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The nation reacts to the latest landmark Supreme Court decision, Senator Bob Casey gets tough on Chi͏‌  ͏‌  ͏‌  ͏‌  ͏‌  ͏‌ 
 
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June 30, 2023
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Principals

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Steve Clemons
Steve Clemons

The Supreme Court struck down the constitutionality of racial preferences in college admissions in a historic, though widely expected, decision.

While there is significant frustration with the decision in progressive circles, it will be interesting to see how the broader public responds: 74% of voters polled in a May Harvard CAPS / Harris Poll agreed that college admissions should be determined “on only qualifications and race should not be a factor.” This view was held by every age group, racial group, and partisan affiliation, including 56% of Black voters and 54% of 18-to-34-year-old voters. Question wording can matter, though: An April NBC News poll on “affirmative action programs” found most voters thought they were still needed, and an AP/NORC poll in May found 63% of respondents opposed the Supreme Court banning consideration of race in college admissions even as the same pool mostly opposed schools factoring it in.

In other news, Morgan Chalfant has early excerpts of a speech Senator Bob Casey will give today arguing that American investment in China needs to be carefully screened and regulated so as not to enhance China’s security interests at the expense of the U.S. Some Republicans have strongly objected to this type of effort that they say amounts to America mimicking China by having the state, rather than the marketplace, determine business decisions.

Priorities

☞ White House: President Biden sat for a roughly 20-minute friendly interview on MSNBC during which he criticized the Supreme Court’s affirmative action ruling, lambasted today’s Republican Party, and repeatedly insisted he hadn’t discussed the Jan. 6 probe or any other specific cases with Attorney General Merrick Garland. The administration will learn the fate of its student debt relief plan when the Supreme Court hands down its final decisions of the term later today.

☞ Senate: Senator Michael Bennet, D-Colo. sent a letter on Thursday to top tech executives asking them to create clear labels and watermarks for AI-generated images to prevent disinformation and abuse. He cited the Ron DeSantis campaign’s recent use of apparently AI generated images of Donald Trump and Dr. Anthony Fauci, which were not labeled and appeared real to casual viewers.

☞ House: Republicans investigating IRS whistleblower claims that the Justice Department mishandled its investigation into Hunter Biden sent requests for transcribed interviews with officials at the DOJ, IRS, and Secret Service. Meanwhile, Rep. George Santos, R-N.Y. will appear in court in Central Islip today for a status conference in his 13-count federal criminal case.

☞ Outside the Beltway: A tech trade group representing Meta, TikTok, Twitter and other companies is suing the state of Arkansas over its new law requiring parental permission for minors to create social media accounts. The challenge to the law, set to go into effect on Sept. 1, comes amid wider discussions about the role social media plays in teen mental health.

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Need to Know
Sergei Surovikin. Sputnik/Gavriil Grigorov/Kremlin via REUTERS

Rob Malley, the U.S. special envoy for Iran, has been placed on leave without pay and had his security clearance suspended amid an internal investigation that a source familiar with the situation confirms to Semafor is related to his handling of classified information. “I expect the investigation to be resolved favorably and soon. In the meantime, I am on leave,” Malley told Axios. He is a central figure in the Biden administration’s efforts to revive the Obama-era nuclear accord with Tehran.

There is no government record of a “standing order” by former President Trump that allowed him to spontaneously declassify classified documents, according to Bloomberg News, which filed a Freedom of Information Act lawsuit against the Justice Department and Office of Director of National Intelligence for the document if it existed. The story contradicts claims by the former president, and confirms what former officials from his White House have previously said.

Russia seems to have detained one of its senior generals, Sergei Surovikin, following a New York Times report that he knew in advance about the Wagner Group’s plans for a mutiny. CNN reports this morning that Surovkin, along with 30 other senior Russian military officials, was a “secret VIP member of the Wagner,” according to documents it obtained.

Transgender influencer Dylan Mulvaney spoke out for the first time since Bud Light faced a mass boycott from conservatives for partnering with her earlier this year. Mulvaney criticized the company for not doing anything to support her and said she has been “scared to leave my house, and I have been ridiculed in public, I have been followed.”

Hunter Biden settled his child support case, ending a long-running dispute between the president’s son and Lunden Roberts, the mother of his four-year-old daughter. Court papers indicated the child would receive some of Biden’s paintings as part of the agreement.

Mike Pence made a surprise visit to Ukraine where he met with Ukrainian President Volodymyr Zelenskyy and made the case for continued U.S. support for Ukraine at a time when the GOP has split on the issue.

Morgan Chalfant

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Beltway Newsletters

Punchbowl News: “Candidate quality” issues could once again stand in the way of Republicans taking back the Senate, much like in 2022, Punchbowl argues. It focuses on the evolving GOP primaries in three states: Wisconsin, Michigan and Pennsylvania.

Playbook: Former Chicago mayor and current U.S. ambassador to Japan Rahm Emanuel talks China, his push for same-sex marriage in Japan — and the possibility of a further future in politics once he’s done with his post abroad (“I’m young enough that I still want to do something in public life,” he said).

The Early 202: The Washington Post interviewed the dean of admissions at the University of Arizona, where race-inclusive admissions have been restricted since 2010, about what the Supreme Court’s decision to end affirmative action in college admissions might mean for universities around the country.

Axios: Speaking of the Supreme Court’s affirmative action decision, Axios analyzes the 237 pages of opinions in the case and says it’s clear the issue was “a lot more raw” for the justices, particularly the three justices of color, than those before the Court usually are.

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Semafor Staff

The fallout from the Supreme Court’s affirmative action decision

REUTERS/Evelyn Hockstein

THE NEWS

America is waking up on Friday to a post-affirmative action world after the Supreme Court’s 6-3 decision. Here’s how the major players in Washington and beyond are reacting to the news, and where they’re planning to take things from here in response.

THE VIEW FROM THE WHITE HOUSE

President Biden’s most significant comment: “This is not a normal court.”

With Dobbs already central to his re-election bid, the comment to a reporter on Thursday is the latest sign Biden is seeking an open confrontation with the conservative justices. The court’s popularity plummeted in polls after Dobbs, but FiveThirtyEight’s Cooper Burton notes some tentative signs it’s begun to recover.

But what you won’t hear the president do is call for an expansion of the court, as some progressives again demanded on Thursday. “I think if we start the process of trying to expand the court, we’re going to politicize it maybe forever in a way that is not healthy,” he said during a rare television interview on MSNBC yesterday afternoon.

The court fight could also elevate Vice President Kamala Harris, who has played a significant role responding to its abortion decision. Speaking at the Essence Festival on Thursday, she said the latest decision showed that “whatever gains we make, they will not be permanent” and must be constantly defended.

THE VIEW FROM THE OBAMAS

The first Black president condemned Thursday’s decision, which was authored by three justices appointed by another president who once offered $50 million for his college records while baselessly suggesting that he was a token admission to Columbia University and Harvard Law School who possibly listed his birthplace as Kenya in the application.

The pain of those kinds of race-baiting taunts came across in Michelle Obama’s statement, which recalled her insecurities about being dismissed as an “affirmative action” student in college. While the admissions program was not “perfect,” she wrote, she strongly supported it: “So often, we just accept that money, power, and privilege are perfectly justifiable forms of affirmative action, while kids growing up like I did are expected to compete when the ground is anything but level.” Barack Obama said the program “allowed generations of students like Michelle and me to prove we belonged.”

THE VIEW FROM 2024 REPUBLICANS

Donald Trump celebrated the decision as “the ruling everyone was waiting and hoping for,” along with the rest of the field. Senator Tim Scott, the most prominent Black candidate in the race, said on Fox that schools should “make sure that all admissions are based on academic scores” and end legacy preferences as well.

Ron DeSantis’ campaign used the occasion to throw a punch, sharing a video of Trump saying he was “fine with affirmative action” in a 2015 Meet The Press appearance. It’s the latest example of DeSantis — who also recently criticized Trump’s Supreme Court picks from the right — attacking Trump as a fairweather conservative.

THE VIEW FROM HARVARD

The higher education world is already seizing on a major caveat in Roberts’ decision that some think may leave a path open to continue factoring race into admissions in some form. “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,” the chief justice wrote.

In other words, students can still get a boost if they write a moving essay about their experience with racism. Harvard University called attention to the line in its statement after the decision came down, while President Biden noted it as he called for colleges to adopt a new standard that gave applicants points for overcoming adversity.

Some higher education administrators are predicting a further shift away from quantifiable metrics like standardized tests, which many schools have already made optional, towards more subjective personal evaluations as schools try to maintain diversity in their classes. “Will it become more opaque? Yes, it will have to,” Danielle Ren Holley, the soon-to-be president of Mount Holyoke College, told the New York Times. “It’s a complex process, and this opinion will make it even more complex.”

THE VIEW FROM CIVIL RIGHTS ACTIVISTS

NAACP CEO and President Derrick Johnson said activists would continue to “hold leaders and institutions accountable for their role in embracing diversity no matter what” and “not allow hate-inspired people in power to turn back the clock and undermine our hard-won victories.” The decision comes as civil rights leaders are also confronting a backlash on the right against “diversity equity and inclusion” initiatives in government, corporations, and education.

THE VIEW FROM THE BOARDROOM

Though today’s decision only focused on academia, it’s already raising questions about the future of corporate diversity efforts. It comes at a moment that anti-affirmative action groups are already mounting legal challenges to rules requiring diversity on company boards. Will Hild, executive director of the conservative advocacy group Consumers’ Research, told the Washington Post the decision would “put the wind in the sails of groups like ours, who want to get the woke, racially based hiring and promotion schemes out of corporate America.”

America First Legal, the organization founded by former Trump adviser Stephen Miller, has filed a number of complaints with the Equal Employment Opportunities Commission accusing large companies of hiring based on race and sex, setting up potential litigation.

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China

Sen. Bob Casey, D-Pa. to warn against China’s ‘economic coercion’

Facebook/U.S. Senator Bob Casey

Sen. Bob Casey, D-Pa. is set to deliver a speech today warning that Washington needs to take further action to protect supply chains from Chinese dominance.

“With an adversary using economic coercion as a geopolitical weapon with impunity, the U.S. needs a more robust strategy and the right economic and legal tools to counter this threat,” Casey will say, according to an advanced copy of the speech obtained by Semafor. “China could intentionally withhold resources to cripple our economy and we need to be prepared.”

Casey, who is up for reelection in 2024 in the battleground state of Pennsylvania, will deliver the speech with union workers and local business leaders. After two years of major investments from Congress in tech, manufacturing, and energy in part to counter China’s position, the remarks are a signal that members still see the issue as a rallying point moving forward.

The senator will also pitch his legislation to screen outbound U.S. private sector investments in China and other “countries of concern” in companies producing weapons systems, medical supplies, and other critical goods. He will say the U.S. should have the power to “prohibit corporations from selling our national security secrets and manufacturing power to our adversaries when it puts our nation at risk.”

Casey introduced his bill last Congress with Sen. John Cornyn, R-Texas and a newer version is expected to be rolled into a larger China package spearheaded by Senate Majority Leader Chuck Schumer, D-N.Y. While it has bipartisan support — and a House counterpart — the legislation has faced resistance from some Republicans on the House Financial Services Committee who are also skeptical of a forthcoming White House executive order on outbound U.S. investment in China.

Morgan Chalfant

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Beltway Media

President Biden put on his media critic hat on Thursday, telling MSNBC’s Nicolle Wallace that he’s been “talking to a lot of reporters” who tell him “there’s no editors anymore on what they do” and that they’re pushed to editorialize because they “need a brand.”

Who are these reporters Biden is talking shop with? Many presidents and politicos have backchannels to favored journalists, but when I looked into this for the New York Times a couple of years ago, I found that Biden really doesn’t. Decades earlier he was close to many reporters on Capitol Hill, and even dated one, but as his own generation retired he didn’t really make new friends in the press. The only name I heard regularly was historian Jon Meacham — though he’s also obviously a regular viewer and fan of Joe Scarborough.

— Ben Smith

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One Good Text

Judy Chu is a Democratic congresswoman from California and chair of the Congressional Asian Pacific American Caucus.

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Blindspot

Stories that are being largely ignored by either left-leaning or right-leaning outlets, according to data from our partners at Ground News.

WHAT THE LEFT ISN’T READING: Tony Bobulinski, a former business partner of Hunter Biden who was involved in a 2017 China deal, was not asked to testify before a Delaware grand jury investigating the president’s son, according to CBS News.

WHAT THE RIGHT ISN’T READING: There are signs special counsel Jack Smith is still investigating Trump’s handling of classified documents post-presidency even after indicting him, CNN reported.

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Principals Team

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