070823 Does The Supreme Court Really Understand Affirmative Action? (Part 2) - podcast episode cover

070823 Does The Supreme Court Really Understand Affirmative Action? (Part 2)

Jul 08, 202334 min
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In the second half of the show, we discuss the Supreme Court’s decision to overturn Affirmative Action. We spend time explaining Affirmative Action and how it has benefited marginalized communities. We also discuss the hypocrisy of the Supreme Court and how voting has critical implications when it comes to things like this.

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Transcript

Speaker 1

And now prop.

Speaker 2

My back.

Speaker 3

Strike headquarters behind and there just.

Speaker 2

Tuning in six second. I'm your host, Ramsey's job.

Speaker 4

He is jah, I am.

Speaker 5

Once again it's hardened me, frustrated, angry, and still it's a little early in the show for that. You might want to save that to the end because we've got some heavy stuff to drop on you. But we're gonna make it. Man, That's what we talk about.

Speaker 2

It, we get through it. We're doing our part, and so stay tuned.

Speaker 4

It is becoming more and more difficult to actually feel that way.

Speaker 2

Well, I'm I'm still optimistic and always will be. Stay tuned.

Speaker 5

We're going to be talking about the Supreme Court, good and bad and mostly bad, but as he be Okay, yes, mind is this that we have to talk about that?

Speaker 2

Yeah? Yeah? And then far away Black History fact, we're going to be talking about Henrietta Lacks, a name you may not know, but a name you should know, a very important black woman that deserve to be celebrated. The first and foremost we're going to talk about again the Supreme Court for our Baba Becoming a Better Ally segment, which is sponsored by Unknown Union the Fashion How situated at the intersection of meaning, innovation and culture. More info

check Unknown Union dot com. All right, today's reading comes from NPR. Something the Supreme Court did that was good. The US Supreme Court stepped back from the brink of totally gutting the landmark nineteen sixty five Voting Rights Act. That's very important. Okay, this is why I'm still optimistic.

By a five to four vote, a coalition of conservative and liberal Justice justices reaffirmed the Court's nineteen eighty six president interpreting how legislative districts must be drawn under the landmark Voting Rights Act as amended in nineteen eighty two, the Court said that in Alabama, a state where there are seven congressional seats and one in four voters is black, Republican dominated state legislature had denied African American voters a

reasonable chance to elect a second representative of their choice. The decision could reverberate across other states with reconsideration of how congressional lines are drawn in areas with significant black populations. Chief Justice John Roberts, who authored or joined prior decisions that gutted key parts of the voting rights law, on Thursday, wrote for the Court majority to preserve the way voting rights law has been applied for nearly forty years in

redistricting cases. Who was joined by federal conservative Brett Kavanaugh. Crazy, you know that would never have expected that, but sure, I'll take it, man, and I got a credit where it's due. They joined the Court's three liberal justices Sonya Sodemayer, Alana Kagan, and Katanji Brown Jackson. Basically, the long and the short of it is jerry mandering. This this deals a blow to jerry mandering, which is often a tool used to repress and suppress the influence of black people

and marginalize people's votes in this country. So shout out to the Supreme Court for getting that thing right that that the implications there are a lot bigger than a lot of people know voting. I think voting is still very important, So the implications are a lot further reaching than many people though.

Speaker 4

You think people's in people's minds, they marginalized that what could have happened here? And maybe people just weren't paying attention.

Speaker 2

Okay, so help me up.

Speaker 4

I'm just and I'm not pushing back, but I think, or I guess sometimes I'm just speaking for us and maybe we spend too much time talking about these things with each other. You said that the implications were much larger than people think. I thought that they were. I thought that things could have been catastrophic.

Speaker 2

Yeah, yeah, they're gone the other way.

Speaker 4

So that's yeah, absolutely, this was not something that in my head could have been any bigger. Yeah, this is especially because of the things that have been happening. Sure, like we're gonna wake up and it's going to be nineteen fifty. It's gonna be eighteen fifty if you want insurrection. Yeah, well, anyway, so let's get to what you're talking about.

Speaker 2

So the other side of this Supreme Court coin that we're talking about is going to take a lot more peeling back because it really, again speaks to the sensibilities of a lot of people in this country, not just conservative folks, but a lot of people who don't understand affirmative action. So we're gonna educate you today about what that was, who actually benefited from it, and really what we've lost here. First, I want to say that Clarence Thomas is super whack. He doesn't speak for us, He's

not that dude. And you'll see why we say that Also, I want to make sure that I say that the Supreme Court is not necessarily to be all and end all. There are checks and balances in government so that no one branch has supreme authority in perpetuity. Okay, you by listening to the show like this, and I'm sure you listen to other programming, and you seek out ways to become a better human being. First off, I applaud you.

But you're the sort of person that needs to influence your social circles so that people can think critically about things. And hopefully we'll kind of give you some perspective today. I'm going to read from NPR. In a historic decision, the US Supreme Court on Thursday effectively ended race conscious

admissions programs at colleges and universities across the country. In a decision divided along ideological lines, the six justice conservative supermajority invalidated admissions programs at Harvard and the University of North Carolina. The decision reverses decades of precedent upheld over the years by narrow Supreme Court majorities that included Republican appointed justices. It ends the ability of colleges and universities public and private to do what most say they still

need to do. Consider race as one of the many factors in deciding which of the qualified applicants to be admitted. Chief Justice John Roberts, a longtime critic of affirmative action programs, wrote the decision for the Court majority, saying that the nation's colleges and universities must use color blind criteria and admissions. Oh if only that were true, real quick, before I

keep reading. Using color blind admissions criteria does not deal with like at Harvard, we're going to talk about this Harvard, forty three percent of the people that attend Harvard, our legacy attendees.

Speaker 4

Can you explain to our audience what that means?

Speaker 2

So if your dad went to Harvard, there's like a referential treatment for you if you're an applicant. I believe effectually that's what it is. Don't don't hold you to it. If you want more exact.

Speaker 4

I mean, it's it's nepotism, yeah right, yeah, as a legacy. Yes, my parents went to school here, right, so I get to go to school here.

Speaker 2

Add to that that the life based circumstances that really need to line up or there to be impactful, meaningful not like, Okay, we let three black people in this year and the class is fifty thousand people. You know what I'm saying, We're there to be impactful numbers that really make a difference, and we're not attaining progress according to anyone else's timetable, but indeed our own black people's timetable. These things need to be addressed. This is not just

a Harvard thing. This is a thing with our corporate culture in this country. With law enforcement, I believe it's like sixty five percent of all police officers are white men. Judges, same thing, you know, on and on and on. This is when people talk about systemic issues, systemic racism, that these are issues that privileged white people and really prevent barriers to black people, and they operate more or less in perpetuity unless unchecked by something a lah affirmative action. Okay,

I'll keep reading. The majority of opinion says quote many universities have for too long concluded wrongly that the touchdown of an individual's identity is not challenges bested, but skills built or lessons learned, but the color of their skin. Our constitutional history does not tolerate that choice. Okay, Now, what does he think has been happening. Right, It's like it's like turning a blind eye your own privilege, your

own how these things help you. But when it becomes formalized for the benefit of someone else who is seeking to kind of equal things out, there's there's some equity built into the equation, equitable treatment, if you will, Then all of a sudden, it's well, whoa, whoa, we can't have this. In other words, I've said it recently on the show too, and I really need to get this quote quote right.

Speaker 6

But to.

Speaker 2

The privileged, quality feels like oppression.

Speaker 4

So that's kind of what the idea that these admissions offices have been admitting people just because they're black. It's such a ridiculous thing to think, especially for a Supreme Court justice who either knows better right and is shaping this false narrative intentionally, or doesn't and therefore is drastically underqualified to be a Supreme Court justice.

Speaker 2

This is where we're going with this. But they still ignore their perch, right, they ignore where they stand and how they got there, and then they look at other people and okay, well, affirmative action is unconstitutional. Well, then we have four hundred years of unconstitutionedtional behavior in this country that we need to remedy because now the systems are built and they're self refueling and self perpetuating.

Speaker 4

I have to think, right, and I have to say the word think because I know, but I have to say the word think sure that he understands that even with affirmative action, it didn't.

Speaker 2

Flip in our favor. Yeah, we're not. Affirmative action did not turn us into the majority.

Speaker 4

Yeah, I didn't graduate from Harvard, even those that did were the minority yet absolutely, Yeah, like by a lot.

Speaker 2

And I think your point that you made earlier is that to graduate from Harvard, you can't just show up and be black and that's it. You have to be exceptional first, right, So this is just making sure that exceptional black people were included among the ranks, to.

Speaker 4

Make sure that exceptional black people were considered considered. Yeah, it didn't assure you were admitted. You got a chance to apply, Yeah and be taking serious. That's like, how dare you do you remember what a chance? You're gonna help me explain.

Speaker 2

You remember what happened with the football people when they were trying to hire black coaches, but they weren't really trying to hire them. Well, it's not what happened, past sence, So tell me, tell us about the story.

Speaker 4

Because the rule in the NFL. I don't even know if this is if it's still a thing, because it's proven to be so ineffective. But the Rooney rule made it so that when hiring a head coach you had to interview a black candidate. It did not require that you hired them. And it's been a failure because they'd invite someone like Ramses, someone like you to say they met that very very low standard, interviewed a black guy. Now we're going to hire the person we wanted to

hire anyway. And now, even though the majority of the players are black, they pretend that there is not a pipeline for there to be black people in charge in the head coach position or the general manager position, which are the people who make the decisions and pretty much run these franchises. So these things are created because left to their own decisions, a lot of people would not even consider black people for these opportunities.

Speaker 2

Okay, thinking these rules had.

Speaker 4

To be instituted just for us to be considered.

Speaker 2

So watch this again. It's hard for them to look at themselves with that same level of critical thinking. Right, they're like, well I got here, honestly, Well, they have the false.

Speaker 4

There's this false idea that this country is a meritocracy where if you're better or you know, bigger or faster than you win and we know better.

Speaker 2

Yeah, we have thousands of years that show us that that's not it's not even remotely true.

Speaker 4

You know, left to our own devices, are we are not fair? Especially here. You know, my kid was smart, so he got in. You don't think it helps that that building is named after you, sir.

Speaker 2

Yeah, there's more to it than just that. There's lots of smart people. But the hypocrisy is on full display, and it nowhere is it on better display than with Clarence Thomas. I remember when we went to the National Museum of African American History and Culture and they had this huge photo of They're a good Marshall. There was this huge celebration of Katanji Brown Jackson, and then they had this little tiny picture of Clarence Thomas because he

is black and he was on the Supreme Court. That's technically true, but there was no celebration in the way that there was there a good Marshall and Katanji Brown Jackson. Now you could say he was the first black woman, he was the first black Supreme Court justice. Clarence Thomas found in the middle. Oh, he doesn't, you know, he's not really breaking new ground here, but I think that.

Speaker 4

I mean, what you just said is the point. Though, How are you not breaking new grown?

Speaker 2

How did you?

Speaker 4

How did you get there and decide status quose? Fine?

Speaker 2

Like that's the problem.

Speaker 4

That's why there's no celebrations, Like how do you from where you're from get there a place that should have felt impossible to get to and then say, all right, my work here is done.

Speaker 2

And for those of you listening who don't know where Clarence Thomas is from and his story, we're gonna we're gonna share that with you. Actually, let's just do it right now. Let's let's share it right now. So we have a clip from stephen A stephen A. Smith, So go ahead and play that clip.

Speaker 7

Dou Catholic, originally intended to be a priest, actually decided not to be that, by the way, because he became frustrated of the church's insufficient attempt to combat racism. Ended up attending Yale Law School via affirmative action. He attended law school. He was an affirmative action student. Gets better appointed by Ronald Reagan as chairman of the Equal Employment

Opportunity Commission. This man once oversaw the EEOC. The very job he held was to address racial inequality in this country. He made it to the Supreme Court, second Black the history of the Supreme Court. His predecessor was the great third Good Marshal. I could easily go into Clarence Thomas, and I think doctor Michael Eric Dyson put it best. He said, this is the face of a man who climbed the ladder of affirmative action to his present perch of power, only to help destroy the very ladder on

which he ascended. You used affirmative action to climb the ladder that you climbed to success, and then did everything you could to knock it down so nobody else could come up the same way you did. That is Clarence Thomas.

Speaker 2

Okay, Now I want to read a quote from Clarence Thomas, or read a passage here. Justice Clarence Thomas took the unusual step of reading from the bench parts of his lengthy concurring opinion meaning he was on the side of people trying to gut affirmative action. He wrote, Sorry, Thursday's decision, he wrote, sees the university's admissions policies for what they are, rudderless race based preferences. Those policies fly in the face

of our colorblind constitution. Okay, so Justice Clarence Thomas actually read that. Okay. Now there are people that will say, listen, man, that's black people, black people's problem, black people's issue. What do they have to do with it? Okay, Well there's more to this story, Okay, because affirmative action didn't just

help black people. Okay, there's a lot more here. And by the way, there's a good friend of the show and a good friend of me and Q. Isaac's the third, the son of the great Isaac Hays, the singer and the owner founders.

Speaker 4

Singer, composer, writing director, producer. Isaac Hays.

Speaker 2

Yeah, and Isaac's the third is the owner and founder of fan Base, the social media app that you and I are big fans of. If you're not a big fan of Twitter, really algorithms and all kinds of nonsense fan bases where you belong. The owner and the founder of fan base. Isaac has put up a post recently that said that this effort of the Supreme Court to gut affirmative action goes all the way back to twenty sixteen.

Then he says, but you didn't vote though, right, And so again we're talking about voting, and earlier when we talked about what the Supreme Court did that was good, hopefully end upholding or rather pushing back against people's rights or states rights, to jerry mander away the black the influence of the black vote, voting matters, and for everyone who thinks that your vote doesn't matter, it does. Because it was a conservative president, it's stacked a now conservative

Supreme Court that now it's taken away abortion. They've taken away affirmative action, as we've discussed, they have taken away protections against our lgbtqia plus brothers and sisters. They've taken away Listen, if you have student loans, the current president was trying to forgive twenty thousand dollars the student loans for everybody fifty thousand? Was it okay? Fifty thousand dollars

a student loans? So if you have student loans, the government or the president had a plan in place to forgive that that would have made a real measurable impact on you and your life and your immediate here and now, the same government that forgave all those pandemic loans, they have the capacity to do so this ship hasn't sunk, and all those pandemic loans were forgiven. But this is for every man. This isn't for business owners, This isn't for you, know, this is for you if you have

student loans or people that you might know. Right, the same Supreme Court push back on those efforts, and now the presidential administration underneath Joe Biden has to find another way to deliver that relief to the American public. So your vote shapes outcomes absolutely. And Isaac Cays was right.

Speaker 4

I want to read something before we move on. This is from the Onion. This is by Cicero Thompson. I decided to become a slave so one day my descendants could steal college admission spots.

Speaker 2

Affirmative action in the world.

Speaker 4

Of higher education can be an incredibly difficult topic to address. While many people have strong opinions about how the policy affects racing college admissions, I as an enslaved person, have uniquely personal ties to the issue. Back in the year eighteen twenty three, I decided to become a slave so one day my descendants could steal college admission slots.

Speaker 2

Now it was a tough decision, but boy did it pay off big time.

Speaker 4

When I opted to become a slave and work in cotton fields in South Carolina, I did it with hope that in two hundred years my progeny would have an unfair advantage while applying to colleges. Deep down, I knew that if I sold my body and worked for no pay at the hands of my sadistic, violent master, then one day my great great great great great grandchild would be able to prevent some middle class white kid from getting into their dream school. Sorry, Cotin, thanks to me,

your fifteen thirty SAT score won't be enough. I remember it like it was yesterday. I was living in Senegal, free and happy, but then had an idea. What if I got on a ship and went to a land I had never heard of, a place where I knew no one, did not speak the language, and spent sixteen hours a day doing forced labor while getting whipped and beaten. Yes, I thought, if that's what it takes for my prog you need to bump someone just as deserving from the admissions list, I'll do it.

Speaker 2

It was the perfect plan.

Speaker 4

If I played my cards right, I could all but ensure that my descendants would apply to schools, give the college no choice but to admit them, and force some so so so white kids into their second or third choice schools.

Speaker 2

Now, folks, there's more to read.

Speaker 4

And I hope you've caught on by now sarcastic that this is a sarcastic isn't even the right word, but that this is written to be heard as ridiculous.

Speaker 2

Absolutely well, I'm glad you shared that with us. I wanted us to play a video just to leave you with some final thoughts. This video comes from Cassim Rashid, so let's fire that one off.

Speaker 6

Here's the thing that magas don't seem to understand about affirmative action. It was never about admitting unqualified black kids. It was all about ensuring that qualified black kids could actually get a fair shake at admission. Megas want us to forget at the levels of systemic racism in universities. I mean, my god, did they realize that HBCUs exists?

Specifically because after graping, enslaving, murdering, lynching, and torturing black people for four hundred years, they wouldn't even allow black children to read a book, so black people had to build their own schools. And for those claiming that systemic racism is over, when when did those systems of white supremacy stop? Because right now black and brown schools get twenty three billion less in funding than white schools despite

serving the same number of students. Because even now, forty three percent of white students at Harvard are there only because of legacy, and three quarters of.

Speaker 2

Them would not have qualified unmerit.

Speaker 6

Meaning they took a seat from a more qualified Black, Asian or white student. And spare me the magas who say we had to repeal affirmative action because it's discriminatory to Asians. No, first of all, agents also benefited from affirmative action. And moreover, is this the same GOP that near unanimously voted to block a resolution condemning anti Asian discrimination the actual unqualified emission you should be upset about. Are people like Justice Cavanaugh getting to Yale on legacy.

The bottom line is this, don't blame black people for your own mediocrity.

Speaker 2

It's time for the way Black History effect. Today's Way Black History Fact is sponsored by Underround Beach Club. From the Streets to the Beach. For the finest in beachware, visit Underground Beach Club dot com. Today's reading comes from Wikipedia. Henrietta Lax born Loretta Pleasant August first, nineteen twenty to October fourth, nineteen fifty one was an African American woman whose cancer cells are the source of the Hila cell line, the first immortalized human cell line and one of the

most important cell lines in medical research. And a mortalized cell line reproduces indefinitely under specific conditions, and the HeLa cell line continues to be a source of invaluable medical data to the present day. Lax was the unwitting soul of these cells from a tuner biopsied during treatment for cervical cancer at Johns Hopkins Hospital in Baltimore, Maryland in nineteen fifty one. These cells were then cultured by George Otto Gay, who created the cell line known as HeLa,

which is still used for medical research. As was then the practice, no consent was required for culture to culture the cells obtained from Lax treatment Neither she nor her family were compensated for the extraction or use of the HeLa cells. Even though some information about the origins of HeLa Hela's sorry immortalized cells was known to researchers after nineteen seventy, the Lax family was not made aware of

the line's existence until nineteen seventy five. With knowledge of the cell line's genetic prominence becoming public, its use for medical research and for commercial purposes continues to raise concerns about privacy and patient's rights. On January twenty ninth, nineteen fifty one, Lax went to Johns Hopkins, the only hospital in the area that treated black patient, because she felt

a knot in her womb. She had previously told her cousins about the knot, and they assumed correctly that she was pregnant, but after giving birth to Joseph, Lax had a severe hemorrhage. Her primary care doctor, William C. Wade, referred her back to Johns Hopkins. There, her doctor Howard W. Jones, took a biopsy of a mass found on LAX's cervix for laboratory testing. Soon after, Lax was told that she

had a malignant epidermoid carcinoma of the cervix. In the nineteen seventies, physicians discovered that she had been misdiagnosed and actually had an a dino carcinoma. This was a common mistake at the time and the treatment would not have differed. Lax was treated with radium tube inserts as an impatient and discharge a few days later with instructions to return for X ray treatments as a follow up. During her treatments, two samples were taken from LAX's cervix without her permission

or knowledge. Sample was of healthy tissue and the other was of cancerous These samples were given to George Otto Gay, a physician and cancer researcher at Johns Hopkins. The cells from the cancerous sample eventually became known as the HeLa immortal cell line, commonly used cell line in contemporary biomedical research. In nineteen ninety six, Moorhouse School of Medicine held its first annual HILA Women's Health Conference, led by physician Ronald Atillo.

The conference is held to give recognition to Henrietta Lax, her cell line. End quote the valuable contribution made by African Americans to medical research and clinical practice. The Mayor of Atlanta declared this date of the first conference, October eleventh, nineteen ninety six. Henrietta Lax Day. LAX's contributions continue to

be celebrated at yearly events and Turner station. At one such event in nineteen ninety seven, then US Congressman from Maryland, Robert Elrichi, presented a Congressional resolution recognizing Lax and her contributions to medical science and research. In twenty ten, the John Hopkins Institute for Clinical and Translational Research established the annual Henrietta Lacks Memorial Lecture Series to honor Henrietta Lax and the global impact of HeLa Celles on medicine and research.

In twenty eleven, Morgan State University in Baltimore granted Lacks a posthumous honorary doctorate in public service. Also in twenty eleven, the Evergreen School District in Vancouver, Washington, named their new high school focused on medical careers, the Henrietta las Health and Bioscience High School, becoming the first organization to memorialize

her publicly by naming the school after her. In twenty fourteen, Lax was inducted into the Maryland Women's Hall of Fame twenty seventeen, a minor planet and the main asteroid belt was named three, five nine or two six Lax in her honor. In twenty eighteen, The New York Times published a belated obituary for her as part of the Overlooked

History Project. Also in twenty eighteen, the National Portrait Gallery the National Museum of African American History and Culture Shout Out to Him jointly announced the accession of a poetrait portrait of Lax by Kadir Nelson. On October sixth, twenty eighteen, Johns Hopkins University announced plans to name a research building

in honor of Lax. The announcement was made at the ninth Annual Henrietta Lacks Memorial Lecture and the Turner Auditorium in East Baltimore by john Hopkins University President Ronald J. Daniels and Paul B. Rothman, CEO of Johns Hopkins Medicine and Dean of the medical Facility the Johns Hopkins University School of Medicine, surrounded by several of Las's descendants quote through their life, through her life and immortal sells Henrietta Lax made a measurable impact on science and medicine that

has touched countless lives around the world. Daniel said this building will stand as a testament to a transformative impact on scientific discovery and the ethics it must be under

grid in its pursuit. Johns Hopkins are profoundly grateful to the Lax family their partnership as we continue to learn from Miss LAX's life and to honor her and during legacy, the building will adjourn Burman Institute of bio Ethics during call, located in the corner of Ashland and Rutland Avenues, and will quote support programs that enhance participation in partnership for members of the community and research that can benefit the community,

as well as extend the opportunities to further study and promote research, ethics and community engagement research throughout expansion of the Burman Institute and its work. And finally, in twenty twenty, Lax was inducted to the National Women's Hall of Fame. There's a lot more accolades and so forth, but still not taught in schools, So I didn't know about this woman.

A lot of people owe their life to this woman, a life cancer you name it, like life be living if not for this black woman and herself and what we've been able to learn and keep them going and use them in medicine and so forth.

Speaker 4

And so as the son of a cancer survivor, exton my thank you to her and her family and their legacy.

Speaker 2

All Right, that's going to do it for us here on Civic Sipher today. So once again I want to thank you for tuning in. I'm your host, Ramsay's job, and I'm CUE, and.

Speaker 4

One of these days I'm going to actually try to deliver on the hope that has been promised, because oftentimes I've said this out loud on the mic before, I do not come to do this show or lead after doing this show feeling much in the way of hope our country. It's leadership, our politicians and clearly our courts are dire.

Speaker 2

Straight. Well, I'll tell you what We're going to be here for all of it. Find this at Civic Cipher, find us at Ramsey's job. I am q Ward and of course you can find us right here until next week. Y'all.

Speaker 1

Y'all like yo, we hand the lab. These brothers are fabulous.

Speaker 3

Our lady showing you where room traveled this speak tone from sunlight to hold busting on stage like gonna fights the b throw my mic back it like that journalists with journalists too, we can strike back a horb borders with orders from head borders behind in the beline side, sepp in the borders, the press pass.

Speaker 1

We bring it to you as it habits the streets. Love popped in from music.

Speaker 3

You're wrapping the street compland the slash week expando.

Speaker 1

You're gonna fight the slander with the proper propaganda. What's happening? It's how you got a questions to ask if the noose is just a TV show you're passing? And this from a white wartime journalists headlines wait, God breaks and resist like this like what like this like

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