this is nightline. >> tonight, supreme court surprise. the court mistakenly

posts what appears to be a draft of a major abortion ruling involving pregnant patients whose health is at risk. why? what? the justices appear to have decided may open the door for emergency room abortions in idaho. >> it's not a final answer, and it doesn't solve the problem for both women and physicians in idaho who can't get and provide essential reproductive health care. >> and will it impact other states? plus, affirmative action. we followed two students trying to navigate a world without race based college admissions. >> i was always aiming for the castle on the hill. i was always trying to go for harvard. >> one year after the landmark ruling from the nation's highest court. >> we do begin tonight with the landmark supreme court ruling striking down affirmative action as we know it in college admissions. >> why some critics fear students of color could be shut out. >> there are already so many obstacles that disproportionately affect students of color. >> and did our students get accepted into their dream schools? nightline will be right

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you. >> thanks for joining us. we begin tonight with that stunning development at the supreme court, a document involving what appears to be a major ruling on abortion, appearing briefly on the court's website today, it's now raising many questions about how such an error could occur and is it a preview of the judge's actual decision? more

now from abc's senior national correspondent terry moran. >> tonight, an egregious error at the supreme court. somehow, what appears to be a ruling from the justices on a major abortion case was temporarily published before it was supposed to be on the court's website. and it indicates that the court will allow some abortions in idaho in emergency situations. for now, the document was pulled down from the site within minutes, and the court issued a statement. the opinion has not been released. it said. the court's publications unit inadvertently and briefly uploaded a document to the court's website. the case marks the first time the justices are considering a state abortion ban since the court overturned roe versus wade two years ago. at issue whether idaho's ban on abortions, except when necessary to prevent death, takes precedence over the federal law guaranteeing that patients in emergency rooms get the emergency care they need. even in the rare cases when that might mean an abortion. the document today reported and published by bloomberg,

indicates that by a vote of 6 to 3, the court's majority will send the idaho case back down to the lower courts. still, there were fiery opinions on both sides. justice ketanji brown jackson writing that the court missed an opportunity to rule on the law. today's decision is not a victory for pregnant patients in idaho, she wrote. it is delay while this court dawdles and the country waits, pregnant people experiencing emergency medical conditions remain in a precarious position as their doctors are kept in the dark about what the law requires. and justice samuel alito, almost taunting his colleagues, saying the court should have ruled today to allow idaho's ban to stand. apparently, the court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents. that is regrettable. >> and joining us now is terry moran. terry, you're a veteran court observer, and just two years ago, when the dobbs decision was leaked, it created a huge uproar. what do we know

about what is reportedly an inadvertent release this time? how did it happen? >> the dobbs leak was an act of malice. it seemed. they never found out who did it, but it was done to try to perhaps influence public debate. this just looks like a like a mess up. either way, they're both serious security breaches in the court. it is dated the 26th of june, though, so it does seem that it was intended to be released sometimes at the last minute. justices want to revise what's going on, and i will say that in reading this, justice alito has a dissent in which he deliberately targets three of his fellow justices in rather personal terms, and maybe wanted to tone that down or juice it up . >> and terry, given how, you know, the ruling gets released, what's the likelihood that this draft opinion, as reported by bloomberg, is final? >> when dobbs opinion leaked that when it came out formally, was almost word for word the same opinion. so that didn't change at all, and i would be surprised if it changed much. they put a lot of work into

this, and so what we learn from it is that the court is not ready to resolve this clash between idaho's ban on abortion, except when necessary, to prevent death, and that federal law that guarantees that anyone who comes into an emergency room gets the emergency care they need, even if that requires the termination of a pregnancy, they aren't going to resolve that, in part because the idaho law that they're looking at has been changed in the intervening months by the state legislature and the state supreme court. all right. >> well, terry moran, as always, thank you. let's bring in now abc's rachel scott who has been watching the reporting on dobbs fallout for months and months now. rachel, what are you hearing from abortion providers in idaho? abortion providers in idaho say that if this is accurate, they are calling this a small measure of justice, insisting that it would only be a temporary win. >> and they are emphasizing the word temporary because if this is accurate, it would allow

providers in idaho to perform emergency abortions to stabilize the health of a pregnant person, to protect that patient's health. if it is at risk. but again, that word temporary, you just heard there from terry moran, they could see even more legal challenges that could put that back on hold. and more so than anything right now, you have abortion providers who are talking about just how confusing the laws have been in that state. so not only are abortion providers trying to stay up to date with what the laws currently are, so are the patients. if this is accurate, doctors in that state are asking how many more women could be caught hanging in the balance, could be caught in limbo, could be pushed to the brink of death's door waiting on the supreme court to ultimately weigh in. >> either way, our thanks to both terry and rachel coming up. affirmative action. we follow two students navigating college admissions after the supreme court struck down affirmative action.

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you. >> it's cap and gown season now. and many students are graduating from high school and preparing for the next phase of their lives. college. but what was the college admissions process like for students? one year after the supreme court struck down, affirmative action, here's abc's senior white house correspondent selina wang. yeah. >> are you crying? i'm so excited. >> yeah. nice yeah. we're good. >> yeah. we're good.

>> very good. >> you're so handsome. >> 18 year old david jiang is getting ready to graduate high school, a proud moment for his parents, who immigrated from china more than 20 years ago. >> there's nothing to. >> harvard. has been david's dream school. >> once i hit this button, my entire future could depend on this moment. i was always aiming for the castle on the hill. i was always trying to go for harvard. the college was part of a supreme court decision last year that brought a massive policy change and an incredible amount of uncertainty about the future of campus diversity. >> we do begin tonight with the landmark supreme court ruling striking down affirmative action as we know it in college admissions, overturning a key tool used for more than 40 years to make campuses more diverse. in this country. over the past year, we've been with the first students to navigate a post affirmative action world. >> the harvard application has been especially tough because they kind of switched up their

entire application. >> i feel like we're the guinea pigs of the whole situation. >> admissions officers can no longer use race to judge students applications, but students can choose to share that information in their essays, possibly putting more pressure on that part of their application. you don't precisely know what the school is asking for you to write about, david says. he decided to lean into his cultural identity in his personal statement. were you anxious at all about how talking about your chinese heritage may have hurt or helped you? >> it's just a huge part of my identity that i didn't really care if a school does not want to admit me because i'm asian american, then there's not much i can do about that, because it's a part of me that i just can't get rid of. >> by all accounts, david is an academically exceptional student with an impressive resume of accomplishments and extracurriculars. his high school, stuyvesant in new york city, is one of the top rated public schools in the country.

>> my gpa is 97.3 out of 100. my s.a.t. score is 1560, and extracurricular wise, i'm one of the captains for the stuyvesant math team. i'm a team captain for the new york city math team. i'm the starting right side for our school's volleyball team. i'm in the all city latin jazz ensemble. >> he applied early decision to harvard. in december. he found out the college deferred him. >> if it's deferred, that means i still have a chance. i love you all right, i love you. >> then. more disappointing news over the next few months, as he began to hear back from the over a dozen schools that he applied to yale, waitlist no. >> princeton. it was all like bad news or results i wouldn't have expected. like reject waitlist, reject waitlist. >> in march, he learned harvard had rejected him. >> i feel like i also owe it to my parents to sort of make them proud, and i feel like by not getting into harvard, i was sort of disappointing them. but more importantly, i was disappointing

myself. >> adam mortara, who helped argue the case that struck down affirmative action on behalf of students for fair admissions, says harvard had previously unfairly held asian american applicants to a higher standard. >> our econometrics expert was able to show that, in fact, that admissions penalty existed. it was predominantly centered in the so-called personal rating, where asian applicants were given lower personal ratings than white applicants, african american applicants or hispanic applicants. >> that so-called personal rating could include traits like humor, kindness, sensitivity, and leadership. while david does not believe race played a role in his rejection from harvard, he says he thinks implicit bias is nearly impossible to erase. >> so i think that the stereotypes are that asian people are sort of reserved, stick to themselves, and just do math problems in their free time. >> did you feel like you had, though purposefully go out of your way to show, hey, i'm not like the stereotypical asian.

>> i think i had to, i feel like i did kind of have to prove that i'm not the stereotypical asian. >> harvard has denied any bias or discrimination against asian american applicants in their admission process, telling abc news in part, harvard has taken several steps to arrive in compliance with the ruling from the supreme court. these changes have been made across our recruitment application and admissions practices, but critics like rising harvard senior clive lawrence says they're not so sure there is this real threat of the proportion of black students at harvard decreasing over the years. >> i feel a concern about a chilling effect that black students who otherwise would have applied now are worried that they'll be, facing disadvantages because of the decision. >> that possible chilling effect is something joelle castillo felt as an afro-latina applicant. >> i think some of my fears are that institutions don't know what to do in terms of, this

ban and they aren't giving a much guidance. they're already, so many obstacles that disproportionately affect students of color. would you rather i read to you the little bit that i wrote? >> she workshopped her approach with her advisor at the kaplan educational foundation when she was applying to transfer from a new york city community college. >> the decision mentioned that, you know, it's affects your lived experience, right, that, you know, that is that is a relevant aspect that you can that you can address, right? >> her lived experience included a lot of obstacles. >> i had a very difficult upbringing. i would say my mother was trying her best to mother three girls. after my father had been arrested and imprisoned, we often found

ourselves moving from place to place and sometimes not having anywhere to live at all, she says. >> her struggles at home affected her education. when high school ended, she immediately started working several jobs to help support her family. almost a decade later, she enrolled in community college and set her sights on a four year university. >> i had to play catch up to the other applicants, students that have had the opportunity to have tutors and family supporting them throughout the college application, whereas i was kind of going in blind. >> she ultimately decided to write about her cultural background, and with a 4.0 gpa, joelle found herself with an impressive list of options. >> i mean, i ended up receiving acceptances from most of the schools that i applied to, such as princeton, brown, smith, bard, mount holyoke. >> she ended up choosing brown, but says she still worries about diversity on campus. >> if we don't continue to try

and elevate students of color, that our campuses are going to look the way that they did many years before, where there were less students of color. >> according to a 2017 new york times analysis looking at the impact of affirmative action over a 35 year period at the top colleges and universities, asian enrollment largely increased, while hispanic and black students mostly remained disproportionately underrepresented. nearly 70% of americans supported the end of affirmative action, and some who fought for its end say the college admissions process won't truly be fair until colleges stop giving preference to children of alumni called legacies. >> there's no reason that one child should be afforded an admissions preference to an elite university because their parent went there, as opposed to the child of, say, a second generation immigrant family whose parents did not have the opportunity to attend that institution.

>> there's widespread scrutiny over the practice. last year, the u.s. department of education launched a civil rights investigation into harvard's use of legacy admissions. a number of elite schools have already done away with legacy admissions, including johns hopkins university and amherst college. states like virginia and maryland have also joined colorado to ban the practice at its public universities, with more states considering similar proposals. but opposition has come from an unexpected group of alumni. >> it's a really big deal for us as american descendants of the enslaved to be legacy and legacy families. >> amanda calhoun is a second generation yale grad. she's the second doctor calhoun in her family, following in her father's footsteps. amanda and her father say they feel affirmative action in its outreach programs were transformative. >> we're talking about rich white families to enjoy being legacies for now. over 300 years. so now we're finally, you know, getting, you know, multiple generations of people who are at yale and now you're

going to overturn it, right? when we get a piece of the pie, your biggest concern about a future with no affirmative action and no legacy admissions, my concern would be that we would see less outreach, that we'll see less black students, less frankly minoritized students that are feeling empowered to apply to a place like yale and other elite institutions. >> yale is currently reviewing its preference for legacy applicants, but for now, the policy remains in place. harvard says 20.5% of its incoming class will be students, who are the first generation in their family to graduate from a four year college or equivalent. additionally harvard telling abc news that nearly one quarter of the class of 2028 has no financial contribution from their parents, and just over half will receive need based aid, with an average parent contribution of $15,500. >> oh, i got into duke for david. >> he's made peace with the process. he's now a proud member

of the class of 2028 at duke university. >> there's that little blue devil over there. >> i'm really excited just to go to someplace new. i felt really at home with the duke people. i was glad i finally got into a school that i would love to go to. >> i'm proud of you. thank you. >> our thanks to selena. up next. bon voyage. saying farewell to a special colleague >> type two diabetes. >> discover the ozempic tri-zone oh oh oh ozempic. >> i got the power of three. >> i lowered my a-1c cv risk and lost some weight. >> in studies, the majority of people reached an a1c under seven and maintained it. >> i'm under seven. >> ozempic lowers the risk of major cardiovascular events such as stroke, heart attack or death in adults. also, with known heart disease. >> i'm lowering my risk. >> adults lost up to 14 pounds. >> i lost some weight. >> ozempic isn't for people with type one diabetes. don't share

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golden 1 checking, life is a journey best celebrated together. >> and finally tonight, a happy sendoff to abc's chief medical correspondent, doctor jen ashton. >> we all know doctor jen has a special knack for making people feel safe during a pandemic, during mass casualty, during breaking news, and during her daily medical updates on gma and gma3 telling us calmly what you need to know and it depends how bad your symptoms are. most i >> so the most is, if something hurts, do not do it. >> juju: she does that off camera, too. she's always a calm voice full of sanity and wisdom. but she's also a hoot. talking about raising kids or juggling a career, heartbreak, and fin