Good morning, Broadsheet readers! Kim Kardashian joined Vice President Kamala Harris to discuss criminal justice reform, fertility rates in the U.S. hit a record low in 2023, and survivors contend with the reversal of Harvey Weinstein’s New York conviction. Have a restorative weekend.
– Not over yet. Harvey Weinstein’s conviction in 2020 of first-degree criminal sexual act and third-degree rape in New York was a critical victory for #MeToo. The man whose decades of serial abuse led to a long-overdue movement was sentenced to 23 years behind bars—likely the rest of the now-72-year-old’s life.
But the New York Court of Appeals yesterday morning overturned that conviction, saying that the testimony of three women who said they were assaulted by Weinstein in incidents that were not on trial should not have been permitted. The women were “prior bad acts” witnesses allowed under New York’s Molineux rule, meant to show patterns of behavior.
Weinstein, who was later convicted on similar charges in Los Angeles and sentenced to 16 years, will remain in prison. (Weinstein’s team is appealing that verdict too.)
The decision sent shockwaves through communities of sexual assault survivors, including the dozens who have said they were abused by the former Hollywood producer. The women who have been hurt by his actions now will have to relive that trauma yet again, from another cycle of headlines to the few who may testify in court a second time.
“Preparing for the trial took two years of my life. I had to relive the trauma of the assault every day,” Dawn Dunning, one of the three prior bad acts witnesses, told CNN. “But since today’s ruling, people have asked me if I regret having testified. And my answer is a resounding no.”
Ashley Judd, one of the first people to recount her abuse by Weinstein publicly, called the decision a form of “institutional betrayal.” Jennifer Siebel Newsom, the first partner of California who accused Weinstein of rape and testified in the Los Angeles trial, called the decision a “sad day for countless women who suffered at the hands of a serial predator.” Attorney Elizabeth Fegan, who represented Siebel Newsom and other accusers, pointed out to CNN that some called the Los Angeles trial “superfluous” after the New York verdict. “But now we realize how important it was,” she said.
Weinstein’s defense attorney said that the now-rejected witnesses testified to Weinstein’s “character, not the evidence,” and a spokesperson said Weinstein’s team was “cautiously optimistic” about Thursday’s decision. The Manhattan District Attorney’s Office plans to retry the case.
Weinstein’s conviction was a rare victory women’s rights advocates could point to in an environment in which it feels like women’s rights are under attack every day. There was at least one bright spot on Thursday: While Weinstein’s conviction was overturned yesterday, a federal judge upheld E. Jean Carroll’s $83.3 million victory in her defamation case against Donald Trump and denied the former president’s request for a new trial.
Emma Hinchliffe
emma.hinchliffe@fortune.com
The Broadsheet is Fortune’s newsletter for and about the world’s most powerful women. Today’s edition was curated by Joseph Abrams. Subscribe here.
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- States vs. EEOC. Seventeen GOP state attorneys have sued the Equal Employment Opportunity Commission over its enforcement of the Pregnant Workers Fairness Act, which allows employees to seek accommodations related to abortion care. The red states say the EEOC's rule is unconstitutional, while the EEOC says it has stuck by precedent defining abortion as a “related medical condition” to pregnancy. Law360
- Record rate drop. The total fertility rate in the U.S. fell to 1.62 births per woman in 2023, the lowest since record keeping began in the 1930s. Financial pessimism and a related trend of women prioritizing their careers over starting families are likely behind the drop. Wall Street Journal
- Kriminal justice reform. Kim Kardashian on Thursday joined Vice President Kamala Harris and four prisoners recently granted clemency by President Joe Biden at the White House as part of Kardashian’s long-standing criminal justice reform effort. At the event, Harris announced a new Biden Administration rule that prohibits loan eligibility restrictions for applicants with a criminal record. Axios
- Cleaning up crypto. Sen. Elizabeth Warren (D–Mass.) is one of two Senators asking the Departments of Justice and Homeland Security to clamp down on cryptocurrency being used to anonymously purchase child sexual abuse material. The letter from Sens. Warren and Bill Cassidy (R–La.) urged both departments to make public their own research on the subject as a first step. Wired
- Short notice. New data from professor and sports economist Alex Krumer found that women's soccer teams perform worse when wearing white shorts, suggesting menstrual anxiety is to blame. England and New Zealand were among the teams that opted out of wearing white shorts at the Women's World Cup last year because of the anxiety they caused players. Reuters
- Flying high. Japan Airlines CEO Mitsuko Tottori hopes her nearly 40-year journey from flight attendant to chief executive will inspire other women in the country to strive for managerial positions and normalize women’s leadership. Women held less than 13% of senior and leadership positions in Japan in 2023, according to the Global Gender Gap report. CNN
MOVERS AND SHAKERS: LaserAway hired Kelly Lohr as chief customer officer. Celestial AI appointed Diane Bryant to the company's board of directors.
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Tory Burch on the key to running a successful business: ‘You have to have conviction and a vision’ CNBC
Selena Gomez talks getting ‘mouthy’ on Instagram and leading a mental health focused beauty brand Time
Shelley Duvall vanished from Hollywood. She’s been here the whole time New York Times
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