POLITICO Nightly: The post-affirmative action era begins

 

View in browser   BY ANKUSH KHARDORI Presented by Supporters of affirmative action protest near the Supreme Court Building today. | Anna Moneymaker/Getty Images NEXT STEPS — Today the Supreme Court issued a widely anticipated ruling striking down college admissions programs that take race into consideration when selecting which applicants to admit. The decision — which upended nearly 50 years of jurisprudence — has already sent liberals scrambling on two fronts: with lawyers trying to mitigate its effects and Biden’s Education Department and Congress reviewing other longstanding pillars of the college admissions process, including legacy admits. The post-affirmative action era has already begun. The decision concerned two different college admissions programs — one at Harvard, the other at the University of North Carolina — that, in different ways, took race into account when reviewing applications. Harvard receives federal funding, while UNC is a public university, but the distinction proved not to matter to the result. Chief Justice John Roberts issued the ruling, and he was joined by all five of the other conservative justices. The liberals on the court dissented. As a matter of legal realpolitik, none of this was particularly surprising given the current composition of the court, which shifted decisively in favor of conservatives with the addition of Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett during the Trump administration. Conservatives have for decades been wary of race-based programs designed to benefit minorities, and indeed today’s ruling was the capstone to a decades-long crusade by a conservative activist who finally found a hospitable conservative majority that agreed with him. As with the fallout from last year’s overruling of Roe, we can expect two broad sets of responses to today’s decision. First, liberal lawyers and activists are likely to try to cabin and mitigate the consequences, though that could prove challenging given the sweeping language in Roberts’ opinion, which will almost certainly be used in challenges to race-based programs entirely outside the context of college admissions. Meanwhile, conservative lawyers and activists, who had also been anticipating today’s ruling, are likely to try to leverage it to attack programs in those other settings , including in areas as seemingly mundane as corporate internships limited to minority groups. The second set of responses will be political, with liberal condemnation of the ruling already well underway. Shortly after the decision came down today, President Biden offered a blistering statement from a White House podium . He has already directed the Education Department to review college admissions practices, which may come to include one particular target — legacy admissions. That is the practice of giving preferential treatment to relatives of university alumni, which benefits the wealthy and is thought by some to disproportionately disadvantage non-white applicants. The practice is inextricably intertwined with universities’ efforts to bring in donations from alumni. We may also see some movement from Congress in this area, though it would not be the first time. Early last year, two Democrats — Rep. Jamaal Bowman of New York and Sen. Jeff Merkley of Oregon — introduced the Fair College Admissions for Students Act , which would have banned legacy admissions at schools that participate in federal student aid programs, but the bill ultimately never gained momentum. It remains to be seen whether today’s ruling from the court will shift the political dynamics. House Speaker Kevin McCarthy quickly hailed the decision, arguing the justices “just ruled that no American should be denied educational opportunities because of race.” Still, shortly after the decision came down, Bowman and Merkley said that they will reintroduce their bill. “The Supreme Court has yet again taken us back in time by barring institutions of higher education from using race-conscious admissions policies,” Bowman said. “These policies are critical to ensuring that our Black and brown students, who have already experienced redlining and systemic underinvestment in their schools and communities, have an equitable shot at higher education to pursue their dreams.” Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com . Or contact tonight’s author at ankush.khardori@gmail.com .   A message from Bank of America: Transitioning public transportation to clean energy could reduce global CO₂ emissions by 20%. Proterra is developing safer, cleaner, more reliable transportation — with the support of partners like Bank of America.   WHAT'D I MISS? — Supreme Court to rule Friday on student loans, LGBTQ rights: The Supreme Court is expected to announce rulings on student loan forgiveness and LGBTQ protections Friday , the final cases still pending before the Court begins its summer recess. At the close of today’s session, Chief Justice John Roberts announced that Friday will be the final day for the court to issue opinions in this term’s argued cases. The court is set to announce rulings on a pair of cases that challenge President Joe Biden’s bid to forgive over $400 million in student loans, a policy that would relieve the debt of over 40 million Americans. — Prosecutors charge three men with insider trading scheme related to Trump’s media company: Federal prosecutors in New York charged three investors today with an insider trading scheme in which they allegedly made more than $22 million in illegal profits by acting on information about a plan to take former president Donald Trump’s media company public. The three men — Michael Shvartsman, Gerald Shvartsman and Bruce Garelick — were investors in a special purpose acquisition corporation called Digital World Acquisition Corporation, which had plans to take public Trump’s company Trump Media & Technology Group. As investors, they learned of the confidential plans for Trump’s media company and they were prohibited by non-disclosure agreements from disclosing or using the information to buy or sell securities, according to an indictment unsealed today. — Biden admin finalizes student debt ‘safety net’ as repayment looms: Biden administration officials are devising plans to ease the sting of requiring tens of millions of Americans to resume paying their student loans this fall for the first time in more than three years. The Education Department in recent weeks finalized a three-month grace period for missed payments once student loans come due in October and directed loan services to be “prepared” to extend that flexibility for subsequent 90-day periods, according to two people familiar with the discussions. Once interest accrual resumes on Sept. 1, under the department’s current plans, it would continue to pile up even if borrowers miss payments.   SUBSCRIBE TO POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don’t miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY .     NIGHTLY ROAD TO 2024 KOCH CASH — The political network established by the conservative industrialists Charles and David Koch has raised more than $70 million for political races as it looks to help Republicans move past Donald J. Trump, reports the New York Times. With some of this large sum to start, the network, Americans for Prosperity Action, plans to throw its weight into the G.O.P. presidential nominating contest for the first time in its nearly 20-year history . The network spent nearly $500 million supporting Republican candidates and conservative policies in the 2020 election cycle alone. The Koch network’s goal in the 2024 presidential primaries, which has been described only indirectly in written internal communications, is to stop Mr. Trump from winning the Republican nomination. In February, a top political official in the network, Emily Seidel, wrote a memo to donors and activists saying it was time to “have a president in 2025 who represents a new chapter.” TEAM OF RIVALS — Democratic presidential candidate Marianne Williamson compared a string of resignations among her campaign staff to Abraham Lincoln’s search for a top general during the Civil War. Asked by The Messenger on Wednesday about her quixotic campaign losing two campaign managers and other top staff , Williamson said, “Do you know how many generals Lincoln went through to get to Ulysses S. Grant? He went through 12 generals and I don’t think anyone would say he was not an effective leader.” The departures come after reports that Williamson’s campaign has been “plagued by staff turnover and internal dysfunction” in part because of the candidate being a “nightmarish boss” who makes “demeaning” comments to staff.   A message from Bank of America:     AROUND THE WORLD French citizens protest in Nanterre after a 17-year-old was killed during a traffic stop on Tuesday. The French police officer who shot and killed the driver will be investigated for voluntary homicide, following two days of fires and violent protests, officials said. | Michel Euler/AP Photo ON EDGE — The violent unrest that has spread across France since a teenager was killed by police in a Paris suburb has raised the specter of riots that rocked French suburbs for weeks in 2005 — and Emmanuel Macron’s government is scrambling to stop that from happening again, writes Clea Caulcutt . This morning, the French president called an emergency Cabinet meeting in the wake of overnight clashes in French cities after a 17-year-old was shot by police on Tuesday during a traffic stop in Nanterre, a western Paris suburb. The government decided to cancel all “non-priority” trips by ministers, the government’s latest move to dial down tensions that are gripping the nation. Macron’s own response to the images of a police officer shooting Nahel M.(his full name has not been given) was swift and unequivocal. While some questioned whether the police officer had felt threatened by the teenager, the president spoke of “the emotion of the nation” and said the killing was “inexplicable” and “inexcusable.” Instructions have also been issued to police officers to avoid behavior that would stir up tensions in France’s impoverished banlieues, according to Paris Playbook. Interior Minister Gerald Darmanin said some 40,000 police officers were being deployed across France. ANOTHER ROUND — Jens Stoltenberg is set to stay on as NATO’s chief for another year , four people familiar with the decision told POLITICO. A U.S. official said the secretary general’s leadership extension is “a done deal.” Asked if that was the case, a senior diplomat from Western Europe said “yes,” adding it “will be formalized next week.” A senior diplomat from Eastern Europe and a senior NATO official also confirmed there is consensus within the alliance for an extension. Stoltenberg, a former Norwegian prime minister, has been serving as NATO’s chief since 2014 and has already had his mandate extended multiple times. NATO allies spent months mulling a successor, with leaders such as Danish Prime Minister Mette Frederiksen and U.K. Defense Secretary Ben Wallace under consideration, before opting to stick with the current secretary general.   STEP INSIDE THE WEST WING : What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today .     NIGHTLY NUMBER 2 percent The percentage the economy grew in the first quarter, a jump from GDP estimates of 1.3 percent and a boon for the Biden administration. The numbers land as Biden and other top administration officials are fanning out across the country, including visits to deep red Republican districts, to spotlight government programs and tax credits intended to aid the middle class. RADAR SWEEP DRUGGED UP — According to many reports, routine drug use — often “microdosing,” or taking a small amount — of substances like ketamine, LSD and psilocybin, is all the rage in Silicon Valley . Tech executives and employees are arguing that in small doses, these drugs make them more productive and more creative, among other benefits. But that’s far from settled science. For The New Republic, Timothy Noah looks into this trend and some of its historical analogues — including during World War II. PARTING IMAGE On this date in 2009: Bernie Madoff received a 150-year prison sentence for orchestrating the biggest Ponzi scheme in history. Madoff victim Richard Friedman speaks to the media outside Manhattan federal court. | Louis Lanzano/AP Photo Did someone forward this email to you?  Sign up here .   A message from Bank of America: The EPA estimates that the transportation sector accounts for more than one-quarter of energy-related CO₂ emissions worldwide. While much attention has been paid to lessening these emissions by transforming light-duty passenger vehicles, there’s also ample opportunity to innovate heavy-duty commercial vehicles used for public transportation — especially diesel buses. To counter these emissions, Proterra is developing innovative solutions that drive sustainability, with the support of partners like Bank of America. Proterra is a leader in the transition to zero-emission, electric commercial vehicles, including electric transit buses, school buses, delivery trucks and more. To help companies like Proterra achieve their business goals, Bank of America has committed $1.5 trillion towards sustainable finance by 2030. This funding will help society transition to a low-carbon future. Watch to learn more.     Follow us on Twitter Charlie Mahtesian @PoliticoCharlie Calder McHugh @calder_mchugh Katherine Long @katherinealong   FOLLOW US

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