California's Ban on Flavored Tobacco Upheld by US Supreme Court
Supreme Court Reviews Case with Potential Tax Code Disruption, Experts Warn
Timeline: A Heated History of Affirmative Action in America
US Supreme Court Strikes Down Affirmative Action, Barring California Private Universities From Considering Race in Admissions
Supreme Court Sharply Limits Federal Government's Ability to Police Pollution Into Certain Wetlands
The Supreme Court Is Slated to Hear a Major Affirmative Action Case. University of California Offers a Cautionary Tale
The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket
'Worth Going to Jail If Necessary': Rep. Jackie Speier on Getting Arrested in Fight for Abortion Rights
California Latinas for Reproductive Justice Group Fears Local Repercussions of Abortion Ruling
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But that doesn’t always mean the more conservative U.S. Supreme Court is quick to throw out these laws.\u003c/p>\n\u003cp>Monday, for instance, the court decided, without comment, \u003cem>not\u003c/em> to hear a challenge from the tobacco industry to the state’s ban on flavored tobacco products.\u003c/p>\n\u003cp>The case stems from a 2020 law that \u003ca href=\"https://calmatters.org/health/2020/08/california-flavored-tobacco-ban/\">bans the sale of certain flavored tobacco products\u003c/a> and menthol cigarettes. The law was intended to protect kids and teens, who are often the targets of flavored tobacco ads and sometimes start with flavored tobacco products before becoming smokers.\u003c/p>\n\u003cp>But quickly after the law was passed, tobacco companies funded and qualified a referendum to overturn the law. However, the results did not go in their favor as Californians easily \u003ca href=\"https://calmatters.org/california-voter-guide-2022/propositions/prop-31-flavored-tobacco-ban/\">passed Proposition 31\u003c/a> in November 2022 and upheld the ban. Within days, R.J. Reynolds and other tobacco companies filed a lawsuit. They took\u003ca href=\"https://www.cnn.com/2024/01/08/politics/supreme-court-leaves-californias-ban-on-flavored-cigarettes-in-place/\"> \u003c/a>it to the Supreme Court, arguing that the U.S. Food and Drug Administration, not individual states, has the power to regulate cigarette sales.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>However, one case the Supreme Court \u003cem>will\u003c/em> consider concerns another pressing issue: housing. Today, the court is expected to hear oral arguments about the constitutionality of a “traffic impact mitigation fee” one resident, George Sheetz, had to \u003ca href=\"https://www.scotusblog.com/2024/01/latest-property-rights-fight-comes-before-justices/\">pay El Dorado County\u003c/a> to build a single-family home on his property. [aside label='More on California Law' tag='california-law']The case has major implications for developers who argue that impact fees such as the $23,000 levied against Sheetz are one of the reasons why it’s difficult \u003ca href=\"https://www.latimes.com/opinion/story/2024-01-08/california-u-s-supreme-court-sheetz-el-dorado-county-permit-fees-traffic-mitigation#:~:text=Sheetz%20vs.%20County%20of%20El,and%20in%20many%20other%20states.\">to construct affordable housing in the state\u003c/a>.\u003c/p>\n\u003cp>And a reminder of recent Supreme Court decisions impacting California:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Animal welfare:\u003c/strong> Last May, the high court sided with California voters and upheld Prop. 12, which was approved in 2018 to \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2023/05/california-propositions-pigs/\">ban the sale of meat and egg products from farms\u003c/a> that do not raise their livestock, including pigs, in spaces that give the animals enough room to stand and turn around.\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003cstrong>Conversion therapy:\u003c/strong> The Supreme Court also turned down an opportunity in December to hear a case regarding a Washington state law that prohibits licensed therapists from \u003ca href=\"https://www.scotusblog.com/2023/12/justices-wont-hear-conversion-therapy-case/\">practicing conversion therapy\u003c/a>. California is one of several states with similar bans, which some argue violates the First Amendment rights of free speech and free exercise of religion.\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003cstrong>Concealed carry:\u003c/strong> With California’s ban on concealed weapons in most public places still tangled up in the courts, it’s unclear how the state will comply with the \u003ca href=\"https://calmatters.org/justice/2022/06/california-gun-laws-supreme-court/\">June 2022 Supreme Court ruling on concealed carry\u003c/a>. On Saturday, a panel of federal judges \u003ca href=\"https://apnews.com/article/california-concealed-carry-gun-law-appeal-7fcf523c22d7c72bd95abf73604df0ad\">upheld a former injunction\u003c/a>, preventing the ban from taking effect. Gov. Gavin Newsom \u003ca href=\"https://twitter.com/dvillasenorCA/status/1743808687687573799?s=20\">decried the decision\u003c/a>, saying it “puts the lives of Californians on the line.”\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The California law was intended to protect kids and teens, who are often the targets of flavored tobacco ads and sometimes start with flavored tobacco products before becoming smokers.","status":"publish","parent":0,"modified":1704829845,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":507},"headData":{"title":"California's Ban on Flavored Tobacco Upheld by US Supreme Court | KQED","description":"The California law was intended to protect kids and teens, who are often the targets of flavored tobacco ads and sometimes start with flavored tobacco products before becoming smokers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"CalMatters","sourceUrl":"https://calmatters.org/","sticky":false,"nprByline":"\u003ca href=\"https://calmatters.org/author/lynn-la/\">Lynn La\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11972039/californias-ban-on-flavored-tobacco-upheld-by-u-s-supreme-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California is often at the cutting edge of public policy, so it isn’t rare that one of its laws ends up before the nation’s highest court. But that doesn’t always mean the more conservative U.S. Supreme Court is quick to throw out these laws.\u003c/p>\n\u003cp>Monday, for instance, the court decided, without comment, \u003cem>not\u003c/em> to hear a challenge from the tobacco industry to the state’s ban on flavored tobacco products.\u003c/p>\n\u003cp>The case stems from a 2020 law that \u003ca href=\"https://calmatters.org/health/2020/08/california-flavored-tobacco-ban/\">bans the sale of certain flavored tobacco products\u003c/a> and menthol cigarettes. The law was intended to protect kids and teens, who are often the targets of flavored tobacco ads and sometimes start with flavored tobacco products before becoming smokers.\u003c/p>\n\u003cp>But quickly after the law was passed, tobacco companies funded and qualified a referendum to overturn the law. However, the results did not go in their favor as Californians easily \u003ca href=\"https://calmatters.org/california-voter-guide-2022/propositions/prop-31-flavored-tobacco-ban/\">passed Proposition 31\u003c/a> in November 2022 and upheld the ban. Within days, R.J. Reynolds and other tobacco companies filed a lawsuit. They took\u003ca href=\"https://www.cnn.com/2024/01/08/politics/supreme-court-leaves-californias-ban-on-flavored-cigarettes-in-place/\"> \u003c/a>it to the Supreme Court, arguing that the U.S. Food and Drug Administration, not individual states, has the power to regulate cigarette sales.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>However, one case the Supreme Court \u003cem>will\u003c/em> consider concerns another pressing issue: housing. Today, the court is expected to hear oral arguments about the constitutionality of a “traffic impact mitigation fee” one resident, George Sheetz, had to \u003ca href=\"https://www.scotusblog.com/2024/01/latest-property-rights-fight-comes-before-justices/\">pay El Dorado County\u003c/a> to build a single-family home on his property. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on California Law ","tag":"california-law"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The case has major implications for developers who argue that impact fees such as the $23,000 levied against Sheetz are one of the reasons why it’s difficult \u003ca href=\"https://www.latimes.com/opinion/story/2024-01-08/california-u-s-supreme-court-sheetz-el-dorado-county-permit-fees-traffic-mitigation#:~:text=Sheetz%20vs.%20County%20of%20El,and%20in%20many%20other%20states.\">to construct affordable housing in the state\u003c/a>.\u003c/p>\n\u003cp>And a reminder of recent Supreme Court decisions impacting California:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Animal welfare:\u003c/strong> Last May, the high court sided with California voters and upheld Prop. 12, which was approved in 2018 to \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2023/05/california-propositions-pigs/\">ban the sale of meat and egg products from farms\u003c/a> that do not raise their livestock, including pigs, in spaces that give the animals enough room to stand and turn around.\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003cstrong>Conversion therapy:\u003c/strong> The Supreme Court also turned down an opportunity in December to hear a case regarding a Washington state law that prohibits licensed therapists from \u003ca href=\"https://www.scotusblog.com/2023/12/justices-wont-hear-conversion-therapy-case/\">practicing conversion therapy\u003c/a>. California is one of several states with similar bans, which some argue violates the First Amendment rights of free speech and free exercise of religion.\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003cstrong>Concealed carry:\u003c/strong> With California’s ban on concealed weapons in most public places still tangled up in the courts, it’s unclear how the state will comply with the \u003ca href=\"https://calmatters.org/justice/2022/06/california-gun-laws-supreme-court/\">June 2022 Supreme Court ruling on concealed carry\u003c/a>. On Saturday, a panel of federal judges \u003ca href=\"https://apnews.com/article/california-concealed-carry-gun-law-appeal-7fcf523c22d7c72bd95abf73604df0ad\">upheld a former injunction\u003c/a>, preventing the ban from taking effect. Gov. Gavin Newsom \u003ca href=\"https://twitter.com/dvillasenorCA/status/1743808687687573799?s=20\">decried the decision\u003c/a>, saying it “puts the lives of Californians on the line.”\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11972039/californias-ban-on-flavored-tobacco-upheld-by-u-s-supreme-court","authors":["byline_news_11972039"],"categories":["news_8"],"tags":["news_30069","news_22307","news_27626","news_23477","news_18543","news_2629","news_2314","news_1172"],"affiliates":["news_18481"],"featImg":"news_11972052","label":"source_news_11972039"},"news_11969069":{"type":"posts","id":"news_11969069","meta":{"index":"posts_1591205157","site":"news","id":"11969069","score":null,"sort":[1701865851000]},"guestAuthors":[],"slug":"supreme-court-reviews-case-with-potential-tax-code-disruption-experts-warn","title":"Supreme Court Reviews Case with Potential Tax Code Disruption, Experts Warn","publishDate":1701865851,"format":"standard","headTitle":"Supreme Court Reviews Case with Potential Tax Code Disruption, Experts Warn | KQED","labelTerm":{},"content":"\u003cp>The U.S. Supreme Court hears arguments on Tuesday in an obscure tax case with potentially trillions of dollars in tax consequences for the federal budget. It is a case that has tax law specialists both gobsmacked and alarmed.\u003c/p>\n\u003cp>The words of the 16th Amendment to the Constitution do not roll off the tongue. Enacted in 1913, it says: “Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”\u003c/p>\n\u003cp>In reality, the amendment was passed to reverse a Supreme Court \u003ca href=\"https://supreme.justia.com/cases/federal/us/157/429/\">decision \u003c/a>that basically had made it impossible to have a federal income tax.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>The Trump tax cuts at the heart of the case\u003c/h2>\n\u003cp>The operative understanding of what the amendment has meant for more than a century is now being challenged by Charles and Kathleen Moore. Backed by anti-regulatory groups, they are specifically challenging a provision in then-President Donald Trump’s huge \u003ca href=\"https://www.npr.org/2017/12/20/572157392/gop-poised-for-tax-victory-after-a-brief-delay\">2017 corporate tax cut,\u003c/a> a provision that helps pay for some of those tax cuts.\u003c/p>\n\u003cp>The Moores contend that they have never actually made money from their foreign investment in an Indian company. Yes, they concede their investment has increased in value by well over a half-million dollars. But, they maintain that because they have not yet received any actual money, they are being unconstitutionally taxed on unrealized income. [pullquote size=\"medium\" align=\"right\" citation=\"Paul Ryan, Republican, who shepherded the 2017 tax law through the House\"]‘I’m not for a wealth tax, but I think if you use this as an argument to spike a wealth tax, you’re going to basically get rid of … a third of the tax code.’[/pullquote]Some of the facts the Moores have put forth are disputed, but importantly, the case is widely viewed by advocates on both sides as a preventive strike against any wealth tax of the kind proposed by Sen. Elizabeth Warren, D-Mass. Not that anyone thinks such a tax has any chance of passing in Congress.\u003c/p>\n\u003cp>Still, if the Moores were to win, the federal government could be forced to pay back billions of dollars in corporate tax collections, and the effects of many other tax provisions could be profound.\u003c/p>\n\u003cp>Former House Speaker Paul Ryan, a Republican, shepherded the 2017 tax law through the House, including the provision before the Supreme Court on Tuesday.\u003c/p>\n\u003cp>“As a person who drafted that … the goal was to finance a conversion from one system to another,” Ryan \u003ca href=\"https://www.youtube.com/watch?v=0WVWirDCT08&t=1145s\">says\u003c/a>. “I’m not for a wealth tax, but I think if you use this as an argument to spike a wealth tax, you’re going to basically get rid of … a third of the tax code.”\u003c/p>\n\u003ch2>The background to the arguments\u003c/h2>\n\u003cp>The Moores are portrayed as sympathetic plaintiffs in Supreme Court briefs and a video posted on the webpage of the anti-regulatory Competitive Enterprise Institute.\u003c/p>\n\u003cp>Charles Moore described how he invested $40,000 in his friend Ravi Agrawal’s power tool business in India 18 years ago, an investment now worth more than $500,000. “If Indian farmers could be made more productive by bringing power tools to them that are suitable for their types of farms, that would be great,” Moore says in the posted interview on the CEI website.\u003c/p>\n\u003cp>Lawyers for the Moores describe the couple as playing no active role in the company. However, \u003ca href=\"https://www.taxnotes.com/featured-news/records-show-moores-interest-transition-tax-company-changed/2023/10/10/7hg74\">documents \u003c/a>disclosed by the publication Tax Notes show that Charles Moore was far more involved in the company’s management than he suggested. \u003ca href=\"https://www.taxnotes.com/featured-news/records-show-moores-interest-transition-tax-company-changed/2023/10/10/7hg74\">Records \u003c/a>show he served on the board of the company for five years between 2012 and 2017, that he was reimbursed for thousands of dollars in travel expenses to and from India, and that he provided the company short-term infusions of cash that were never used, but repaid with interest 60 days later with 12% interest.\u003c/p>\n\u003cp>George Callas, who served for 15 years as a Republican staffer for tax-writing committees in Congress, sees all this as suspicious.\u003c/p>\n\u003cp>“Why would you loan a company money for 60 days, have it sit in a bank account, never be used, and then repay it with a big interest rate unless you were just trying to find a way to get money out of the company without calling it that?” Callas says.\u003c/p>\n\u003cp>All of this gets to the critical question posed by the Moores and their objection to paying a one-time $15,000 tax on an investment that is now worth more than 15 times its original value.\u003c/p>\n\u003ch2>Why the tax was levied\u003c/h2>\n\u003cp>The tax was imposed by Congress as a one-time payment to cover the transfer from one international tax rule to another. Under the old system, if you earned foreign income overseas in a foreign corporation that you owned, you wouldn’t have to pay taxes on those earnings until you brought the profits back to the United States. Congress saw that as a perverse incentive to keep profits offshore, and by some estimates, there was as much as $3 trillion in shielded offshore profits.\u003c/p>\n\u003cp>In order to move to a new system, the idea was that a one-time transition tax at a low rate, was needed. For the Moores, their one-time tax was $15,000, coincidentally roughly the amount Charles Moore was reimbursed for travel expenses. The Moores paid the tax and then challenged it in court as unconstitutional.\u003c/p>\n\u003cp>“They never saw income. It never hit their bank account. They never got cash. They never got a check,” says Ilya Shapiro of the Manhattan Institute, who wrote a brief siding with the Moores in the case. “Their stake in the company increased, but they did not get any income.” Although the value of the Moores’ investment has grown, he contends, they “have never seen a red cent from this investment.”\u003c/p>\n\u003cp>But Callas, who, with Speaker Ryan, drafted and steered the 2017 tax bill through the Republican House, says the Moores’ tax \u003cem>is \u003c/em>realized income in just the same way that real estate and other business partnerships are taxed, whether or not the income is distributed. Similarly, he says Congress has, over time, used various devices to prevent corporations from setting up what are called corporate pocketbooks to escape paying taxes.\u003c/p>\n\u003cp>“So in the international context, I’m going to set up a corporation in the Cayman Islands … and I’m going to contribute money, capital to it, and that corporation is going to make investments around the world … and as long as the profit stays in my Cayman subsidiary, I would never have to pay any tax. So, we have something in the tax code that Congress enacted in 1962 … that prevents that,” Callas says.\u003c/p>\n\u003ch2>Broader impact of a ruling\u003c/h2>\n\u003cp>In other words, it’s not just the Moores’ one-time tax at risk in this case. Remember, this is a tax that is expected to yield $340 billion by 2027 from mainly huge corporations, and the lion’s share of those taxes have already been collected.\u003c/p>\n\u003cp>What’s more, various \u003cem>other\u003c/em> tax regimes have been enacted to prevent tax dodges by the rich, and those too could be at risk, according to Callas. In the Moores’ case, they owned 11% of the Indian company, and under federal law, that is considered a controlling interest, meaning the owners have influence over the timing of any distributions and dividends, a leverage that Congress wanted to rein in to prevent tax avoidance.\u003c/p>\n\u003cp>“It’s not the Supreme Court’s job to second-guess Congress on exactly what percentage of ownership should constitute control,” Callas says. “That’s not their job.”\u003c/p>\n\u003cp>And tax law experts, from liberal to conservative, warn that if the Supreme Court were to strike down the tax provision, the effects would be disastrous.\u003c/p>\n\u003cp>Chye-Ching Huang, director of the NYU Tax Law Center, says, “It would be chaos, and we would be facing a tsunami of tax litigation over years and decades trying to sort through the rubble of this.” [aside label='More Stories on Taxes' tag='taxes']The justices “are not playing with fire,” Callas says. They are playing with “enriched uranium,” and they don’t even know they could “blow up large portions of the tax code.”\u003c/p>\n\u003cp>That said, a phalanx of conservative, anti-regulatory, and anti-tax groups is arrayed against the tax in Tuesday’s case, including the U.S. Chamber of Commerce — even though they supported the 2017 tax bill that included the provision before the Supreme Court on Tuesday.\u003c/p>\n\u003cp>That clearly alarms tax experts, including Callas, who served as Speaker Ryan’s chief tax counsel when the bill was negotiated and passed. He notes that at the request of the Chamber of Commerce and other stakeholders, House Republicans made many specific changes to the bill, but there was “no discussion” of any “constitutional vulnerability.” It was “purely a discussion of how to design the policy appropriately.”\u003c/p>\n\u003cp>As Callas caustically observes, for the chamber and other stakeholders years later “to discover constitutional concerns that they didn’t raise before” strikes me as “opportunistic.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A couple who owned a controlling interest in a foreign corporation argue that a controversial Trump-era tax is unconstitutional under the 16th Amendment.","status":"publish","parent":0,"modified":1701888301,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1593},"headData":{"title":"Supreme Court Reviews Case with Potential Tax Code Disruption, Experts Warn | KQED","description":"A couple who owned a controlling interest in a foreign corporation argue that a controversial Trump-era tax is unconstitutional under the 16th Amendment.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"NPR","sourceUrl":"https://www.npr.org/","sticky":false,"nprImageCredit":"Drew Angerer","nprByline":"\u003ca href=\"https://www.npr.org/people/2101289/nina-totenberg\">Nina Totenberg\u003c/a>\u003cbr> NPR News","nprImageAgency":"Getty Images","nprStoryId":"1216859366","nprApiLink":"http://api.npr.org/query?id=1216859366&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2023/12/05/1216859366/supreme-court-tax-code?ft=nprml&f=1216859366","nprRetrievedStory":"1","nprPubDate":"Tue, 05 Dec 2023 13:20:00 -0500","nprStoryDate":"Tue, 05 Dec 2023 05:00:00 -0500","nprLastModifiedDate":"Tue, 05 Dec 2023 13:20:56 -0500","nprAudio":"https://play.podtrac.com/npr-191676894/ondemand.npr.org/anon.npr-mp3/npr/me/2023/12/20231205_me_supreme_court_hears_a_case_that_experts_say_could_wreak_havoc_on_the_tax_code.mp3?orgId=1&topicId=1070&d=416&p=3&story=1216859366&ft=nprml&f=1216859366","nprAudioM3u":"http://api.npr.org/m3u/11217240967-a72c0b.m3u?orgId=1&topicId=1070&d=416&p=3&story=1216859366&ft=nprml&f=1216859366","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11969069/supreme-court-reviews-case-with-potential-tax-code-disruption-experts-warn","audioUrl":"https://play.podtrac.com/npr-191676894/ondemand.npr.org/anon.npr-mp3/npr/me/2023/12/20231205_me_supreme_court_hears_a_case_that_experts_say_could_wreak_havoc_on_the_tax_code.mp3?orgId=1&topicId=1070&d=416&p=3&story=1216859366&ft=nprml&f=1216859366","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court hears arguments on Tuesday in an obscure tax case with potentially trillions of dollars in tax consequences for the federal budget. It is a case that has tax law specialists both gobsmacked and alarmed.\u003c/p>\n\u003cp>The words of the 16th Amendment to the Constitution do not roll off the tongue. Enacted in 1913, it says: “Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”\u003c/p>\n\u003cp>In reality, the amendment was passed to reverse a Supreme Court \u003ca href=\"https://supreme.justia.com/cases/federal/us/157/429/\">decision \u003c/a>that basically had made it impossible to have a federal income tax.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>The Trump tax cuts at the heart of the case\u003c/h2>\n\u003cp>The operative understanding of what the amendment has meant for more than a century is now being challenged by Charles and Kathleen Moore. Backed by anti-regulatory groups, they are specifically challenging a provision in then-President Donald Trump’s huge \u003ca href=\"https://www.npr.org/2017/12/20/572157392/gop-poised-for-tax-victory-after-a-brief-delay\">2017 corporate tax cut,\u003c/a> a provision that helps pay for some of those tax cuts.\u003c/p>\n\u003cp>The Moores contend that they have never actually made money from their foreign investment in an Indian company. Yes, they concede their investment has increased in value by well over a half-million dollars. But, they maintain that because they have not yet received any actual money, they are being unconstitutionally taxed on unrealized income. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I’m not for a wealth tax, but I think if you use this as an argument to spike a wealth tax, you’re going to basically get rid of … a third of the tax code.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Paul Ryan, Republican, who shepherded the 2017 tax law through the House","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Some of the facts the Moores have put forth are disputed, but importantly, the case is widely viewed by advocates on both sides as a preventive strike against any wealth tax of the kind proposed by Sen. Elizabeth Warren, D-Mass. Not that anyone thinks such a tax has any chance of passing in Congress.\u003c/p>\n\u003cp>Still, if the Moores were to win, the federal government could be forced to pay back billions of dollars in corporate tax collections, and the effects of many other tax provisions could be profound.\u003c/p>\n\u003cp>Former House Speaker Paul Ryan, a Republican, shepherded the 2017 tax law through the House, including the provision before the Supreme Court on Tuesday.\u003c/p>\n\u003cp>“As a person who drafted that … the goal was to finance a conversion from one system to another,” Ryan \u003ca href=\"https://www.youtube.com/watch?v=0WVWirDCT08&t=1145s\">says\u003c/a>. “I’m not for a wealth tax, but I think if you use this as an argument to spike a wealth tax, you’re going to basically get rid of … a third of the tax code.”\u003c/p>\n\u003ch2>The background to the arguments\u003c/h2>\n\u003cp>The Moores are portrayed as sympathetic plaintiffs in Supreme Court briefs and a video posted on the webpage of the anti-regulatory Competitive Enterprise Institute.\u003c/p>\n\u003cp>Charles Moore described how he invested $40,000 in his friend Ravi Agrawal’s power tool business in India 18 years ago, an investment now worth more than $500,000. “If Indian farmers could be made more productive by bringing power tools to them that are suitable for their types of farms, that would be great,” Moore says in the posted interview on the CEI website.\u003c/p>\n\u003cp>Lawyers for the Moores describe the couple as playing no active role in the company. However, \u003ca href=\"https://www.taxnotes.com/featured-news/records-show-moores-interest-transition-tax-company-changed/2023/10/10/7hg74\">documents \u003c/a>disclosed by the publication Tax Notes show that Charles Moore was far more involved in the company’s management than he suggested. \u003ca href=\"https://www.taxnotes.com/featured-news/records-show-moores-interest-transition-tax-company-changed/2023/10/10/7hg74\">Records \u003c/a>show he served on the board of the company for five years between 2012 and 2017, that he was reimbursed for thousands of dollars in travel expenses to and from India, and that he provided the company short-term infusions of cash that were never used, but repaid with interest 60 days later with 12% interest.\u003c/p>\n\u003cp>George Callas, who served for 15 years as a Republican staffer for tax-writing committees in Congress, sees all this as suspicious.\u003c/p>\n\u003cp>“Why would you loan a company money for 60 days, have it sit in a bank account, never be used, and then repay it with a big interest rate unless you were just trying to find a way to get money out of the company without calling it that?” Callas says.\u003c/p>\n\u003cp>All of this gets to the critical question posed by the Moores and their objection to paying a one-time $15,000 tax on an investment that is now worth more than 15 times its original value.\u003c/p>\n\u003ch2>Why the tax was levied\u003c/h2>\n\u003cp>The tax was imposed by Congress as a one-time payment to cover the transfer from one international tax rule to another. Under the old system, if you earned foreign income overseas in a foreign corporation that you owned, you wouldn’t have to pay taxes on those earnings until you brought the profits back to the United States. Congress saw that as a perverse incentive to keep profits offshore, and by some estimates, there was as much as $3 trillion in shielded offshore profits.\u003c/p>\n\u003cp>In order to move to a new system, the idea was that a one-time transition tax at a low rate, was needed. For the Moores, their one-time tax was $15,000, coincidentally roughly the amount Charles Moore was reimbursed for travel expenses. The Moores paid the tax and then challenged it in court as unconstitutional.\u003c/p>\n\u003cp>“They never saw income. It never hit their bank account. They never got cash. They never got a check,” says Ilya Shapiro of the Manhattan Institute, who wrote a brief siding with the Moores in the case. “Their stake in the company increased, but they did not get any income.” Although the value of the Moores’ investment has grown, he contends, they “have never seen a red cent from this investment.”\u003c/p>\n\u003cp>But Callas, who, with Speaker Ryan, drafted and steered the 2017 tax bill through the Republican House, says the Moores’ tax \u003cem>is \u003c/em>realized income in just the same way that real estate and other business partnerships are taxed, whether or not the income is distributed. Similarly, he says Congress has, over time, used various devices to prevent corporations from setting up what are called corporate pocketbooks to escape paying taxes.\u003c/p>\n\u003cp>“So in the international context, I’m going to set up a corporation in the Cayman Islands … and I’m going to contribute money, capital to it, and that corporation is going to make investments around the world … and as long as the profit stays in my Cayman subsidiary, I would never have to pay any tax. So, we have something in the tax code that Congress enacted in 1962 … that prevents that,” Callas says.\u003c/p>\n\u003ch2>Broader impact of a ruling\u003c/h2>\n\u003cp>In other words, it’s not just the Moores’ one-time tax at risk in this case. Remember, this is a tax that is expected to yield $340 billion by 2027 from mainly huge corporations, and the lion’s share of those taxes have already been collected.\u003c/p>\n\u003cp>What’s more, various \u003cem>other\u003c/em> tax regimes have been enacted to prevent tax dodges by the rich, and those too could be at risk, according to Callas. In the Moores’ case, they owned 11% of the Indian company, and under federal law, that is considered a controlling interest, meaning the owners have influence over the timing of any distributions and dividends, a leverage that Congress wanted to rein in to prevent tax avoidance.\u003c/p>\n\u003cp>“It’s not the Supreme Court’s job to second-guess Congress on exactly what percentage of ownership should constitute control,” Callas says. “That’s not their job.”\u003c/p>\n\u003cp>And tax law experts, from liberal to conservative, warn that if the Supreme Court were to strike down the tax provision, the effects would be disastrous.\u003c/p>\n\u003cp>Chye-Ching Huang, director of the NYU Tax Law Center, says, “It would be chaos, and we would be facing a tsunami of tax litigation over years and decades trying to sort through the rubble of this.” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Stories on Taxes ","tag":"taxes"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The justices “are not playing with fire,” Callas says. They are playing with “enriched uranium,” and they don’t even know they could “blow up large portions of the tax code.”\u003c/p>\n\u003cp>That said, a phalanx of conservative, anti-regulatory, and anti-tax groups is arrayed against the tax in Tuesday’s case, including the U.S. Chamber of Commerce — even though they supported the 2017 tax bill that included the provision before the Supreme Court on Tuesday.\u003c/p>\n\u003cp>That clearly alarms tax experts, including Callas, who served as Speaker Ryan’s chief tax counsel when the bill was negotiated and passed. He notes that at the request of the Chamber of Commerce and other stakeholders, House Republicans made many specific changes to the bill, but there was “no discussion” of any “constitutional vulnerability.” It was “purely a discussion of how to design the policy appropriately.”\u003c/p>\n\u003cp>As Callas caustically observes, for the chamber and other stakeholders years later “to discover constitutional concerns that they didn’t raise before” strikes me as “opportunistic.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11969069/supreme-court-reviews-case-with-potential-tax-code-disruption-experts-warn","authors":["byline_news_11969069"],"categories":["news_8"],"tags":["news_33601","news_25694","news_1172"],"affiliates":["news_253"],"featImg":"news_11969070","label":"source_news_11969069"},"news_11954709":{"type":"posts","id":"news_11954709","meta":{"index":"posts_1591205157","site":"news","id":"11954709","score":null,"sort":[1688159087000]},"guestAuthors":[],"slug":"timeline-a-heated-history-of-affirmative-action-in-america","title":"Timeline: A Heated History of Affirmative Action in America","publishDate":1688159087,"format":"standard","headTitle":"Timeline: A Heated History of Affirmative Action in America | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The U.S. Supreme Court’s conservative majority on Thursday \u003ca href=\"https://www.npr.org/2023/06/29/1181138066/affirmative-action-supreme-court-decision\">rejected race-conscious admission policies\u003c/a> at Harvard and the University of North Carolina, ruling them a violation of the Constitution’s guarantee of equal protection. The historic 6-3 decision is the latest word in a fierce protracted fight over affirmative action in university admissions.\u003c/p>\n\u003cp>Scroll through the following interactive timeline — or read the full text below it — to learn about some of the key moments in a longstanding debacle over race, education and opportunity in America.\u003c/p>\n\u003cdiv style=\"width: 100%\" align=\"center\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1YOV0OL6r92HAnAG-TnHIuxP95AATV-WYQJYP2URD2d4&font=Default&lang=en&initial_zoom=2\" width=\"1200\" height=\"700\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\n\u003c/div>\n\u003ch2>1954: Brown v. Board of Education\u003c/h2>\n\u003cp>In a unanimous decision, the Supreme Court discredits the concept of “separate but equal,” ruling that segregation in public schools violates the Equal Protection Clause under the 14th Amendment. The decision is vehemently opposed by segregationists, and it takes years before many segregated schools in the South are forced to integrate.\u003c/p>\n\u003ch2>1961: JFK references ‘affirmative action’\u003c/h2>\n\u003cp>President John F. Kennedy issues an executive order mandating that projects financed with federal funds “take affirmative action” to ensure there is no racial bias in hiring and employment practices.\u003c/p>\n\u003ch2>1964: Civil Rights Act\u003c/h2>\n\u003cp>President Lyndon B. Johnson signs the most sweeping piece of civil rights legislation since Reconstruction. The new law prohibits discrimination in various settings, including hotels, schools and government services. It prevents employers, labor unions and employment agencies from excluding applicants and customers on the basis of race, sex, color, religion or national origin. A commission is established to enforce the law.\u003c/p>\n\u003ch2>1965: Johnson defines affirmative action\u003c/h2>\n\u003cp>In a graduation speech at Howard University — a historically Black college — President Johnson insists it is not enough to just have laws that prohibit discrimination, arguing that more proactive measures are necessary. “You do not take a man who for years has been hobbled by chains, liberate him, bring him to the starting line of a race, saying, ‘You are free to compete with all the others,’ and still justly believe you have been completely fair,” he said. Later that year, Johnson issues a new executive order requiring government contractors to “take affirmative action” to ensure racial equality in hiring and employment.\u003c/p>\n\u003ch2>1978: Racial quotas at University of California struck down\u003c/h2>\n\u003cp>In Regents of the University of California v. Bakke, the U.S. Supreme Court strikes down a UC policy that reserved admission slots for minority applicants, ruling it a violation of the Equal Protection Clause of the 14th Amendment. The court says UC can continue to consider race and ethnicity as a factor in the admissions decision as long as it doesn’t have specific quotas in place. The case originated when Allan Bakke, a 33-year-old white student who was twice rejected from UC Davis Medical School, filed suit, claiming it was unfair that minority applicants with lower academic standing were accepted over him.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>1982: Racial hiring quotas mandated for Alabama state police\u003c/h2>\n\u003cp>In 1970, a federal court ordered the Alabama Department of Public Safety — which hadn’t hired a single Black patrol officer in its 37-year history — to end “pervasive, systematic and obstinate discriminatory exclusion of blacks.” By 1982, after the department had failed to promote any Black employees above entry-level positions, the court orders a racial quota system be put in place until at least a quarter of the department’s upper ranks are minorities. The U.S. Supreme Court, in 1987, upholds the quota system, ruling it necessary in light of the department’s overt history of discrimination.\u003c/p>\n\u003ch2>March 1996: University of Texas Law School’s affirmative action policy struck down\u003c/h2>\n\u003cp>In Hopwood v. Texas, a federal court rules that the school’s policy of lower admission thresholds for minority applicants is unconstitutional. The court rejects the defense’s argument that a diverse student body is a “compelling” interest.\u003c/p>\n\u003ch2>November 1996: California voters approve affirmative action ban\u003c/h2>\n\u003cp>Voters approve Prop 209, which amends the state’s constitution and prohibits state institutions, including public universities, from considering race, sex or ethnicity in admissions and hiring decisions. A federal district judge initially blocks enforcement of the proposition, but an appeals court overturns that ruling and allows the measure to proceed. It has since survived numerous legal challenges. Meanwhile, Black and Hispanic enrollment in the UC system dropped significantly after the ban took effect in 1998. Since then, eight other states have passed similar affirmative action bans, including Arizona, Florida, Idaho, Michigan, Nebraska, New Hampshire, Oklahoma and Washington.\u003c/p>\n\u003ch2>2003: Split rulings on University of Michigan’s admissions policies\u003c/h2>\n\u003cp>The U.S. Supreme Court rejects the university’s undergraduate admissions policy of awarding points to minority applicants, arguing that it’s too similar to a quota system. But in a separate ruling, the court upholds the law school’s policy of considering an applicant’s race in admissions decisions, which it deems a “compelling interest.” However, three years later, Michigan voters approve a statewide affirmative action ban that effectively invalidates the law school’s policy.\u003c/p>\n\u003ch2>2014: Court upholds Michigan’s voter-approved affirmative action ban\u003c/h2>\n\u003cp>In a major blow to affirmative action policies nationwide, the U.S. Supreme Court upholds a 2006 Michigan voter-approved ban on race-conscious admissions policies in public universities. The court argues that state voters should have the authority to determine this issue on their own, without the court intervening. While the decision doesn’t outlaw affirmative action policies in schools outside of Michigan, it gives other states the green light do so. In her impassioned dissent, Justice Sonia Sotomayor argues that the decision unconstitutionally infringes on the rights of minorities.\u003c/p>\n\u003ch2>2016: High court narrowly upholds UT Austin’s race-conscious admissions policies\u003c/h2>\n\u003cp>After her rejection from the University of Texas at Austin in 2008, Abigail Fisher, a white honor student, claimed she was unfairly denied admission because of her race. A federal court upheld the school’s race-conscious admissions policy. But in 2013, the U.S. Supreme Court sent the case back to the lower court for further review. In 2016, the high court again takes up the challenge to the university’s affirmative action policy, this time narrowly upholding it in a 4-3 decision, with now-retired Justice Anthony Kennedy casting the deciding vote.\u003c/p>\n\u003ch2>June 29, 2023: US Supreme Court rejects affirmative action in college admissions\u003c/h2>\n\u003cp>In a historic 6-3 decision, the court’s conservative majority struck down affirmative action admissions policies at Harvard and the University of North Carolina, effectively barring all public and private colleges from considering race in admissions decisions. Writing for the majority, Chief Justice John Roberts said considering an applicant’s race “cannot be reconciled with the guarantees of the Equal Protection Clause,” although he noted that the decision doesn’t prevent universities from “considering an applicant’s discussion of how race affected his or her life.”\u003c/p>\n\u003cp>In a scathing dissent read from the bench, Justice Sonia Sotomayor accused the majority of “further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"An interactive timeline detailing some of the key moments in a longstanding fight over race, education and opportunity in America.","status":"publish","parent":0,"modified":1688159087,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":1217},"headData":{"title":"Timeline: A Heated History of Affirmative Action in America | KQED","description":"An interactive timeline detailing some of the key moments in a longstanding fight over race, education and opportunity in America.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11954709/timeline-a-heated-history-of-affirmative-action-in-america","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court’s conservative majority on Thursday \u003ca href=\"https://www.npr.org/2023/06/29/1181138066/affirmative-action-supreme-court-decision\">rejected race-conscious admission policies\u003c/a> at Harvard and the University of North Carolina, ruling them a violation of the Constitution’s guarantee of equal protection. The historic 6-3 decision is the latest word in a fierce protracted fight over affirmative action in university admissions.\u003c/p>\n\u003cp>Scroll through the following interactive timeline — or read the full text below it — to learn about some of the key moments in a longstanding debacle over race, education and opportunity in America.\u003c/p>\n\u003cdiv style=\"width: 100%\" align=\"center\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1YOV0OL6r92HAnAG-TnHIuxP95AATV-WYQJYP2URD2d4&font=Default&lang=en&initial_zoom=2\" width=\"1200\" height=\"700\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\n\u003c/div>\n\u003ch2>1954: Brown v. Board of Education\u003c/h2>\n\u003cp>In a unanimous decision, the Supreme Court discredits the concept of “separate but equal,” ruling that segregation in public schools violates the Equal Protection Clause under the 14th Amendment. The decision is vehemently opposed by segregationists, and it takes years before many segregated schools in the South are forced to integrate.\u003c/p>\n\u003ch2>1961: JFK references ‘affirmative action’\u003c/h2>\n\u003cp>President John F. Kennedy issues an executive order mandating that projects financed with federal funds “take affirmative action” to ensure there is no racial bias in hiring and employment practices.\u003c/p>\n\u003ch2>1964: Civil Rights Act\u003c/h2>\n\u003cp>President Lyndon B. Johnson signs the most sweeping piece of civil rights legislation since Reconstruction. The new law prohibits discrimination in various settings, including hotels, schools and government services. It prevents employers, labor unions and employment agencies from excluding applicants and customers on the basis of race, sex, color, religion or national origin. A commission is established to enforce the law.\u003c/p>\n\u003ch2>1965: Johnson defines affirmative action\u003c/h2>\n\u003cp>In a graduation speech at Howard University — a historically Black college — President Johnson insists it is not enough to just have laws that prohibit discrimination, arguing that more proactive measures are necessary. “You do not take a man who for years has been hobbled by chains, liberate him, bring him to the starting line of a race, saying, ‘You are free to compete with all the others,’ and still justly believe you have been completely fair,” he said. Later that year, Johnson issues a new executive order requiring government contractors to “take affirmative action” to ensure racial equality in hiring and employment.\u003c/p>\n\u003ch2>1978: Racial quotas at University of California struck down\u003c/h2>\n\u003cp>In Regents of the University of California v. Bakke, the U.S. Supreme Court strikes down a UC policy that reserved admission slots for minority applicants, ruling it a violation of the Equal Protection Clause of the 14th Amendment. The court says UC can continue to consider race and ethnicity as a factor in the admissions decision as long as it doesn’t have specific quotas in place. The case originated when Allan Bakke, a 33-year-old white student who was twice rejected from UC Davis Medical School, filed suit, claiming it was unfair that minority applicants with lower academic standing were accepted over him.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>1982: Racial hiring quotas mandated for Alabama state police\u003c/h2>\n\u003cp>In 1970, a federal court ordered the Alabama Department of Public Safety — which hadn’t hired a single Black patrol officer in its 37-year history — to end “pervasive, systematic and obstinate discriminatory exclusion of blacks.” By 1982, after the department had failed to promote any Black employees above entry-level positions, the court orders a racial quota system be put in place until at least a quarter of the department’s upper ranks are minorities. The U.S. Supreme Court, in 1987, upholds the quota system, ruling it necessary in light of the department’s overt history of discrimination.\u003c/p>\n\u003ch2>March 1996: University of Texas Law School’s affirmative action policy struck down\u003c/h2>\n\u003cp>In Hopwood v. Texas, a federal court rules that the school’s policy of lower admission thresholds for minority applicants is unconstitutional. The court rejects the defense’s argument that a diverse student body is a “compelling” interest.\u003c/p>\n\u003ch2>November 1996: California voters approve affirmative action ban\u003c/h2>\n\u003cp>Voters approve Prop 209, which amends the state’s constitution and prohibits state institutions, including public universities, from considering race, sex or ethnicity in admissions and hiring decisions. A federal district judge initially blocks enforcement of the proposition, but an appeals court overturns that ruling and allows the measure to proceed. It has since survived numerous legal challenges. Meanwhile, Black and Hispanic enrollment in the UC system dropped significantly after the ban took effect in 1998. Since then, eight other states have passed similar affirmative action bans, including Arizona, Florida, Idaho, Michigan, Nebraska, New Hampshire, Oklahoma and Washington.\u003c/p>\n\u003ch2>2003: Split rulings on University of Michigan’s admissions policies\u003c/h2>\n\u003cp>The U.S. Supreme Court rejects the university’s undergraduate admissions policy of awarding points to minority applicants, arguing that it’s too similar to a quota system. But in a separate ruling, the court upholds the law school’s policy of considering an applicant’s race in admissions decisions, which it deems a “compelling interest.” However, three years later, Michigan voters approve a statewide affirmative action ban that effectively invalidates the law school’s policy.\u003c/p>\n\u003ch2>2014: Court upholds Michigan’s voter-approved affirmative action ban\u003c/h2>\n\u003cp>In a major blow to affirmative action policies nationwide, the U.S. Supreme Court upholds a 2006 Michigan voter-approved ban on race-conscious admissions policies in public universities. The court argues that state voters should have the authority to determine this issue on their own, without the court intervening. While the decision doesn’t outlaw affirmative action policies in schools outside of Michigan, it gives other states the green light do so. In her impassioned dissent, Justice Sonia Sotomayor argues that the decision unconstitutionally infringes on the rights of minorities.\u003c/p>\n\u003ch2>2016: High court narrowly upholds UT Austin’s race-conscious admissions policies\u003c/h2>\n\u003cp>After her rejection from the University of Texas at Austin in 2008, Abigail Fisher, a white honor student, claimed she was unfairly denied admission because of her race. A federal court upheld the school’s race-conscious admissions policy. But in 2013, the U.S. Supreme Court sent the case back to the lower court for further review. In 2016, the high court again takes up the challenge to the university’s affirmative action policy, this time narrowly upholding it in a 4-3 decision, with now-retired Justice Anthony Kennedy casting the deciding vote.\u003c/p>\n\u003ch2>June 29, 2023: US Supreme Court rejects affirmative action in college admissions\u003c/h2>\n\u003cp>In a historic 6-3 decision, the court’s conservative majority struck down affirmative action admissions policies at Harvard and the University of North Carolina, effectively barring all public and private colleges from considering race in admissions decisions. Writing for the majority, Chief Justice John Roberts said considering an applicant’s race “cannot be reconciled with the guarantees of the Equal Protection Clause,” although he noted that the decision doesn’t prevent universities from “considering an applicant’s discussion of how race affected his or her life.”\u003c/p>\n\u003cp>In a scathing dissent read from the bench, Justice Sonia Sotomayor accused the majority of “further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11954709/timeline-a-heated-history-of-affirmative-action-in-america","authors":["1263"],"categories":["news_8"],"tags":["news_1895","news_4750","news_22809","news_20219","news_1172"],"featImg":"news_11954608","label":"news"},"news_11954612":{"type":"posts","id":"news_11954612","meta":{"index":"posts_1591205157","site":"news","id":"11954612","score":null,"sort":[1688079287000]},"guestAuthors":[],"slug":"u-s-supreme-court-strikes-down-affirmative-action-barring-california-private-universities-from-considering-race-in-admissions","title":"US Supreme Court Strikes Down Affirmative Action, Barring California Private Universities From Considering Race in Admissions","publishDate":1688079287,"format":"standard","headTitle":"US Supreme Court Strikes Down Affirmative Action, Barring California Private Universities From Considering Race in Admissions | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf\">U.S. Supreme Court ruling (PDF)\u003c/a> barring colleges from considering race in admissions effectively outlaws affirmative action at California’s private universities, broadly expanding a ban that had previously only applied to the state’s public campuses.\u003c/p>\n\u003cp>In Thursday’s 6-3 decision, the court’s conservative majority invalidated race-conscious admissions policies at Harvard University and the University of North Carolina, the nation’s oldest private and public colleges, respectively, finding them in violation of the Constitution’s guarantee of equal protection. The historic ruling overturns a spate of cases reaching back nearly half a century and will force the nation’s private and public universities to dramatically alter how they select their students.[pullquote align=\"right\" size=\"medium\" citation=\"Rev. Paul Fitzgerald, president, University of San Francisco\"]‘We’ve spent decades building out an academic program to welcome a student population that looks like the future of our nation. To be told now that we cannot use race as a particular factor is going to cause us to think very hard to figure out a way to continue our mission.’[/pullquote]Writing for the court’s majority, Chief Justice John Roberts said that for too long universities have “concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.”\u003c/p>\n\u003cp>“The entire point of the Equal Protection Clause is that treating someone differently because of their skin color is not like treating them differently because they are from a city or from a suburb, or because they play the violin poorly or well,” Roberts said.\u003c/p>\n\u003cp>The decision, bringing a long-sought conservative goal to fruition, comes nearly 30 years after California voters \u003ca href=\"https://lao.ca.gov/ballot/1996/prop209_11_1996.html\">passed Proposition 209\u003c/a>, which prohibited the state’s public universities — including those in the University of California and California State University systems — from considering race and gender in admissions and hiring decisions. But that law did not apply to the state’s private colleges, including University of San Francisco, Stanford and Santa Clara universities, who until now have continued to consider race as a factor in admissions.\u003c/p>\n\u003cp>Leaders of numerous private colleges across California were quick to denounce the court’s decision, calling it a major setback to efforts aimed at diversifying campuses and to expand opportunities for underrepresented student populations.\u003c/p>\n\u003cp>“The ruling is quite disturbing and really quite challenging to us,” said Rev. Paul Fitzgerald, president of the University of San Francisco. “We’ve spent decades building out an academic program to welcome a student population that looks like the future of our nation. To be told now that we cannot use race as a particular factor is going to cause us to think very hard to figure out a way to continue our mission.”\u003c/p>\n\u003cp>Fitzgerald noted his school has worked to draw communities that are historically underrepresented on college campuses, including outreach at high schools that serve primarily Black, Latino or Indigenous students.\u003c/p>\n\u003cp>The court’s ruling was the culmination of a lawsuit first brought against Harvard in 2014 when a group called Students for Fair Admissions argued the university’s consideration of race in admission decisions unfairly discriminated against Asian students. The group made a similar argument in its subsequent suit against the University of North Carolina.\u003c/p>\n\u003cfigure id=\"attachment_11954607\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11954607\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED.jpg\" alt=\"People with the Asian American Coalition for Education rally outside of the Supreme Court of the United States in Washington, DC on June 29, 2023.\" width=\"2000\" height=\"1333\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED.jpg 2000w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Members of the Asian American Coalition for Education, who oppose affirmative action in college admissions decisions, rally outside of the US Supreme Court in Washington, DC on June 29, 2023. \u003ccite>(Kent Nishimura/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Stanford threw its support behind the school’s affirmative action policies, and last August submitted an amicus brief to the Supreme Court outlining how race is just one element the university considers when reviewing applications.\u003c/p>\n\u003cp>“These factors, among numerous others and viewed in the context of the entire application, may sometimes shed light on the critical questions of a candidate’s ability to deal with adversity and make the most of the opportunities that the University offers,” Stanford’s \u003ca href=\"https://news.stanford.edu/report/wp-content/uploads/sites/3/2022/08/20-1199-21-707-MIT-et-al.-Amici-Brief.pdf\">brief (PDF)\u003c/a> reads.\u003c/p>\n\u003cp>In an email to students and faculty on Thursday, Stanford President Marc Tessier-Lavigne said he was “deeply disappointed” by the court’s decision, arguing it would hinder his school’s efforts to build a more diverse student body.\u003c/p>\n\u003cp>“The ability to consider race as one part of a holistic review of each applicant has helped to foster a campus environment at Stanford that is diverse in many ways, where people of varied backgrounds and experiences are able to learn from one another and contribute to the creation of knowledge,” he wrote.\u003c/p>\n\u003cp>Supporters of affirmative action bans, which have already been enacted to some degree in nine states — including California — say the practice is racially discriminatory and does little to increase economic mobility for the lowest-income students.\u003c/p>\n\u003cp>But until now, the high court has consistently preserved race-conscious admission practices, upholding affirmative action in two separate challenges over the last 20 years.\u003c/p>\n\u003cp>That departure was underscored in Justice Ketanji Brown Jackson’s biting dissent.\u003c/p>\n\u003cp>“With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat,” she wrote. “But deeming race irrelevant in law does not make it so in life.”\u003c/p>\n\u003cp>Since banning affirmative action in 1996, the University of California has spent more than $500 million on programs aimed at recruiting and graduating lower-income students and students who are first in their family to attend college.[aside label=\"more on affirmative action\" tag=\"affirmative-action\"]The UC system also \u003ca href=\"https://admission.universityofcalifornia.edu/admission-requirements/freshman-requirements/california-residents/statewide-guarantee/\">started a program\u003c/a> that guarantees admission to the top 9% of students in each high school across the state, an attempt to attract strong students from diverse backgrounds.\u003c/p>\n\u003cp>But those efforts have not had the success many had hoped for. By 1998, just two years after the state ban went into effect, \u003ca href=\"https://www.nytimes.com/1998/04/01/us/black-and-hispanic-admissions-off-sharply-at-u-of-california.html\">Black and Hispanic enrollment fell dramatically at UC Berkeley and UCLA\u003c/a>, the system’s two most selective campuses.\u003c/p>\n\u003cp>“Particularly at UC’s most selective campuses, feelings of racial isolation persist and hinder UC’s efforts to provide the educational benefits of diversity,” the \u003ca href=\"https://www.supremecourt.gov/DocketPDF/20/20-1199/232355/20220801134931730_20-1199%20bsac%20University%20of%20California.pdf\">University of California wrote (PDF)\u003c/a> in a brief submitted to the Supreme Court, urging it to uphold affirmative action policies. “Second, UC’s student population at many of its campuses is now starkly different, demographically speaking, from the population of California high school graduates. That raises concerns that UC is not enrolling sufficient students with diverse perspectives, and that it will not be perceived as open to, and welcoming of, all students across the State — which in turn threatens its legitimacy in the eyes of citizens of California.”\u003c/p>\n\u003cp>In the wake of the court’s decision on Thursday, \u003ca href=\"https://www.politico.com/newsletters/playbook-pm/2023/06/29/biden-slams-scotus-this-is-not-a-normal-court-00104223?tab=most-read\">President Joe Biden\u003c/a> and Gov. Gavin Newsom expressed similar concerns.\u003c/p>\n\u003cp>“Right-wing activists — including those donning robes — are trying to take us back to the era of book bans and segregated campuses,” Newsom said in a press statement. “While the path to equal opportunity has now been narrowed for millions of students, no court case will ever shatter the California Dream. Our campus doors remain open for all who want to work hard — and our commitment to diversity, equity, and equal opportunity has never been stronger.”\u003c/p>\n\u003cp>Meanwhile, a host of progressive organizations in California that focus on racial and economic justice for Asian Americans lambasted the decision as an attack on racial diversity and opportunity.\u003c/p>\n\u003cp>“For Asian American students and all others, racially diverse student bodies both enhance their learning and foster understanding of each student’s lived experience,” Connie Chung Joe, CEO of Asian Americans Advancing Justice Southern California, said in a press statement. “In our ever-changing global economy and platform, we must continue to give all students the opportunity to fulfill their potential and shape a future built strong on our biggest asset — our diversity.”\u003c/p>\n\u003cp>And San Francisco City Attorney David Chiu said that affirmative action policies have helped people like him have opportunities that may not have otherwise been possible.\u003c/p>\n\u003cp>“I am an Asian American Harvard graduate, who would not be in a public policy career but for an affirmative action program,” Chiu said in a press statement following the decision Tuesday. We know that students at more diverse campuses benefit academically and socially.”\u003c/p>\n\u003cp>The court’s decision, he added, “is simply another attempt to roll back civil rights and the progress made in recent years.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The decision, which comes nearly 30 years after California voters banned the state's public universities from considering race in admissions, effectively extends that ban to private colleges, including the University of San Francisco, Stanford and Santa Clara universities. ","status":"publish","parent":0,"modified":1688100571,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1480},"headData":{"title":"US Supreme Court Strikes Down Affirmative Action, Barring California Private Universities From Considering Race in Admissions | KQED","description":"The decision, which comes nearly 30 years after California voters banned the state's public universities from considering race in admissions, effectively extends that ban to private colleges, including the University of San Francisco, Stanford and Santa Clara universities. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11954612/u-s-supreme-court-strikes-down-affirmative-action-barring-california-private-universities-from-considering-race-in-admissions","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf\">U.S. Supreme Court ruling (PDF)\u003c/a> barring colleges from considering race in admissions effectively outlaws affirmative action at California’s private universities, broadly expanding a ban that had previously only applied to the state’s public campuses.\u003c/p>\n\u003cp>In Thursday’s 6-3 decision, the court’s conservative majority invalidated race-conscious admissions policies at Harvard University and the University of North Carolina, the nation’s oldest private and public colleges, respectively, finding them in violation of the Constitution’s guarantee of equal protection. The historic ruling overturns a spate of cases reaching back nearly half a century and will force the nation’s private and public universities to dramatically alter how they select their students.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We’ve spent decades building out an academic program to welcome a student population that looks like the future of our nation. To be told now that we cannot use race as a particular factor is going to cause us to think very hard to figure out a way to continue our mission.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Rev. Paul Fitzgerald, president, University of San Francisco","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Writing for the court’s majority, Chief Justice John Roberts said that for too long universities have “concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.”\u003c/p>\n\u003cp>“The entire point of the Equal Protection Clause is that treating someone differently because of their skin color is not like treating them differently because they are from a city or from a suburb, or because they play the violin poorly or well,” Roberts said.\u003c/p>\n\u003cp>The decision, bringing a long-sought conservative goal to fruition, comes nearly 30 years after California voters \u003ca href=\"https://lao.ca.gov/ballot/1996/prop209_11_1996.html\">passed Proposition 209\u003c/a>, which prohibited the state’s public universities — including those in the University of California and California State University systems — from considering race and gender in admissions and hiring decisions. But that law did not apply to the state’s private colleges, including University of San Francisco, Stanford and Santa Clara universities, who until now have continued to consider race as a factor in admissions.\u003c/p>\n\u003cp>Leaders of numerous private colleges across California were quick to denounce the court’s decision, calling it a major setback to efforts aimed at diversifying campuses and to expand opportunities for underrepresented student populations.\u003c/p>\n\u003cp>“The ruling is quite disturbing and really quite challenging to us,” said Rev. Paul Fitzgerald, president of the University of San Francisco. “We’ve spent decades building out an academic program to welcome a student population that looks like the future of our nation. To be told now that we cannot use race as a particular factor is going to cause us to think very hard to figure out a way to continue our mission.”\u003c/p>\n\u003cp>Fitzgerald noted his school has worked to draw communities that are historically underrepresented on college campuses, including outreach at high schools that serve primarily Black, Latino or Indigenous students.\u003c/p>\n\u003cp>The court’s ruling was the culmination of a lawsuit first brought against Harvard in 2014 when a group called Students for Fair Admissions argued the university’s consideration of race in admission decisions unfairly discriminated against Asian students. The group made a similar argument in its subsequent suit against the University of North Carolina.\u003c/p>\n\u003cfigure id=\"attachment_11954607\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11954607\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED.jpg\" alt=\"People with the Asian American Coalition for Education rally outside of the Supreme Court of the United States in Washington, DC on June 29, 2023.\" width=\"2000\" height=\"1333\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED.jpg 2000w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/230629-SCOTUS-AFFIRMATIVE-ACTION-GETTY-KN-02-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Members of the Asian American Coalition for Education, who oppose affirmative action in college admissions decisions, rally outside of the US Supreme Court in Washington, DC on June 29, 2023. \u003ccite>(Kent Nishimura/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Stanford threw its support behind the school’s affirmative action policies, and last August submitted an amicus brief to the Supreme Court outlining how race is just one element the university considers when reviewing applications.\u003c/p>\n\u003cp>“These factors, among numerous others and viewed in the context of the entire application, may sometimes shed light on the critical questions of a candidate’s ability to deal with adversity and make the most of the opportunities that the University offers,” Stanford’s \u003ca href=\"https://news.stanford.edu/report/wp-content/uploads/sites/3/2022/08/20-1199-21-707-MIT-et-al.-Amici-Brief.pdf\">brief (PDF)\u003c/a> reads.\u003c/p>\n\u003cp>In an email to students and faculty on Thursday, Stanford President Marc Tessier-Lavigne said he was “deeply disappointed” by the court’s decision, arguing it would hinder his school’s efforts to build a more diverse student body.\u003c/p>\n\u003cp>“The ability to consider race as one part of a holistic review of each applicant has helped to foster a campus environment at Stanford that is diverse in many ways, where people of varied backgrounds and experiences are able to learn from one another and contribute to the creation of knowledge,” he wrote.\u003c/p>\n\u003cp>Supporters of affirmative action bans, which have already been enacted to some degree in nine states — including California — say the practice is racially discriminatory and does little to increase economic mobility for the lowest-income students.\u003c/p>\n\u003cp>But until now, the high court has consistently preserved race-conscious admission practices, upholding affirmative action in two separate challenges over the last 20 years.\u003c/p>\n\u003cp>That departure was underscored in Justice Ketanji Brown Jackson’s biting dissent.\u003c/p>\n\u003cp>“With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat,” she wrote. “But deeming race irrelevant in law does not make it so in life.”\u003c/p>\n\u003cp>Since banning affirmative action in 1996, the University of California has spent more than $500 million on programs aimed at recruiting and graduating lower-income students and students who are first in their family to attend college.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"more on affirmative action ","tag":"affirmative-action"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The UC system also \u003ca href=\"https://admission.universityofcalifornia.edu/admission-requirements/freshman-requirements/california-residents/statewide-guarantee/\">started a program\u003c/a> that guarantees admission to the top 9% of students in each high school across the state, an attempt to attract strong students from diverse backgrounds.\u003c/p>\n\u003cp>But those efforts have not had the success many had hoped for. By 1998, just two years after the state ban went into effect, \u003ca href=\"https://www.nytimes.com/1998/04/01/us/black-and-hispanic-admissions-off-sharply-at-u-of-california.html\">Black and Hispanic enrollment fell dramatically at UC Berkeley and UCLA\u003c/a>, the system’s two most selective campuses.\u003c/p>\n\u003cp>“Particularly at UC’s most selective campuses, feelings of racial isolation persist and hinder UC’s efforts to provide the educational benefits of diversity,” the \u003ca href=\"https://www.supremecourt.gov/DocketPDF/20/20-1199/232355/20220801134931730_20-1199%20bsac%20University%20of%20California.pdf\">University of California wrote (PDF)\u003c/a> in a brief submitted to the Supreme Court, urging it to uphold affirmative action policies. “Second, UC’s student population at many of its campuses is now starkly different, demographically speaking, from the population of California high school graduates. That raises concerns that UC is not enrolling sufficient students with diverse perspectives, and that it will not be perceived as open to, and welcoming of, all students across the State — which in turn threatens its legitimacy in the eyes of citizens of California.”\u003c/p>\n\u003cp>In the wake of the court’s decision on Thursday, \u003ca href=\"https://www.politico.com/newsletters/playbook-pm/2023/06/29/biden-slams-scotus-this-is-not-a-normal-court-00104223?tab=most-read\">President Joe Biden\u003c/a> and Gov. Gavin Newsom expressed similar concerns.\u003c/p>\n\u003cp>“Right-wing activists — including those donning robes — are trying to take us back to the era of book bans and segregated campuses,” Newsom said in a press statement. “While the path to equal opportunity has now been narrowed for millions of students, no court case will ever shatter the California Dream. Our campus doors remain open for all who want to work hard — and our commitment to diversity, equity, and equal opportunity has never been stronger.”\u003c/p>\n\u003cp>Meanwhile, a host of progressive organizations in California that focus on racial and economic justice for Asian Americans lambasted the decision as an attack on racial diversity and opportunity.\u003c/p>\n\u003cp>“For Asian American students and all others, racially diverse student bodies both enhance their learning and foster understanding of each student’s lived experience,” Connie Chung Joe, CEO of Asian Americans Advancing Justice Southern California, said in a press statement. “In our ever-changing global economy and platform, we must continue to give all students the opportunity to fulfill their potential and shape a future built strong on our biggest asset — our diversity.”\u003c/p>\n\u003cp>And San Francisco City Attorney David Chiu said that affirmative action policies have helped people like him have opportunities that may not have otherwise been possible.\u003c/p>\n\u003cp>“I am an Asian American Harvard graduate, who would not be in a public policy career but for an affirmative action program,” Chiu said in a press statement following the decision Tuesday. We know that students at more diverse campuses benefit academically and socially.”\u003c/p>\n\u003cp>The court’s decision, he added, “is simply another attempt to roll back civil rights and the progress made in recent years.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11954612/u-s-supreme-court-strikes-down-affirmative-action-barring-california-private-universities-from-considering-race-in-admissions","authors":["11840"],"categories":["news_18540","news_8"],"tags":["news_1895","news_28520","news_221","news_27626","news_1928","news_1172","news_206"],"featImg":"news_11954671","label":"news"},"news_11950795":{"type":"posts","id":"news_11950795","meta":{"index":"posts_1591205157","site":"news","id":"11950795","score":null,"sort":[1685064193000]},"guestAuthors":[],"slug":"supreme-court-sharply-limits-federal-governments-ability-to-police-pollution-into-certain-wetlands","title":"Supreme Court Sharply Limits Federal Government's Ability to Police Pollution Into Certain Wetlands","publishDate":1685064193,"format":"standard","headTitle":"Supreme Court Sharply Limits Federal Government’s Ability to Police Pollution Into Certain Wetlands | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The \u003ca href=\"https://apnews.com/hub/us-supreme-court\">Supreme Court\u003c/a> on Thursday sharply \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-454_4g15.pdf\">limited the federal government’s authority to police water pollution (PDF)\u003c/a> into certain wetlands, the second decision in as many years in which a conservative majority narrowed the reach of \u003ca href=\"https://apnews.com/article/biden-politics-arizona-state-government-donald-trump-8d46b14c20cb0effcb52ace48220dcce\">environmental regulations\u003c/a>.\u003c/p>\n\u003cp>The outcome could threaten efforts to control flooding on the Mississippi River and protect the Chesapeake Bay, among many projects, wrote Justice Brett Kavanaugh, breaking with the other five conservatives. Environmental advocates said the decision would strip protections from tens of millions of acres of wetlands.\u003c/p>\n\u003cp>The justices boosted property rights over concerns about clean water in a ruling in favor of an \u003ca href=\"https://apnews.com/article/us-supreme-court-environment-lakes-pollution-water-pollution-31034c1d9df1a63cc0841b29ac7a3fe1\">Idaho couple\u003c/a> who sought to build a house near Priest Lake in the state’s panhandle. Chantell and Michael Sackett objected when federal officials identified a soggy portion of the property as a wetlands that required them to get a permit before filling it with rocks and soil.\u003c/p>\n\u003cp>By a 5–4 vote, the court said in an opinion by Justice Samuel Alito that wetlands can only be regulated under the \u003ca href=\"https://www.epa.gov/laws-regulations/summary-clean-water-act\">Clean Water Act\u003c/a> if they have a “continuous surface connection” to larger, regulated bodies of water. There is no such connection on the Sacketts’ property.\u003c/p>\n\u003cp>California water officials say they are disappointed with the decision, but that the ruling doesn’t block California’s stronger environmental rules.[pullquote align=\"right\" size=\"medium\" citation=\"President Joe Biden\"]‘The Supreme Court’s disappointing decision in Sackett v. EPA will take our country backwards.’[/pullquote]The Supreme Court ruled that the Clean Water Act only applies to wetlands with aboveground flow to main-stem rivers and other big bodies of water. California passed stronger environmental rules in 2019 protecting marshes that sit behind levees, dikes and dunes.\u003c/p>\n\u003cp>While the state is confident in its rules, Eric Buescher with Baykeeper says state law doesn’t require industry to report wetland pollution. “That self-identification is vital to communities knowing who is polluting or where pollution is occurring,” said Buescher.\u003c/p>\n\u003cp>The Clean Water Act also allowed for citizens to bring lawsuits, whereas state laws do not.\u003c/p>\n\u003cp>President Joe Biden said the court’s decision defies science and undermines a law that has been used for a half-century to make American waters cleaner.\u003c/p>\n\u003cp>“The Supreme Court’s disappointing decision in Sackett v. EPA will take our country backwards. It puts our Nation’s wetlands — and the rivers, streams, lakes, and ponds connected to them — at risk of pollution and destruction, jeopardizing the sources of clean water that millions of American families, farmers, and businesses rely on,” Biden said in a statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The court jettisoned the 17-year-old opinion by their former colleague, Anthony Kennedy, allowing regulation of what can be discharged into wetlands that could affect the health of the larger waterways.\u003c/p>\n\u003cp>Kennedy’s opinion covering wetlands that have a “significant nexus” to larger bodies of water had been the standard for evaluating whether permits were required for discharges under the 1972 landmark environmental law. Opponents had objected that the standard was vague and unworkable.[aside label=\"Related Stories\" postID=\"science_1981358,news_11946410,news_11944710\"]Reacting to the decision, Manish Bapna, chief executive of the Natural Resources Defense Council, called on Congress to amend the Clean Water Act to restore wetlands protections and on states to strengthen their own laws.\u003c/p>\n\u003cp>“The Supreme Court ripped the heart out of the law we depend on to protect American waters and wetlands. The majority chose to protect polluters at the expense of healthy wetlands and waterways. This decision will cause incalculable harm. Communities across the country will pay the price,” Bapna said in a statement.\u003c/p>\n\u003cp>The outcome almost certainly will affect ongoing court battles over \u003ca href=\"https://apnews.com/article/biden-politics-arizona-state-government-donald-trump-8d46b14c20cb0effcb52ace48220dcce\">new water regulations, including for wetlands,\u003c/a> that the Biden administration put in place in December. Two federal judges have \u003ca href=\"https://apnews.com/article/clean-water-act-epa-wotus-89ec06b09016564b0d721a6de9a9efb0\">temporarily blocked those rules\u003c/a> from being enforced in 26 states.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/epa-biden-water-sackett-wotus-congress-senate-ec5a4b66376fdc9252f77575e29043ce\">Congress voted in March\u003c/a> to overturn the administration’s new water rule, and, even though President Joe Biden vetoed the measure, the prospect of legislative action to restore wetlands protections anytime soon is remote.\u003c/p>\n\u003cp>The head of the Environmental Protection Agency, Michael S. Regan, credited the Clean Water Act with leading to “transformational progress” in cleaning up the nation’s waterways. “I am disappointed by today’s Supreme Court decision that erodes longstanding clean water protections,” Regan said in a statement.\u003c/p>\n\u003cp>Damien Schiff, who represented the Sacketts at the Supreme Court, said the decision appropriately narrowed the reach of the law. “Courts now have a clear measuring stick for fairness and consistency by federal regulators. Today’s ruling is a profound win for property rights and the constitutional separation of powers,” Schiff said in a statement issued by the property rights-focused Pacific Legal Foundation.[pullquote align=\"right\" size=\"medium\" citation=\"Manish Bapna, chief executive, Natural Resources Defense Council\"]‘The Supreme Court ripped the heart out of the law we depend on to protect American waters and wetlands.’[/pullquote]In Thursday’s ruling, all nine justices agreed that the wetlands on the Sacketts’ property are not covered by the act.\u003c/p>\n\u003cp>But only five justices joined in the opinion that imposed a new test for evaluating when wetlands are covered by the Clean Water Act. Chief Justice John Roberts, Justice Clarence Thomas and Alito would have adopted the narrower standard in 2006, in the last big wetlands case at the Supreme Court. They were joined Thursday by Justices Neil Gorsuch and Amy Coney Barrett.\u003c/p>\n\u003cp>Kavanaugh and the court’s three liberal justices charged that their colleagues had rewritten that law.\u003c/p>\n\u003cp>Kavanaugh wrote that the court’s “new and overly narrow test may leave long-regulated and long-accepted-to-be regulable wetlands suddenly beyond the scope of the agencies’ regulatory authority.”\u003c/p>\n\u003cp>Justice Elena Kagan wrote that the majority’s rewriting of the act was “an effort to cabin the anti-pollution actions Congress thought appropriate.” Kagan referenced last year’s decision limiting the regulation of greenhouse gas emissions under the Clean Air Act.\u003c/p>\n\u003cp>In both cases, she noted, the court had appointed “itself as the national decision-maker on environmental policy.” Kagan was joined in what she wrote by her liberal colleagues Sonia Sotomayor and Ketanji Brown Jackson.\u003c/p>\n\u003cp>The Sacketts paid $23,000 for a 0.63-acre lot near Priest Lake in 2005 and started building a three-bedroom home two years later.\u003c/p>\n\u003cp>They had filled part of the property, described in an appellate ruling as a “soggy residential lot,” with rocks and soil in preparation for construction, when officials with the EPA showed up and ordered a halt in the work.\u003c/p>\n\u003cp>They also won an earlier round in their legal fight at the Supreme Court.\u003c/p>\n\u003cp>The federal appeals court in San Francisco upheld the EPA’s determination in 2021, finding that part of the property, 300 feet from the lake and 30 feet from an unnamed waterway that flows into the lake, was wetlands.\u003c/p>\n\u003cp>The Sacketts’ own consultant had similarly advised them years ago that their property contained wetlands.\u003c/p>\n\u003cp>\u003cem>This story includes reporting by KQED’s Kevin Stark.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A conservative majority narrowed the reach of environmental regulations for the second time in two years as the Supreme Court sharply limits the federal government's authority to police water pollution into certain wetlands.","status":"publish","parent":0,"modified":1685071901,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1237},"headData":{"title":"Supreme Court Sharply Limits Federal Government's Ability to Police Pollution Into Certain Wetlands | KQED","description":"A conservative majority narrowed the reach of environmental regulations for the second time in two years as the Supreme Court sharply limits the federal government's authority to police water pollution into certain wetlands.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"nprByline":"Mark Sherman and Jessica Gresko\u003cbr>The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11950795/supreme-court-sharply-limits-federal-governments-ability-to-police-pollution-into-certain-wetlands","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The \u003ca href=\"https://apnews.com/hub/us-supreme-court\">Supreme Court\u003c/a> on Thursday sharply \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-454_4g15.pdf\">limited the federal government’s authority to police water pollution (PDF)\u003c/a> into certain wetlands, the second decision in as many years in which a conservative majority narrowed the reach of \u003ca href=\"https://apnews.com/article/biden-politics-arizona-state-government-donald-trump-8d46b14c20cb0effcb52ace48220dcce\">environmental regulations\u003c/a>.\u003c/p>\n\u003cp>The outcome could threaten efforts to control flooding on the Mississippi River and protect the Chesapeake Bay, among many projects, wrote Justice Brett Kavanaugh, breaking with the other five conservatives. Environmental advocates said the decision would strip protections from tens of millions of acres of wetlands.\u003c/p>\n\u003cp>The justices boosted property rights over concerns about clean water in a ruling in favor of an \u003ca href=\"https://apnews.com/article/us-supreme-court-environment-lakes-pollution-water-pollution-31034c1d9df1a63cc0841b29ac7a3fe1\">Idaho couple\u003c/a> who sought to build a house near Priest Lake in the state’s panhandle. Chantell and Michael Sackett objected when federal officials identified a soggy portion of the property as a wetlands that required them to get a permit before filling it with rocks and soil.\u003c/p>\n\u003cp>By a 5–4 vote, the court said in an opinion by Justice Samuel Alito that wetlands can only be regulated under the \u003ca href=\"https://www.epa.gov/laws-regulations/summary-clean-water-act\">Clean Water Act\u003c/a> if they have a “continuous surface connection” to larger, regulated bodies of water. There is no such connection on the Sacketts’ property.\u003c/p>\n\u003cp>California water officials say they are disappointed with the decision, but that the ruling doesn’t block California’s stronger environmental rules.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The Supreme Court’s disappointing decision in Sackett v. EPA will take our country backwards.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"President Joe Biden","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Supreme Court ruled that the Clean Water Act only applies to wetlands with aboveground flow to main-stem rivers and other big bodies of water. California passed stronger environmental rules in 2019 protecting marshes that sit behind levees, dikes and dunes.\u003c/p>\n\u003cp>While the state is confident in its rules, Eric Buescher with Baykeeper says state law doesn’t require industry to report wetland pollution. “That self-identification is vital to communities knowing who is polluting or where pollution is occurring,” said Buescher.\u003c/p>\n\u003cp>The Clean Water Act also allowed for citizens to bring lawsuits, whereas state laws do not.\u003c/p>\n\u003cp>President Joe Biden said the court’s decision defies science and undermines a law that has been used for a half-century to make American waters cleaner.\u003c/p>\n\u003cp>“The Supreme Court’s disappointing decision in Sackett v. EPA will take our country backwards. It puts our Nation’s wetlands — and the rivers, streams, lakes, and ponds connected to them — at risk of pollution and destruction, jeopardizing the sources of clean water that millions of American families, farmers, and businesses rely on,” Biden said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The court jettisoned the 17-year-old opinion by their former colleague, Anthony Kennedy, allowing regulation of what can be discharged into wetlands that could affect the health of the larger waterways.\u003c/p>\n\u003cp>Kennedy’s opinion covering wetlands that have a “significant nexus” to larger bodies of water had been the standard for evaluating whether permits were required for discharges under the 1972 landmark environmental law. Opponents had objected that the standard was vague and unworkable.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"science_1981358,news_11946410,news_11944710"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Reacting to the decision, Manish Bapna, chief executive of the Natural Resources Defense Council, called on Congress to amend the Clean Water Act to restore wetlands protections and on states to strengthen their own laws.\u003c/p>\n\u003cp>“The Supreme Court ripped the heart out of the law we depend on to protect American waters and wetlands. The majority chose to protect polluters at the expense of healthy wetlands and waterways. This decision will cause incalculable harm. Communities across the country will pay the price,” Bapna said in a statement.\u003c/p>\n\u003cp>The outcome almost certainly will affect ongoing court battles over \u003ca href=\"https://apnews.com/article/biden-politics-arizona-state-government-donald-trump-8d46b14c20cb0effcb52ace48220dcce\">new water regulations, including for wetlands,\u003c/a> that the Biden administration put in place in December. Two federal judges have \u003ca href=\"https://apnews.com/article/clean-water-act-epa-wotus-89ec06b09016564b0d721a6de9a9efb0\">temporarily blocked those rules\u003c/a> from being enforced in 26 states.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/epa-biden-water-sackett-wotus-congress-senate-ec5a4b66376fdc9252f77575e29043ce\">Congress voted in March\u003c/a> to overturn the administration’s new water rule, and, even though President Joe Biden vetoed the measure, the prospect of legislative action to restore wetlands protections anytime soon is remote.\u003c/p>\n\u003cp>The head of the Environmental Protection Agency, Michael S. Regan, credited the Clean Water Act with leading to “transformational progress” in cleaning up the nation’s waterways. “I am disappointed by today’s Supreme Court decision that erodes longstanding clean water protections,” Regan said in a statement.\u003c/p>\n\u003cp>Damien Schiff, who represented the Sacketts at the Supreme Court, said the decision appropriately narrowed the reach of the law. “Courts now have a clear measuring stick for fairness and consistency by federal regulators. Today’s ruling is a profound win for property rights and the constitutional separation of powers,” Schiff said in a statement issued by the property rights-focused Pacific Legal Foundation.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The Supreme Court ripped the heart out of the law we depend on to protect American waters and wetlands.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Manish Bapna, chief executive, Natural Resources Defense Council","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In Thursday’s ruling, all nine justices agreed that the wetlands on the Sacketts’ property are not covered by the act.\u003c/p>\n\u003cp>But only five justices joined in the opinion that imposed a new test for evaluating when wetlands are covered by the Clean Water Act. Chief Justice John Roberts, Justice Clarence Thomas and Alito would have adopted the narrower standard in 2006, in the last big wetlands case at the Supreme Court. They were joined Thursday by Justices Neil Gorsuch and Amy Coney Barrett.\u003c/p>\n\u003cp>Kavanaugh and the court’s three liberal justices charged that their colleagues had rewritten that law.\u003c/p>\n\u003cp>Kavanaugh wrote that the court’s “new and overly narrow test may leave long-regulated and long-accepted-to-be regulable wetlands suddenly beyond the scope of the agencies’ regulatory authority.”\u003c/p>\n\u003cp>Justice Elena Kagan wrote that the majority’s rewriting of the act was “an effort to cabin the anti-pollution actions Congress thought appropriate.” Kagan referenced last year’s decision limiting the regulation of greenhouse gas emissions under the Clean Air Act.\u003c/p>\n\u003cp>In both cases, she noted, the court had appointed “itself as the national decision-maker on environmental policy.” Kagan was joined in what she wrote by her liberal colleagues Sonia Sotomayor and Ketanji Brown Jackson.\u003c/p>\n\u003cp>The Sacketts paid $23,000 for a 0.63-acre lot near Priest Lake in 2005 and started building a three-bedroom home two years later.\u003c/p>\n\u003cp>They had filled part of the property, described in an appellate ruling as a “soggy residential lot,” with rocks and soil in preparation for construction, when officials with the EPA showed up and ordered a halt in the work.\u003c/p>\n\u003cp>They also won an earlier round in their legal fight at the Supreme Court.\u003c/p>\n\u003cp>The federal appeals court in San Francisco upheld the EPA’s determination in 2021, finding that part of the property, 300 feet from the lake and 30 feet from an unnamed waterway that flows into the lake, was wetlands.\u003c/p>\n\u003cp>The Sacketts’ own consultant had similarly advised them years ago that their property contained wetlands.\u003c/p>\n\u003cp>\u003cem>This story includes reporting by KQED’s Kevin Stark.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11950795/supreme-court-sharply-limits-federal-governments-ability-to-police-pollution-into-certain-wetlands","authors":["byline_news_11950795"],"categories":["news_19906","news_6188","news_8","news_356"],"tags":["news_24085","news_21506","news_1116","news_1172"],"featImg":"news_11950800","label":"news"},"news_11928967":{"type":"posts","id":"news_11928967","meta":{"index":"posts_1591205157","site":"news","id":"11928967","score":null,"sort":[1665787621000]},"guestAuthors":[],"slug":"the-supreme-court-is-slated-to-hear-a-major-affirmative-action-case-university-of-california-offers-a-cautionary-tale","title":"The Supreme Court Is Slated to Hear a Major Affirmative Action Case. University of California Offers a Cautionary Tale","publishDate":1665787621,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>The U.S. Supreme Court is set to soon decide whether race-based programs in admissions are lawful. California, where voters banned affirmative action in 1996, has already been down that road, and University of California officials have asked the court to allow race-conscious admissions policies elsewhere.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11844364,news_11844254,science_1970355\"]The proof of their need, officials and college access advocates say, is in UC’s series of failed efforts to increase diversity without affirmative action. The system’s latest attempt to make admissions more equitable was its high-profile decision to eliminate standardized test scores, but that too has so far had little impact in improving racial diversity.\u003c/p>\n\u003cp>The conservative-leaning Supreme Court is scheduled to hear arguments on October 31 in two cases, against Harvard University and the University of North Carolina at Chapel Hill, and could overturn a long-standing precedent allowing the consideration of race in college admissions.\u003c/p>\n\u003cp>California voters in 1996 approved Proposition 209, which banned affirmative action in college admissions.\u003c/p>\n\u003cp>UC has since implemented a number of policies designed to increase diversity, from outreach efforts targeted at students from lower-income families to admission guarantees to more students. But while those policies improved geographic diversity and increased enrollment among students from lower-income families, they have failed to bring racial diversity that’s representative of the state to UC’s student body, \u003ca href=\"https://www.supremecourt.gov/DocketPDF/20/20-1199/232355/20220801134931730_20-1199%20bsac%20University%20of%20California.pdf\">UC acknowledged in an amicus brief\u003c/a> it filed with the Supreme Court this summer.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>UC told the Supreme Court that “despite its extensive efforts, UC struggles to enroll a student body that is sufficiently racially diverse to attain the educational benefits of diversity. The shortfall is especially apparent at UC’s most selective campuses, where African American, Native American, and Latinx students are underrepresented and widely report struggling with feelings of racial isolation.”\u003c/p>\n\u003cp>The state’s high school seniors in 2021 were 54% Latino and 5.4% Black. But that fall, UC’s incoming freshmen were 26% Latino and 4.4% Black.\u003c/p>\n\u003cp>UC concluded to the court that its decades-long experience with race-neutral admissions “demonstrates that highly competitive universities may not be able to achieve the benefits of student body diversity through race-neutral measures alone.”\u003c/p>\n\u003cfigure id=\"attachment_11928982\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1.jpg\">\u003cimg class=\"size-medium wp-image-11928982\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1-800x500.jpg\" alt=\"college students in a study hall\" width=\"800\" height=\"500\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1-800x500.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1-1020x638.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1-160x100.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1.jpg 1200w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">University of California at Berkeley students on campus in the Martin Luther King Jr. Student Union. \u003ccite>(Alison Yin/EdSource)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The university’s newest policy change — eliminating standardized tests — could be the latest evidence that even admissions policies that remove barriers can’t achieve racial diversity to the degree that affirmative action would. Critics of the SAT and ACT have said the tests are biased in favor of affluent, mostly white and Asian students with better access to test preparation, tutoring and the ability to take the exams multiple times.\u003c/p>\n\u003cp>In 2020, the system of nine undergraduate campuses eliminated standardized tests in admissions, a decision that college access advocates hoped would result in higher enrollments of Black and Latino students.\u003c/p>\n\u003cp>But in fall 2021, the first term when incoming students weren’t required to take the SAT or ACT, UC enrolled roughly the same percentage of new Black and Latino students as it did in previous fall terms. Enrollment data for fall 2022 likely won’t be released until January, but UC admitted about the same proportion of Black and Latino students as it did last year. Since eliminating the tests, UC has seen a large spike in the number of Black and Latino students applying to the system, but more white and Asian students also have been applying.\u003c/p>\n\u003cp>Some UC officials say it shouldn’t be surprising that eliminating the tests hasn’t made a major difference in the racial makeup of UC students.\u003c/p>\n\u003cp>That’s mostly because test scores were already a small part of admissions decisions, which considered 14 factors, said Michelle Whittingham, associate vice chancellor of enrollment management at UC Santa Cruz.\u003c/p>\n\u003cp>“I think individuals all throughout the country and throughout the world that were watching the University of California kind of made an assumption that things drastically changed. And that’s not the case,” Whittingham said.\u003c/p>\n\u003cfigure id=\"attachment_11928989\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836.jpg\">\u003cimg class=\"size-medium wp-image-11928989\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836-800x527.jpg\" alt=\"students bicycle on a college campus\" width=\"800\" height=\"527\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836-800x527.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836-1020x671.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836-160x105.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Students cycle past Kearney Hall on the campus of UC Davis. \u003ccite>(Nick Otto/The Washington Post)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At the same time, officials note that test scores are just one barrier for underrepresented students. Access to supports like college counseling, Advanced Placement classes and small class sizes remain unequal across California and the country.\u003c/p>\n\u003cp>Others are cautioning, though, that it’s too early to draw conclusions because the system has been through only two admissions cycles without standardized tests and because there have been many other factors at play since the onset of the COVID-19 pandemic. In the amicus brief UC filed with the Supreme Court, the university wrote that it’s not yet clear what the impact of eliminating the tests will be.\u003c/p>\n\u003cp>“I would hesitate to draw conclusions from any singular data point over the last two years. Combining the effects of the global pandemic, with all the various things that went on, and then with the SAT requirement changes on top of that, I think it’s going to take a while before any of that makes sense in context,” said Dale Leaman, executive director of undergraduate admissions at UC Irvine.\u003c/p>\n\u003ch2>'A real dampening effect'\u003c/h2>\n\u003cp>After Proposition 209 banned UC from considering race in admissions, “freshmen enrollees from underrepresented minority groups dropped precipitously at UC,” the system wrote in the brief it filed with the Supreme Court.\u003c/p>\n\u003cp>That was true for each of UC’s campuses, but especially at its most selective campuses: UCLA and UC Berkeley. At UCLA, for example, Black students made up 7.13% of the freshman class in 1995 but just 3.43% in 1998. The proportion of Latino students dropped from 21.58% to 10.45% over the same period.\u003c/p>\n\u003cp>“There’s no question that when Prop. 209 passed, there was a real dampening effect on racial equity efforts,” said Audrey Dow, senior vice president at Campaign for College Opportunity, a group that advocates for better access to California universities.\u003c/p>\n\u003cp>Since Proposition 209 was approved by voters, UC has tried to increase diversity through several initiatives. The system has spent more than half a billion dollars implementing outreach programs, such as its \u003ca href=\"https://eaop.universityofcalifornia.edu/\">Early Academic Outreach Program\u003c/a> in which UC works directly with students from underserved high schools and helps them complete all admissions requirements and apply for financial aid. While those kinds of programs have helped UC enroll more students from lower-income families, they haven’t been as effective in enrolling higher percentages of Black and Latino students, according to the Supreme Court brief.\u003c/p>\n\u003cfigure id=\"attachment_11928992\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022.jpg\">\u003cimg class=\"size-medium wp-image-11928992\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022-800x534.jpg\" alt=\"Black students march on a college campus during a protest\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Members of the Black Student Union at UC Riverside march during a 2016 solidarity protest following the assault of an African American student at UC Davis by three white men. A recent amicus brief from the University of California system to the US Supreme Court stated that 'African American, Native American, and Latinx students are underrepresented and widely report struggling with feelings of racial isolation.' \u003ccite>(Marcus Yam/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2001, UC also implemented a local program that now guarantees admission somewhere in the system to California residents who are in the top 9% of their high school class. The program is a way to ensure that students at schools across the state have access to UC, and it has helped the system improve its geographic diversity. However, like the outreach programs, the local guarantees “have not substantially increased the racial diversity of students admitted to UC, and they have had little impact at the most selective campuses,” UC wrote in the brief.\u003c/p>\n\u003cp>Also in 2001, UC introduced holistic review in admissions. The system went from primarily using grades and test scores to determine whether a student was admitted to, instead, using the 14 factors — now 13 with the elimination of test scores. Among the factors that UC now considers is the location of a student’s high school as well as a student’s accomplishments in light of special circumstances, such as whether the student comes from a lower-income family or is the first in their family to attend college.\u003c/p>\n\u003cp>But UC acknowledged in its Supreme Court brief that holistic review “has not been sufficient to counteract the declines in diversity after Proposition 209.”\u003c/p>\n\u003cp>California voters recently had a chance to reverse course and allow UC to consider affirmative action. Proposition 16, on the ballot in 2020, would have repealed Proposition 209, \u003ca href=\"https://edsource.org/2020/voters-appear-to-be-rejecting-proposition-16-to-restore-affirmative-action/642910\">but it was defeated\u003c/a>.\u003c/p>\n\u003ch2>Admissions without test scores\u003c/h2>\n\u003cp>Before UC got rid of standardized tests from admissions decisions, admissions officials were already considering test scores “in context,” said Whittingham, from UC Santa Cruz.\u003c/p>\n\u003cp>For example, if one applicant scored a 1,200 on the SAT and had the highest score at their school, that might be more impressive to application readers than an applicant who scored a 1,300 but went to a school where that score was only average.\u003c/p>\n\u003cp>“That’s the critical piece,” Whittingham said.\u003c/p>\n\u003cp>That may explain why UC’s freshman cohort that entered in fall 2021 didn’t look significantly different from previous fall cohorts. About 4.4% of the class were Black students, compared to 4.1% in fall 2020. The share of Latino students was 26%, compared to about 25% the previous year, and that slight uptick may be attributed at least partly to demographic changes in California’s high school students.\u003c/p>\n\u003cp>Whittingham added that she thinks there’s “potential” for the elimination of test scores to eventually lead to more enrollment of Black and Latino students, but she doesn’t expect it to be a dramatic change.\u003c/p>\n\u003cp>Dow of the Campaign for College Opportunity said that eliminating the SAT and ACT from admissions was a “huge signal to students that you have a spot, you are welcome at the University of California.” That’s why, Dow said, UC saw a huge increase in applications for fall 2021 admissions, when freshman applications were up by about 18%, which included large spikes in the number of Black and Latino students applying.\u003c/p>\n\u003cp>Dow added, however, that UC won’t see those application trends translate into enrollments unless it can significantly expand capacity. “There simply isn’t the capacity to fit everybody that is eligible and deserving of a seat,” Dow said. “I think as we figure out the capacity challenge, we will continue on the track of eliminating barriers to students of color to the UC.”\u003c/p>\n\u003cfigure id=\"attachment_11923270\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-scaled.jpg\">\u003cimg class=\"size-medium wp-image-11923270\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-800x550.jpg\" alt=\"students walk through a plaza at UC Berkeley\" width=\"800\" height=\"550\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-800x550.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-1020x702.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-1536x1057.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-2048x1409.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-1920x1321.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People walk through Sproul Plaza on the UC Berkeley campus. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>UC has made it a priority to expand capacity and \u003ca href=\"https://edsource.org/2022/uc-plans-to-expand-enrollment-with-more-online-summer-programs-and-more-transfer-students/675641\">plans to add another 23,000 students by 2030\u003c/a>. However, that could be challenging at some campuses, especially the most competitive ones like Berkeley, which already is overcrowded to the point that it turns away thousands of students from on-campus housing every year.\u003c/p>\n\u003cp>Some UC officials are optimistic that eliminating the SAT and ACT will eventually translate to more enrollments of Black and Latino students. Leaman from UC Irvine as well as admissions officials with UC San Diego and UCLA told EdSource that they think it’s possible their campuses will see a higher percentage of those students enrolling in the coming years. That could be especially true if the negative impacts of the COVID-19 pandemic lessen since Black and Latino students have been \u003ca href=\"https://latino.ucla.edu/research/fact-sheet-education-covid/\">more likely to have their educational plans disrupted\u003c/a> by the pandemic.\u003c/p>\n\u003cp>If that happens, it would be a divergence from UC’s past measures that have failed to increase racial diversity across the system.\u003c/p>\n\u003cp>In its brief to the Supreme Court, UC wrote that its own experience demonstrates that universities need to “engage in limited consideration of race” in admissions.\u003c/p>\n\u003cp>“Such consideration remains justified by universities’ compelling interest in achieving the educational benefits of diversity — in bringing together young adults from all walks of life, who have had varying experiences informed by their localities, socioeconomic background, upbringing, and race, and instilling in them a capacity to appreciate each other’s viewpoints,” UC wrote.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://edsource.org/2022/as-supreme-court-considers-affirmative-action-case-university-of-california-offers-cautionary-tale/679692\">This story was originally published by EdSource.\u003c/a>\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"As the court prepares to consider race-based admissions at Harvard University and the University of North Carolina at Chapel Hill, the UC system says its efforts at increasing diversity without affirmative action have by and large failed.","status":"publish","parent":0,"modified":1665787621,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":2087},"headData":{"title":"The Supreme Court Is Slated to Hear a Major Affirmative Action Case. University of California Offers a Cautionary Tale | KQED","description":"As the court prepares to consider race-based admissions at Harvard University and the University of North Carolina at Chapel Hill, the UC system says its efforts at increasing diversity without affirmative action have by and large failed.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11928967 https://ww2.kqed.org/news/?p=11928967","disqusUrl":"https://ww2.kqed.org/news/2022/10/14/the-supreme-court-is-slated-to-hear-a-major-affirmative-action-case-university-of-california-offers-a-cautionary-tale/","disqusTitle":"The Supreme Court Is Slated to Hear a Major Affirmative Action Case. University of California Offers a Cautionary Tale","source":"EdSource","nprByline":"Michael Burke","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11928967/the-supreme-court-is-slated-to-hear-a-major-affirmative-action-case-university-of-california-offers-a-cautionary-tale","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court is set to soon decide whether race-based programs in admissions are lawful. California, where voters banned affirmative action in 1996, has already been down that road, and University of California officials have asked the court to allow race-conscious admissions policies elsewhere.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11844364,news_11844254,science_1970355"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The proof of their need, officials and college access advocates say, is in UC’s series of failed efforts to increase diversity without affirmative action. The system’s latest attempt to make admissions more equitable was its high-profile decision to eliminate standardized test scores, but that too has so far had little impact in improving racial diversity.\u003c/p>\n\u003cp>The conservative-leaning Supreme Court is scheduled to hear arguments on October 31 in two cases, against Harvard University and the University of North Carolina at Chapel Hill, and could overturn a long-standing precedent allowing the consideration of race in college admissions.\u003c/p>\n\u003cp>California voters in 1996 approved Proposition 209, which banned affirmative action in college admissions.\u003c/p>\n\u003cp>UC has since implemented a number of policies designed to increase diversity, from outreach efforts targeted at students from lower-income families to admission guarantees to more students. But while those policies improved geographic diversity and increased enrollment among students from lower-income families, they have failed to bring racial diversity that’s representative of the state to UC’s student body, \u003ca href=\"https://www.supremecourt.gov/DocketPDF/20/20-1199/232355/20220801134931730_20-1199%20bsac%20University%20of%20California.pdf\">UC acknowledged in an amicus brief\u003c/a> it filed with the Supreme Court this summer.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>UC told the Supreme Court that “despite its extensive efforts, UC struggles to enroll a student body that is sufficiently racially diverse to attain the educational benefits of diversity. The shortfall is especially apparent at UC’s most selective campuses, where African American, Native American, and Latinx students are underrepresented and widely report struggling with feelings of racial isolation.”\u003c/p>\n\u003cp>The state’s high school seniors in 2021 were 54% Latino and 5.4% Black. But that fall, UC’s incoming freshmen were 26% Latino and 4.4% Black.\u003c/p>\n\u003cp>UC concluded to the court that its decades-long experience with race-neutral admissions “demonstrates that highly competitive universities may not be able to achieve the benefits of student body diversity through race-neutral measures alone.”\u003c/p>\n\u003cfigure id=\"attachment_11928982\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1.jpg\">\u003cimg class=\"size-medium wp-image-11928982\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1-800x500.jpg\" alt=\"college students in a study hall\" width=\"800\" height=\"500\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1-800x500.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1-1020x638.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1-160x100.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/UCB_039-1200x750-1.jpg 1200w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">University of California at Berkeley students on campus in the Martin Luther King Jr. Student Union. \u003ccite>(Alison Yin/EdSource)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The university’s newest policy change — eliminating standardized tests — could be the latest evidence that even admissions policies that remove barriers can’t achieve racial diversity to the degree that affirmative action would. Critics of the SAT and ACT have said the tests are biased in favor of affluent, mostly white and Asian students with better access to test preparation, tutoring and the ability to take the exams multiple times.\u003c/p>\n\u003cp>In 2020, the system of nine undergraduate campuses eliminated standardized tests in admissions, a decision that college access advocates hoped would result in higher enrollments of Black and Latino students.\u003c/p>\n\u003cp>But in fall 2021, the first term when incoming students weren’t required to take the SAT or ACT, UC enrolled roughly the same percentage of new Black and Latino students as it did in previous fall terms. Enrollment data for fall 2022 likely won’t be released until January, but UC admitted about the same proportion of Black and Latino students as it did last year. Since eliminating the tests, UC has seen a large spike in the number of Black and Latino students applying to the system, but more white and Asian students also have been applying.\u003c/p>\n\u003cp>Some UC officials say it shouldn’t be surprising that eliminating the tests hasn’t made a major difference in the racial makeup of UC students.\u003c/p>\n\u003cp>That’s mostly because test scores were already a small part of admissions decisions, which considered 14 factors, said Michelle Whittingham, associate vice chancellor of enrollment management at UC Santa Cruz.\u003c/p>\n\u003cp>“I think individuals all throughout the country and throughout the world that were watching the University of California kind of made an assumption that things drastically changed. And that’s not the case,” Whittingham said.\u003c/p>\n\u003cfigure id=\"attachment_11928989\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836.jpg\">\u003cimg class=\"size-medium wp-image-11928989\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836-800x527.jpg\" alt=\"students bicycle on a college campus\" width=\"800\" height=\"527\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836-800x527.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836-1020x671.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836-160x105.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1204097836.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Students cycle past Kearney Hall on the campus of UC Davis. \u003ccite>(Nick Otto/The Washington Post)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At the same time, officials note that test scores are just one barrier for underrepresented students. Access to supports like college counseling, Advanced Placement classes and small class sizes remain unequal across California and the country.\u003c/p>\n\u003cp>Others are cautioning, though, that it’s too early to draw conclusions because the system has been through only two admissions cycles without standardized tests and because there have been many other factors at play since the onset of the COVID-19 pandemic. In the amicus brief UC filed with the Supreme Court, the university wrote that it’s not yet clear what the impact of eliminating the tests will be.\u003c/p>\n\u003cp>“I would hesitate to draw conclusions from any singular data point over the last two years. Combining the effects of the global pandemic, with all the various things that went on, and then with the SAT requirement changes on top of that, I think it’s going to take a while before any of that makes sense in context,” said Dale Leaman, executive director of undergraduate admissions at UC Irvine.\u003c/p>\n\u003ch2>'A real dampening effect'\u003c/h2>\n\u003cp>After Proposition 209 banned UC from considering race in admissions, “freshmen enrollees from underrepresented minority groups dropped precipitously at UC,” the system wrote in the brief it filed with the Supreme Court.\u003c/p>\n\u003cp>That was true for each of UC’s campuses, but especially at its most selective campuses: UCLA and UC Berkeley. At UCLA, for example, Black students made up 7.13% of the freshman class in 1995 but just 3.43% in 1998. The proportion of Latino students dropped from 21.58% to 10.45% over the same period.\u003c/p>\n\u003cp>“There’s no question that when Prop. 209 passed, there was a real dampening effect on racial equity efforts,” said Audrey Dow, senior vice president at Campaign for College Opportunity, a group that advocates for better access to California universities.\u003c/p>\n\u003cp>Since Proposition 209 was approved by voters, UC has tried to increase diversity through several initiatives. The system has spent more than half a billion dollars implementing outreach programs, such as its \u003ca href=\"https://eaop.universityofcalifornia.edu/\">Early Academic Outreach Program\u003c/a> in which UC works directly with students from underserved high schools and helps them complete all admissions requirements and apply for financial aid. While those kinds of programs have helped UC enroll more students from lower-income families, they haven’t been as effective in enrolling higher percentages of Black and Latino students, according to the Supreme Court brief.\u003c/p>\n\u003cfigure id=\"attachment_11928992\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022.jpg\">\u003cimg class=\"size-medium wp-image-11928992\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022-800x534.jpg\" alt=\"Black students march on a college campus during a protest\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-513161022.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Members of the Black Student Union at UC Riverside march during a 2016 solidarity protest following the assault of an African American student at UC Davis by three white men. A recent amicus brief from the University of California system to the US Supreme Court stated that 'African American, Native American, and Latinx students are underrepresented and widely report struggling with feelings of racial isolation.' \u003ccite>(Marcus Yam/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2001, UC also implemented a local program that now guarantees admission somewhere in the system to California residents who are in the top 9% of their high school class. The program is a way to ensure that students at schools across the state have access to UC, and it has helped the system improve its geographic diversity. However, like the outreach programs, the local guarantees “have not substantially increased the racial diversity of students admitted to UC, and they have had little impact at the most selective campuses,” UC wrote in the brief.\u003c/p>\n\u003cp>Also in 2001, UC introduced holistic review in admissions. The system went from primarily using grades and test scores to determine whether a student was admitted to, instead, using the 14 factors — now 13 with the elimination of test scores. Among the factors that UC now considers is the location of a student’s high school as well as a student’s accomplishments in light of special circumstances, such as whether the student comes from a lower-income family or is the first in their family to attend college.\u003c/p>\n\u003cp>But UC acknowledged in its Supreme Court brief that holistic review “has not been sufficient to counteract the declines in diversity after Proposition 209.”\u003c/p>\n\u003cp>California voters recently had a chance to reverse course and allow UC to consider affirmative action. Proposition 16, on the ballot in 2020, would have repealed Proposition 209, \u003ca href=\"https://edsource.org/2020/voters-appear-to-be-rejecting-proposition-16-to-restore-affirmative-action/642910\">but it was defeated\u003c/a>.\u003c/p>\n\u003ch2>Admissions without test scores\u003c/h2>\n\u003cp>Before UC got rid of standardized tests from admissions decisions, admissions officials were already considering test scores “in context,” said Whittingham, from UC Santa Cruz.\u003c/p>\n\u003cp>For example, if one applicant scored a 1,200 on the SAT and had the highest score at their school, that might be more impressive to application readers than an applicant who scored a 1,300 but went to a school where that score was only average.\u003c/p>\n\u003cp>“That’s the critical piece,” Whittingham said.\u003c/p>\n\u003cp>That may explain why UC’s freshman cohort that entered in fall 2021 didn’t look significantly different from previous fall cohorts. About 4.4% of the class were Black students, compared to 4.1% in fall 2020. The share of Latino students was 26%, compared to about 25% the previous year, and that slight uptick may be attributed at least partly to demographic changes in California’s high school students.\u003c/p>\n\u003cp>Whittingham added that she thinks there’s “potential” for the elimination of test scores to eventually lead to more enrollment of Black and Latino students, but she doesn’t expect it to be a dramatic change.\u003c/p>\n\u003cp>Dow of the Campaign for College Opportunity said that eliminating the SAT and ACT from admissions was a “huge signal to students that you have a spot, you are welcome at the University of California.” That’s why, Dow said, UC saw a huge increase in applications for fall 2021 admissions, when freshman applications were up by about 18%, which included large spikes in the number of Black and Latino students applying.\u003c/p>\n\u003cp>Dow added, however, that UC won’t see those application trends translate into enrollments unless it can significantly expand capacity. “There simply isn’t the capacity to fit everybody that is eligible and deserving of a seat,” Dow said. “I think as we figure out the capacity challenge, we will continue on the track of eliminating barriers to students of color to the UC.”\u003c/p>\n\u003cfigure id=\"attachment_11923270\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-scaled.jpg\">\u003cimg class=\"size-medium wp-image-11923270\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-800x550.jpg\" alt=\"students walk through a plaza at UC Berkeley\" width=\"800\" height=\"550\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-800x550.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-1020x702.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-1536x1057.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-2048x1409.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1385201995-1920x1321.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People walk through Sproul Plaza on the UC Berkeley campus. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>UC has made it a priority to expand capacity and \u003ca href=\"https://edsource.org/2022/uc-plans-to-expand-enrollment-with-more-online-summer-programs-and-more-transfer-students/675641\">plans to add another 23,000 students by 2030\u003c/a>. However, that could be challenging at some campuses, especially the most competitive ones like Berkeley, which already is overcrowded to the point that it turns away thousands of students from on-campus housing every year.\u003c/p>\n\u003cp>Some UC officials are optimistic that eliminating the SAT and ACT will eventually translate to more enrollments of Black and Latino students. Leaman from UC Irvine as well as admissions officials with UC San Diego and UCLA told EdSource that they think it’s possible their campuses will see a higher percentage of those students enrolling in the coming years. That could be especially true if the negative impacts of the COVID-19 pandemic lessen since Black and Latino students have been \u003ca href=\"https://latino.ucla.edu/research/fact-sheet-education-covid/\">more likely to have their educational plans disrupted\u003c/a> by the pandemic.\u003c/p>\n\u003cp>If that happens, it would be a divergence from UC’s past measures that have failed to increase racial diversity across the system.\u003c/p>\n\u003cp>In its brief to the Supreme Court, UC wrote that its own experience demonstrates that universities need to “engage in limited consideration of race” in admissions.\u003c/p>\n\u003cp>“Such consideration remains justified by universities’ compelling interest in achieving the educational benefits of diversity — in bringing together young adults from all walks of life, who have had varying experiences informed by their localities, socioeconomic background, upbringing, and race, and instilling in them a capacity to appreciate each other’s viewpoints,” UC wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://edsource.org/2022/as-supreme-court-considers-affirmative-action-case-university-of-california-offers-cautionary-tale/679692\">This story was originally published by EdSource.\u003c/a>\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11928967/the-supreme-court-is-slated-to-hear-a-major-affirmative-action-case-university-of-california-offers-a-cautionary-tale","authors":["byline_news_11928967"],"categories":["news_18540","news_8"],"tags":["news_1895","news_29609","news_1172","news_206"],"featImg":"news_11928975","label":"source_news_11928967"},"news_11927574":{"type":"posts","id":"news_11927574","meta":{"index":"posts_1591205157","site":"news","id":"11927574","score":null,"sort":[1664837058000]},"guestAuthors":[],"slug":"the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket","title":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket","publishDate":1664837058,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>After a tumultuous term that ended in June, the U.S. Supreme Court returns Monday to officially open a second potentially stormy term.\u003c/p>\n\u003cp>It may be hard to beat last term's sustained and dramatic turn to the right, which included most prominently the overturning of a half century of precedents that had guaranteed women the right to terminate most pregnancies. But the court may well rock the boat again, despite the fact that it finds its approval ratings plummeting to historic lows.\u003c/p>\n\u003cp>So much so that Chief Justice John Roberts sought to defend the court's legitimacy while speaking to a conference of judges and lawyers in Colorado.\u003c/p>\n\u003cp>\"Decisions have always been subject to intense criticism, and that is entirely appropriate,\" he said, \"but lately, the criticism is phrased in terms of ... the legitimacy of the court.\" That, he said is \"a mistake.\"\u003c/p>\n\u003cp>It is the job of the court to say what the law is, he said, \"and that role doesn't change simply because people disagree with this opinion or that opinion.\" After all, he said, \"You don't want the political branches telling you what the law is, and you don't want public opinion to be the guide of what the appropriate decision is.\"\u003c/p>\n\u003ch3>A dissenting view from Justice Kagan\u003c/h3>\n\u003cp>But Justice Elena Kagan pointedly disagreed with some of what Roberts said, noting in three separate appearances that in her view a court's legitimacy has to be earned.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11917776,news_11917650,news_11910550\"]Precedent should only be reversed in the rarest of cases, she said at Northwestern's Pritzker School of Law. Precedent, she said, is a \"foundation stone of law,\" a doctrine of stability that \"tells people they can rely on the law.\" But if, \"all of a sudden everything is up for grabs, all of a sudden very fundamental principles of law are being overthrown ... then people have a right to say, 'You know, what's going on there? That doesn't seem very law-like.'\"\u003c/p>\n\u003cp>Or as she put it at Salve Regina University in Rhode Island: \"The court shouldn't be wandering around just inserting itself into every hot-button issue in America, and it especially shouldn't be doing that in a way that reflects one set of political views over another.\"\u003c/p>\n\u003cp>Kagan can see, probably better than the rest of us, that there may well be more dramatic right turns again this year on everything from affirmative action to voting rights, clean water regulations and an asserted First Amendment right to discriminate against same-sex couples in public accommodations. Indeed, the conservative court's appetite for hot-button issues appears unabated.\u003c/p>\n\u003ch2>More hot-button issues\u003c/h2>\n\u003cp>The question of precedent will rear its head again this term in a case challenging the affirmative action programs at Harvard and the University of North Carolina. For more than four decades, the court has ruled that race may be one of many factors considered in college admissions. But the issue is back this term before a very different court. The starkest question is whether the previous decisions were grievously wrong, the same rationale the court majority used last term in overturning Roe v. Wade.\u003c/p>\n\u003cp>In the affirmative action case, the challengers' case rests heavily on the Supreme Court's 1954 decision outlawing segregation in public schools. In other words, affirmative action, they say, is a form of discrimination.\u003c/p>\n\u003cp>Race is also at the heart of a new challenge to a provision of the Voting Rights Act. Since 2013, the court has struck down or neutered key provisions of the landmark 1965 law. And it appears poised to do it again in a case that involves allegations that Alabama engaged in racial gerrymandering to limit the influence of African American voters.\u003c/p>\n\u003cp>Race is also central in a challenge to the 1978 Indian Child Welfare Act. Texas and a group of white adoptive parents are challenging the law because it mandates that where at all possible, Indian children are to be adopted or fostered in Indian homes.\u003c/p>\n\u003cp>There are two other huge cases before the court that will garner lots of attention. One is a test of civil rights laws that exist in most states requiring that when a commercial entity offers products or services to the public, the business may not discriminate based on race, religion, national origin or gender.\u003c/p>\n\u003cp>Challenging these laws is Lorie Smith, a web designer in Colorado who doesn't want to make designs for same-sex couples because she asserts that would violate her religious principles. But the Supreme Court is not hearing the challenge on the basis of Smith's claim to the free exercise of religion. Instead, the court has limited the case to Smith's claim that the law violates her right to free expression.\u003c/p>\n\u003cp>As Georgetown University's Kelsi Corkran puts it, \"if Smith is correct that there's a free speech right to selectively choose her customers based on the messages she wants to endorse,\" the law would also permit a white supremacist to deny services to people of color because that, too, \"would be a message of endorsement.\"\u003c/p>\n\u003ch2>The fate of elections\u003c/h2>\n\u003cp>Last but certainly not least, the court will hear a major election law case involving the so-called independent state legislature theory.\u003c/p>\n\u003cp>In the current case, the North Carolina Supreme Court struck down a congressional redistricting plan on the grounds that it was an unconstitutional partisan gerrymander barred by the state constitution. The Republican leaders of the state Legislature challenged the state court decision. They contend it violates Article I of the U.S. Constitution, which states that \"the times, places, and manner\" of congressional elections \"shall be prescribed in each state by the [state] legislature.\"\u003c/p>\n\u003cp>That argument, in its most extreme form, would mean that no state court and no state agency could interfere with the state legislature's version of election rules, regardless of the rules set down in the state constitution.\u003c/p>\n\u003cp>Opponents contend that would mean that state legislatures would be free to do almost anything they want, without any supervision by state courts, and without being able to delegate to local officials rules on how to run elections.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>While state judges across the country frequently disagree, in this case the national Conference of Chief Justices, representing all the chief legal officers in the 50 states, has filed a brief opposing much of North Carolina's argument. State judges, the group says, do have the power under the U.S. Constitution to review state election laws.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2022 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Supreme+Court+will+begin+a+new+term+with+more+contentious+cases+on+its+docket&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n","blocks":[],"excerpt":"The fate of affirmative action programs in college admissions, redistricting and elections are in the hands of the justices as the U.S. Supreme Court begins its new term.","status":"publish","parent":0,"modified":1664839168,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1107},"headData":{"title":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket | KQED","description":"The fate of affirmative action programs in college admissions, redistricting and elections are in the hands of the justices as the U.S. Supreme Court begins its new term.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11927574 https://ww2.kqed.org/news/?p=11927574","disqusUrl":"https://ww2.kqed.org/news/2022/10/03/the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket/","disqusTitle":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket","nprImageCredit":"Collection of the Supreme Court of the United States","nprByline":"Nina Totenberg","nprImageAgency":"Getty Images","nprStoryId":"1126041958","nprApiLink":"http://api.npr.org/query?id=1126041958&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2022/10/03/1126041958/supreme-court-new-term?ft=nprml&f=1126041958","nprRetrievedStory":"1","nprPubDate":"Mon, 03 Oct 2022 17:19:00 -0400","nprStoryDate":"Mon, 03 Oct 2022 05:00:08 -0400","nprLastModifiedDate":"Mon, 03 Oct 2022 17:19:18 -0400","nprAudio":"https://ondemand.npr.org/anon.npr-mp3/npr/me/2022/10/20221003_me_the_supreme_court_will_begin_a_new_term_with_more_contentious_cases_on_its_docket.mp3?orgId=1&topicId=1070&d=416&p=3&story=1126041958&ft=nprml&f=1126041958","nprAudioM3u":"http://api.npr.org/m3u/11126519007-2149e2.m3u?orgId=1&topicId=1070&d=416&p=3&story=1126041958&ft=nprml&f=1126041958","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11927574/the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket","audioUrl":"https://ondemand.npr.org/anon.npr-mp3/npr/me/2022/10/20221003_me_the_supreme_court_will_begin_a_new_term_with_more_contentious_cases_on_its_docket.mp3?orgId=1&topicId=1070&d=416&p=3&story=1126041958&ft=nprml&f=1126041958","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a tumultuous term that ended in June, the U.S. Supreme Court returns Monday to officially open a second potentially stormy term.\u003c/p>\n\u003cp>It may be hard to beat last term's sustained and dramatic turn to the right, which included most prominently the overturning of a half century of precedents that had guaranteed women the right to terminate most pregnancies. But the court may well rock the boat again, despite the fact that it finds its approval ratings plummeting to historic lows.\u003c/p>\n\u003cp>So much so that Chief Justice John Roberts sought to defend the court's legitimacy while speaking to a conference of judges and lawyers in Colorado.\u003c/p>\n\u003cp>\"Decisions have always been subject to intense criticism, and that is entirely appropriate,\" he said, \"but lately, the criticism is phrased in terms of ... the legitimacy of the court.\" That, he said is \"a mistake.\"\u003c/p>\n\u003cp>It is the job of the court to say what the law is, he said, \"and that role doesn't change simply because people disagree with this opinion or that opinion.\" After all, he said, \"You don't want the political branches telling you what the law is, and you don't want public opinion to be the guide of what the appropriate decision is.\"\u003c/p>\n\u003ch3>A dissenting view from Justice Kagan\u003c/h3>\n\u003cp>But Justice Elena Kagan pointedly disagreed with some of what Roberts said, noting in three separate appearances that in her view a court's legitimacy has to be earned.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11917776,news_11917650,news_11910550"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Precedent should only be reversed in the rarest of cases, she said at Northwestern's Pritzker School of Law. Precedent, she said, is a \"foundation stone of law,\" a doctrine of stability that \"tells people they can rely on the law.\" But if, \"all of a sudden everything is up for grabs, all of a sudden very fundamental principles of law are being overthrown ... then people have a right to say, 'You know, what's going on there? That doesn't seem very law-like.'\"\u003c/p>\n\u003cp>Or as she put it at Salve Regina University in Rhode Island: \"The court shouldn't be wandering around just inserting itself into every hot-button issue in America, and it especially shouldn't be doing that in a way that reflects one set of political views over another.\"\u003c/p>\n\u003cp>Kagan can see, probably better than the rest of us, that there may well be more dramatic right turns again this year on everything from affirmative action to voting rights, clean water regulations and an asserted First Amendment right to discriminate against same-sex couples in public accommodations. Indeed, the conservative court's appetite for hot-button issues appears unabated.\u003c/p>\n\u003ch2>More hot-button issues\u003c/h2>\n\u003cp>The question of precedent will rear its head again this term in a case challenging the affirmative action programs at Harvard and the University of North Carolina. For more than four decades, the court has ruled that race may be one of many factors considered in college admissions. But the issue is back this term before a very different court. The starkest question is whether the previous decisions were grievously wrong, the same rationale the court majority used last term in overturning Roe v. Wade.\u003c/p>\n\u003cp>In the affirmative action case, the challengers' case rests heavily on the Supreme Court's 1954 decision outlawing segregation in public schools. In other words, affirmative action, they say, is a form of discrimination.\u003c/p>\n\u003cp>Race is also at the heart of a new challenge to a provision of the Voting Rights Act. Since 2013, the court has struck down or neutered key provisions of the landmark 1965 law. And it appears poised to do it again in a case that involves allegations that Alabama engaged in racial gerrymandering to limit the influence of African American voters.\u003c/p>\n\u003cp>Race is also central in a challenge to the 1978 Indian Child Welfare Act. Texas and a group of white adoptive parents are challenging the law because it mandates that where at all possible, Indian children are to be adopted or fostered in Indian homes.\u003c/p>\n\u003cp>There are two other huge cases before the court that will garner lots of attention. One is a test of civil rights laws that exist in most states requiring that when a commercial entity offers products or services to the public, the business may not discriminate based on race, religion, national origin or gender.\u003c/p>\n\u003cp>Challenging these laws is Lorie Smith, a web designer in Colorado who doesn't want to make designs for same-sex couples because she asserts that would violate her religious principles. But the Supreme Court is not hearing the challenge on the basis of Smith's claim to the free exercise of religion. Instead, the court has limited the case to Smith's claim that the law violates her right to free expression.\u003c/p>\n\u003cp>As Georgetown University's Kelsi Corkran puts it, \"if Smith is correct that there's a free speech right to selectively choose her customers based on the messages she wants to endorse,\" the law would also permit a white supremacist to deny services to people of color because that, too, \"would be a message of endorsement.\"\u003c/p>\n\u003ch2>The fate of elections\u003c/h2>\n\u003cp>Last but certainly not least, the court will hear a major election law case involving the so-called independent state legislature theory.\u003c/p>\n\u003cp>In the current case, the North Carolina Supreme Court struck down a congressional redistricting plan on the grounds that it was an unconstitutional partisan gerrymander barred by the state constitution. The Republican leaders of the state Legislature challenged the state court decision. They contend it violates Article I of the U.S. Constitution, which states that \"the times, places, and manner\" of congressional elections \"shall be prescribed in each state by the [state] legislature.\"\u003c/p>\n\u003cp>That argument, in its most extreme form, would mean that no state court and no state agency could interfere with the state legislature's version of election rules, regardless of the rules set down in the state constitution.\u003c/p>\n\u003cp>Opponents contend that would mean that state legislatures would be free to do almost anything they want, without any supervision by state courts, and without being able to delegate to local officials rules on how to run elections.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While state judges across the country frequently disagree, in this case the national Conference of Chief Justices, representing all the chief legal officers in the 50 states, has filed a brief opposing much of North Carolina's argument. State judges, the group says, do have the power under the U.S. Constitution to review state election laws.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2022 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Supreme+Court+will+begin+a+new+term+with+more+contentious+cases+on+its+docket&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11927574/the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket","authors":["byline_news_11927574"],"categories":["news_6188","news_8"],"tags":["news_31752","news_23960","news_20682","news_282","news_201","news_1172"],"affiliates":["news_253"],"featImg":"news_11927575","label":"news_253"},"news_11920007":{"type":"posts","id":"news_11920007","meta":{"index":"posts_1591205157","site":"news","id":"11920007","score":null,"sort":[1658363789000]},"guestAuthors":[],"slug":"worth-going-to-jail-if-necessary-rep-jackie-speier-on-getting-arrested-in-fight-for-abortion-rights","title":"'Worth Going to Jail If Necessary': Rep. Jackie Speier on Getting Arrested in Fight for Abortion Rights","publishDate":1658363789,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Bay Area Reps. Jackie Speier and Barbara Lee were among 17 members of Congress — and about 35 people altogether — arrested Tuesday for blocking a street near the U.S. Supreme Court during an abortion rights demonstration.[pullquote size='medium' align='right' citation=\"Rep. Jackie Speier\"]'It has everything to do with the fact that it was the most horrific decision that has come down since Dred Scott.'[/pullquote]Donning green bandanas that said \"Won't Back Down,\" the group \u003ca href=\"https://www.cnn.com/2022/07/19/politics/congress-members-arrested-abortion-protest-supreme-court/index.html\">marched from the Capitol\u003c/a>, and within minutes of arriving at the fenced-off court building were ordered by Capitol police to \"cease and desist.\" They instead sat down on the street, blocking traffic, and after repeated warnings from officers to disperse, were led away.\u003c/p>\n\u003cp>\"I've never been arrested before but I can hear the late Congressman John Lewis imploring me to get in good trouble,\" \u003ca href=\"https://twitter.com/RepSpeier/status/1549868431947825152?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet\">Speier wrote on Twitter\u003c/a>. \"We must be willing to speak out for patients who have the right to health care, and the fundamental right to bodily autonomy.\"\u003c/p>\n\u003cp>Other members of Congress arrested included Rep. Alexandria Ocasio-Cortez, D-New York, who said in a tweet that she and her colleagues made it back to the House in time to vote on bills later that day.\u003c/p>\n\u003cp>The protest follows last month's \u003ca href=\"https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn\">landmark ruling overturning Roe v. Wade\u003c/a> and rescinding the constitutional right to an abortion.\u003c/p>\n\u003cp>Speier, who represents parts of San Francisco and the Peninsula — and \u003ca href=\"https://www.politico.com/news/2021/11/16/jackie-speier-retiring-congress-522690\">plans to retire later at the end of her term \u003c/a>— spoke live from the Capitol on Wednesday with KQED's Brian Watt about her decision to participate in this act of civil disobedience.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>The following interview is edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Brian Watt: \u003c/strong>Why did the two of you and other members decide it was time to take an action like this?\u003c/p>\n\u003cp>\u003cstrong>Rep. Jackie Speier:\u003c/strong> It has everything to do with the fact that it was the most horrific decision that has come down since Dred Scott. And so 17 members joined in being arrested because that's how serious we think this is. We think it is worth going to jail if necessary.\u003c/p>\n\u003cp>It's very similar to the kind of civil disobedience that went on when women were trying to get the right to vote and suffragettes chained themselves to the fence at the White House and got jailed. And so we're going to take it to the streets and we'll do whatever is necessary to restore the right of every person in this country to have control over their bodies. Right now, we have what is called government-mandated pregnancy and it cannot stand.\u003c/p>\n\u003cp>\u003cstrong>Do you and other House Democrats plan to take it to the streets even more? More protests like this? And what kind of effect do you think they have?\u003c/strong>[aside label=\"Related Stories\" tag=\"abortion\"]I can't express to you what we're going to do next or if we're going to do anything next.\u003c/p>\n\u003cp>It was something we did to draw attention to the fact that, once again, we have\u003ca href=\"https://www.washingtonpost.com/politics/2022/07/15/house-abortion-roe-v-wade/\"> passed the Women's Health Protection Act\u003c/a> out of the House. We've done it twice now in less than six months. We also passed a bill that guaranteed contraception for women, and both those bills went to the Senate, and that's where they sit.\u003c/p>\n\u003cp>So we need to alert the American people, men and women, that if they care about their own independence, their ability to have some personal autonomy, that they need to vote their beliefs by voting for people that respect the right to choose and are people that are willing to restore the rights that were provided originally.\u003c/p>\n\u003cp>\u003cstrong>Do you think this issue will motivate voters not just in a district like yours, but in others throughout the country that could be more competitive?\u003c/strong>\u003c/p>\n\u003cp>I absolutely do. I think these horrific examples, a 10-year-old rape victim having to travel across state lines to get an abortion and then to have that health care professional, that OBGYN, who did exactly what she was supposed to do — it was legal in Indiana — and report it to the appropriate department within two days, and then she is being smeared by the attorney general. I think people need to recognize the aberration that it is.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Bay Area Reps. Jackie Speier and Barbara Lee were among those arrested Tuesday as part of a group of demonstrators who blocked a street near the US Supreme Court to protest last month's ruling restricting abortion rights.","status":"publish","parent":0,"modified":1658375388,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":731},"headData":{"title":"'Worth Going to Jail If Necessary': Rep. Jackie Speier on Getting Arrested in Fight for Abortion Rights | KQED","description":"Bay Area Reps. Jackie Speier and Barbara Lee were among those arrested Tuesday as part of a group of demonstrators who blocked a street near the US Supreme Court to protest last month's ruling restricting abortion rights.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11920007 https://ww2.kqed.org/news/?p=11920007","disqusUrl":"https://ww2.kqed.org/news/2022/07/20/worth-going-to-jail-if-necessary-rep-jackie-speier-on-getting-arrested-in-fight-for-abortion-rights/","disqusTitle":"'Worth Going to Jail If Necessary': Rep. Jackie Speier on Getting Arrested in Fight for Abortion Rights","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/51165f69-88aa-4133-a66b-aed8011a5b1b/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11920007/worth-going-to-jail-if-necessary-rep-jackie-speier-on-getting-arrested-in-fight-for-abortion-rights","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Bay Area Reps. Jackie Speier and Barbara Lee were among 17 members of Congress — and about 35 people altogether — arrested Tuesday for blocking a street near the U.S. Supreme Court during an abortion rights demonstration.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It has everything to do with the fact that it was the most horrific decision that has come down since Dred Scott.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Rep. Jackie Speier","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Donning green bandanas that said \"Won't Back Down,\" the group \u003ca href=\"https://www.cnn.com/2022/07/19/politics/congress-members-arrested-abortion-protest-supreme-court/index.html\">marched from the Capitol\u003c/a>, and within minutes of arriving at the fenced-off court building were ordered by Capitol police to \"cease and desist.\" They instead sat down on the street, blocking traffic, and after repeated warnings from officers to disperse, were led away.\u003c/p>\n\u003cp>\"I've never been arrested before but I can hear the late Congressman John Lewis imploring me to get in good trouble,\" \u003ca href=\"https://twitter.com/RepSpeier/status/1549868431947825152?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet\">Speier wrote on Twitter\u003c/a>. \"We must be willing to speak out for patients who have the right to health care, and the fundamental right to bodily autonomy.\"\u003c/p>\n\u003cp>Other members of Congress arrested included Rep. Alexandria Ocasio-Cortez, D-New York, who said in a tweet that she and her colleagues made it back to the House in time to vote on bills later that day.\u003c/p>\n\u003cp>The protest follows last month's \u003ca href=\"https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn\">landmark ruling overturning Roe v. Wade\u003c/a> and rescinding the constitutional right to an abortion.\u003c/p>\n\u003cp>Speier, who represents parts of San Francisco and the Peninsula — and \u003ca href=\"https://www.politico.com/news/2021/11/16/jackie-speier-retiring-congress-522690\">plans to retire later at the end of her term \u003c/a>— spoke live from the Capitol on Wednesday with KQED's Brian Watt about her decision to participate in this act of civil disobedience.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>The following interview is edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Brian Watt: \u003c/strong>Why did the two of you and other members decide it was time to take an action like this?\u003c/p>\n\u003cp>\u003cstrong>Rep. Jackie Speier:\u003c/strong> It has everything to do with the fact that it was the most horrific decision that has come down since Dred Scott. And so 17 members joined in being arrested because that's how serious we think this is. We think it is worth going to jail if necessary.\u003c/p>\n\u003cp>It's very similar to the kind of civil disobedience that went on when women were trying to get the right to vote and suffragettes chained themselves to the fence at the White House and got jailed. And so we're going to take it to the streets and we'll do whatever is necessary to restore the right of every person in this country to have control over their bodies. Right now, we have what is called government-mandated pregnancy and it cannot stand.\u003c/p>\n\u003cp>\u003cstrong>Do you and other House Democrats plan to take it to the streets even more? More protests like this? And what kind of effect do you think they have?\u003c/strong>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"abortion"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>I can't express to you what we're going to do next or if we're going to do anything next.\u003c/p>\n\u003cp>It was something we did to draw attention to the fact that, once again, we have\u003ca href=\"https://www.washingtonpost.com/politics/2022/07/15/house-abortion-roe-v-wade/\"> passed the Women's Health Protection Act\u003c/a> out of the House. We've done it twice now in less than six months. We also passed a bill that guaranteed contraception for women, and both those bills went to the Senate, and that's where they sit.\u003c/p>\n\u003cp>So we need to alert the American people, men and women, that if they care about their own independence, their ability to have some personal autonomy, that they need to vote their beliefs by voting for people that respect the right to choose and are people that are willing to restore the rights that were provided originally.\u003c/p>\n\u003cp>\u003cstrong>Do you think this issue will motivate voters not just in a district like yours, but in others throughout the country that could be more competitive?\u003c/strong>\u003c/p>\n\u003cp>I absolutely do. I think these horrific examples, a 10-year-old rape victim having to travel across state lines to get an abortion and then to have that health care professional, that OBGYN, who did exactly what she was supposed to do — it was legal in Indiana — and report it to the appropriate department within two days, and then she is being smeared by the attorney general. I think people need to recognize the aberration that it is.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11920007/worth-going-to-jail-if-necessary-rep-jackie-speier-on-getting-arrested-in-fight-for-abortion-rights","authors":["11238","11509"],"categories":["news_8"],"tags":["news_866","news_30251","news_31255","news_23688","news_1172"],"featImg":"news_11920037","label":"news"},"news_11918174":{"type":"posts","id":"news_11918174","meta":{"index":"posts_1591205157","site":"news","id":"11918174","score":null,"sort":[1656507626000]},"guestAuthors":[],"slug":"central-valley-group-fears-local-repurcussions-of-abortion-ruling","title":"California Latinas for Reproductive Justice Group Fears Local Repercussions of Abortion Ruling","publishDate":1656507626,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>In the days since the U.S. Supreme Court’s controversial decision to strike down the longstanding constitutional right to abortion, huge protests and marches have taken place across the country. The ruling, which gives \u003ca class=\"c-link\" href=\"https://www.kqed.org/news/11913033/heres-what-could-happen-if-roe-v-wade-is-overturned\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://www.kqed.org/news/11913033/heres-what-could-happen-if-roe-v-wade-is-overturned\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">states the authority to ban abortion procedures\u003c/a>, will force scores of pregnant people to consider crossing state lines to seek treatment. [pullquote size=\"medium\" align=\"right\" citation=\"Laura Jiménez, director, California Latinas for Reproductive Justice\"]'We need to really center the solutions that we are coming up with around those most vulnerable in our state.'[/pullquote]\u003c/p>\n\u003cp>Experts say the decision likely will have a disproportionate impact on lower-income communities and people of color, especially in areas like the Central Valley that already have limited access to reproductive health care, making it harder to access health services as people from out of state search for similar appointments. According to \u003ca href=\"https://www.guttmacher.org/news-release/2022/us-supreme-court-overturns-roe-v-wade\">Dr. Herminia Palacio, president and CEO of the Guttmacher Institute\u003c/a>, 26 states are certain or likely to ban abortion completely, including 13 states that have “trigger” laws in place that automatically enacted bans once the decision was announced.\u003c/p>\n\u003cp>KQED's Natalia Navarro spoke with Laura Jiménez, director of California Latinas for Reproductive Justice, about the impacts of the Supreme Court's recent decision to overturn Roe v. Wade.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for brevity and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>NATALIA NAVARRO: We had you \u003ca href=\"https://www.kqed.org/news/11913144/slammed-back-to-the-dark-ages-abortion-rights-advocates-denounce-potential-overturn-of-roe-v-wade-in-sf-protest\">on the show\u003c/a> early last month when the draft opinion was leaked, suggesting the court would rule this way. We talked a lot about access to care and how organizations like yours were preparing. Does anything change now that the ruling is official? \u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>LAURA JIMÉNEZ: \u003c/strong>I don't think anything changes now that the ruling is official. I think we're still just in a defensive mode, I guess. We're really looking to see how we can best prepare ourselves to support not only the folks or residents here in California, but also any of our folks that need to come from out of state to seek health care services or seek abortions here in the state.[aside postID=\"news_11913144,news_11916950\" label=\"Related Posts\"]\u003cstrong>There's been a lot of stuff on the news, people talking about the influx of patients starting to come to California for care from nearby states now with abortion bans. But according to your organization, half of California counties already don't have an abortion provider. What is being done, if anything, to improve access within the state?\u003c/strong>\u003c/p>\n\u003cp>We have seen some really great forward steps from the governor and from the Legislature. I think they've got a total of $125 million that they put into the budget to put the money where their mouths are in terms of making California a sanctuary state for abortion. And so that means that there's funds, there's money going towards paying for abortions.\u003c/p>\n\u003cp>There's also commitment to funding community-based organizations and reproductive justice organizations for incentivizing people who are medical students of some kind to go into abortion, reproductive health, medicine, so that we have more providers. It's 40% of counties in California that don't have an abortion provider currently.\u003c/p>\n\u003cp>So we know that there is a shortage of providers. And if we have a larger influx of folks coming into the state, it's going to make that situation even more dire. Organizations like California Latinas for Reproductive Justice have been saying for years, we have great legal access to abortion in the state of California, but practically that legal access doesn't play out the same way for everyone.\u003c/p>\n\u003cp>And as you mentioned, for example, in areas of the state, such as the Central Valley that are remote or rural, people can't always just say, \"Well, I'm just going to go to the clinic on the street.\" They may actually be looking at coming to the Bay Area or to Los Angeles or another part of the state where they can get access sooner or in the case of them just not having a provider in their county just at all.\u003c/p>\n\u003cp>\u003cstrong>Is there any special focus on rural communities getting more providers that will actually practice in those communities? \u003c/strong>\u003c/p>\n\u003cp>That's been something that we've been working on for a long time. And several years ago, some legislation was passed to make sure that advanced practitioners, certified midwives and also physician assistants and nurse practitioners all can practice to the full scope of their license so that they could all provide first-trimester abortions, which was not something that was being practiced or always being allowed.\u003c/p>\n\u003cp>That was so people could see the practitioners they're used to seeing at home to get the abortion care that they need. There's about 15 bills going through the Legislature addressing this issue right now. And so there's a couple of them that I believe are really focusing on trying to make sure that there are more folks in the pipeline learning about abortion and how to provide it. So hopefully as they're trained, they can then be deployed out to some of the areas of the state that have the most need.\u003c/p>\n\u003cp>\u003cstrong>What policies should California be focusing on to increase access in the state? \u003c/strong>\u003c/p>\n\u003cp>I think right now what is really important is that there is the constitutional amendment working its way through the Legislature so that it can get on the ballot. And I think that's a really important protection for California. We've been watching the Supreme Court, not just this session, but over the many years that they've been trying to chip away at Roe v. Wade.\u003c/p>\n\u003cp>It's important for us to really shore up the legislation that we have here in California to make sure that there aren't any loopholes. I think I just saw [that] some 19th-century law from Wisconsin is now going into effect because of the Supreme Court ruling. So focusing on that right now is really important for those of us that are advocates and also for everybody who is out there listening — it's really important to pay attention to what's happening because I think many folks don't really think about this until they or somebody that they love needs these services.\u003c/p>\n\u003cp>And then when they see how challenging it can be, even in a state like California, to access an abortion, then it hits home. We need to be really focused on understanding that sometimes, there is access where we live. But we also have the crisis pregnancy centers that operate in ways that don't always give people the full information that they need when they're pregnant and trying to make a decision, or are trying to actively dissuade them from getting abortions.\u003c/p>\n\u003cp>And we know that there are many more of these crisis pregnancy centers than there are abortion clinics, even in California. And because the Supreme Court ruled against our regulation of those clinics here in California a few years ago, we are basically stuck with them. And they use deceptive practices to dissuade people from getting abortions.\u003c/p>\n\u003cp>\u003cstrong>The constitutional amendment you mentioned earlier is working its way through the California Legislature to codify the right to an abortion in the California Constitution. Within California, is cost an issue? Is insurance coverage an obstacle here?\u003cem> \u003c/em>\u003c/strong>\u003c/p>\n\u003cp>I think cost can always be an issue, even if there is insurance coverage. And that is because for those that maybe don't know this, the cost of an abortion changes as the gestational age moves on, as you get further along into your pregnancy. And so if you can get an abortion very early in the pregnancy, that might be fairly affordable.\u003c/p>\n\u003cp>Once you start looking at going further into the pregnancy, it becomes more expensive. And so the reason that's challenging is that sometimes folks are trying to get funds together or they're trying to figure it out. For example, if somebody who's living in a remote or rural area needs to get to LA, they need to save the money for a train ticket or a plane ticket or child care. They need to take off work.\u003c/p>\n\u003cp>They might have a myriad of things that they have to consider, all of which may cost them money. So it's not always just whether or not the abortion is covered. It's also what they have to do and what they have to pay for to make it happen. And that is why we continue to say this is going to affect poor people, folks of color more severely. We need to really center the solutions that we are coming up with around those most vulnerable in our state.\u003c/p>\n\u003cp>\u003cstrong>A large portion of abortions in the U.S. are done by pill, not surgery. Is telemedicine going to be a big solution to focus on here? What role might it play in access?\u003c/strong>\u003c/p>\n\u003cp>Absolutely. I think that we work with a number of partners that have been trying to make this a more accessible way of getting abortions. And it has run into lots of barriers from the previous presidential administration. I do think now that states have those trigger laws, it is even more important that we look at how telehealth can be one of these lifelines for folks not only in those states, but here in California.\u003c/p>\n\u003cp>Even if you're in a remote area, being able to have a telehealth appointment and have those medications prescribed to you or that you can take in the comfort of your own home would be a huge advantage and cut down on significant barriers for many folks.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"KQED's Natalia Navarro spoke with Laura Jiménez, director of California Latinas for Reproductive Justice, about the impacts of the Supreme Court's recent decision to overturn Roe v. Wade.","status":"publish","parent":0,"modified":1662485362,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":1644},"headData":{"title":"California Latinas for Reproductive Justice Group Fears Local Repercussions of Abortion Ruling | KQED","description":"KQED's Natalia Navarro spoke with Laura Jiménez, director of California Latinas for Reproductive Justice, about the impacts of the Supreme Court's recent decision to overturn Roe v. Wade.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11918174 https://ww2.kqed.org/news/?p=11918174","disqusUrl":"https://ww2.kqed.org/news/2022/06/29/central-valley-group-fears-local-repurcussions-of-abortion-ruling/","disqusTitle":"California Latinas for Reproductive Justice Group Fears Local Repercussions of Abortion Ruling","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/514bcf11-2e09-4761-86fe-aec2000f4824/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11918174/central-valley-group-fears-local-repurcussions-of-abortion-ruling","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In the days since the U.S. Supreme Court’s controversial decision to strike down the longstanding constitutional right to abortion, huge protests and marches have taken place across the country. The ruling, which gives \u003ca class=\"c-link\" href=\"https://www.kqed.org/news/11913033/heres-what-could-happen-if-roe-v-wade-is-overturned\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://www.kqed.org/news/11913033/heres-what-could-happen-if-roe-v-wade-is-overturned\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">states the authority to ban abortion procedures\u003c/a>, will force scores of pregnant people to consider crossing state lines to seek treatment. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We need to really center the solutions that we are coming up with around those most vulnerable in our state.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Laura Jiménez, director, California Latinas for Reproductive Justice","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Experts say the decision likely will have a disproportionate impact on lower-income communities and people of color, especially in areas like the Central Valley that already have limited access to reproductive health care, making it harder to access health services as people from out of state search for similar appointments. According to \u003ca href=\"https://www.guttmacher.org/news-release/2022/us-supreme-court-overturns-roe-v-wade\">Dr. Herminia Palacio, president and CEO of the Guttmacher Institute\u003c/a>, 26 states are certain or likely to ban abortion completely, including 13 states that have “trigger” laws in place that automatically enacted bans once the decision was announced.\u003c/p>\n\u003cp>KQED's Natalia Navarro spoke with Laura Jiménez, director of California Latinas for Reproductive Justice, about the impacts of the Supreme Court's recent decision to overturn Roe v. Wade.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for brevity and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>NATALIA NAVARRO: We had you \u003ca href=\"https://www.kqed.org/news/11913144/slammed-back-to-the-dark-ages-abortion-rights-advocates-denounce-potential-overturn-of-roe-v-wade-in-sf-protest\">on the show\u003c/a> early last month when the draft opinion was leaked, suggesting the court would rule this way. We talked a lot about access to care and how organizations like yours were preparing. Does anything change now that the ruling is official? \u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>LAURA JIMÉNEZ: \u003c/strong>I don't think anything changes now that the ruling is official. I think we're still just in a defensive mode, I guess. We're really looking to see how we can best prepare ourselves to support not only the folks or residents here in California, but also any of our folks that need to come from out of state to seek health care services or seek abortions here in the state.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11913144,news_11916950","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cstrong>There's been a lot of stuff on the news, people talking about the influx of patients starting to come to California for care from nearby states now with abortion bans. But according to your organization, half of California counties already don't have an abortion provider. What is being done, if anything, to improve access within the state?\u003c/strong>\u003c/p>\n\u003cp>We have seen some really great forward steps from the governor and from the Legislature. I think they've got a total of $125 million that they put into the budget to put the money where their mouths are in terms of making California a sanctuary state for abortion. And so that means that there's funds, there's money going towards paying for abortions.\u003c/p>\n\u003cp>There's also commitment to funding community-based organizations and reproductive justice organizations for incentivizing people who are medical students of some kind to go into abortion, reproductive health, medicine, so that we have more providers. It's 40% of counties in California that don't have an abortion provider currently.\u003c/p>\n\u003cp>So we know that there is a shortage of providers. And if we have a larger influx of folks coming into the state, it's going to make that situation even more dire. Organizations like California Latinas for Reproductive Justice have been saying for years, we have great legal access to abortion in the state of California, but practically that legal access doesn't play out the same way for everyone.\u003c/p>\n\u003cp>And as you mentioned, for example, in areas of the state, such as the Central Valley that are remote or rural, people can't always just say, \"Well, I'm just going to go to the clinic on the street.\" They may actually be looking at coming to the Bay Area or to Los Angeles or another part of the state where they can get access sooner or in the case of them just not having a provider in their county just at all.\u003c/p>\n\u003cp>\u003cstrong>Is there any special focus on rural communities getting more providers that will actually practice in those communities? \u003c/strong>\u003c/p>\n\u003cp>That's been something that we've been working on for a long time. And several years ago, some legislation was passed to make sure that advanced practitioners, certified midwives and also physician assistants and nurse practitioners all can practice to the full scope of their license so that they could all provide first-trimester abortions, which was not something that was being practiced or always being allowed.\u003c/p>\n\u003cp>That was so people could see the practitioners they're used to seeing at home to get the abortion care that they need. There's about 15 bills going through the Legislature addressing this issue right now. And so there's a couple of them that I believe are really focusing on trying to make sure that there are more folks in the pipeline learning about abortion and how to provide it. So hopefully as they're trained, they can then be deployed out to some of the areas of the state that have the most need.\u003c/p>\n\u003cp>\u003cstrong>What policies should California be focusing on to increase access in the state? \u003c/strong>\u003c/p>\n\u003cp>I think right now what is really important is that there is the constitutional amendment working its way through the Legislature so that it can get on the ballot. And I think that's a really important protection for California. We've been watching the Supreme Court, not just this session, but over the many years that they've been trying to chip away at Roe v. Wade.\u003c/p>\n\u003cp>It's important for us to really shore up the legislation that we have here in California to make sure that there aren't any loopholes. I think I just saw [that] some 19th-century law from Wisconsin is now going into effect because of the Supreme Court ruling. So focusing on that right now is really important for those of us that are advocates and also for everybody who is out there listening — it's really important to pay attention to what's happening because I think many folks don't really think about this until they or somebody that they love needs these services.\u003c/p>\n\u003cp>And then when they see how challenging it can be, even in a state like California, to access an abortion, then it hits home. We need to be really focused on understanding that sometimes, there is access where we live. But we also have the crisis pregnancy centers that operate in ways that don't always give people the full information that they need when they're pregnant and trying to make a decision, or are trying to actively dissuade them from getting abortions.\u003c/p>\n\u003cp>And we know that there are many more of these crisis pregnancy centers than there are abortion clinics, even in California. And because the Supreme Court ruled against our regulation of those clinics here in California a few years ago, we are basically stuck with them. And they use deceptive practices to dissuade people from getting abortions.\u003c/p>\n\u003cp>\u003cstrong>The constitutional amendment you mentioned earlier is working its way through the California Legislature to codify the right to an abortion in the California Constitution. Within California, is cost an issue? Is insurance coverage an obstacle here?\u003cem> \u003c/em>\u003c/strong>\u003c/p>\n\u003cp>I think cost can always be an issue, even if there is insurance coverage. And that is because for those that maybe don't know this, the cost of an abortion changes as the gestational age moves on, as you get further along into your pregnancy. And so if you can get an abortion very early in the pregnancy, that might be fairly affordable.\u003c/p>\n\u003cp>Once you start looking at going further into the pregnancy, it becomes more expensive. And so the reason that's challenging is that sometimes folks are trying to get funds together or they're trying to figure it out. For example, if somebody who's living in a remote or rural area needs to get to LA, they need to save the money for a train ticket or a plane ticket or child care. They need to take off work.\u003c/p>\n\u003cp>They might have a myriad of things that they have to consider, all of which may cost them money. So it's not always just whether or not the abortion is covered. It's also what they have to do and what they have to pay for to make it happen. And that is why we continue to say this is going to affect poor people, folks of color more severely. We need to really center the solutions that we are coming up with around those most vulnerable in our state.\u003c/p>\n\u003cp>\u003cstrong>A large portion of abortions in the U.S. are done by pill, not surgery. Is telemedicine going to be a big solution to focus on here? What role might it play in access?\u003c/strong>\u003c/p>\n\u003cp>Absolutely. I think that we work with a number of partners that have been trying to make this a more accessible way of getting abortions. And it has run into lots of barriers from the previous presidential administration. I do think now that states have those trigger laws, it is even more important that we look at how telehealth can be one of these lifelines for folks not only in those states, but here in California.\u003c/p>\n\u003cp>Even if you're in a remote area, being able to have a telehealth appointment and have those medications prescribed to you or that you can take in the comfort of your own home would be a huge advantage and cut down on significant barriers for many folks.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11918174/central-valley-group-fears-local-repurcussions-of-abortion-ruling","authors":["11756","11784"],"categories":["news_457","news_8"],"tags":["news_866","news_30251","news_22880","news_31263","news_27626","news_25409","news_23688","news_201","news_1172"],"featImg":"news_11918191","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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