as court topples · 30/06/2020  · long. the anti-abortion movement has a long pipeline of new...

1
U(D54G1D)y+?!/!$!$!z As the sun began to rise on a sweltering summer morning in Las Vegas last year, a police officer spotted Byron Williams bicy- cling along a road west of downtown. The bike did not have a light on it, so offi- cers flipped on their siren and shouted for him to stop. Mr. Williams fled through a va- cant lot and over a wall before complying with orders to drop face down in the dirt, where officers used their hands and knees to pin him down. “I can’t breathe,” he gasped. He repeated it 17 times before he later lapsed into unconsciousness and died. Eric Garner, another black man, had said the same three anguished words in 2014 after a police officer who had stopped him for sell- ing untaxed cigarettes held him in a choke- hold on a New York sidewalk. “I can’t breathe,” George Floyd pleaded in May, ap- pealing to the Minneapolis police officer who responded to reports of a phony $20 bill and planted a knee in the back of his neck until his life had slipped away. Mr. Floyd’s dying words have prompted a national outcry over law enforcement’s deadly toll on African-American people, and they have united much of the country in a sense of outrage that a police officer would not heed a man’s appeal for something as ba- sic as air. But while the cases of Mr. Garner and Mr. Floyd shocked the nation, dozens of other episodes with a remarkable common denom- inator have gone widely unacknowledged. Over the past decade, The New York Times found, at least 70 people have died in law en- forcement custody after saying the same words — “I can’t breathe.” The dead ranged in age from 19 to 65. The majority of them had In 70 Deaths in Police Custody, the Same Three Gasped Words This article is by Mike Baker, Jennifer Valentino-DeVries, Manny Fernandez and Mi- chael LaForgia. ‘No, sir.’ I can’t breathe.’ ‘OK.’ I can’t breathe!’ ‘You can breathe.’ ‘If you’re talkin’, you’re breathin’.’ Willie Ray Banks died in custody on Dec. 29, 2011. Continued on Page A12 WASHINGTON The Su- preme Court on Monday struck down a Louisiana law that could have left the state with a single abortion clinic, dashing the hopes of conservatives who were count- ing on President Trump’s appoint- ments to lead the court to sustain restrictions on abortion rights and, eventually, to overrule Roe v. Wade. Instead, conservatives suffered a setback, and from an unlikely source. Chief Justice John G. Rob- erts Jr. added his crucial fifth vote to those of the court’s four-mem- ber liberal wing, saying that re- spect for precedent compelled him to do so, even though he had voted to uphold an essentially identical Texas law in a 2016 dis- sent. In the past two weeks, the chief justice has voted with the court’s liberal wing in three major cases: on job discrimination against les- bian, gay, bisexual and transgen- der workers, on a program pro- tecting young undocumented im- migrants known as Dreamers and now on abortion. While he has on occasion disappointed his usual conservative allies, notably on the Affordable Care Act and adding a citizenship question to the census, nothing in his 15-year tenure on the court compares to the recent run of liberal votes in major cases. Conservatives reacted with fury. “Chief Justice Roberts is at it again with his political games- manship,” Senator Ted Cruz, Re- publican of Texas, said on Twitter. “This time he has sided with abor- tion extremists who care more about providing abortion-on-de- mand than protecting women’s ROBERTS IS PIVOTAL AS COURT TOPPLES ABORTION BARRIER 5-4 Decision in First Such Case With 2 Trump Picks By ADAM LIPTAK Continued on Page A18 Chief Justice John G. Roberts Jr. voted with the liberal wing. JIM YOUNG/REUTERS American officials provided a written briefing in late February to President Trump laying out their conclusion that a Russian military intelligence unit offered and paid bounties to Taliban- linked militants to kill U.S. and co- alition troops in Afghanistan, two officials familiar with the matter said. The investigation into the sus- pected Russian covert operation to incentivize such killings has fo- cused in part on an April 2019 car bombing that killed three Marines as one such potential attack, ac- cording to multiple officials famil- iar with the matter. The new information emerged as the White House tried on Mon- day to play down the intelligence assessment that Russia sought to encourage and reward killings — including reiterating a claim that Mr. Trump was never briefed about the matter and portraying the conclusion as disputed and du- bious. But that stance clashed with the disclosure by two officials that the intelligence was included months ago in Mr. Trump’s President’s Daily Brief document — a compi- lation of the government’s latest secrets and best insights about foreign policy and national securi- ty that is prepared for him to read. One of the officials said the item appeared in Mr. Trump’s brief in late February; the other cited Feb. 27, specifically. Moreover, a description of the intelligence assessment that the Russian unit had carried out the bounties plot was also seen as se- rious and solid enough to dissemi- nate more broadly across the in- telligence community in a May 4 Trump Given Brief in February About Possible Russian Bounties This article is by Charlie Savage, Eric Schmitt, Nicholas Fandos and Adam Goldman. Continued on Page A10 SACRAMENTO — Only a few weeks ago, thousands of Southern Californians were flocking to beaches, Disneyland was an- nouncing it would soon reopen and Whoopi Goldberg was laud- ing Gov. Gavin Newsom on “The View” for the state’s progress in combating the coronavirus. The worst, many in California thought, was behind them. In fact, an alarming surge in cases up and down the state was only just beginning. Over the past week California’s case count has exploded, surpass- ing 200,000 known infections, and forcing Mr. Newsom to roll back the state’s reopening in some counties. On Monday, he said the number of people hospitalized in California had risen 43 percent over the past two weeks. Los Angeles County, which has been averaging more than 2,000 new cases each day, surpassed 100,000 total cases on Monday, with the virus actively infecting one in every 140 people, according to local health officials. More than 2,800 cases were announced in the county on Monday, the most of any day during the pandemic. On Sunday, Mr. Newsom shut down the bars in a half-dozen counties, including Los Angeles County and in the Central Valley, and recommended that another eight counties voluntarily close their nightspots and gathering As Californians Eased Up, Virus Roared Back In By SHAWN HUBLER and THOMAS FULLER Continued on Page A8 NAIROBI, Kenya James Gichina started out 15 years ago as a driver shuttling travelers from the airport, worked his way up to safari guide, and with the help of some bank loans, bought two minivans of his own to ferry vacationers around. His clients were, as he is, mem- bers of Africa’s growing middle class — bankers from Nigeria, tech entrepreneurs from South Af- rica, and fellow Kenyans who could finally afford trips to enjoy their own country’s beaches and wildlife preserves. But when the coronavirus pan- demic cratered the tourist indus- try and the economy, Mr. Gichina removed the seats from his minibus and started using it to hawk eggs and vegetables. With what he now earns, he said, he can barely afford to pay rent, buy food or send his 9-year-old son to school. “We have been working hard to build better lives,” Mr. Gichina, 35, said of his colleagues in the tourist sector. Now, he said, “We have nothing.” As the coronavirus surges in many countries in Africa, it is threatening to push as many as 58 million people in the region into extreme poverty, experts at the World Bank say. But beyond the devastating consequences for the continent’s most vulnerable peo- ple, the pandemic is also whittling away at one of Africa’s signature achievements: the growth of its middle class. For the last decade, Africa’s middle class has been pivotal to the educational, political and eco- nomic development across the continent. New business owners and entrepreneurs have created jobs that, in turn, gave others a leg Crisis Threatens to Derail Africa’s Middle Class By ABDI LATIF DAHIR Lockdown rules in Nairobi, Kenya, have whittled away earnings for many in the Eastleigh section. KHADIJA FARAH FOR THE NEW YORK TIMES Continued on Page A6 Decades of Growth Are Halted as Pandemic Shakes Economies For anti-abortion activists, Monday’s Supreme Court ruling against a Louisiana law deliv- ered a stinging and surprising setback. But perhaps not for long. The anti-abortion movement has a long pipeline of new cases that, if taken up by the Supreme Court, could present a more direct challenge to Roe v. Wade, the 1973 ruling that established federal protection for abortion. As of June, there were at least 16 abortion cases before United States appeals courts, the last step before the Supreme Court, according to lawyers at Planned Parenthood Federation of Amer- ica. The Louisiana case, over a 2014 law that required doctors performing abortions to have admitting privileges at nearby hospitals, was never envisioned as a way to upend Roe v. Wade. It was one small piece of a broader strategy to restrict abor- tion through myriad state laws that put together could chip away at overall access. That political project has al- ready significantly done that in large areas of the South and the Midwest. And at least five states have only one abortion clinic each left: Mississippi, Missouri, North Dakota, South Dakota and West Virginia. The decision on Monday, the first major abortion case since President Trump shifted the court’s balance of power to the right, also showed for the first time that Justices Neil M. Gor- such and Brett M. Kavanaugh sided with the anti-abortion cause. The ruling will only further the push by social conservatives to re-elect Mr. Trump so he might have a third opportunity to nomi- nate a justice in time to rule on more significant abortion cases working their way up to the Supreme Court. Many of those laws would have a far greater reach than the Louisiana case. While legal challenges to abor- tion often take years to reach the Supreme Court, states have continued to add to the list, pass- ing dozens of new laws in recent years. This month, Tennessee passed a bill that would outlaw abortions as early as six weeks NEWS ANALYSIS Continued on Page A18 By SABRINA TAVERNISE and ELIZABETH DIAS A Victory, for Now, for Roe v. Wade Employers are convinced that remote work has a bright future. Decades of setbacks suggest otherwise. PAGE B1 BUSINESS B1-6 Telecommuting’s Rocky Past The pro-Trump subreddit broke hate speech rules, said the message board, which also banned other groups. PAGE B1 Reddit Bans ‘The_Donald’ Under an agreement with the govern- ment, Remdesivir will be sold to hospi- tals for $3,120 per treatment course for patients with private insurance. PAGE A5 TRACKING AN OUTBREAK A4-8 Prices Set for Drug in U.S. New calculations suggest that 14.6 million properties are at risk of severe flooding, far more than the 8.7 million shown on federal flood maps. PAGE A20 NATIONAL A12-21 Data Finds Higher Flood Risks The pandemic closed their showrooms, but instrument dealers across the coun- try reported robust business. PAGE C1 ARTS C1-7 Surprise Boom in Piano Sales Scientists have linked historical political instability to volcanic events, including an eruption in the Aleutian Islands and the fall of the Roman Republic. PAGE D1 SCIENCE TIMES D1-8 A Volcano’s Ripple Effect By getting Cam Newton to replace Tom Brady at quarterback, New England’s coach, Bill Belichick, again figures it all out, Ben Shpigel writes. PAGE B7 SPORTSTUESDAY B7-8 The Patriot Way: Find a Way A 24-year-old human rights worker joins a long list of those who died trying to help their country. PAGE A11 INTERNATIONAL A9-11 Quieting a Young Afghan Voice New rules and designs will aim to re- duce risks as plazas, parks and other public areas fill up again. PAGE A7 New Yorkers Need Some Space A chat with Milton Glaser, who, until his death at 91, was still thinking of how to bring his ailing city “Together.” PAGE C1 A Designer’s Unseen Project Michelle Goldberg PAGE A22 EDITORIAL, OP-ED A22-23 EATING OUT New York and New Jersey officials backed away from plans for indoor dining. PAGE A7 Late Edition VOL. CLXIX . . . No. 58,740 © 2020 The New York Times Company NEW YORK, TUESDAY, JUNE 30, 2020 Today, clouds and sun, showers or thunderstorms later, high 83. To- night, showers, thunderstorms, low 68. Tomorrow, showers, storms, high 82. Weather map, Page C8. $3.00

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Page 1: AS COURT TOPPLES · 30/06/2020  · long. The anti-abortion movement has a long pipeline of new cases that, if taken up by the Supreme Court, could present a more direct challenge

C M Y K Nxxx,2020-06-30,A,001,Bs-4C,E2

U(D54G1D)y+?!/!$!$!z

As the sun began to rise on a swelteringsummer morning in Las Vegas last year, apolice officer spotted Byron Williams bicy-cling along a road west of downtown.

The bike did not have a light on it, so offi-cers flipped on their siren and shouted forhim to stop. Mr. Williams fled through a va-cant lot and over a wall before complyingwith orders to drop face down in the dirt,where officers used their hands and knees to

pin him down. “I can’t breathe,” he gasped.He repeated it 17 times before he later lapsedinto unconsciousness and died.

Eric Garner, another black man, had saidthe same three anguished words in 2014 aftera police officer who had stopped him for sell-ing untaxed cigarettes held him in a choke-hold on a New York sidewalk. “I can’tbreathe,” George Floyd pleaded in May, ap-pealing to the Minneapolis police officer whoresponded to reports of a phony $20 bill andplanted a knee in the back of his neck until hislife had slipped away.

Mr. Floyd’s dying words have prompted anational outcry over law enforcement’s

deadly toll on African-American people, andthey have united much of the country in asense of outrage that a police officer wouldnot heed a man’s appeal for something as ba-sic as air.

But while the cases of Mr. Garner and Mr.Floyd shocked the nation, dozens of otherepisodes with a remarkable common denom-inator have gone widely unacknowledged.Over the past decade, The New York Timesfound, at least 70 people have died in law en-forcement custody after saying the samewords — “I can’t breathe.” The dead rangedin age from 19 to 65. The majority of them had

In 70 Deaths in Police Custody, the Same Three Gasped Words

This article is by Mike Baker, JenniferValentino-DeVries, Manny Fernandez and Mi-chael LaForgia.

‘No, sir.’

‘I can’t breathe.’

‘OK.’

‘I can’t breathe!’

‘You can breathe.’ ‘If you’re talkin’, you’re breathin’.’

Willie Ray Banks died in custody on Dec. 29, 2011.

Continued on Page A12

WASHINGTON — The Su-preme Court on Monday struckdown a Louisiana law that couldhave left the state with a singleabortion clinic, dashing the hopesof conservatives who were count-ing on President Trump’s appoint-ments to lead the court to sustainrestrictions on abortion rightsand, eventually, to overrule Roe v.Wade.

Instead, conservatives suffereda setback, and from an unlikelysource. Chief Justice John G. Rob-erts Jr. added his crucial fifth voteto those of the court’s four-mem-ber liberal wing, saying that re-spect for precedent compelledhim to do so, even though he hadvoted to uphold an essentiallyidentical Texas law in a 2016 dis-sent.

In the past two weeks, the chief

justice has voted with the court’sliberal wing in three major cases:on job discrimination against les-bian, gay, bisexual and transgen-der workers, on a program pro-tecting young undocumented im-migrants known as Dreamers andnow on abortion. While he has onoccasion disappointed his usualconservative allies, notably on theAffordable Care Act and adding acitizenship question to the census,nothing in his 15-year tenure onthe court compares to the recentrun of liberal votes in major cases.

Conservatives reacted withfury. “Chief Justice Roberts is at itagain with his political games-manship,” Senator Ted Cruz, Re-publican of Texas, said on Twitter.“This time he has sided with abor-tion extremists who care moreabout providing abortion-on-de-mand than protecting women’s

ROBERTS IS PIVOTAL AS COURT TOPPLESABORTION BARRIER

5-4 Decision in FirstSuch Case With 2

Trump Picks

By ADAM LIPTAK

Continued on Page A18

Chief Justice John G. RobertsJr. voted with the liberal wing.

JIM YOUNG/REUTERS

American officials provided awritten briefing in late Februaryto President Trump laying outtheir conclusion that a Russianmilitary intelligence unit offeredand paid bounties to Taliban-linked militants to kill U.S. and co-alition troops in Afghanistan, twoofficials familiar with the mattersaid.

The investigation into the sus-pected Russian covert operationto incentivize such killings has fo-cused in part on an April 2019 carbombing that killed three Marinesas one such potential attack, ac-cording to multiple officials famil-iar with the matter.

The new information emergedas the White House tried on Mon-day to play down the intelligenceassessment that Russia sought to

encourage and reward killings —including reiterating a claim thatMr. Trump was never briefedabout the matter and portrayingthe conclusion as disputed and du-bious.

But that stance clashed with thedisclosure by two officials that theintelligence was included monthsago in Mr. Trump’s President’sDaily Brief document — a compi-lation of the government’s latestsecrets and best insights aboutforeign policy and national securi-ty that is prepared for him to read.One of the officials said the itemappeared in Mr. Trump’s brief inlate February; the other citedFeb. 27, specifically.

Moreover, a description of theintelligence assessment that theRussian unit had carried out thebounties plot was also seen as se-rious and solid enough to dissemi-nate more broadly across the in-telligence community in a May 4

Trump Given Brief in FebruaryAbout Possible Russian BountiesThis article is by Charlie Savage,

Eric Schmitt, Nicholas Fandos andAdam Goldman.

Continued on Page A10

SACRAMENTO — Only a fewweeks ago, thousands of SouthernCalifornians were flocking tobeaches, Disneyland was an-nouncing it would soon reopenand Whoopi Goldberg was laud-ing Gov. Gavin Newsom on “TheView” for the state’s progress incombating the coronavirus. Theworst, many in California thought,was behind them.

In fact, an alarming surge incases up and down the state wasonly just beginning.

Over the past week California’scase count has exploded, surpass-ing 200,000 known infections, andforcing Mr. Newsom to roll backthe state’s reopening in somecounties. On Monday, he said thenumber of people hospitalized inCalifornia had risen 43 percentover the past two weeks.

Los Angeles County, which hasbeen averaging more than 2,000new cases each day, surpassed100,000 total cases on Monday,with the virus actively infectingone in every 140 people, accordingto local health officials. More than2,800 cases were announced in thecounty on Monday, the most ofany day during the pandemic.

On Sunday, Mr. Newsom shutdown the bars in a half-dozencounties, including Los AngelesCounty and in the Central Valley,and recommended that anothereight counties voluntarily closetheir nightspots and gathering

As Californians Eased Up, VirusRoared Back In

By SHAWN HUBLERand THOMAS FULLER

Continued on Page A8

NAIROBI, Kenya — JamesGichina started out 15 years agoas a driver shuttling travelersfrom the airport, worked his wayup to safari guide, and with thehelp of some bank loans, boughttwo minivans of his own to ferryvacationers around.

His clients were, as he is, mem-bers of Africa’s growing middleclass — bankers from Nigeria,tech entrepreneurs from South Af-rica, and fellow Kenyans whocould finally afford trips to enjoytheir own country’s beaches andwildlife preserves.

But when the coronavirus pan-demic cratered the tourist indus-

try and the economy, Mr. Gichinaremoved the seats from hisminibus and started using it tohawk eggs and vegetables. Withwhat he now earns, he said, he canbarely afford to pay rent, buy foodor send his 9-year-old son toschool.

“We have been working hard tobuild better lives,” Mr. Gichina, 35,said of his colleagues in the touristsector. Now, he said, “We have

nothing.”As the coronavirus surges in

many countries in Africa, it isthreatening to push as many as 58million people in the region intoextreme poverty, experts at theWorld Bank say. But beyond thedevastating consequences for thecontinent’s most vulnerable peo-ple, the pandemic is also whittlingaway at one of Africa’s signatureachievements: the growth of itsmiddle class.

For the last decade, Africa’smiddle class has been pivotal tothe educational, political and eco-nomic development across thecontinent. New business ownersand entrepreneurs have createdjobs that, in turn, gave others a leg

Crisis Threatens to Derail Africa’s Middle ClassBy ABDI LATIF DAHIR

Lockdown rules in Nairobi, Kenya, have whittled away earnings for many in the Eastleigh section.KHADIJA FARAH FOR THE NEW YORK TIMES

Continued on Page A6

Decades of Growth AreHalted as PandemicShakes Economies

For anti-abortion activists,Monday’s Supreme Court rulingagainst a Louisiana law deliv-ered a stinging and surprisingsetback. But perhaps not forlong.

The anti-abortion movementhas a long pipeline of new casesthat, if taken up by the SupremeCourt, could present a moredirect challenge to Roe v. Wade,the 1973 ruling that establishedfederal protection for abortion.As of June, there were at least 16abortion cases before UnitedStates appeals courts, the laststep before the Supreme Court,according to lawyers at PlannedParenthood Federation of Amer-ica.

The Louisiana case, over a2014 law that required doctorsperforming abortions to haveadmitting privileges at nearbyhospitals, was never envisionedas a way to upend Roe v. Wade.It was one small piece of abroader strategy to restrict abor-tion through myriad state lawsthat put together could chipaway at overall access.

That political project has al-ready significantly done that inlarge areas of the South and theMidwest. And at least five stateshave only one abortion cliniceach left: Mississippi, Missouri,North Dakota, South Dakota andWest Virginia.

The decision on Monday, thefirst major abortion case sincePresident Trump shifted thecourt’s balance of power to theright, also showed for the firsttime that Justices Neil M. Gor-such and Brett M. Kavanaughsided with the anti-abortioncause.

The ruling will only further thepush by social conservatives tore-elect Mr. Trump so he mighthave a third opportunity to nomi-nate a justice in time to rule onmore significant abortion casesworking their way up to theSupreme Court. Many of thoselaws would have a far greaterreach than the Louisiana case.

While legal challenges to abor-tion often take years to reach theSupreme Court, states havecontinued to add to the list, pass-ing dozens of new laws in recentyears. This month, Tennesseepassed a bill that would outlawabortions as early as six weeks

NEWS ANALYSIS

Continued on Page A18

By SABRINA TAVERNISEand ELIZABETH DIAS

A Victory, for Now,for Roe v. Wade

Employers are convinced that remotework has a bright future. Decades ofsetbacks suggest otherwise. PAGE B1

BUSINESS B1-6

Telecommuting’s Rocky Past

The pro-Trump subreddit broke hatespeech rules, said the message board,which also banned other groups. PAGE B1

Reddit Bans ‘The_Donald’

Under an agreement with the govern-ment, Remdesivir will be sold to hospi-tals for $3,120 per treatment course forpatients with private insurance. PAGE A5

TRACKING AN OUTBREAK A4-8

Prices Set for Drug in U.S.New calculations suggest that 14.6million properties are at risk of severeflooding, far more than the 8.7 millionshown on federal flood maps. PAGE A20

NATIONAL A12-21

Data Finds Higher Flood Risks

The pandemic closed their showrooms,but instrument dealers across the coun-try reported robust business. PAGE C1

ARTS C1-7

Surprise Boom in Piano SalesScientists have linked historical politicalinstability to volcanic events, includingan eruption in the Aleutian Islands andthe fall of the Roman Republic. PAGE D1

SCIENCE TIMES D1-8

A Volcano’s Ripple EffectBy getting Cam Newton to replace TomBrady at quarterback, New England’scoach, Bill Belichick, again figures it allout, Ben Shpigel writes. PAGE B7

SPORTSTUESDAY B7-8

The Patriot Way: Find a Way

A 24-year-old human rights workerjoins a long list of those who died tryingto help their country. PAGE A11

INTERNATIONAL A9-11

Quieting a Young Afghan Voice

New rules and designs will aim to re-duce risks as plazas, parks and otherpublic areas fill up again. PAGE A7

New Yorkers Need Some Space

A chat with Milton Glaser, who, until hisdeath at 91, was still thinking of how tobring his ailing city “Together.” PAGE C1

A Designer’s Unseen Project

Michelle Goldberg PAGE A22

EDITORIAL, OP-ED A22-23

EATING OUT New York and NewJersey officials backed away fromplans for indoor dining. PAGE A7

Late Edition

VOL. CLXIX . . . No. 58,740 © 2020 The New York Times Company NEW YORK, TUESDAY, JUNE 30, 2020

Today, clouds and sun, showers orthunderstorms later, high 83. To-night, showers, thunderstorms, low68. Tomorrow, showers, storms,high 82. Weather map, Page C8.

$3.00