How Harvey Weinstein’s NY Conviction Was Overturned

Evening, Meteor readers,

What. A. Day. In today’s newsletter, we look at Harvey Weinstein’s overturned conviction and how it happened. Plus, SCOTUS’s latest post-Dobbs case, a heartwarming story from across the pond, and our weekend reading list.

Literally appalled,

Shannon Melero

WHAT’S GOING ON

“Not a fair trial:” I bet no one had this on their 2024 Bingo card: The New York Court of Appeals has overturned Harvey Weinstein’s 2020 conviction for felony sex crimes. The key factor? That jurors in the case heard testimony from women who had accused Weinstein of sexual assault, but who were not named in the specific case being tried. (More than 100 women have charged that Weinstein abused them, but the case itself involved only two women.) Jan Ransom of the New York Times explains that the additional witnesses “testified about their encounters with Weinstein under a state law that allows testimony about ‘prior bad acts’ to demonstrate a pattern of behavior. But the [appeals] court in its decision on Thursday said that ‘under our system of justice, the accused has a right to be held to account only for the crime charged.’”

THE “SILENCE BREAKERS” IN LOS ANGELES AFTER WEINSTEIN’S GUILTY VERDICT IN 2020. FROM LEFT TO RIGHT: CAITLIN DULANY, ROSANNA ARQUETTE, JESSICA BARTH, LAUREN SIVAN, SARAH ANNE MASSE, LAURA O’CONNOR, LOUISE GODBOLD, AND LOUISETTE GEISS. (VIA GETTY IMAGES)

Advocates and lawyers argue that establishing a pattern of how predators operate has become common in assault cases. And for good reason: It’s helped overcome the longtime tendency of juries and the public to think that survivors are making it all up. This wasn’t the first case to use additional testimony to show that an accused abuser had a pattern of abusing; prosecutors successfully marshaled additional survivor witnesses in the Bill Cosby and Donald Trump assault cases, among others.

The 4-3 decision in favor of Weinstein was determined by a panel of judges, the majority of whom were women—though two senior judges, Shirley Troutman and Caitlin Halligan, recused themselves from the case over the winter and were replaced. But Weinstein is not walking free: His 2022 rape conviction and 16-year prison sentence in the state of California still stands. While lawyers determine whether or not the New York case will be retried, Weinstein will be moved from upstate New York to California to serve his time there.

No matter what happens next, this overturn has reopened a wound for sexual assault survivors everywhere. As one of Weinstein’s accusers, Katherine Kendall, told the Times, “It’s a terrible reminder that victims of sexual assault just don’t get justice.”

Where lawyers play doctor: Yesterday, the Supreme Court heard its first round of oral arguments determining whether the Emergency Medical Treatment and Labor Act, or EMTALA, is still applicable in states with abortion bans. If you want a concise and spicy explainer on that, my third-favorite co-worker, Mik, has you covered.

TL;DR: EMTALA dictates that anyone, regardless of their condition or ability to pay, is entitled to life-saving medical treatment in an emergency room. The Biden administration clarified right after Dobbs that this treatment includes abortion care—often crucial in cases where pregnant people are bleeding out or experiencing other complications. But some states, like Idaho, are being all, “Not in our house!” So now, the Supreme Court is being asked just how close to death a pregnant person has to be before a doctor can step in and save their life.

The good news—which shockingly exists—is that so far, SCOTUS does appear to be seeing some reason in this case. US Solicitor General Elizabeth Prelogar argued that “It would be no different if the state had come out and decided to ban epinephrine,” a necessary medication for severe allergic reactions. Even conservative Justice Amy Coney Barrett was skeptical, suggesting “that Idaho had little reason to challenge the federal government’s EMTALA enforcement,” The 19th reports. (Broken clocks….)

The decision will come down in early summer. In the meantime, check your voter registration and read up on which state legislators you can vote out of office.

AND:

• Afghan asylum seekers being detained in ICE facilities in the U.S. have allegedly faced widespread religious discrimination at the hands of their jailers. Women at the detention centers have reported being denied head coverings to attend prayers, and Black women in particular have faced punishment for taking water bottles into bathrooms to perform ablution (washing of the hands, arms, and feet before prayer).

• A report from Human Rights Watch has found that in February of this year, the Burkina Faso military executed more than 200 civilians, including 56 children. The nation has been locked in a civil conflict between extremist groups and the Burkinabè military since 2015. Over two million people have also been displaced as a result of violence and what HRW calls the “deterioration” of human rights.

• California Governor Gavin Newsom is introducing a bill that would make it easier for Arizonan abortion providers to travel to California to care for their patients. The bill is in response to Arizona reviving an 1864 anti-abortion law—a revival that legislators are now trying to repeal.

• This story warmed my cold, dead heart: A girls’ youth soccer team in England, the Queens Park Ladies, competed in an all-boys league this year—and ended their season undefeated. One of the team’s defenders, Edith, told The New York Times, “Sometimes, especially at the beginning of the season when we hadn’t played them all yet, [the boys] were sniggering. They definitely underestimated us. But then we showed them that we were just as good as them.” Hell yeah, Edith! Now, where can I get my hands on a Queens Park Ladies’ jersey?

THE UNDEFEATED, “INVINCIBLE” MEMBERS OF QUEENS PARK LADIES! (VIA INSTAGRAM) 

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WEEKEND READING 📚

On heartbreak: Over 25,000 children in Gaza have been killed or injured since October. “That’s one child every 10 minutes,” NPR reports. Nimer Saddy al-Nimer, a 12-year-old boy shot while looking for food, shares his story. (NPR)

On the meaning of words: What is everyone getting wrong when it comes to the conversation around famine? An expert weighs in. (Slate)

On the dollar: There’s a larger uncomfortable truth behind Caitlin Clark’s historic $28 million Nike deal. And it isn’t just about money. (The Washington Post)

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