i thought it was excellent. and he may be right. i haven t seen it yet. i ve been hearing about it, hearing about these closed door meetings and i don t like that. that wasn t the deal i made. i signed a pledge, but the pledge was a double deal. it was supposed to be honorable. so we re going to find out if it s that way, they re going to have problems. but i hope it s not going to be that way. i hope it s not going to be that way. during oral arguments at the supreme court this week, justice scalia raised the issue of whether it might be better for some african-american students to go to a, quote, slower track school where they do well, unquote, as opposed to a more elite college. now, you have said that you re fine with affirmative action, though it is coming to a time where maybe we don t need it. what did you think of scalia s remarks and where are you today on affirmative action? i thought that his remarks were very tough. i don t comment on them. you know, he s a respected su
scalia s comments came in a case challenging policies at the university of texas. abigail fisher, a white woman, is suing the school saying she was denied admission based on her race. here is what scalia said. there are those who contend that it does not benefit african-americans to get them into the university of texas where they do not do well, as opposed to having them go to a less advanced school, a slower track school where they do well. one of the briefs pointed out that most of the black scientists in this country don t come from schools like the university of texas. reporter: he was most likely referring to a theory called mismatch. it suggests that racial preferences do more harm than good. it s been heavily criticized by
as opposed to having them go to a less advanced school, a slower track school where they do well. one of the briefs pointed out that most of the black scientists in this country don t come from schools like the university of texas. this court from lesser schools where they do not feel that they re being pushed ahead in classes that are too fast for them. this court i m not impressed by the fact that the university of texas may have fewer, maybe it ought to have fewer. we have with us one of the authors of the book mismatch. who also wrote one of the briefs for the court. ucla professor richard sander and someone who says she benefitted from affirmative action. civil rights attorney ariva martin. did he do right by your theory? he oversimplified it allot.
less advanced school, a less a slower track school where they do well. one of the briefs pointed out that most of the black scientists in this country don t come from schools like the university of texas. they come from lesser schools where they do not feel that they re bishop pushed ahead in classes that are too fast for them. so i m just not impressed by the fact that the university of texas may have fewer. maybe it ought to have fewer. joining us for more on those remarks, senior legal analyst jeffrey toobin, the president of jew dish warble, and washington post columnist in clinton yates. jeff, i want to start with you. to give us more context on this so-called mismatch theory justice scalia is referring to but also the argument we ve been hearing is that he was putting that theory out there as opposed to advocating for that theory.
the bottom of the hour, i m brooke baldwin. quote, deeply disturbing, insulting and racist. those are some words used to describe comments by u.s. supreme court justice antonin scalia. we just got these audio tapes here of what he said during oral argument in an affirmative action case this week. a little bit of the back story. a woman sued the university of texas after she was denied admission. she said the university s policy of favoring some minority students was unconstitutional and justice scalia seemed to agree. here you go. there are those who contend that it does not benefit african-americans to get them into the university of texas where they do not do well, as opposed to having them going to a less advanced school, a slower track school where they do well. one of the briefs pointed out