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The Dictatorship

Pam Bondi’s bullying of the ABA is based on a fundamentally flawed argument

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Pam Bondi’s bullying of the ABA is based on a fundamentally flawed argument

From Day 1, the Trump administration has proudly placed diversity, equity and inclusion programs in its crosshairs. Last week, it turned its attention to the American Bar Association and, by extension, virtually every would-be lawyer in the country.

On Wednesday, Attorney General Pam Bondi demanded the American Bar Association repeal its requirement that law schools actively promote diversity efforts with respect to faculty and students. The Trump administration claims that a recent Supreme Court decision compels the ABA to eliminate efforts to increase access to legal education, but that argument misreads the case.

The ABA realized that it needed to grapple not just with new Supreme Court case law, but a changing legal landscape.

The ABA, founded in 1878, is the nation’s largest voluntary association of lawyers and law students. It sets academic standards for law schools, creates model ethical codes for the legal profession and determines which law schools obtain accreditation. Many states require that applicants demonstrate they graduated from an ABA-accredited law school before they take the bar examination.

The ABA’s diversity and inclusion standard for schools came under scrutiny after a 2023 Supreme Court decision declared that institutions of higher education cannot use race as a factor in admissions decisions. The high court concluded that using race as a factor in admissions decisions violates the 14th Amendment’s equal protection clause (in the case of public universities) and Title VI of the Civil Rights Act (in the case of private colleges and universities), by discriminating against applicants on the basis of race.

Eventually, more than a year after that decision, the ABA sought to update its diversity accreditation standard, known as Standard 206One proposed revisioncirculated last August, would require schools to provide access to “all persons including those with identities that historically have been disadvantaged or excluded from the legal profession” but eliminate references to specific categories such as race and ethnicity. A second revision would restore the references to those two categories. But as of Trump’s inauguration, the ABA had not yet settled on a final version of Standard 206.

After Trump’s second term began, the Department of Education ordered academic institutions to either eliminate DEI policies or lose their federal funding. The ABA realized it needed to grapple with not just new Supreme Court case law, but also a changing legal landscape with respect to Trump’s executive actions. The ABA tried to buy itself more time by suspending the enforcement of Standard 206 until Aug. 31, 2025. But Bondi’s letter directs the ABA to drop Standard 206 entirely or risk losing its ability to act as the sole accreditor for U.S. law schools. In doing so, the attorney general cuts off the ABA’s ability to promote access to a legal education while still complying with all applicable cases and orders.

The court’s decision can be fairly read as telling law schools that race cannot be considered as a stand-alone factor in admissions.

Again, the Supreme Court’s 2023 decision held that institutions of higher education cannot use race as a factor in admissions decisions. But nowhere requires that law schools give up efforts to broaden the pool of law students and faculty to include people who have historically been excluded from law schools, such as people who are economically disadvantaged. The court’s decision can be fairly read as telling law schools that race cannot be considered as a stand-alone factor in admissions decisions. No more, and no less.

In the majority opinion in that case, Chief Justice John Roberts wrote“as all parties agree, nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.” For example, Roberts said, students could write application essays about overcoming racial discrimination, as long as that was “tied to that student’s courage and determination.”

Simply put, there is a way for the ABA to draft an accreditation standard that promotes its goals and adheres to the law. It could seek to broaden its pool of students and faculty through efforts to ensure socioeconomic diversity. There is no doubt that maintaining its goal of increasing access to a legal education, while complying with the Supreme Court’s decision and applicable executive orders, will require the ABA to carefully draft a new standard. Given these competing questions, the organization understandably asked for a short timeout.

But Bondi’s letter is tantamount to ending the game entirely. There is no legal reason that the Trump administration should strong-arm the ABA into short-circuiting this important process.

Jessica Levinson

Jessica Levinson, a professor at Loyola Law School, is the host of the “Passing Judgment” podcast. She is also the director of the Public Service Institute at Loyola Law School, director of Loyola’s Journalist Law School and former president of the Los Angeles Ethics Commission.

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Monday’s Campaign Round-Up, 6.22.26: Why Trump backed both Republicans in a key S.C. race

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Monday’s Campaign Round-Up, 6.22.26: Why Trump backed both Republicans in a key S.C. race

Today’s installment of campaign-related news items from across the country.

* In South Carolina’s gubernatorial raceDonald Trump endorsed Lt. Gov. Pam Evette last month. Last week, however, ahead of this week’s primary runoff election in the race, the president published an online item telling voters that “you can’t go wrong” with either Evette or state Attorney General Alan Wilson.

If this sounds at all familiar, it’s because Trump has done this before. Around this time two years ago, for example, he endorsed both Republicans running in a congressional primary in Arizona. And two years before that, he endorsed two leading contenders in a Senate primary in Missouri.

Only the president can say for sure why he ended up endorsing Evette and Wilson in the South Carolina race, though it’s worth emphasizing for context that GOP primary voters have already ignored his direction into two gubernatorial primaries this month, and it stands to reason that he hoped to avoid a third.

* We’re one day away from a variety of notable racesincluding but not limited to South Carolina’s gubernatorial race. There are also some congressional primaries in a handful of statesincluding Maryland, New York and Utah.

* In took a while, but the ballots have been tallied under Maine’s ranked-choice systemand we now know that Democrat Hannah Pingree, the former state House speaker, will face off against Republican Bobby Charles, who worked at the State Department during the Bush-Cheney era.

* As for Maine’s closely watched congressional racestate Auditor Matt Dunlap won the Democratic nomination in the battleground 2nd District, defeating state Sen. Joe Baldacci, who enjoyed the backing of the Democratic Congressional Campaign Committee. Dunlap will run in the fall against a familiar figure: former Republican Gov. Paul LePage, who had moved to Florida a few years ago, but who returned to run for Congress.

* In California’s congressional special electiontwo Democratic candidates — state Sen. Aisha Wahab and Melissa Hernandez, a Bay Area Rapid Transit director — have advanced to an Aug. 18 special general election. The winner will fill the vacancy left by disgraced former Rep. Eric Swalwell, who resigned in April.

* In a new commercial shared first with MS NOWDemocrat James Talarico has launched his campaign’s first multimillion-dollar ad buy in Texas’ gubernatorial race. In the 30-second spot, Talarico focuses on affordability and the cost of living. The state lawmaker will face scandal-plagued state Attorney General Ken Paxton in the fall.

* And in New Jersey, Republican Rep. Tom Kean Jr.who has been missing from Capitol Hill since early March, will reportedly return to work on June 30according to a statement from his spokesperson. Neither Kean nor his office have offered any public information about why he has been away.

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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Trump tries dual endorsement in South Carolina as his pick for governor flounders in polls

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Trump tries dual endorsement in South Carolina as his pick for governor flounders in polls

After President Donald Trump’s pick for governor in Iowa lost in the Republican primary earlier this month, the president argued that he “would have endorsed the other person” if he had “the proper information.”

Trump is taking no chances in the South Carolina gubernatorial primary. Over the weekend he rescinded his exclusive endorsement of Pamela Evette, the lieutenant governor, announcing instead that he would support both Evette and her runoff opponent, Alan Wilson, the state’s attorney general.

The move put Evette’s political future in jeopardy: Even before Trump’s dual endorsement, she trailed in limited public polling and was seen by political observers in South Carolina as a weak candidate with little to show besides the president’s coveted endorsement.

“Her chief distinction from Alan Wilson was that Trump endorsed her,” said Dr. Dubose Kapeluck, a professor of political science at the Citadel Military College of South Carolina.

Trump’s dual endorsement “was a kiss of death,” he told MS NOW.

Evette, who moved to South Carolina from Ohio to found a successful payroll and HR company in 2000, has been lieutenant governor since 2019, serving under Gov. Henry McMaster, who is term-limited.

In office, she has pursued meaningful but little-celebrated policies, like a key tort reform bill, according to Gil Gatch, a Republican member of the South Carolina state House and an Evette supporter.

But voters could be forgiven for knowing little about Evette besides the fact that Trump endorsed her, which he did just days before the June 9 primary. Visitors to her campaign website are greeted with a full-screen message labeling Evette as “Trump-endorsed.” The first line in her X bio states the same. Pro-Evette television ads are quick to tout the endorsement.

An accomplishment like tort reform, while noted on Evette’s website, “maybe could have been something that was highlighted more heavily,” Gatch told MS NOW.

The political makeup of South Carolina nearly guarantees the next governor will be whoever emerges on Tuesday between Evette and Wilson. They survived a crowded primary field on June 9, and nearly every challenger who fell short of the runoff publicly endorsed the attorney general.

“She’s just not a good candidate,” Josh Kimbrell, a state senator who failed to make the runoff and has since said he’d back Wilson, said of Evette.

“She kind of assumed this was a coronation, and that was never going to go over that well,” he added.

Even some pro-Trump voters were confused by the president’s initial endorsement of Evette, whom he called “a good friend, fighter, and WINNER” in a social media post in May.

“I have no clue why Trump would endorse Pamela Evette,” Leland Lemmons, a 30-year-old Trump supporter told MS NOW as he exited a polling site in the Greenville suburb of Easley on June 9.

“She’s served, you know, a decent time. I just haven’t seen much fruition of what she’s done in office,” he added.

In a post on Truth Social Friday announcing his dual endorsement, Trump wrote, “I can’t hurt one of them by only Endorsing the other, so, therefore, I am going to Endorse, for Governor of South Carolina, both Pam Evette and Alan Wilson!”

In a subsequent statement on X, Evette said, “I was proud to come in first as [Trump’s] endorsed candidate for Governor on June 9th. Looking forward to doing it again on June 23rd.”

After The Washington Post foreshadowed the dual endorsement last Tuesday, allies of Evette were quick to denounce the possibility.

“I would guess that’s fake news,” Suzanne Pucci, a member of Evette’s finance committee, told MS NOW of the chance Trump would also endorse Wilson. “She’s probably not real worried about it.”

Another close ally and supporter told MS NOW at the time the report was “a total, fabricated lie.”

“[Trump] is invested in Pamela Evette because she invested in him. He’s a loyal guy. That kind of stuff is important to him,” added the supporter, who spoke on condition of anonymity.

“With or without Trump, I think she is going to win,” they said.

On Thursday, a senior campaign aide, who spoke on condition of anonymity,  brushed off the idea of a dual endorsement, telling MS NOW in a statement, “Pamela Evette has earned the complete and total endorsement of President Trump. She is the only Trump-endorsed candidate in this race and we look forward to delivering a big win for the president on Tuesday.”

Roughly 24 hours later, Trump retracted the exclusive endorsement.

Will McDuffie is a reporter for MS NOW.

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Fears of an ‘economic catastrophe’ helped push Trump toward an Iran deal

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Fears of an ‘economic catastrophe’ helped push Trump toward an Iran deal

As last week’s G7 summit in France got underway, a reporter asked Donald Trump whether his purported deal with Iran was final. “No, it’s not final,” the president replied. Later that day — during a visit to Versaillesof all places — he signed the framework anyway.

But moments after signing his name to the memorandum of understanding, Trump offered an unsubtle hint about what he was thinking at the time. Amid applause from those around him, the American president pointed down and then up while saying“Oil down, stocks up.”

In other words, Trump’s focus had nothing to do with natural security and everything to do with the economy. What’s more, the four-word phrase was part of a larger and underappreciated pattern. The Washington Post reported:

In the more than 100 days since President Donald Trump launched a war with Iran, he has offered a shifting list of reasons for why he started the conflict. But in explaining his push for peace, he named a priority much closer to home: protecting the stock market.

“I didn’t want to see economic catastrophe,” Trump told reporters gathered in the Alpine spa town of Évian-les-Bains, France, after the Group of Seven summit.

As the summit wrapped up, the Republican similarly said“I’ve studied presidents, some good, some bad, some great. Not too many are great and some really bad. … And the one president I did not want to be was the late, great Herbert Hoover. I didn’t want that and who knows what would have happened.”

He pushed the same point in an interview with Axios, which was released over the weekend.

“If I went further, the stock market would be much lower,” the president said. “Now think of this: I have one primary wish as president, in terms of people: I never want to be the late, great Herbert Hoover.”

The comments came days after Trump similarly argued“The alternative to this deal was a global recession. There are stupid people who want to see a global recession. They are just stupid people.”

Whether the president fully appreciates the implications of his own rhetoric, this string of comments doesn’t just shed light on his motivations for accepting a defeat, it also suggests he saw his failed policy in Iran as pushing the global economy toward a dangerous cliff.

In other words, based on Trump’s own comments, the war he started was poised to create an “economic catastrophe,” which he was desperate to avoid — and which led him to accept a framework that empowered Iran to get what it wanted in exchange for effectively no concessions at all.

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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