
Report gives inside look at decision to overturn Roe v. Wade
Clip: 12/15/2023 | 4m 40sVideo has Closed Captions
Report gives an inside look at how the Supreme Court overturned Roe v. Wade
The Supreme Court decision overturning Roe v. Wade upended the landscape of reproductive rights and made it a central issue in some elections. A story from The New York Times explains some of the internal dynamics of the court, from how the justices decided to hear the case, to how the decision was drafted and when it was ultimately handed down. Geoff Bennett discussed the report with Jodi Kantor.
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Report gives inside look at decision to overturn Roe v. Wade
Clip: 12/15/2023 | 4m 40sVideo has Closed Captions
The Supreme Court decision overturning Roe v. Wade upended the landscape of reproductive rights and made it a central issue in some elections. A story from The New York Times explains some of the internal dynamics of the court, from how the justices decided to hear the case, to how the decision was drafted and when it was ultimately handed down. Geoff Bennett discussed the report with Jodi Kantor.
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Learn Moreabout PBS online sponsorshipnearly 18 months ago upended the American# landscape of reproductive rights.
State## laws popped up restricting abortion access.# The issue became central to some elections.
And we have heard many stories# of confusion from patients and## doctors trying to understand the new limits.
GEOFF BENNETT: A new story from The# New York Times exp internal dynamics of the court, from# how the justices decided case to how the decision was drafted# and when it was ultimately handed down.
Jodi Kantor is one of the authors# of that report and she joins us now.
Thank you for being with us.
Jodi, many of the justic who was picked by Donald Trump# in part to help overturn Roe,## according to your reporting, initially# opposed even hearing the case?
What changed?
JODI KANTOR, The New York Times: When Adam Liptak# and I were reporting the story, that was one of## the big surprises, because, of course, she# did eventually v But voting whether to take the case# or not is a different matter.
And,## initially, what she said was that she# wanted to vote to grant to hear the case,## but that she had timing reservations, that# she didn't want to hear the case that term,## which some of her conservative# colleagues were pushing to do.
And then, months later, she actually ended up# changing her vote from a grant it didn't make a substantive difference.
You# only need four votes, which Justice Alito had## to move the case forward.
But it meant that# the case moved forward with a bare minimum## of the court, only four votes.
And, by# the way, those were all male justices.
GEOFF BENNETT: There's another# detail in your reporting,## that the justices initially voted in# Januar This was months before they publicly# announced that they would hear it.
And## you report that it was Justice Brett# Kavanaugh who pushed for a delay to## create the appearance of distance from# Justice Ruth Bader Ginsburg's death.
Why did he think that was important?
JODI KANTOR: So one of the things# that he ci watch some other abortion cases# play out in the lower courts.
But it's really the effect that's so# interesting.
It pushes the case to the## next term.
And also it creates this# appearance of distance from Justice## Ginsburg's death.
The court has the vote to# grant.
The case is clearly moving forward.## And yet they essentially withhold the# decision from the public for months.
GEOFF BENNETT: And once Justice Samuel# Alito wrote that draft of his opinion## and sent it to his colleagues, you# report that the other conservative## justices quickly signed onto it# without requesting any changes.
And that was Alito's way, reportedly, of trying to# safeguard a coalition around overturning Roe.
How and why did the leak of his opinion to Politico# in May of 2022, how did that cement the ruling?
JODI KANTOR: So, one of our discoveries is that## there were really extensive attempts# to craft compromises.
We don't know if## they would have worked.
We don't know# what prospect they had at succeeding.
But Chief Justice John Roberts, Justice# Stephen Breyer, the first thing they## did is they tried to stop the case from# being heard.
Then, when it went forward,## Justice Roberts -- and this is public.
He's# described this in oral arguments and in his## opinion -- he had a kind of 15-week compromise,# where he wanted to uphold the Mississippi law,## which restricted abortion to 15 weeks,# but he didn't want to overturn all of Roe.
And he was all -- even though that# was a very lonely position this court,## he only needed one more vote to make that# happen.
And, in fact, Justice Stephen## Breyer was considering joining him in that# position.
That would have been just symbolic.
But if, say, Justice Brett Kavanaugh had# joined that position as well, the entire## outcome would have been different.
And so the# leak came just as those efforts were under way,## and it rendered them hopeless.
Justices' votes# are secret for a reason, because they want room## to change their minds, which sometimes they# do, before the official opinion comes out.
And in this case, because# everything became so public,## it really cemented the results and locked them# in.
So we don't know but we can say what the effect was, which# was to really lock in the final result.
GEOFF BENNETT: Pulitzer Prize-winning# journalist Jodi Kantor of The New York## Times, thanks for sharing your reporting with us.
JODI KANTOR: Thank you.
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