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Watch the Dean of Berkeley Law School admit to illegal affirmative action

Screenshot of video posted by Christopher Rufo

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.

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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:

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:

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There’s not enough popcorn in the world:

One person tried to gaslight about it:

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Except he explicitly states that he knows that this is happening at Berkeley and he is participating in covering the evidence up.

To tell the truth, that was our first reaction: Laughter.

Sarcasm phasers set to stunning.

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Probably true, at least for a while.

We can’t say he’s definitely wrong.

***

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