requisitions to all black schools. it should be like the scalias and the thomases on the court if they really cleve to this originalist theory of the constitution who actually uphold affirmative action and say, no it would be judicial activism to step in. there is an empirical problem but also a constitutional problem. >> as an empirical matter, if your listening want to google richard sander pope sinner, he does a very good job of marshalling the state of play with respect to empirical evidence. there is something very much to this mismatch problem. and again, it's just common sense that if you have students who have significantly lower academic qualifications than the rest of the student body, there is going to be a problem with them -- >> i got to say, roger, i've been a college professor for going on 15 years now.