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WASHINGTON – The US Supreme Court on Thursday struck down race-conscious student admissions programmes currently used at Harvard University and the University of North Carolina (UNC).

It is a sharp setback to affirmative action policies often used to increase the number of Black, Hispanic and other under-represented minority groups on campuses.

The justices ruled in favour of a group called Students for Fair Admissions, founded by anti-affirmative action activist Edward Blum, in its appeal of lower court rulings upholding programmes used at the two prestigious schools to foster a diverse student population.

The decision, powered by the courts conservative justices with the liberal justices in dissent, was 6-3 against the University of North Carolina and 6-2 against Harvard. Liberal Justice Ketanji Brown Jackson did not participate in the Harvard case.

The affirmative action cases represented the latest major rulings powered by the Supreme Courts conservative majority.

The court in June 2022 overturned the 1973 Roe v. Wade decision that had legalised abortion nationwide and widened gun rights in a pair of landmark rulings.

Chief Justice John Roberts, writing for the majority, said, Harvard and UNC admissions programmes cannot be reconciled with the guarantees of the Equal Protection Clause, referring to the US Constitutions promise of equal protection under the law.

At the same time, Justice Roberts said, as all parties agree, nothing in this opinion should be construed as prohibiting universities from considering an applicants discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.

Many institutions of higher education, corporations and military leaders have long backed affirmative action on campuses.

The move had been not simply to remedy racial inequity and exclusion in American life, but to ensure a talent pool that can bring a range of perspectives to the workplace and US armed forces ranks.

According to Harvard, around 40 per cent of US colleges and universities consider race in some fashion.

Harvard and UNC have said they use race as only one factor in a host of individualised evaluations for admission without quotas permissible under previous Supreme Court precedents.

They said curbing its consideration would cause a significant drop in enrolment of students from under-represented groups.

Critics, who have tried to topple these policies for decades, argue these policies are themselves discriminatory.

Many US conservatives and Republican elected officials have argued that giving advantages to one race is unconstitutional, regardless of the motivation or circumstances. More On This Topic Need a university degree to get a good job? Not for much longer How many uni places are there for S'poreans? Is there a quota for poly grads? Some have advanced the argument that remedial preferences are no longer needed because the US has moved beyond racist policies of the past such as segregation and is becoming increasingly diverse.

The dispute presented the Supreme Courts conservative majority an opportunity to overturn its prior rulings allowing race-conscious admissions policies.

Mr Blums group in lawsuits filed in 2014 accused UNC of discriminating against white and Asian-American applicants, and Harvard of bias against Asian-American applicants.

Students for Fair Admissions alleged that the adoption by UNC, a public university, of an admissions policy that is not race-neutral, violates the guarantee to equal protection of the law under the US Constitutions 14th Amendment.

The group contended Harvard, a private university, violated Title VI of a landmark federal law called the Civil Rights Act of 1964, which bars discrimination based on race, colour or national origin under any programme or activity receiving federal financial assistance.

Lower courts rejected the groups claims.

That decision prompted appeals to the US Supreme Court, asking the justices to overturn a key precedent holding that colleges could consider race as one factor in the admissions process because of the compelling interest of creating a diverse student body.

Affirmative action has withstood Supreme Court scrutiny for decades, most recently in a 2016 ruling involving a white student, backed by Mr Blum, who sued the University of Texas after being rejected for admission.

The Supreme Court has shifted rightwards since 2016 and now includes three justices who dissented in the University of Texas case and three new appointees by former Republican president Donald Trump. REUTERS More On This Topic NUS and NTU among top 5 Asian universities in Times rankings NUS enters top 10 in global university ranking for the first time

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Terror charge against Kneecap rapper cannot continue, court says

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Terror charge against Kneecap rapper cannot continue, court says

A terror charge against Kneecap rapper Liam Og O hAnnaidh has been thrown out by a court.

The Irish rapper, who performs under the name Mo Chara, appeared at Woolwich Crown Court on a single terror charge.

Giving his ruling, chief magistrate Paul Goldspring said: “These proceedings against the defendant were instituted unlawfully and are null.”

The 27-year-old had been accused of displaying a flag in support of Hezbollah at a gig at the O2 Forum in Kentish Town, north London, on 21 November last year.

He had been on unconditional bail since his first court appearance in June.

After delivering his ruling, the judge said: “Mr O hAnnaidh, you are free to go,” which was met by cheers in the public gallery and applause.

The levity was met with a stern reprimand, with the judge adding: “You can do your celebrating outside, but the court now has other business to attend to”.

Both of O hAnnaidh’s parents were in court to support him.

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‘We’re right and you’re wrong’

O hAnnaidh: ‘We’re right and you’re wrong’

Speaking outside court, O hAnnaidh thanked his legal team and interpreter, before addressing his large crowd of supporters.

He said: “This entire process was never about me, never about any threat to the public, never about terrorism. A word used by your government to discredit people you oppress. It was always about Gaza. About what happens if you dare to speak up.

“As people from Ireland, we know oppression, colonialism, famine and genocide. We have suffered and still suffer under your empire.

“Your attempts to silence us have failed, because we’re right and you’re wrong… We will not be silent. We said we’d fight you in your court and we would win, and today we have.

If anyone on this planet is guilty of terrorism, it’s the British state. Free Palestine. Tiocfaidh ar la [Irish for our day will come].”

The audience responded with cheers and chants of “Free, free Palestine”.

O hAnnaidh speaks outside court following the ruling
Image:
O hAnnaidh speaks outside court following the ruling

Judge says prosecution’s earlier arguments ‘defy logic’

At the start of the hearing, O hAnnaidh stood to confirm his name, date of birth and current address, speaking in Irish with his words translated by an interpreter. The judge then summarised his judgement for the court.

He made clear the purpose of the hearing was not to determine O hAnnaidh’s innocence or guilt, but about whether the court had jurisdiction to hear the case.

He went on to say he agreed with O hAnnaidh’s lawyers, who argued that the Attorney General had not given permission for the case to be brought against the defendant when police informed him he was to face a terror charge on 21 May.

Criminal proceedings are instituted when a criminal charge is first issued, not when the defendant first appears in court.

Protestors outside court. Pic: PA
Image:
Protestors outside court. Pic: PA

Concluding the reasons for his decision, the chief magistrate said: “I find that these proceedings were not instituted in the correct form, lacking the necessary DPP (Director of Public Prosecutions) and AG (Attorney General) consent within the six-month statutory time limit.

“The time limit requires consent to have been granted at the time or before the issue of the requisition.

“Consequently, the charge is unlawful and null and this court has no jurisdiction to try the charge.”

Sweeping aside the prosecution’s previous argument that permission from the DPP and AG was not required until the defendant’s first court appearance, and that permission did not need to be sought in order to bring a criminal charge, the chief magistrate said such arguments “defy logic”.

Read more: Why are Kneecap controversial?

Following the hearing, a Metropolitan Police spokesperson said: “We will work with the Crown Prosecution Service to understand the potential implications of this ruling for us and how that might impact on the processing of such cases in the future.”

Kneecap‘s manager Daniel Lambert said the rap trio were on the “right side of history”, and said in a post on X: “We said we would fight them and win. We did (Twice). Kneecap has NO charges OR convictions in ANY country, EVER.”

Last year, Kneecap won a discrimination case against the UK government after Conservative leader Kemi Badenoch tried to refuse them a £14,250 funding award when she was business secretary.

Irish First Minister: ‘Kneecap used their platform to expose genocide’

Swiftly responding to the court ruling, Northern Ireland’s First Minister Michelle O’Neill said on social media that she welcomed the decision, saying: “These charges were part of a calculated attempt to silence those who stand up and speak out against the Israeli genocide in Gaza.

“Kneecap have used their platform on stages across the world to expose this genocide, and it is the responsibility of all of us to continue speaking out and standing against injustice in Palestine.”

Sinn Fein leader Mary Lou McDonald wrote on X: “Mo Chara spoke out against Israel’s genocide, for the people of Gaza, for a free Palestine.

“The charges were an attempt to shut him up, to silence protest. It failed. He’s free. Kneecap are not the story. Genocide is the story.”

The venue of the hearing had been changed at short notice, following a burst mains pipe at Westminster Magistrates’ Court.

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Bob Vylan: BBC partly upholds complaints over Glastonbury set

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Bob Vylan: BBC partly upholds complaints over Glastonbury set

Bob Vylan’s Glastonbury Festival set breached BBC editorial standards when it was livestreamed, its Executive Complaints Unit (ECU) has found.

During their performance at Worthy Farm in June, the punk-rap duo led the crowd in chants of “death to the IDF”.

The ECU received four complaints about the performance relating to incitement to violence, terrorism or ethnic cleansing, hate speech and expressions of antisemitism.

Its ruling, which was published on Thursday, was largely made based on frontman Bobby Vylan’s chants, as well as reciting the slogans, “From the river to the sea” and “Free, free Palestine”.

The ruling also referenced when the same group member described the boss of a record company “in the most abusive terms” and referred to “f****** Zionists” – as it breached the guidelines of harm and offence that describe using “unduly intimidating, humiliating, intrusive, aggressive or derogatory remarks aimed at real people”.

But while the investigation found that harm and offence standards had been overstepped, the corporation was cleared of breaching its guidelines relating to material that is likely to encourage or incite crime.

The ECU said: “In the context of a performance at a music festival, the chanting of slogans can be regarded as primarily an invitation to endorse a particular attitude.

“References to ‘Free Palestine’ and ‘From the river to the sea’, while viewed by some as implying the disappearance of the state of Israel, can also be regarded as no more than expressions of support for aspirations to a Palestinian state and do not of themselves threaten violent action.

“‘Death, death to the IDF’ is clearly more problematic, but it is directed at an institution rather than individuals, and one which is not defined by ethnic or religious composition.”

It further characterised the comments made about the record boss as “antisemitic”.

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What’s the Glastonbury controversy?

Read more:
Who are Bob Vylan?- the duo who led anti-IDF chant at Glastonbury?

The ECU said: “Although Bob Vylan referred to ‘Zionists’ rather than ‘Jews’, that appeared to the ECU to be a distinction with very little difference in this instance.

“The ECU therefore shares the view that the content of this act, taken in the round, can fairly be characterised as antisemitic.”

The ruling cleared the BBC of breaching its standards of impartiality, stating that the coverage of the festival is not in line with coverage of news and current affairs.

The ECU said: “While there may be festivals the BBC would not cover on account of their polemical character, a wide tolerance for expressions of opinion by performers or audiences would be in keeping with audience expectations for events it does cover.

“While recognising there is widespread disagreement with the political views expressed by Bob Vylan on this occasion, the ECU did not consider they represented a breach of the BBC’s standards of impartiality in this context.”

Following the performance the corporation issued an apology to viewers, especially the Jewish community, and promised to take action to “ensure proper accountability”.

In July, the BBC said they would no longer live broadcast “high risk” performances.

The corporation also suggested disciplinary action could be taken against staff who failed to halt the livestream.

Avon and Somerset Police also launched an investigation into the band’s Glastonbury comments.

Earlier this month, the band had a Dutch gig cancelled after their frontman made controversial comments over the death of right-wing political activist Charlie Kirk.

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Shares of Paccar – Peterbilt and Kenworth owner – soar after Trump’s heavy truck tariffs

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Shares of Paccar - Peterbilt and Kenworth owner - soar after Trump's heavy truck tariffs

A Peterbilt 579 truck equipped with Aurora’s self-driving system is seen at the company’s terminal in Palmer, south of Dallas, Texas, September 23, 2021.

Tina Bellon | Reuters

Shares of Paccar jumped Friday after President Donald Trump announced that he will impose a 25% tariff on imported heavy trucks beginning Oct. 1.

Paccar was last up more than 6% premarket.

Trump said in a social media post Thursday that “large Truck Company Manufacturers, such as Peterbilt, Kenworth, Freightliner, Mack Trucks, and others, will be protected from the onslaught of outside interruptions.”

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PCAR 5-day chart

Paccar is the owner of Peterbilt and Kenworth. It manufactures more than 90% of its U.S. trucks domestically but they cost $8,000 to $10,000 more than competitors in Mexico, Bank of America told clients in a Friday note.

Trump’s announcement “likely addresses this issue and places PCAR in the driver seat,” BofA analyst Michael Feniger said.

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