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Race, it typically gets very strict scrutiny which is not th kind of stuff that will hold up over the long run in courts. that is discrimination to make up for past discrimination and it's a big no-no with the federal courts. i think this case actually has legs. >> we shall see. jim, thank you very much. we always appreciate your time. >> thanks. cf. >> new guidelines may wind up keeping police from being able to arrest the suspect even if they witnessed the crime that i according to a new report from the one and only he's got some wesco stories enjoins us live next. e to call me mom. at north...

Turned away from life-saving treatment because of their race or any demographic identifier. the policy is clear there, in new york that minorities, racia minorities are going to be give preference at least that's what the lawsuit alleges. >> look, the commission is created a smoking gun in favor of this professional from cornell it's early in the litigation, he's he seeking a declaratory judge's judgment al these things take some time to kind of grow roots within the judicial system, but the smokin gun here is that the commission that is now talking about everybody's going to get treate there ...