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Supreme CT Guts Affirmative Action In College Admissions; Biden Reacts To Affirmative Action Ruling; Biden: I Strongly Disagree With The Supreme Court Ruling. Aired 12:30-1p ET

Aired June 29, 2023 - 12:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

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[12:32:13]

DANA BASH, CNN HOST: Any minute, the President of the United States will speak live from the White House. We'll get his first reaction on today's major Supreme Court ruling that changes affirmative action for college everywhere. I want to get right to CNN's Jeremy Diamond, who is standing by. Jeremy, what do we expect to hear from the President?

JEREMY DIAMOND, CNN WHITE HOUSE CORRESPONDENT: Well, listen, Dana, I can tell you that President Biden, after he learned of this breaking news this morning, he was briefed by the White House counsel on the implications of this decision, and he then convened a meeting of his senior staff who have been closely tracking this issue.

This is, of course, something that the White House has been preparing for a possibility that they have been preparing for for months now. And my colleague Kevin Liptak is reporting that Biden administration officials have been working on contingency plans, including potential executive actions in the event that the court ruled in the way that it has now essentially ending the practice of affirmative action by race in college and university admissions.

Now, we know that the White House is actively reviewing this decision. I wouldn't expect any of those executive actions to come down the pike today, but this is clearly something that the President did not want to see. This is not a ruling that he wanted to see. He last spoke about this back during a press conference late last year where he actually expressed, as he frequently does, some optimism that the Supreme Court would not actually rule in the way that it now has around affirmative action.

And the President said that he was not so sure that they would overturn the precedents, overturn the existing decision. And what he also did, Dana, was he talked about beyond affirmative action in college admissions, the other steps that he would like to see to advance the cause of racial equity in this country.

And we know that racial equity certainly is something that the President and this administration have put front and center. When you think back to even, for example, the pandemic vaccine distribution testing, racial equity was always at the center of various decisions that they made around where to deploy those strategies, for example.

But he also talked about things like universal Pre-K, which he was not able to get in the Inflation Reduction Act. And student loans as well, which tomorrow the Supreme Court could also very well overturn in terms of forgiving student loans for college students across the country. Dana?

BASH: OK, Jeremy, as we wait to hear from the President, I want to go down Pennsylvania Avenue to Capitol Hill. CNN's Manu Raju is there. So Manu, you are getting a flood of reaction from Republicans, pretty much singing from the same song sheet, right?

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Yes. It's really just along straight party lines. So many issues are especially such a major issue, such as affirmative action. We are hearing Democrat after Democrat, strongly criticizing the Supreme Court, Republican after Republican hailing the decision. That has been down the line from the top leaders in Congress all the way into the rank and file.

The Senate majority that a Democrat from New York, Chuck Schumer, setting the tone of the Democratic sign saying that this is what he calls a giant roadblock in our country's march towards racial justice. He calls -- said the consequences of this decision will be felt immediately across the country as students of color will facing admission cycle next to fewer opportunities than their siblings.

[12:35:19]

And we've heard from others, the Senate Democratic Whip, Dick Durbin, who chairs the Senate Judiciary Committee expressing similar outrage. And then Hakeem Jeffries, who's the first Black House Democratic leader, someone who expressed his concern and his outrage over this ruling as well. On the Republican side, of course, a much different tone.

The Speaker of the House, Kevin McCarthy, hailing this decision. He said in a statement that the Supreme Court ruled that no Americans should be denied educational opportunities because of race. He said, "Now students will be able to compete based on equal standards and individual merit. This will make the college admission process fairer and uphold equality".

And as with similar comments from Senate Republican leader, Mitch McConnell's, supporting this decision. McConnell, of course, has been instrumental in shifting the court to the right and one of these thing -- issues that he has been pushing for as well to gut the way affirmative action racism is factored in these college admissions decisions.

So Dana, the question will be whether or not anyone will try anything legislatively to try to curtail this ruling or change this ruling in any way. Democrats are saying this, who control the Senate are not signaling they will do anything in regards to that, but that'll be one of the big questions in the months ahead.

BASH: It sure will be like so many issues. The votes seem to be tough, but that's one thing. And the other thing is taking a vote to show where people stand politically.

Manu, thank you so much for that great report. It is a day for the history books. The Supreme Court alters life for millions of students thinking about college. And soon, the President is going to give his take at the White House.

Our coverage continues after a quick break. Stay with us.

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[12:41:34]

BASH: Any minute, we expect to hear from President Biden to talk for the first time about his reaction to the Supreme Court decision, which guts affirmative action and the way that it is right now at colleges. And we're also tracking reaction from Republicans to this historic ruling, including, and especially those on the 2024 campaign trail.

Back with me is Abby Phillip and Jeff Zeleny. I want to play for you what Tim Scott, who, not only is a candidate for president, wants to be the Republican nominee but also the only black Republican in the U.S. Senate. What he said.

SEN. TIM SCOTT (R), PRESIDENTIAL CANDIDATE: One of the things that Harvard can do to make that even better is to eliminate any legacy programs where they have preferential treatment for a legacy kids. Let's make sure that all admissions are based on academic scores and not just eliminating affirmative action.

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ABBY PHILLIP, CNN SENIOR POLITICAL CORRESPONDENT: He's right. I mean, legacy admissions, athletics, kids of faculty members represent a huge chunk of the Harvard undergraduate student population. Legacy admissions, in particular, which benefit predominantly white students is a huge part of the picture of college admissions.

I appreciate that bit of nuance, but I think that that is lost in the rest of the conversation and it also doesn't address the other part of it, which is that it isn't just a question of whether individual students should have the right test scores, et cetera.

It's also a question of whether or not, you know, parts of this country, large swaths of them, where black people live which were redlined and racially segregated and disinvested in public schools, whether the students who live there now or their parents still face any consequences from those things.

And I think that's the part where the conversation doesn't go in the political space. And when it does go there, I mean, I think the court right now has basically said, no, that doesn't matter. I don't expect that to be talked about on the campaign trail, but I actually think that's something that Tim Scott really understands quite well because he grew up --

BASH: He lived it. PHILLIPS: -- in that part, you know, in a poor part of South Carolina. And to his credit achieved incredible, you know, an incredible life that he is currently living, but he understands what -- that that sort of structural disinvestment looks like and how it affects students like him.

BASH: Yes, you're right, it's very unlikely. We're going to see that in the current political environment within the Republican presidential field because they're all kind of tripping over themselves and each other to get to the right on this issue.

And on that note, Ron DeSantis's campaign just tweeted a -- an old video of Donald Trump back in August 2015, and during an interview. He was asked whether or not he should keep -- society should keep affirmative action, and Donald Trump said, I'm fine with affirmative action. And then he went on to, you know, give a little bit more about the free market and so on and so forth.

But generally saying, I'm fine with affirmative action. The DeSantis campaign thinks that they have something on him there.

JEFF ZELENY, CNN CHIEF NATIONAL AFFAIRS CORRESPONDENT: They do. They're trying to draw a little blood on him there. Look, the former president came out with this statement as well saying that he applauds the ruling and, of course, takes credit for the justices on the Supreme Court once again as we've seen him do.

[12:45:03]

But look, now this issue is injected squarely into the presidential campaign yet again. A year after the Dobbs decision, the politics of that still reverberate on the campaign trail and this, I think, will to a different degree, but I think it still will.

Nikki Haley also put out a statement this morning and she said, the world admires America because we value freedom and opportunity. Supreme Court reaffirmed those values today, completely overlooking and intentionally ignoring some of the very issues that Abby was talking about that she also knows well. So I think that there's not a fully nuanced discussion on the Republican side of the campaign trail here by any means.

PHILLIPS: And Dana, just to point out about Ron DeSantis, I mean, I do think this is an area where Ron DeSantis is poised to really outstrip. Perhaps all of the other candidates in the field because DeSantis has taken the state of Florida and really attacked the idea of diversity, which is really at the heart of all of this.

The idea that diversity should even be something that we talk about in public education, in colleges, in, you know, the state at all. And so, he's gone much farther in terms of actual policy than most of the other Republicans. And in the field, including Trump -- and Trump, by no means, I don't think that that quote is even actually a very fair assessment of where Trump stands on affirmative action.

He has a decades-long position of opposing the effects of affirmative action going back to the 80s. So there's that. But DeSantis has the policy. He, as a governor, has made this his calling card for at least the last several years, and I think that's going to have a major impact on Republicans.

ZELENY: Helpful in the primary, of course, a different story in a general election, should he ever get there. So this will be squarely an issue. And speaking of that, President Biden, of course --

BASH: Yes.

ZELENY: -- will be a Democratic nominee, almost certainly, and will be talking about this. This will be an issue in this race.

BASH: And he is going to be speaking momentarily. In fact, we're going to give you some live pictures of the White House. We are waiting to hear from President Biden.

Stick with us. Much more in the Supreme Court's major affirmative action ruling just ahead.

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BASH: Let's get straight to the White House and the President of the United States.

JOE BIDEN, PRESIDENT OF THE UNITED STATES: 45 years, for 45 years, the United States Supreme Court has recognized a college's freedom to decide how, how to build diverse student bodies and to meet their responsibility of opening doors of opportunity for every single American.

In case after case, including recently, just as a few years ago in 2016, the court has affirmed and reaffirmed this view, that colleges could use race not as a determinative factor for admission, but as one of the factors among many in deciding who to admit from a qualified -- already qualified pool of applicants.

Today, the court once again walked away from decades of precedent and make -- as the dissent has made clear. The dissent states that today's decision, quote, "rolls back decades of precedent and momentous progress," end of quote. I agree with that statement from the dissents -- from the dissent.

The court has effectively ended affirmative action in college admissions. And I strongly, strongly disagree with the court's decision. Because affirmative action is so misunderstood, I want to be clear -- make sure everybody is clear about what the law has been and what it has not been, until today.

[12:50:10]

Many people wrongly believe that affirmative action allows unqualified students, unqualified students to be admitted ahead of qualified students. This is not, this is not how college admissions work. Rather, colleges set out standards for admission, and every student, every student has to meet those standards. Then, and only then, after first meeting the qualifications required by the school, do colleges look at other factors in addition to their grades, such as race. The way it works in practice is this, colleges first establish a qualified pool of candidates based on meeting certain grade, test scores, and other criteria.

Then, and only then, then and only then, and it's from this pool of applicants -- all of whom have already met the school's standards -- that the class is chosen, after weighing a wide range of factors, among them being race.

You know, I've always believed that one of the greatest strengths of America -- and you're tired of hearing me say it -- is our diversity, but I believe that. If you have any doubt about this, just look at the United States military, the finest fighting force in the history of the world. It's been a model of diversity. And it's not only been our -- made our nation better, stronger, but safer.

And I believe the same is true for our schools. I've always believed that the promise of America is big enough for everyone to succeed and that every generation of Americans, we have benefitted by opening the doors of opportunity just a little bit wider to include those who have been left behind.

I believe our colleges are stronger when they are racially diverse. Our nation is stronger because we use what we -- because we are tapping into the full range of talent in this nation. I also believe that while talent, creativity, and hard work are everywhere across this country, not equal opportunity. It is not everywhere across this country.

We cannot let this decision be the last word. I want to emphasize, we cannot let this decision be the last word. While the court can render a decision, it cannot change what America stands for.

America is an idea, an idea unique in the world. An idea of hope and opportunity, of possibilities, of giving everyone a fair shot, of leaving no one behind. We have never fully lived up to it, but we've never walked away from it either. We will not walk away from it now.

We should never allow the country to walk away from the dream upon which it was founded. That opportunity is for everyone, not just a few. We need a new path forward. A path consistent with a law that protects diversity and expands opportunity.

So, today, I want to offer some guidance to our nation's colleges as they review their admissions systems after today's decision -- guidance that is consistent with today's decision. They should not abandon -- let me say this again, they should not abandon their commitment to ensure student bodies of diverse backgrounds and experience that reflect all of America.

What I propose for consideration is a new standard, where colleges take into account the adversity a student has overcome when selecting among qualified applicants. Let's be clear, under this new standard, just as was true under the earlier standard, students first have to be qualified applicants. They need the GPA and test scores to meet the school's standards. Once that test is met, then adversity should be considered, including its lack -- a student's lack of financial means, because we know too few students of low-income families, whether in big cities or rural communities, are getting an opportunity to go to college.

When the poor kid -- when a poor kid -- may be the first in their family to go to college -- gets the same grades and test scores as a wealthy kid whose whole family has gone to the most elite colleges in the country and whose path has been a lot easier, well, the kid who faced tougher challenges has demonstrated more grit, more determination. And that should be a factor that colleges should take into account in admissions. And many still do.

It also means examining where the student grew up and went to high school. It means understanding the particular hardships that each individual student has faced in life, including racial discrimination that individuals have faced in their own lives.

The court says, quote, "Nothing in this opinion should be construed as prohibiting universities from considering an application's discussion of how race has affected his or her life," but it's through -- but "be it through discrimination or inspiration or otherwise," end of quote.

Because the truth is, we all know it, discrimination still exists in America. Discrimination still exists in America. Discrimination still exists in America. Today's decision does not change that. It's a simple fact.

[12:55:08]

If a student has overcome -- had to overcome adversity on their path to education, a college should recognize and value that. Our nation's colleges and universities should be engines of expanding opportunity through upward mobility. But today, too often that's not the case.

The statistics -- one statistic, students from the top 1 percent of family incomes in America are 77 times more likely to get into an elite college than one from the bottom 20 percent of family incomes. Seventy percent of greater opportunity.

Today, for too many schools, the only people who benefit from the system are the wealthy and the well-connected. The odds have been stacked against working people for much too long. We need a higher education system that works for everyone, from Appalachia to Atlanta and to far beyond. We can and must do better, and we will.

Today, I'm directing the Department of Education to analyze what practices help build a more inclusive and diverse student bodies and what practices hold that back, practices like legacy admissions and other systems that expand privilege instead of opportunity.

Colleges and universities should continue their commitment to support, retain, and graduate diverse students and classes. You know, and companies, companies who are already realizing the value in diversity should not use this decision as an excuse to turn away from diversity either. We can't go backwards.

You know, I know today's court decision is a severe disappointment to so many people, including me, but we cannot let the decision be a permanent setback for the country. We need to keep an open door of opportunities. We need to remember that diversity is our strength. We have to find a way forward.

We need to remember that the promise of America is big enough for everyone to succeed. You know, that's the work of my administration, and I'm always going to fight for that.

And I want to thank you all. And I know you've been told I have a helicopter out there waiting to go up to do an interview in New York. I'll be talking to more about this in a live interview.

But thank you very much. And we're going to have plenty of time to talk about this. But we're not going to let this break us.

Thank you.

UNIDENTIFIED FEMALE: President Biden, the Congressional Black Caucus said the Supreme Court has thrown into question its own legitimacy. Is this a rogue court?

BIDEN: This is not a normal court.

UNIDENTIFIED FEMALE: Should there be term limits for the justices, sir?

BRIANNA KEILAR, CNN HOST: I believe he said this is not normal there. President Biden, just speaking on this seismic decision from the United States Supreme Court today that is going to reshape higher education in America for years to come.

In a 6-3 decision, the high court has ended affirmative action in college admissions. It's barred universities from using race as a factor when considering prospective students.

BORIS SANCHEZ, CNN HOST: Yes. The President excoriating this decision by the Supreme Court. He said several times, quote, discrimination still exists in America. This decision doesn't change that. He said, quote, "We should never allow our country to walk away from the dream on which it was founded".

Obviously, we are covering every angle of this story. The ruling, gutting a precedent that's been in place for decades. Let's get right to it with CNN's Supreme Court Reporter Ariane de Vogue, CNN's Jeremy Diamond, who is at the White House for us and CNN Legal Analyst Elliot Williams.

Ariane, first to you, walk us through this majority opinion six to three, voting in favor to upend affirmative action.

ARIANE DE VOGUE, CNN SUPREME COURT REPORTER: Right. The Supreme Court gutting the ability of colleges and universities to take race into consideration in these admissions plans. This is a landmark opinion effectively overturning decades old precedent.

These plans had benefited black and Hispanic students. They are no longer going to be allowed. The opinion, as you said, was 6-3, breaking down along ideological lines. Chief Justice John Roberts writing the majority opinion here. Long been a critic of race conscious plans. Here's what he said.

He said, "The Harvard and the University of North Carolina admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. Both programs lack sufficiently focused and measurable objectives warranting the use of race unavoidably employee race in a negative manner, involve racial stereotyping and lack meaningful endpoints".

Here's what's clear. He was basically trying to say, look, you can no longer check the box. At the very end of his opinion, though, he tried to say, look, maybe you know, you can bring in race as an experience like in your essay.

Justice Sonya Sotomayor joined by the other liberals. They seized on that. She said that that falls way short of bringing diversity on college campuses.