act, the statement from justice roberts that essentially hey, discrimination is over. you don't have to worry about that anymore. and this notion from justice scalia of racial entitlements. when you combine that with this judgment, which essentially says the majority can decide whether or not the minority in its midst can have the protection of affirmative action law, what is the message being sent to african-americans and other minorities by this court? >> that's been the problem all along. that's why so many of these cases are losing. instead of following the appropriate predicates, bringing forward prosecutions for voting rights discrimination, bringing forth plaintiffs who said i wasn't allowed in, we have created institutional racism. no federal court has ever accepted that. left, right, middle. >> we're out of time. >> is the idea of racial discrimination is chimera? >> it's very real. find me the academic study, find