The Daily Signal - TOP NEWS | SCOTUS Strikes Major Blow to Student Loan ‘Forgiveness,’ Rules in Favor of Christian Graphic Designer, Top Fauci Adviser Reportedly Used Personal Email | June 30

Starting point is 00:00:00 I'm Virginia Allen. I'm Samantha Sherris. And this is the Daily Signal Top News for Friday, June 30th. Here are today's headlines. The Supreme Court struck down President Joe Biden's student loan forgiveness plan today. The nation's highest court heard arguments in February in the two cases, Biden v. Nebraska and Department of Education v. Brown. Chief Justice John Roberts wrote the opinion in Biden v. Nebraska, 6'3 striking down Biden's plan. The court unanimously denied standing in the Brown case. Also earlier today, the United States Supreme Court ruled that Colorado cannot force graphic designer Lori Smith to create art that violates her religious beliefs. The Smith vote was 6 to 3 with Chief Justice John Roberts and justices Neil Gorsuch, Clarence Thomas, Samuel Alito, Brett Kavanaugh and Amy Coney-Barritt, ruling that the government cannot compel speech.

Starting point is 00:01:11 Justice Sonia Sotomayor wrote the judge. dissent, joined by Justices Elena Kagan and Katangi Brown Jackson. Joining us in the studio to further discuss these two cases is Tom Jipping, a senior legal fellow here at the Heritage Foundation. Tom, thanks so much for joining us. Thanks for having me. So as I mentioned, Chief Justice Roberts wrote the opinion in the Biden v. Nebraska case. Can you tell us a little bit more about what he said and just give a general overview of the

Starting point is 00:01:40 rulings? Sure. Congress created back in 1965 a student loan system that provides different kinds of student loans. And in 2003, they passed what the acronym is the Heroes Act. I worked in the Senate for 15 years, and I know they try real hard to come up with acronyms, and most of the time they don't work really well. But this one, the bill is called the Higher Education Relief Opportunities for Students Act. Basically, what it was supposed to do is after Operation Desert Storm and after 9-11, it was supposed to allow the Secretary of Education to make some adjustments or allowances so that members of the military would not fall behind on their student loans.

Starting point is 00:02:24 It was a very specific law. And suddenly, in August 22, last year, the Secretary of Education announces that they're going to use that law. law that was intended for the military in cases of states of emergency to forgive student loans for 43 million Americans, totaling $430 billion. So this case was about whether that statute gave the Secretary of Education that much authority to turn it into essentially a kind of a blanket, a student loan forgiveness program. And for the second case relating to student loan forgiveness, Department of Education versus Brown, the court denied standing in this case. What does that mean? In order to bring a lawsuit like challenging a statute, a plaintiff has to have what's called legal standing.

Starting point is 00:03:23 Our courts in our system can't just pick up any issue or controversy they want and decide it however they want. They have to have the right parties raising the right issues. in order for the court to be able to take a case. And so legal standing generally requires that I have suffered a legal injury that you have caused and that a court can resolve. That's basically the formula. And, you know, it is important to enforce those rules so that courts are properly deciding cases and aren't getting involved in controversies that they really,

Starting point is 00:04:05 they really don't belong. And for the other case that we heard today, three or three creative, can you tell us a little bit more about the opinion for this one and, yeah, just the decision more generally? Sure. This is one of a number of cases that hit First Amendment rights against the right not to be discriminated against on the basis of sexual orientation. We've seen the Jack Phillips case, Masterpiece Cake Shop. There have been cases involving photographers or florists who also do not want to use their talents to contribute to same-sex weddings.

Starting point is 00:04:44 Here, a lady named Lori Smith is a Christian businesswoman. Her company makes websites and graphic design. She also then wanted to start doing wedding websites. But as a Christian, and she is in Colorado, that's where Jack Phillips is. you know, she witnessed what the Colorado Commission and Civil Rights did to him. She was concerned that the state would come after her in the same way. So she filed a lawsuit asking for an injunction, preventing the state from forcing her to create expression favoring same-sex weddings. So really what we're talking about here is, you know, she does business with anybody.

Starting point is 00:05:29 She doesn't refuse business to anybody on the basis of sexual orientation. All she wants to do is to be free from being forced to create something that violates her religious beliefs. That's a very small part of her business. And she says that's where I'm going to draw the line. And so that's what the issue here was about, is can the government enforce one of these non-discrimination statutes in such a way? that if she does any business involving wedding websites, she has to include and make websites using her talent for expression that violates her beliefs. And thankfully, the court stood with the First Amendment.

Starting point is 00:06:17 They've done it before. The government cannot force you to say something that the government wants you to say, especially as a condition of going into business. I think not long ago, if you said that to somebody, they would say, you know, does that happen in this country? Well, it does, especially where the LGBT agenda is concerned. And we have these cases where they want to say, you know, 95% of your business available to me is not enough. I want, I not only want to buy a wedding cake, let's say, from you, but I want to buy a wedding cake that forces you to violate your religiously. beliefs. That's what I want. And that's what these cases are about. So thankfully, the Supreme Court

Starting point is 00:07:05 stuck with the First Amendment, and it was a six to three decision, a strong opinion by Justice Gorsuch. And, you know, we live to have free speech another day. Well, Tom, thank you so much for joining us today and for breaking down these cases. We so appreciate your insight and we'll love to have you back on for the future cases. Thanks again. Our colleague Tony Kinnett is reporting that Florida Governor Ron DeSantis addressed a packed cheering crowd today at Moms for Liberty's Joyful Warriors National Summit in Philadelphia. DeSantis is, of course, running for president as a Republican. In the 30-minute speech, DeSantis rallied to the group's cause of parental rights, outlining related victories his Florida administration has achieved on the issue. He was also critical of progressives' actions.

Starting point is 00:07:57 against families and the U.S. as a nation. DeS. said, you start messing with our kids, we've got problems. What we've seen across the country in the last few years has awakened the most powerful political force in ages, mama bears. The Republican governor began his remarks by calling attention to the massive protests leading up to the Moms for Liberty Summit. The demonstrations, threats, and vandalism were something he deals with daily, DeSantis said, reassuring the crowd that it's a sign that we are winning this fight. DeSantis noted the shift in Progressive's messaging over the past decade

Starting point is 00:08:41 from mocking Republicans and claiming no one from the LGBTQ plus movement was coming for kids to events like they had in New York City with some drag queens chanting, we are coming for your kids. We'll include a link to Tony's full report in today's show notes. The Intercept is reporting that a top advisor for Dr. Anthony Fauci, the former head of the National Institutes of Health, used a personal email account. Why? Well, according to the Intercept, he wanted to evade the strictures of the Freedom of Information Act. David Morins wrote in a September 2021 email to a number of scientists saying,

Starting point is 00:09:23 as you know, I tried to always communicate on Gmail because my NIH email is foiled constantly. He noted in his email that his Gmail was hacked and added, until IT can get it fixed, I may have to occasionally email for my NIH account. IT spent a couple hours today but couldn't fix it. Stuff sent to my Gmail gets to my phone, but not my NIH computer. Don't worry, just send it to any of my addresses and I will delete anything. I don't want to see in the news. York Times. The email was also sent to Jason Gale, who is a journalist at Bloomberg. Republican Representative Brad Wenstrap of Ohio, who chairs the Select Subcommittee on the coronavirus pandemic, sent a letter to Morins on Thursday requesting documents and communications

Starting point is 00:10:10 for your personal email and cell phone that are responsive to the Select Subcommittee's investigation. The Congressman also wrote, we request you sit for an in-person transcribed interview on August 2nd, 2023. Be sure to check out the Intercept's full reporting in today's show notes, and we will, of course, keep you updated as a story develops. And a quick announcement before we go, we will not have a top news show on Monday or on Tuesday in honor of Independence Day. We hope that you all enjoy some time with family and some good food, but we will be continuing our Independence Day interview series on Monday and Tuesday morning with conversations. discussing the American Revolutionary War and the founding of our nation with the crafting of the Constitution.

Starting point is 00:11:00 But with that, that's going to do it for today's episode. Thanks again for joining us today. If you haven't gotten a chance, be sure to check out our morning show right here in this podcast feed where we interview lawmakers, experts, and leading conservative voices. Again, we're so excited to keep those conversations on the founding coming. On Monday morning, I am sitting down with Paul Marino of Hillsdale College, specifically to talk about why George Washington was such a critical leader in the Revolutionary War. Also, make sure you subscribe to The Daily Signal wherever you get your podcast and help us reach even more listeners by leaving a five-star rating and review.

Starting point is 00:11:39 We read and appreciate all of your feedback. Thanks again for joining us today. Have a wonderful weekend. We'll see you right back here on Monday morning. The Daily Signal podcast is brought to by more than half a million men. members of the Heritage Foundation. Executive producers are Rob Luey and Kate Trinco. Producers are Virginia Allen and Samantha Asheras.

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The Daily Signal - TOP NEWS | SCOTUS Strikes Major Blow to Student Loan ‘Forgiveness,’ Rules in Favor of Christian Graphic Designer, Top Fauci Adviser Reportedly Used Personal Email | June 30

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