Commentary
Commentary: Affirmative Action’s Death Knell Now Loud and Clear
Was the Manhattan DA Alvin Bragg — the man who could make history as the first prosecutor to indict a former president — an affirmative action recipient? Why would anyone ask that? But we know it’s the kind of slight all people of color face. After the incredulous ask, “What are you doing here?”

By Emil Guillermo
Was the Manhattan DA Alvin Bragg — the man who could make history as the first prosecutor to indict a former president — an affirmative action recipient?
Why would anyone ask that?
But we know it’s the kind of slight all people of color face. After the incredulous ask, “What are you doing here?”
Bragg grew up in Harlem on what is known as “Strivers’ Row,” where accomplished African Americans lived in good homes that matched their high status.
And yet, Bragg also knows what it’s like to be stopped by police just for being a person of color.
He also knows what it’s like to graduate from Harvard College and Harvard Law School.
And now that he’s on the verge of history, the man who is the possible perp of the moment, one Donald Trump, can only denigrate Bragg in accepted racist code, calling him a “Soros-backed animal.”
Trump’s reference to wealthy financier George Soros makes him anti-Semitic as well as anti-Black.
That’s how racist code has evolved.
And now Trump, by virtue of his Supreme Court appointments, is responsible for another evolution — the end of the ability to use “affirmative action” to flog an innocent person of color. That’s because in a few months, the high court is expected to end affirmative action at Harvard and essentially all institutions of higher education.
Since a SCOTUS review last October, there’s been little news as we all hope against hope that a tool for equity and equality isn’t negated by the conservative court.
The silence was broken this past week, when the New Yorker Magazine published excerpts from the trial that had been previously sealed.
The most damning thing revealed was a joke, an assessment of one male Filipino American Harvard applicant, written on official Harvard admissions stationery.
Jose is said to be the son of a farmworker killed by a tractor, who now supports his family of 14 while working as a cancer researcher AND playing football as a 132-pound defensive lineman (incredible considering his slight build). But he played at such a high level that not only was he named California Class AAA Player of the Year, he’s had an offer from the Rams of the NFL.
And let’s not give too much credence to the Nobel Prize he’s won.
“After all, they gave one to Martin Luther King, too,” the admission’s assessment reads. “No doubt just another example of giving preference to minorities.”
Far from an instant admit as a young man bound for greatness, Jose is dismissed as an Asian American likely to go pre-med and become a doctor. Ho-hum.
It’s funny in a gallows humor sort of way, and ready for use by either side of the affirmative action debate.
If you’re for it, it drips with the absurdity of the process.
If you’re against it, well, doesn’t this just ring with institutional racism?
But it’s a joke, essentially like an April Fools’ prank, written by an Asian American (Thomas Hibino) who at the time worked at the Department of Justice’s Office for Civil Rights. Hibino, now retired, wrote it in 2012 to jokingly goad his lunch buddy, William Fitzsimmons, the dean of Admissions at Harvard.
And it was so good even Fitzsimmons appears to have been fooled by it.
That’s not exactly a smoking gun to sink affirmative action. But it does reveal a chummy relationship between the regulator (Hibino) and the regulated (Harvard/Fitzsimmons).
And now it looks more like a decorative “final nail” in the Harvard Affirmative Action case —as if one needs any more nails than six conservative justices.
The unsealing of the trial materials is like a death knell that has broken the silence.
I was wondering about it as I finished up my theatrical projects in New York City this past weekend. In Ishmael Reed’s satire, “The Conductor,” one of the roles I played (besides a Brown Tucker Carlson-type) was Ed Blum, the man spearheading the anti-affirmative action group suing Harvard.
My Blum part is just an off-stage voiceover, but one person in the audience, who spoke to Ed Blum recently, asked me who the person was who did a perfect Ed Blum?
The person didn’t know it was me, a Filipino American Harvard graduate.
Which brings me to the other project, “Emil Amok: Lost NPR Host Found Under St. Marks,” where I tell stories of my Filipino American experience in the white mainstream of media and Harvard.
I invited several Harvard classmates from decades ago to attend my performances. Doctors, lawyers, an Academy Award nominee.
One of them told me he was ashamed about those days when we were brought together through Harvard’s admissions process.
“I just assumed you were like me,” said the white New Yorker, who was admitted to Harvard under the ‘legacy’ policy, which gives some preference to children of alumni.
Later, in an email he expressed this: “I shouldn’t have been so solipsistic and blithely assuming. I should have been more sensitive and curious. That aside, it was incredibly moving and meaningful to be let in now and to have a better sense of who you are.”
It only took 45 or so years for the real magic of affirmative action to happen.
And it did happen before SCOTUS is likely to kill it off.
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NOTE: I will talk about this column and other matters on “Emil Amok’s Takeout,” my AAPI micro-talk show. Listen LIVE most days @ 2 p.m. PST. On Facebook; my YouTube channel; and Twitter. Catch the recordings on www.amok.com.
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Oakland Post: Week of April 2 – 8, 2025
The printed Weekly Edition of the Oakland Post: Week of April 2 – 8, 2025

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Oakland Post Endorses Barbara Lee
Barbara Lee will be able to unify the city around Oakland’s critical budget and financial issues, since she will walk into the mayor’s office with the support of a super majority of seven city council members — enabling her to achieve much-needed consensus on moving Oakland into a successful future.

As we end the celebration of Women’s History Month in Oakland, we endorse Barbara Lee, a woman of demonstrated historical significance. In our opinion, she has the best chance of uniting the city and achieving our needs for affordable housing, public safety, and fiscal accountability.
As a former small business owner, Barbara Lee understands how to apply tools needed to revitalize Oakland’s downtown, uptown, and neighborhood businesses.
Barbara Lee will be able to unify the city around Oakland’s critical budget and financial issues, since she will walk into the mayor’s office with the support of a super majority of seven city council members — enabling her to achieve much-needed consensus on moving Oakland into a successful future.
It is notable that many of those who fought politically on both sides of the recent recall election battles have now laid down their weapons and become brothers and sisters in support of Barbara Lee. The Oakland Post is pleased to join them.
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