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.
This week President Obama threatened to veto to House version of the annual defense appropriations legislation in a Statement of Administrative Policy (SAP). Issued by the Office of Management and Budget, the SAP disapproves of the shifting of $16 billion in war funds to the Pentagon’s base budget, funding overseas contingencies only through next April.
The maneuver funds additional procurement, a higher pay raise and more active-duty troops in the Army and Marine Corps, but the administration called the approach dangerous. According to Politico, the White House said: “By gambling with warfighting funds, the bill risks the safety of our men and women fighting to keep America safe, undercuts stable planning and efficient use of taxpayer dollars, dispirits troops and their families, baffles our allies, and emboldens our enemies.”
This week the Department of Education proposed new regulations to make it simpler for defrauded for-profit college students to have their loans forgiven and bans mandatory arbitration clauses in enrollment agreements. In addition, the proposal provides ED with the ability to require for-profits to post collateral if officials have concern regarding the institution’s financial stability and requires institutions with financials strains to disclose those problems to current and prospective students.
