I bet "Feldman" would not be so "Affirmative Action" if he had to go to a substandrad law school or non at all because some "colored boy" got to go first. I waited 6 years to get on a big city Fire Dept. and then had to sue as they would only hire blacks and women who were substandard.
In fact, they didn't get around to discussing the truly big case on the docket this season: the North Carolina case that determines whether courts or state legislators have the last word on election laws and outcomes. This one is huge. One would hope the Supreme Court would back the courts, but who knows with this current bunch
Only 4 judges in US history have supported the Independent Legislature nonsense in the history of the US legal system. Of course those 4 are Thomas, Gorsuch, Kavanaugh and Alito so
And to the other comment, you think giving highly gerrymandered minority parties the ability to just throw out any votes they don't like for no reason with no ability to challenge those decisions "isn't a big deal"? Look at Wisconsin. 55% of voters chose Democrats for state house seats but they only won 38% of the seats. That means that even if Wisconsin goes say 60% for Biden, the legislature, chosen by a minority of voters, can just decide to throw that election out and hand the votes to the opponent.
@Merican Modi I made zero comment about Race, because I'm commenting on Jerrymandering and the repercussions on the American electoral system of the possible Moore decision. You are a right wing back, probably alt-right, as you use their switch topic tactics and dodge the real question responses, while disregarding evidence. It means no matter what logic is presented you'll find reasons, however tenuous, to dismiss it so as to preserve your world view. Which makes any discussion pointless because you are unwilling to honestly engage.
The best content with great discussion and viewpoints only has 200 likes yet nonsense and idiotic channels get thousands of likes. This is the world I live in. I am grateful for the people that keep us informed and share insightful information. This is what allows me to sleep at night.
Amanpour and Co. videos will be historical documents future generations will use to chart the destruction of the American democracy at the hands of the terrorist Republican regime.
Justice Roberts can complain about the public's perception of the Court all he likes, but the Court has done discredit to itself. There are some on the bench who are simply not qualified to be there, and the decision to essentially reverse a half-century's-old right, certainly gives the public reason to question the Court's legitimacy. In these religious liberty cases; I have to wonder if the same decisions would be reached, should the religion in question not be 'Christian'.
The Court became highly problematic with activist Justices legislating from the bench. Thankfully, it seems like the Supreme Court is finally doing its job of upholding the Constitution in its original spirit.
@@changeshifter4852 You are comparing apples and oranges. The question was on of politisizing the court of which she could not be a louder statement. When you put someone on the court ONLY because you want a "black woman" that's politics. Anyone and everyone on the court is "qualified" by no other definition than senate confirmation. BTW, is that the one who could not define a woman ? I can, and Im not qualified to be on SCOTUS.
Please explain "politicized". The president has the right to appoint whomever he wants confirmed by the Senate. Kitanji Brown wasn't a political appointment ???
No. It is the opposite. It is being de-politicized. The Democrats politicized the SCOTUS by using it to "pass legislation" they cannot do in the Congress. The Constitution should be interpreted as written. Period.
Noah Feldman is falsely relying on the issue of diversity in college admissions. The core of the Harvard case is based on discrimination against ASIAN student. The issue is that so called "diverse classes" in which race is a factor in admissions discriminates against Asian students, a minority race that culturally stresses hard work and achievement. Feldman, get honest with us.
If a web site says that it won't make web sites for things it doesn't believe then it is stating that it DOES believe in anything that it does publish. In that case it makes itself legally liable for the things it publishes. You can't have it both ways.
But there is indispensible value in offering an education to the entire variety of different kinds of persons that will provide the best experience operating in the diverse world we live in. How else or how better can students obtain this kind of education? The US and the world is diverse. You need to be proficient in certain facts and values - whether you believe in them or not - and you need to have the experiences that allow learners to function the best in and within our diversity. There is a larger world outside the US. Please let us prepare students to function in that world and understand that world in order to promote our values.
You may not chose use using race. But you can not deny by race either. My point being choosing the same people that have been chosen before can not be denied.
Nice presentation of questions and answers from top people. I think what all this shows is that America, by its history, ideals and Constitution, has conflicting sometimes contradictory goals and aims. On the one hand, diversity and anti-discrimination; on the other free speech and religion and individuality. On the one hand morality and values, and on the other free and prosperous commerce. The job of a fair, neutral and detached Supreme Court, untethered to a fixed ideology, is to find smart, creative and principled ways to compromise these contradictions and wisely “split the baby in half.”
Depends on how you view other non human animals. If one see all animals as sentient beings with emotions, then the discussion is a moral and ethical case.
@@leilakullar3327 yes, but the government really by law isn't into moral issues. That would be a YOU issue. I do wish my fellow Americans could comprehend basic civics.
*Religious fanatics within the supreme court are a huge problem. We need a constitutional amendment that puts religion where it belongs - at the same level as astrology, scientology and all other purely personal beliefs. Everyone has a right to believe anything they want to believe no matter how absurd, but absurd personal beliefs like religion should not get "special" protection and treatment under the law.*
@Merican Modi That's absurd. Math can be tested. Any belief without evidence that cannot be tested is a purely personal belief. Can any assertion in religion be tested? Nope! Your christian bible says a person with a tiny bit of faith can move a mountain. *If all the christians in the world simultaneously prayed for their god to levitate a feather, would the feather move? Absolutely not.* Everyone knows deep down in their heart that religion is fake. Otherwise, why would christians be so afraid of death and cry so much when their loved one dies?
As a business that sells services (many of which are artists that sell goods based off their own artwork) it is tricky when things that might look like discrimination cme into play. As a human I want to say that these people referenced in this interview should NOT be able to discriminate but as an artist myself I still would like the right to say yes or no to a commission, the same as a website or a cake. I was a tattoo artist for many years and in that time I refused many pro-Nazi and anti-gay tattoos and I'm glad I did. I'm glad I had that freedom...but how is that any different that a cake or a website?
The rule of unintended consequences will be in full effect… as white students lose university seats to Asians who take education much more seriously. 👍🏽
Why are you acting like that's a bad thing? Those who are most passionate about education should be the ones who are rewarded. The current racist policies of affirmative action has been discriminating against Asians for far too long.
@@damiendiem -- I think you're making a false assumption. That our Racist Republican lawmakers are passing this law to benefit white students, they aren't thinking of the unintended consequences. :) Asians are generally docked a few points on their SAT to 'equalize' their scores, other races get a boost, like black students. Removing the race will end this, and benefit Asian students, which is NOT their intended goal. I find this amusing, and I never ever said and would never say that it was a bad thing.
Why if you do not accept funds from the Government- other peoples taxes, wouldn't it be right to allow private businesses to exercise their religious beliefs via their business? Couldn't people just not give money to those businesses? Therefore limiting their profit?
The case about California is much more important than its being described here. California’s air resources board is a major regulator setting environmental standards across the country. The case isn’t about pork it’s about weakening the power of California and Democrats specifically to regulate outside Congress. This challenges the autonomy of the states and their ability to be laboratories of policy experimentation.
Which is silly because if companies don't want to follow california regulations they can just not sell things there. If it is on a moral ground then stand your ground, if it is on a cost saving ground then they will have to make exceptions in order to keep supply up anyway.
Religion and race are two different categories. While race is an artificial, social category, people are still born into a race and an ethnicity. Religion may be a matter of choice, a path that people can and do elect. However, for Christians to refuse to provide a service to people because of race, religion, sexual preference is to violate the basic teachings of Christianity.
I don’t eat pork or veal anymore. Pigs are in pens w/concrete floors, so small they can’t even turn around. Baby calf are locked in boxes so they can’t move, so the meat is tender.
Good interview. Showed both sides. And in the end, he's right. If you grant rights on both sides, you seem more legitimate. Problem is that besides Roberts and maybe Kavanaugh, conservatives vote with each other 95% of the time and so do the liberals.
Because corporations are “people” then rulings that are fitting for a business run by one person or a family concerning their freedom of speech, unfortunately this ruling would logically transfer to these huge corporations. Declaring corporations as “people” is a gigantic mistake imo.
I’m starting to think that religion is a story that has been interpreted by so many people for their own agenda. religion has no place in government. Government is a fact based establishment to maintain the rights for everyone
Not accusing anyone of cultural Marxism, but you CANNOT pressure, compel, or trick an individual into adopting unfamiliar cultural practices. You will frighten that person into becoming racist.
I object to the government regulating race or nationality. When I worked at EDD in the 70's we found French bakers and sheepherders from France and Spain respectively. I was sure at the time an American could have been trained to do thes e jobs. Then I remember the 80s with employee amnesty. Horse race tracks could bring in ferriers, trainers, from foreign countries also. Their paperwork was expedited and past work without proper documents was disregarded. Side note...notice that these various trades' results are enjoyed by prosperous Americans!
It seems odd that if diversity is so important, that we don't get rid of the "over-representation" of blacks in the NFL and NBA, and force teams to hire more Jews and Asians. We don't do that because we think the best should be chosen. So when it comes to lawyers and doctors and computer programmers and nurses and others, why do we want less than the best? To suggest they do not give "points" for skin color (a/k/a "diversity") belies the absolute fact that blacks are given over 250 SAT points in admissions. "Diversity" is a branding move that was designed to make it easier for blacks to get into schools they could never get into on the merits.
It would be interesting to see the make up of the student body of higher learning institutions in the US if admissions had no access to information regarding race, gender, religious affiliation, or even the address of applicants. Add to that a prohibition against all of the various ways that rich people get their under qualified children accepted by colleges and universities. My guess is that the result would be that white students would make up a much smaller percentage of the student body, and the right would end up constantly going on about the good old days when all they had to deal with is a pesky, woke equal rights mentality. I would also would expect to see a major increase in the percentage of students that are from foreign countries, if students are accepted only based on their abilities, prior performance and achievements during their education thus far. I base the idea that the composition of the student bodies would no longer favor natural born Americans on the much higher quality of education of other countries, and the appallingly low bar we have set in the US for K-12 education. My expectation of a significant drop in the percentage of the student body of that are wealthy, Anglo-Saxon Americans in particular is based on the fact that even though many non Anglo people are born on US soil, a cultural tendency of some ethnic groups, which include families that been in the US for two or more generations, towards a greater dedication to achieve more than just enough rudimentary knowledge to squeak by gives them the advantage over the entitled Anglo-Saxon set. Push back all you want to. But facts are facts. Americans have made the "enough to squeak by standard" the norm. And it's showing. Since that is the case, and since an anonymous college application process will never be a thing, I think that we will see a reduction in the numbers of foreign students attending American universities, because the cost of higher education in the US, which is astronomical compared to other countries, along with the glaringly obvious inferior "product" that our educational institutions (including our Ivy League universities) is going to result in the development of a very polar opposite view of higher education in America to the view that this country has enjoyed for the better part of our nation's history. Except, perhaps, the progeny of fascist dictators. They may look at the quality of politicians and members of the previous administration that our ivy league universities are producing, such as DeSantis, Cruz, Cotton, Hawley, Bannon, Pompeo, Mnuchin, McEnany, Stefanik, Kushner, etc, etc, and decide that a US Ivy League college is the perfect place for next generation of leaders to get their education. I hate to think of the American institutions of higher learning as being the education Mecca for budding young future fascist, authoritarian dictators. But unfortunately it's a shoe that fits.
I see 🙈 you find that all so- called whites are anglo Saxons . Guess what we are not. I'm a decendent of native American and other people so look closer next time we all do not look alike
@@debbielwilham5603 Sorry that I wasn't clear in expressing my views. I was focusing on people with "Anglo-Saxon ideals" (which is whitewashed terminology for white supremacist ideals that people like Margarine Traitor Greed like to use in place of "my white supremacy ideals", while promoting said ideals, not about all white people...I'm 3/4 Irish and 1/4 British myself). In other words, I'm saying that I'd be interested in how the people who demonize Affirmative Action as reverse racism would be affected by a totally blind admission process. And people who can, under the current system, use their wealth to purchase their childs acceptance by such things as making major donations to the institution, arranging for research grants for the institution through their connections or simply by their ability to hire tutors and coaches that low income families cannot afford? (Remember the big Hollywood scandal where famous people were busted for cheating their kids way into some of the better colleges?) Both are groups that tend to raise their children to believe that they do not need to earn their place, but rather are entitled to a place regardless of their abilities and work ethic, based on my own observations in various professional positions. Would it leave them with lower admissions per Capita of their demographic? Or would they significantly dominate the population of the student body? I feel confident that I know the answer. But I don't have definitive proof. Just a lot of anecdotal evidence from local families and institutions.
"Christian Values" Jesus associated with and defended prostitutes,thieves and tax collectors ( at the time viewed even lower ) . I suspect if He came upon an outed LBGTQ person, He would have challenged the gathering crowd to let the sinless person cast the first stone, and after the crowd dispersed, bid him well. True I have mixed parables.... But is this not in character of the stories recorded about Him?
14:58 The problem with this argument is that a business with sole proprietor and a large corporation with thousands of employees are, legally speaking, the same thing. It is only a matter of zeroes at the end of the income statement. The moment you put out the welcome mat as a business - a public business - you shouldn't have (by default) all of the same free speech protections that a private citizen does. By being an entity that only exists in the public sphere, a business has an obligation to abide by anti-discriminatory laws and protections. A business does not have firmly held religious beliefs, people do. The first and obvious argument they will use is that since the business is so small, there is no distinction between the two. I wonder if that would be their argument if the business had to file bankruptcy and the court decided to attach the business owner's home/autos/jewelry as an asset to be used to satisfy outstanding debt. I am guessing they would be quick to make a clear distinction between themselves and their business. Can't have it both ways. The other argument is that the business is a legal entity that has the 1st Amendment right to free speech and exercise of religion. This strikes at the core of the problem with current jurisprudence: the belief that corporations are (legally) people. They can certainly be extended certain rights (the ability to own things, the ability to sign and enforce contracts, etc.), but they shouldn't default to having all of the same rights as a human being.
In UC v Bakke the University of California at Davis had a strict quota system which allowed white applicants to compete for 84 seats. That left 16 seats reserved for racial minorities. The court held that UCD violated the equal protection clause and the civil rights act of 1964. UCD had denied Bakke admission to medical school solely on basis of race. Bakke did not embrace the idea of diversity. Professor Feldman is using the diversity argument (a 21st century construct) to obfuscate the question before the court today. That is, should the admission process be based on merit or skin color, race, sexual orientation.... I for one, don't want my next surgeon to be a diversity hire and I expect that if he really gave it some thought, Professor Feldman doesn't either.
@Adam Jacobs No. Racism has lost its meaning anyway. but the issue in affirmative action -- in education, in government contracts, in business and hiring everywhere -- is that discrimination based on race is ... racial discrimination. Those of us who view "diversity" as a rebranding of quotas will be content if the court gets rid of that form of systemic racism.
Yes, a concerning possibility that took forever to achieve as written. Additionally, there is still the glass ceiling for women. In so many environments where a work community made up of mostly males can create a covert form of discrimination that withholds the information, experience or training required for inclusion or promotion actively targeting women at all levels. It's not just race, look at the other possible forms of discrimination-- when one falls, the others can easily follow. I have never had so little confidence in the SCOTUS -- the last brick is falling and the winds of change blow through the House of Justice with increasing frequency and political (and/or billionaire -- see Sen. Whitehorse's Big Scheme) forces!
This gentleman is trying to say but is being very careful of his choices of words I will say. The court is being very careful not to upset or offend white men who are only high school grads or even not even a gad by giving Black's their rights as citizens to be admitted to higher institutions of education when they ( as whites) may not have passed an entrance exam & are angry when they see not only Black's passing these exams, & excelling, but BROWNS, ASIANS ETC PROGRESSING ALSO. IT'S THE COURT KEEPING PEACE WITH UNDER ACHIEVING WHITE MALES
I don't think it's about the POC passing entrance exams and white people not passing. After all, if you don't pass the exam that's on you, not the college. Unless the college gives "special tests" to certain groups of people. Like how they give "athlete versions" of classes to keep athletes eligible for the "scholarships" they're given.
The thing I just do not hear these people talk about when they discuss what businesses can and can't do as far as serving customers is they keep fixating on it's serving certain types of customers but with this web designer it's more about what products they produce. I build software for people including websites and there are just some applications and websites I would never be willing to build but I don't really care who is asking for it it's a matter of what products and services they're asking for and I don't want to be forced to be providing software that helps people like white supremacists do bad things. But at the same time I'm not going to ask somebody what their political leanings are if they want to use the software I do like to build for the purpose it's built for.
Most have bias definition of rights, security orientation is choice, born sex and race is fixed . Relativism v multicultural ism also tricky as in Muslim polygamy. Or tradition and religion antigay
To whom our of Excellency, Honorable & Justice Here in sound estate of mind live in the present , presiding to attest a real world voice through the medium of the none real world virtual reality space that while not authentic and thus artificial, neverthless official enough to correlate the message to those in need of messaging. I a heir-ing from a rich fort port. From that portal I ask the question for the record and on the record. Is anybody out there? My common sense tells me yes, as a satellite can telescope atoms on far away galaxies as can a scientist of space describe the unknown as we’ve been entertained with such as dark matter or a black hole, completely mysterious and unknown yet clearly seen and defined here is wisdom from the dumb. I a self proclaimed dead poor righteous teacher of nobility entrapped in the sinful conditions plaguing lots in the United States & those even more importantly of which has been stolen from the original man and woman has been a lot thus bringing us to the American people suffering the same as before were climate change is nothing new when those that knew saw the sea levels rising cause they have eye’s to see from sea to shining sea and it’s to those old loving first original peoples of all continents I am and speak for not but rather a unique testimony that sounds similar but no one man or woman can represent for a class of people never educated in class but still of a class of the classics made before many had been made. Those Americans are present and are very much here and still here prior to all. Prior to what you read heard or might have thought. America is still here while invisible to some not invisible to all. Supreme is High up & Above others in Thought and Intelligence at the very least. With that being said my Supreme Court Judges could never wear black robes for that wouldn’t represent a clean pure high status of Supreme where your cleanliness is next to Godliness but rather a below dark devilish appearance status to deal with the fallen, taking on the characteristics of those your suppose to be above tells me a righteous Godly judge of transparency would never cloak themselves in a mask to give out sentences and opinions through a dirty lens of the Law, that to me is a Wal, that courts the lower subjects of the private public people of America like some defacto non Supreme values that plays ball on a racket court that is foreign to a born birth right of free sovereignty through my belly button connecting me to humanity and the human race that is of no class system or race for a truly American people truth court would stand up to judge others and for a more good unity of doing right as opposed to getting lost by making a wrong left America’s courts of truth should at very least be visible and present in the presence of presiding over any legation over the people by it’s peers, therefore a juror let alone a Judge wearing a garment that does not shine light on truth but rather conceals codes that can never be a authentic DeJure representation of the AI people of Aboriginal Indigenous but of a Artificial Intelligence that has no moral unlawful authority on any Law pertaining to the original people of the land that have been presumed to be all extinct, dead or no living while such a ignorance is apparent throughout the America. America is not under there jurisdiction of a foreigners opinion that play dress up in courts that our operating on land that the very land doesn’t recognise these pontifs of a unknown to the copper colored peoples & the gold and silver colored people of original tribes native to the soil even before being native, therefore the Law of America’s land is of common sense therefore it’s common for those emirst in a flooding or sinking of breath of life due to others plundering the land and giving out recommendations with authority and rendering the people of America in a steel box contaminated with dirty water, bats, codes to black for the average American to see placing the people of America and of the human race subject to a ungodly experience of experimental dead poor living conditions so injured, ill and sick that a truly transparent America would contract the country to Nation the rights of the original Nation people of a American Nationality with the respect love and dignity that honoring thy mother and father should reset the moral compass of even a vulture preying on the innocent in the name of Law. The Law that governs the American people should not govern the mind but rather Govern as divine Godly moral compass to the one race the human race were the presumed adults of Supremacy do not color with crayons in there courtrooms but rather relinquished their perceived authority to the real adults of America that as a good homemaker in service to family friends and God, sees fit to easily remedy those suffering themselves and others of sickness pain, loss of life thus making them a prisoner of a sick war. A truly Supreme Judge finds no complication in man made problems of humanity but ratifies all the complicated complex illness with the simple truth that isn’t complicated but more painful to express, especially when it doesn’t paint some parts of humanity in a terrestrial light but rather a extraterrestrial light that renders many to a stateless alien being of darkness that has been the route of Americas problems for to long. The Supreme Court of truth is cut of a cloth that see’s no legal issue non to mankind as unsolvable or of no constitution remedy of repair for if that was so than that court of truth is of no truth and certainly not Supreme, especially to the decendents & dominion that have been on the soil of the Earth and beyond since time & memorial. America and those in occupation of terrioties the time in space has arrived were loops and wars are no more niether the reich of propaganda can substain the lies of fatherly time, when the parents of all humanity and creation from before even time was kept are looking at us as a untaimed demonic war machine that does not honor there parents thy neighbor and certainly not God. Think no more just do right and quit the games of life that are no games to those suffering from moral and brain decay that has took to many in a sinful lust for more lies and a corruption that even to corruption is unsustainable to the very institutions that profit off the identity theft of the land air water and soul of those that came before us and are not dead but subjected to a non living status all the time while living working and building families together with the minds of the innocent oblivious to this concealed original sin of the Globe. Let’s repair restore and issue restitution of resources and land first only after all of us in private or public repent for partaking in this Evil empire of lies were even the shit fly can no longer fly with the flies. Just my recommendation and thoughts.since you love watching the watcher. Love to the people of America and the entire Globe that planets the Worldly Universal Principles that governs Natural Law that knows no creature willing to hurt God’s beautiful Earth as a reputation of Good let alone Earth. Still wanna visit the Wars of Mars with Arms. No cause it’s over and has been over. JL
Excellent!! Interview! I could listen to Prof Feldman all day😊
I bet "Feldman" would not be so "Affirmative Action" if he had to go to a substandrad law school or non at all because some "colored boy" got to go first. I waited 6 years to get on a big city Fire Dept. and then had to sue as they would only hire blacks and women who were substandard.
In fact, they didn't get around to discussing the truly big case on the docket this season: the North Carolina case that determines whether courts or state legislators have the last word on election laws and outcomes. This one is huge. One would hope the Supreme Court would back the courts, but who knows with this current bunch
Only 4 judges in US history have supported the Independent Legislature nonsense in the history of the US legal system.
Of course those 4 are Thomas, Gorsuch, Kavanaugh and Alito so
And to the other comment, you think giving highly gerrymandered minority parties the ability to just throw out any votes they don't like for no reason with no ability to challenge those decisions "isn't a big deal"? Look at Wisconsin. 55% of voters chose Democrats for state house seats but they only won 38% of the seats. That means that even if Wisconsin goes say 60% for Biden, the legislature, chosen by a minority of voters, can just decide to throw that election out and hand the votes to the opponent.
@Merican Modi I made zero comment about Race, because I'm commenting on Jerrymandering and the repercussions on the American electoral system of the possible Moore decision.
You are a right wing back, probably alt-right, as you use their switch topic tactics and dodge the real question responses, while disregarding evidence. It means no matter what logic is presented you'll find reasons, however tenuous, to dismiss it so as to preserve your world view. Which makes any discussion pointless because you are unwilling to honestly engage.
I was waiting for them to discuss that too.
I think they're hearing arguments starting to today on the NC case.
The best content with great discussion and viewpoints only has 200 likes yet nonsense and idiotic channels get thousands of likes. This is the world I live in. I am grateful for the people that keep us informed and share insightful information. This is what allows me to sleep at night.
Amanpour and Co. videos will be historical documents future generations will use to chart the destruction of the American democracy at the hands of the terrorist Republican regime.
Amanpour and Company is on PBS and I record it and watch it the next morning. She has such informative people on her show.
It’s the rough men on walls that allow your sleep.
@Adam Jacobs and you a fart breath
@Adam Jacobs is fatuous
Justice Roberts can complain about the public's perception of the Court all he likes, but the Court has done discredit to itself. There are some on the bench who are simply not qualified to be there, and the decision to essentially reverse a half-century's-old right, certainly gives the public reason to question the Court's legitimacy. In these religious liberty cases; I have to wonder if the same decisions would be reached, should the religion in question not be 'Christian'.
The Court became highly problematic with activist Justices legislating from the bench. Thankfully, it seems like the Supreme Court is finally doing its job of upholding the Constitution in its original spirit.
If everyone wants to live on the 19th century where slavery and women are considered chattels, you might, but nobody else does.
Who is unqualified to be there........the black woman put there solely because she is black..??? or only the ones who you dont like.
@@1999glock Interesting considering that of the last 3 justices added, the 'black woman' was the only one who was qualified.
@@changeshifter4852 You are comparing apples and oranges. The question was on of politisizing the court of which she could not be a louder statement. When you put someone on the court ONLY because you want a "black woman" that's politics. Anyone and everyone on the court is "qualified" by no other definition than senate confirmation. BTW, is that the one who could not define a woman ? I can, and Im not qualified to be on SCOTUS.
Wow! an intelligent interviewer asking intelligent questions of an intelligent interviewee and getting intelligent nuanced responses.
It’s a tragedy to see the Supreme Court politicized. Lost respect.
Please explain "politicized". The president has the right to appoint whomever he wants confirmed by the Senate. Kitanji Brown wasn't a political appointment ???
No. It is the opposite. It is being de-politicized. The Democrats politicized the SCOTUS by using it to "pass legislation" they cannot do in the Congress. The Constitution should be interpreted as written. Period.
Noah Feldman is falsely relying on the issue of diversity in college admissions. The core of the Harvard case is based on discrimination against ASIAN student. The issue is that so called "diverse classes" in which race is a factor in admissions discriminates against Asian students, a minority race that culturally stresses hard work and achievement. Feldman, get honest with us.
Feldman hits the nail on the head... Thought provoking interview...
If a web site says that it won't make web sites for things it doesn't believe then it is stating that it DOES believe in anything that it does publish. In that case it makes itself legally liable for the things it publishes. You can't have it both ways.
Yep I see this all the time. But we’re to complacent!
"No longer" is a violation of the most basic principles of our judicial system, either it is, or it isn't, pick one.
Religious liberty means Religious Privilege!
But there is indispensible value in offering an education to the entire variety of different kinds of persons that will provide the best experience operating in the diverse world we live in. How else or how better can students obtain this kind of education? The US and the world is diverse. You need to be proficient in certain facts and values - whether you believe in them or not - and you need to have the experiences that allow learners to function the best in and within our diversity. There is a larger world outside the US. Please let us prepare students to function in that world and understand that world in order to promote our values.
Well said Patricia!
The ONLY thing that should be considered is Scholastic grades and Admissions tests..nothing else.
You may not chose use using race. But you can not deny by race either. My point being choosing the same people that have been chosen before can not be denied.
Nice presentation of questions and answers from top people. I think what all this shows is that America, by its history, ideals and Constitution, has conflicting sometimes contradictory goals and aims. On the one hand, diversity and anti-discrimination; on the other free speech and religion and individuality. On the one hand morality and values, and on the other free and prosperous commerce. The job of a fair, neutral and detached Supreme Court, untethered to a fixed ideology, is to find smart, creative and principled ways to compromise these contradictions and wisely “split the baby in half.”
I have lost all respect for the Supreme Court! Thomas has to go! It is just a political branch of the government!
The pork issue isn't moral. It's a public health issue.
🐷
Climate change is public health. Don’t run good food though other animals, it’s wasteful.
Depends on how you view other non human animals. If one see all animals as sentient beings with emotions, then the discussion is a moral and ethical case.
@@leilakullar3327 yes, but the government really by law isn't into moral issues. That would be a YOU issue. I do wish my fellow Americans could comprehend basic civics.
@@LIVE-SAGT I am going to guess you are not animal lover. I really wish people cared about animals…sigh
*Religious fanatics within the supreme court are a huge problem. We need a constitutional amendment that puts religion where it belongs - at the same level as astrology, scientology and all other purely personal beliefs. Everyone has a right to believe anything they want to believe no matter how absurd, but absurd personal beliefs like religion should not get "special" protection and treatment under the law.*
Absolutely 💯% agree with you.
@Merican Modi That's absurd. Math can be tested. Any belief without evidence that cannot be tested is a purely personal belief. Can any assertion in religion be tested? Nope! Your christian bible says a person with a tiny bit of faith can move a mountain. *If all the christians in the world simultaneously prayed for their god to levitate a feather, would the feather move? Absolutely not.* Everyone knows deep down in their heart that religion is fake. Otherwise, why would christians be so afraid of death and cry so much when their loved one dies?
As a business that sells services (many of which are artists that sell goods based off their own artwork) it is tricky when things that might look like discrimination cme into play. As a human I want to say that these people referenced in this interview should NOT be able to discriminate but as an artist myself I still would like the right to say yes or no to a commission, the same as a website or a cake. I was a tattoo artist for many years and in that time I refused many pro-Nazi and anti-gay tattoos and I'm glad I did. I'm glad I had that freedom...but how is that any different that a cake or a website?
I'm an artist as well n find it hard to make things that are anti gay or Nazi oriented crud what do you do? 🤔
wait!... No discussion of Moore V. Harper? Or did they discuss it and I just haven't woken up yet this morning...
The rule of unintended consequences will be in full effect… as white students lose university seats to Asians who take education much more seriously. 👍🏽
Dumb response
And deservedly so.
Why are you acting like that's a bad thing? Those who are most passionate about education should be the ones who are rewarded. The current racist policies of affirmative action has been discriminating against Asians for far too long.
@@damiendiem -- I think you're making a false assumption. That our Racist Republican lawmakers are passing this law to benefit white students, they aren't thinking of the unintended consequences. :) Asians are generally docked a few points on their SAT to 'equalize' their scores, other races get a boost, like black students. Removing the race will end this, and benefit Asian students, which is NOT their intended goal. I find this amusing, and I never ever said and would never say that it was a bad thing.
This country is spinning out of control
Spun out.
Sure is, that imaginary sky daddy is taking over.
And the left wing socialists are doing it !!!!!!!!!!!!!!
Why if you do not accept funds from the Government- other peoples taxes, wouldn't it be right to allow private businesses to exercise their religious beliefs via their business? Couldn't people just not give money to those businesses? Therefore limiting their profit?
The case about California is much more important than its being described here. California’s air resources board is a major regulator setting environmental standards across the country. The case isn’t about pork it’s about weakening the power of California and Democrats specifically to regulate outside Congress. This challenges the autonomy of the states and their ability to be laboratories of policy experimentation.
Which is silly because if companies don't want to follow california regulations they can just not sell things there. If it is on a moral ground then stand your ground, if it is on a cost saving ground then they will have to make exceptions in order to keep supply up anyway.
Religion and race are two different categories. While race is an artificial, social category, people are still born into a race and an ethnicity. Religion may be a matter of choice, a path that people can and do elect.
However, for Christians to refuse to provide a service to people because of race, religion, sexual preference is to violate the basic teachings of Christianity.
I don’t eat pork or veal anymore. Pigs are in pens w/concrete floors, so small they can’t even turn around. Baby calf are locked in boxes so they can’t move, so the meat is tender.
Noah, how about diverse viewpoints at Harvard. since conservatives are not in the faculty
Good interview. Showed both sides. And in the end, he's right. If you grant rights on both sides, you seem more legitimate. Problem is that besides Roberts and maybe Kavanaugh, conservatives vote with each other 95% of the time and so do the liberals.
Great discussion
Because corporations are “people” then rulings that are fitting for a business run by one person or a family concerning their freedom of speech, unfortunately this ruling would logically transfer to these huge corporations. Declaring corporations as “people” is a gigantic mistake imo.
I’m starting to think that religion is a story that has been interpreted by so many people for their own agenda. religion has no place in government. Government is a fact based establishment to maintain the rights for everyone
Then you should be an Advocate for American children to LEARN and learn to be able to make a judgement Critically. Obviously you haven’t.
#JusticeGinsburgFairShareOfCloselyWatchedCases #AriMelberBobWeirAnnCoulter2020
Not accusing anyone of cultural Marxism, but you CANNOT pressure, compel, or trick an individual into adopting unfamiliar cultural practices. You will frighten that person into becoming racist.
Thank you for an interesting interview!!
We all know that even if Bakke v Regents is overturned and race can play no factor that Asian students will still be discriminated against
☝️
I like his look but we need more more from his peer review on all of the agenda on the courts
I object to the government regulating race or nationality. When I worked at EDD in the 70's we found French bakers and sheepherders from France and Spain respectively. I was sure at the time an American could have been trained to do thes e jobs. Then I remember the 80s with employee amnesty. Horse race tracks could bring in ferriers, trainers, from foreign countries also. Their paperwork was expedited and past work without proper documents was disregarded. Side note...notice that these various trades' results are enjoyed by prosperous Americans!
It seems odd that if diversity is so important, that we don't get rid of the "over-representation" of blacks in the NFL and NBA, and force teams to hire more Jews and Asians. We don't do that because we think the best should be chosen. So when it comes to lawyers and doctors and computer programmers and nurses and others, why do we want less than the best? To suggest they do not give "points" for skin color (a/k/a "diversity") belies the absolute fact that blacks are given over 250 SAT points in admissions.
"Diversity" is a branding move that was designed to make it easier for blacks to get into schools they could never get into on the merits.
It would be interesting to see the make up of the student body of higher learning institutions in the US if admissions had no access to information regarding race, gender, religious affiliation, or even the address of applicants. Add to that a prohibition against all of the various ways that rich people get their under qualified children accepted by colleges and universities. My guess is that the result would be that white students would make up a much smaller percentage of the student body, and the right would end up constantly going on about the good old days when all they had to deal with is a pesky, woke equal rights mentality. I would also would expect to see a major increase in the percentage of students that are from foreign countries, if students are accepted only based on their abilities, prior performance and achievements during their education thus far.
I base the idea that the composition of the student bodies would no longer favor natural born Americans on the much higher quality of education of other countries, and the appallingly low bar we have set in the US for K-12 education. My expectation of a significant drop in the percentage of the student body of that are wealthy, Anglo-Saxon Americans in particular is based on the fact that even though many non Anglo people are born on US soil, a cultural tendency of some ethnic groups, which include families that been in the US for two or more generations, towards a greater dedication to achieve more than just enough rudimentary knowledge to squeak by gives them the advantage over the entitled Anglo-Saxon set.
Push back all you want to. But facts are facts. Americans have made the "enough to squeak by standard" the norm. And it's showing. Since that is the case, and since an anonymous college application process will never be a thing, I think that we will see a reduction in the numbers of foreign students attending American universities, because the cost of higher education in the US, which is astronomical compared to other countries, along with the glaringly obvious inferior "product" that our educational institutions (including our Ivy League universities) is going to result in the development of a very polar opposite view of higher education in America to the view that this country has enjoyed for the better part of our nation's history.
Except, perhaps, the progeny of fascist dictators. They may look at the quality of politicians and members of the previous administration that our ivy league universities are producing, such as DeSantis, Cruz, Cotton, Hawley, Bannon, Pompeo, Mnuchin, McEnany, Stefanik, Kushner, etc, etc, and decide that a US Ivy League college is the perfect place for next generation of leaders to get their education. I hate to think of the American institutions of higher learning as being the education Mecca for budding young future fascist, authoritarian dictators. But unfortunately it's a shoe that fits.
WoW 😳 give it ...
I see 🙈 you find that all so- called whites are anglo Saxons . Guess what we are not. I'm a decendent of native American and other people so look closer next time we all do not look alike
Peace to you , 💓
@@debbielwilham5603
Sorry that I wasn't clear in expressing my views. I was focusing on people with "Anglo-Saxon ideals" (which is whitewashed terminology for white supremacist ideals that people like Margarine Traitor Greed like to use in place of "my white supremacy ideals", while promoting said ideals, not about all white people...I'm 3/4 Irish and 1/4 British myself). In other words, I'm saying that I'd be interested in how the people who demonize Affirmative Action as reverse racism would be affected by a totally blind admission process. And people who can, under the current system, use their wealth to purchase their childs acceptance by such things as making major donations to the institution, arranging for research grants for the institution through their connections or simply by their ability to hire tutors and coaches that low income families cannot afford? (Remember the big Hollywood scandal where famous people were busted for cheating their kids way into some of the better colleges?) Both are groups that tend to raise their children to believe that they do not need to earn their place, but rather are entitled to a place regardless of their abilities and work ethic, based on my own observations in various professional positions. Would it leave them with lower admissions per Capita of their demographic? Or would they significantly dominate the population of the student body? I feel confident that I know the answer. But I don't have definitive proof. Just a lot of anecdotal evidence from local families and institutions.
I like the Halloween spider over prof. Feldman's shoulder... Oh. It's a plant 😊
"Christian Values"
Jesus associated with and defended prostitutes,thieves and tax collectors ( at the time viewed even lower ) .
I suspect if He came upon an outed LBGTQ person, He would have challenged the gathering crowd to let
the sinless person cast the first stone, and after the crowd dispersed, bid him well.
True I have mixed parables.... But is this not in character of the stories recorded about Him?
The made up book by a bunch of men, who cares WTF it says.
Wow
Yes, Noah was so articulate and on point. A very very well informed legal expert.
14:58 The problem with this argument is that a business with sole proprietor and a large corporation with thousands of employees are, legally speaking, the same thing. It is only a matter of zeroes at the end of the income statement. The moment you put out the welcome mat as a business - a public business - you shouldn't have (by default) all of the same free speech protections that a private citizen does. By being an entity that only exists in the public sphere, a business has an obligation to abide by anti-discriminatory laws and protections. A business does not have firmly held religious beliefs, people do.
The first and obvious argument they will use is that since the business is so small, there is no distinction between the two. I wonder if that would be their argument if the business had to file bankruptcy and the court decided to attach the business owner's home/autos/jewelry as an asset to be used to satisfy outstanding debt. I am guessing they would be quick to make a clear distinction between themselves and their business. Can't have it both ways.
The other argument is that the business is a legal entity that has the 1st Amendment right to free speech and exercise of religion. This strikes at the core of the problem with current jurisprudence: the belief that corporations are (legally) people. They can certainly be extended certain rights (the ability to own things, the ability to sign and enforce contracts, etc.), but they shouldn't default to having all of the same rights as a human being.
Religion is a weapon. Has always been a weapon.
I quit playing golf because it hurt way too much to play it
In UC v Bakke the University of California at Davis had a strict quota system which allowed white applicants to compete for 84 seats. That left 16 seats reserved for racial minorities. The court held that UCD violated the equal protection clause and the civil rights act of 1964. UCD had denied Bakke admission to medical school solely on basis of race. Bakke did not embrace the idea of diversity. Professor Feldman is using the diversity argument (a 21st century construct) to obfuscate the question before the court today. That is, should the admission process be based on merit or skin color, race, sexual orientation.... I for one, don't want my next surgeon to be a diversity hire and I expect that if he really gave it some thought, Professor Feldman doesn't either.
--convervative-- radical
Just include photos on college admissions applications
I would take his class.
When you reverse activism, is it activism?
@Adam Jacobs No. Racism has lost its meaning anyway. but the issue in affirmative action -- in education, in government contracts, in business and hiring everywhere -- is that discrimination based on race is ... racial discrimination. Those of us who view "diversity" as a rebranding of quotas will be content if the court gets rid of that form of systemic racism.
The same undercutting is undermining ancillary medicine
No
I wonder if they will take on ADA lawsuits.
Yes, a concerning possibility that took forever to achieve as written. Additionally, there is still the glass ceiling for women. In so many environments where a work community made up of mostly males can create a covert form of discrimination that withholds the information, experience or training required for inclusion or promotion actively targeting women at all levels. It's not just race, look at the other possible forms of discrimination-- when one falls, the others can easily follow.
I have never had so little confidence in the SCOTUS -- the last brick is falling and the winds of change blow through the House of Justice with increasing frequency and political (and/or billionaire -- see Sen. Whitehorse's Big Scheme) forces!
This gentleman is trying to say but is being very careful of his choices of words I will say. The court is being very careful not to upset or offend white men who are only high school grads or even not even a gad by giving Black's their rights as citizens to be admitted to higher institutions of education when they ( as whites) may not have passed an entrance exam & are angry when they see not only Black's passing these exams, & excelling, but BROWNS, ASIANS ETC PROGRESSING ALSO.
IT'S THE COURT KEEPING PEACE WITH UNDER ACHIEVING WHITE MALES
I don't think it's about the POC passing entrance exams and white people not passing. After all, if you don't pass the exam that's on you, not the college. Unless the college gives "special tests" to certain groups of people. Like how they give "athlete versions" of classes to keep athletes eligible for the "scholarships" they're given.
Bad legal arguments should fall. Precedent or not.
All are equal, people that should be the law and that is it . What are they doing 🤔. Fighting for Racism is ignorance!!
The thing I just do not hear these people talk about when they discuss what businesses can and can't do as far as serving customers is they keep fixating on it's serving certain types of customers but with this web designer it's more about what products they produce. I build software for people including websites and there are just some applications and websites I would never be willing to build but I don't really care who is asking for it it's a matter of what products and services they're asking for and I don't want to be forced to be providing software that helps people like white supremacists do bad things. But at the same time I'm not going to ask somebody what their political leanings are if they want to use the software I do like to build for the purpose it's built for.
P
Two white men talking about affirmative action…
Lol
So pork producers don't sell to California.
Most have bias definition of rights, security orientation is choice, born sex and race is fixed . Relativism v multicultural ism also tricky as in Muslim polygamy. Or tradition and religion antigay
😊
Thanks! Your vote for Donald Trump is working fine
Don't tell me he's got a fucking book
Every aspect of human life has been targetted...at least since Red Square came to Pittsburgh
Supreme ? no longer in my book.
So people have to get in on their merit,not on their race and ethnicity. Wow,what a novel concept
So, could a kosher foods maker be forced to buy food that isn’t kosher?
To whom our of Excellency, Honorable & Justice
Here in sound estate of mind live in the present , presiding to attest a real world voice through the medium of the none real world virtual reality space that while not authentic and thus artificial, neverthless official enough to correlate the message to those in need of messaging.
I a heir-ing from a rich fort port. From that portal I ask the question for the record and on the record. Is anybody out there? My common sense tells me yes, as a satellite can telescope atoms on far away galaxies as can a scientist of space describe the unknown as we’ve been entertained with such as dark matter or a black hole, completely mysterious and unknown yet clearly seen and defined here is wisdom from the dumb. I a self proclaimed dead poor righteous teacher of nobility entrapped in the sinful conditions plaguing lots in the United States & those even more importantly of which has been stolen from the original man and woman has been a lot thus bringing us to the American people suffering the same as before were climate change is nothing new when those that knew saw the sea levels rising cause they have eye’s to see from sea to shining sea and it’s to those old loving first original peoples of all continents I am and speak for not but rather a unique testimony that sounds similar but no one man or woman can represent for a class of people never educated in class but still of a class of the classics made before many had been made. Those Americans are present and are very much here and still here prior to all. Prior to what you read heard or might have thought. America is still here while invisible to some not invisible to all.
Supreme is High up & Above others in Thought and Intelligence at the very least. With that being said my Supreme Court Judges could never wear black robes for that wouldn’t represent a clean pure high status of Supreme where your cleanliness is next to Godliness but rather a below dark devilish appearance status to deal with the fallen, taking on the characteristics of those your suppose to be above tells me a righteous Godly judge of transparency would never cloak themselves in a mask to give out sentences and opinions through a dirty lens of the Law, that to me is a Wal, that courts the lower subjects of the private public people of America like some defacto non Supreme values that plays ball on a racket court that is foreign to a born birth right of free sovereignty through my belly button connecting me to humanity and the human race that is of no class system or race for a truly American people truth court would stand up to judge others and for a more good unity of doing right as opposed to getting lost by making a wrong left America’s courts of truth should at very least be visible and present in the presence of presiding over any legation over the people by it’s peers, therefore a juror let alone a Judge wearing a garment that does not shine light on truth but rather conceals codes that can never be a authentic DeJure representation of the AI people of Aboriginal Indigenous but of a Artificial Intelligence that has no moral unlawful authority on any Law pertaining to the original people of the land that have been presumed to be all extinct, dead or no living while such a ignorance is apparent throughout the America. America is not under there jurisdiction of a foreigners opinion that play dress up in courts that our operating on land that the very land doesn’t recognise these pontifs of a unknown to the copper colored peoples & the gold and silver colored people of original tribes native to the soil even before being native, therefore the Law of America’s land is of common sense therefore it’s common for those emirst in a flooding or sinking of breath of life due to others plundering the land and giving out recommendations with authority and rendering the people of America in a steel box contaminated with dirty water, bats, codes to black for the average American to see placing the people of America and of the human race subject to a ungodly experience of experimental dead poor living conditions so injured, ill and sick that a truly transparent America would contract the country to Nation the rights of the original Nation people of a American Nationality with the respect love and dignity that honoring thy mother and father should reset the moral compass of even a vulture preying on the innocent in the name of Law.
The Law that governs the American people should not govern the mind but rather Govern as divine Godly moral compass to the one race the human race were the presumed adults of Supremacy do not color with crayons in there courtrooms but rather relinquished their perceived authority to the real adults of America that as a good homemaker in service to family friends and God, sees fit to easily remedy those suffering themselves and others of sickness pain, loss of life thus making them a prisoner of a sick war. A truly Supreme Judge finds no complication in man made problems of humanity but ratifies all the complicated complex illness with the simple truth that isn’t complicated but more painful to express, especially when it doesn’t paint some parts of humanity in a terrestrial light but rather a extraterrestrial light that renders many to a stateless alien being of darkness that has been the route of Americas problems for to long. The Supreme Court of truth is cut of a cloth that see’s no legal issue non to mankind as unsolvable or of no constitution remedy of repair for if that was so than that court of truth is of no truth and certainly not Supreme, especially to the decendents & dominion that have been on the soil of the Earth and beyond since time & memorial. America and those in occupation of terrioties the time in space has arrived were loops and wars are no more niether the reich of propaganda can substain the lies of fatherly time, when the parents of all humanity and creation from before even time was kept are looking at us as a untaimed demonic war machine that does not honor there parents thy neighbor and certainly not God. Think no more just do right and quit the games of life that are no games to those suffering from moral and brain decay that has took to many in a sinful lust for more lies and a corruption that even to corruption is unsustainable to the very institutions that profit off the identity theft of the land air water and soul of those that came before us and are not dead but subjected to a non living status all the time while living working and building families together with the minds of the innocent oblivious to this concealed original sin of the Globe. Let’s repair restore and issue restitution of resources and land first only after all of us in private or public repent for partaking in this Evil empire of lies were even the shit fly can no longer fly with the flies.
Just my recommendation and thoughts.since you love watching the watcher. Love to the people of America and the entire Globe that planets the Worldly Universal Principles that governs Natural Law that knows no creature willing to hurt God’s beautiful Earth as a reputation of Good let alone Earth. Still wanna visit the Wars of Mars with Arms. No cause it’s over and has been over.
JL
@ 2.40 is background more important than being human?