Opening Arguments

Today's show is a deep dive into the current Constitutional status of affirmative action in higher education. We begin, however, with a question about Donald Trump from conservative listener Sage Scott.  Is it really a big deal to just listen to the Russians?  Couldn't you just pay them if their stuff turns out to be useful?  No.  The answer is no. In the main segment, the guys outline the current state of the law of affirmative action in higher education as set forth in Fisher v. University of Texas-Austin, 136 S.Ct. 1398 (2016) ("Fisher II"), and what that means in light of the Trump Administration's recent comments that it plans to focus DOJ resources on challenging college admission programs that (supposedly) disadvantage white people. Next, in a follow-up to the John Oliver defamation lawsuit we discussed in Episode 84, "Closed Arguments" returns with a dissection of the best legal brief ever written, an amicus curiae brief filed by Jamie Lynn Crofts of the ACLU of West Virginia in support of Oliver.