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Fisher v. University of Texas Ruling

Today, the Supreme Court came out with its ruling on the case Fisher v. University of Texas at Austin that lower courts did not apply a sufficiently high level of scrutiny to the University of Texas’s use of race in admissions decisions, sending the case back to one of those lower courts to be reconsidered.

In a 7-1 ruling, the court found that the U.S. Court of Appeals for the Fifth Circuit erred in not applying “strict scrutiny” to the policies of the University of Texas at Austin (UT). The Supreme Court left intact its precedent that diversity can be a compelling government interest.The case has been sent back to the Fifth Circuit Court of Appeals. Writing the majority opinion was Justice Kennedy, who was joined by all of the conservative members of the court and Justice Sotomayer. Justice Ginsberg wrote the lone dissent. Justice Kagan recused herself because of her work on the case as Solicitor General.

The case was brought by Abigail Fisher, a white woman, who was rejected for admission by the UT. Fisher said that her rights were violated by UT’s consideration of race and ethnicity in admissions decisions. Fisher’s lawyers argued that UT need not consider race because it has found another way to assure diversity in the student body.

The decision said that “good faith” by the university would not be enough to justify the consideration of race. However, the decision does not offer an opinion on whether UT can produce sufficient evidence. Rather, it faults the appeals court for not reviewing that question using the high bar of “strict scrutiny” for the consideration of race.

It is likely that today’s ruling could mean that — after another round at the Fifth Circuit — the case could return to the Supreme Court.

 

House Defeats Farm Bill

The House voted down the farm bill by a vote of 195-234 early this afternoon. Sixty-two Republicans voted against the measure while 24 Democrats voted for the measure.

With that, the House is adjourned for the week.

It is unclear major legislation, including student loans or appropriations measures, that the House will consider next week. Incidentally, next week is the last work week before the July 4th Recess.

Senate Reports Student Loan Progress

Senate Democrats, Republicans and the White House are reporting progress in negotiations to a student loan interest rate fix. A group of Democratic senators, including Jack Reed RI), Joe Manchin III (WV), and Elizabeth Warren of Massachusetts, along with independent Angus King (ME), have been conferring with Senate Republicans over the past 24 hours.

The plan, which is broadly based on the president’s budget proposal, may be finalized as soon as this week, according to one of the principal negotiators. All that is known at this time is that the proposal calls for shifting from the current 3.4 percent fixed interest rate to a market-driven variable interest rate. While the White House, including Education Secretary Arne Duncan and chief economic advisor Gene Sperling, have been kept in the loop about the negotiations, there is no word that the Senate is talking to the House.

Meanwhile, the House continues to debate both the Farm Bill and an abortion measure.

 

House Proceeds on Farm Bill as White House Threatens Veto

The House will begin consideration of the Farm Bill (HR 1947) today and finish consideration on Thursday. While the House Rules Committee is still determining which amendments will be made in order, 220 amendments have been submitted to the Rules Committee.The House Rules Committee has proceeded with a rare two day consideration of the rule to determine which amendments should be made in order. The bulk of these amendments pertain to the SNAP program.

Continue reading “House Proceeds on Farm Bill as White House Threatens Veto”

This Week in Congress

An overview of relevant House and Senate committee hearings and markups on the schedule this week:

TUESDAY, June 18

Senate Appropriations
Fiscal 2014 Appropriations: Agriculture
Subcommittee Hearing
10 am, 192 Dirksen Senate Office Building

Senate Budget
Fiscal 2014 Budget: Department of Education
Full Committee Hearing
10:30 am, 608 Dirksen Senate Office Building

House Appropriations
Fiscal 2014 Appropriations: Energy and Water Development
Subcommittee Markup
10:30 am, 2362-B Rayburn House Office Building

House Science, Space, and Technology
DOE Science and Technology Agenda
Full Committee Hearing
10:15 am, 2318 Rayburn House Office Building

WEDNESDAY, June 19

House Appropriations
Fiscal 2014 Appropriations: Transportation-HUD
Subcommittee Markup
11 am, 2358-A Rayburn House Office Building

THURSDAY, June 20

House Veterans’ Affairs
Education for Veterans at Higher Education Institutions
Subcommittee Hearing
10 am, 334 Cannon House Office Building