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CNNW CNN June 26, 2024



to make our city vibrant again. she's building 82,000 new homes and helping first time homebuyers, just like us. and london's hiring hundreds of police officers, and arresting drug dealers. san francisco has been through difficult times, but our hard work is paying off. working together, we're building a better future for the city we all love. ad paid for by re-elect mayor london breed 2024. financial disclosures are available at sfethics.org. coventry direct redefining insurance. the most anticipated moment of this election and the stakes couldn't be higher. the president and the former president's one stage moderated by jake tapper and dana bash, the cnn presidential debate tomorrow night they live on cnn and streaming on max. closed captioning brought to you by meso book.com if you or a loved one, half mesothelial, will send you a free book to answer questions you may have called now and we'll come to you 808 to 14000 this is cnn breaking news we begin with breaking news. >> the supreme court appearing poised to side with the biden administration on a critical abortion case this according to a document mistakenly posted on the course website the copy reviewed by bloomberg showed the cord voting six to three to allow emergency abortions to take place in idaho on a temporary basis while the case continues to the lower courts right now, idaho law prohibits doctors from offering the procedure to pregnant women unless their life is at risk, health isn't enough because of this idaho hospital say they have been forced to send some pregnant patients to medevac them out of state for basic care. cnn is covering this from all angles with our chief legal affairs correspondent, paula reid, as well as our supreme court analyst are senior supreme court analyst. i should say joan biskupic and also with us is the founder and ceo of for women's health. amy hag's for miller first you, paula tell us about what happened here and what's in this is this reporting is coming from bloomberg law at this point, they have not posted what they say is an opinion that was inadvertently posted on the supreme court website. we have not reviewed it. ourselves, but in a statement, the supreme court acknowledges that a document he meant was posted, and i want to read their statement because are pretty careful with the language a statement from the supreme court, quote, the opinion and moyle v. united states and idaho, the united states, this case has not been released. the court's publications unit inadvertently on briefly uploaded a document to the court's website. the court's opinion in this case will be issued in do so. it does appear that they're trying to differentiate between a formal opinion and this document that was posted there, but two big things. the first is what it appears that they may have decided, and then how is this a second time that we're having a leak of a major abortion case. let's take first what they decided according to what bloomberg law saw there saying that the justices and a 6-3 your decision sided with the biden administration and they will allow abortions to be performed in the state of idaho in emergency situations and not just in situations where a woman's life is at risk. now the other question is, of course, this is the second time that a major abortion related ruling has leaked inadvertently out of the supreme court. it's a stunning breach of protocol and it's notable because we were about 36 hours out from our debate, which is, i think everyone would agree up pivotal moment in this campaign. there are at least ten cases still pending that haven't been released. we only have two days and it's unclear if any of these opinions, specifically the abortion one, would come out before the debate. now reached out to the stakeholders. the justice department, the white house, even the trump campaign, because this is something that both campaigns are watching very closely decision that could potentially have an impact on november everyone so far, declining to comment until the actual opinion is released? >> yeah, john, this is obviously a huge deal politically, but it means quite a bit when it comes to the actual case. itself. let's take a step back and walk us through the oral arguments that got us here. sure. because this is clearly a compromise and one other thing about this disclosure. this is completely a self-inflicted wound by these justices. it didn't like accidentally get into the hands of somebody else. this is the justices. there tech team actually putting it up for the public to see, or at least briefly enough for bloomberg to see okay, so during oral arguments in this case that were in the last week in april they were very tightly divided you couldn't really tell who is going to win for sure, but you did know that idaho went into it with the upper hand because the justices had agreed to let the idaho law take effect so that made it look like idaho was already having the upper hand and i have to say boris the arguments kinda broke down along gender lines and some of us wondered if, because the, the four women on our court, justice ketanji brown jackson, the newest justice. justice sotomayor, justice kagan, and conservative justice amy coney barrett seemed to be most resisting having the idaho's ban eclipse federal protections. and when i saw that divide and thought, how is this going to happen the court does not want to release that kind of decision. i think this is so clearly a compromise. if this is all true enough, justices decided we're not going to we're going to set this aside. we're going to dismiss this as to use their legalistic words as in prominently granted. let's, let all the litigation play out in lower courts because right now, idaho is defending its ban in the face of the justice department's saying that it cannot be enforced against women who need this emergency rome treatment. so what's going to happen on the ground, boris, is that idaho women will be able to go to emergency rooms and have abortions if needed for medical reasons in emergencies, not just to prevent death as the state law says, what there'll be litigation going on in lower courts. and according to what bloomberg has released there were three outright dissenters, justices, thomas alito, and gorsuch. but justice ketanji brown jackson wrote that this is not necessarily a good thing across the board because it means that there's no certainty about what would happen. where is justice elana kagan also with the majority to dismiss it according to what bloomberg is saying, said, this decision will prevent idaho from enforcing its abortion ban when the termination of a pregnancy is needed to prevent serious harms to women's health. so i think i think that was probably the prevailing sentiment for most of the justices who signed on let's do this as a temporary measure. let's make it work. let's remove this hot issue where as i said, it really looked like they were tightly divided and that you couldn't tell who was definitely going to prevail. let's kick down the road for the temporary time women in the state are protected. this he was a very narrow argument when we were watching it be made, paula and it really got to that issue that i think is animated so much discussion since the dobbs decision, which is in the case of wanted pregnancies, when there are complications. and i mean, i i think a lot of people are familiar with the idea that if a woman's water breaks and she is very well along in her pregnancy, there is an attempt to deliver the baby rather quickly because having an open membrane is it risk to the health of the woman and then to the health of the baby. this, it comes at a point where certainly hey, the fetus is much more immature. so then the law raises this big question that puts these health professionals in conflict about what to do here. and to that point, that's sort of core issue of what to do, kicking the can down the road on that justice ketanji brown jackson writing separately to say that she wouldn't have dismissed the case according to this copy from bloomberg quote, today's decision is not a victory for pregnant patients in idaho. it is a delay while this court donalds she says, and the country waits, pregnant women experiencing emergency medical conditions remain in a precarious position as their doctors are kept in the dark about what the law requires. what do you make of that joan was just getting at this as leaves ambiguity, right? >> there's no certainty. and when they overturned are really the weights and it back down to the states who are always going to come up against questions about what do you do when you have a state that has really restricted abortion in this case, in all circumstances, except for there's a risk too the life of a mother, and that comes up against, for example, federal laws. and here we're talking about what happens in emergency rooms situations. federal law requiring medical facilities like this to stabilize patience and if an abortion is required to stabilize a patient, they're saying that is that is the law that should that should rule here and here. justices is alluded to the fact that this isn't the final word. they're not actually designing this based on the lawn answering that question, what trump's federal state law instead, there's sort of sidestepping that question. it will continue to be litigated throughout multiple states, i think over the next few years, we can expect these challenges will return and go ahead and do the other thing i was going to mention, since three justices who voted to undercut row two, who voted to overturn roe are in this majority. and what is justice barrett and the other is just as kavanaugh and the three others who dissented here, apparently dissented here, were part of that dobbs majority two years ago. so you can see this is as i say, this is the first chapter in the last two years to really see what, what abortion access will be. and we thought we'd have an answer. and 4, internal court reasons, for social reasons, and maybe for political reasons, it appears we will not have that answer. >> undoubtedly more battles ahead. let's get amy's perspective on this me. what's your reaction to this ruling or at least this? ruling document that was inadvertently posted by the court. >> well, like all of you, i haven't seen anything that actually is officially from the court. i think this points to how messy this supreme court is. this is the second time we've had a decision that really has people's lives hands leaked from the court and it's put us into this situation of ambiguity and confusion my experience with this kind of thing is that that's exactly what we're going to have on the ground imagine yourself as a pregnant person in any state that has banned abortion or restrict abortion, or as a provider, as a professional medical person who's trying to figure out what you're allowed to do, two save the life and the health of the people that are in your hands. this is incredibly confusing. i think sending it back to the district court is not really counted as a win. and i think it's important just like your previous guests were talking about for us to really pay attention to this. what justice brown jackson clarified in her statement, i think is very important for us to pay attention to i think it's important to remember that abortion at any point in pregnancy is always safer than pregnancy i think we have really become to think about abortion as a political issue, yet abortion is a health care issue. abortion saves lives. abortion is absolutely necessary oftentimes in emergency room settings to protect the health of the pregnant person and to be sure that they are able to continue their lives and i think providers really understand that their hands have been tied post-roe here since the dobbs decision in numerous states and numerous parts of the country. so this isn't only about idaho. this is really something that all eyes are watching from multiple states across the country to try to figure out what we're able to do to provide basic health care, even if abortion has been restricted. other thing i would add is this emtala the ruling goes back to reagan. this is about emergency medical care and standing by people and taking care of them to preserve the health and the life of people who present an emergency rooms all across the country. emtala is not about abortion specifically. it is right. and just for us to uphold emtala and allow all people no matter where they are, to get access to safe medical care in emergency situations, including abortion care important that you point that out amy. >> thank you so much for that poll on joan. thank you as well as if the stakes weren't high enough, the breaking news coming as both the biden and trump campaigns are finalizing their strategy she's for tomorrow's presidential debate. we're only about 30 something hours away. >> let's bring it and sit and chief national affairs correspondent jugs one who's live at the debates site. jeff, how does this change the prep work that goes in to getting ready for this huge moment? >> there's no doubt said both sides have been really watching the supreme court. and what opinions it could issue over the next coming days. of course, opinions are expected tomorrow and friday. this brief leak was it's not in the plan, but certainly was part of the cases that the sides were getting ready for. and there's a couple different ways you can look at this. yes, a temporary victory if this the report from bloomberg is true, but for the biden administration and temporary victory, but also could take away a bit of the argument that the biden campaign is trying to make to portray this supreme court as a scary supreme court, if you will, in the eyes of progressives and liberals when it comes to abortion, one of the central arguments for the biden in campaign has been abortion rights and access of course, that's one of the major differences in this debate from the last time that donald trump and joe biden met on stage, the dobbs decision that overturned roe versus wade. so abortion has become a central theme of the midterm campaigns in this campaign. but will this take away some of the sting if you will? and the words in the threats of what to president biden has and trying to argue that the supreme court is trying to walk abortion access and that the former president trump is. in other republicans are interested in a national abortion ban. he has said, let's leave it to the states this is one example. so look perhaps more interesting to campaigns are focusing on what the court could do tomorrow and rulings. is there a ruling in the immunity case so this is one example. hello how debate preparations are fluid. they're reacting in real time to real events in the world. and this certainly is one of them then we could see more decisions come down tomorrow. we'll see how that might affect debate prep. as we're only just hours away, jeff zeleny live from the debates. i thank you so much. still ahead, much more on the debate, including what caused the trump team to suddenly overhaul its messaging and the days leading up to the showdown and new video out of minnesota where catastrophic floods sent. this house plunging into a river. this is a nearby dam, is close to collapsing all these stories and more head on cnn news central debate in america as biden and trump meet only cnn has complete coverage with unrivaled access and exclusive pre and post of beta analysis follows cnn for every countless moment followed debate night in america tomorrow its 7:00 p.m. time depress rewind with neutral gina rapid rigueur repair. it has durham proven met and expertly formulated to target stem cell and over and fight not one, but five signs of aging, physical results in just one week, neutral, gina. >> it's so easy to get your windshield or place using safe flight, telling people why you haven't done it first off, is it ship and it just keeps going. so what do we do now? 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us yeah, that's right. >> look, sources told me that

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