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And what i think our constitution, quite frankly, commands is equal treatment for all individuals, that the government should not be picking who winners will be and who the losers will be based on race or for that matter gender. >> okay. in a 2007 case, another case which still stands, chief justice roberts wrote this. "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race." ms. driver, what's wrong with that? >> i think that there's a false premise that there isn't racism many america anymore and that there isn't inequality, and what is so profound...

Like do you come from a poor school? are you the first kid in your family to go to college? they've done that? some of the states where it's banned like california, and they have found that in the majority of schools, that percentage of hispanics and african-americans has actually gone up. is that another way to solve this problem? >> it isn't because race and socio-economics is not the same. this is a racist decision that takes us back to an era of states rights where white majorities can disenfranchise minority communities and not now prevent us from getting higher education. this decision c...

>> and this decision not only allowed for the segregation of schools in michigan and california and other places, but it restructured the political process, and now any other group in the state of michigan, alumni, donors, anyone who wants a hang in the admissions system to favor the chances of their sons and daughters getting in can go to the michigan regents and lobby them. black, latino, and native american. if we want a change, we have to get a state constitutional amendment passed. >> i want to pick up on that because that was precisely the point in her long disent that justice sotomeyor ...

Like do you come from a poor school? are you the first kid in your family to go to college? they've done that? some of the states where it's banned like california, and they have found that in the majority of schools, that percentage of hispanics and african-americans has actually gone up. is that another way to solve this problem? >> it isn't because race and socio-economics is not the same. this is a racist decision that takes us back to an era of states rights where white majorities can disenfranchise minority communities and not now prevent us from getting higher education. this decision c...

>> and this decision not only allowed for the segregation of schools in michigan and california and other places, but it restructured the political process, and now any other group in the state of michigan, alumni, donors, anyone who wants a hang in the admissions system to favor the chances of their sons and daughters getting in can go to the michigan regents and lobby them. black, latino, and native american. if we want a change, we have to get a state constitutional amendment passed. >> i want to pick up on that because that was precisely the point in her long disent that justice sotomeyor ...