Today, the Supreme Court struck down Harvard and Carolina’s affirmative action programs in Students for Fair Admissions, Inc. v. Harvard College, and did so using reasoning that seems to have pretty much ended most affirmative action programs (and least in college admissions). We did a deep dive into the decision earlier today, and later talked about how it reflects a lack of deference by the Supreme Court to educational institutions.
However, in California, the consideration of race—including affirmative action—was already illegal, at least for state institutions. It had been illegal since 1996, under what is commonly known as Proposition 209. So, in theory for state schools, nothing is going to change.
But instead, Erwin Chemerinsky, the current Dean of Berkley Law School just got exposed for ducking around that law:
EXCLUSIVE: Berkeley Law School dean Erwin Chemerinsky explains how he has secretly enacted a policy of racial discrimination in faculty hiring—which is illegal in California.
— Christopher F. Rufo ⚔️ (@realchrisrufo) June 29, 2023
"If I'm ever deposed, I'm going to deny I said this to you." pic.twitter.com/GYgtNZfhtb
Really, why did he think no one would record this?
That being said, California appears to be a two-party state for recordings. But the statute has an exception for when the communication is made at a public gathering or ‘any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.’ Furthermore, many legal scholars have argued there is a right to film public officials under the First Amendment. The point is there might be a fight about the admissibility of this evidence, but we feel confident that Chemerinsky would lose that fight.
And, yes, Rufo is contemplating lawsuits:
Recommended
This man must be sued, deposed, fired, and sent into retirement. He's a virulent, proud racist—and an enemy of equality.
— Christopher F. Rufo ⚔️ (@realchrisrufo) June 29, 2023
If you've recently applied to Berkeley Law as faculty and received a rejection, which you suspect might have involved discrimination, send me an email at [email protected]. I will connect you with public interest lawyers who might want to sue.
— Christopher F. Rufo ⚔️ (@realchrisrufo) June 29, 2023
There’s not enough popcorn in the world:
🚨If you have applied for a position at @BerkeleyLaw please contact us at https://t.co/EbmV3dfcDg. We want to hear from you! https://t.co/T5BDI3N1Ma
— America First Legal (@America1stLegal) June 29, 2023
What Dean Chemerinsky reveals here in the most glaring way is the lack of diversity--viewpoint diversity--on his faculty. He can say to them what he reports saying to them when they are violating the law, *only* because he can count on them to share his ideological commitments. https://t.co/YvPlgyxBit
— Robert P. George🇻🇦🇺🇸🪕 (@McCormickProf) June 30, 2023
Interesting he says it’s harder to do in admissions because there are statistical measures. But yes, sue him over faculty hiring!
— Richard Hanania (@RichardHanania) June 29, 2023
One person tried to gaslight about it:
That video doesn’t say what you claim it says.
— Yesh Ginsburg (@yesh222) June 29, 2023
He’s taking it for granted that people do it. He says he’s telling them that if that’s part of their hiring thought process, don’t ever say it out loud. Very different than having an “official” secret policy.
Except he explicitly states that he knows that this is happening at Berkeley and he is participating in covering the evidence up.
This is the exact mirror image of the famous Lee Atwater interview. "You can think it, but don't say it."
— Dan McLaughlin (@baseballcrank) June 29, 2023
Also, it's not great that prominent figures in American political life still haven't figured out DON'T ADMIT OUT LOUD TO BREAKING THE LAW WHEN IT MIGHT BE ON TAPE. https://t.co/X35rPgX90r
I believe this is the “leading First Amendment scholar” who recorded a lecture for Stanford Law School students as part of the mandatory programming they were supposed to complete after the Judge Duncan shout down. https://t.co/NdP3cQKLVe
— Steve McGuire (@sfmcguire79) June 29, 2023
i'm LOLing like crazy https://t.co/DIo2UYXYuR
— Razib 🥥 Khan 🧬 📘✍️📱 (@razibkhan) June 29, 2023
To tell the truth, that was our first reaction: Laughter.
This over 50, white male professor can do a great service to the black community by stepping down and giving his job to a black person
— Josh Power 🇺🇸 (@JoshPower80) June 29, 2023
C'mon man, lead from the front
Sarcasm phasers set to stunning.
This is done everywhere, in academia and in the woke-corporations today, and will continue, regardless of the SCOTUS decision on affirmative action.
— Cornel Nemes (@irondog70) June 29, 2023
Probably true, at least for a while.
"Why is he confessing?
— illiquidity providoooor (@skyquake_1) June 30, 2023
He's not confessing, he's bragging."
- DoJ opening statement. State v @functi0nZer0 23 N.J. 132 (2023) https://t.co/iG3z2T0Xg6 pic.twitter.com/u66RzgSodx
We can’t say he’s definitely wrong.
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