October 18, 2018

Listen to the Episode

From The Official Website:

Today's Rapid Response Friday takes us to the front lines of the affirmative action debate with the trial of Students For Fair Admissions, Inc. v. Harvard, a lawsuit brought by a single-issue right-wing activist determined to end diversity as a criterion in school admissions. (And yes, we tell you what we really think!)

We begin, however, with some news regarding the Monsanto trial we profiled back in Episode 202.

After that, it's time for a deep dive into the nuances of affirmative action with the SFFA v. Harvard lawsuit. What exactly does it allege? What's the status of affirmative action law? Where is this lawsuit going? Listen and find out!

Then it's time for a brief Andrew Was segment, in which Andrew Was Wrong about the UK Supreme Court, and Andrew Was… Something… about the good news coming out of the Florida Supreme Court.

Finally, we end with an all new Thomas Takes The Bar Exam #98 regarding constitutional standards. Thomas needs to go 2-for-3 after a recent audit showed a bank error in his favor. Can he do it? You'll have to listen and find out!

Show Notes & Links

  1. We first covered the Monsanto trial back in Episode 202; go check it out!
  2. Click here to read the Students For Fair Admissions, Inc. v. Harvard lawsuit.
  3. To understand the history of affirmative action, listen to our Episode 93, and check out both Regents of the University of California v. Bakke, 438 U.S. 265 (1978) and Grutter v. Bollinger, 539 U.S. 306 (2003), the cases we discussed in the episode.
  4. I mentioned the Etzkowitz et al. article on critical mass; you can read that here.

Law Talkin' Stuff

Law Court Thingies






  • [00:00:00] Intro
  • [00:01:20] TTTBEGate
  • [00:04:00] Monsanto trail update
  • [00:07:25] Affirmative Action
    • [00:14:00] California v. Bakke
    • [00:16:50] What Harvard actually does
    • [00:25:00] Bases for the allegation
  • [00:27:50] Commercial
    • [00:29:20] What happened in Fisher
    • [00:36:30] Kennedy about critical mass
    • [00:42:35] Critique of affirmative action that has merit
  • [00:51:48] Commercial
  • [00:53:24] Andrew Was Wrong UK court system from OA218
  • [00:59:40] Andrew Was Right Florida granted quo warranto
  • [01:03:15] Patron Hall of Fame
  • [01:08:45] Thomas Takes the Bar Exam: Special use permit (question) and TTTBEGate
  • [01:16:25] Outro
  • [01:18:38] Out Takes

(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)