Today, the Supreme Court today upheld the University of Texas at Austin’s (UT) consideration of race and ethnicity in college admissions. The ruling came in a case, Fisher v. University of Texas at Austin, about the admissions practices at the UT, but will likely affect admissions and financial aid policies in most institutes of higher education.
In a 4-3 decision, the court ruled that that the primary reason that the plaintiff in the case was denied admission to the university was not its consideration of race in admissions, but of Texas’ “10 percent plan.” The plan, as enacted by the Texas legislature, allows students within the top 10 percent of their high school graduating class to be admitted to the public college or university of their choice.
The university does have “a continuing obligation to satisfy the strict scrutiny burden: by periodically reassessing the admission program’s constitutionality, and efficacy, in light of the school’s experience and the data it has gathered since adopting its admissions plan, and by tailoring its approach to ensure that race plays no greater role than is necessary to meet its compelling interests.”
Congress is back for a few days before the Fourth of July Recess. The House and Senate return tomorrow, and the House will recess on Friday making the Fourth a two week recess. The Senate plans on being in session though Friday, June 24th.
The Senate reconvened today and is expected to resume consideration of FY 2017 CJS Appropriations bill. Also for Monday, the Senate has scheduled four votes on competing, partisan plans aimed at prohibiting suspected terrorists from buying guns and strengthening background checks for gun sales. A nearly 15-hour Democratic filibuster aimed at forcing a vote to restrict gun sales prompted the votes, but with 60 votes needed to advance a measure under Senate rules, none of the proposals may have enough support to get adopted.
The House reconvenes Tuesday and is expected to consider measures under suspension of the rules, including several cyber security bills. For the remainder of the week, the House will consider the FY 2017 Financial Services and General Government appropriations bill.
Here’s a selection of articles the Federal Relations team is enjoying this week.
No Credit –The Education Department on Wednesday recommended that the organization that accredits many of the nation’s for-profit colleges and vocational schools shouldn’t be recognized, a step that could threaten access to nearly $5 billion in federal financial aid for more than 800,000 students. The decision also has the potential to hasten the consolidation of the for-profit college sector as it could drive out of business many schools that lose access to student loans as well as students leery of attending schools under the regulatory microscope. Read more at The Wall Street Journal.
Tree Lined Paths (AOC)
Game Over – Russia’s track and field team has been barred from competing in this summer’s Rio Games because of a far-reaching doping conspiracy, an extraordinary punishment that might be without precedent in Olympics history. Read more in The New York Times.
Gun Control – After a 15 hour filibuster this week, the Senate is set to begin a series of gun-related votes as early as Monday, with Democrats pledging to work through the weekend to secure GOP support. Read more in Roll Call.
Perks – When public college or university presidents are hired, their salaries always attract attention. But new research suggests the real growth in executive costs may be due to expenses and benefits, which these days go beyond the charge to live in the president’s mansion. Presidents’ contracts have become long, complex and stuffed with extra benefits going far beyond base salary and a place to live, according to new research from James Finkelstein, a public policy professor at George Mason University who has been analyzing presidential contracts for several years. Finkelstein is scheduled to share his findings at the American Association of University Professors’ annual conference Thursday in Washington. Read more at Inside Higher Ed.
Zika – The Senate agreed by voice vote Wednesday night to join the House in formal negotiations over a Zika virus response package, the latest incremental step toward clearing a bill for President Barack Obama’s signature. Read more in Roll Call.
Yughly Terrible – GOP insiders said Trump’s response to the incident was “only fair” or “poor” — with nearly half of all Republicans rating it poor. Read more at Politico.
Here’s a selection of articles Federal Relations is reading this week.
Top 10 – Senate Republicans are in a tough position this year to defend their majority. While Senate Democrats only have to defend 10 seats, Republicans have to defend 24 seats — most of them in blue or purple states. The Hill has the top 10 most likely to flip Republican seats.
Dome Restoration – March 2016 (AOC)
No 2 – Here’s a look at who Hillary Clinton could pick as her running mate. Read more at NBC.
BAD Idea – For the first time this year, colleges are required to publicly disclose the number of rapes, broken out from sexual assaults, reported on their campuses. That means it’s possible to create a list of the most rape-ridden colleges in the US. Read more at Vox.
ReBrand –For the second time in less than a decade, the industry association representing colleges and universities has changed its name, part of a three-year plan to reverse dramatic enrollment declines that have resulted in closings and bankruptcies. The Association of Private Sector Colleges and Universities will become Career Education Colleges and Universities, or CECU, it announced at its annual convention here. The new group, which has lost several of its for-profit members, will also welcome nonprofit institutions for the first time. Read more in The Hechinger Report.
No Agreement in Sight – Sexual assault is a huge problem in the US military. And for many victims, the process of reporting their crime and seeking justice can be as traumatic as their assault. Congress, Americans, and the military agree something needs to change, but there’s a profound disagreement on how, and how much, the system needs to change. Read more at Vox.
History Lesson – A similar scenario to Donald Trump’s candidacy unfolded in 1848, when General Zachary Taylor conquered the Whig Party as nominee…and it broke the party. Read more in Politico.
First to Fall – Several states held primaries on Tuesday. While, a Democratic incumbent has already lost the primary, Tuesday saw the fall of the first GOP member, the embattled Renee Elmers, who’s endured a series of unfortunate events including a scandal over an affair, the Tea Party turning against her, and redistricting. Roll Call had the preview.
A Day in the Life – Official White House photographer Pete Souza has chronicled the most intimate, candid and comical moments of Barack Obama’s two-term presidency. See the photos and story at The Guardian.
In a Statement of Administration Policy issued by the Office of Management and Budget, the White House issued a veto threat on the Senate NDAA and contends the legislation would “hinder” the administration from executing defense and foreign policy.
“Specifically, the bill attempts to micromanage DoD by impeding the department’s ability to respond to changing circumstances, directing overly prescriptive organizational changes, preventing the closure of Guantanamo and limiting U.S. engagement with Cuba, and includes provisions that set an arbitrary limit on the size of the president’s National Security Council staff,” the White House said.
The veto threat comes during the second full day of Senate floor debate on the annual policy bill.