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Supreme Court sides with administration over Education Department grants

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Supreme Court sides with administration over Education Department grants

The Supreme Court

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The U.S. Supreme Court on Friday sided with the Trump administration, at least for now, in a dispute over the Department of Education’s freeze of DEI-related grants. The administration has taken several grievances to the high court recently, but this was the first of its legal theories to stick.

By a 5-4 vote, the justices allowed the administration to keep frozen $65 million for teacher training and professional development, halting a lower court order that had temporarily reinstated the grants.

The court’s unsigned opinion comes about a month after a similar dispute in which the justices left in place a lower court order to pay USAID contractors for services already performed.

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This time, however, with education grants on the line, the court majority ruled that even though Congress had already appropriated money for the programs, the Education Department could stop funding them while the case is litigated in the lower courts.

The Education Department had frozen the grants in anticipation of trying to claw back unspent funds that had been appropriated by Congress.

A federal district judge had issued two consecutive 14-day temporary restraining orders to consider the question of the frozen funds. While such 14-day orders are rarely appealable, the Supreme Court majority viewed this case differently, and granted the administration’s request to block the lower court order from going into effect. In an unsigned 2-1/2-page opinion, the majority wrote that the lower court may actually not have had the authority to issue its order in the first place.

Justice Elena Kagan dissented, saying that the Court had made a serious “mistake” when it intervened too swiftly, effectively changing the court’s rules with only a “barebones briefing, no argument and scarce time for reflection.” Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, noted that it was exceptional for the Court to intervene when the temporary restraining order would expire in only three days, and that that the administration had not presented a convincing enough argument as to why such an extraordinary intervention was necessary.

While Chief Justice John Roberts noted his disagreement with the majority, he did not join either dissenting opinion.

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Universities accused of violating civil rights law

The Education Department funding went to two grant programs targeting teacher shortages. Recipients included “high need” institutions, nonprofits, Historically Black Colleges and Universities, and Tribally Controlled Colleges and Universities.

The Department of Education cut nearly all of the existing grants in February, notwithstanding the fact that Congress had already appropriated the funds to be spent for these specific purposes. The administration said it eliminated 104 of 109 grants because they “fund discriminatory practices–including in the form of DEI.”

The Department also sent letters to the recipients stating that their programs violated federal civil rights laws by discriminating based on race, sex, or other protected characteristics.

Eight states whose universities and nonprofits had their grants terminated–California, Massachusetts, New Jersey, Colorado, Illinois, Maryland, New York, and Wisconsin–sued in federal district court. The challengers argued that the Department of Education’s decision to cancel the grants violated federal law. In response, the government argued that it was well within its broad regulatory authority to cancel the grants because the so-called “DEI initiatives” were no longer aligned with government policy.

A federal judge in Boston issued a temporary restraining order, which reinstated the funding for up to 28 days while he considered the states’ claims. After a failed attempt to overturn the order in the federal court of appeals, the Department of Education asked the Supreme Court to stop the lower courts from reinstating the grant money, at least for now.

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The Department insisted that it should not be forced to continue funding millions of dollars in “taxpayer money that may never be clawed back” while the lawsuit plays out in the courts. It pointed out that, even if it eventually wins this case, it would have a hard time getting the millions in federal dollars back once the “federal funding spigots” had been turned back on.

The eight states that are part of the lawsuit against the administration countered that it would make little sense for the Supreme Court to intervene at this stage, given that the grant reinstatement would expire soon anyway. And, they pointed out, the order’s limited shelf life gave grant recipients little time to continue receiving government funds.

In that sense, the schools would be getting a drop in the bucket compared to the government’s image of a “funding spigot.” And that would still be less than they were promised in their five-year grant.

The Supreme Court didn’t see things that way, and instead sided with the Trump administration, delivering a major win to an executive branch trying to amass greater power as it continually clashes with the lower federal courts.

More cases in the pipeline

Friday’s case is only the latest of what is expected to be a tsunami of cases that the Trump administration is bringing to the Supreme Court. Among those already in the pipeline at early stages of litigation is a lower court order that reinstated roughly 16,000 previously terminated federal employees.

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Another court stopped the administration from denying birthright citizenship for some children born in the United States, a case in which the government complained at length about the use of universal injunctions, a wide-reaching order that applies to everyone impacted across the country. And most recently, the administration asked the court to allow it to continue deporting U.S. residents, without a hearing, who it alleges are Venezuelan members of the Tren de Aragua gang.

Bubbling under the surface in these cases is the government’s ongoing critique of sweeping court orders that bind the administration’s actions beyond the confines of the courtroom. Judges’ grants of nationwide relief have been a thorn in the administration’s side since Trump took office in January.

They were also a thorn in the side of the Biden administration. But as frustrated as that administration sometimes was, it rarely complained of unfair treatment. In contrast, the Trump administration, and President Trump himself, have cried foul repeatedly and loudly over these lower court decisions.

Attorney General Pam Bondi in a statement said Friday’s ruling “vindicates what the Department of Justice has been arguing for months: local district judges do not have the jurisdiction to seize control of taxpayer dollars, force the government to pay out billions, or unilaterally halt President Trump’s policy agenda.”

—NPR’s Ryan Lucas contributed to this report.

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Hawaii plans to increase hotel tax to help it cope with climate change

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Hawaii plans to increase hotel tax to help it cope with climate change

People are seen on the beach and in the water in front of the Kahala Hotel & Resort in Honolulu, Nov. 15, 2020.

Jennifer Sinco Kelleher/AP


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HONOLULU — In a first-of-its kind move, Hawaii lawmakers are ready to hike a tax imposed on travelers staying in hotels, vacation rentals and other short-term accommodations and earmark the new money for programs to cope with a warming planet.

State leaders say they’ll use the funds for projects like replenishing sand on eroding beaches, helping homeowners install hurricane clips on their roofs and removing invasive grasses like those that fueled the deadly wildfire that destroyed Lahaina two years ago.

A bill scheduled for House and Senate votes on Wednesday would add an additional 0.75% to the daily room rate tax starting Jan. 1. It’s all but certain to pass given Democrats hold supermajorities in both chambers and party leaders have agreed on the measure. Gov. Josh Green has said he would sign it into law.

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Officials estimate the increase would generate $100 million in new revenue annually.

“We had a $13 billion tragedy in Maui and we lost 102 people. These kind of dollars will help us prevent that next disaster,” Green said in an interview.

Green said Hawaii was the first state in the nation to do something along these lines. Andrey Yushkov, a senior policy analyst at the Tax Foundation, a Washington, D.C.-based nonprofit organization, said he was unaware of any other state that has set aside lodging tax revenue for the purposes of environmental protection or climate change.

Adding to an already hefty taxThe increase will add to what is already a relatively large duty on short-term stays. The state’s existing 10.25% tax on daily room rates would climb to 11%. In addition, Hawaii’s counties each add their own 3% surcharge and the state and counties impose a combined 4.712% general excise tax on goods and services including hotel rooms. Together, that will make for a tax rate of nearly 19%.

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The only large U.S. cities that have higher cumulative state and local lodging tax rates are Omaha, Nebraska, at 20.5%, and Cincinnati, at 19.3%, according to a 2024 report by HVS, a global hospitality consulting firm.

The governor has long said the 10 million visitors who come to Hawaii each year should help the state’s 1.4 million residents protect the environment.

Green believes travelers will be willing to pay the increased tax because doing so will enable Hawaii to “keep the beaches perfect” and preserve favorite spots like Maui’s road to Hana and the coastline along Oahu’s North Shore. After the Maui wildfire, Green said he heard from thousands of people across the country asking how they could help. This is a significant way they can, he said.

Hotel industry has mixed feelingsJerry Gibson, president of the Hawaii Hotel Alliance, which represents the state’s hotel operators, said the industry was pleased lawmakers didn’t adopt a higher increase that was initially proposed.

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“I don’t think that there’s anybody in the tourism industry that says, ‘Well, let’s go out and tax more.’ No one wants to see that,” Gibson said. “But our state, at the same time, needs money.”

The silver lining, Gibson said, is that the money is supposed to beautify Hawaii’s environment. It will be worth it if that’s the case, he said.

Hawaii has long struggled to pay for the vast environmental and conservation needs of the islands, ranging from protecting coral reefs to weeding invasive plants to making sure tourists don’t harass wildlife, such as Hawaiian monk seals. The state must also maintain a large network of trails, many of which have heavier foot traffic as more travelers choose to hike on vacation.

Two years ago, lawmakers considered requiring tourists to pay for a yearlong license or pass to visit state parks and trails. Green wanted to have all visitors pay a $50 fee to enter the state, an idea lawmakers said would violate U.S. constitutional protections for free travel.

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Boosting the lodging tax is their compromise solution, one made more urgent by the Maui wildfires.

A large funding gapAn advocacy group, Care for Aina Now, calculated a $561 million gap between Hawaii’s conservation funding needs and money spent each year.

Green acknowledged the revenue from the tax increase falls short of this, but said the state would issue bonds to leverage the money it raises. Most of the $100 million would go toward measures that can be handled in a one-to-two year time frame, while $10 to $15 million of it would pay for bonds supporting long-term infrastructure projects.

Kāwika Riley, a member of the governor’s Climate Advisory Team, pointed to the Hawaiian saying, “A stranger only for a day,” to explain the new tax. The adage means that a visitor should help with the work after the first day of being a guest.

“Nobody is saying that literally our visitors have to come here and start working for us. But what we are saying is that it’s important to be part of of the solution,” Riley said. “It’s important to be part of caring for the things you love.”

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Torture and Secret C.I.A. Prisons Haunt 9/11 Case in Judge’s Ruling

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Torture and Secret C.I.A. Prisons Haunt 9/11 Case in Judge’s Ruling

When a military judge threw out a defendant’s confession in the Sept. 11 case this month, he gave two main reasons.

The prisoner’s statements, the judge ruled, were obtained through the C.I.A.’s use of torture, including beatings and sleep deprivation.

But equally troubling to the judge was what happened to the prisoner in the years after his physical torture ended, when the agency held him in isolation and kept questioning him from 2003 to 2006.

The defendant, Ammar al-Baluchi, is accused of sending money and providing other support to some of the hijackers who carried out the terrorist attack, which killed 3,000 people. In court, Mr. Baluchi is charged as Ali Abdul Aziz Ali.

He is the nephew of Khalid Shaikh Mohammed, the man accused of masterminding the plot.

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The judge, Col. Matthew N. McCall, wrote that it was easy to focus on the torture because it was “so absurdly far outside the norms of what is expected of U.S. custody preceding law enforcement questioning.”

“However,” he added, “the three and a half years of uncharged, incommunicado detention and essentially solitary confinement — all while being continually questioned and conditioned — is just as egregious” as the physical torture.

Prosecutors are preparing to appeal.

But the 111-page ruling was the latest blow to the government’s two-decade-old effort to hold death penalty trials at Guantánamo Bay by sweeping aside a legacy of state-sponsored torture.

Military judges in the two capital cases at Guantánamo have rejected the use of confessions taken from prisoners after they were in C.I.A. detention, illustrating the enduring stain of a Bush administration decision after Sept. 11, 2001, to interrogate and hide suspected members of Al Qaeda in black sites rather than use the court-monitored law enforcement system.

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From his capture in Pakistan in early 2003 to his transfer to Guantánamo in 2006, Mr. Baluchi was kept out of the reach of lawyers, a court and the International Red Cross, according to evidence presented at years of pretrial hearings.

In his first days in custody, Mr. Baluchi was deprived of sleep for 82 straight hours. He was shackled at the ankles and the wrists in a way that forced him to stand, naked, with a hood on his head. He was made to fear he would be drowned in a mock waterboarding technique while he was in a dungeonlike setting in Afghanistan.

In time, he was shuttled between five overseas prisons, including in Eastern Europe. Food and clothing were used as rewards for his cooperation with C.I.A. debriefers in a program described in court by two psychologists who carried out some of the interrogations for the agency.

The judge referred to classified C.I.A. accounts showing that Mr. Baluchi was questioned about Al Qaeda and his role in the Sept. 11 attacks more than 1,000 times before he was transferred to Guantánamo. Then, in January 2007, the Bush administration adopted a concept called clean teams.

The idea was to have agents who had not been involved in previous interrogations question a suspect anew to try to obtain admissible evidence for a court case. In the case of Mr. Baluchi, three F.B.I. agents questioned him over four days at Guantánamo in January 2007, four months after he was transferred there from a black site.

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The F.B.I. agents wrote a memo containing his confessions, which Judge McCall rejected on April 11 as illegally derived from torture.

Prosecutors had argued that Mr. Baluchi’s brutal interrogations lasted only a few days. For the next three years, they said, he gradually became less afraid of his captors and in time voluntarily answered questions from the C.I.A. debriefers and, later, from the F.B.I. questioners at Guantánamo.

The judge disagreed. “The goal of the program was to condition him through torture and other inhumane and coercive methods to become compliant during any government questioning,” he wrote. “The program worked.”

Uncertainty over whether the statements would be admissible was one reason the prosecutors sought to settle the case with guilty pleas in exchange for life sentences rather than through a death-penalty trial.

Mr. Baluchi and his lawyers never reached a plea agreement. But Mr. Mohammed and two other defendants did in a settlement that the Justice Department is now trying to overturn. If the courts uphold the deal and the plea goes forward, Mr. Mohammed has agreed to let prosecutors use portions of his 2007 interrogations at Guantánamo at a sentencing hearing.

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Government lawyers have to meet a high bar in appealing to reinstate Mr. Baluchi’s 2007 statements. In January, the military commissions appeals court upheld a judge’s decision to throw out the same type of evidence in the U.S.S. Cole case, the longest-running capital case at Guantánamo Bay.

In it, the appellate panel endorsed the analysis of the judge in that case that the C.I.A. had “conditioned” its captives “to answer questions from United States government officials — be they debriefers, interrogators or interviewers.”

In his third month at Guantánamo, Mr. Baluchi reported to a medical staff member that guards had withheld water from him “for 48 hours because he wrote his name in his shower with steam,” the judge noted.

Court testimony showed that each former C.I.A. prisoner’s cell was equipped with an intercom and individual shower that required little contact with guards. So Mr. Baluchi was punished for writing his name in a place where only he, the guards and the prison’s surveillance system could see it.

Moves between black sites started with a cavity search, the judge said in a section that explained the process in detail. Mr. Baluchi was blindfolded, and his ears and mouth were covered to prevent him from hearing or communicating with others.

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“He was diapered and then strapped into a seat or strapped to the floor like cargo for however long the flight lasted,” the judge recounted. The prisoner “did not know where he was going or how long he would have to remain in a soiled diaper.”

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Kevin Warsh delivers Fed a blast of cold heir

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Kevin Warsh delivers Fed a blast of cold heir

This article is an on-site version of our Chris Giles on Central Banks newsletter. Premium subscribers can sign up here to get the newsletter delivered every Tuesday. Standard subscribers can upgrade to Premium here, or explore all FT newsletters

Kevin Warsh, the presumptive heir to Jay Powell as Federal Reserve chair, gave a speech last Friday acknowledging “new interest in my views” and delivering a stinging attack on the US central bank’s actions since he resigned as a governor in 2011. Too much quantitative easing, a willingness to accommodate lax fiscal policy, mission creep in going green and helping the poor had led to the recent inflation, he said. That and other failings had left the Fed licking its wounds, nursing lost credibility and “generating worse outcomes for our citizens”.

Warsh said his speech was a “love letter” to the Fed. But when someone says that the world’s problems come from “inside the four walls of our most important economic institutions” and talks of US central bankers as “pampered princes” that deserved “opprobrium” for failing to contain inflation, it does not sound entirely constructive to my ears.

Of course, this was a job application. So let’s constructively critique the speech and ask what a Warsh-led Fed would look like.

The good, the exaggerations and what was missing

I have an enormous amount of time for much of the critique Warsh was making. Central bankers need humility, should not be pampered in public life, require robust oversight and, indeed, opprobrium if they err. There has been a pervasive tendency in these institutions, not just in the US, to pass the buck on the recent inflation. There has been mission creep into areas outside central banks’ core functions, which undermines both their legitimacy and democracy itself. Warsh was entirely correct to criticise central bankers’ choosing to promote group interests ahead of their mandates to control prices.

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But we should not exaggerate these problems, as Warsh clearly did. When there is a US president blowing up the postwar, rules-based economic system and the world has suffered a once-in-a-century pandemic, it is just weird to say the main problems come from within economic institutions such as the Fed.

Even though Warsh is correct to chide central bankers for denying that the purpose of quantitative easing was to facilitate greater government borrowing and stimulus, he is simply wrong to say that Fed officials “did not call for fiscal discipline at the time of sustained growth and full employment”. Powell has repeatedly said US fiscal policy is “on an unsustainable path . . . and we know we have to change that” (26 mins 55 seconds, for one example).

Warsh cites the Fed’s following of fashion on environmental concerns as something that has undermined its legitimacy. But the Fed being a member of the Network for Greening the Financial System between 2020 and 2025, a body that has done precious little, is barely a misdemeanour, and has had no effect on its credibility.

And when put to the financial market test over the past two weeks, far from the Fed needing to “mitigate losses of credibility”, it has been the executive branch of the US government — and in particular, the president — whose credibility has been shown to be deficient.

Exaggerations are inevitably part of a polemic and understandable in a job application. More concerning was what was missing. Warsh made no attempt to paint an analytical counterfactual apart from to assert that the world would be better now if the Fed had not made all the mistakes he outlined. How much higher would interest rates have needed to rise in 2020 and 2021 to offset government spending and curb inflation? Would this have worked? Are all the analyses that suggest the price rises were impossible to avoid without unacceptable trade-offs wrong? Why?

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There was no attempt to address these questions.

Hawkish heir

So what would Warsh’s Fed look like?

The first conclusion must be that it would be more hawkish. Donald Trump might not know this, but Warsh is with the public on inflation. He hates it and would not want it on his watch.

Second, it would be more limited in its scope. This would keep the Fed glued to its mandate — and that would be welcome.

Third, it would probably be more transparent. Warsh conducted an exemplary review of Bank of England transparency in 2014, which has stood the test of time.

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Fourth, and this is my supposition, a Warsh-led Fed would start off with the certainties of his speech, but soon find that ambiguities, nuances and trade-offs were in order.

What does the IMF expect from tariffs?

I have always found it more useful to discuss the things we actually know and the way we think about uncertain events, rather than just talking about what we do not know. In and around the IMF and World Bank spring meetings, central bankers have been doing just that.

Those outside the US think Trump’s tariffs generally represent a disinflationary shock to demand that will depress spending and output. This seems to be the settled view at present in the European Central Bank, with President Christine Lagarde having said tariffs were likely to be “disinflationary more than inflationary”. BoE governor Andrew Bailey agreed, and talked about a “growth shock”. Bank of Japan governor Kazuo Ueda said he shared the view of tariffs as a jolt to business confidence. With a stagflationary shock to deal with, Fed officials have been understandably more vague.

The IMF had the unenviable job of quantifying the tariff effect on the global economy last week. Its basic position was unarguable. Tariffs would cut growth worldwide and raise inflation in the US.

Fund officials talked up the changes in its forecasts with Pierre-Olivier Gourinchas, its chief economist. They said the world economy had entered a new era with the largest imposition of tariffs in a century, that would “greatly impact global trade” and “slow global growth significantly”.

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The most notable dissent from this stance, however, came from the IMF’s own forecasts, which do not tally with these comments.

As the chart below shows, the volume of forecast US goods imports is stable as a proportion of US GDP and rising in real terms every year. Tariffs just are not that consequential in the IMF’s models. In contrast, the Tax Foundation expects US imports to fall 23 per cent.

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Sure, IMF officials have told me that its forecasts have goods declining as a share of nominal GDP. But that itself has interesting implications. If the IMF thinks the volume of US goods imports will rise under tariffs, but the value of those goods will rise at a slower rate, the unit price of US imports (excluding tariffs) falls. Evidence suggests otherwise, although this forecast will put the IMF in the Trump administration’s good books.

I don’t want to bang on about IMF forecasts, but I am unconvinced that the following chart demonstrates a “new era” for global trade warnings from IMF officials.

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What I’ve been reading and watching

A chart that matters

The chart below shows US customs and excise revenues growing faster this year as a result of tariffs, courtesy of Erica York at the Tax Foundation.

Trump is right that billions in revenues are flowing into the US Treasury, although not $2bn a day as he likes to claim.

He is even more wrong about the tariff revenues being large. Some of the increase will decrease profits, limiting other tax revenues. Tariffs will also deter imports.

Another way to scale the revenues is to estimate an annual total. Let’s say customs duties raise $200bn to $300bn in a full year (higher than most estimates). These pale into insignificance compared with US individual income taxes, which are set to raise $2.7tn.

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