Morning Wire XX
[0] Will the Supreme Court strike down race -based admissions policies at Harvard and other race -conscious institutions?
[1] These are the pipelines to leadership in our society.
[2] We talked to a legal expert on what we learned from oral arguments and how each justice is expected to rule.
[3] I'm Georgia Howe with Daily Wire editor -in -chief John Bickley.
[4] It's Tuesday, November 1st, and this is Morning Wire.
[5] A major diesel fuel shortage is raising alarms up and down the East Coast as winter approaches.
[6] We're going to face higher diesel prices.
[7] We're going to face higher home heating prices.
[8] Natural gas prices are going to go up.
[9] So pain to stay warm and also pain to move products and products across the highways.
[10] And the trial against the Trump organization is moving quickly in New York.
[11] We have details on the first day of testimony.
[12] Thanks for waking up with Morning Wire.
[13] Stay tuned.
[14] We have the news you need to know.
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[22] In what could prove to be another set of landmark rulings, the Supreme Court heard oral arguments on two affirmative action cases on Monday, one that involves Harvard University and another relating to the University of North Carolina's admissions policies.
[23] Joining us to discuss is Sarah Partial Perry, senior legal fellow at the Heritage Foundation.
[24] Okay, so Sarah, we have major affirmative action cases in front of the court here.
[25] First, tell us about these cases.
[26] Who brought the suits and who are the defendants?
[27] Well, the individual group that have brought the suit in both cases is an organization called Students for Fair Admission, and they claim about 20 ,000 members nationwide at colleges and university campuses coast to coast, but they have each wrought two individual claims against both UMC, which is a public university, University of North Carolina, and Harvard College, which is a private university.
[28] And they've alleged similar, though not identical claims.
[29] both faced on race discrimination, the first being in the U .N .C. case, a violation of the Constitution's Equal Protection Clause in the 14th Amendment, and in the Harvard case, a violation of Title VI of the Civil Rights Act, which prevents any race discrimination in any federally funded program related to education.
[30] So what arguments did we hear presented Monday from both sides?
[31] Well, we've heard quite a number of attorneys get up and speak today because there was a group of students who intervened in the lawsuit at UNC.
[32] They have cited not only with Solicitor General for the United States Elizabeth Preliger, but also for the Solicitor General for the State of North Carolina, Mr. Park.
[33] The three attorneys have all followed sort of continually of a pace.
[34] Their arguments have tracked distinctly with the need for continued academic diversity, saying that we're not at the point where Grutter v. Bowlinger needs to be overruled, that there is benefits to achieving racial diversity.
[35] But essentially, what's been countered by the very adept arguments of the petitioner attorney is, basically, we can't quit stock in essentially achieving diversity based on race alone when 30 to 40 other factors are taken into account.
[36] If the Constitution is very clear about the prohibition of reliance on race and the denial of equal protection one group over another, why can't we simply eliminate race altogether, particularly so because as here in the UNC case, the expression of racial identity was itself voluntary.
[37] Alito and Gorsuch actually went into a series of hypotheticals in which they discussed, well, where do we draw the line between national origin, indigenous populations, and race itself?
[38] What if, for example, an individual emigrates from Afghanistan?
[39] How do they identify themselves?
[40] What I'm hearing repeatedly is that the more often race is used and the more finite these distinctions are attempted to be drawn, the more problematic it becomes.
[41] When a precedent begins to be exceptionally difficult to apply consistently, as is the case here when we're dealing with constitutional issues and colleges aren't quite sure exactly how much race they can use.
[42] The best approach and the constitutionally sound approach is to eliminate the use of that category altogether.
[43] From what we witnessed in court Monday and past precedent, do we have any sense of how the justices will rule?
[44] This is actually a great question.
[45] I am hearing definitely based on lines of questioning the three liberal female justices voting together in a block with the chief justice, very likely among them.
[46] The line of questioning from Clarence Thomas, who has driven exceptionally from a position of his own awareness of having gone to non -racially diverse schools and repeatedly emphasizing that the goal here is educational excellence.
[47] It's not racial diversity.
[48] That is, of course, a secondary and ancillary goal.
[49] It was recognized as a necessary result of the civil rights movement, but he himself never went to racially diverse schools.
[50] I believe Clarence Thomas will probably vote with justices Alito, Gorsuch, and Kavanaugh, and that leaves, to my mind, a single swing vote, and possibly an unlikely one in Justice Amy Coney -Barrich, who's not quite sure, based on her reasoning, when the need for diversity comes to an end, just how much diversity is required.
[51] All right, so this could come down to bear it.
[52] Sarah, thanks for joining us.
[53] That was Heritage Senior Illegal Fellow, Sarah Partial Perry.
[54] Coming up, the U .S. is facing a major diesel fuel shortage.
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[63] As winter approaches, a looming diesel shortage and skyrocketing fuel costs have experts sounding the alarm over a potential energy crisis.
[64] Here with the latest on what's causing the show.
[65] shortage and what it means for your pocketbook is Daily Wire Senior Editor Cabot Phillips.
[66] So Cabot, what's going on with the energy market?
[67] Well, while gas prices have come down a bit from their all -time highs over the summer, the rest of the energy sector is still experiencing sky -high prices.
[68] The latest numbers from the Labor Department show that compared to this time last year, propane is up 12 percent, electricity is up 15 percent, natural gas is up 33 percent, and fuel oil is up 58 percent.
[69] And those prices are only expected to go high.
[70] as winter comes and demand increases.
[71] Now, what about diesel?
[72] How significant is the shortage?
[73] It's bad.
[74] So last week, the Energy Information Administration reported that American inventories are at their lowest point since 1951.
[75] And it's worth noting, usually shortages like this occur coming out of winter instead of going into it.
[76] Now, when most people think of diesel, they only think of fuel used for big 18 -wheeler's.
[77] But keep in mind, diesel fuel is also used for heating homes.
[78] Diesel prices have surged to $5 .37 a gallon nationwide.
[79] This time last year, it was $373.
[80] Not only does that mean higher prices for heating, but because diesel also fuels trucks, that means the cost of shipping goes up, which obviously then trickles down to the cost of goods.
[81] For example, Mansfield Energy, a large shipping company in Georgia, wrote a letter last week to their clients saying, quote, conditions are rapidly devolving and carriers are having to visit multiple terminals to find supply, which delays deliveries and strains local trucking capacity.
[82] Now, what's causing the diesel shortage?
[83] Well, there are a few things.
[84] First, America's fuel capacity is just lower than it's been in the past.
[85] A number of large refineries were shut down over the last two years in large part as a result of new climate regulations from the Biden administration, as well as decreased demand during the pandemic.
[86] And there's also the fact that the U .S. has been shipping a significant portion of our fuel to Europe to help with their own shortages is brought on in large part by the war in Ukraine and embargoes against Russia.
[87] Now, it's not just a diesel shortage that we're seeing.
[88] We're also seeing natural gas shortages in some parts of the country.
[89] Yeah, you're absolutely right.
[90] So while the diesel shortage is especially impacting the southeast, the northeast is preparing for a heating oil shortage.
[91] Currently, New England's inventory of heating oil, which is similar to diesel fuel, are 70 % lower than they've been on average across the last 30 years.
[92] To give you an idea of where we stand, ever -source energy, They're the largest utility company in all of New England just wrote a letter to President Biden asking him to prepare emergency measures, saying, quote, New England will not have sufficient natural gas to meet power supply needs for the region in the event of a severe cold spell this winter.
[93] And to that point, we're already seeing suppliers in Massachusetts, New York, and Connecticut rationing the amount of heating oil that they're selling right now.
[94] Experts say it's part of an effort to prevent panic buying or hoarding.
[95] In the short term, the rationing is causing prices to rise even more.
[96] is up 66 % right now compared to this time last year.
[97] So not good news across the board.
[98] Right.
[99] Definitely not the news we want to hear going into the winter.
[100] Cabot, thanks for reporting.
[101] Anytime.
[102] That's Daily Wire senior editor, Cabot Phillips.
[103] To a former president, Trump's legal battles have had significant updates in the past few days.
[104] Trump's legal team has asked the Supreme Court for an emergency state to protect his tax returns from congressional subpoena.
[105] Meanwhile, in New York, Trump's company is on trial for tax fraud and other charges.
[106] Here to discuss Trump's legal battles is Daily Wire reporter Tim Pierce.
[107] So, Tim, let's start with the congressional subpoena.
[108] Trump hasn't had much luck in lower courts blocking that, correct?
[109] Nope.
[110] A judge he appointed has actually ruled against him.
[111] Now, can we expect anything different from the Supreme Court?
[112] Well, we'll see.
[113] Like you mentioned, Trump's track record in this particular case hasn't been great as far as court rulings.
[114] He may not need an outright win in the case, though.
[115] It may be enough to keep this case tied up in the courts, long enough for Democrats, to lose control of the House.
[116] The Republican Party is favored to win back the House in next week's election.
[117] If it does, you can expect Republicans to snuff out this investigation next year.
[118] Okay, so the D .C. Circuit Court ruled in August that the Congress could get Trump's tax returns.
[119] What's Trump's case for keeping them protected?
[120] Sure.
[121] Democrats in Congress are using a provision of the U .S. tax code.
[122] Under it, the chairman of the House Ways and Means Committee can get tax information from the Treasury on anyone the chair wants.
[123] Trump's team has said that the committee doesn't have a legitimate purpose for seeking his tax forms, and the committee's request also raises separation of powers issues.
[124] In any event, the filing Trump's team made in Court Monday doesn't ask for a ruling on those legal questions.
[125] The filing just requests a temporary stay.
[126] The legal arguments can be hashed out later if the stay is granted.
[127] Now, let's pivot to the Trump Organization trial.
[128] Jury selection wrapped up last week and opening arguments were held today.
[129] What happened?
[130] Yeah, first off, this is a trial about Trump's family business.
[131] Neither Trump himself nor his children are facing charges.
[132] The case focuses on two corporations specifically, the Trump Organization and the Trump payroll corporation.
[133] In the words of a Manhattan prosecutor, this case is about greed and cheating.
[134] The corporations are accused of cooking up tax evasion schemes and paying executives under the table over a 15 -year period starting in 2005.
[135] And what is the company's defense?
[136] The company is trying to pin it all on chief financial officer Alan Weisselberg.
[137] As Trump's legal team put it, it started with Alan Weisselberg and it ended with Alan Weisselberg.
[138] Wieselberg accepted a plea deal with prosecutors in August.
[139] He pleaded guilty in exchange for a reduced sentence and an agreement to testify against the company at trial.
[140] Weisselberg is at the center of many of the charges facing the company.
[141] He pleaded guilty to receiving $1 .7 million worth of off -the -book's compensation.
[142] The illicit payments included a lease on two Mercedes and private school tuition for two of his grandchildren.
[143] Weisselberg's actions may seem ungrateful to the company he has worked five decades for, but Weisselberg is 75 and was facing up to 15 years in prison in addition to financial penalties.
[144] With his deal, he's expected to get a jail sentence of about five months and likely less with credit for good behavior.
[145] So what's at stake for the Trump Organization or Trump himself if the company loses?
[146] The Trump organization faces a maximum fine of $1 .6 million.
[147] It would also have more difficulty doing business in New York State, as well as obtaining banking services such as loans.
[148] Trump himself wouldn't face any direct legal consequences, but he may face some political consequences if he decides to run for office.
[149] again in 2024.
[150] All right.
[151] Well, we're going to continue keeping track of this.
[152] Tim, thanks so much for reporting.
[153] Thanks for having me. That was Daily Wires, Tim Pierce.
[154] Other stories we're tracking this week.
[155] Inflation reached 10 .7 % in Europe in October, according to the European Union's Statistics Agency Eurostat.
[156] That number was 9 .9 % in September and the highest on record since the agency began tracking the euro in 1997.
[157] Guests have been locked down in a Disney resort in Shanghai in response to newly announced COVID measures.
[158] Guests will be required to test negative in order to leave the park.
[159] As of Monday, the park continued to operate rides for the trapped visitors, but parts of the park were closed to comply with government -imposed curbs.
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