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Conservative wing, what does it tell you about the understanding of affirmative action and how they would likely rule? >> really remark pbl. >> yeah. >> it tells me a lot about their hostility. this concept has grounded the court's allowance of programs that are somewhat race conscience in universities for 45 years, it has been repeated four times and 5-4 opinions thomas has always dissented on. thomas is old school, and he's like what are the educational benefits? of course, the court in upholding affirmative action programs has been looking with a much broader lens towards the affects not on...

Whose parents or grandparents have gone to a university and that that is factored in but not an african american student whose ancestors may have left out or barred from a university. >> she makes a good point on that one. thank you very much. it is a big day there. joining me right now is co-host of the sisters in law podcast and msnbc political analyst, kimberly, welcome. three of the more senior conservatives chief justice john roberts and justices clarence thomas and samuel alito. they have previously dissented when the court upheld affirmative action programs and they're joined now by t...

Of diversity in a narrowly tailored way. nine states currently banned the use of rates in the public university process including california. the university of california systems say when a state ban went into effect the proportion of black and latino freshman at ucla drops by roughly half. >> it would be a very, very sad day in history. this is the way forward not the way they are proposing to take us. eliminating 1000 african-american hispanics from the harvard campus. >> 2003 supreme court precedent which have held narrowly tailored and brace affirmative action programs as long as schools d...

You what impacts or how do you anticipate the court ruling? and also, if you can, because the newest justice, justice ketanji brown jackson, is recusing herself from the harvard case. talk us through. that >> i can tell you how the court should rule. the supreme court has upheld affirmative action programs and higher education for four decades. based on the law, based on precedent, based on the facts here, there's no question that the courts should uphold these programs. but we don't have the same court we had just a few years ago, that upheld affirmative action and higher education. we now ha...

We are also, today, starting a new supreme court session, with a court that has never had a lower level of respect for the american people, in the entire time the pollsters have been asking the american people about their level of respect for the court. with the new conservative super majority on the supreme court, they are reaching way out this term, way out of their way to take cases that are expected to serve as a vehicle for them to let state legislatures change election results. to get rid of affirmative action programs in education. to get rid of antidiscrimination civil rights lives and...