but these mediocrities. these complete mediocrities whining about this. these legacy cases. the argument is pretty transparent. they believe that white people are the best. supreme, you might even say, and that meritocracy means choosing white people and if you're not choosing overwhelmingly white people than you are engaged in quote, affirmative action. that's the argument. and the irony here is that is also the argument the conservative supreme court is almost certainly going to make this year. they're almost certainly going to strike down race based admission at higher education across the country. agreeing with precisely the same braindead meritocracy argument on view on cable news. i'm joined now by elie mystal, the justice correspondent for the nation. his latest piece is titled the many remarkable black women who could replace stephen breyer.