Nina Totenberg

Nina Totenberg is NPR's award-winning legal affairs correspondent. Her reports air regularly on NPR's critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition.

Totenberg's coverage of the Supreme Court and legal affairs has won her widespread recognition. Newsweek says, "The mainstays [of NPR] are Morning Edition and All Things Considered. But the creme de la creme is Nina Totenberg." She is also a regular panelist on Inside Washington, a weekly syndicated public affairs television program produced in the nation's capital.

In 1991, her ground-breaking report about University of Oklahoma Law Professor Anita Hill's allegations of sexual harassment by Judge Clarence Thomas led the Senate Judiciary Committee to re-open Thomas's Supreme Court confirmation hearings to consider Hill's charges. NPR received the prestigious George Foster Peabody Award for its gavel-to-gavel coverage — anchored by Totenberg — of both the original hearings and the inquiry into Anita Hill's allegations, and for Totenberg's reports and exclusive interview with Hill.

That same coverage earned Totenberg additional awards, among them: the Long Island University George Polk Award for excellence in journalism; the Sigma Delta Chi Award from the Society of Professional Journalists for investigative reporting; the Carr Van Anda Award from the Scripps School of Journalism; and the prestigious Joan S. Barone Award for excellence in Washington-based national affairs/public policy reporting, which also acknowledged her coverage of Justice Thurgood Marshall's retirement.

Totenberg was named Broadcaster of the Year and honored with the 1998 Sol Taishoff Award for Excellence in Broadcasting from the National Press Foundation. She is the first radio journalist to receive the award. She is also the recipient of the American Judicature Society's first-ever award honoring a career body of work in the field of journalism and the law. In 1988, Totenberg won the Alfred I. duPont-Columbia University Silver Baton for her coverage of Supreme Court nominations. The jurors of the award stated, "Ms. Totenberg broke the story of Judge (Douglas) Ginsburg's use of marijuana, raising issues of changing social values and credibility with careful perspective under deadline pressure."

Totenberg has been honored seven times by the American Bar Association for continued excellence in legal reporting and has received a number of honorary degrees. On a lighter note, in 1992 and 1988 Esquire magazine named her one of the "Women We Love".

A frequent contributor to major newspapers and periodicals, she has published articles in The New York Times Magazine, The Harvard Law Review, The Christian Science Monitor, Parade Magazine, New York Magazine, and others.

Before joining NPR in 1975, Totenberg served as Washington editor of New Times Magazine, and before that she was the legal affairs correspondent for the National Observer.

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Law
5:12 pm
Mon March 25, 2013

Supreme Court To Examine State Ban On Affirmative Action

A scene outside the Supreme Court on Monday, as the justices announced they would hear another case involving affirmative action in higher education. Many of those waiting in line at the court in a late-season snowfall were hoping to attend oral arguments on gay-marriage cases being heard Tuesday and Wednesday.
Jose Luis Magana AP

Originally published on Wed March 27, 2013 5:59 pm

As the national spotlight turns to the U.S. Supreme Court this week with two historic arguments on same-sex marriage, the court on Monday made headlines on another high-profile issue: affirmative action.

Just 10 years ago a narrow court majority upheld affirmative action programs in higher education in an opinion written by Justice Sandra Day O'Connor. But ever since O'Connor retired and was replaced by the more conservative Justice Samuel Alito, the court has been on a steady march to get rid of all race-conscious programs.

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Law
3:15 am
Mon March 25, 2013

Supreme Court Hears 'Pay To Delay' Pharmaceutical Case

The Supreme Court takes up a case Monday about whether brand-name drug manufacturers can pay generic drug manufacturers to keep generics off the market.
iStockphoto.com

Originally published on Mon March 25, 2013 9:39 am

The U.S. Supreme Court hears arguments Monday in a case worth billions of dollars to pharmaceutical companies and American consumers. The issue is whether brand-name drug manufacturers may pay generic drug manufacturers to keep generics off the market. These payments — a form of settlement in patent litigation — began to blossom about a decade ago when the courts, for the first time, appeared to bless them.

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Same-Sex Marriage And The Supreme Court
5:33 am
Sun March 24, 2013

Former Bush Aide Pushes 'Conservative Case' For Gay Marriage

Ken Mehlman, then chairman of the Republican National Committee, speaks during a meeting at the Capitol Hilton in January 2006 in Washington, D.C.
Chip Somodevilla Getty Images

Originally published on Sun March 24, 2013 8:05 am

One hundred thirty-one prominent Republicans have signed a pro-same-sex marriage legal brief that is clearly at odds with the House GOP leadership and the party's platform in the most recent election. Because of the prominence of the signers, the brief stands out among the more than 150 friend-of-the-court briefs filed in two same-sex marriage cases to be argued at the U.S. Supreme Court this week.

The man who rounded up the group is Ken Mehlman, the former political director for the George W. Bush White House.

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Same-Sex Marriage And The Supreme Court
4:37 pm
Thu March 21, 2013

Meet The 83-Year-Old Taking On The U.S. Over Same-Sex Marriage

Edith Windsor in her New York City apartment in December 2012. Next week, the U.S. Supreme Court hears her challenge to the 1996 Defense of Marriage Act.
Richard Drew AP

Originally published on Thu March 21, 2013 8:34 pm

The tiny dynamo asking the U.S. Supreme Court to turn the world upside down looks nothing like a fearless pioneer. At age 83, Edith Windsor dresses in classic, tailored clothes, usually with a long string of pearls, and she sports a well-coiffed, shoulder-length flip. She looks, for all the world, like a proper New York City lady.

Proper she may be, and a lady, but Windsor, who likes to be called Edie, is making history, challenging the federal Defense of Marriage Act, known as DOMA. The law bans federal recognition and benefits for legally married same-sex couples.

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The Two-Way
3:46 pm
Tue March 19, 2013

Supreme Court OKs Discounted Resale Of 'Gray Market' Goods

People stand in line outside the U.S. Supreme Court on Monday.
Chip Somodevilla Getty Images

Originally published on Tue March 19, 2013 7:51 pm

The Supreme Court ruled on Tuesday that U.S. companies that make and sell products abroad cannot prevent those items from being resold in the U.S.

The 6-3 decision — likely worth billions, even trillions of dollars — could have repercussions that extend from U.S. trade policy to local yard sales.

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Law
5:02 pm
Mon March 18, 2013

Supreme Court Tests Limits Of Voter Registration Law

Arizona Attorney General Thomas Horne talks with reporters outside the U.S. Supreme Court after oral arguments in the case challenging Arizona's voter registration law on Monday.
Chip Somodevilla Getty Images

Originally published on Mon March 18, 2013 6:57 pm

The U.S. Supreme Court heard arguments Monday in a case that seeks to redefine a federal law aimed at streamlining the nation's voter registration process.

Congress enacted the law 20 years ago after it found that 40 percent of eligible voters were not registered to vote. Under the 1993 National Voter Registration Act, people can register by mail to vote in federal elections using a standard federal form. The form, among other things, asks prospective voters whether they are U.S. citizens and requires them to sign to the statement, under penalty of perjury.

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Law
3:19 am
Mon March 18, 2013

Can States Go Beyond Federal Law On Voter Registration?

A voter fills out her ballot during early voting before the 2012 presidential election at the Gila County Recorder's Office in Globe, Ariz., on Oct. 26.
Joshua Lott Reuters/Landov

Originally published on Mon March 18, 2013 12:38 pm

The U.S. Supreme Court hears arguments Monday in a case that could upend the federal effort to spur and streamline voter registration.

At issue is an Arizona law that requires prospective voters to provide proof of citizenship when they register to vote. A federal appeals court ruled last year that the state law must fall because it conflicts with federal law.

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Law
3:00 am
Fri March 1, 2013

Administration Asks Supreme Court To End Calif. Gay-Marriage Ban

Originally published on Fri March 1, 2013 8:47 am

The Obama administration has filed a friend of the court brief urging the U.S. Supreme Court to strike down California's ban on gay marriage as a denial of "equal protection under the law." But the brief does not call for the abolition of all state bans on same-sex marriage.

The case now before the high court tests the constitutionality of California's Proposition 8, a referendum narrowly passed by voters in 2008 that reinstituted a ban on gay marriage.

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Law
7:29 pm
Thu February 28, 2013

Obama Administration Brief Doesn't Call For End To Bans On Gay Marriage

Transcript

AUDIE CORNISH, HOST:

From NPR News, this is ALL THINGS CONSIDERED. I'm Audie Cornish. This evening, the Obama administration filed a friend of the court brief urging the U.S. Supreme Court to strike down California's ban on gay marriage, but the brief does not call for abolition of bans on same-sex marriage across the country. NPR legal affairs correspondent Nina Totenberg joins us in the studio. And, Nina, just to start, remind us quickly how this case actually came to be.

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Law
3:03 am
Wed February 27, 2013

Supreme Court Weighs Future Of Voting Rights Act

The Supreme Court on Wednesday weighs the future of a key provision of the landmark Voting Rights Act.
Carolyn Kaster AP

Originally published on Wed February 27, 2013 8:48 am

Once again, race is front and center at the U.S. Supreme Court on Wednesday. And once again, the bull's eye is the 1965 Voting Rights Act, widely viewed as the most effective and successful civil rights legislation in American history. Upheld five times by the court, the law now appears to be on life support.

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Law
3:23 am
Tue February 26, 2013

Supreme Court Considers If Warrantless DNA Swab Violates Constitution

On Tuesday, the U.S. Supreme Court hears arguments in a case about the collection of DNA evidence, and whether the Fourth Amendment prohibits police from obtaining DNA samples before conviction without a warrant.
Chip Somodevilla Getty Images

Originally published on Tue February 26, 2013 9:44 am

The U.S. Supreme Court hears arguments on Tuesday in a case that could throw a monkey wrench into the widespread use of DNA testing — a case that pits modern technology against notions of personal privacy.

Twenty-eight states and the federal government have enacted laws that provide for automatic DNA collection from people at the time of their arrest. The question is whether it is unconstitutional to do that without a warrant, for the sole purpose of checking the DNA against a national DNA crime scene database.

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It's All Politics
5:13 am
Sat February 23, 2013

States Take Sides As Court Revisits Voting Rights Act

President Lyndon Johnson and civil rights leader Martin Luther King Jr. discuss the Voting Rights Act in 1965. On Wednesday, the Supreme Court hears arguments on whether a key part of the law is still needed nearly a half century after its passage.
Hulton Archive Getty Images

The U.S. Supreme Court hears arguments next week in a case that tests the constitutionality of the 1965 Voting Rights Act, the law considered the most effective civil rights statute in American history. At issue is whether a key provision of the statute has outlived its usefulness.

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Law
3:17 am
Tue February 19, 2013

Prisoner's Handwritten Petition Prompts Justices To Weigh Government Immunity

The U.S. Supreme Court
J. Scott Applewhite AP

Originally published on Tue February 19, 2013 12:33 pm

This year marks the 50th anniversary of Gideon v. Wainwright, the Supreme Court's landmark decision requiring the states to provide lawyers for poor people accused of committing crimes. Clarence Gideon, the defendant in that case, wrote his own petition to the high court in longhand, and Tuesday, the Supreme Court is hearing the case of another defendant who, in the longest of long shots, filed a handwritten petition from prison asking the justices for their help.

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Law
2:39 pm
Fri February 8, 2013

Obama Team To Make Important, If Symbolic, Choice On Gay Marriage

People wait in line to enter the Supreme Court as the term began in October.
Carolyn Kaster AP

Originally published on Fri February 8, 2013 7:09 pm

The Obama administration faces tricky political and legal questions on the subject of gay marriage. By the end of this month, the federal government is expected to file not just one but two briefs in a pair of same-sex marriage cases at the U.S. Supreme Court.

But it is the Proposition 8 case from California that poses the thornier questions for the administration — questions so difficult that the president himself is expected to make the final decision on what arguments the Justice Department will make in the Supreme Court.

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Books
3:51 pm
Wed January 30, 2013

Sotomayor's Memoir Already A Best-Seller

Originally published on Thu January 31, 2013 3:27 pm

Supreme Court Justice Sonia Sotomayor's memoir is riding high, topping the New York Times best-seller list in its first week of sales.

My Beloved World, Sotomayor's account of her path from the tenements of the Bronx to the U.S. Supreme Court, is on track to outdistance even the best-selling books of other justices.

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Inauguration 2013
12:27 am
Sun January 20, 2013

The Presidential Oath: Not Always Perfect, But It Gets The Job Done

Barack Obama takes the oath of office beside his wife Michelle and daughters Sasha, right, and Malia, at the U.S. Capitol in Washington on Jan. 20, 2009.
Chuck Kennedy AP

Originally published on Sun January 20, 2013 6:20 pm

President Obama takes the oath of office for a second term on Sunday and Monday. By the time he is through Monday, he and President Franklin D. Roosevelt will be the only two presidents to have taken the presidential oath four times — Roosevelt because he was elected four times, and Obama because he will have taken the oath twice the first time and twice the second.

Obama took the oath twice in 2009 because he and Chief Justice John Roberts messed it up a bit the first time and redid it a second time in private to quell any questions about Obama being president.

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The Sotomayor Interview
7:00 am
Sat January 12, 2013

A Justice Deliberates: Sotomayor On Love, Health And Family

Supreme Court Justice Sonia Sotomayor spoke with NPR in December at the Supreme Court in Washington, D.C.
Kainaz Amaria NPR

Originally published on Mon January 14, 2013 3:27 pm

Supreme Court Justice Sonia Sotomayor readily concedes that she was the beneficiary of affirmative action in higher education, and she doesn't really know why her view is so different from that of her colleague, Justice Clarence Thomas.

"As much as I know Clarence, admire him and have grown to appreciate him," she says, "I have never ever focused on the negative of things. I always look at the positive. And I know one thing: If affirmative action opened the doors for me at Princeton, once I got in, I did the work. I proved myself worthy. So, I don't look at how the door opened."

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Law
3:31 am
Wed January 9, 2013

Can Police Force Drunken Driving Suspects To Take Blood Tests?

A photographic screen hangs in front of the U.S. Supreme Court, which is undergoing renovations. On Wednesday, the justices will hear arguments in a case that asks whether police without a warrant can administer a blood test to a suspected drunken driver.
Greg E. Mathieson MAI/Landov

Originally published on Wed January 9, 2013 1:32 pm

The U.S. Supreme Court hears arguments Wednesday in a case testing whether police must get a warrant before forcing a drunken driving suspect to have his blood drawn.

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It's All Politics
4:36 pm
Wed December 19, 2012

Robert Bork's Supreme Court Nomination 'Changed Everything, Maybe Forever'

Robert Bork, nominated by President Reagan to the Supreme Court, is sworn in before the Senate Judiciary Committee at his confirmation hearing, Sept. 15, 1987.
John Duricka AP

Originally published on Wed December 19, 2012 8:31 pm

Robert Bork, whose failed Supreme Court nomination provoked a lasting partisan divide over judicial nominations, died Wednesday at age 85.

A former federal judge and conservative legal theorist, he subsequently became a hero to modern-day conservatives. And as solicitor general in the Nixon administration, he played a small but crucial role in the Watergate crisis. In what came to be known as the Saturday Night Massacre, he fired Special Prosecutor Archibald Cox after the attorney general and deputy attorney general refused President Nixon's firing order and quit.

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Law
5:53 pm
Fri December 7, 2012

Supreme Court Takes Up Same-Sex-Marriage Cases

Edith Windsor, 83, is asking the Supreme Court to strike down the federal Defense of Marriage Act. When Windsor's female spouse died, the federal government, acting under DOMA, required Windsor to pay estate taxes that she would not have owed if her spouse had been a man.
Richard Drew AP

Originally published on Fri December 7, 2012 11:50 pm

The U.S. Supreme Court announced Friday that for the first time it will tackle the issue of same-sex marriage. Defying most expectations, the justices said they will examine two cases, presenting the possibility that the court could decide all the basic issues surrounding same-sex marriage in one fell swoop.

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Around the Nation
2:34 pm
Tue November 27, 2012

Kennedy Center's New Organ No Longer A Pipe Dream

After years of waiting, the Kennedy Center has a new symphonic organ replacing its old Filene organ. The $2 million project will culminate in the organ's debut on Nov. 27. William Neil (left), the National Symphony Orchestra organist, speaks with NSO Assistant Conductor Ankush Kumar Bahl (center) during the organ's test with the orchestra on Oct. 18.
Kainaz Amaria NPR

Originally published on Wed November 28, 2012 9:16 am

It was almost spooky. Each night after 11 p.m., when nothing was stirring in the Kennedy Center Concert Hall, two men would enter. One would sit at the organ, playing a key or series of keys, and the other would crawl around inside the organ pipes, 40 feet off the floor. The process went on for months.

It was the all but final phase of installing a new organ for the Kennedy Center for the Performing Arts in Washington, D.C. And on Nov. 27, the organ makes its formal debut.

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Law
5:00 pm
Mon November 26, 2012

Who's A Supervisor When It Comes To Harassment?

The U.S. Supreme Court building in Washington, D.C.
Chip Somodevilla Getty Images

Originally published on Mon November 26, 2012 8:31 pm

The U.S. Supreme Court heard arguments Monday in a case that asks the justices to define who is a "supervisor" when the issue is harassment in the workplace. The definition is important because employers are automatically liable for damages in most cases in which a supervisor harasses a subordinate.

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The Two-Way
5:16 am
Mon November 26, 2012

Supreme Court To Look At Who Is A 'Supervisor' In Harassment Cases

Originally published on Mon November 26, 2012 9:44 am

The U.S. Supreme Court this week takes up the question of who qualifies as a supervisor when the issue is harassment in the workplace. The court's answer to that question could significantly restrict employer liability in racial and sexual harassment cases, or, in the view of some business organizations, it could result in frivolous litigation.

The facts of the particular case before the court Monday are, to say the least, in dispute.

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Law
5:54 pm
Wed October 31, 2012

Drug-Sniffing Dogs Take Center Stage At High Court

Miami-Dade Detective Douglas Bartelt and narcotics detector canine Franky give a demonstration in Miami in 2011.
Alan Diaz AP

Originally published on Wed October 31, 2012 6:53 pm

The U.S. Supreme Court heard arguments in two cases Wednesday testing what, if any, limits there are to the police using drug-sniffing dogs. By the close of two hours of argument, it looked very much as though the court would rule against the use of drug-sniffing dogs without a warrant in one case, but not the other.

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Law
4:25 am
Wed October 31, 2012

Can Drug-Sniffing Dog Prompt Home Search?

Miami-Dade narcotics detector canine Franky, who came out of retirement to give a demonstration, sniffs marijuana in Miami in 2011. Franky's supersensitive nose is at the heart of a question being put to the U.S. Supreme Court: Does a police K-9's sniff outside a house give officers the right to get a search warrant for illegal drugs?
Alan Diaz AP

Originally published on Wed October 31, 2012 8:52 am

You can already hear all the likely jokes at the Supreme Court, about the justices going to the dogs. But the issue being argued Wednesday is deadly serious: whether police can take a trained drug-detection dog up to a house to smell for drugs inside, and if the dog alerts, use that to justify a search of the home.

In the case before the court, the four-legged cop was named Franky, and as a result of his nose, his human police partner charged Joelis Jardines with trafficking in more than 25 pounds of marijuana.

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