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Behind the Scenes of the Supreme Court Behind the Scenes of the Supreme Court
(about 3 hours later)
The Supreme Court deliberates in secret. Insiders who speak can be cast out of the fold. Learning about the justices’ internal debates over cases can require decades-long waits for their papers to become public.The Supreme Court deliberates in secret. Insiders who speak can be cast out of the fold. Learning about the justices’ internal debates over cases can require decades-long waits for their papers to become public.
But today we’re publishing an inside account, by Adam Liptak and me, of how the justices overturned Roe v. Wade.But today we’re publishing an inside account, by Adam Liptak and me, of how the justices overturned Roe v. Wade.
The answer has seemed obvious: Justice Ruth Bader Ginsburg, the court’s foremost defender of abortion rights, died and was replaced by Justice Amy Coney Barrett, a favorite of the anti-abortion movement.The answer has seemed obvious: Justice Ruth Bader Ginsburg, the court’s foremost defender of abortion rights, died and was replaced by Justice Amy Coney Barrett, a favorite of the anti-abortion movement.
That version is incomplete.That version is incomplete.
We discovered that Barrett, whom President Donald Trump appointed to lock in the court’s conservative supermajority, opposed even hearing the case. When the jurists were debating Mississippi’s request to hear it, she said the timing was wrong, and she eventually voted against granting the case. Four justices — the minimum necessary, and all of them male — greenlighted the lawsuit that the state of Mississippi had brought, Dobbs v. Jackson Women’s Health Organization.We discovered that Barrett, whom President Donald Trump appointed to lock in the court’s conservative supermajority, opposed even hearing the case. When the jurists were debating Mississippi’s request to hear it, she said the timing was wrong, and she eventually voted against granting the case. Four justices — the minimum necessary, and all of them male — greenlighted the lawsuit that the state of Mississippi had brought, Dobbs v. Jackson Women’s Health Organization.
Chief Justice John Roberts and Justice Stephen Breyer had also opposed the court’s taking the case, and they later worked together to narrow the results and preserve some portion of Roe v. Wade. Breyer, a lifelong liberal, was even willing to cut back the right to abortion in order to save it.
A leak cut off those hopes, our article shows. Whatever the leaker’s motive, Politico’s publication of Justice Samuel Alito’s draft opinion in May 2022 had the effect of cementing the votes in place.
Our story includes other revelations as well, including about how Ginsburg’s death hung over the case. The court delayed announcing its decision to hear the case, creating the appearance of distance from Ginsburg’s passing.
Our account is based on interviews with court insiders who had real-time knowledge of the events, notes, and documents. We’re also publishing excerpts from the justices’ internal messages to one another, so readers can see for themselves how court’s members communicate. As they take on one contentious issue after another — and wade right back into the abortion debate — we hope this article will help illuminate an institution that sets the rules for us all.
Hungary blocked the European Union from approving a financial aid package for Ukraine, but European Union leaders agreed to open membership talks with Kyiv.
In Washington, Senate Democrats will delay their holiday break to allow time for a compromise on Ukraine aid and immigration.
Vladimir Putin said that Western support for Ukraine was slowing and commented on Russia’s arrest of Evan Gershkovich, a correspondent for The Wall Street Journal, in a four-hour news conference.
Ukraine is using coercive tactics to recruit some soldiers, including confiscating passports and taking people from their jobs.
The Biden administration told Israel it wanted the country to scale down its ground campaign in Gaza within weeks, suggesting that Israel instead use smaller, targeted attacks.
On a visit to Israel, a top Biden adviser, Jake Sullivan, said the countries expected the fighting to slow down eventually.
Israel said it recovered the bodies of three hostages in Gaza.
Israeli forces killed at least 12 people during a three-day raid in Jenin, in the occupied West Bank, the Palestinian Health Ministry said.
There has been an uptick in Israelis applying for private gun licenses after Oct. 7.
Republican state legislators voted to withhold millions of dollars from the University of Pennsylvania’s veterinary school amid an uproar over the school’s response to antisemitism on campus.
A bipartisan group in the House passed an $886 billion defense bill, maneuvering around far-right members upset over the omission of abortion and diversity restrictions.
Tucked into the defense bill is a measure directing the National Archives to collect documents relating to U.F.O.s and to make the records public within 25 years.
Dozens of members of Congress have announced plans to leave their seats in the House. See who is retiring.
In an impeachment inquiry into President Biden, Republicans are searching for evidence of bribery, misconduct and obstruction.
The new C.D.C. director is on a national media campaign to restore faith in the agency.
A launchpad for commercial space travel in rural New Mexico has cost more than $200 million in state and local funds. Many residents are still waiting for the payoff.
Scientists have detected a poisonous gas emanating from a small moon of Saturn, hinting at the potential for life there.
A new NASA program allows researchers to calculate how much planet-warming carbon forests are keeping out of Earth’s atmosphere.
The Fed appears to be creeping closer to its goal to lower inflation without prompting a recession, surprising economists.
TikTok quietly changed its terms of service this summer. Lawyers say it could make it harder for legal action to be brought against the company.
Entertainment studios removed their shows from Netflix to build their own streaming services. Facing cash troubles, some are now reversing course.
New Jersey Transit service was delayed when a long-horned bull got loose on the tracks in Newark. The animal was eventually captured and sent to a sanctuary.
Brazil’s Congress approved a law that would make it harder for Indigenous tribes to block deforestation.
The U.S. Army is training troops in the Hawaiian jungle on the skills needed for a potential clash with China.
A British boy who disappeared six years ago was found in France.
A storm system is forecast along the Eastern Seaboard this weekend, but its path is uncertain.
Classes about free speech, not updated codes of conduct, are the key to balancing debate and censorship in universities, Sophia Rosenfeld writes.
The U.S. should join the majority of the world in recognizing the state of Palestine to keep the possibility of a two-state solution alive, R. David Harden and Larry Garber write.
Arguments for supporting Ukraine should inspire hope and resolve, not merely incite fear or rage, David French writes.
Here are columns by Jamelle Bouie on Trump and Paul Krugman on free speech on campus.
NorthSeaTok: People are watching videos of towering waves. Experts say the waters off Europe aren’t as scary as they seem.
Bucking tradition: Couples are swapping out traditional receptions for raves and all-night dance parties.
Early (human) risers: Are you a morning person? You might have Neanderthal genes to thank.
Lives Lived: The journalist and author Ted Morgan straddled two cultures. He was born Sanche de Gramont, the son of a French count, but when he became an American citizen — “Ted Morgan” was an anagram of his surname — he claimed to shed his European elitism. He died at 91.
N.F.L.: The Las Vegas Raiders walloped the visiting Los Angeles Chargers, 63-21, in a game that could force the latter franchise to do a complete organizational reset.
A comment: Steve Kerr, the Warriors coach, said he understands the logic behind Draymond Green’s suspension and hopes his star player uses the time away to “make a change” in his life.
The Crimson Tide: Alabama hired a former Michigan coach three weeks before the two teams play in the College Football Playoff.
Can you name them all? You’ve seen their faces before. Some lead world powers, or rose to new positions in Washington. Some sold out stadiums, or topped the pop charts, or broke through on the big screen. Some died this year, after long and storied careers.
This morning we’re publishing our annual Faces Quiz. In the game, we’ll show you faces of people who made news this year, and you tell us their names. Some will be universally recognizable; others may be tricky. There are hints, if you need them.
(Note, our Weekly News Quiz is taking the week off.)
Andre Braugher, the “Brooklyn Nine-Nine” actor who died this week, was diagnosed with lung cancer a few months ago.
The “Barbie” director Greta Gerwig will lead the jury at next year’s Cannes Film Festival.
Trevor Noah will host the Grammys for the fourth consecutive year, Variety reports.
Late night hosts discuss the president and Hunter Biden, his son.
Bake a big chocolate tart.
Escape the winter blues with a cruise.
Wear a comfortable pair of slippers.
Improve leg circulation with an under-desk footrest.
Here is today’s Spelling Bee. Yesterday’s pangram was mandolin.
And here are today’s Mini Crossword, Wordle, Sudoku and Connections.
Thanks for spending part of your morning with The Times. See you tomorrow.
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