story, the solution lies in the person of robert harlan. >> robert harlan is an amazing man.was a person of mixed race. he was believed to be the son of harlan's father and an enslaved woman. some d.n.a. tests later on suggested that may not be the case, but nonetheless, he was believed to be a member of the harlan family and had a special relationship with john's father. he was in a position to help john marshall harlan when harlan wanted to get on the supreme court. northern liberals were very skeptical of this kentuckian who came from a slave owning family. though behind the scenes, robert harlan was able to reassure people of john harlan's good intentions regarding african- americans in a time when most people doubted him. and then he went on to become the greatest defender of african-american rights of his time and perhaps of american history. >> yang: you talk about the, sort of the gilded age and a lot of these issues, not just the race cases that, but economic cases that were the, the supreme court sided with the moneyed interests over workers on things like work hour

once you start bigging into harlan's dissent -- in my article i go through ways of approaching harlan's dissent. once you start bigging into that it is clear that colorblindness wasn't central to what harlan was up to. he anchored his dissent in a notion of what full citizenship looks like. citizenship was mentioned in that famous sentence where he mentioned colorblindness, citizenship is mentioned three times within that sentence. and it's clear that he's -- that he views deprivation of the full rights of citizenship as a violation of the constitution. so, for harlan, full citizenship is premised on equality. and to enjoy the rights of citizenship is to be equal. and in harlan's dissent, thatpry deprivation of citizenship frames the louisiana statute. but it was racial conservatives, who have been lost in the brown decision, and having lost the legal battle over desegregation, and starting to lose the political battle with their loss of massive resistance in virginia and elsewhere, they then turn to harlan's language of colorblindness to really lock in existing social disparities to ki

so it's important to recognize that harlan's decision. does not mean that race needs to be ignored in public policy in fact within education it may mean the very opposite of that that we need to take race into account in order to fully develop the capacity of individuals to participate as citizens. we have to ensure that their education engages them as individuals and who they are and and how they identify and and and tap into that identity as a way to motivate their their learning. and and there are race conscious educational policies that are consistent with harlan's commitment to the full rights of citizenship that are have been shown in social science and empirical studies to have better outcomes for students. and in the in the article i get into some of the empirical studies that show the effects of ethnic studies programs on educational outcomes, and they're quite impressive. these are these are pedagogical approaches that are anchored in culturally relevant and culturally sustaining pedagogies. that connects students identities to

>> no. >> harlan was adamant he never saw chelsea at the party. he made up the story.disappearance. >> he did appear to be nervous like this is getting serious now. i really made everything up, i had no involvement, i'll do whatever you want. >> would you be willing to take a polygraph? >> ally detector test? >> yes. >> yes. >> harlem take the test and passed. >> can someone deceive them? we also obtained a dna sample from harlem bird because we did recover the leotard in the wake and we did have a good feeling that there was gonna be some dna on there. he did give us a dna sample. >> they sent it off to the lab and waited. penny heard the news and still distressed by a sense of failed responsibility felt some force pulling her to the place the poison ivy costume was found. >> very eerie place. there was a train track on the other side of it. i don't know. i just envisioned being tortured in there and the trains going by and the clinking and the echoes. i just had to see for myself, i suppose. maybe i'd find something that someone else missed. i don't know. >> or maybe

farm but in april he made a discovery unlike any other, while walking along a path he stumbled upon harlan'sog tag and he did an internet search and found local newspaper about the grave mark errand he decided to send the dog tag back. >> he just knew he had to try to get it home and it is. about 77 years to the date that he went missing that we got this. >> reporter: ifis would like them back here to be burpied in the family cemetery plot in holland lake. it was rain, or wind itself that allowed this discovery. >> i never expected i would have to do something like that. >> reporter: the family is grateful, after almost 80 years they have closure. >> so a part of him has come home. >> for cbs news in howard lake, minnesota. >> and that's overnight news for this ththursday. for some of you theews continues, for others, check back later for "cbs this morning" and follow online any time at cbsnews.com. reporting from the nation's capital i'm ben tracy. ♪

harlan wong is with the san francisco chinese chamber of commerce. the mayor came for the swearing in. >> this particular chinese chamber of commerce has been absolutely incredible in providing resources and support to a number of businesses here. and it's one of the first banquets that we're seeing as a result of after the pandemic, after the reopening. >> reporter: for a community that has faced attacks and loss of business during the pandemic many say it is part of their resiliency. they want to get the word out again to come visit chinatown. >> we want tourists to get the message out there that we're safe, we're vaccinated. san francisco being one of the higher percentage of people that have been vaccinated. >> reporter: international frafl travel is still off. at the wok shop they're seeing more customers recently and hope it continues to grow. >> they're all in, it seems, a good mod, and they're buying. so i don't know if they're sheltering in place and now this is so much freedom, and our weather's been so beautiful, and it's such a welcoming

charlie harlan garcia strikes out cody bellinger to escape the bases loaded jam giants shut out the dodgerst take 2 of 3 from their rivals. they have the houston astros coming to town starting tomorrow. and gabe kepler. he's happy he's got a shortstop back for this upcoming >> and he was up there battling. i think you recognize critical that was. and what i'll say is i think we've had several of those moments come up over the course of the last 10 days and we haven't been able to capitalize on and it's important to have cross presence in the lineup today. we saw it later in the game as well out how important it was. and it's really nice out in the next. >> day. 2 of practice for the niners and one of the biggest storylines will be nick bosa and the progress of his knee. he's regaining his form slowly but surely the 2019 defensive rookie of the year says his goal is to be ready by week one. meanwhile, on the other side of the ball trey lance, he still getting to learning, i should say still learning how to be a pro and a part of that entails fielding annoying questions about his relationship

. >> one of the stories you tell in your article, let's start with the inside, he talked about harlanns? >> product was removed from apple and google stores and amazon which amazon has a crowd of computer services from the service for a while. they said it was antitrust violation and it showed if amazon was big enough to cancel parler then why would you you need antitrust laws on amazon? antitrust law is supposed to go after anti- competitive product from monopolies and amazon does not have a leg of monopoly in those services although not being able to go find another website so it does align more with the sensor publican's wanted to use this as an example of why we needed different roles around antitrust like a good example of how the market works in this realm and parler was able to find another provider in the market. >> a couple of leading democratic legislators on this antitrust, senator elizabeth warren amy coverage are referred to competition as an important part of their antitrust portion. >> competition is important but historically antitrust, or at least 46 years it hasn't t

tell me what the delicious 6 week weight loss plan for the real world written by my doctor timothy harlan m d, who practices in teachers at george washington university hospital here in d. c. he is a former new orleans restaurant tour and you might already know him as dr. gore may, an emmy award winner. you may have seen on food network and tv stations across the usa is prescription for better health and healthy weight loss includes what day eat, how to cook it when day, either what to eat at a restaurant and what they eat. if you're in a hurry and why eating great food is the best health decision you will ever make. that's our show. thank you for watching the big picture. if you're watching real time, we'll do that same time next week and you can set the d b r. if you can run direct tv channel $3.00 to $1.00 on the dish dish at 280. our live stream is youtube dot com slash r t. america, all my shows are you tube dot com slash the big your r t. and if you miss us live, you can catch us where you will find all our shows on the free, portable tv app and the app store or on google play. and

federal courts, he gets $7200 a month, the former chief and expect her gets nearly $16,000 a month and harlants about $21,000. in santa clarita county, the number of those dying from covid-19 was not exactly what we were led to believe for more than a year. it is actually a lot less. kpix 5's reports to explain. >> reporter: the bay area's largest county, which had the first covid-19 death in the nation, is now reporting a drop in its covid-19 death toll by nearly a quarter. from roughly 2200 down to roughly 6696. >> i think transparency and can indication is an upside. the downside of that could be, oh, well, it was not as serious as you said. >> reporter: they said that they refined their approach and reporting covid-19 debts to get a better understanding of the virus, reviewing each fatality and only counting those whose cause of death was directly from covid. and not those who tested positive for the virus when they died, but did not die because of it. >> people were sort of putting down that cause of death as covid. it is important to go back into this accounting to see if covid was actu

and he goes on to say, he says, "the constitution is colorblind as the first justice john marshall harlanmaintained in his dissent in plessy and requires the states to ignore the race of school children in assigning them to their public schools." right? brown versus board of education forbids the consideration of race when you are assigning people to public schools. this is an effort, again, a backup effort to tame and to drain the meaning of brown. so, while he's speaking of voluntary segregation, back in the 1950s, in the 1980s, he is advocating freedom of choice plans. and he says, senator ervin says, "alas, while i accept brown, the modern supreme court has betrayed brown," because there are these decisions dealing with bussing and the racial integration of schools, often in the south, that take consideration of race. and that is a betrayal of brown versus board of education. so senator irvin identified a case called green versus county school board, a case out of virginia from the 1960s. and another one, swan versus charlotte mecklenburg out of the 1970s where he says these decisions

to being a regular contributor, he is an adjunct scholar at the cato institute and founder of the harlan institute. he is the author of three books, an introduction to constitutional law, and two books about obamacare. you will have to tell us where -- whether there is a third book. to my left, gregory garre, global chair of the supreme court and appellate process. a graduate of george washington university law school, she -- on the third circuit and william rehnquist. he served as a 44 solicitor general of the united states from 2008 to 2009. prior to that, she served as assistant to solicitor general. the only person who held all three positions. he has argued 45 cases in front of the supreme court on a wide array of issues and has also served as counsel of records. he has been consistently recognized as one of the nation's supreme court advocates and has received numerous awards including the attorney general's metal for distinguished service and the attorney general's award for furthering the interest of u.s. national security. on the far side, we have jeff. a supreme court report an

to being a regular contributor, he is an adjunct scholar at the cato institute and founder of the harlan institute. he is the author of three books, an introduction to constitutional law, and two books about obamacare. you will have to tell us where -- whether there is a third book. to my left, gregory garre, global chair of the supreme court and appellate process. a graduate of george washington university law school, she -- on the third circuit and william rehnquist. he served as a 44 solicitor general of the united states from 2008 to 2009. prior to that, she served as assistant to solicitor general. the only person who held all three positions. he has argued 45 cases in front of the supreme court on a wide array of issues and has also served as counsel of records. he has been consistently recognized as one of the nation's supreme court advocates and has received numerous awards including the attorney general's metal for distinguished service and the attorney general's award for furthering the interest of u.s. national security. on the far side, we have jeff. a supreme court report an

he was booted out because harlan kelly and the mayor did not like him, because they're racist. what did they do with synergy? they replaced the synergy contract with another contract of $30 million. we're dealing with a gang, and you want to protect the gang? if you want to protect the gang, then bring in dennis herrera because he's the head master of the gang. thank you for cutting me off at every opportunity you have. >> operator: thank you for your comment. next caller, your line is open. you've got two minutes. >> can you hear me now? >> operator: we can. >> excellent. david pillpel again. so i think four points under general public comment. first, the los angeles sewage spill in the last few days reminds us of the importance of electricity and critical redundancy in the next few minutes. it would be nice to get a check in from [inaudible] and ritchie, perhaps a.g.m. hale, that we've checked the electricity and the pumps that were on top of that at all the water and sewer plants so we don't have any unexpected spills. i don't think we have, and recently, i hope we don't hav

you on this next question, what you suggested is that the concept of color blindness coming from harlan and reiterated by reverend dr. king has been twisted. so some people would say that where we are is deliberate. we have increased not only segregation but class segregation and we have -- we celebrate brown and we practice something else. and yet there's a lack of interest in really grappling with this issue. people are saying, we tried desegregation, integration, it didn't work. others would say, we never tried it. how do we get past that? if that's an accurate portrayal and everyone now wraps themselves around color blindness by saying, let's not look at race. >> i think two things. i think brown does give us that sort of ability to be particularly white americans, the ability to by hypocritical. we tried but it didn't work when in fact we didn't actually try. i think there's the way in which you focus on this is really dig into that empirical work about the long lasting affects of meaningful and quality integration. there's a new book out really looking at the long-term consequence

justice harlan, the great dissenter, later on in the century, there have been some great dissents in this, in the 20th century. justice kagan wrote a barn bern of a dissent just two days ago, or this week about the 6-3 decision on the voting rights act which is almost all gone now. we should have a funeral in arlington for the voting rights act. of course the fifth amendment, which guarantees your right to property has other parts to it which the anti-slavery interpreters are going to seize upon. the due process clause. the if i have'd amendment -- the fifth amendment is itself divided against itself. now, the southern -- the pro-slavery point of view sort of won the day on that one if you just kind of add up the votes and the numbers in the antebellum era, but not in the the long run. and then pro-slavery advocates of the constitution, they really believed with their greatest champion, john c. calhoun that they had the charter on their side. and they did, didn't they? until they didn't. but they are also going look to the tenth amendment. it gets on the bill of rights there. you rea

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