Affirmative action is under attack. A lawsuit filed against Harvard might end the practice altogether. Professor Randall Kennedy of Harvard Law acknowledges the costs of affirmative action but considers it ultimately a “positive good,” a moral necessity, and a legally defensible practice. Kennedy explains why affirmative action is the responsible choice in our nation burdened by a history of racial injustice – and how his thinking evolved from the election of Obama to the state we're in now.

Uli Baer teaches literature and photography as University Professor at New York University. A recipient of Guggenheim, Getty and Humboldt awards, in addition to hosting "Speaking of…” he hosts (with Caroline Weber) the podcast "The Proust Questionnaire” and is Editorial Director at Warbler Press. Email [email protected]; Twitter @UliBaer.

Learn more about your ad choices. Visit megaphone.fm/adchoices