A draft Supreme Court opinion has never been disclosed publicly. Media observers were quick to question whether Politico should have run with it. Email not displaying correctly?
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** Why Politico’s big Roe v. Wade scoop is unprecedented
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The U.S. Supreme Court in April 2021. (Erin Schaff/The New York Times via AP, Pool, File)

On Monday evening, Politico’s Josh Gerstein and Alexander Ward published a major scoop: “Supreme Court has voted to overturn abortion rights, draft opinion shows.” ([link removed])

Gerstein and Ward wrote, “The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.”

According to the document, labeled “Opinion of the Court,” obtained by Politico, Alito wrote, “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

Gerstein and Ward go on to write, “Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months.”

The Politico writers added, “No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.”

Because such a draft becoming public is so rare — the Politico story called it an “extraordinary window into the justices’ deliberations in one of the most consequential cases before the court in the last five decades” — media observers were quick to at least question its authenticity and whether Politico should have run with it.

Politico editor-in-chief Matt Kaminski and executive editor Dafna Linzer sent a note to staff Monday night that said, “Team, just now on our site, we’ve published a story, along with an accompanying sidebar and document, on a draft Supreme Court opinion that would overturn Roe v Wade. After an extensive review process, we are confident in the authenticity of the draft. This unprecedented view into the justices’ deliberations is plainly news of great public interest. We take our responsibilities to our readers and our publication with the greatest seriousness. Our obligation, as protected by the First Amendment, is to report the news and inform our audience. Our journalism speaks for itself, and that’s not different here.”

How big of a deal is this?

In a sidebar story for Politico ([link removed]) , Gerstein wrote, “The disclosure of a draft opinion in a Supreme Court case is a highly unusual occurrence. Supreme Court historians, former law clerks and other court watchers say they cannot recall a previous instance before Monday’s publication of a draft opinion in the Mississippi abortion rights case. However, in a handful of cases, hints about deliberations have slipped out publicly, including in Roe v. Wade, the landmark abortion-rights precedent that the justices now appear to be on the verge of abandoning.”

CNN chief legal analyst Jeffrey Toobin, on air, told CNN’s Anderson Cooper ([link removed]) , “There has never been a leak (of) anything like this. There has never been a leak of a vote, much less an actual opinion, much less in a case of this significance. It’s really going to be an interesting question … what this means for the institution of the Supreme Court, what it means for the respect that the justices and the court’s decisions are held. The idea that a decision of this magnitude could lead is really a shattering experience for the justices and the court. And I really don’t know how the institution is going to recover.”

A NOTE FROM POYNTER


** Call for Nominations: 2022 Elijah Parish Lovejoy Award
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Colby College seeks nominations for the 2022 Elijah Parish Lovejoy Award ([link removed]) for Courage in Journalism. The award recognizes:
* Integrity, without which no news organization can function in its role as public servant.
* Craftsmanship, without which no one can succeed as a journalist.
* Character, intelligence, and courage.
* Potential of the work to stimulate engaging campus conversations around important issues.

The deadline for nominations, including a statement explaining the reason for your nomination, is Friday, May 6, 2022. Details here ▸ ([link removed])


** More reaction to The New York Times investigative piece on Fox News’ Tucker Carlson
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Former Trump adviser Jared Kusher with wife, Ivanka Trump, in November 2020. (AP Photo/Patrick Semansky)

In case you missed it, be sure to check out the stunning work by New York Times reporter Nicholas Confessore in his three-part profile of Fox News prime-time host Tucker Carlson. The three parts are:
* “How Tucker Carlson Stoked White Fear to Conquer Cable.” ([link removed])
* “How Tucker Carlson Reshaped Fox News — and Became Trump’s Heir.” ([link removed])
* And an audio/video piece: “Look inside the apocalyptic worldview of ‘Tucker Carlson Tonight.’” ([link removed])

It’s incredibly detailed reporting, and remarkable insight into cable news’ biggest star and the danger he poses. Confessore’s story says Carlson’s show “may be the most racist show in the history of cable news.”

In his piece “The Times’ Tucker Carlson series is a triumph of explanatory journalism,” ([link removed]) Northeastern University professor and media observer Dan Kennedy writes, “Times reporter Nicholas Confessore has done a remarkable job of combing through Carlson’s past and present in an attempt to explain his rise from stylish but obscure magazine writer and failed television host to the most powerful force in cable. And Confessore offers partial answers, at least, to some aspects of the Carlson phenomenon.”

CNN senior writer Brian Lowry had a really smart take writing for CNN’s “Reliable Sources” newsletter: “Reading the NYT's deep dive, I can’t help thinking about the genius of Roger Ailes’ model, which, by labeling the ‘mainstream media’ as illegitimate, inoculates Fox against criticism. Carlson is thus already turning the exhaustively reported examination into a badge of honor — basically ‘I must be telling the truth if they are out to get me’ — and further ammunition against outlets like the Times. It's a force field that no amount of reporting and analysis has been able to penetrate. As the piece notes, Carlson (and indeed all of Fox) has fashioned itself as ‘his aggrieved viewers’ partner in victimhood.’ Fox has clearly concluded, with strategic justification, that slings and arrows from quadrants its viewers have been programmed not to trust will not fray that.”

Media Matters for America is a liberal nonprofit organization and media watchdog, and a frequent and harsh critic of Fox News. Still, it should be pointed out that Media Matters’ Matt Gertz wrote a scathing column ([link removed]) about Fox News in wake of the Times’ investigation.

Gertz wrote, “The takeaway for those involved with Fox — staff, guests, and companies that buy ads on the network — should be clear: You are supporting a company that prioritizes the promotion of white nationalism in the U.S.”

Gertz added, “The Murdochs, Carlson, and their colleagues are not going to stop. They’re going to keep promoting white nationalism. And everyone in business with Fox should be clear-eyed that their ongoing participation is part of the network’s strategy.”


** First day
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Monday was Chris Licht’s first official day running CNN. And he put out a rather interesting memo ([link removed]) to staff to introduce himself.

First, Licht, who replaces the popular Jeff Zucker, thanked the staff and various leadership at the network and wrote about how it was his “honor” to lead CNN.

Then he wrote about his mission. “I will look at all decisions,” he wrote, “through the lens of: Is this good for the CNN brand? And as a leader, I believe I best serve this mission by making sure the right people are in charge and by empowering them to do their jobs as effectively as possible. You can rest assured that will be my focus.”

Licht went on to say he will be a “very engaged consumer of our content, but I’m not here to get into the weeds of day-to-day editorial decision making.”

Then Licht talked about the state of media and CNN’s role, writing, “CNN must be a vital, relevant, and respected part of our culture. Sadly, too many people have lost trust in the news media. I think we can be a beacon in regaining that trust by being an organization that exemplifies the best characteristics of journalism: fearlessly speaking truth to power, challenging the status quo, questioning ‘group-think,’ and educating viewers and readers with straightforward facts and insightful commentary, while always being respectful of differing viewpoints. First and foremost, we should, and we will be advocates for the truth.”


** NBC self reports plagiarism
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NBC News put out a note to readers ([link removed]) on Monday that revealed 11 articles written for its website by the same reporter over the past year included “passages from other news organizations that were used without attribution.” In other words, plagiarism.

Several articles found on NBC News’ website include an editor’s note at the beginning that says passages that were “not properly attributed” have been removed. The Washington Post’s Erik Wemple tweeted ([link removed]) that a source at NBC told him the reporter no longer works at the network. When contacted by Wemple, the reporter had no comment “for now.”

The NBC News note said, “In all cases, the passages were not central to the stories, but instead contained supplemental or background material that did not represent original reporting.” The note also said, “Maintaining the trust of our readers and viewers is essential to NBC News, and our work must always meet the highest standards of our profession.”

Wemple tweeted ([link removed]) , “Though the note talks about the importance of trust, the note lacks the sorts of details that would help build it.”

Mediaite’s Ken Meyer wrote ([link removed]) that an NBC source told him that the improper sourcing became known during a “routine editing process detected an initial incident.” That led to a review of other articles that revealed more articles with unattributed sentences.


** Kushner’s memoir
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Former Trump adviser Jared Kusher with wife, Ivanka Trump, in November 2020. (AP Photo/Patrick Semansky)

Everyone who works in the White House has to write a book, right? Add Donald Trump’s son-in-law Jared Kushner to the list. Kushner’s book — "Breaking History: A White House Memoir” — is set to be published Aug. 9.

Kushner was more than just a son-in-law. He was considered to be one of the most influential voices in Trump’s White House. Broadside Books, which will publish the book, put out a statement that said, “His memoir is his account of the most astonishing presidential campaigns in history, the high-stakes Russia investigation and impeachment trial, and the existential crises of the COVID-19 pandemic. Kushner reveals what really happened inside the Trump White House — not to settle scores, but to give a true insider account of history.”

What really happened? Hmm, let’s reserve judgment on that until the book is out.


** Oops, he did it again
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The MyPillow Guy is the BannedAgain Guy.

Mike Lindell, the pillow guy who has made a more infamous name for himself by constantly pushing baseless and ridiculous conspiracy theories about how the 2020 presidential election was stolen from Donald Trump, has been banned from Twitter for the second time — just hours after he set up a new account to access the social media network.

Lindell was permanently banned a little more than a year ago, in January 2021, for continuing to push false claims about Trump and the 2020 election.

On Sunday, from his new account, Lindell tweeted, “Hello everybody, I'M BACK ON TWITTER. My only account is @MikeJLindell! Please RT and FOLLOW to SPREAD THE WORD.” It included a video of Lindell saying, “All those other ones are fake accounts and they've been using my name out there, so we started this account. Please share with everybody you know, let everybody you know, so we can get the word out at Twitter in case they do take it down. Thanks a lot for helping out.”

Twitter said Monday that Lindell’s new account was “permanently suspended for violating the Twitter Rules on ban evasion.”


** Media tidbits
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* Today is World Press Freedom Day. My Poynter colleague, Amaris Castillo, writes about it in, “On World Press Freedom Day, we look at a few good (and bad) changes around the globe.” ([link removed])
* For The Washington Post, Steven Pearlstein with “The flawed math behind Elon Musk’s Twitter deal.” ([link removed])
* For Reuters, Chibuike Oguh and Krystal Hu with “Musk seeks to put in less money in new Twitter deal financing — sources.” ([link removed])
* The Wall Street Journal’s Dalvin Brown with “Quitting Twitter? What People Say About Life After Social Media.” ([link removed])
* Three University of Oklahoma meteorology students were killed after returning from storm chasing. HuffPost’s Nina Golgowski has more ([link removed]) .
* The Wall Street Journal’s Byron Tau and Georgia Wells with “Grindr User Data Was Sold Through Ad Networks.” ([link removed])
* The Washington Post’s Erik Wemple with “Hannity has been burned before on his texting habit. It’s happened again.” ([link removed])
* Esquire’s Jack Holmes with “CNN Correspondent Matthew Chance Tells Us What It's Like to Be Back on the Ground in Moscow.” ([link removed])


** Hot type
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* Vanity Fair’s always-superb Evgenia Peretz with a can’t-put-down story about the “Grey’s Anatomy” writer in “Scene Stealer: The True Lies of Elisabeth Finch, Part 1.” ([link removed])
* Vice News’ Keegan Hamilton with “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention.” ([link removed])
* Good stuff right here from The New York Times. Text and photos from Luke Sharrett in “Chasing a Mighty Relic of Yesteryear: Union Pacific 4014.” ([link removed])

Have feedback or a tip? Email Poynter senior media writer Tom Jones at [email protected] (“mailto:[email protected]”) .


** More resources for journalists
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* Covering COVID-19 with Al Tompkins ([link removed]) (Daily briefing) — Poynter
* Time for a new job ([link removed]) ? Your future employer is looking for you on The Media Job Board — Powered by Poynter, Editor & Publisher and America’s Newspapers. Search now! ([link removed])
* A Journalist’s Guide to Covering Jails – Memphis ([link removed]) (In-person Seminar) July 21-22 — Apply by June 1 ([link removed]) .
* Summit for Reporters & Editors ([link removed]) (Seminar) July 7-23 — Apply by June 17 ([link removed]) .

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