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As part of the order, USPS must send a memo by 9 p.m., local time, Sunday evening to processing plant managers and division directors saying the extraordinary measures "must be put in place to ensure we delivery every ballot possible by the cutoff time on Election Day."

In addition to the USPS' daily sweeps for election mail, USPS processing plant managers must also certify that all local ballots have been sent to the local election or post office by 10 a.m., local time, on Monday and Tuesday.

In New Jersey and three key states in the election -- Minnesota, North Carolina and Pennsylvania -- USPS must issue "targeted written communication, and make all reasonable efforts to orally convey" to plant managers and division directors that ballots should be processed prior to the deadline in which they need to arrive at election offices on Election Day.

And by 9 a.m., local time, on Monday, USPS is required to send a memo to every local post office reiterating that they must postmark all ballots they receive. Properly postmarked ballots are important because some states allow for pre-Election Day postmarked ballots to arrive after Election Day.

In a document filed in US District Court Sunday, USPS said that on a national level, they moved fewer ballots on time on Saturday than on Friday and their processing score dropping from 93% to 91%

More critical battlegrounds states are now experiencing a drop in scores -- below 90% -- and those already below that did not improve substantially and some dropped even lower.

The officer suffered from a brain injury, loss of teeth, and a head injury.

A federal appeals court allowed the suit to go forward in a decision that stunned civil liberties communities who argued that if the opinion is left on the books it would chill the speech rights of protesters and dismantle civil rights era precedent that safeguard's the First Amendment's right to protest. The Supreme Court has held that lawful protestors cannot be held liable when someone within their ranks commits unlawful activity.

"The Supreme Court has long recognized that peaceful protesters cannot be held liable for the unintended, unlawful actions of others," said American Civil Liberties Union National Legal Director David Cole, who is representing McKesson. "If the law had allowed anyone to sue leaders of social justice movements over the violent actions of others, there would have been no Civil Rights Movement. The lower court's ruling is a threat to the First Amendment rights of millions of Americans."

"The First Amendment does not condone physical violence," a group of First Amendment lawyers represented by Acting Solicitor General Walter Dellinger told the court in support of McKesson. Dellinger argued that while the Constitution does not excuse the attacker's "criminal, tortious and morally indefensible conduct," it does protect the organizer who "neither committed nor incited" the illegal activity.

even if his role in leading the protest onto the highway was negligent, it couldn't make him personally liable for the actions of an individual whose only association to him was attendance at the protest.

On Monday, the Supreme Court threw out the suit for now, declaring that the 5th Circuit's interpretation of state law "is too uncertain a premise on which to address" the question currently at issue.

any reasonable officer should have realized that Taylor's conditions of confinement offended the Constitution,

whether Louisiana would permit such a suit.

In a second case — involving cruel and unusual punishment of a prisoner — the justices also repudiated a 5th Circuit decision.

the prison officers responsible for this treatment could not be sued because the law "wasn't clearly established" that "prisoners "couldn't be housed in cells teaming with human waste" "for only six days." Thus, the 5th Circuit granted the officers qualified immunity from being sued.

The constitutional question — namely whether such a suit violated the First Amendment guarantee of free speech — is only raised if Louisiana law in fact permits such a suit in the first place,

The telephone format allows each justice only a few minutes to ask questions so there was no way to compare Barrett's questioning with other newbies in recent years.

New Supreme Court Justice Amy Coney Barrett heard her first oral arguments at the Supreme Court on Monday. Participating by phone with the other justices

Barrett could well be forgiven for bowing out of the court's work last week, with six days to prep before her Monday debut. But Chief Justice John Roberts also had just six days to prepare in 2005

Barrett's choice to forgo participating last week meant she did not vote in two significant cases decided by the court in opinions released Monday.

In an important First Amendment case involving a Black Lives Matter protest, the court sided with activist DeRay Mckesson in his effort to avoid a lawsuit by a police officer who was severely injured by an unknown assailant.

On Monday, the Supreme Court threw out the suit for now, declaring that the 5th Circuit's interpretation of state law "is too uncertain a premise on which to address"

Acknowledging these "exceptional circumstances," the high court, in essence, then asked the Louisiana Supreme Court to decide what the state law actually is — in short, whether Louisiana would permit such a suit.

This one involved a Texas state prisoner, Trent Taylor, who alleged that for six days in 2013 he was held in what the court called "shockingly unsanitary cells."

Taylor did not eat or drink for nearly four days. Correctional officers then moved Taylor to a second, frigidly cold cell, which was equipped with only a clogged drain in the floor to dispose of bodily wastes.

Because the cell lacked a bunk, and because Taylor was confined without clothing, he was left to sleep naked in sewage."

the Supreme Court noted that the 5th Circuit "properly held that such conditions ... violate the Eighth Amendment's prohibition on cruel and unusual punishment."

went on to say that the prison officers responsible for this treatment could not be sued because the law "wasn't clearly established" that "prisoners "couldn't be housed in cells teaming with human waste" "for only six days."

Thursday’s announcement was billed as “President Trump’s Healthcare Vision for America” but contained no tangible action. Trump has long promised a “beautiful” and “phenomenal” healthcare plan that provides everyone with better coverage for a lower cost, but his administration never unveiled any comprehensive reform plan, even as it was trying to overturn the Affordable Care Act.

The plan also promises to ban surprise medical billing, but only after the election.

While widely derided as unethical exploitation of vulnerable patients, surprise billing is nonetheless lucrative business for those doing the billing. Doctors and insurance companies have been in a lobbying war over how to fix the problem, and Congress has done nothing to stop it.

If Congress fails to meet the deadline, Azar will be tasked with exploring other options. Azar did not say what those might be. When asked why they are not taking action now, Azar said the plan "is what it is." Twitter Tweet Facebook Share Copy Copy

I’d been talking with DiAngelo for a year when Floyd was killed, and with other antiracism teachers for almost as long. Demand has recently spiked throughout the field, though the clamor had already been building, particularly since the election of Donald Trump

As their teaching becomes more and more widespread, antiracism educators are shaping the language that gets spoken — and the lessons being learned — about race in America.

“I will not coddle your comfort,” she went on. She gestured crisply with her hands. “I’m going to name and admit to things white people rarely name and admit.” Scattered Black listeners called out encouragement. Then she specified the predominant demographic in the packed house: white progressives. “I know you. Oh, white progressives are my specialty. Because I am a white progressive.” She paced tightly on the stage. “And I have a racist worldview.”

“White supremacy — yes, it includes extremists or neo-Nazis, but it is also a highly descriptive sociological term for the society we live in, a society in which white people are elevated as the ideal for humanity, and everyone else is a deficient version.” And Black people, she said, are cast as the most deficient. “There is something profoundly anti-Black in this culture.”

White fragility, in DiAngelo’s formulation, is far from weakness. It is “weaponized.” Its evasions are actually a liberal white arsenal, a means of protecting a frail moral ego, defending a righteous self-image and, ultimately, perpetuating racial hierarchies, because what goes unexamined will never be upended

At some point after our answers, DiAngelo poked fun at the myriad ways that white people “credential” themselves as not-racist. I winced. I hadn’t meant to imply that I was anywhere close to free of racism, yet was I “credentialing”?

the pattern she first termed “white fragility” in an academic article in 2011: the propensity of white people to fend off suggestions of racism, whether by absurd denials (“I don’t see color”) or by overly emotional displays of defensiveness or solidarity (DiAngelo’s book has a chapter titled “White Women’s Tears” and subtitled “But you are my sister, and I share your pain!”) or by varieties of the personal history I’d provided.

But was I being fragile? Was I being defensive or just trying to share something more personal, intimate and complex than DiAngelo’s all-encompassing sociological perspective? She taught, throughout the afternoon, that the impulse to individualize is in itself a white trait, a way to play down the societal racism all white people have thoroughly absorbed.

One “unnamed logic of Whiteness,” she wrote with her frequent co-author, the education professor Ozlem Sensoy, in a 2017 paper published in The Harvard Educational Review, “is the presumed neutrality of White European Enlightenment epistemology.”

she returned to white supremacy and how she had been imbued with it since birth. “When my mother was pregnant with me, who delivered me in the hospital — who owned the hospital? And who came in that night and mopped the floor?” She paused so we could picture the complexions of those people. Systemic racism, she announced, is “embedded in our cultural definitions of what is normal, what is correct, what is professionalism, what is intelligence, what is beautiful, what is valuable.”

“I have come to see white privilege as an invisible package of unearned assets that I can count on cashing in each day, but about which I was ‘meant’ to remain oblivious,” one of the discipline’s influential thinkers, Peggy McIntosh, a researcher at the Wellesley Centers for Women, has written. “White privilege is like an invisible weightless knapsack of special provisions, assurances, tools, maps, guides, codebooks, passports, visas, clothes, compass, emergency gear and blank checks.”

Borrowing from feminist scholarship and critical race theory, whiteness studies challenges the very nature of knowledge, asking whether what we define as scientific research and scholarly rigor, and what we venerate as objectivity, can be ways of excluding alternate perspectives and preserving white dominance

the Seattle Gilbert & Sullivan Society’s casting of white actors as Asians in a production of “The Mikado.” “That changed my life,” she said. The phrase “white fragility” went viral, and requests to speak started to soar; she expanded the article into a book and during the year preceding Covid-19 gave eight to 10 presentations a month, sometimes pro bono but mostly at up to $15,000 per event.

For almost everyone, she assumes, there is a mingling of motives, a wish for easy affirmation (“they can say they heard Robin DiAngelo speak”) and a measure of moral hunger.

Moore drew all eyes back to him and pronounced, “The cause of racial disparities is racism. If I show you data that’s about race, we need to be talking about racism. Don’t get caught up in detours.” He wasn’t referring to racism’s legacy. He meant that current systemic racism is the explanation for devastating differences in learning, that the prevailing white culture will not permit Black kids to succeed in school.

The theme of what white culture does not allow, of white society’s not only supreme but also almost-absolute power, is common to today’s antiracism teaching and runs throughout Singleton’s and DiAngelo’s programs

unning slightly beneath or openly on the surface of DiAngelo’s and Singleton’s teaching is a set of related ideas about the essence and elements of white culture

For DiAngelo, the elements include the “ideology of individualism,” which insists that meritocracy is mostly real, that hard work and talent will be justly rewarded. White culture, for her, is all about habits of oppressive thought that are taken for granted and rarely perceived, let alone questioned

if we were white and happened to be sitting beside someone of color, we were forbidden to ask the person of color to speak first. It might be good policy, mostly, for white people to do more listening than talking, but, she said with knowing humor, it could also be a subtle way to avoid blunders, maintain a mask of sensitivity and stay comfortable. She wanted the white audience members to feel as uncomfortable as possible.

The modern university, it says, “with its ‘experts’ and its privileging of particular forms of knowledge over others (e.g., written over oral, history over memory, rationalism over wisdom)” has “validated and elevated positivistic, White Eurocentric knowledge over non-White, Indigenous and non-European knowledges.”

the idea of a society rigged at its intellectual core underpins her lessons.

There is the myth of meritocracy. And valuing “written communication over other forms,” he told me, is “a hallmark of whiteness,” which leads to the denigration of Black children in school. Another “hallmark” is “scientific, linear thinking. Cause and effect.” He said, “There’s this whole group of people who are named the scientists. That’s where you get into this whole idea that if it’s not codified in scientific thought that it can’t be valid.”

“This is a good way of dismissing people. And this,” he continued, shifting forward thousands of years, “is one of the challenges in the diversity-equity-inclusion space; folks keep asking for data. How do you quantify, in a way that is scientific — numbers and that kind of thing — what people feel when they’re feeling marginalized?”

Moore directed us to a page in our training booklets: a list of white values. Along with “ ‘The King’s English’ rules,” “objective, rational, linear thinking” and “quantitative emphasis,” there was “work before play,” “plan for future” and “adherence to rigid time schedules.”

Moore expounded that white culture is obsessed with “mechanical time” — clock time — and punishes students for lateness. This, he said, is but one example of how whiteness undercuts Black kids. “The problems come when we say this way of being is the way to be.” In school and on into the working world, he lectured, tremendous harm is done by the pervasive rule that Black children and adults must “bend to whiteness, in substance, style and format.”

Dobbin’s research shows that the numbers of women or people of color in management do not increase with most anti-bias education. “There just isn’t much evidence that you can do anything to change either explicit or implicit bias in a half-day session,” Dobbin warns. “Stereotypes are too ingrained.”

he noted that new research that he’s revising for publication suggests that anti-bias training can backfire, with adverse effects especially on Black people, perhaps, he speculated, because training, whether consciously or subconsciously, “activates stereotypes.”

When we spoke again in June, he emphasized an additional finding from his data: the likelihood of backlash “if people feel that they’re being forced to go to diversity training to conform with social norms or laws.”

Donald Green, a professor of political science at Columbia, and Betsy Levy Paluck, a professor of psychology and public affairs at Princeton, have analyzed almost 1,000 studies of programs to lessen prejudice, from racism to homophobia, in situations from workplaces to laboratory settings. “We currently do not know whether a wide range of programs and policies tend to work on average,

She replied that if a criterion “consistently and measurably leads to certain people” being excluded, then we have to “challenge” the criterion. “It’s the outcome,” she emphasized; the result indicated the racism.

Another critique has been aimed at DiAngelo, as her book sales have skyrocketed. From both sides of the political divide, she has been accused of peddling racial reductionism by branding all white people as supremacist

Chislett filed suit in October against Carranza and the department. At least five other high-level, white D.O.E. executives have filed similar suits or won settlements from the city over the past 14 months. The trainings lie at the heart of their claims.

Chislett eventually wound up demoted from the leadership of A.P. for All, and her suit argues that the trainings created a workplace filled with antiwhite distrust and discrimination

whatever the merits of Chislett’s lawsuit and the counteraccusations against her, she is also concerned about something larger. “It’s absurd,” she said about much of the training she’s been through. “The city has tens of millions invested in A.P. for All, so my team can give kids access to A.P. classes and help them prepare for A.P. exams that will help them get college degrees, and we’re all supposed to think that writing and data are white values? How do all these people not see how inconsistent this is?”

I talked with DiAngelo, Singleton, Amante-Jackson and Kendi about the possible problem. If the aim is to dismantle white supremacy, to redistribute power and influence, I asked them in various forms, do the messages of today’s antiracism training risk undermining the goal by depicting an overwhelmingly rigged society in which white people control nearly all the outcomes, by inculcating the idea that the traditional skills needed to succeed in school and in the upper levels of the workplace are somehow inherently white, by spreading the notion that teachers shouldn’t expect traditional skills as much from their Black students, by unwittingly teaching white people that Black people require allowances, warrant extraordinary empathy and can’t really shape their own destinies?

With DiAngelo, my worries led us to discuss her Harvard Educational Review paper, which cited “rationalism” as a white criterion for hiring, a white qualification that should be reconsidered

Shouldn’t we be hiring faculty, I asked her, who fully possess, prize and can impart strong reasoning skills to students, because students will need these abilities as a requirement for high-paying, high-status jobs?

I pulled us away from the metaphorical, giving the example of corporate law as a lucrative profession in which being hired depends on acute reasoning.

They’ve just refined their analysis, with the help of two Princeton researchers, Chelsey Clark and Roni Porat. “As the study quality goes up,” Paluck told me, “the effect size dwindles.”

he said abruptly, “Capitalism is so bound up with racism. I avoid critiquing capitalism — I don’t need to give people reasons to dismiss me. But capitalism is dependent on inequality, on an underclass. If the model is profit over everything else, you’re not going to look at your policies to see what is most racially equitable.”

I was asking about whether her thinking is conducive to helping Black people displace white people on high rungs and achieve something much closer to equality in our badly flawed worl

it seemed that she, even as she gave workshops on the brutal hierarchies of here and now, was entertaining an alternate and even revolutionary reality. She talked about top law firms hiring for “resiliency and compassion.”

Singleton spoke along similar lines. I asked whether guiding administrators and teachers to put less value, in the classroom, on capacities like written communication and linear thinking might result in leaving Black kids less ready for college and competition in the labor market. “If you hold that white people are always going to be in charge of everything,” he said, “then that makes sense.”

He invoked, instead, a journey toward “a new world, a world, first and foremost, where we have elevated the consciousness, where we pay attention to the human being.” The new world, he continued, would be a place where we aren’t “armed to distrust, to be isolated, to hate,” a place where we “actually love.”

I reread “How to Be an Antiracist.” “Capitalism is essentially racist; racism is essentially capitalist,” he writes. “They were birthed together from the same unnatural causes, and they shall one day die together from unnatural causes.”

“I think Americans need to decide whether this is a multicultural nation or not,” he said. “If Americans decide that it is, what that means is we’re going to have multiple cultural standards and multiple perspectives. It creates a scenario in which we would have to have multiple understandings of what achievement is and what qualifications are. That is part of the problem. We haven’t decided, as a country, even among progressives and liberals, whether we desire a multicultural nation or a unicultural nation.”

Ron Ferguson, a Black economist, faculty member at Harvard’s John F. Kennedy School of Government and director of Harvard’s Achievement Gap Initiative, is a political liberal who gets impatient with such thinking about conventional standards and qualifications

“The cost,” he told me in January, “is underemphasizing excellence and performance and the need to develop competitive prowess.” With a soft, rueful laugh, he said I wouldn’t find many economists sincerely taking part in the kind of workshops I was writing about

“When the same group of people keeps winning over and over again,” he added, summarizing the logic of the trainers, “it’s like the game must be rigged.” He didn’t reject a degree of rigging, but said, “I tend to go more quickly to the question of how can we get prepared better to just play the game.”

But, he suggested, “in this moment we’re at risk of giving short shrift to dealing with qualifications. You can try to be competitive by equipping yourself to run the race that’s already scheduled, or you can try to change the race. There may be some things about the race I’d like to change, but my priority is to get people prepared to run the race that’s already scheduled.”

DiAngelo hopes that her consciousness raising is at least having a ripple effect, contributing to a societal shift in norms. “You’re watching network TV, and they’re saying ‘systemic racism’ — that it’s in the lexicon is kind of incredible,” she said. So was the fact that “young people understand and use language like ‘white supremacy.’”

We need a culture where a person who resists speaking up against racism is uncomfortable, and right this moment it looks like we’re in that culture.”

Chief Justice John Roberts and Justice Brett Kavanaugh, one of the three justices on the court appointed by President Trump, both signaled they disagree with arguments from Republican-led states that Obamacare should fall if its individual mandate is deemed unconstitutional.

It's hard for you to argue that Congress intended the entire act to fall if the mandate were struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act,

The chief justice added that he believes Congress wanted the Supreme Court to strike down the full law, "but that's not our job."

"Under the severability question, we ask ourselves whether Congress would want the rest of the law to survive if an unconstitutional provision were severed," Roberts said. "And here Congress left the rest of the law intact when it lowered the penalty to zero. That seems to be compelling evidence on the question

I tend to agree with you, this is a very straight forward case for severability under our precedents, meaning that we would excise the mandate and leave the rest of the act in place,"

it does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place."

third attempt by Republicans for the Supreme Court to dismantle the 2010 health care law that has extended health insurance coverage to millions of Americans and provides protections to people with pre-existing conditions.

The states argue the rest of Obamacare should topple if the mandate is struck down, as it is "inextricably intertwined" with the remainder of the law and cannot be severed from it. 

Congress's change to the law "modified the terms of the choice presented by [the mandate] — by allowing individuals to freely decide whether to buy health insurance without facing any tax assessment if they do not."

"It would seem a big deal to say that if you can point to injury with respect to one provision and you can concoct some kind of inseverability argument, then it allows you to challenge anything else in the statute,

Isn't that something that the United States should be very worried about and isn't it something that really cuts against all of our doctrine?"

Texas Attorney General Ken Paxton filed the lawsuit Tuesday. The President on Wednesday filed a motion to intervene -- basically a request to join the lawsuit

Trump has suggested publicly that he hopes his nominees -- Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch -- will side with him on any election dispute.

since Republican delegations outnumber Democratic delegations, Trump would win.

"In a nutshell the President is asking the Supreme Court to exercise its rarest form of jurisdiction to effectively overturn the entire presidential election," said Steve Vladeck, a CNN Supreme Court analyst and University of Texas Law School professor.

The court has thus far shown no desire to intervene in the presidential election.

On Tuesday, it rejected the plea from Pennsylvania Republicans to invalidate the state's presidential tallies. It issued one sentence and noted zero dissents. (Justices don't always have to make their votes public.)

"Our Country is deeply divided in ways that it arguably has not been seen since the election of 1860," Trump's motion to intervene states. "There is a high level of distrust between the opposing sides, compounded by the fact that, in the election just held, election officials in key swing states, for apparently partisan advantage, failed to conduct their state elections in compliance with state election law."

First the court would have to allow Paxton to file the suit. Then the court would have to block certification of the Electoral College vote, determine that the four states had allowed massive amounts of "illegal" votes, have the states revisit their vote counts and then resubmit the numbers.

If the court refuses to take up the lawsuit, it's another nail in the coffin for Trump's hopes to reverse his election loss.

If it acts in the other direction, it will be another dramatic and unprecedented turn in the 2020 election, guaranteeing the President will continue to challenge Biden's victory.

"There's nothing unique about Texas' claims here, most of which have already been brought in other suits against the same four states," said Vladeck, noting that if Trump and other states are joining in, it could weaken the suggestion the Texas case is unique.

The GOP "used to be a party for states' rights," Ginsberg said. "I can't imagine something that is less faithful to the principle of states' rights than a Texas attorney general trying to tell other states how to run their elections."

Sen. John Cornyn, the senior Texas Republican, told CNN that "I frankly struggle to understand the legal theory of it. Number one, why would a state, even such a great state as Texas, have a say-so on how other states administer their elections?

"Using the Covid-19 pandemic as a justification," Paxton wrote, officials in the battleground states "usurped their legislatures' authority and unconstitutionally revised their state's election statutes." He said they had done so through "executive fiat." He pointed specifically to mail-in ballots, which he said were placed "in drop boxes" with "little or no chain of custody," which weakened signature verification and witness requirements, which he called "the strongest security measures protecting the integrity of the vote."

The court could act after those filings arrive or wait until Texas files a brief replying to the arguments made by the battleground states. The justices acted quickly in rejecting the Pennsylvania lawsuit on Tuesday, but they could bide their time as they have in other election-related cases.

The President's campaign has been represented by former New York Mayor Rudy Giuliani and attorney Jenna Ellis. In the current motion, however, Trump is being represented by John Eastman.

Trump has also asked GOP Sen. Ted Cruz of Texas -- the former solicitor general of the state -- to represent him at the Supreme Court in the unlikely event it hears oral arguments.

“Journalists may think we can dash off an opinion the way they dash off articles,” Alito snarked. “You can’t expect the E.M.T.s and the emergency rooms to do the same thing that a team of physicians and nurses will do when . . . time is not of the essence.”

That begs the question of why the Court is now deciding more frequently that their EMT services are needed.

In any event, Alito’s “blame the messenger” ignores what behavior psychologists have known for decades: When a message receives a favorable response, the messenger returns for more.

Alito rejected critics’ claims that emergency orders suffer from opaqueness that full court opinions help avoid: “[F]air-minded readers can easily understand the grounds for our rulings.”

What he didn’t address was the fact that the three orders he discussed all favored conservative litigants, a consistency that could lead “fair minded observers” to question whether the Court was impartially “calling balls and strikes.” In July, a Reuters analysis concluded that the Court’s emergency orders consistently favored religious groups and Trump’s administration.

Findings like that may have contributed to Justice Amy Coney Barrett publicly declaring in September that “we’re not a bunch of partisan hacks.” (Reminiscent of Richard Nixon’s Watergate-era speech in which he said, “I am not a crook.”)

That bromide does not mean, however, that judges should seek the limelight to offer their perspectives on Court business or doctrine. That practice carries enormous risk of destroying the public’s trust in their impartiality and nonpartisanship.

the right to abortion cannot be a constitutional right because states restricted abortion in 1868 at the time of the ratification of the 14th Amendment. Mississippi argues that the public in 1868 would have understood the 14th Amendment to permit state restrictions on abortion to continue.

This is not a new argument—it formed the basis of then-Justice William Rehnquist’s dissent in Roe and was made repeatedly by Justice Antonin Scalia over the course of his career on the bench, including in his dissent in Casey

Chief Justice John Roberts recognized in his confirmation testimony, it is “completely circular,” using state practice to interpret the constraints the 14th Amendment was written to impose on the states.

the text and history of the 14th Amendment provide no support for the idea that the courts should look to state practice in 1868 to define the scope of the amendment’s protections.

For good reason, state practice in 1868 has never been a measure of what fundamental, personal rights are guaranteed against state infringement by the 14th Amendment. This is illustrated not only by Roe and Casey—which explicitly rejected the idea that the state practice in 1868 fixes the fundamental rights for all future generations—but also by many other landmark Supreme Court rulings vindicating the 14th Amendment’s promise of liberty for all.

In 1965, in Griswold v. Connecticut, the Supreme Court struck down a restriction on the use of birth control dating back to 1879, holding that it infringed on the right of a married couple to choose whether to start a family and bear children.

In 2003, in Lawrence v. Texas, the Supreme Court held that the 14th Amendment protected a right to sexual intimacy by LGBTQ adults, despite a very long history of laws that prohibited same-sex intimacy and sexual conduct. In Obergefell v. Hodges in 2015, the Supreme Court held that the 14th Amendment guaranteed the right to marry a loved one of the same sex, even though marriage had historically been limited to a union of a man and a woman. Both decisions drew on Loving to safeguard bedrock rights to love, marry, and form a family, ensuring equal dignity to LGBTQ persons.

If the fundamental rights protected by the 14th Amendment are determined by looking to state practice in 1868—as Mississippi and its allies urge—Loving’s holding protecting the right to marry as a fundamental right would be in doubt, as would many other landmark precedents, including Lawrence and Obergefell.

It explicitly rejects Loving’s reasoning, arguing that the Supreme Court was wrong to recognize a fundamental right to marry in that case. It claims that Lawrence and Obergefell are “lawless” rulings and urges the Supreme Court in Dobbs to leave “those decisions hanging by a thread.”

The court has repeatedly said people don’t need to violate a law in order to challenge its constitutionality.

If no one can bring a suit challenging a state law authorizing civil suits, then states can adopt laws creating liability for the exercise of any constitutional right. As a consequence, states could, for example, adopt a law authorizing suits against those performing same-sex weddings, even though there’s a constitutional right to marriage equality.

Therefore, the issue of whether to overrule Roe v. Wade is not directly before the court on Monday. The two cases to be argued that day are both about who, if anyone, can challenge a state law that authorizes civil suits for exercising a constitutional right.

The two cases to be heard by the court on Monday thus raise the question of whether a state can adopt an unconstitutional law and immunize it from being enjoined by any court.

It’s hard to overstate the significance of what will be argued next week, which is ultimately about whether a state can flout the Constitution. If no one can sue to enjoin an unconstitutional law, what is left of the supremacy of the Constitution and the rule of law?

According to Smith, his head was placed on two stones and a warrior prepared to smash his head and kill him. But before the warrior could strike, Pocahontas rushed to Smith’s side and placed her head on his, preventing the attack. Chief Powhatan then bartered with Smith, referred to him as his son and sent him on his way.

It’s thought that Pocahontas married an Indian named Kocoum in 1610. Afterwards, she avoided the English until 1613 when she was lured onto the English ship of Captain Samuel Argall and kidnapped during the First Anglo-Powhatan War.Argall informed Chief Powhatan that he wouldn’t return Pocahontas unless he released English prisoners, returned stolen weapons and sent the colonists food. Much to Pocahontas’ dismay, her father only sent half the ransom and left her imprisoned.

Pocahontas became known by the colonists as an important Powhatan emissary. She occasionally brought the hungry settlers food and helped successfully negotiate the release of Powhatan prisoners in 1608. But relations between the colonists and the Indians remained strained.By 1609, drought, starvation and disease had ravaged the colonists and they became increasingly dependent on the Powhatan to survive. Desperate and dying, they threatened to burn Powhatan towns for food, so Chief Powhatan suggested a barter with Captain Smith.

Soon after, Smith was injured and returned to England; however, Pocahontas and her father were told he died.

Smith’s account of Pocahontas’ lifesaving efforts is hotly debated, partly because he wrote different versions of this initial meeting with Chief Powhatan. Many historians believe Smith was never in peril and the placement of his head on the stones was ceremonial.

The couple decided to marry, likely for both love and political purposes – although the decision wasn’t an easy one for the staunchly Christian Rolfe until Pocahontas converted.

In 1616, Sir Thomas Dale sailed to England to rally financial support for the Virginia Company, the company owned by wealthy Londoners that had financed the Jamestown colony.

Much to her surprise, Pocahontas encountered Captain Smith (whom she thought was dead) in London. Although she was overcome with emotion upon seeing him alive and called him “father,” she also reportedly chastised him for his treatment of Chief Powhatan and her people.

In March 1617, Pocahontas, her husband and son set sail for Virginia. But they had hardly made progress when she became gravely ill and was taken ashore at Gravesend, England.

Pocahontas was buried at St. George’s church in Gravesend on March 21, 1617. Rolfe returned to Virginia, but her son Thomas remained with relatives in England. He returned almost two decades later at age 20 to claim inheritances from his

father and grandfather and became a successful gentleman tobacco farmer.

colonists declined rapidly.Much of Pocahontas’ life has been romanticized and sensationalized in movies and books. But written accounts and Native American oral history show she lived a brief yet significant life.

At the turn of the 17th century we have “the birth of the modern novel, the conception of the essay, the development of a market for printed plays, and the debut of the newspaper – all occurring within years of each other”.

“Print cemented the story … as the core institution of culture around the world”, informing everything from journalism and political propaganda to creative writing. A print culture built on linear narrative and the sequential ordering of content is gradually giving way to something altogether more chaotic.

“I see a rug being pulled out from under our understanding of the world: a crisis of cognition.

But he is no catastrophist, and even suggests it might do us good to reject the seductions of narrative and embrace new forms that are more truly reflective of life’s messy complexity.

Jarvis believes sensible technocratic solutions will help us ride out this epochal shift. We need to “establish flexible frameworks for oversight, collaborating with technology companies, their communities, regulators, civil society, and researchers.”

“To fight to eradicate bad speech is a distraction,” he writes. “In the history of Gutenberg’s age, what worked instead was the creation and expansion of institutions dedicated to nurturing, supporting, and sharing the best of what came of print: editing, publishing houses, criticism, and expansion of libraries and disciplines of humanities and arts in universities and schools.”

As The New Yorker’s Jay Caspian Kang writes, elite colleges’ affirmative action programs seemed “designed for a racially binary America” and “never got meaningfully updated for today’s multiracial democracy.” He argues that much of the public debate about the court’s decision seems stuck in that binary, too.

As Roberts and Gorsuch observe, these categories are in some ways too broad and in other ways too narrow

Perhaps the fundamental problem with these schools’ policies is their limited conception of the capacious and fluid nature of racial identity.

at Harvard, U.N.C. and other colleges that use the common admissions application, applicants are asked to choose one or more options from a list “to explain ‘how you identify yourself.’ The available choices are American Indian or Alaska Native; Asian; Black or African American; Native Hawaiian or Other Pacific Islander; Hispanic or Latino; or White,” adding, “Applicants can write in further details if they choose.”

He’s right. As I followed the case, it was this outdatedness that stuck in my craw

I will note a couple of points to undercut the liberal justices’ worry: First, it’s worth remembering that the decision’s impact is limited — as the sociologists Richard Arum and Mitchell Stevens argued recently in The Times, affirmative action mattered most for only a small group of the most selective colleges

Where do these categories come from? Gorsuch puts it pithily: “Bureaucrats.

Another instance of confusion came during oral argument, when U.N.C.’s attorney was asked which box a person from Jordan, Iraq, Iran or Egypt should check. He said he didn’t know, which seemed a pretty revealing answer: If U.N.C. doesn’t know what race a person of Middle Eastern descent is, should it really be making decisions based on race?

according to the American government, there is a correct answer to this question: Although some Arab American groups have lobbied to change the designation, people of Middle Eastern descent are officially classified as white.

the records suggests that Harvard also treated racial categories quite like stereotypes: Applicants of Asian descent were more likely than members of other racial categories to be labeled “standard strong,” meaning that admissions personnel determined they were academically qualified but otherwise unremarkable

Asian Americans scored better than other groups on academic and extracurricular measures, but Harvard’s admissions officers consistently gave Asians lower “personal” ratings than members of other groups. Harvard’s use of such subjective criteria to curb the number of Asian students admitted smacked of its efforts a century ago to keep out Jewish applicants it deemed unworthy of its “character and fitness” standards.

In dissent, the three liberal justices argued persuasively that the court’s ruling might significantly reduce enrollment of Black and Hispanic students at elite colleges. I agree this is a serious concern

Ignore if you can the ugly stereotyping — how the perfect SAT score would have been more impressive if the student had been “brown,” how “of course” it was an Asian kid who did so well, even if “still” impressive — and note the racial confusion: According to the colleges’ own categories, Asian includes brown people from, or whose forebears hailed from, the Indian subcontinent. But apparently U.N.C.’s officers’ mental picture didn’t match their official racial boxes.

The ruling presents us with another opportunity, too: To think about race more realistically, with far more specificity and precision. The 2020 census showed that America is growing more multiracial and more ethnically and racially diverse. We are far more than six categories on a demographic form — we contain multitudes, and we should recognize them.

“The ruling provides America with an opportunity to redirect the conversation from a relatively small number of schools and instead direct urgently needed attention to the vast middle and lower tiers of postsecondary education,” they wrote.

The military was also given positions of responsibility in the Wuhan institute, according to a US Senate report. A book published in 2015 by the military academy discusses how Sars viruses represent a “new era of genetic weapons” that can be “artificially manipulated into an emerging human disease virus, then weaponised and unleashed”.

The authors are PLA researchers, and one of the book’s editors has collaborated on numerous scientific papers with Wuhan scientists. They discuss how Sars can be weaponised by fusing it with other viruses and “serial passaging” the resulting mutant to make it more dangerous.

The investigators believe the Chinese military had taken an interest in developing a vaccine for the viruses so they could be used as potential bioweapons. If a country could inoculate its population against its own secret virus, it might have a weapon to shift the balance of world power.

The PLA had its own vaccine specialist, Zhou Yusen, a decorated military scientist at the academy, who had collaborated with the Wuhan scientists on a study of the Mers coronavirus and was working with them at the time of the outbreak.

Suspicion fell on him after the pandemic because he produced a patent for a Covid vaccine with remarkable speed in February 2020, little more than a month after the outbreak of the virus had first been admitted to the world by China.

In May 2020, aged just 54, Zhou appears to have died, a fact mentioned only in passing in a Chinese-media report and in a scientific paper that placed the word “deceased” in brackets after his name. Witnesses are said to have told the US investigation that Zhou fell from the roof of the Wuhan institute, although this has not been verified.

However, there was a no-go area: the Moijang mine. Seven of Hughes’s team headed to the mine in June 2020, including Camping Huang, the PhD student who had investigated the miners’ mystery illness soon after they died.

The investigators also saw communications intercepts that allegedly show three Wuhan institute researchers working at its level 3 laboratory on coronavirus gain-of-function work had fallen sick with coronavirus symptoms in the second week of November 2019, when many experts believe the pandemic began. One of the researchers’ family members later died.

An investigator said: “We were rock-solid confident that this was likely Covid-19 because they were working on advanced coronavirus research in the laboratory of Dr Shi. They’re trained biologists in their thirties and forties. Thirty-five-year-old scientists don’t get very sick with influenza.”

On November 19, the safety director of the Chinese Academy of Sciences made a visit, according to the institute’s website. He addressed a meeting of the institute’s leadership with important “oral and written” instructions from China’s president, Xi Jinping, regarding “a complex and grave situation”.

A later study by academics at Wuhan University located the hotspots in Wuhan where people were reporting on social media that they needed treatment for Covid. At the time, the authorities were eager to play down the suggestion that the city’s Huanan seafood market was the source of the outbreak; the study was used to show that the initial hotspots in December and January were several miles away.

When the study was first published, the Wuhan institute was not marked on the map it provided. So a report by the US Senate did just that — and found the institute right next to the biggest hotspot in the month before the province was locked down on January 23. The first case in Britain was recorded a week later.

Even before the West was told a mysterious virus was killing people in Wuhan, the Chinese authorities were beginning an information clampdown.

In the first months of the pandemic, there was a strong desire among Chinese scientists to head off to the bat caves in Yunnan to see whether they could find a place where Covid may have originated.

One of the investigator sources said the secret military-funded experiments on the mine virus, RaTG13, began in 2016. At around that time, the Wuhan institute became even less open about its work and mostly stopped revealing any new coronaviruses it discovered. In the lead-up to the pandemic, the Wuhan institute frequently experimented on coronaviruses alongside the Academy of Military Medical Sciences, a research arm of the People’s Liberation Army (PLA). In published papers, military scientists are listed as working for the Beijing Institute of Microbiology and Epidemiology, which is the military academy’s base.

When they arrived, they were told the Moijang mine was closed, so they sampled bats in another abandoned copper mine nearby. On the first day of their work, police arrived, seized the samples and took them to their station, where they were interrogated and detained for 48 hours.

Officers also went to their hotel and seized the samples they had collected from elsewhere. Even though the team had approval to test in the area, they were ordered to leave. “We did provide documentation to show we were there legally,” said Hughes. “But there was just too much fear and so they didn’t release those samples.”

Most coronavirus experts in China, she said, were too fearful of the consequences to examine Covid’s origins. “They haven’t touched it because of the risks associated with working on it.

. In May, David Banks, the chancellor of New York City’s public schools, for many years a stronghold of “whole language” instruction, announced a sharp pivot toward phonics, a major victory for the “science of reading” movement and a blow to devotees of entrenched “balanced literacy” methods

As corporate management models and zealous state legislatures refashion the academy into a gated outpost of the gig economy, the humanities have lost their luster for undergraduates. According to reports in The New Yorker and elsewhere, fewer and fewer students are majoring in English, and many of those who do (along with their teachers) have turned away from canonical works of literature toward contemporary writing and pop culture. Is anyone reading “Paradise Lost” anymore? Are you?

While we binge and scroll and D.M., the robots, who are doing more and more of our writing, may also be taking over our reading.

There is so much to worry about. A quintessentially human activity is being outsourced to machines that don’t care about phonics or politics or beauty or truth. A precious domain of imaginative and intellectual freedom is menaced by crude authoritarian politics. Exposure to the wrong words is corrupting our children, who aren’t even learning how to decipher the right ones. Our attention spans have been chopped up and commodified, sold off piecemeal to platforms and algorithms. We’re too busy, too lazy, too preoccupied to lose ourselves in books.

the fact that the present situation has a history doesn’t mean that it isn’t rea

the reading crisis isn’t simply another culture-war combat zone. It reflects a deep ambivalence about reading itself, a crack in the foundations of modern consciousness.

Just what is reading, anyway? What is it for? Why is it something to argue and worry about? Reading isn’t synonymous with literacy, which is one of the necessary skills of contemporary existence. Nor is it identical with literature, which designates a body of written work endowed with a special if sometimes elusive prestige.

Is any other common human undertaking so riddled with contradiction? Reading is supposed to teach us who we are and help us forget ourselves, to enchant and disenchant, to make us more worldly, more introspective, more empathetic and more intelligent. It’s a private, even intimate act, swathed in silence and solitude, and at the same time a social undertaking. It’s democratic and elitist, soothing and challenging, something we do for its own sake and as a means to various cultural, material and moral ends.

Fun and fundamental: Together, those words express a familiar utilitarian, utopian promise — the faith that what we enjoy doing will turn out to be what we need to do, that our pleasures and our responsibilities will turn out to be one and the same. It’s not only good; it’s good for you.

Reading is, fundamentally, both a tool and a toy. It’s essential to social progress, democratic citizenship, good government and general enlightenment.

It’s also the most fantastically, sublimely, prodigiously useless pastime ever invented

Teachers, politicians, literary critics and other vested authorities labor mightily to separate the edifying wheat from the distracting chaff, to control, police, correct and corral the transgressive energies that propel the turning of pages.

His despair mirrors his earlier exhilaration and arises from the same source. “I envied my fellow-slaves for their stupidity. I have often wished myself a beast. I preferred the condition of the meanest reptile to my own. Any thing, no matter what, to get rid of thinking!”

Reading is a relatively novel addition to the human repertoire — less than 6,000 years old — and the idea that it might be available to everybody is a very recent innovation

Written language, associated with the rise of states and the spread of commerce, was useful for trade, helpful in the administration of government and integral to some religious practices. Writing was a medium for lawmaking, record-keeping and scripture, and reading was the province of priests, bureaucrats and functionaries.

For most of history, that is, universal literacy was a contradiction in terms. The Latin word literatus designated a member of the learned elite

Anyone could learn to do it, but the mechanisms of learning were denied to most people on the grounds of caste, occupation or gender.

According to Steven Roger Fischer’s lively and informative “A History of Reading” (2003), “Western Europe began the transition from an oral to a literate society in the early Middle Ages, starting with society’s top rungs — aristocracy and clergy — and finally including everyone else around 1,200 years later.”

. The print revolution catalyzed a global market that flourishes to this day: Books became commodities, and readers became consumers.

For Fischer, as for many authors of long-range synthetic macrohistories, the story of reading is a chronicle of progress, the almost mythic tale of a latent superpower unlocked for the benefit of mankind.

“If extraordinary human faculties and powers do lie dormant until a social innovation calls them into life,” he writes, “perhaps this might help to explain humanity’s constant advancement.” “Reading,” he concludes, “had become our union card to humanity.”

For one thing, the older, restrictive model of literacy as an elite prerogative proved to be tenacious

The novel, more than any other genre, catered to this market. Like every other development in modern popular culture, it provoked a measure of social unease. Novels, at best a source of harmless amusement and mild moral instruction, were at worst — from the pens of the wrong writers, or in the hands of the wrong readers — both invitations to vice and a vice unto themselves

More consequential — and more revealing of the destabilizing power of reading — was the fear of literacy among the laboring classes in Europe and America. “Reading, writing and arithmetic,” the Enlightenment political theorist Bernard Mandeville asserted, were “very pernicious to the poor” because education would breed restlessness and disconte

“It was unlawful, as well as unsafe, to teach a slave to read,” Frederick Douglass writes in his “Narrative of the Life” recalling the admonitions of one of his masters, whose wife had started teaching young Frederick his letters. If she persisted, the master explained, their chattel would “become unmanageable, and of no value to his master. As to himself, it could do him no good, but a great deal of harm. It would make him discontented and unhappy.”

“As I read and contemplated the subject, behold! that very discontentment which Master Hugh had predicted would follow my learning to read had already come, to torment and sting my soul to unutterable anguish. As I writhed under it, I would at times feel that learning to read had been a curse rather than a blessing.”

The crisis is what happens either when those efforts succeed or when they fail. Everyone likes reading, and everyone is afraid of it.

Douglass’s literary genius resides in the way he uses close attention to his own situation to arrive at the essence of things — to crack the moral nut of slavery and, in this case, to peel back the epistemological husk of freedom.

He has freed his mind, but the rest has not followed. In time it would, but freedom itself brings him uncertainty and terror, an understanding of his own humanity that is embattled and incomplete.

Here, the autobiographical touches on the mythic, specifically on the myth of Prometheus, whose theft of fire — a curse as well as a blessing bestowed on a bumbling, desperate species — is a primal metaphor for reading.

A school, however benevolently conceived and humanely administered, is a place of authority, where the energies of the young are regulated, their imaginations pruned and trained into conformity. As such, it will inevitably provoke resistance, rebellion and outright refusal on the part of its wards

Schools exist to stifle freedom, and also to inculcate it, a dialectic that is the essence of true education. Reading, more than any other discipline, is the engine of this process, precisely because it escapes the control of those in charge.

Apostles of reading like to quote Franz Kafka’s aphorism that “a book must be the ax for the frozen sea within us.” By itself, the violence of the metaphor is tempered by its therapeutic implication.

Kafka’s previous sentence: “What we need are books that hit us like the most painful misfortune, like the death of someone we loved more than we love ourselves, that make us feel as though we had been banished to the woods, far from any human presence, like a suicide.”

Are those the books you want in your child’s classroom? To read in this way is to go against the grain, to feel oneself at odds, alienated, alone. Schools exist to suppress those feelings, to blunt the ax and gently thaw the sea

That is important work, but it’s equally critical for that work to be subverted, for the full destructive potential of reading to lie in reach of innocent hands.

Roland Barthes distinguished between two kinds of literary work:

Text of pleasure: the text that contents, fills, grants euphoria: the text that comes from culture and does not break with it, is linked to a comfortable practice of reading. Text of bliss: the text that imposes a state of loss, the text that discomforts (perhaps to the point of a certain boredom), unsettles the reader’s historical, cultural, psychological assumptions, the consistency of his tastes, values, memories, brings to a crisis his relation with language.

he is really describing modalities of reading. To a member of the slaveholding Southern gentry, “The Columbian Orator” is a text of pleasure, a book that may challenge and surprise him in places, but that does not undermine his sense of the world or his place in it. For Frederick Douglass, it is a text of bliss, “bringing to crisis” (as Barthes would put it) his relation not only to language but to himself.

If you’ll forgive a Dungeons and Dragons reference, it might help to think of these types of reading as lawful and chaotic.

Lawful reading rests on the certainty that reading is good for us, and that it will make us better people. We read to see ourselves represented, to learn about others, to find comfort and enjoyment and instruction. Reading is fun! It’s good and good for you.

Chaotic reading is something else. It isn’t bad so much as unjustified, useless, unreasonable, ungoverned. Defenses of this kind of reading, which are sometimes the memoirs of a certain kind of reader, favor words like promiscuous, voracious, indiscriminate and compulsive.

Bibliophilia is lawful. Bibliomania is chaotic.

The point is not to choose between them: This is a lawful publication staffed by chaotic readers. In that way, it resembles a great many English departments, bookstores, households and classrooms. Here, the crisis never ends. Or rather, it will end when we stop reading. Which is why we can’t.

Curley, a lawyer and former Army colonel, oversees the police officers at the building. She is best known to the public as the person who chants, "Oyez! Oyez! Oyez!" at the beginning of the justices' oral argument sessions. The marshal's office would not normally examine the details of cell phone data or engage in a broad-scale investigation of personnel.The investigation comes at the busiest time in the court's annual term, when relations among the justices are already taut. Assisted by their law clerks, the justices are pressing toward late June deadlines, trying to resolve differences in the toughest cases, all with new pressures and public scrutiny.

The draft opinion in the case of Dobbs v. Jackson Women's Health Organization was written by Justice Samuel Alito and appeared to have a five-justice majority to completely reverse the 1973 Roe v. Wade decision. That landmark ruling made abortion legal nationwide and buttressed other privacy interests not expressly stated in the Constitution. Some law professors have warned that if Roe is reversed, the Supreme Court's 2015 decision declaring a constitutional right to same-sex marriage could be in jeopardy.

As the justices continue their secret negotiations, the scrutiny of the law clerks is heating up.The clerks have been the subject of much of the outside speculation over who might have disclosed the draft, but they are not the only insiders who had access. Alito's opinion, labeled a first draft and dated February 10, would have been circulated to the nine justices, their clerks, and key staffers within each justice's chambers and select administrative offices.

Cell phones, of course, hold an enormous amount of information, related to personal interactions, involving all manner of content, texts and images, as well as apps used. It is uncertain whether details linked only to calls would be sought or whether a broader retrieval would occur.

Court officials are secretive even in normal times. No progress reports related to the leak investigation have been made public, and it is not clear whether any report from the probe will ever be released.

Raff takes the reader from underground caverns in Belize to a clean lab at the University of Kansas where ancient DNA is tediously teased from old bones. She explains difficult to understand concepts — geoarchaeology, coalescence times, biodistance — with well-placed sidebars. The book is richly referenced, and informative footnotes and endnotes give readers an opportunity to take a deeper dive if they wish.

Raff effectively models how science is done, how hypotheses are tested, and how new data are used to refute old ideas and generate new ones.

Given the fast and furious pace of discovery in this field, Raff is clear that not everyone will agree with her interpretations of the data. “All scientists must hold themselves open to the possibility that we could be wrong, and it may very well be that in five, 10 or 20 years, this book will be as out of date as any other,” she writes. “That possibility is what makes working in this field so rewarding.” That, she explains, is how science is done.

Jennifer Raff is a well-published scholar and accomplished scientific communicator who has contributed important insights into the genetic history and movement patterns of Indigenous Americans. She is at the forefront of a culture change in our science. And now she has written the book anyone interested in the peopling of the Americas must read.

Nothing in his background seems to have brought him to this troubling point. Mr. Bechtolsheim was one of those who gave Silicon Valley its reputation as an engineer’s paradise, a place where getting rich was just something that happened by accident.

“He cared so much about making great technology that he would buy a house, not furnish it and sleep on a futon,” said Scott McNealy, who joined with Mr. Bechtolsheim four decades ago to create Sun Microsystems, a maker of computer workstations and servers that was a longtime tech powerhouse. “Money was not how he measured himself.”

researchers who analyze trading data say corporate executives broadly profit from confidential information. These executives try to avoid traditional insider trading restrictions by buying shares in economically linked firms, a phenomenon called “shadow trading.”

“There appears to be significant profits being made from shadow trading,” said Mihir N. Mehta, an assistant professor of accounting at the University of Michigan and an author of a 2021 study in The Accounting Review that found “robust evidence” of the behavior. “The people doing it have a sense of entitlement or maybe just think, ‘I’m invincible.’”

He went to Stanford as a Ph.D. student in the mid-1970s and got to know the then-small programming community around the university. In the early 1980s, he, along with Mr. McNealy, Vinod Khosla and Bill Joy, started Sun Microsystems as an outgrowth of a Stanford project. When Sun initially raised money, Mr. Bechtolsheim put his entire life savings — about $100,000 — into the company.

“You could end up losing all your money,” he was warned by the venture capitalists financing Sun. His response: “I see zero risk here.”

An impromptu demonstration was hastily arranged for 8 a.m., which Mr. Bechtolsheim cut short. He had seen enough, and besides, he had to get to the office. He gave them a check, and the deal was sealed, Mr. Levy wrote, “with as little fanfare as if he were grabbing a latte on the way to work.

Mr. Page and Mr. Brin couldn’t deposit Mr. Bechtolsheim’s check for a month because Google did not have a bank account. When Google went public in 2004, that $100,000 investment was worth at least $1 billion.

It wasn’t the money that made the story famous, however. It was the way it confirmed one of Silicon Valley’s most cherished beliefs about itself: that its genius is so blindingly obvious, questions are superfluous.

The dot-com boom was a disorienting period for longtime Valley leaders whose interest in money was muted. Mr. Bechtolsheim’s Sun colleague Mr. Joy left Silicon Valley.

“There’s so much money around, it’s clouding a lot of people’s ethics,” Mr. Joy said in a 1999 oral history

Mr. Bechtolsheim didn’t leave. In 2008, he co-founded Arista, a Silicon Valley computer networking company that went public and now has 4,000 employees and a stock market value of $100 billion.

Mr. Bechtolsheim was chair of Arista’s board when an executive from another company called in 2019, according to the S.E.C. Arista and the other company, which was not named in court documents, had a history of sharing confidential information under nondisclosure agreements.

immediately after hanging up, the government said, he bought Acacia option contracts in the accounts of a close relative and a colleague. The next day, the deal was announced. Acacia shares jumped 35 percent.

Arista’s code of conduct states that “employees who possess material, nonpublic information gained through their work at Arista may not trade in Arista securities or the securities of another company to which the information pertains.”

Mr. Levy, the “In the Plex” author, said there were plenty of legal ways to make money in Silicon Valley. “Someone who is regarded as an influential funder and is very well connected gets nearly unlimited opportunities to make very desirable early investments,”