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Medical schools 'skirting' SCOTUS ruling rejecting race in admissions: report

FIRST ON FOX: A new report conducted by nonprofit organization Do No Harm (DNH) is sounding the alarm on medical schools allegedly "skirting" a 2023 Supreme Court ruling rejecting the use of race-based factors in admissions. 

DNH says it "represents physicians, nurses, medical students, patients, and policymakers" in an effort to keep "identity politics out of medical education, research, and clinical practice." The organization had previously released a report where they found "many in the healthcare establishment nevertheless remain ideologically committed to the principle of racial favoritism and reject the virtue of race blindness" despite the high court ruling. 

DNH states that a previous report also indicated that the Association of American Medical Colleges (AAMC) "and several medical specialty societies and medical schools" "rebuked" the Supreme Court decision shortly after it was handed down through means that included "veiled threats to circumvent the Court’s decision."

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The newly published data, titled "Skirting SCOTUS: How medical schools will continue to practice racially conscious admissions," used both MCAT data and available admissions data. DNH noted that because AAMC does not publish school-level data, it is not "immediately clear" which medical schools are continuing to implement affirmative action and to what extent. The data also excludes public universities in states where affirmative action was already banned.

"Among the thirteen schools that published clear racial/ethnic demographic data for the class of 2027 and 2028, four experienced an increase in the proportion of black or Hispanic students," the report states. 

"Fidelity to SFFA is not only measured by year-to-year demographic changes but is also a function of the degree to which affirmative action informed admissions policies before SFFA," the report continues.

The report states if the penalty assigned to "white and Asian applicants was modest," the demographic change would be reflected as such and vice versa. 

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The study stated that "outcomes at Quinnipiac, Maryland, Chicago, and Duke stand out as schools where admissions policies are particularly worthy of scrutiny" given that the schools "admit black and Hispanic medical students at a rate that far exceeds their representation in the applicant pool (13% in 2024)."

"That fact, in conjunction with the reality that black and Hispanic matriculants to medical schools have significantly lower GPAs and MCAT scores than other matriculants, is a signal that the schools continue to penalize or reward students on the basis of race," the report states. 

"It's pretty shocking and appalling how flagrantly some of these medical schools are ducking a Supreme Court ban on affirmative action," Ian Kingsbury, research director at DNH, told Fox News Digital. "You can see it in the data, and then you can tie that data to the statements that the schools themselves are making, where they're publicly rebuking the Supreme Court and where they're talking about the importance of diversity in their admissions process."

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"Whether the decision to stop publishing data after SFFA is coincidental, a gesture to disguise improper implementation of SFFA, or an effort to hide the statistical reality associated with proper implementation, is unclear," the report continued. "Given pressure from the AAMC to continue to racially discriminate, coupled with the reality that many medical schools have been captured by far-left ideologues, these schools – as well as the dozens of others that didn’t publish any data – do not automatically earn a presumption of innocence."

"The sort of sobering reality is that, unfortunately, for the time being, Students for Fair Admissions has not resolved the issue of racial discrimination in higher education," Kingsbury said. "And there's more work to be done."

The U.S. Supreme Court rejected the use of race as a factor in college admissions in a 6-3 decision in 2023. 

The justices decided two separate legal challenges over just how Harvard University – a private institution – and the University of North Carolina – a public one – decide who fills their classrooms.

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Student activist group Students for Fair Admissions brought cases against both universities. The group initially sued Harvard in 2014 for violating Title VI of the Civil Rights Act, which "prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives Federal funds or other Federal financial assistance."

Fox News Digital reached out to AAMC, Quinnipiac University, University of Maryland, University of Chicago, and Duke University for additional comment.

AAMC directed Fox News Digital to its most recent data publication on medical school applicants and enrollment in 2024. 

"We are encouraged by the increase in first-time applicants to medical school. The AAMC and its member medical schools are committed to continuing our efforts to increase the supply of physicians and to increase the range of backgrounds and experiences in the applicant and matriculant pools that are critical to the future physician workforce. Evidence shows that a more varied workforce can improve access to health care and the health of our communities," David J. Skorton, MD, AAMC president and CEO, said in the statement. 

Choking emergency? How to do the Heimlich maneuver — and when to avoid it

A choking emergency can turn really scary, really quickly.

Whether it’s yourself or another person, knowing how to remove the blockage while staying calm can be the difference between life and death.

The Heimlich maneuver is a first-aid method recommended by most health organizations, which uses abdominal thrusts to dislodge an obstruction from a person’s windpipe.

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Mass General Brigham, a health care system in Boston, Massachusetts, shared on its website step-by-step guidance on how to effectively perform the Heimlich, provided by emergency medicine doctor Wendy Macias-Konstantopoulos, MD.

In any choking emergency, Mass General Brigham suggests first calling 911 to report that someone may need the help of a medical professional.

If there is another person present, one person should call 911 while the other begins doing the Heimlich.

The Heimlich maneuver should not be performed on someone who can still talk, breathe or cough, according to Macias-Konstantopoulos.

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In that case, encourage someone exhibiting these signs to continue coughing to dislodge the object.

If none of these signs are present, or if the person is exhibiting the universal choking sign, start by administering up to five sharp blows to the person’s back with the heel of your hand between their shoulder blades.

If the person is still choking after a few blows to the back, experts recommend starting the Heimlich maneuver.

Macias-Konstantopoulos' guidance is to first stand behind the choking person, or kneel if it’s a child.

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Wrap your arms around their torso from the back. Make a fist with one hand and grab it with the other.

Place your hands in between the person’s belly button and rib cage.

Next, thrust in an inward and upward motion on the diaphragm. This will force air out of the lungs and remove the blockage. Repeat these abdominal thrusts up to five times, the doctor advised.

If the choking continues, go back to the five back blows followed by five abdominal thrusts until the airway is cleared or help has arrived.

For people who may be pregnant or obese, the Heimlich maneuver can be administered with five chest thrusts to the breastbone, or middle of the chest, instead of the abdomen.

Mass General Brigham warned that the Heimlich maneuver should not be used on infants younger than 12 months.

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Instead, if a baby under a year old is choking, hold them face down along the length of your arm or thigh, keeping their head lower than their bottom.

Sharply hit the baby on their back, firmly but not hard enough to injure them, up to five times, the health care system advised.

Once the blockage is dislodged, check the baby’s mouth and remove any visible objects with a finger.

If the blows to the back don’t work, try performing chest thrusts by holding the baby face up in the same orientation.

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Keep their head lower than their body and support the baby’s neck and head with your hand, according to Macias-Konstantopoulos.

Place two to three fingers on the baby’s breastbone, or in the middle of their chest, and press sharply one inch downward and upward up to five times.

As children in particular run a high risk of choking, the doctor advised parents and guardians to be careful with foods like popcorn, nuts, grapes, hot dogs and hard candy.

"Cut children’s food into small pieces before they eat," she recommended. 

"Keep choking hazards out of children’s reach, keep a close eye on your child while they eat and supervise play time."

If you're choking while alone, the same Heimlich technique can be performed on yourself, according to Mass General Brigham.

Place your fists right above your belly button and pull inward and upward into your diaphragm.

Alternatively, try bending over a hard surface, such as the back of a chair or countertop, and shove yourself into the same area of your abdomen to create a similar force to your lungs.

If you are unable to speak, many states allow texts to be sent to 911, the health care system noted.

"Type the numbers ‘9-1-1’ into the ‘to’ or ‘recipient’ field," Macias-Konstantopoulos instructed. "Text your location and the nature of your emergency right away."

These six states banned or limited DEI at colleges and universities in 2024

Six states, including one with a Democratic governor, have either banned or prohibited the use of diversity, equity, and inclusion (DEI) initiatives in public colleges and universities this year.

The practice of DEI in higher educational institutions has been controversial for several years, most frequently opposed by Republicans and described by critics, such as civil rights attorney Devon Westhill, as an "industry that pushes a left-wing, far-left ideological orthodoxy in essentially every area of American life."

In 2024 alone, Alabama, Idaho, Iowa, Indiana, Kansas and Utah either banned or limited the use of such teaching or use in the application process in their state's education system.

In January, Utah Gov. Spencer Cox, a Republican, signed legislation to prohibit institutions from engaging in "discriminatory practices" such as "that an individual, by virtue of the individual’s personal identity characteristics, bears responsibility for actions committed in the past by other individuals with the same personal identity characteristics." 

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The anti-DEI law also banned schools from having any policy, procedure, practice, program, office, initiative, or required training that is referred to or called "diversity, equity and inclusion."

In March, Republican Gov. Kay Ivey of Alabama signed SB 129 into law. It prohibits certain DEI offices, as well as the "promotion, endorsement, and affirmation of certain divisive concepts in certain public settings."

The bill bans "divisive concepts," such as "that any individual should accept, acknowledge, affirm, or assent to a sense of guilt, complicity, or a need to apologize on the basis of his or her race, color, religion, sex, ethnicity, or national origin" and "that meritocracy or traits such as a hard work ethic are racist or sexist."

The legislation also required that restrooms be used on the basis of biological sex rather than gender identity, and that public institutions of higher education "authorize certain penalties for violation."

Also in March, Indiana adopted legislation to amend the duties of state educational institutions' diversity committees and increase "intellectual diversity." Additionally, the Indiana House introduced legislation to further prohibit DEI teachings in schools by mandating that educators "shall not promote in any course certain concepts related to race or sex."

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Kansas Gov. Laura Kelly, a Democrat, allowed legislation prohibiting postsecondary educational institutions from engaging in certain DEI-related actions to become law without her signature. The bill, passed in April, imposes a $10,000 fine on any public institution that employs DEI practices in faculty hiring or student enrollment processes.

"While I have concerns about this legislation, I don’t believe that the conduct targeted in this legislation occurs in our universities," Kelly wrote in her passage of the bill.

Iowa Gov. Kim Reynolds, another Republican, signed an education-funding bill in May that contained provisions to limit DEI in schools, just months after the state's board of education began to scale back on such practices in higher education.

The bill prohibits "any effort to promote, as the official position of the public institution of higher education, a particular, widely contested opinion referencing unconscious or implicit bias, cultural appropriation, allyship, transgender ideology, microaggressions, group marginalization, antiracism, systemic oppression, social justice, intersectionality, nee-pronouns, heteronormativity, disparate impact, gender theory, racial privilege, sexual privilege, or any related formulation of these concepts." 

Idaho became the latest state to determine that institutions may not "require specific structures or activities related to DEI."

In December, the Idaho Board of Education unanimously agreed on a resolution requiring that institutions "ensure that no central offices, policies, procedures, or initiatives are dedicated to DEI ideology" and "ensure that no employee or student is required to declare gender identity or preferred pronouns."

Other states, such as Florida, Texas and Tennessee, have all previously banned the practice of DEI in higher education.

American teacher jailed in Russia is wrongfully detained, State Department formally says

The State Department announced that an American teacher arrested at a Russian airport on drug charges more than three years ago has been designated as wrongfully detained by the U.S. government.

Marc Fogel, a history teacher from Pennsylvania, is serving a 14-year prison sentence after his arrest in August 2021 at a Russian airport for being in possession of drugs, which his family and supporters said were medically prescribed marijuana.

Fogel was left out of a massive prisoner swap in August that freed multiple Americans, including Wall Street Journal reporter Evan Gershkovich and corporate security executive Paul Whelan.

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After the prisoner exchange, which also freed a dozen German nationals, lawyers for Fogel's family again pushed for the Biden administration to work toward securing his freedom, including by designating him as wrongfully detained.

The State Department considers several factors when choosing whether to designate an American jailed in a foreign country as wrongfully detained, such as whether there is credible information that the person is innocent or if they are being held primarily to influence U.S. policy or secure concessions from the U.S. government.

"The United States has been working to secure Marc Fogel’s release for some time," the State Department said in a statement. "We have long called for his humanitarian release and tried to include him in the August 1 deal, but were unable to. The Secretary determined Marc is wrongfully detained in October."

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Designating someone as wrongfully detained traditionally moves supervision of their case to the Special Presidential Envoy for Hostage Affairs's office, which is within the State Department and focuses on negotiating for the release of hostages and other Americans classified as being wrongfully detained in foreign countries.

Fogel's wife, Jane, and his sons, Ethan and Sam, said in a statement they were grateful that the State Department "has finally acknowledged what we have known all along — that our husband and father, Marc Fogel, has and continues to be wrongfully detained."

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"Now that we have the full force of the U.S. government behind us, we must do everything in our power to bring Marc home as quickly and safely as possible," the family continued.

University of Iowa announces plans to close Gender, Women's, and Sexuality Studies department

The University of Iowa announced that it would close its Gender, Women's, and Sexuality Studies department as public universities in the state continue to respond to a changing DEI landscape

"Under the proposed plan, the college would close the departments of American Studies and Gender, Women’s, and Sexuality Studies, as well as the current majors in American Studies and in Social Justice, which have fewer than 60 students combined, and create a new major in Social and Cultural Analysis," the University of Iowa announced in a press release on Dec. 17.

The decision comes after Iowa's state Board of regents approved 10 recommendations to scale back diversity, equity and inclusion (DEI) initiatives in the Hawkeye State. 

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"We are excited to reposition these programs for the future," dean of the University of Iowa's College of Liberal Arts and Sciences (CLAS), Sara Sanders, said. "The creation of a School of Social and Cultural Analysis would allow us to build on our considerable legacy in areas that are essential to our mission, while creating more sustainable structures and room for innovative new curricula." 

"Right now, these programs are administered by multiple department chairs and multiple directors," CLAS associate dean for the arts and humanities, Roland Racevskis, said. "Under this proposed plan, the school would have a single leadership team dedicated to overseeing the operations of the programs." 

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"Students in this major would be able to connect their individual experiences and ideas to larger social contexts," CLAS associate dean for undergraduate education, Cornelia Lang, said. "This would prepare them well for potential careers or graduate work in cultural studies and related fields through highly adaptable skills like analytical thinking, effective communication, and research."

The announcement revealed that the proposal would go into effect on July 1, 2025, if it is successfully approved at the February Board of Regents meeting.

The University of Iowa is not the only academic institution that is changing its stance on DEI programs in recent months. 

The University of Michigan ended its requirement for DEI statements on faculty hiring, promotion and tenure this month. The University of Austin (UATX), a private liberal arts university, also replaced DEI with merit-based initiatives this year. 

Some states, including Florida, have restricted or banned funding for DEI in state institutions. 

The University of Iowa did not immediately respond to a request for comment from Fox News Digital. 

Fox News' Taylor Penley contributed to this report. 

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