The Hill’s 12:30 Report — SCOTUS upends college affirmative action policies

Supreme Court in Washington, D.C
Greg Nash
The Supreme Court in Washington, D.C., is seen on Tuesday, June 27, 2023 as the court decides its’ final opinions near the end of their term.

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*Ha. Haha. Hahah. Sniff. Haha. Sniff. Ha–breaks down crying hysterically. 

TALK OF THE MORNING

Affirmative action is over – Supreme Court deals major blow to race-based policy:

As the term winds down, the Supreme Court has essentially gutted the use of race as a factor in college admissions with a pair of rulings that upends decades of affirmative action programs.

The rulings broke along ideological lines — six conservative justices in favor and the three liberal justices against (except on one of the two cases when Justice Ketanji Brown Jackson had to recuse herself because of her ties to Harvard).

The cases specifically dealt with Harvard University and University of North Carolina at Chapel Hill’s race-driven admissions programs, ruling they do not comply with the 14th Amendment’s equal protection guarantee.

“Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points,” Chief Justice John Roberts wrote in the majority opinion. “We have never permitted admissions programs to work in that way, and we will not do so today.”

“At the same time, as all parties agree, nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise,” he continued.

The Supreme Court had upheld affirmative action, or policies that colleges have used to favor applicants based on past discrimination, which has tended to favor Black and Hispanic students. Universities have relied on the effort to more broadly diversify their student populations. 

More from The Hill here.

But, but, but: Justice Sonia Sotomayor blasted the majority’s ruling in a biting dissent, suggesting that it “rolls back decades of precedent and momentous progress.” (The Hill)

READ: The full court order can be found here.

IN OTHER COURT NEWS:

The court ruled unanimously in favor of a Pennsylvania postal worker who argued he risked being fired if he didn’t deliver Amazon packages on Sundays, despite its negative impact on his ability to observe his Christian religious beliefs and practices.

The High Court ruled decades ago that employers had to “reasonably accommodate” employees on religion but it shouldn’t put an “undue hardship” on the business.

The new Supreme Court determined that a lower court was too quick to dismiss the case and should take another look at it and the precedent it would set.

“We think it is enough to say that an employer must show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business,” Justice Samuel Alito wrote in the court opinion. (The Hill)

WHAT’S NEXT?:
The court still has two major cases left, and the clock is ticking on this term. Rulings are expected Friday, unless the court punts to another week.

Student loan forgiveness: The court is set to decide whether President Biden‘s federal student loan forgiveness program that would wipe out debt for millions of Americans should go forward.

The administration announced the $400 billion plan in September, but it met pushback from some conservative critics, who argued that Biden overstepped his authority and that the plan is discriminatory.

Gay rights redux: The court also took up the case of a Christian graphic artist who doesn’t want to make wedding websites for same-sex couples, even though Colorado state law requires that businesses open to the public provide services without discrimination.

The web designer, Lorie Smith, has argued that the law violates her religious rights. Opponents argue that a ruling in her favor would open the floodgates for discrimination based on other factors, such as race, gender and religion.

It’s Thursday, June 29. I’m Elizabeth Crisp, filling in for Cate, with a quick recap of the morning and what’s coming up. Did someone forward this newsletter to you? Sign up here. Send me your tips: ecrisp@digital-release.thehill.com and follow me on Twitter @elizabethcrisp.

🔵🔴️ In Congress

House GOP eager for impeachment talks but divided on first target:

President Biden? Attorney General Merrick Garland? Homeland Security Secretary Alejandro Mayorkas?

House Republicans are raring to go on impeachment articles for members of the Biden administration, after watching former President Trump be impeached twice when Democrats controlled the chamber.

But where to begin?

The Hill’s Rebecca Beitsch and Emily Brooks report that the answer isn’t so clear-cut and continues to shift. The House is out of session through the coming week.

From Beitsch and Brooks’s story: “In May and June alone, lawmakers introduced 11 different impeachment resolutions for top Biden officials, five of them sponsored by Rep. Marjorie Taylor Greene (R-Ga.). Aside from Biden, Garland and Mayorkas, Greene also has her sights on FBI Director Christopher Wray and Matthew Graves, the U.S. attorney for the District of Columbia.

The Hill duo break down what’s behind impeachment talk for the major players in this story.

Breaking down the latest in the Hunter Biden controversy:

The Hunter Biden saga rolls on.

An Internal Revenue Service whistleblower, Gary Shapley, has provided a new twist in the steady interest in the business dealings of President Biden’s son.

Shapley’s testimony to House Ways and Means Committee counsel was released to the public last week.

The Hill’s Niall Stanage breaks down key points in the latest development.

🏃 2024

Christie bashes DeSantis over Jan. 6 remarks: ‘Did he have a TV?’

Republican presidential candidate Chris Christie has another bone to pick on the campaign trail. After steadily bashing former President Trump, the former New Jersey governor turned his attention to fellow 2024 GOP hopeful Ron DeSantis, the governor of Florida, over his comments about the Jan. 6, 2021, attack on the Capitol.

DeSantis, during a campaign event in New Hampshire, answered a question about responsibility for the riot, by saying he wasn’t near the Capitol that day.

“He wasn’t anywhere near Washington?” Christie said during a CNN interview. “Did he have a TV? Was he alive that day? Did he see what was going on? I mean, that’s one of the most ridiculous answers I’ve heard in this race so far.” (The Hill)

Indictment taking a toll on Trump?:

Former President Trump’s support among Republican voters has taken a slight hit after he was indicted in a federal case over his handling of classified documents, according to a new poll.

About 60 percent of Republicans surveyed in the AP-NORC poll said they view Trump favorably — down from 68 percent in April. About 38 percent of Republicans said they have an unfavorable view of Trump — up from 30 percent in April. (The Hill)

ON THE DEM SIDE: Biden digging for dollars in wealthy Democratic enclaves (The Hill)

2024 OUTLOOK TODAY: Election handicapper identifies four ‘toss-up’ states in presidential race (The Hill)

🇺🇸 In other news

American pride still low in latest Gallup poll:

Proud to be an American? Maybe not so much, according to a new Gallup poll that comes just days before the nation celebrates the July 4 holiday.

Just 39 percent of adults surveyed said they are “extremely proud” to be an American, the poll found.

Republicans were twice as likely as Democrats to say they are extremely proud.

Putting it into context: When Gallup first started polling the proudness question in January 2001, 55 percent of respondents said they had extreme pride in being an American.

After the Sept. 11, 2001, terrorist attacks, there was a surge, and the number hit 70 percent between 2002 and 2004. (The Hill)

🐥 Notable tweets

Code Red! Air quality is BAD in D.C. today:

It’s a Code Red day, air quality-wise, thanks to the return of the wildfire smoke wafting down from Canada. “Shorten time you are active outdoors. Save outdoor activities for days when air quality is better,” AlertDC tweeted this morning in a series of warnings and helpful charts.

On tap

The House and Senate are out this week. It’s a busy day in Biden World: President Biden is heading to New York today for campaign events, and Vice President Harris is heading to New Orleans for the annual Essence Fest.

  • 10 a.m.: President Biden received the Presidential Daily Briefing.
  • 12:15 p.m.: Vice President Harris left D.C. en route to New Orleans.
  • 12:30 p.m.: Biden is delivering remarks on the Supreme Court’s decision on affirmative action.
  • 12:45 p.m.: Biden is leaving the White House ahead of his trip to New York City.
  • TBD: Press secretary Karine Jean-Pierre will brief reporters aboard Air Force One en route to New York.
  • 2 p.m.: Biden is expected to arrive in New York.
  • 3:45 p.m.: Harris will participate in a discussion on the Biden administration’s economic policies as part of a lead-in to the annual Essence Festival.
  • 4 p.m.: Biden will join MSNBC’s Nicolle Wallace for a live interview.
  • 5:30 p.m.: Biden will take part in a campaign reception.
  • 7:30 p.m.: Harris will take part in a campaign reception.
  • 7:40 p.m.: Biden will take part in his second campaign event of the day.
  • 9:05 p.m.: Biden will depart New York.
  • 10:50 p.m.: Biden is scheduled to make it back to the White House.

All times Eastern.

📺 What to watch

  • 12:30 p.m.: President Biden is delivering remarks on the Supreme Court’s decision on affirmative action. (Watch here
  • TBD: Press secretary Karine Jean-Pierre will brief reporters aboard Air Force One en route to New York. (Listen here)
  • 4 p.m.: Bidenwill join MSNBC’s Nicolle Wallace for a live interview. (Check local listings for MSNBC or go here to watch it online)

🏝️ In lighter news

Today is International Day of the Tropics! It’s no joke: The United Nations marked this special day in 2016 to recognize the critical role the world’s tropical region plays in the ecosystem. Obviously, the tropics are also an ideal vacation destination if you want to enjoy the sun, beach and water.

If you can’t make it to an island beach today, that’s OK. Put on a swimsuit and watch your favorite tropical island movie or TV show, play some tropical tunes and enjoy a frozen drink. Make your own oasis (while others are stuck in the airport)! 🍹

And because you made it this far, check out this video of a pup that is so dang excited about his new prosthetics. 🥰

Tags 2024 presidential election affirmative action air quality Chris Christie Donald Trump Hunter Biden impeachment Jan. 6 Capitol riot Joe Biden John Roberts Ketanji Brown Jackson Lorie Smith President Joe Biden Ron DeSantis SCOTUS

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