Opinion | While We Wait for the Supreme Court to Make Up Its Mind …


Bret Stephens: Gail, I hope your summer is off to a great start. We’re in the season of Supreme Court decisions, waiting any day for the Harvard and U.N.C. ruling to come down. Assuming the court overturns affirmative action for private and public universities, and maybe beyond that, what do you think the effect will be?

Gail Collins: Bret, I guess we’ll have to see the how and the why of the much-dreaded decision before it’s possible to tell.

Bret: The fine print is what has really mattered in past affirmative action cases, going back to the Bakke decision in 1978, which ruled that explicit racial quotas were unconstitutional, but that race could be considered a plus factor in admissions.

Gail: I’m hoping the court will leave some room for schools and employers to continue taking race into account — and also things like economic background, childhood home environment — factors that help produce a diverse America where people who come from impoverished communities and disadvantaged homes can get some breaks.

Bret: I’d have a much easier time accepting affirmative action if the principal criterion was class, not race. If universities thought of themselves more as ladders of social mobility and less as curators of racial rebalancing, they could still give a lot of poorer minorities a lift while also opening their doors to larger numbers of low-income white students who might otherwise have been denied a shot at admission.

Gail: You can’t leave race out, but yes, it’s important to mix it with other parts of a biography. We have to protect schools’ right to create a diverse freshman class every year — one that will help students learn the joys and struggles and fun and exasperation that comes from living with people who aren’t like you in color, creed or background.

Bret: Or viewpoint. Diversity is also about making sure universities don’t become ideological monocultures where people look different but share nearly all the same opinions and assumptions.

Gail: To me, diversity is a very, very important goal — you don’t want to be living in a world in which all the folks of one race or class never interact with folks from another.

How about you?

Bret: Diversity can be a virtue, but it doesn’t have to apply in every conceivable setting or override other considerations, especially academic excellence. I don’t think it’s any secret that students whose families are from East and South Asia outperform many of their peers in high school academics, just as Jewish kids from immigrant backgrounds did a couple of generations ago. If the end of affirmative action means that top-tier universities will be demographically overrepresented with students of Asian background for the simple reason that they worked that much harder to get there, should that be considered a problem?

Gail: Of course we have to include, and celebrate, the many fabulous students with East and South Asian backgrounds. And part of the educational opportunities they deserve is a chance to be in school with kids from other backgrounds. So that they graduate with the ability to work with, supervise and take directions from Black, white and Hispanic colleagues.

It’s a win-win.

Bret: It would be win-win if universities vastly expanded their enrollments, perhaps by doing more of the coursework online, so that every academically qualified student got in. For now it’s zero-sum: At Harvard in 2013, according to the initial lawsuit, the admission rate for Asian American students was 19 percent, even though 43 percent of the admitted class would have been Asians if based on academic performance alone.

Gail: Have a feeling this isn’t going to be the last time we debate this issue. But Bret, we’ve had a busy news week and I want to check in on some of the big developments. Starting with … Hunter Biden! Am I right in recalling he’s not your favorite presidential offspring?

Bret: He’s running neck-and-neck with Don Jr. and Eric in that contest, though I hear that James Madison’s stepson, Payne Todd, may have been the worst of them all.

Gail: Hunter’s legal issues seem to have been pretty much resolved — he’s pleading guilty to two far-from-major tax crimes, getting probation and pledging to remain drug-free for two years.

Bret: For which we wish him well.

Gail: Two questions: Is this resolution fair? And what political impact will it have? Some Republicans are acting as if this is gonna be a large cloud over the Biden administration. That the president won’t be able to campaign for re-election without being followed by “Huckster Hunter’s Dad” banners.

Bret: Hard to judge without seeing all the evidence. The U.S. attorney in the case, David Weiss, was appointed by Donald Trump and kept in his job by Merrick Garland to complete the investigation, so this hardly seems a case of partisan favoritism. And Weiss says the investigation is “ongoing,” which I have to assume means he’s taking a close look at Hunter’s fishy foreign business deals.

But the political timing is lousy and plays into Donald Trump’s narrative that the Biden administration is weaponizing the Justice Department against him while letting off Biden’s son with a slap on the wrist.

Gail: I’ve always believed that as long as there was no reasonable evidence that Joe was actually involved in any of Hunter’s smarmy let’s-make-a-deal-did-you-happen-to-notice-my-last-name schemes, the whole thing has no political impact whatsoever. Nobody but desperate Republicans cares about Hunter’s misdeeds, and if anything, I think he stirs sympathy for his father.

Bret: Well, desperate Republicans means tens of millions of Americans. But since we keep touching on the subject of errant children of famous politicians, your thoughts on Robert F. Kennedy Jr.?

Gail: I know the polls suggest he might be a problem for Biden. A good chunk of that is just boredom with the current election picture and name recognition for Junior. Once voters take a serious look at him, his anti-vaccine craziness and overall right-wing loopiness, I’m confident those polls will plummet.

Bret: I would call it left-wing loopiness, but go on.

Gail: Nevertheless, if he runs as a third-party candidate, he always has the potential to screw things up — just a sliver of votes in a swing state could do the trick. Which is why I’m so hostile to third-party presidential candidates.

Bret: I don’t see him running, Nader-like, as a third-party candidate. But I think one reason some Democrats are rallying to him is because they are wary of the idea of a second Biden term, even if they think he’s done a decent job in his first.

Gail: We were both hoping Biden wouldn’t run again because of the age issue, but here we are. And he’s still a thousand leagues better than Trump, who’s only a few years younger. So Joe’s the one.

Bret: They see him as old and faltering, they don’t think Kamala Harris is up to the job if she needs to succeed him, and they worry that any Republican save Trump could defeat him. If Bobby Jr. wins in New Hampshire because Biden isn’t even on the ballot, it could shake things up, and he could wind up being the Eugene McCarthy of this political season: not the nominee, but the catalyst for change. I’ve been saying this for months, and I’m still willing to bet you a good Zinfandel that Gretchen Whitmer, the governor of Michigan, is the surprise Democratic nominee next summer. Mark Leibovich seems to agree, by the way.

Gail: All I will say is that I am looking forward to the Zinfandel.

Bret: And speaking of catalysts, how about that Chris Christie?

Gail: He’s not going to be elected president, but gosh I would so love to see him in the Republican primary debate this August. Think there’s a chance he’ll raise enough money to qualify?

Bret: For sure. He’ll get it because he’s a bring-the-popcorn sort of candidate who will make the debates interesting and because a lot of the big Republican donors long ago soured on Trump and because all the other Republicans in the race look like a bunch of moral midgets auditioning for cabinet-level jobs in the next G.O.P. administration and because the choice of Ron DeSantis or Trump is starting to look about as appetizing as the choice between Vladimir Putin and Yevgeny Prigozhin — scorpions in the proverbial bottle who really deserve each other.

Gail: This is the reason you’re my favorite Republican.

Bret: Ex-Republican. Still conservative.

Christie’s essential theory of the race is that the only way to defeat Trump is the “They pull a knife, you pull a gun” theory that Sean Connery espoused as the best way to defeat Al Capone in “The Untouchables.” Except Christie aims to bring a .44 magnum, a rocket-propelled grenade and maybe even some HIMARS artillery — rhetorically speaking, of course.

Gail: Of course.

Bret: Which is all another way of saying that he’ll tell the truth about Trump. It will be a joy to watch, however it turns out.

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