Roe v Wade (Supreme Court Decision)

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      Does Justice Alito Hear Himself?

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      For someone who wields unimaginable power and exudes utter confidence in his own moral rectitude, Justice Samuel Alito is an exceptionally touchy guy.Exhibit A: His decision to devote time and energy to a newspaper essay defending himself against charges of ethical and legal violations that had not yet been published, and which he considered invalid in the first place. The essay, in both form and substance, epitomizes the bitterness and superciliousness that he has demonstrated in regular doses throughout his years on the Supreme Court.The nature of the charges, detailed in a deeply reported article published by ProPublica on Tuesday evening, will sound familiar after the recent revelations about the casual attitude of several justices regarding the most basic ethical standards.In 2008, Justice Alito accepted a free flight to a luxury fishing resort in Alaska on a private jet owned by Paul Singer, the hugely wealthy hedge-fund owner and major conservative donor. When one of Mr. Singer’s companies later appeared before the court in a multibillion-dollar lawsuit against the Argentine government, it won its case, eventually netting $2.4 billion. Justice Alito voted in the majority. He neither recused himself from the case nor reported the free flight, which could have cost him up to $100,000 on the open market, and which appears to be a violation of a federal law requiring the disclosure of such gifts.Most judges, whether by temperament or fidelity, avoid the spotlight. They prefer to follow rules and let their opinions do the talking. That has never been Justice Alito’s way. For most of his 17 years on the court, he has appeared to relish playing the role of bare-knuckled partisan soldier, standing athwart history in loyal service to a vengeful, theocratic right-wing movement that elevates religious liberty for some over basic freedoms for all. Remember when he mouthed “not true,” on live national television, in reaction to President Barack Obama’s criticism of the court’s Citizens United decision during the 2010 State of the Union address? Or when he attacked liberals as threatening religious liberty and free speech? Or when he mocked the critics of his majority opinion last year striking down Roe v. Wade and a woman’s constitutional right to abortion? You’d think you were listening to a pugnacious politician rather than a high-minded jurist — and you would not be entirely wrong.On Tuesday evening, hours before the ProPublica report came out, Justice Alito took to the ramparts again. In a lengthy screed on The Wall Street Journal’s opinion page, he absolved himself of any wrongdoing, flatly rejecting any suggestion that he should have recused himself or reported Mr. Singer’s gift. Recusal is required only when “an unbiased and reasonable person who is aware of all relevant facts would doubt that the justice could fairly discharge his or her duties,” he wrote, quoting the court’s recently adopted statement of ethics and principles. “No such person,” he concluded, “would think that my relationship with Mr. Singer meets that standard.”One of the hazards of an unelected lifetime gig is that you have little idea of what regular people actually think. Contrary to Justice Alito’s cosseted worldview, the real reason “no such person” would doubt his impartiality is that no such person exists. The justice never disclosed the existence of the trip, so no one was aware of “all relevant facts” besides himself, Mr. Singer and the other people on the plane.But even if the relationship had been known, can anyone say with a straight face that no “unbiased and reasonable person” would question the justice’s impartiality when he votes for someone who gave him a valuable gift? Isn’t there at least the appearance that something other than the strict application of the rule of law is at work? And appearances count, perhaps nowhere more than at the Supreme Court, which is the final arbiter of many of the most fraught issues of American life.Justice Alito is hardly the first member of the current court to face charges of serious ethical lapses. Nearly all the other justices, conservative and liberal, have accepted free travel and other gifts over the years, although these have rarely involved such a clear connection to cases that have come before the court. Justice Clarence Thomas has been under fire for, among other things, failing to recuse himself from cases involving the Jan. 6 Capitol insurrection, even though his wife, Ginni, was in regular communication with the Trump White House in an attempt to overturn the 2020 election. More recently, ProPublica has reported on Justice Thomas’s ties to Harlan Crow, another conservative billionaire who has lavished gifts on him and his wife over the years, and who has been connected to at least one business with a case before the court.Justice Thomas has mostly kept his mouth shut, though he did issue a brief statement after the ProPublica article about him. Justice Alito, by choosing to speak up at length and in a forum that he knew would be both friendly and prominent, muscled his opinion into public view. In doing so, he illustrated how flimsy even a Supreme Court justice’s reasoning can be when he attempts to be a judge in his own cause.For instance, Justice Alito defended his decision not to report Mr. Singer’s freebie because it was “personal hospitality,” which he believed, like his colleague Justice Thomas, did not need to be reported. And yet he also claimed he barely knew Mr. Singer. So which is it? “If you were good friends, what were you doing ruling on his case?” one legal-ethics expert said to ProPublica. “And if you weren’t good friends, what were you doing accepting this?”Rather than try to square that circle and admit he’d been caught doing something ethically wrong and arguably illegal, Justice Alito went to laughable lengths to lawyer his way out. As far as he was aware, he wrote, the seat he occupied on his private-jet jaunt to Alaska “would have otherwise been vacant” — by which he presumably means to say the gift was valueless. Remind me to try that one out the next time I walk past an empty first-class seat on a Delta flight. Seriously, though: do these guys listen to themselves?Justice Alito doesn’t like these sorts of questions. In fact, he doesn’t seem to like any criticism of the court. In addition to getting his back up about ethical complaints, he is aggrieved about challenges to the court’s blatantly partisan decisions and its increasing reliance on the secretive “shadow docket” to issue rulings without oral arguments or written opinions.“We are being hammered daily, and I think quite unfairly in a lot of instances. And nobody, practically nobody, is defending us,” he said in an interview in April with The Wall Street Journal.If Justice Alito doesn’t appreciate being called out for taking lavish trips on litigants’ dimes, or for overturning precedent to impose his personal ideology, then he might consider not doing those things in the first place. Instead, he chooses to shoot the messenger.It is this odor of impunity, this mockery of legitimate critique, this disregard for the rights and freedoms of millions of Americans — this “stench” of politicization, as Justice Sonia Sotomayor put it during oral arguments in the case that eventually overturned Roe v. Wade — that defines today’s Supreme Court. That should concern Chief Justice John Roberts above all, because his name and legacy will be forever attached to this court.And that is why, if the justices are confused as to the reason public trust in the court is in free fall, they need look no further than Justice Alito’s smug, defensive reaction to a very fair criticism. As long as the court refuses to accept significantly stricter ethics rules, either adopted by themselves or imposed by Congress, that trust — and with it the court’s legitimacy — will continue to erode until it’s not worth a seat on a private jet.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      What Republicans Say About Their Risky Balancing Act on Abortion

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      The historic Dobbs ruling has hurt the party electorally, but G.O.P. lawmakers are still moving to pass more restrictive laws. These two realities represent the defining political fallout of the end of Roe v. Wade.In the year since the Supreme Court overturned Roe v. Wade, one of the country’s most emotionally charged issues has come to be defined by two seemingly contradictory political realities.In competitive general elections, abortion rights emerged as among the greatest electoral strengths for Democrats and, often, a clear liability for Republicans: Americans say at record levels that they support at least some access to the procedure, and the issue has fueled Democratic victories across the nation.At the same time, Republican-dominated state legislatures have moved rapidly to sharply limit or ban access to abortion. Activists are demanding that G.O.P. presidential candidates make firm commitments about federal restrictions, and are urging ever-further-reaching legislation in the states.This headlong rush into risky territory for the national Republican Party — and the extraordinary backlash against some of those measures — represents the enduring political fallout of the Supreme Court decision, which transformed a partisan standoff 50 years in the making.Anti-abortion activists and some Republican strategists applaud the approach of many state legislatures, arguing that voters expect their lawmakers to deliver on upholding one of the core tenets of the conservative movement.“If you can, you must,” said Marjorie Dannenfelser, the president of the major anti-abortion rights group Susan B. Anthony Pro-Life America. “To fail to do that would, politically, would be a disaster for pro-life voters who put them in office.”Marjorie Dannenfelser, the president of Susan B. Anthony Pro-Life America, said Republican candidates needed to be “very clear on what it means to be ambitious for life.” Drew Angerer/Getty ImagesBut as the anniversary of the Dobbs decision overturning Roe arrives on Saturday, interviews with more than a dozen Republican lawmakers, strategists and anti-abortion activists paint a portrait of a party still struggling to find a consensus on abortion policy, and grappling with how to energize core base voters on the issue without alienating swing voters.Many observers see the wave of new restrictions, which vary in gestational limit and exceptions and have sometimes been held up in court, as a function of several factors: years of promises and pent-up energy on the right; deeply held convictions about when life begins; and gerrymandering that has often left Republican lawmakers more worried about far-right primary challenges than about turning off moderate voters in general elections.But for a critical slice of Republicans — those who represent competitive districts in state legislatures or in Congress, who support some degree of abortion rights, or, in some cases, presidential candidates — the issue presents a particularly difficult balancing act.Their decisions and calculations are at the heart of the tensions over the abortion debate within the Republican Party in the post-Roe era.“I was hearing from both sides strongly,” said State Representative Mike Caruso of Florida, a Republican who opposed a measure — ultimately signed by Gov. Ron DeSantis — that forbids abortions after six weeks of pregnancy, with a few exceptions. “It was pretty much a ban on abortion.”“I’ve got seven children, been through nine pregnancies,” he added. “I don’t think I ever knew, we ever knew, that we were pregnant prior to six weeks.”But, demonstrating the vastly different views on the issue within the party, State Representative Mike Beltran of Florida said that while he voted for the measure, “frankly, I don’t think it goes far enough.”“All these bills were huge compromises,” said Mr. Beltran, who said he personally opposed abortion rights without exception, suggesting that if a mother’s life was in danger, barring ectopic pregnancies, the answer could often be to deliver the fetus, even months prematurely. “We should suffer electoral consequences if we don’t do what we said we would do.”State Representative Mike Beltran of Florida opposes abortion rights without exception.Tori Lynn Schneider, via SipaAnti-abortion activists and lawmakers have vigorously made a version of that argument to Republican candidates, sometimes citing polling to show lawmakers what they believe voters in a particular state will accept. (Some of these surveys are commissioned by abortion opponents, and their findings can be at odds with public polling.)“It’s a fundamental issue to Republicans to protect life,” said Tami Fitzgerald, the executive director of the North Carolina Values Coalition. She supported the state’s new ban on most abortions after 12 weeks of pregnancy, though she wants restrictions that go much further, calling a six-week ban “step two.”“A candidate needs the pro-life voters in order to win,” she added.In an interview this month, Ms. Dannenfelser of Susan B. Anthony urged candidates to be “very clear on what it means to be ambitious for life” while seeking to draw contrasts with Democrats on the issue, warning of the risks of being defined by the other side.This is not a “theoretical messaging moment,” she said. “This is real life.”In the presidential contest, though, some of the candidates have tried to skirt questions about what national restrictions they would support. Contenders including former President Donald J. Trump — who helped muscle through Supreme Court justices who made overturning Roe possible — have indicated that they think the issue should be resolved by the states, though Mr. Trump has also been vague on the issue.“Their hesitancy to communicate has been frustrating,” Ms. Dannenfelser said, referring broadly to the field. But the debate stage, she said, is “going to be where the rubber meets the road, and our bright-red line saying that you must have a 15-week or better limit or we can’t support you.”Yet when Senator Lindsey Graham of South Carolina last year proposed a federal ban on abortions after 15 weeks of pregnancy with some exceptions, he ignited immediate resistance from numerous fellow Republicans, evidence that some in the party see political peril in a national ban.Senator Lindsey Graham last year proposed a federal ban on abortion at 15 weeks of pregnancy, and faced immediate resistance.Evelyn Hockstein/ReutersAnd polling has shown that most Americans support at least some abortion rights, especially early in pregnancy.A Gallup survey released last week found that a record-high 69 percent of Americans, including 47 percent of Republicans, believed that abortion should generally be legal in the first three months of pregnancy.“That just makes me wonder if maybe there is some room for nuance there within the party,” said Lydia Saad, the director of U.S. social research at Gallup. “But nuance isn’t generally very successful in politics.”In some states, Republican lawmakers have cast bans with some exceptions that begin after 12 weeks, toward the end of the first trimester, as something of a middle ground. And from Nebraska to South Carolina, there have indeed been lawmakers who said they could not back a six-week ban but indicated that they were more comfortable with 12 weeks, even as such proposals have drawn condemnation from some in local business and medical communities.In North Carolina, Gov. Roy Cooper, a Democrat, vetoed the 12-week ban. He and other abortion rights supporters warned that the measure would interfere with critical medical decisions and create dangerous barriers for women seeking abortions.But Republicans, who recently gained narrow veto-proof majorities in North Carolina, quickly sought to override Mr. Cooper’s move. The effort forced some of their members into contortions.Republicans in North Carolina overrode Gov. Roy Cooper’s veto of a 12-week abortion ban.Kate Medley for The New York TimesState Representative Ted Davis Jr., a Republican, indicated during his campaign last year that he backed the state’s law allowing abortions up to 20 weeks of pregnancy. When the state legislature took up the 12-week measure, he skipped the vote.But citing factors including loyalty to his caucus, frustration with the other side and constituents who, he said, seemed split on the veto override, he ultimately joined fellow Republicans to override the veto, helping to ensure that the more restrictive measure prevailed.Still, he tried to draw a distinction between the two votes.“What concerns me is what’s going to happen in the future as far as access to abortion,” he said. “Are Republicans now going to try to restrict it even further?”Other lawmakers have sought to punish women who seek abortions, or those who help them. Some Republican lawmakers in South Carolina moved — unsuccessfully — to treat abortion at any stage of pregnancy as homicide, which can carry the death penalty.That measure would have given “more rights to a rapist than a woman who’s been raped,” said Representative Nancy Mace, a South Carolina Republican who flipped a seat from a Democrat in 2020. “That’s where the conversation has gone.”Abortion-rights supporters protesting outside the Supreme Court last June on the day Roe was overturned.Shuran Huang for The New York Times“They listen to some of the extreme voices, and they operate and vote and legislate out of fear,” she said. “They’re not hearing from the rest of the electorate, the 95 percent of the folks who vote in elections. They’re hearing from the 5 percent who say, ‘You’re not Republican if you don’t want to ban abortions with no exceptions.’”Even in her conservative state, there were pockets of Republican resistance to efforts to pass a near-total abortion ban. A six-week ban passed the legislature but is now tied up in court.“I probably will draw a primary challenger,” conceded State Senator Katrina Shealy, who opposed that measure, with its many requirements for women seeking abortions. She has already been censured by a local Republican county party.Some on the far right, she suggested, “don’t want people to wear masks. They don’t want people to get vaccines.”They believe, she said, that “they should have full rights — but don’t let women make this decision. And that’s not right.” More

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      Five Takeaways From Trump’s Unruly CNN Town Hall

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      Donald Trump is still Donald Trump.His 70 minutes onstage in New Hampshire served as a vivid reminder that the former president has only one speed, and that his second act mirrors his first. He is, as ever, a celebrity performance artist and, even out of office, remains the center of gravity in American politics.CNN’s decision to give him an unfiltered prime-time platform was a callback to the 2016 campaign, even as the moderator, Kaitlan Collins, persistently interjected to try to cut him off or correct him.Mr. Trump was so focused on discussing and defending himself that he barely touched on President Biden’s record — which people close to Mr. Trump want him to focus on. But he was disciplined when it came to his chief expected primary rival.Here are five takeaways.Trump won’t let go of his lies about 2020 or Jan. 6If viewers were expecting Mr. Trump to have moved on from his falsehood that the 2020 election was stolen from him, he demonstrated once again, right out of the gate, that he very much hasn’t.The first questions asked by Ms. Collins were about Mr. Trump’s refusal to accept his loss in 2020, and his false claims of fraud.“I think that, when you look at that result and when you look at what happened during that election, unless you’re a very stupid person, you see what happens,” Mr. Trump said, calling the election he lost “rigged.”Mr. Trump later said he was “inclined” to pardon “many” of the rioters arrested on Jan. 6, 2021, after the attack on the Capitol by a pro-Trump mob during certification of President Biden’s Electoral College win. His avoidance of an unequivocal promise pleased people close to him.He also came armed with a list of his own Twitter posts and statements from that day — an idea that was his, a person familiar with the planning said. He lied about his inaction that day as Ms. Collins pressed him about what he was doing during the hours of violence. And he said he did not owe Vice President Mike Pence, whose life was threatened by the mob, an apology.As time has worn on, Mr. Trump has increasingly wrapped his arms around what took place at the Capitol and incorporated it into his campaign. Wednesday night was no exception.“A beautiful day,” he said of Jan. 6.It was a reminder that embracing the deadly violence of that day — at least for Republicans — is no longer seen as disqualifying. Privately, Mr. Trump’s team said they were happy with how he handled the extensive time spent on the postelection period during the town hall.The G.O.P. audience stacked the deck, but revealed where the base isThe audience’s regular interruptions on behalf of Mr. Trump were like a laugh track on a sitcom. It built momentum for him in the room — and onscreen for the television audience — and stifled Ms. Collins as she repeatedly tried to interrupt him with facts and correctives.No matter how vulgar, profane or politically incorrect Mr. Trump was, the Republican crowd in New Hampshire audibly ate up the shtick of the decades-long showman.He would pardon a “large portion” of Jan. 6 rioters. Applause.He mocked the detailed accusations of rape from E. Jean Carroll as made up “hanky-panky in a dressing room.” Laughter. No matter that a New York jury held him liable for sexual abuse and defamation this week, awarding Ms. Carroll $5 million in damages.Calling Ms. Carroll a “wack job.” Applause and laughs.Flip-flopping on using the debt ceiling for leverage, because “I’m not president.” More laughs.The cheers revealed the current psyche of the Republican base, which is eager for confrontation: with the press, with Democrats, with anyone standing in the way of Republicans taking power.It made for tough sledding for Ms. Collins, who was like an athlete playing an away game on hostile turf: She had to battle the crowd and the candidate simultaneously.“You’re a nasty person,” Mr. Trump said to her at one point, echoing the line he used against Hillary Clinton in 2016.The town-hall format felt like a set piece for Mr. Trump that he leveraged to cast himself as both the putative Republican incumbent — “Mister president,” he was repeatedly addressed as — and the outsider, recreating conditions from his two previous campaigns.Republicans cheered, but so did Democrats looking to the general electionPresident Biden’s team had changed the televisions on Air Force One from CNN to MSNBC as he returned from New York on Wednesday evening. But that didn’t mean his political team was not eagerly watching the town hall unfold, and cheering along with the Republican audience.Mr. Trump defended Jan. 6 as a “beautiful day.” He hailed the overturning of Roe v. Wade as a “great victory.” He wouldn’t say if he hoped Ukraine would win the war against Russia. He talked again about how the rich and famous get their way. “Women let you,” he said. And he refused to rule out reimposing one of the most incendiary and divisive policies of his term in office: purposefully separating families at the border.Mr. Trump’s answers played well in the hall but could all find their way into Democratic messaging in the next 18 months.Late Wednesday, the Biden campaign was already figuring out what segments could be turned quickly into digital ads, seeing Mr. Trump staking out positions that would turn off the kind of swing voters that Mr. Biden won in 2020.Shortly after the event ended, Mr. Biden issued a tweet. “Do you want four more years of that?” it read. It was a request for donations. It was also a reminder how much of the Biden 2024 campaign is likely to be about Mr. Trump.Trump aggressively dodged taking a stance on a federal abortion banMr. Trump is perhaps the single Republican most responsible for the Supreme Court’s decision to overturn Roe v. Wade last year. He appointed three of the court’s justices who powered the majority opinion. But he has privately blamed abortion politics for Republican underperformance in the 2022 midterms and has treaded carefully in the early months of his 2024 run.Before the town hall, his team spent considerable time honing his answer to a question they knew he would be asked: Would he support a federal ban, and at how many weeks?His repeated dodges and euphemisms were hard to miss on Wednesday.“Getting rid of Roe v. Wade was an incredible thing for pro-life,” he began.That was about as specific as he would get. He said he was “honored to have done what I did” — a line Democrats had quickly flagged as potential fodder for future ads — and that it was a “great victory.”Mr. Trump’s Republican rival, Gov. Ron DeSantis, recently signed a six-week abortion ban in Florida, getting to Mr. Trump’s right on an issue that could resonate with evangelical voters. Mr. Trump did not even mention Mr. DeSantis until more than an hour into the event, and only after prodding from a voter. “I think he ought to relax and take it easy and think about the future,” Mr. Trump urged.In refusing to say if he would sign a federal ban, Mr. Trump tried to cast Democrats as radical and pledged that he supported exemptions for rape, incest and the life of the mother. “What I’ll do is negotiate so people are happy,” he said.“I just want to give you one more chance,” Ms. Collins pressed.He dodged one final time. “Make a deal that’s going to be good,” he said.He deepened his legal jeopardy with comments on investigationsThe most heated exchange that Mr. Trump had with Ms. Collins was over the special counsel investigation into his possession of hundreds of presidential records, including more than 300 individual classified documents, at his private club, Mar-a-Lago, after he left office.And it was the area in which he walked himself into the biggest problems.“I was there and I took what I took and it gets declassified,” said Mr. Trump, who has maintained, despite contradictions from his own former officials, that he had a standing order automatically declassifying documents that left the Oval Office and went to the president’s residence.“I had every right to do it, I didn’t make a secret of it. You know, the boxes were stationed outside the White House, people were taking pictures of it,” Mr. Trump said, intimating that people were somehow aware that presidential material and classified documents were in them (they were not).In what will be of great interest to the special counsel, Jack Smith, Mr. Trump would not definitively rule out whether he showed classified material to people, something investigators have queried witnesses about, in particular in connection with a map with sensitive intelligence.“Not really,” he hedged, adding, “I would have the right to.” At another point he declared, “I have the right to do whatever I want with them.”He also defended himself for a call he had with Georgia’s secretary of state in which he said he was trying to “find” enough votes to win. “I didn’t ask him to find anything,” Mr. Trump said.There are few issues that worry the Trump team and the former president as much as the documents investigation, and Mr. Trump wore that on his face and in his words on the stage in New Hampshire. More

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      Release of Justice Stevens’s Private Papers Opens Window Into Supreme Court

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      Justice John Paul Stevens’s files on thousands of cases, including landmark decisions on abortion and the 2000 election, have been made public, opening a window on the Supreme Court.WASHINGTON — In June 1992, less than two weeks before the Supreme Court reaffirmed the constitutional right to abortion established in Roe v. Wade, Justice Anthony M. Kennedy sent a colleague some “late-night musings.”“Roe was, at the least, a very close case,” Justice Kennedy wrote in the three-page memorandum, which included reflections on the power of precedent, the court’s legitimacy and the best way to address a cutting dissent.The document is part of an enormous trove of the private papers of Justice John Paul Stevens released on Tuesday by the Library of Congress. They provide a panoramic inside look at the justices at work on thousands of cases, including Bush v. Gore and the 1992 abortion case, Planned Parenthood v. Casey.The papers are studded with candid and occasionally caustic remarks, sometimes echoing current concerns about the court’s power and authority.In the Casey decision, Justice Kennedy joined a controlling opinion with Justices Sandra Day O’Connor and David H. Souter that saved the core of the constitutional right to abortion established in Roe in 1973.In June, the current Supreme Court overturned Roe and Casey after considering questions about precedent and the court’s legitimacy, coming to the opposite conclusion from Justice Kennedy.There are other echoes of recent events in the papers of Justice Stevens, who served on the court for 35 years, retired in 2010 and died in 2019, at 99.There was, for instance, an apparent leak, one that prompted Chief Justice William H. Rehnquist to write a stern note to all of the law clerks on June 10, 1992. The current issue of Newsweek, the chief justice wrote, “contains a purported account of what is happening inside the court in the case of Planned Parenthood v. Casey.”The article, attributing its information to “sources” and “clerks,” said that “at least three of the nine justices are planning to draft opinions in Casey” and predicted, correctly, that the decision would be released on June 29.Chief Justice Rehnquist admonished the clerks to follow a rule in the court’s code of conduct, which said, “There should be as little communication as possible between the clerk and representatives of the press.” He added, underlining the last three words: “In the case of any matter pending before the court, the least possible communication is none at all.”Researchers will be studying the Stevens papers for decades, and only small glimpses were possible in a day’s scrutiny of a selection of them. But those glimpses made clear that the current turmoil at the court has historical analogues.In 2000, for instance, when the court handed the presidency to George W. Bush in Bush v. Gore by a 5-to-4 vote, members of the majority wrote scathing private memos protesting what they called unduly harsh language in the dissents.Justice Stevens’s dissent ended this way: “Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.”In a memo to his colleagues on Dec. 12, 2000, the day the decision was issued, Justice Kennedy, who had voted with the majority, appeared wounded.“The tone of the dissents is disturbing both on an institutional and personal level,” he wrote. “I have agonized over this and made my best judgment.”He added, “The dissents, permit me to say, in effect try to coerce the majority by trashing the court themselves, thereby making their dire, and I think unjustified, predictions a self-fulfilling prophecy.”Justice Antonin Scalia, who had also voted with the majority, said he was “the last person to complain that dissents should not be thorough and hard hitting.”But he said he could not “help but observe that those of my colleagues who were protesting so vigorously that the court’s judgment today will do irreparable harm have spared no pains — in a veritable blizzard of separate dissents — to assist that result.”At an earlier stage of the case, Justice Stephen G. Breyer, who dissented in Bush v. Gore, urged his colleagues to stay away from the dispute, recalling the role that Supreme Court justices had played on a commission created to resolve the contested presidential election of 1876.“Rather than the court lending the process legitimacy, the process damaged the legitimacy of the court,” Justice Breyer wrote. “I doubt very much that our intervention would assure anyone that the process had worked more fairly. Rather, I fear that history could repeat itself, were we to intervene now.”In statements after the Supreme Court’s recent abortion decision, Dobbs v. Jackson Women’s Health Organization, Justice Samuel A. Alito Jr. has said that attacks on the court’s legitimacy, as opposed to its reasoning, should be out of bounds.In the 1992 memo containing his “late-night musings,” which was addressed to Justice Souter and copied to Justices O’Connor and Stevens, Justice Kennedy also reflected on the court’s legitimacy in the context of abortion.He appeared troubled by aspects of Chief Justice Rehnquist’s dissent, which said public opinion should not affect the court’s work.“You can fend off the chief,” Justice Kennedy told Justice Souter, “by stating that we are not concerned with preserving our legitimacy for our own sake but for the sake of the Constitution. Thus, when we speak of the principled character of our decisions, we mean that they are informed by precedent, logic and the traditions of our people, all with reference to our constitutional heritage.”“We must be clear,” he went on, “that we are not guided by expediency, contemporary attitudes or our own morality.”The newly released files cover the years up to 2005, when Chief Justice John G. Roberts Jr. joined the Supreme Court. They are filled with notes in Justice Stevens’s not always legible scrawl, marked-up briefs, draft opinions, vote tallies, memos among the justices, recommendations from clerks and all manner of other paperwork.Before the new release, the most recent set of Supreme Court papers was from the files of Justice Harry A. Blackmun, who served through 1994 and died in 1999.The only current member of the court featured in the new files is Justice Clarence Thomas. The remaining parts of Justice Stevens’s papers are scheduled to be released in 2030.Kitty Bennett More

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      Anti-Abortion Group Urges Trump to Endorse a National Ban

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      Susan B. Anthony Pro-Life America, seeking a ban after 15 weeks of pregnancy, threatened to campaign against any candidate who does not support the proposal.Susan B. Anthony Pro-Life America, a prominent anti-abortion political group, threatened on Thursday to campaign against Donald J. Trump unless he endorsed a national ban on abortions after 15 weeks of pregnancy, a bold challenge that exposed the rift between the former president and some of his onetime allies.The group’s statement was a line in the sand for all conservative 2024 hopefuls. “We will oppose any presidential candidate who refuses to embrace at a minimum a 15-week national standard to stop painful late-term abortions while allowing states to enact further protections,” said Marjorie Dannenfelser, president of SBA Pro-Life America.Mr. Trump has been unwilling to wade into abortion battles after the Supreme Court overturned Roe v. Wade last year and ended federal protections, thanks largely to a majority of conservative justices he helped muscle through as president. Last year, Senator Lindsey Graham of South Carolina introduced legislation for a federal ban on abortions after 15 weeks, an idea that split Republicans.Democrats campaigned on abortion rights in the 2022 midterms, and Republicans had another disappointing cycle. Mr. Trump blamed anti-abortion activists for Republican losses, saying they “could have fought much harder.” Others have attributed the party’s disappointing showing to Mr. Trump’s insistence on making election fraud a top issue for candidates.Ms. Dannenfelser’s statement on Thursday was a response to a Washington Post article about the abortion issue in which Mr. Trump’s campaign did not directly address whether he supported an abortion ban after six weeks of pregnancy, which was the limit that Gov. Ron DeSantis of Florida, who is preparing his own Republican presidential bid, recently signed into law in the state.Instead, Mr. Trump’s campaign issued a statement saying abortion “is an issue that should be decided at the state level.”Mr. Trump was mostly muted about the ruling to overturn Roe v. Wade when it happened. In an interview with The New York Times last year, Mr. Trump downplayed his central role in paving the way for the decision’s reversal.“I never like to take credit for anything,” said Mr. Trump, whose name is affixed to most of his businesses and properties.In a statement, Mr. Trump’s campaign said he was “the most pro-life president in American history, as pro-life leaders have stated emphatically on repeated occasions.”It added: “Even though much work remains to be done to defend the cause of life, President Trump believes it is in the states where the greatest advances can now take place to protect the unborn.”In her statement, Ms. Dannenfelser said “President Trump’s assertion that the Supreme Court returned the issue of abortion solely to the states is a completely inaccurate reading of the Dobbs decision and is a morally indefensible position for a self-proclaimed pro-life presidential candidate to hold.”A Gallup survey last year found that the share of Americans identifying as “pro-choice” had jumped to 55 percent after hovering between 45 percent and 50 percent for a decade. That sentiment was “the highest Gallup has measured since 1995,” while the 39 percent who identified as “pro-life” was “the lowest since 1996,” the polling firm said. More

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      Where the Likely 2024 Presidential Contenders Stand on Abortion

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      Not quite a year after the Supreme Court overturned Roe v. Wade, abortion continues to be one of the main issues shaping American politics.Abortion is not fading as a driving issue in America, coming up again and again everywhere policy is decided: in legislatures, courts, the Oval Office and voting booths.An 11-point liberal victory in a pivotal Wisconsin Supreme Court race last week was fueled by the issue. Days later, a Texas judge invalidated the Food and Drug Administration’s 23-year-old approval of the abortion drug mifepristone (late Wednesday, an appeals court partly stayed the ruling but imposed some restrictions). And Florida, under Gov. Ron DeSantis, a likely Republican presidential candidate, is poised to ban abortion after six weeks’ gestation.The fallout from the Supreme Court’s revocation of a constitutional right to abortion last year looks poised to be a major issue in the upcoming presidential race. So where do the likely candidates stand?Here is what some of the most prominent contenders, declared and likely, have said and done:Anti-abortion protesters rallying in Indiana last July while lawmakers there debated an abortion ban during a special session.Kaiti Sullivan for The New York TimesPresident BidenPresident Biden condemned the ruling invalidating the approval of mifepristone, which his administration is appealing, and called it “another unprecedented step in taking away basic freedoms from women and putting their health at risk.”Mr. Biden has a complicated history with abortion; before his 2020 presidential campaign, he supported restrictions, including the Hyde Amendment, which prohibits federal funding for most abortions. But he has since spoken more forcefully in defense of unfettered access, including endorsing congressional codification of the rights Roe v. Wade used to protect.White House officials have said he is not willing to disregard the mifepristone ruling, as some abortion-rights activists have urged.Mr. Biden has said he is planning to run in 2024, but has not formally declared his candidacy.Donald J. TrumpMore than perhaps any other Republican, former President Donald J. Trump is responsible for the current state of abortion access: He appointed three of the six Supreme Court justices who overturned Roe v. Wade and the district judge who invalidated the approval of mifepristone. But lately, he has been loath to talk about it.Last year, Mr. Trump privately expressed concern that the ruling overturning Roe would hurt Republicans — and it did, both in the midterms and in the Wisconsin Supreme Court election.If elected again, he would be under tremendous pressure from the social conservatives who have fueled the Republican Party for decades — and who helped elect him in 2016 — to support a national ban. He has not said whether he would do so.Ron DeSantisGov. Ron DeSantis of Florida, whom polls show as the top potential Republican competitor to Mr. Trump, is pushing forward with the Florida Legislature to ban most abortions after six weeks. The bill passed on Thursday and was sent to Mr. DeSantis’s desk. Polls show that most Americans, including Floridians, oppose six-week bans.It is a more aggressive posture than he took last year, when Florida enacted a ban after 15 weeks and Mr. DeSantis — facing re-election in November — did not commit to going further. He made his move after winning re-election by a sweeping margin.Nikki HaleyAt a campaign event in Iowa this week, Nikki Haley, a former governor of South Carolina and former United Nations ambassador, gestured away from anti-abortion absolutism — saying that she did not “want unelected judges deciding something this personal.”But her comments were muddled: She said she wanted to leave the issue to the states, but at the same time suggested that she would be open to a federal ban if she thought there was momentum for one.“This is about saving as many babies as we can,” she said, while adding that she did not want to play the “game” of specifying when in pregnancy she believed abortion should be allowed.Asa HutchinsonSince starting his presidential campaign this month, former Gov. Asa Hutchinson of Arkansas has said only that he is “proud to stand squarely on my pro-life position” when it comes to abortion.He has not detailed what, if any, federal legislation he would support.Last year, Mr. Hutchinson criticized the lack of an exception for rape and incest in an Arkansas abortion ban he had signed. When he signed it, he said that he wanted the exception but legislators didn’t, and that he accepted their judgment as the will of voters — though a poll last year found that more than 70 percent of Arkansans supported such an exception.Mike PenceA staunch social conservative, former Vice President Mike Pence has been more open than most Republicans about continuing to advertise his opposition to abortion.“Life won again today,” he said in a statement on the mifepristone ruling. “When it approved chemical abortions on demand, the F.D.A. acted carelessly and with blatant disregard for human life.” Last year, Mr. Pence said anti-abortion activists “must not rest” until abortion was outlawed nationwide. Mr. Pence is considering a 2024 run, but has not formally joined the race.Tim ScottSenator Tim Scott of South Carolina repeatedly dodged questions about whether he supported federal restrictions on abortion in the days after announcing a presidential exploratory committee this week.Asked in an interview with CBS News whether he supported a 15-week ban, he called himself “100 percent pro-life.” When the interviewer suggested that his stance indicated he would support a 15-week ban, he replied, “That’s not what I said.”On Thursday, he told WMUR, a New Hampshire news station, that he would support a 20-week ban, but still did not say whether he would back something stricter. More

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      The Abortion Ban Backlash Is Starting to Freak Out Republicans

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      After the Republican Party’s disappointing performance in the 2022 midterms, fueled in large part by a backlash to the Supreme Court’s overturning of Roe v. Wade, the Republican National Committee recommitted itself to anti-abortion maximalism.A resolution adopted at the R.N.C.’s winter meeting in January urges Republican lawmakers “to pass the strongest pro-life legislation possible.” Addressing their party’s poor showing in November, it said that Republicans hadn’t been aggressive enough in defending anti-abortion values, urging them to “go on offense in the 2024 election cycle.”The 11-point loss of the Republican-aligned candidate in Wisconsin’s Supreme Court election on Tuesday has influential conservatives rethinking this strategy. “Republicans had better get their abortion position straight, and more in line with where voters are, or they will face another disappointment in 2024,” said a Wall Street Journal editorial.Ann Coulter tweeted, “The demand for anti-abortion legislation just cost Republicans another crucial race,” and added, “Please stop pushing strict limits on abortion, or there will be no Republicans left.” Jon Schweppe, policy director of the socially conservative American Principles Project, lamented, “We are getting killed by indie voters who think we support full bans with no exceptions.”But having made the criminalization of abortion a central axis of their political project for decades, Republicans have no obvious way out of their electoral predicament. A decisive majority of Americans — 64 percent, according to a recent Public Religion Research Institute survey — believe that abortion should be legal in most cases. A decisive majority of Republicans — 63 percent, according to the same survey — believe that it should not. When abortion bans were merely theoretical, anti-abortion passion was often a boon to Republicans, powering the grass-roots organizing of the religious right. Now that the end of Roe has awakened a previously complacent pro-choice majority, anti-abortion passion has become a liability, but the Republican Party can’t jettison it without tearing itself apart.The reason voters think Republicans support full abortion bans, as Schweppe wrote, is that many of them do.In the last Congress, 167 House Republicans co-sponsored the Life at Conception Act, conferring full personhood rights on fertilized eggs. In state after state, lawmakers are doing just what the R.N.C. suggested and using every means at their disposal to force people to continue unwanted or unviable pregnancies. Idaho, where almost all abortions are illegal, just passed an “abortion trafficking” law that would make helping a minor leave the state to get an abortion without parental consent punishable by five years in prison. The Texas Senate just passed a bill that, among other things, is intended to force prosecutors in left-leaning cities to pursue abortion law violations. South Carolina Republicans have proposed a law defining abortion as murder, making it punishable by the death penalty.In Florida, which already has a 15-week abortion ban, Gov. Ron DeSantis is expected to soon sign a law banning almost all abortions at six weeks. This isn’t something Florida voters want — polls show a majority of them support abortion rights — but it’s a virtual prerequisite for his likely presidential campaign.Republican attempts to moderate abortion prohibitions even slightly have, for the most part, gone nowhere. Last year, the Idaho’s Republican Party defeated an amendment to the party’s platform allowing for an exception to the state’s abortion ban to save a woman’s life. In the weeks before the Wisconsin election on Tuesday, Republican lawmakers introduced a bill providing some narrow exceptions to the state’s abortion prohibition for cases of rape, incest and grave threats to a pregnant person’s health, but they lacked the votes in their own party to pass it.It’s true that this week Tennessee’s Legislature passed a bill permitting abortion to save a patient’s life or prevent “serious risk of substantial and irreversible impairment of a major bodily function.” But the legislation is meaningless to the point of perversity, since it places the burden of proof on doctors rather than on the state, so that they must still fear prosecution for treating pregnant people in severe medical distress. Language that would allow women to end “medically futile pregnancies” was stripped out.It’s not surprising that voters have reacted with revulsion to being stripped of rights they’d long taken for granted, and to seeing the health of pregnant women treated so cavalierly. But the backlash seems to have caught Republicans off guard. Last May, when the Supreme Court’s draft decision in Dobbs v. Jackson Women’s Health Organization leaked, Coulter assured her readers that the end of Roe wouldn’t help Democrats. “Outside of the media, no one seems especially bothered by the decision,” she wrote.Part of what happened here is that conservatives fell for their own propaganda about representing “normal” Americans. (This, incidentally, is the same reason many on the right can’t admit to themselves that Donald Trump lost in 2020.) Coulter was sure Americans would be turned off by those outraged by the end of Roe, writing, “Everybody hates the feminists.” When a poll last year showed that 55 percent of Americans identified as pro-choice, a piece in National Review told readers not to worry: “Many of our policy goals enjoy strong public support.”Untethered to actual Republican voters, Coulter was able to pivot, but the Republican Party cannot. Instead, its leaders are adopting a self-soothing tactic sometimes seen on the left, insisting they’re being defeated because they’ve failed to make their values clear, not because their values are unpopular. “When you’re losing by 10 points, there is a messaging issue,” the Republican Party chairwoman, Ronna McDaniel, said on Fox News, explaining the loss in Wisconsin.But you can’t message away forced birth. Republicans’ political problem is twofold. Their supporters take the party’s position on abortion seriously, and now, post-Roe, so does everyone else.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Seeking Evangelicals’ Support Again, Trump Confronts a Changed Religious Landscape

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      Evangelicals were wooed by Donald Trump’s promise of an anti-abortion Supreme Court. Now, they’re back playing the field.On a recent Sunday morning at Elmbrook Church, a nondenominational evangelical megachurch in Brookfield, Wis., Jerry Wilson considered the far-off matter of his vote in 2024.“It’s going to be a Republican,” he said, “but I don’t know who.”In 2016 and 2020 he had voted for Donald J. Trump. “He did accomplish a lot for Christians, for evangelicals,” Mr. Wilson, 64, said. But “he’s got a lot of negative attributes, and they make you pause and think, you know? I’d like to see what the other candidates have to offer.”White evangelical voters were central to Mr. Trump’s first election, and he remains overwhelmingly popular among them. But a Monmouth University poll in late January and early February found Ron DeSantis, the Republican governor of Florida who has not declared his candidacy for president but appears to be Mr. Trump’s most formidable early rival, leading Mr. Trump by 7 percentage points among self-identified evangelical Republican voters in a head-to-head contest.It was an early sign that as he makes a bid for a return to office, Mr. Trump must reckon with a base that has changed since his election in 2016 — and because of it.Some of the changes clearly benefit Mr. Trump, but others may have weakened his hold on evangelical voters and the prominent evangelical pastors who are often seen as power brokers in Republican politics.The Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision in June, which overturned the constitutional right to an abortion, has shifted much of the fight to further roll back abortion rights — the near-singular political aim of conservative evangelicals for more than four decades — to the state level. Last year, Mr. Trump disparaged Republican candidates for focusing too much on the “abortion issue,” a statement that was viewed as a betrayal by some evangelicals on the right and an invitation to seek other options.Conservative evangelical politics have both expanded and moved sharply rightward, animated by a new slate of issues like opposition to race and history curriculums in schools and L.G.B.T.Q. rights, and shaped by the Covid-19 lockdowns of 2020 and 2021, which some pastors rallied against as a grave affront to religious freedom. These are areas where Mr. DeSantis has aggressively staked his claim.Who’s Running for President in 2024?Card 1 of 7The race begins. More