less advanced school, a less -- a slower track school where they do well. one of the briefs pointed out that most of the black scientists in this country don't come from schools like the university of texas. they come from lesser schools where they do not feel that they're bishop pushed ahead in classes that are too fast for them. so i'm just not impressed by the fact that the university of texas may have fewer. maybe it ought to have fewer. joining us for more on those remarks, senior legal analyst jeffrey toobin, the president of jew dish warble, and "washington post" columnist in clinton yates. jeff, i want to start with you. to give us more context on this so-called mismatch theory justice scalia is referring to but also the argument we've been hearing is that he was putting that theory out there as opposed to advocating for that theory.