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.
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.
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.
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War in Ukraine
Opinions
Classes about free speech, not updated codes of conduct, are the key to balancing debate and censorship in universities, Sophia Rosenfeld writes.
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.
SPORTS
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.
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.)
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