.jpg&w=1920&q=75)
Amid a big day of Supreme Court rulings on trans student athletes and birthright citizenship yesterday, June 30, a fascinating side story emerged. National Public Radio ran a story by their legendary Supreme Court reporter, Nina Totenberg, that Justice Samuel Alito had resigned from the Court. What’s interesting is that Alito did not resign. Totenberg submitted a story about a resignation that didn’t happen – pre-written with a bow – then NPR editors ran it without corroboration or confirmation.
Later in the day, the reporter and her editor appeared on the “All Things Considered” show, revealing nothing and increasing speculation about what drove the false reporting. Perhaps what happened is not political or ideologically driven – after all, mistakes happen frequently enough, even major ones. If this were a reporter with a neutral track record, the story wouldn’t be much of a story. But NPR and Totenberg have been criticized by conservatives as left-wing activists rather than journalists.
Neutrality at Its Finest
Totenberg has been at the center of several sensational Supreme Court stories. Curiously, they all seem to accrue electoral benefits for Democrats. Ms. Totenberg’s reporting on Supreme Court nominee Douglas H. Ginsburg’s marijuana use scuttled the Reagan nominee. She was instrumental in Clarence Thomas’ “high-tech lynching” as the reporter who broke Anita Hill’s explosive accusations.
NPR’s Supreme Court reporter was friends with Ruth Bader Ginsburg. That friendship started in 1971, and by the time Ginsburg was an appeals court judge, they were thick as thieves. Later, in 2000, when the then-widow Totenberg was to be remarried, it was Justice Ginsburg who officiated. Readers learned of all this the day after Justice Ruth Bader Ginsburg died. NPR Public Editor Kelly McBride would later write, “NPR leaves open the possibility that there is one set of standards for senior, elite journalists, and another set of standards for the rest of the staff.”
Message in a Bottle: Alito’s Note From Totenberg
At first blush, it seems NPR abandoned any semblance of editorial standards concerning Ms. Totenberg’s reporting. Her appearance on the radio later Tuesday included NPR’s editor-in-chief, Thomas Evans. Why did this story go live? What happened? We never learn. Instead, Totenberg read a note she sent to Justice Alito:
BQ
“I rushed out of the courtroom after the opinion announcements, and when I realized that the usual rush of folks, after a few minutes, had not happened, I asked somebody what was going on inside, to which the answer was ‘retirement announcements.’ I didn’t hear the 's' on "announcements" and assumed - something no reporter should ever do - that you were retiring.”
Then NPR posted a 1,000+-word story, clearly written long before Tuesday morning. While Ms. Totenberg would be loath to reveal any sources, it’s journalistic malpractice, or gaslighting, for the other reporters at NPR not to ask the question. The political implications for the November congressional elections are existential if any Supreme Court Justice were to retire. Accepting the popular wisdom that Republicans are on a path to retaining the Senate, any major disruption is good news for their rivals.
Justice Alito turned 76 this year and has been on the Court for 20 years. He hasn’t spoken of retiring, and reports indicate he has hired law clerks for the next term, a strong indicator he is unlikely to leave now. The Rescissions Act of 2025 is a federal law signed into law by President Trump on July 24, 2025. It effectively canceled NPR’s federal funding. Before the recission, arguably 40-45 million in taxpayer funds went to sustain NPR.
