tv Outnumbered FOX News June 29, 2023 9:00am-10:00am PDT
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culture plus co-founder lili gil valletta and former army captain jeremy hunt. we begin with anchor and chief legal correspondent shannon bream. thank you for covering this all morning for us. >> shannon: glad to and glad you have attorneys there, including you to break these things down, as well. this is landmark decision about what higher education can and can't do about race. the court said it cannot be a factor deciding who gets into college, including harvard and unc. chief justice said here, the student must be treated on his or her experience, not on basis of race. many universities have done the
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opposite and concluded wrongly touch stone of individual ability is not lessons learned, but color of their skin, constitutional history does not tolerate that choice. he read from the decision and so did justice thomas. devastating impact of this decision cannot be overstated, this will entrench racial segregation, racial inequality will exist as long as it is ignored. if people want to write about experiences they have had, where they came from, none of that is barred and no university is barred from considering that. they can't use that to get around the process. one member of congress hank johnson, now saying this demands
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they expand the supreme court. he will offer legislation to do just that. emily. >> emily: thank you. bringing it back to the couch now. kayleigh, you contrast as shannon just said, words of sonia sotomayor, she says the court is not listening to america crying for this. when you remove the asian american cap, numbers flourish and combine with 82% of their population of their student population that come from wealthy background. talk about equality, i can't help from remember chief roberts quote, stop discriminating on the basis of race. >> kayleigh: i encourage every american to go read justice
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clarence thomas writing. we worked to get out of american society and he talked about the 1864 republican party. it was to abolish slavery. republicans pushed forward the 13th amendment. he called it america's second founding and we get to jim crow and board of education. we will not discriminate on base of race in our schools. he said we take some steps back as a country when you get to the gruder case, which allowed discrimination in school as long as you were discriminating individuals who were, asian, for example. he concludes by saying stugsz embodies simple truth, two discriminatory wrongs do not make a right. john wayne, 4.65 gpa, way above
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mit and harvard doesn't get in and because of this race and model, they concluded and i'll end with this, 20% chance of getting into harvard as asian and 85% chance as african american, not equality. >> martha: sonia sotomayor says there is racism in the country. about whether or not this exists in the country, you have one faction saying it does and another side says it doesn't exist. tim scott had a conversation with the women of "the view," and they said you are the exception. they are making sure that know costruct stays in place. you cannot say everyone has
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equal opportunity, if you do, you will lose structural racism argument. it is fascinating day and interesting that what prompted this was one group started to advance because of their hard work. too many asian students getting in, not enough. once you have those boxes, which group are you in, you create identity politics. >> emily: what is fascinating for affirmative action cases, they said this will not unnecessarily quash others. remember that? they said it was to equalize but never at the negative effect for anyone else. it had realtime effect for boxes only quashing considerable group
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that is minority in this country. affirmative action touting it is minority enrichment and success and equality, it was having an opposite sxefkt that is ignored by the left. >> jeremy: that is right, i do not believe new discrimination can remedy discrimination of the past. it doesn't work. affirmative action is abhorrent. poor and working class are worse off 2d than during the civil rights movement. policies like affirmative action benefit the rich elite. harvard, 71% of black students are from wealthiest families in america and outcome for poor and working class, they do not get a shot. my own personal story, i grew up
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in georgia in a middle-class family. when i got to high school, i decided i wanted to go to west point. always been my dream. i had two jr otc instructors who told me, you will get in on merit, we will work with you everyday to achieve your goal. from freshman year to senior year of high school, they were, academic and physically pushing me to get to benchmarks. push-ups, sit-ups, running miles, education, top scoring grades and i had mentors that believed me and i got in on merit, not based on the color of my skin thachl is what we lose with affirmative action. >> kayleigh: and yale law graduate, get that in there. >> lili: first to graduate from college in my family. it is about merit.
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who gets measured does get done. put spotlight on education, i want to support that. what is fascinating with our country and demographic, we are majority/minority at elementary school level. that will be mainstream of students anyway. we should be pointing affirm action, leading as professionals, politicians are not failing and that is sadly what is happening today. black and hispanic kids have fallen behind more so after the pandemic. how do you expect us to be ready for harvard or any other school with or without affirmative action when you focus on result and coaching and mentors that told you, work hard jeremy, learn english, you will get it. you can do it. we need to reimagine what equity
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in fast-approach being majority nation will look like and good challenge for universities to rethink that. looking at national test scores for kids, failing them miserably, address the college problem and address that public school problem, as well and talk about it from the white house. >> emily: so much more to come. coming up, concerns about president biden age and fitness to lead are clouding his campaign and democrats are getting worried about another string of embarrassing moments. so it's decided, we'll park even deeper into parking spaces so people think they're open. surprise. [ laughs ] [ horn honks, muffled talking ] -can't hear you, jerry. -sorry. uh, yeah, can we get a system where when someone's bike is in the shop, then we could borrow someone else's? -no! -no! or you can get a quote with america's number-one motorcycle insurer and maybe save some money while you're at it. all in favor of that. [ horn honking ] there's a lot of buttons and knobs in here.
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yesterday, he was seen with visible indentations across his face. the white house clarifies it was left by the president's sleep ap nea machine. he was spotted with another cheat sheet while leaving the white house for chicago and this shot reveals notes were about last weekend's mercenary result in russia. that hasn't prevented the president from making embarrassing missteps in the last few days? >> what -- putin? >> he is losing the war in iraq and at home and -- around the world. >> i was on the tibetan plateau with xi jinping. i traveled 17,000 miles with him, starting when i was vice
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president. it was inappropriate for barack obama to meet with him, i met alone with him and he and i 68 times, 68 hours, 68 times, more than 68 hours, less than guy driving truck -- anyway, knocked down a whole bridge and blocked four lanes of the highway. >> kayleigh: foreign policy gaffes, he intended to say ukraine, he said iraq and he said india. last night at a fundraiser and today he referred to iran instead of iraq. everyone makes mistakes, it is repetition how they play to broader question of competency.
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>> martha: he's always had gaffes. what strikes me as strange is that we all make a mistake. the war in iraq, i mean ukraine. he doesn't do that, he keeps plowing forward, which makes you wonder whether or not he realizes he made the error. if it happened occasionally, it is one thing. every 24 or 36 hours, i thought it was interesting at the white house, they were asked, white house press secretary filling in for karine jean-pierre was asked if president obama had discouraged him and said, you don't have to do this, joe. he had said years before and she shut that right now. we are not going there and not answering that question.
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i wonder if he is the nominee of the democratic party. wondering if there is room here, we will see. >> jeremy: eastern europe is engaged in largest land war since world war ii and our commander-in-chief didn't know what countries were involved in it. don't people like myself and others who serve, don't we deserve better? don't people who are serving now deserve a commander-in-chief who know what is at stake? in 2020, i had friends say, i'm voting for president biden, it is old man gaffes, these are emboldening our adversaries all over, everyone sees what is going on and leading us in a very precarious situation. i don't think it is cute or funny anymore, we need a new
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commander-in-chief. >> kayleigh: no doubt, mayor francis suarez, had a massive gaffe yesterday, he said what is a uighurs, big misstep, you need to know this. we covered the president and francis suarez. others covered francis suarez, silence on biden. >> emily: phrase of this is a gaffe, it is far beyond that now. whether age or whatever, end of the day, it is not befitting the office. it is well beneath the commander-in-chief and for millions who have a loved one deployed right now, myself included, it is added layer of stress and deep disappointment that that person is
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commander-in-chief. to echo your point, i feel no faith in his ability to lead, command, to communicate with other leaders and represent united states of america with strength and competence, thinking we need. the commander-in-chief is supposed to be the best of us, i see a shell of what he used to be. many say especially if they worked with him during his vice presidency, they say he will not recognize me now. wake up and install someone else, we all deserve better. >> kayleigh: francis suarez added, i was confused by the anunsiation, i know what the uighurs are. he didn't say he would run third
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party. say he doesn't endorse biden, it is sig signal to those voting, you can consider other candidates and third party that benefits democrats, 45% of democrats told fox news we consider another candidate. >> allowing for a conversation in many cases we're not having these days and calling out things that don't make sense on either side. people have spoken, many polls confirming 6-10 americans are concerned about the mental fitness of president biden. it is the people. here is what is interesting, i want to be fair and balanced. 51% say they may worry about mental fitness of president trump.
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maybe people want different version of both parties that can re79 america craving for fresh, young and strong leadership for the world to see. we will see. >> kayleigh: we will see, 2024 race is heating up, fox news hosting the first presidential debate and martha maccallum will host along with bret baier. tune in august 23rd 9 p.m. eastern time. what can we expect? >> martha: we've been having candidates, today we'll have vivek ramaswamy and voters can ask questions, we did that with chris christie and yesterday governor desantis was on. in many ways, this process is just beginning. you see the numbers and the former president has a huge advantage, he has a large following. it is going to take some sort of catalyst to change that dynamic, if it changes at all. these individuals hope to get a shot at this and i think the
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biggest moment that will happen at the starting gate is august 23rd debate. bret and i are excited and look for everybody's input. what questions do you want to hear asked? we'll work on that next couple of months. >> kayleigh: vivek ramaswamy coming in third, watch 3 p.m. "the story." >> kayleigh: hunter biden is testifying right now. was there special treatment from the doj? ♪ it■s hard eating healthy. unless you happen to be a dog.
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scorched after a fire ripped through. the fire broke out just after 9:30 a.m. local time, the fire began as a street fire before spreading to tiffany's the brand store, which recently underwent a $500 million renovation and just reowned back in april. thankfully no one was injured. martha, you have been here. >> martha: this is a work of art. -- loves to buy biggest brands in america. he brought the brand and redid this brand "breakfast at tiffany's," this remake was $500 million. it is like being in a museum, it is absolutely beautiful. it is a great landmark and
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tourists come to new york city. it's only a few blocks from now. we've heard the trucks going back and forth all morning long. >> emily: i walk past it everyday, we've all seen "sweet home alabama," and this was a three-year multi million dollar renovation. tourists are always here and it just completed and one bag i see throughout the cities, a little tiffany bag and it is such an important experience for tourists who love this brand, it is passage to have that experience. i'm sad for everyone and devastated. thank goodness no one was hurt and i hope the diamonds are okay. >> jeremy: pray for me, my wife came up with me up from georgia today and one reason why, she
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wanted to eat at tiffany's. we had reservation, she had been waiting and last night she is looking at the scene, this is where we'll be tomorrow. we got the called it, no reservation for us today. going to be a rough one. >> your wife is lovely, you will have to come up with a good substitute. >> you will. all rights, hunter biden is being deposed right now in civil defamation case brought by mac isaac, who turned over hunter biden laptop to the fbi after the first son never picked it up. he is seeking damages over hunter biden claim he didn't own the computer. there were pictures of hunter biden and e-mails, this is after a whistleblower brought up the biden probe.
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shapley says the investigation faced major setbacks around the time of 2011 election. >> we drafted an affidavit to execute search warrant in a couple different locations and prosecutors stated probable cause had been achieved. we moved closer to the election, they kept putting it on the back burner and didn't allow the search warrant. the legal requirements were met. >> kayleigh: shapley claims the irs could not ask any questions that involved joe biden. >> we were not allowed to ask questions about dad or the big guy or include certain names and document requests and search warrants. there were definitely hindrances i've never seen in my 14 years that didn't allow us to follow through investigation of any
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other individual to include president biden. >> kayleigh: the former head of the doj tax divisions shapley's allegations are nothing short of shocking. >> head of the tax division, i read special counsel shapley testimony with deep, deep interest. i got to page 95, my jaw dropped. >> kayleigh: emily, search warrants pushed off, statute of limitation fall through. have you ever seen this as former district of attorney? >> emily: never. laid out exactly how the investigation was stymied. i need everyone to appreciate watching just how absolutely corrupt and disheartening to buy into with your tax dollars criminal justice system that has so much power and weight that impacts every american and you learn the first family has had
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search warrants unexecuted, prosecution unexecuted and statute of limitations run. thatten moo means there are hands tied and never option to have justice secured for charges that are serious. this is quite serious. these don't even go to the allegations of elicit favor. i have never known one subject that got a misdemeanor plea as a result of this. i did not know one person that did not go to prison for tax evasion, including all plea deals. this is deep disappointment and shock. >> kayleigh: martha, you interviewed gary shapley, what did you think? >> martha: it is stunning. people say, this is about what aboutism, i can't help but watch
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and think about the hurricane. two presidential presidents involved and one situation where investigators say we had everything we needed, we had done all the work and ready to prosecute and told to back off. on the durham report, we couldn't find anything, so went to fisa, and put trails on innocent people to find enough to grow the investigation. low numbers of people have faith in this justice system and the fbi. >> kayleigh: we have numbers we'll pop up from the fox news poll. doj treatment of hunter biden, people asked tough enough, 55% said not tough enough. doj motivated by partisan politician, 53% said yesterday. >> lili: this continues to emphasize sharp decline when you look at trust and confidence of american people toward government. looking this morning, look from
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the era of kennedy johnson, down into the teens and this continues to reiterate that, which is dangerous, that is very foundation of what makes this country wonderful. we cannot trust government, that is okay and normal, that is not normal in america. with check and balance of government, different branches and over dlt sight committee, we can see a path for justice even in the midst of bias in the fbi and doj. it is dangerous, if it happens in this case, what to come afterward. >> kayleigh: certain how credible the whistleblower is. pop up video from gary shapley to superiors, he said weiss stated he is not deciding person on whether charges were filed and his superior replied, you
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covered it all. >> jeremy: the story is bigger than how the biden family is getting away with it. it is indictment on the justice department and the mainstream media, who is not covering this like they did when president trump was in the white house. democracy and darkness, and it has been totally overlooked. justice system changed depending on who is the person they are going after. you lose legitimacy and effects can go on for a long time. this is serious issue and i'm happy this network is saying something about it. >> kayleigh: two whistleblowers, notes, don't believe any of that. new hate speech bill make it felony to make someone feel threatened by words. from big cities, to small towns, and on main streets across the us, you'll find pnc bank.
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>> emily: new hate speech bill could send people to prison for making someone feel threatened by their words. bill would make it a hate crime to cause individual to feel terrorized or threatened and causes the victim to feel threatened or violated. could be five years in prison and $10,000 fine. the bill passed state house and in review in senate. kayleigh, there are massive issues with the bill, among them, the term harassment is not specifically defined, just up to the whim. including sexual orientation and gender identity or expregsz as
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protected classes. can you say overbroad and over vague. >> kayleigh: the law is supposed to be black and white, not subject to. they have gretchen whitmer who the sign off on this in congress. i am interested how it inter-plays with supreme court protection on speech of what threat is. narrowly define threat and that was seven justices who agreed to that. i don't think this will stand over time, we will see. >> emily: critics argue this could be use as weapon of sermons of preachers and authorship, anything can be construed in terms of anti-level because it made me feel harassed or threatened. >> martha: it has chilling effect to speech and i think your point is on the law are well taken in terms of how this
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would be pursued. i don't see how this could holdup. one person's feelings cannot necessarily be substantiated and going through my mind is the phone call hunter biden made to this chinese official who would not be part of this law in michigan. if someone says you better pay me, does that fall into this category? they asked me to pay my bill, right? you see ramifications for this. >> emily: to kayleigh's point, author failed to address religious liberty argument, it doesn't say how it will surmount constitutional requirement. >> jeremy: my father is a pastor, when he preaches, everyone in the room will be offended about something he said, that is kind of the point. laws will have major issue in terms of trampling on citizen
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right to speak what they want to say. one concern i have, this other republican states respond by having our own laws to do certain things and different states, your freedom of speech is curtailed by who controls your state legislature. i don't think that is the america anyone wants, we should be in america where everyone has right to speak their mind. >> it will not holdup, see what the final-final is. this shows me where mindset of culture of america is going, everything is so sensitive and so much of today is paralyzed or edited because people are afraid. this is slippery slope, today 8 in 10 college students feel overwhelmed. we are losing resilience, hard work and mindset that keeps us
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strong. if i'm offended, good luck enforcing this. our social media full 've what makes you feel threatened. i think this is dangerous for our culture and makes us weaker. >> kayleigh: what a slap in the face for those in the criminal justice and legal system, you can murder an animal and not serve jail time, be a stalker and show up at someone's house and not serve jail time. we have a fox news alert coming in. >> kayleigh: waiting remarks from president biden about to deliver his first remarks following the supreme court ruling strikes down affirmative action and outlaws race in college admission in a 6-3 opinion and harvard and unc race-based admission are unconstitutional. we await him to walk up to the
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stadium in the roosevelt room. i wonder what we will hear from president biden and chance of him politicizing this, that is what he does when he suffers defeat. >> we got it from president obama this morning and others, who say this is sad and dark day for america because of removal of affirmative action move. i see it as opportunity to rethink happening what equity could look like. we'll see, i think it is in line with some comments we've heard this morning. >> kayleigh: one thing interesting to think about, jeremy, look at biden hemorrhaging gen-z voters. one thing they cite why they are reluctant to vote for him, that
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he is ineffective. you gave me hope on student loan bail-out, the supreme court struck you down. he will have to answer to that. >> jeremy: voters are saying this president does not deliver on anything he says, go from student loan bail out. it is good thing he was not able to deliver on that. we expect to hear where the supreme court will land on the issue. we have a president who is unwilling to see why anybody on the other side might have a different approach. he will get up to the podium and tell america radical maga justices are undermining our constitution when what is happening people are standing up for color blind principles for this country. >> kayleigh: there was reporting they had not found solution, but looking at other measures, will
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we hear a solution? >> martha: we'll see. one thing that strikes me, there are potential presidents who walk out at this moment and say, this is a good moment for america. affirmative action, justice o'connor said there is need for this in this country, she said 25 years from now and paraphrasing her, there will not be a need for this anymore. we have seen minority of all different ethnicity and back ground achieve highest levels of leadership and justices in the land and interesting what prompted this change is asian students were overaccepted. >> kayleigh: here is president biden in the roosevelt room. >> president biden: united states supreme court recognize
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college freedom to decide how to build diverse student body to meet responsibility of opening doors of opportunity for every single american. in case after case, including recently, in 2016, the court affirmed and reaffirmed this view, colleges could use race not as determining factor for admission, but one factor among many in deciding who to admit from qualified, already qualified pool of applicants. today the court walked away from decades of precedence and made clear. decent states rolls back decades of precedent and momentous progress. i agree with that statement from the dissent. the court ended affirmative action and i strongly disagree with the court's decision.
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affirmative action is so misunderstood, be clear about what the law has been and what it is not been until today. many people wrongly believe that affirmative action allows unqualified students to be admitted ahead of qualified students. this is not how college admission work. colleges set out standard for admission and every student has to meet those standards, then and only then after first meeting the qualification required by the school look at other factors in addition to grades, such as race. the way it works in practice is this, college establish qualified pool of candidates based on meeting certain grade, test score and other criteria. then and only then, then and only then, from this pool of applicants, all of whom met
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school standard, the class is chosen after weighing wide range of factors, among them being race. i've always believed one of the greatest threats of america is diversity. i believe that. if you have any doubt about this, look at the united states military. finest fighting force in the history of the world has been a model of diversity and made our nation better, stronger and safer. i believe the same is true for schools. i've always believed the promise america is big enough for everyone to succeed and every generation of americans we have benefited by opening door of opportunity just a little bit wider to include those who have been left behind. i believe our colleges are stronger when they are racial lee diverse. our nation is stronger, we use, we are tapping into the full range of talent in this nation. i believe while talent, cr
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creativity, equal opportunity is not everywhere. we cannot let this decision be the last word. the court can render a decision, it cannot change what america stands for. america is an idea, unique in the world. an idea of hope and opportunity, of possibilities, giving everyone a fair shot, leaving no one behind. we've never fully lived up to it, but never walked away either. we will not walk away now. never allow the country to walk away from the dream upon which it was founded, that opportunity is for everyone. we need a new path forward, path consistent with law that protects diversity. i want to offer guidance as they review admission system after
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today's decision. guidance consistent with today's decision. should not abandon commitment to ensure student body of diverse background and experience that reflect all of america. i propose new standard, colleges take into account adversity student overcome when selecting among qualified applicants. be clear, new standard, true under earlier standard, students have to be qualified applicant, need gpa and test score to meet the school standards. then diversity should be considered, including lack of financial means. too few students of low income families whether in big cities or rural communities are getting opportunity to go to college. when a poor kid, maybe the first in their family to go to college, get same score as welty
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kid, family gone to elite colleges and path been easier, kid who face tougher challenge has demonstrated more grit, more determination and that should be a factor colleges should take into account in admission and many still do. it means examining where the student grew up and went to high school, it means understanding particular hardship each individual student faced in life, including racial discrimination and individuals faced in their own lives. the court says "nothing in this opinion should be construed as prohibiting universities from considering application discussion of how race has affected his or her life, but be it through discrimination or inspiration or otherwise." truth is, we all know it, discrimination still exists in america. discrimination still exists in
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america. discrimination still exists in america. today's decision does not change that. simple fact. if student has overcome, had to overcome diversity on their math to education, college should recognize and value that. university should be engine of expanding opportunity through upward mobility, today that is not the case. statistics want statistics, students from top 1% of family income in america are 77 times more likely to get into elite college than one from the bottom 20%. 77% greater opportunity. today for too many schools, the only people benefit are wealthy and well connected. odds have been stacked against working people for too long. we need a system that works for everyone from appalachia to at
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lant and and far beyond. we must do better and we will. i'm directing the department of education ta-analyze what practice build more inclusive student body and what practices hold that back, like legacy admission and other systems that expand privilege instead of opportunity. support, contain and graduate first students and classes. companies who are already realizing value and diversity should not use this decision as excuse to turn away from diversity either. i know today's court decision is severe disappointment to so many, including me, we cannot let this setback the country. keep open door of opportunity
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and remember diversity is our strength and find a way forward. everyone can succeed, that is work of my administration and i will fight for that. thank you all and i know you have been told i have helicopter identity there waiting to go to new york, i'll be talking more about this live interview, thank you and we'll have plenty of time to talk about this. we will not let this break us. >> president biden, supreme court question own legitimacy, is this a rogue court? >> president biden: this is not a normal court. >> should there be term limits for justices, sir? >> kayleigh: president biden reacting to landmark affirmative action and sounds like he said this is not a rogue court standing up for legitimacy of the court. we heard a new solution, we went
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into the student loan decision tomorrow and previewing what can take place, on this affirmative action, he wants new standard, diversity standard, take into lack of financial means, where you grew up, hardship and racial discrimination, your thoughts, emily? >> emily: he crawford this in that dish environment we discussed earlier proponents of affirmative action stuck themselves to and had opposite effect. he said this is there to lift up those who need an extra leg and impact no one else and impact no one in their own box. we saw it disproportionately affect told me he said in reply to the question, is this a rogue court, he said this is not a normal
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court. so questioning the legitimacy of the court. >> that's very sad, and that will not help to build the confidence. what you really want to hear from the president of the united states is you know, yes, this is obviously the supreme court we have division of powers in this country for that purpose, nancy pelosi raised the question, they should have term limits and opened the door to court packing, so given this decision and the politics of the moment, you are likely to hear a lot more along those lines. >> i received an email from harvard university, they put out a long statement reaffirming their values and they said this, in the weeks and months ahead, drawing on the talent and expertise of our harvard community, preserve, consistent with the court's new precedent, our essential values. >> the values are supposed to be let's give opportunity and access and lift all boats so we can achieve our best and full potential. so, let's see. harvard has led in many other ways, you know, we both have been there, and i appreciate a lot of the scholarly solutions that come out of there. show us leadership, reimagine
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what it can look like so it is an inclusive approach to education. >> and talked about financial equality, not happening at the universities. >> not at all. maybe we will see people across the country, from appalachia, to everyone, will have a shot. >> here is "america reports." >> sandra: historic ruling out of the supreme court, the court rejecting race-based admissions as 14th amendment, and breaking news continues, sandra smith in new york. rich, great to have you here today. >> william is in california where affirmative action and school admissions banned nearly 30 years, but start -- i'm sorry, sandra. >> sandra: andrea lucas is here, commissioner for the equal employment opportunity commission.
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