particularly the leadership of this country is hanging in the balance with this case. >> and seems like smome of the justice has no memory at all or had no thoughts that there's anything relevant about past discrimination. that the portion of affirmative action that's directed toward rectifying past discrimination. >> well, really the standard now is that universities can use race in a limited way to achieve diversity. it's not remedial any longer. we lost that battle in university versus bach i-back in 19 p 78. but four times since then the supreme court said it is perfectly constitutional to use race in a limited fashion to achieve diversity goals. and those diversity goals benefit black students, latino students, asian students, white students and benefits the country at large. that's why you have -- >> what did scalia say about the affirmative action for football players? >> precious little. >> yeah. >> precious little. >> that's the part they can't