Ban the Box?

Ban the Box?

It’s Part 2 of our discussion of the Supreme Court’s affirmative action cases, with Harvard and the University of North Carolina defending their procedures We play clips from the oral arguments, with every justice chiming in along with the advocates, and our analysis follows. This time we address themes that recurred during the arguments - how does one determine an endpoint for racial preferences in admissions? How can we measure or pinpoint the educational value of diversity? What is the appropriate level of diversity - is it necessarily identical to the proportional representation in the population? And importantly, what might take the place of the “checkbox” that currently appears on most college applications, designating one’s race? Professor Amar’s 1996 article, co-authored with Neal Katyal, somewhat prophetically touched on these and other themes, and it is referenced frequently in these discussions.

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Avsnitt(297)

Circuit Breaker

Circuit Breaker

The Eighth Circuit is at it again, believe it or not.  Despite what appeared to be a clear directive from the Supreme Court to use the 2022 map in the upcoming federal election in Missouri, a panel of...

24 Sep 46min

The Constitution Goes to Princeton

The Constitution Goes to Princeton

It’s Constitution Day, or rather Constitution Eve as we record.  Akhil is the invited speaker at Princeton University’s gala event, and ahead of the speech, we invited Princeton undergraduates to come...

18 Sep 1h 23min

More Statesmanship, and State Constitutions - Special Guests Steven B. Smith and Vikram D. Amar

More Statesmanship, and State Constitutions - Special Guests Steven B. Smith and Vikram D. Amar

The big issue in the news today is the Missouri legislature’s attempt to avoid the state constitution’s referendum provisions in order to impose a legislative map that would advantage Republicans to t...

9 Sep 1h 44min

The Statesman's Constitution - Special Guest Steven B. Smith

The Statesman's Constitution - Special Guest Steven B. Smith

Originalists venerate the Founders, who were by most reckonings a group of remarkable statesmen.  Today, many Americans look seemingly in vain for a statesman worthy of the moment and its challenges. ...

2 Sep 1h 34min

An Amendment Like Some Others - Special Guest Vikram D. Amar

An Amendment Like Some Others - Special Guest Vikram D. Amar

Voting rights are in the news.  The state and federal governments have sought to weigh in and intervene on election laws, as we have seen in previous cycles.  This time, a number of states have passed...

26 Aug 1h 21min

Preclearing the President

Preclearing the President

What happens when the president loses in court, even at the Supreme Court, but repeatedly attempts to fight the battle again?  New tariffs are offered after the old ones are thrown out.  Birthright ci...

19 Aug 1h 14min

There You Go Again

There You Go Again

The President did not file for reconsideration of the Court’s decision in Trump v. Barbara, but the President nevertheless doesn’t let the Constitution rest, issuing two new executive orders that purp...

12 Aug 1h 8min

Dobbs and Bruen Plus Time

Dobbs and Bruen Plus Time

As we make our way through the 20 most constitutionally significant cases of the Roberts court, this episode takes us through two cases that have continued to have resonance with the American people a...

5 Aug 1h 19min

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