Podcast: The 3WHH on Affirmative Action Game Day at the Supreme Court

On Monday the Supreme Court takes up the Harvard and University of North Carolina affirmative action cases in what is the Super Bowl of civil rights litigation—arguably the biggest moment for the Court since Brown v. Board of Education. Naturally that is the focus of this episode, though we do briefly review a couple of the key news stories of the week, such as Fetterman’s collapse, the early spin on the deeply strange Paul Pelosi story, the growing confirmation of the COVID lab leak hypothesis, and the left’s angst over Elon Musk’s takeover of Twitter.

But the key story of the week is the bad news for John Yoo—McDonald’s announcement of a “farewell tour” for his beloved McRibb, after which McDonald’s stock soared by more than 10 percent, indicating that Wall Street does not think much of John’s culinary choices.

We then preview a couple of the key issues we hope are confronted directly in the oral argument, including the proper understanding of the 14th Amendment, the flaws in the “diversity” rationale in the dubious Bakke case from 1978, as well as some observations about the way this case has been shaping up in the pre-game period.

We are hoping to be back with a special mid-week episode with observations about how the oral argument went.

You know what do to now: listen here, or exercise your affirmative right to admit yourself to the exclusive club of our hosts at Ricochet.

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