>> Ted: NEXT ON ARIZONA HORIZON, WHAT YOUNG PEOPLE WANT TO KNOW FROM ARIZONA CANDIDATES FROM GOVERNOR AND SUPERINTENDENT OF PUBLIC INSTRUCTION.

LATER IN THE HOUR, THE IMPACT OF RECENT EXTREME WEATHER AROUND THE WORLD.

GOOD EVENING AND WELCOME TO ARIZONA HORIZON.

THE U.S. JUSTICE DEPARTMENT TODAY ANNOUNCED THAT IT WILL MONITOR POLLING SITES IN MARICOPA COUNTY ON ELECTION DAY AND THEY WILL BE IN PIMA, PINAL, YAVAPAI, AND NAVAJO COUNTIES.

THE DOJ SAYS IT'S CIVIL RIGHT'S DIVISION ALONG WITH U.S. ATTORNEY'S OFFICES WILL MONITOR FOR COMPLIANCE WITH VOTING RIGHT'S LAWS AND THEY'RE AMONG 64 JURISDICTIONS IN TWO DOZEN STATES THAT WILL BE SUBJECT TO FEDERAL MONITORS.

ELECTION DAY IS TOMORROW AND MARICOPA COUNTY OFFICIALS ARE DROPPING OFF EARLY BALLOTS TODAY OR VOTE IN-PERSON IF UNABLE TO DO TOMORROW AND TOMORROW, UNCAN DROP OFF YOUR EARLY BALLOT OR VOTE IN-PERSON.

WE WILL HAVE A SPECIAL ONE-HOUR ELECTION 2022 EDITION OF ARIZONA HORIZON AT 10:00 P.M. AND WE'LL GO OVER THE EARLY RETURNS AS WE GET THEM WITH POLITICAL ANALYSTS AND AGAIN, OUR ELECTION NIGHT SPECIAL TOMORROW NIGHT AT 10:00.

>>> EDUCATION FORWARD ARIZONA CREATED A NON-PARTISAN WEBSITE FOR GOVERNOR AND PUBLIC INSTRUCTION.

>> EDUCATION IS EXTREMELY IMPORTANT TO ME AS I BELIEVE THAT IS THE WAY TO PAVE THE PATH FOR THE FUTURE GENERATION.

>> EDUCATION IS IMPORTANT TO ME BECAUSE IT GIVES US AN OPPORTUNITY TO DO THINGS THAT OUR PARENTS NEVER HAD A CHANCE TO DO AND SURPASS AND TO START CHAPTERS OF OUR LIVES THAT GOES BEYOND WHAT WE COULD HAVE THOUGHT OF PUT.

>> Ted: JOINING US IS RICH NICKEL AND ODALIS LOPEZ AND THANK YOU FOR JOINING US.

RICH, THIS IS ED VOTERS ARIZONA AND WHAT THIS ALL ABOUT?

>> SO EARLIER THIS YEAR, WE WENT OUT AND DID A VOTER'S POLL TO REALLY DO A COUPLE OF THINGS AND FIGURE OUT WHAT WAS IMPORTANT TO VOTERS IN THE STATE OF ARIZONA WHEN IT CAME TO EDUCATION ISSUES AND TO FIGURE OUT HOW WE WOULD GET THE CANDIDATES TO START TALKING ABOUT REAL ISSUES AND READ THE RHETORIC THAT DOMINATES THIS SPACE BEHIND.

SO THIS IS REALLY AN OFF-SHOOT OF THE POLL AND BRING THE CANDIDATES TOGETHER AND HAVE STUDENTS ASK THEM QUESTIONS ABOUT REAL ISSUES AND HOW THEY WOULD SOLVE THE ISSUES AND LEAVE THE RHETORIC SO CHARGED BEHIND.

>> Ted: THE STUDENTS WERE CHOSEN IN WHAT WAY?

>> SO ONE OF THE THINGS EDUCATION FORWARD ARIZONA IS KNOWN FOR IS HELPING FUND STUDENTS THROUGH SCHOLARSHIPS AND WE HAD THE OPPORTUNITY TO WORK WITH HUNDREDS AND SOMETIMES THOUSANDS OF GREAT STUDENTS EVERY YEAR.

SO WHAT WE DID IS WENT OUT AND LOOKED AT THE STUDENTS WE HAVE THAT HAVE AN INTEREST IN BEING A PART OF THIS AND THEN WERE LUCKY TO HAVE FOUR GREAT SCHOLAR ARIZONA THE INTERVIEWERS.

>> Ted: ONE OF THE PSYCHOLOGICAL LARSOF THEPSYCHOLOGICAL LARS SCHOLARS IS WITH US, ODALIS LOPEZ.

AND WHAT DID YOU FOCUS ON?

>> I FOCUSED ON QUESTIONS ABOUT HOW WE'LL BE IMPACTED BY THEIR ELECTION AND ABOUT THEIR PLANS FOR BETTERING ARIZONA'S EDUCATION.

>> Ted: WHEN YOU ASKED ABOUT THAT, DID YOU LIKE THE ANSWERS YOU GOT?

>> MY FAVORITE PART WAS GETTING A HUMANISTIC SIDE AND THAT THEY DIDN'T HAVE TO BE DEFENSIVE AND THEY DIDN'T HAVE TO PUT A VIEW THAT WE WANTED TO HEAR, BUT RATHER, LIKE, THEIR PLANS AND I'M VERY HAPPY TO SAY THAT ALL OF THEM HAD GREAT PLANS.

>> Ted: WOW, THAT'S ENCOURAGING!

YOUR QUESTIONS, AND HOW DID YOU TRY TO FORM THE QUESTIONS AND, AGAIN, GOING FOR THE MORE HUMAN ASPECT AS OPPOSED TO TALKING POINTS, CORRECT?

>> UH-HUH.

SO WE WERE VERY FORTUNATE THAT EDUCATION FORWARD PROVIDED US WITH SOME QUESTIONS, AS WELL AS FORMULATED QUESTIONS IN WHAT WE WANTED TO KNOW AND THE INTERVIEWS WERE NOT ANYTHING SUPER FORCEFUL.

THEY WERE OPEN-ENDED QUESTIONS.

>> Ted: THAT'S HOW THIS WAS DESIGNED RICH?

>> WE WANTED TO GIVE THE CANDIDATES A WAY TO TALK ABOUT VIEWS AND SOLUTIONS, SO IT WASN'T A LOT OF BACK AND FORTH, IF YOU WILL, TO A NEW STYLE OR THAT TYPE OF INTERVIEW AND LAYING THESE QUESTIONS OUT FOR THE CANDIDATES AND LETTING THEM RESPOND AND FOLKS CAN COME TO THE WEBSITE AND LOOK AT THOSE EACH ON THEIR OWN AND MAKE WHATEVER JUDGMENTS THEY MIGHT MAKE.

WE WANTED TO PROVIDE GOOD INFORMATION ABOUT EDUCATION AND THEIR VIEWS ON EDUCATION AND MAKING THEIR OWN DECISIONS ON IT.

>> Ted: SOME OF THOSE, REAL QUICK AT SCHOOL, RICH, IMPROVING SCHOOL OUTCOMES.

>> THOSE ARE THE ISSUES WE HEARD PEOPLE WERE CONCERNED ABOUT AS WE WENT WITH OUR VOTER'S POLL AND NOT THE RHETORIC WE HEAR ABOUT CLOSING SCHOOLS DOWN OR GENDER IN THE CLASSROOM OR THINGS OF THAT NATURE.

SO WE WANTED THESE CORE EDUCATION ISSUES TO BE AT THE FRONT AND HAVE THEM TALK ABOUT SOLUTIONS.

>> Ted: YOU THOUGHT THEY HAD GREAT ANSWERS AND DID ANY OTHER ANSWERS SURPRISE YOU IN ANY WAY?

>> NO, I THOUGHT IT WAS HUMBLING TO HEAR WHAT THEY HAD TO SAY.

THE ONE THING THAT EDUCATION FORWARD PROMOTES IS A NON-PARTISAN VIEW.

WE WANT PEOPLE TO SEE AND BE ABLE TO RELATE AND I THINK THAT NO MATTER THE OUTCOME, IT'S A GREAT ONE.

>> Ted: DID ANY OF THE RESPONSES HELP YOU TO DECIDE HELP YOU TO VOTE FOR?

>> I'VE NEVER BEEN SOMEONE THAT CREATES DECISIONS BASED ON WHAT I'VE SEEN ON TV OR WHAT I SEE ABOUT A PERSON.

I LIKE TO VERY MUCH ANALYZE PEOPLE.

SO I THINK THAT IN RECEIVING THEIR HUMBLING QUESTIONS, I WAS ABLE TO FORMULATE THEIR OWN THOUGHTS AND I HOPE OTHER PEOPLE WILL DO THE SAME.

>> Ted: SO THAT SOUNDS LIKE A QUESTION.

>> CREAT,YES, A GREAT EXPERIENCE.

>> Ted: AS FAR AS THE KIDS, IT WAS AN OPPORTUNITY FOR THEM TO SEE THESE CANDIDATES IN A DIFFERENT LIGHT, IN THE LIGHT MOST AMENABLE TO GETTING INFORMATION FROM THEIR END TO HELP THEIR DECISION-MAKING.

>> ABSOLUTELY, AND WE WANT OTHER STUDENTS TO USE IT.

LIKE ADELE SAID, I OF IT GIVE INSIGHT FOR THE STUDENTS.

THESE FOLKS ARE PEOPLE LIKE THEY ARE AND THEY HAVE IDEAS AND SOLUTIONS AND WHEN YOU TAKE THAT OUT OF A DEBATE STYLE SOMETIMES, YOU CAN DIG INTO WHAT THEY HAVE TO SAY.

>> Ted: OVERALL REACTION, WHAT DID YOU HEAR?

>> OVERALL, THEY THOUGHT IT WAS TERRIFIC AND GETTING A LOT OF GOOD FEEDBACK IN GENERAL AND WE'RE HAPPIEST ABOUT THE STUDENT'S EXPERIENCE AND WE THOUGHT THAT WAS ONE OF THE KEYS TO THIS, WAS HOW STUDENTS COULD LEARN FROM THE CANDIDATE'S ANSWERS.

>> Ted: ODALIS, AS FAR AS YOUR GOALS FOR THE FUTURE, DOES THAT HELP SHAPE YOUR GOAL OR WERE YOU MOVING FORWARD ANYWAY?

>> IT WAS HONESTLY AN AMAZING EXPERIENCE AND I'VE WANTED TO KIND OF GET CLOSE TO MY COMMUNITY, ESPECIALLY BEING A MINORITY.

THE FACT I JUST BECAME A CITIZEN, SO I GET TO VOTE FOR THE FIRST TIME.

>> Ted: CONGRATULATIONS.

FOR THE FUTURE, I WANT TO WORK IN THE MEDICAL FIELD AND I'M AT THE COLLEGE OF HEALTH SOLUTIONS.

ULTIMATELY, I WANT GO TO MEDICAL SCHOOL AND BECOME A PART OF THE NEURO SURGERYFIELD.

>> THANK YOU.

>> THANK YOU.

>> Ted: UP NEXT, IS THE FEDERAL GOVERNMENT READY TO IMPOSE CUTBACKS OF COLORADO RIVER WATER ON ARIZONA AND OTHER SOUTHWESTERN STATES?

>> Ted: THERE'S MAN MANDATES IF A STATE DOESN'T FIGURE OUT HOW TO USE MORE WATER AND WE WELCOME KATHRYN SORENSEN FROM THE MORRISON INSTITUTE AND GOOD TO SEE YOU AGAIN.

>> NICE TO BE HERE.

>> Ted: TEN DAYS AGO, THE FEDS KIND OF SAID, LET'S GET THIS DONE.

TALK TO US ABOUT THIS.

>> IT'S AN INTERESTING SITUATION AND, YOU KNOW, BACK IN JUNE THE FEDS CAME OUT AND SAID, HEY, COME UP WITH AN AGREEMENT IN THE NEXT FEW WEEK OR WE'LL IMPOSE OUR OWN SOLUTION AND THAT DEADLINE CAME AND WENT.

THEY'VE COME BACK OUT MORE RECENTLY WITH, BASICALLY, AN ANNOUNCEMENT THAT THEY ARE PREPPING TO TAKE IN LATERAL ACTION.

THE WAY LAKES POWELL AND MEAD WERE UNDER GUIDELINES IN 2007.

THEY HAVE TO ISSUE A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT AND THE ANNOUNCEMENT WAS THAT THEY WERE MOVING FORWARD WITH THIS ENVIRONMENTAL IMPACT STATEMENT TO CHANGE OPERATIONS.

>> Ted: BASICALLY, THEY'RE NOT SAYING WE'LL DO THIS, BUT WE'RE SEGMENT THE PLAN IN PLACE.

>> WE'RE PREPPING TO DO THIS AND THAT'S HOW I ENVISION THIS AND THE FEDERAL GOVERNMENT IS HOPING THERE WILL BE A VOLUNTARY AGREEMENT BETWEEN THE STATES AND THE REPUBLIC OF MEXICO TO ACHIEVE THE LEVEL OF CUTS THEY THINK ARE NECESSARY ON THE COLORADO RIVER.

>> Ted: THIS SOUNDED LIKE THE NOW WAS ARIZONA, CALIFORNIA AND NEVADA, THAT THESE THREE STATES, ESPECIALLY, WE'RE TOLD, GET IT TOGETHER.

>> ABSOLUTELY.

CONDITIONS IN THE LOWER BASIN ARE BAD AND IF WE DON'T CUT SOMETHING LIKE TWO TO FOUR MILLION ACRE FEED ACROSS THE ENTIRE BASIN AND HERE IN THE LOWER BASIN, THEN THERE'S A REAL POSSIBILITY THAT WE HAVE SOME EXCEPTIONALLY DIRE OUTCOMES IN LAKES POWELL AND MEAD.

>> Ted: FROM WHAT I READ, THEY HAD THREE POSSIBLE ACTION PLANS AND TALK US TO ABOUT THE THREE.

ONE OF THEY, THEM, OBVIOUSLY, THEY'LL CUT BACK AND THERE'S WIGGLE ROOM.

>> LIKE I SAID, THEY'RE HOPING THERE'S A VOLUNTARY AGREEMENT AND ONE WAS, YEAH, IF YOU GUYS DON'T ACT AND COME UP WITH A VOLUNTARY AGREEMENT, THEN WE'RE GOING TO EVALUATE ENVIRONMENTAL IMPACT STATEMENT UNDER A CONDITION WHERE WE'RE ACTING UNILATERALLY.

THE SECOND ONE WAS MORE -- IT GAVE THEM WIGGLE ROOM AND AN ENVIRONMENTAL IMPACT STATEMENT TO ADDRESS THE CASE THAT THERE'S A COMBINATION OF FEDERAL ACTION AND VOLUNTARY AGREEMENT.

THE THIRD WAS JUST AN IMPACT STATEMENT DESCRIBING HOW THINGS ARE TODAY.

AND REALLY, THEY NEED THAT.

IT'S CALLED NO ACTION ALTERNATIVE AND THEY NEED THAT TO COMPARE AS A BASELINE WHAT THE OTHER TWO ENVIRONMENTAL IMPACT STATEMENTS WOULD LOOK LIKE.

>> Ted: THIS PREPPING, IT SOUNDS LIKE THEY'LL TAKE PUBLIC COMMENTS UP UNTIL DECEMBER?

>> THEY'LL DO A PUBLIC COMMENT PERIOD AND THIS IS HOW AN EXPEDITED TIMELINE EXPECT FEDERAL GOVERNMENT REALIZES, ESPECIALLY WITH A LA NINA WINTER AND THAT TYPICALLY MEANS LESS KNOW.

THEY REALIZE UNILATERAL ACTION MAY BE NECESSARY.

VOLUNTARY AGREEMENTS MAY NOT NECESSARILY BRING US THE CERTAINTY THAT WE NEED.

SO REALLY, IF YOU LOOK AT THE COLORADO RIVER BASIN, IT MAY BE THAT A COMBINATION OF FEDERAL ACTION AND VOLUNTARY AGREEMENTS ARE WHAT SERVICE BEST.

>> Ted: ARE THERE OTHER OPTIONS?

I WAS READING MODIFYING OPERATIONS AT WHOEVER DAM AND OTHER THINGS THAT COULD BE DONE AND WHAT ARE THE OTHER THINGS?

ARE THEY CONSIDERED?

>> I THINK THEY'VE THROWN EVERYTHING ON THE TABLE.

THEY'RE TRYING TO FIGURE OUT WHAT IS IN THE SECRETARY'S DISCRETION AND THAT'S THE WATER MASTER IN THE LOWER BASIN.

SO THEY'RE TRYING TO FIGURE OUT WHAT IS IN THE SECRETARY'S DISCRETION.

OF COURSE, THERE'S ARGUMENTS ABOUT THAT, RIGHT, AND ARGUMENTS WHAT IS THE DISCRETION AND WHAT MIGHT NOT BE.

I THINK WHAT ACTIONS THEY COULD TAKE THAT MIGHT ENTAIL THE LEAST CONSTERNATION.

>> Ted: IS THERE ANY THOUGHT OF CHANGING GLENN CANYON DAM?

>> YOU KNOW, I WOULD IMAGINE THAT IF WE GET REALLY BAD SNOW PACK THIS YEAR AND LET'S HOPE THAT'S NOT THE CASE, BUT IF WE DO, I WOULD IMAGINE THEY WILL HAVE TO DRASTICALLY LIMIT RELEASES FROM LAKE POWELL.

THEY HAVE TO PROTECT THE INFRASTRUCTURE AND HYDRO-POWER, AS WELL.

I WOULD IMAGINE IN RECENT YEARS, WE'VE SEEN RELEASES FROM LAKE POWELL EVEN AS MUCH AS NINE MILLION ACRE FEET AND 7.5 OR EVEN LESS.

THAT, OF COURSE, WOULD HAVE A REALLY BIG IMPACT ON LAKE MEAD, WHICH IS DOWNSTREAM AND PUSH US CLOSER TO HITTING DEADPOOL, AS WELL.

IT'S NOT A GOOD SITUATION.

>> Ted: YOU MENTIONED HYDROPOWER AND PEOPLE FORGET HOW MUCH HYDROPOWER COMES FROM LAKES MEAD AND POWELL.

>> IT'S A HUGE SOURCE OF PAUL IN THE SOUTHWEST.

POWER IN THE SOUTHWEST.

I'M NOT AN EXPERT IN POWER, BUT THE WESTERN ELECTRICAL GRID, THEY SAY, WILL BE STABLE AND CERTAINLY, THIS IS NOT IDEAL.

>> Ted: WHAT DOES ALL OF THIS MEAN FOR COLORADO RIVER, WATER A A AALLOTMENTS, YOU AND ME WATCHING?

>> WE HAVE GROUNDWATER RESERVES AND WE'VE BEEN BANKING WATER IN OUR AQUIFERS FOR MANY DECADES AND UTILITIES FOR THE MOST PART HAVE SEEN THIS COMING.

THEY HAVE PUT DOWN ALTERNATIVE PLANS TO USE ALTERNATIVE WATER SUPPLIES.

IF WE DON'T A LOT TAKE REALLY DRASTIC ACTION IN THE COLORADO RIVER BASIN, WE COULD BE LOOKING AT REALLY WORSE CASE OUTCOMES LIKE DEADPOOL IN LAKE MEAD.

THE FEDERAL GOVERNMENT HAS AN OBLIGATION TO DO EVERYTHING IN THEIR POWER TO AVOID THAT.

>> Ted: DEADPOOL TEA DEFINED AS?

>> NO WATER COMES OUT THAT DAM?

IT WREAKS HAVOC.

THERE'S A HUGE AMOUNT OF ENVIRONMENTAL HABITAT EXIT WOULD BEAND ITWOULD BE A DIRE SCENARIO.

>> Ted: WHAT DO WE WATCH FOR NOW?

THE FEDS SAID GET IT TOGETHER OR WE DO IT FOR YOU AND WHAT DO WE LOOK FOR?

>> NEGOTIATIONS DO CONTINUE AND THE STATES CONTINUE TO MEET VERY REGULARLY WITH THE FEDERAL GOVERNMENT AND THE TRIBES TO TRY TO COME UP FOR SOLUTIONS TO THIS SITUATION.

THERE'S A WATER CONFERENCE IN LAS VEGAS, MIDDECEMBER CALLED THE WATER USER'S ASSOCIATION AND THEY MEET EVERY YEAR.

THE FEDERAL GOVERNMENT ALWAYS PARTICIPATES IN THAT CONFERENCE AND I WOULD EXPECT THEY'RE GEARING UP TO MAKE ANNOUNCEMENTS DURING THAT TIME, IF NOT BEFORE.

AND THEN, WE HAVE TO WAIT AND SEE WHAT MOTHER NATURE DOES TO US IN TERMS OF SNOW PACT.

>> Ted: KATHRYN SORENSEN, THANK YOU FOR BEING HERE.

>> NICE TO BE HERE.

>> Ted: THE U.S. SUPREME COURT HEARD ARGUMENTS IN TWO CASES LOOKING AT HOW RACE IS TAKEN INTO CONSIDERATION IN ADMISSIONS PROGRAMS AT COLLEGES AND UNIVERSITIES AND THE HIGH COURT COULD GREATLY IMPACT MINORITY APPLICATIONS IN THE JUSTICES RULE THAT RACE CONSCIOUS ADD MINISTERS AREADMISSIONS ARE UNLAWFUL.

>> THEY HAVE TO TAKE RACE INTO CONSIDERATION IN A HOLISTIC EVALUATION FOR ADMISSION TO THE UNIVERSITY AND IT COULD NOT BE A QUOTA SYSTEM OR A SPECIAL ADMISSION'S TRACK OR RACIAL MINORITIES BUT RACE COULD BE ONE FACTOR AND THIS IS A PART OF THE SUPREME COURT'S APPLICATION OF WHAT'S CALLED STRICT SCRUTINY AND THIS APPLIES TO RACIAL CLASSIFICATIONS THAT ARE USED BY GOVERNMENT ORGANIZATIONS OR UNIVERSITIES AND IT SAYS THAT RACIAL REFERENCES CAN BE USED IN UNIVERSITY ADMISSIONS IF THOSE PREFERENCES ARE VERY CAREFULLY CRAFTED TO ACHIEVE A COMPELLING INTEREST AND IN THIS CASE IT'S DIVERSITY.

AND SO, THE DIALOGUE AMONG THE JUSTICES BETWEEN THE ADVOCATES BEFORE THEM HAD TO DO WITH WHETHER OR NOT THESE RACIAL REFERENCES WERE ANY LONGER NECESSARY AND WHAT THE NAME OF THE REFERENCES WERE.

DID THEY GIVE SOME KIND OF AUTOMATIC BENEFIT TO A RACIAL MINORITY OR WERE THEY PART OF A TOTAL PACKAGE OF THAT APPLICATION TO THE UNIVERSITY?

>> Ted: WITH NORTH CAROLINA, AS WELL, UNC AND HARVARD BOTH, BOTH UNIVERSITIES SAID YES, WE HAVE RACE CONSCIOUS ADMISSIONS BECAUSE OF THE PRECEDENT YOU MENTIONED, BUT THIS IS WHY WE DO IT.

YOU'RE SAYING THE COURT WANTS TO KNOW HOW FOCUSED THOSE REASONS ARE?

>> THE FOCUS OF THE DIALOGUE HAD TO DO WITH A SERIES OF BOXES ON THE APPLICATIONS ITSELF THAT ENABLED AN APPLICANT TO SELF-IDENTIFY INTO A RACIAL MINORITY AND THAT'S A SELF-CLASSIFICATION THAT THE STUDENT UNDERTAKES AND WHETHER IT SHOULD EXIST ON THE APPLICATION PROCESS.

ONE OF THE INTERESTING PIECES OF ORAL ARGUMENT HAD TO DO WITH WHETHER OR NOT STUDENTS COULD REFER TO THEIR RACE IN THEIR ADMISSION'S ESSAYS.

IT SEEMED THAT EVERYONE AGREED THERE WOULD BE NO PROHIBITION WITH A STUDENT TALKING IN THEIR ADMISSION'S ESSAY OVERCOMING DISCRIMINATION IN ITS CONTEXT.

THAT WOULD BE PERMISSIBLE UNDER THE EQUAL PROTECTION CLAUSE OR IN THE CASE OF HARD HARVARD, IT'S TITLE 6 OF THE CLAIM.

THEY SAID THAT WOULD BE FINE.

IT'S HOW MUCH OF AN IMPACT DOES THE BOX CHECKING EXERCISE CHECKING EXERCISE HAVE AND HOW MUCH DOES THAT GIVE OR OTHER STUDENTS SEEKING ADMISSION TO THE UNIVERSITY.

>> Ted: THEY SAID YOU CAN'T TALK ABOUT RACE NOW AND THAT DOESN'T SEEM FAIR TO HER.

>> THAT WAS HER CONCERN AND THE ADVOCATES AGREED THAT TALKING ABOUT RACE IN THE ESSAY ITSELF WOULD NOT BE A PROBLEM AND SHE WAS CONCERNED STUDENTS COULDN'T EVEN TALK ABOUT THE RACE OR RACIAL DISCRIMINATION IN ESSAYS.

THAT MAY HAVE BEEN PUT TO REST IN THE ORAL ARGUMENT.

BUT A LOT OF THE OTHER ISSUES HAD TO DO WITH WHEN DO WE SEE AN END TO AFFIRMATIVE ACTION?

I THINK THAT WAS A VERY IMPORTANT PART OF THE ORAL ARGUMENT BECAUSE IN GLITTER DECISION IN 2003, WE HOPE TO SEE AN END TO THE NEED FOR THIS KIND OF REFERENCE IN THE PROCESS IN ABOUT 25 YEARS.

AND SO WE'RE COMING UP UPON THAT.

AND THE CONSERVATIVE JUDGES, THE JUSTICES WERE WORRIED WHEN WE'LL KNOW THAT END IS NEAR AND WHAT KIND OF MEASURES WILL WEE WE USE TO KNOW WHEN THAT WILL PHASE OUT PREFERENCES.

THEY WERE CONCERNED THAT WOULD NEVER HAPPEN, FRANKLY.

>> Ted: LAST QUESTION HERE, AT THE IMPACT ON AFFIRMATIVE ACTIONS, THE PROCESSES IN GENERAL, WHAT DOES THE IMPACT IF THE COURT DECIDES AGAINST THESE PROGRAMS?

>> IN SOME STATES, SUCH ARIZONA AS, STATE CONSTITUTIONAL AMENDMENTS PROHIBIT THIS NOW.

BUT ELSEWHERE, THIS COULD HAVE A MAJOR IMPACT AND WE SAW, FOR EXAMPLE, IN CALIFORNIA WE SAW SIGNIFICANT DECLINE INITIALLY IN RACIAL DIVERSITY IN THOSE UNIVERSITY CLASSES THAT THEY CAME IN, BUT THAT HAS CHANGED A LITTLE OVER TIME AND WE'VE SEEN AN UPTICK BECAUSE OF, REALLY, SUSTAINED OUTREACH EFFORTS BY THE ARIZONA TO REACH MINORITY UNIVERSITIES AND SEEN AN INCREASE OF THE INCOMING CLASSES AND NO DOUBT THAT INITIALLY, AS WE SAW IN CALIFORNIA, MICHIGAN, THERE WILL BE A SIGNIFICANT IMPACT ON MINORITY ADMISSIONS ACROSS THE COUNTRY.

>> Ted: YOUR GUT INSTINCT SAYS THEY'LL OVERTURN THIS?

>> MY GUT INSTINCT SAYS APPOINTED BY THE TRUMP ADMINISTRATION ARE UNCOMFORTABLE WITH THESE KIND OF RACIAL CLASSIFIATIONS.

CLASSIFICATIONS.

>> Ted: THAT'S IT FOR NOW.

THANK YOU FOR JOINING US AND YOU HAVE A GREAT EVENING.

COMING UP ON CRONKITE NEWS, JUST HOW EFFECTIVE ARE NEGATIVE POLITICAL AD?