Skip to main content

tv   CNN Newsroom  CNN  March 27, 2013 8:00am-9:00am PDT

8:00 am
i'm carol costello. "cnn newsroom" continues right now. >> thank you, carol. hi, everybody, i'm ashleigh banfield. and we are about midway through a second straight day of supreme court arguments over marriage. who can enter into it. which rights and benefits follow from it, and who can defend so-called traditional marriage when you walk into a courtroom? today, the federal defense of marriage act of 1996 is being challenged by an elderly new york woman who was hit with a giant federal tax bill when her same-sex spouse passed away. had the feds recognized this woman edith windsor's marriage which was valid in new york state, she would not have owed that tax. but it's not just about the money, it's about the principle. a lot of principles, actually. there's perhaps nobody better to explain those principles than
8:01 am
law professor and legal contributor jonathan hurley. i hope you can hear me. i can hear the argument going on behind you. i just can't hear the silent arguments going on with the justices right now. when it comes to doma, the defense of marriage act, again like yesterday and prop 8, is this not a simple decision for these justices, is it? >> no, and i think people have to be very cautious in their optimism. i mean, for a couple weeks now, i've been trying to explain to folks this is a very incremental court. it's a cautious court in the best of times. we saw this yesterday, these were justices that were looking for an exit, many of them did not want to hand down a major decision at this time. they referred to it as a new issue. they would be before the public as decided the question. and so you're seeing a bit of a sticker shock problem with the justices, that they were worried about handing down a major ruling. either recognizing same-sex marriage or the right of
8:02 am
equality. or rejecting it. today's case is going to be another example of that. they have an out. they can reject this case on standing which is basically saying that one of the parties doesn't have a right to be here in court. and there are significant standing problems here. and it is right there. for any justice to take as an exit. what worried a lot of folks yesterday was that swing justice, justice kennedy, actually cast personal doubt as to the fundamental right. he said it wasn't clear whether this was a movement that was going to lead to a magnificent end or to use his words, go over a cliff and that shocked many of us. >> can i just stop you there and go back to that really simple first issue, and that is standing. whether anybody really has the right to stand up for the government when the government is not going to stand up for this case. normally, we'd be used to seeing the solicitor general, in this
8:03 am
case, mr. turley, going in and arguing for the government. but president obama said we're not going to defend doma. we're not agreeing with it. we're not going into court to do so. in essence, and correct me if i'm wrong, it's the house republicans who have taken up that banner. and they have brought in their own former solicitor general to argue this case. is that the issue that house republicans can't stand up for the rest of the country? >> that's right. this is a very strange case because the obama administration was defending doma for years. and then essentially switched sides. and that left this gap, this vacuum, as to who would support this law. and the house republicans stood up and said we want to do it. now, i've represented both democratic and republican members in challenging the libyan war and we were dismissed on standing because this court is very hostile towards what's called members standing. so they've got a really long road to hoe here. and so for justices that are
8:04 am
already a little bit squeamish about this issue, they can easily take this exit. and say, you, members of congress, cannot speak for the nation. >> okay. i want to ask you something, if we get beyond the standing issue. there is also another issue, and that is, what kind of message this court could send? would it be a sweeping legal precedence? like brown versus the board of education or roe v. wade. there was something that justice alito said yesterday. i only bring in yesterday's in because there are cross-platform issues here with regard to just how broad these justices might act. let's listen. >> traditional marriage has been around for thousands of years. same-sex marriage is very new. i think it was first adopted in the netherlands in 2000. so there isn't a lot of data about its effect. and it may turn out to be a good thing. it may turn out not to be a good thing, as the supporters of
8:05 am
proposition 8 apparently believe. but you want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cell phones or the internet. i mean, we are not -- we do not have the ability to see the future. >> so, professor turley, when i hear the words "institution that's newer than the internet," would those who argue against that say maybe the institution, legally, is newer than the internet. but the love has been around forever, and freedom has been around forever. and equal protection has been around for almost 300 years. >> yeah. i was a little bit surprised by that. i thought it was an insulting statement. not only has the court long recognized the right to marriage. and obviously long recognized the rights to equality and treatment, but this is an issue that has been specifically around for a very long time. this movement didn't just start
8:06 am
this week. it seems like the justices are a bit like trog la dites living in a cave. they think this is new. this is an issue that is timid getting in front of rights. roe v. wade and brown are some of the most famous decisions but they also tended to rock the institution because they were blamed at making the decision that american people hadn't arrived at yet. and that's what some of these justices are referring to. but i need to caution you, many of these justices making these comments also were against lawrence v. texas. the decriminalization. a lot of these justices that i heard doesn't jibe well with that. many of the justices don't accept the fundamental protection that are being argued in the case. there is an intermediate possibility, by the way. >> okay.
8:07 am
>> the court could strike down doma without finding a fundamental right of equality. what they could do is say congress is usurping the right of states to make this decision. strike it down on that ground. >> oh. that is what i wanted to ask you about state's rights. i think a lot of people watching today's process who watched yesterday, are suggesting that the attorneys who's represents miss windsor in this case is going to argue very much on behalf of state rights. do states have the right to regulate marriage. and that the federal law takes away from that. is that correct? >> that's right. and it's a very interesting problem of alliances on the court because many of these conservatives like justice scalia are big supporters of state rights. well, you know, some of these states have said we want an inclusive definition of marriage. and congress is stepping in and saying we're not going to let you make that decision. we're not going to recognize -- at least, we're not going to
8:08 am
recognize that a marriage that you license for same-sex couples. so the argument here is really a state's rights argument. what may appeal to a justice like roberts to avoid making a decision now on equal protection. many of us would like to see that decision, quite frankly. but this is one of those outs. if they pass by that exit for tang, they've got one more exit, and they could take this one and say we're not going to say anything about equal rights for homosexuals. what we're going to say is congress can't start to mess around with a safe right to define what a marriage is. >> i always love it when there are all sorts of competing areas of wisdom that each individual customers has to take into account when rendering a decision and writing an opinion. jonathan turley, thank you very much for your time. i look forward to having a lot of conversation with you once we find out the direction of these arguments. and of course, what could be the biggest case of their lives, two formal rivals are teaming up to sake the same-sex marriage to
8:09 am
the supreme court. this weekend, our gloria borger gets exclusive access to high-powered lawyers, as they prepare for the case, in what we're calling the marriage warriors showdown at the supreme court. it's going to air saturday night at 7:30 eastern. top stories now. the indiana supreme court has ruled to keep the state's school voucher program in place. and that is perhaps setting a precedent right across the country. that program helps thousands of low and middle-income families choose where to send their children to school. by doing so, they give out vouchers for private school tuition. and lawmakers are now working to expand that program. opponents say it violates the constitution, and it diverts funds away from public schools. thousands of police thoumenthoument documents into the investigation of the shooting that wounded
8:10 am
gabrielle giffords are being released this hour. a judge cleared the way last week now that that case is resolved. loughner was sentenced to seven life sentences in the rampage that killed six people and wounded 12. i want to take a quick look at the market. the dow is down just a little over 60 on the big board today. we're going to continue to watch. market has been open now for about 90 minutes. david petraeus is facing head-on, the scandal that led to his resignation as the director of the cia. speaking in public for the first time since admitting to the extramarital affair last year that ripped so many headlines up to the top of the heap. the retired four-star general apologized for the hurt that he caused the family, friends and supporters. >> i know that i can never fully assuage the pain that i inflicted on those closest to me and on a number of others. i can, however, try to move
8:11 am
forward, and as best possible, to make amends to those i have hurt. >> general petraeus resigned from the cia after having admitted to an affair with his biographer paula broadwell. it is the 39th day of jodi arias' murder trial. i said 39, yes. long, folks. her defense is hoping that its final witness, final witness, a domestic violence expert, will perhaps help jurors understand the relationship that jodi arias had with her ex-boyfriend travis alexander. arias has testified that he beat her and choked her. and she gave in to sex acts that were demeaning only to make him happy. the psycho therapist in this case, alease laviolette is
8:12 am
taking the stand today. this is the victim's family in the courtroom, listening to all of the testimony, oftentimes, very graphic testimony. it is certainly compelling people right across the nation, as well, to line up. 20, 30 people at a time are waiting to get into this courtroom. one person even flew in from the state of new jersey, and got there at 4:00 in the morning, just to make sure he could get a seat. >> jodi is looking at the jury, looking for sympathy, and the only way she can get off, in my opinion, is one they feel sorry for her. they all know she's guilty, all she has to have is one person to feel sorry for her. that's the way she's going to get off. >> just fascinated. i want to see her. i want to be in the courtroom. i want to get that feel. i watch it every night. tape it every day. watch it every single night. >> cnn's alex marquez is
8:13 am
watching because he's assigned to it. i have to say, it is odd, i remember covering the anthony case, people lining up through the night by the hundreds to get a seat. what sense are you getting from the people out there, why this one has caught their attention? >> reporter: yeah, i think as we get closer to closing arguments and certainly, verdict day, we're going to see some of that. but what it is, it is jodie arias, people have very strong opinions about they are. they've come in from canada today. there are people lined up. they come in specifically for this, they line up zero dark thirty to be in that courtroom. it's bizarre the level. people-v have been watching it religiously since day one. 39 days, over three months, since the trial has been going. people have become gripped by it. they come here to phoenix just to see it in person. it's pretty amazing. >> do you think the fact that
8:14 am
this say death penalty case is playing into that? i bring that up, look, there's nothing more serious in american jurisprudence than the state deciding we're going to kill someone. so this is one of the highest stakes process you can see? or is it the other stuff, you know what i mean by the other stuff, the sexy talk? >> reporter: well, my sense is, it really has to do with jodi. most people believe that she's guilty, most people believe they're here to support travis. but they believe that jodi is driving them here. they feel her explanations just aren't right. that she's lying on that stand. she's fooling everyone. she can't believe, or doesn't understand what people are saying about her. and they feel that they want to see her in person. they get great satisfaction out
8:15 am
of juan mar ten knetinez for th reason because he hammers away at her defense. that's why the prosecutor has become sort of a celebrity in phoenix. and the defense attorneys have to be marched to their cars under armed guards because they have death threats against them. >> i really hate hearing that because there's nothing more important than a good, fair honest defense. miguel marquez, thank you for bringing us the color and interest and intrigue. especially on the outside of the courtroom. listen, there are 12 people at the very least who don't have the choice of lining up to go in and listen to that every day. those are jurors. they have to be there. they have to listen to this woman. so as the trial wears on, what about their tolerance? the jurors, are they worn out? what does wear out a jury? we're going to have a look at the effect a long and tedious trial can have on those who are the arbiters of life and death.
8:16 am
made from the goodness of fruit. nectresse™. sweetness naturally. [ male announcer ] this is a reason to look twice. the stunning lexus es. get great values on your favorite lexus models during the command performance sales event. this is the pursuit of perfection.
8:17 am
we all have one. that perfect spot. a special place we go to smooth out the ripples of the day. it might be off a dock or on a boat. upstream or in the middle of nowhere. wherever it may be, casting a line in the clear, fresh waters of michigan lets us leave anything weighing us down back on shore. our perfect spot is calling. our perfect spot is pure michigan. your trip begins at michigan.org. music ... music ...
8:18 am
music... so, we are now about three months into jodi arias' death penalty trial. three months. look, you just saw some people can't get enough of it. they're either riveted by the
8:19 am
coverage or lining up in the dark outside the courthouse to get a first hand look. to get a seat in the courtroom. but then there's that jury, those people day in and day out have to be there. and they're forced to pay attention. as it drags on, day after day, witness after witness, tawdry piece after tawdry piece, what is it that might frustrate the jurors? or bore the jurors? at what rate do you risk that? joining muse is defense attorney and law professor joey jackson. joey, we begin with you. some people think the longer the trial, the fairer the trial. the more evidence that's presented, the more arguments that's in front of the jurors. can it have the opposite effect, can it just get under their skin? >> you know, it certainly could. i once had a judge tell me, ashleigh, i want to be
8:20 am
entertained. make this my broadway. it's a matter of having jurors that are perceptive and insig insightful. one of the things about this jury, they're allowed to ask questions and that's important because it keeps them focused. and that's important because it becomes a point of when is enough enough. you have a prosecutor who is very good at cross-examination, if you are sleeping at examination, when he gets up, certainly you get up. it prevents them from focusing as they should. >> and you would hope the judge's gavel would also wake up anybody in court who needs to be listening. sunny hostin, joey just mentioned the jury questions which is again so unique and fascinating in the case. this jury has had literally hundreds of questions. i think it's 112 question for the psychologist and over 200 questions for jodi arias. what happens something they don't know when they forward those questions, those questions
8:21 am
lead to additional questioning from both the defense and prosecutors, direct and redirect. and it just draws out the length of the days they sit in that courtroom. so good thing or ultimately a bad thing for them to be getting involved to the extent they are? >> oh, i think it's a good thing. i think 93 know the deal at this point. because they may not have known it would drag it out initially, but they asked jodi arias over 200 questions. and then the psychologist gets on the witness and they ask over 100 questions. so this is a very engaged jury. but i've got to tell you, i wonder when the jury's fatigue does sort of settle in at this point. because this has been a very long trial. they have clearly been engaged. but you don't want them to hit the fatigue when they go into the jury room. to deliberate. and that's my fear here. because they've gotten so much information at this point, from so many different sides, what if they get into the jury room, and they're exhausted. they don't want to hear about it anymore. they don't want that talk about it anymore. and they just go for it.
8:22 am
>> overload? >> i think jury fatigue is a real possibility here. >> i want to just close off this segment by giving you an antidote from the o.j. simpson case at which jurors were sequestered for about nine months. they came to deliberation with their bags packed. they delivered nine months of testimony and evidence. nine months of judge ito's instructions in that courtroom. deliberation did not last 2 1/2 hours. so there say huge risk of overload. sunny hostin and joey jackson, standby. we'll see you later on in the hour. just ahead, though, i want to take you back to phoenix because there's a very big issue of money. what does it cost to defend someone when you are going to hold them to the potential of the ultimate punishment of death? it costs a lot. and jodi arias' attorney does not want you or anyone else to know just how much. i'll tell you why in a moment.
8:23 am
from the wintergreen leaf e treats breakouts. no parabens or harsh sulfates. for naturally clear skin. [ female announcer ] neutrogena® naturals. i'll believe it when i--- [ both ] oooooh... [ female announcer ] as you get older, protein is an important part of staying active and strong. ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. [ major nutrition ] ensure! nutrition in charge! low fat and five grams of sugars. oh, hi thehey!ill. are you in town for another meeting? yup, i brought my a-team. business trips add up to family time. this is my family. this is joe. hi joe! hi there! earn a ton of extra points with the double your hhonors promotion and feel the hamptonality.
8:24 am
8:25 am
jodi arias' lawyers are not too keen on you knowing how much it's costing to defend her.
8:26 am
and they're also not keen on the other side, across the courtroom, of prosecutors knowing either. defending someone for the death penalty is very, very expensive. as it should be. you need the best defense possible, right? the life is at stake. you can't get a do-over. at noon, the judge in the case is going to hear motions to keep the details of the costs from reaching public eye. maricopa county has forked over roughly $800,000 just for what's been billed so far. we're not even done yet. and, hey, if he's found guilty, that final amount could be so incredibly high. so much higher than just 800,000. the defense says any more information getting out like that could hurt jodi arias' ability to get a fair trial. not just the numbers but the stuff that goes with the numbers. like where's the money going, what witnesses might end up in the defense case. you're tipping your hand to the other side, right?
8:27 am
it could be just a drop in the bucket. if she's convicted and gets the death penalty, that number soars into the millions. christine romans joins us and jean casarez correspondence for "in session" on trutv. jean to you, almost spent your entire lifetime in a courtroom, is it fair to make a statement that putting someone to death costs a lot more than putting someone in prison for life, correct? >> it costs much, much more. no question about it. and, you know, this case right here is one that's mounting. we now know that it's over $800,000 that the defense has spent so far. and the hearing is going to take place in less than an hour. i'm going to courtroom after we finish this right here. the defense is saying in essence, look, this is our work product. we are private attorneys. we've been appointed by the county and the state to perform these services. so we have to bill our hours, and we have to write down what
8:28 am
we've done to get our fees paid. along with our experts and those that are consultants. that's our work product. and if that becomes public and the prosecutor finds out then they can use that in trial against them. furthermore, if we go into the penalty phase, that can be used against us, too. so they're asking for a protective order, even though this is all paid for bit taxpayers, ashleigh, it comes out of their pockets. i think they have a very valid point. this say death point. >> they just want to keep it quiet while they're still litigating the case and open up afterwards. in the meantime, while it's not a perfect science, christine romans i put you to the test, man, if you didn't think there was going to be math in your job. every case is different. every case is different. some are very forensic in their murder cases and some people aren't. but generally speaking what do the numbers tell us about how much it costs? >> it tells us that the appeals process is very, very expensive across the country. you're right, every single state is different. and when you look at the
8:29 am
numbers, different states, this is what we found. we found in kansas, the public advocate found that a death penalty case is 70% from sentencing all the way to the actual death. >> 70% more? >> more expensive. >> to kill someone? >> that's right. in tennessee, 48% more than life imprisonment. and in maryland, is three times more expensive. the death penalty case in kentucky found that cases last longer. there are more experts. twice as many attorneys involved. there can be three to five times longer for the trial. there could be a change of venue, that can cost an awful lot of money. high security and appeal is awarded to people. that costs more money. you have two trials, one for the crime to find guilty. one for the punishment phase.
8:30 am
again, the appeal process can go on and on. >> 16 years until it's very expensive. >> so jean casarez, that's an issue. i think a lot of death penalty advocates say, for heaven's sake, we keep these people alive forever. we've got to give them medical care. we've got to look after them. put them in protective custody at time it's. infinitely more difficult to keep them protected than just the death or the needle. the constitution right, once they hear from a jury and judge that they're condemned to death to an automatic appeal whether they want it or not, correct? >> that is exactly right. there is that automatic appeal. and the appeals can last for years. the average amount of year to be put to death in arizona is 12 years. isn't that interesting, think about the amount of litigation and appeals that goes on and for taxpayers to pay it. but in our country, we're determined, state by state, can determine if there is the
8:31 am
ultimate punishment of death. and the argument -- i think one of the arguments against the death penalty is the cost. but does that then not allow for the justice that may be deserved in a particular case. >> you know, the penalty advocates, you know, they will be quick to point out, we do calculations on maybe 20 years of life impolicement. in california, 47,0$47,000 a yeo keep someone in prison. that costs more in prison than in college. if you think about the costs. heart attacks, they treat people for cancer. you know, so the pro-death penalty advocates, they like to question these numbers and say it's more about justice for victims. not cost. >> and i also look at the people 26 year, sitting and waiting for their death penalty, all of a sudden are exonerated because new magical science is applied
8:32 am
to old stodgy, stinky cases. it doesn't happen a lot, but it does happen. >> jean casarez, thank you. >> ashleigh, in arizona, three women on death row. one woman just had her case overturned. case in point. >> and a guy just walked out here in new york city, 23 years because the witness had been told by the police pick the guy with the big nose in the lineup. that happened so many years ago. bad things happen to sometimes good people. it just happens. both of you, thank you. i want to have more of this conversation as we dig deeper into the death penalty. i want to remind the viewers to watch the jodi arias trial live this afternoon. we run it on hln and live on cnn.com. we talked about california, how is charles manson for you? charles manson back in the news. a death penalty/nondeath penalty
8:33 am
case. a federal judge has now ruled that police can now listen in to conversations between one of manson's followers and his lawyers. aren't those privileged conversations? a man and his lawyer. you'll hear our expert legal team tackle this one next. now that one week later i wasn't smoking. [ male announcer ] along with support, chantix (varenicline) is proven to help people quit smoking. it reduces the urge to smoke. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these stop taking chantix and call your doctor right away. tell your doctor about any history of depression or other mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these stop taking chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. use caution when driving or operating machinery.
8:34 am
common side effects include nausea, trouble sleeping and unusual dreams. people around you...they say, you're much bigger than this. and you are. [ male announcer ] ask your doctor if chantix is right for you. ♪ 'cause germs don't stick on me ♪ [ female announcer ] band-aid brand has quiltvent technology with air channels to let boo boos breathe. [ giggles ] [ female announcer ] quiltvent technology, only from band-aid brand. use with neosporin first aid antibiotic.
8:35 am
only from band-aid brand. at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. dad: you excited for youyeah.st day? ♪ dad: you'll be fine, ok? girl: ok. dad: you look so pretty. ♪ i'm overprotective.
8:36 am
that's why i got a subaru. love. it's what makes a subaru, a subaru. he's been in prison for decades and he is most assuredly going to die there but cult leader turns mass murderer charles manson never really went away. in fact, just this week, a man named craig hammon seen here, was arrested for allegedly trying to smuggle a cell phone into manson in this california prison. he says he's a follower of manson, even moved closer to the prison so he could visit regularly. and that manson even gave him a special name "brave wolf." he's been charged in connection
8:37 am
with the cell phone crime. totally by coincidence. and i mean it, totally by coincidence, on the same day, in a related case, a federal judge has ordered that some taped conversations between another of manson's followers, charles "tex" watson and watson's attorney that those conversations be turned over to the lapd. again, a guy and his lawyer, taping those conversations, hanhand hands those tapes over to the lapd. the officers believe it may have some theory to what may or may not be carried out by the manson cult. well, what about privilege? cnn's legal analyst, sunny hostin and joey jackson, special contributor and professor part time. let me start with you, joey, on the issue of privilege. there are some instances where your privilege goes away when you talk to a lawyer. is that the case with tex
8:38 am
watson? >> oh, yes, it is. here's why. the privilege is very important. whenever you're conveying information to an attorney, you want it to be protected. what does that do? it ensures that you're going to be honest, you're going to be forthright so an attorney can. it was waived why was it waived? because in part of a deal for a book and in waiving that and selling that to a third party to write a book, the judge said, ah, ah, you waived it, turn it over to the lapd. >> that sale went through decades ago. so fascinating stuff. lesson to all of us, you are in control of your own privilege. share it, you lose it. sunny, let me turn you on this weird cell phone thing. i'm going to ask the stupid question, how does somebody get a cell phone into charles
8:39 am
manson, it's happened twice? >> it happened twice in 2009, actually, i reported on it 2011. they try to smuggle them in. we know there's contraband found daly in cells. i've got to tell you when i've been prosecuting cases there's contraband that gets into cells. it's very important that charles manson does not have a cell phone because we know the crux of what he does is, he gets people to follow him. he gets people to do things for him. he has this -- >> like murder? like murder for him? >> this weird svengali thing about him. so the last person on eartha needs a cell phone is charles manson. 2009, 2011, now again. it's shocking to me, isn't it? >> yeah. >> that he still has these followers. >> i find it more shocking that he has people following him and moving closer to visit him on a regular basis. that's just me. call me crazy.
8:40 am
thank you both. stick around if you will, i have a couple questions for you. because this is a great one. we've been spending so much time at the supreme court today on what we think is a cultural moment on gay marriage. remember, roe v. wade was a cultural moment. now, there's a governor in virginia who is pushing buttons and putting to the test roe v. wade. an abortion law that says to most women in that state, it's not going to happen. we'll explain that in a moment. one night britta told me about a tradition in denmark, "when a person dies," she said, "someone must open the window so the soul can depart." i smiled and squeezed her hand. "not tonight, britta. not tonight." [ female announcer ] to nurses everywhere, thank you, from johnson & johnson. [ male announcer ] when it comes to the financial obstacles military families face, we understand.
8:41 am
our financial advice is geared specifically to current and former military members and their families. [ laughs ] dad! dad! [ applause ] [ male announcer ] life brings obstacles. usaa brings retirement advice. call or visit us online. we're ready to help. learn more with our free usaa retirement guide. call 877-242-usaa. it's lots of things. all waking up. connecting to the global phenomenon we call the internet of everything. ♪ it's going to be amazing. and exciting. and maybe, most remarkably, not that far away. we're going to wake the world up. and watch, with eyes wide, as it gets to work. cisco. tomorrow starts here.
8:42 am
...and we inspected his brakes for free. -free is good. -free is very good. [ male announcer ] now get 50% off brake pads and shoes at meineke.
8:43 am
today, as the supreme court considers a marriage law that makes history, north dakota's governor has signed an anti-abortion law that challenges history, certainly challenging the boundaries of another case, roe v. wade.
8:44 am
the new law there is going to ban abortions after six weeks, after a fetal heartbeat. set for august, but not before a potential showdown in court. the governor is ready for the fight. he's putting money away for the fight. joey jackson and sunny hostin are back to talk about the fight. can these laws survive the fight? sunny, let me begin with you, most assuredly, this is going to court. we already have plaintiffs. can the bill survive? >> you know, i always am loathe to predict what the supreme court will do. but i can tell you that i think this is something that would get to the supreme court. we know that there is going to be this legal challenge. in fact when the governor signed this law into law, he directed some funds -- he directed the state legislature put funds aside just for the legal battle. so we know it's going to be challenged. we know that it's probably going to be challenged into federal court. and that means it probably will
8:45 am
wind its way into the supreme. and i've got to tell you, given the composition of the court, given sort of this -- the changing competition of the court, it would be possible that a court would say, you know what, let the state do what they want to do. even though in 19 -- what is it -- '73, roe v. wade found it, and that allows the state to to defend when it is legal and the parameters around it. and i suspect it's going to be challenged. and we'll be hearing about this case in probably years to come. >> joey -- i betcha. the center for reproductive rights, the organization, has said it's going to challenge. but in the meantime, what does that mean for someone in the state of north dakota who says perhaps was raped or was a victim of incest? there are no protections for those people. might there be an injunction, a
8:46 am
stay that prohibits the law from going into law? >> i think that's likely, ashleigh. a litigant will go directly for that and say, listen, we have to balance this out. of course, a woman has a right to choose. the state has a right to legislate abortion and protect rights, additionally, they have a right to protect the mother. however, before we can litigate this and have a process, let's have a say. so what that will do is uphold the law in a definitive ruling tab. i agree with sunny, it's always impossible to predict what the supreme court is going to do. you never know how they'll assess a law. i think it's likely, ashleigh. >> i looked at some the statute. and what stood out to me, and maybe i'm not schooled enough to recognize whether this is a big issue or not, the target here for the criminal activity is a doctor. >> the doctor. >> yeah. >> it's not the woman.
8:47 am
she's not even considered to be part of a conspiracy. >> that's right. >> that seemed odd to me. isn't it the woman who brings the issue forward and gets the ball set in motion for the crime to be committed under that law? >> yes, but, ashleigh, that has sort of been, you know, the way that these challenge -- these laws have always been challenged. the law that have that tried to limit abortions. they sometimes target the doctors because then women are forced to go where? they go to sort of those backdoor -- those alleys to get medical care. and so targeting the doctor is very effective. because if you're a doctor and the state is telling you you cannot perform abortions if there's a fetal heartbeat which is at what, 6, 7 weeks. >> yeah. >> we've heard those heartbeats, you're not going to do it because you're not going to lose your license so now where do the women go? so it's a very effective way, i think, of forcing women to the back alley. >> but is it too effective and
8:48 am
is it too restrictive? that's the question. >> that's fascinating. i think you i understand are going to have a conversation before august. a conversation in probably about three days once the cases are filed. thank you, sunny hostin, thank you, joey jackson. we're back in a minute. so if ydead battery,t tire, need a tow or lock your keys in the car, geico's emergency roadside assistance is there 24/7. oh dear, i got a flat tire. hmmm. uh... yeah, can you find a take where it's a bit more dramatic on that last line, yeah? yeah i got it right here. someone help me!!! i have a flat tire!!! well it's good... good for me. what do you think? geico. fifteen minutes could save you fifteen percent or more on car insurance.
8:49 am
a new ride comes along and changes everything. the powerful gs. get great values on your favorite lexus models during the command performance sales event. this is the pursuit of perfection. during the command performance sales event. oh, hi thehey!ill. are you in town for another meeting? yup, i brought my a-team. business trips add up to family time. this is my family. this is joe. hi joe! hi there! earn a ton of extra points with the double your hhonors promotion and feel the hamptonality.
8:50 am
i don't think you get much argument if you suggested that multiple sle ro sis is a disease
8:51 am
debilitating enough to stop you from things you might want to do. not so when it comes to playing in the nba. i'm not kidding. sanjay gupta met someone who is doing just that. and you're about to meet him too. >> with less than three minutes left in the game against the atlanta hawks, dallas mavericks point guard chris wright is in the game. playing in the nba has been his lifelong dream. but it almost didn't come true. >> noticed my foot started getting numb and got progressively worse. the next morning i got up to shoot early in the morning probably 7:00 in the morning something like that i got up and shot and while i was shooting my whole right leg went numb. right foot went numb. basically it went all the way up to the right side of my body. >> last year wright was diagnosed with multiple sklerosis. ms. a disease that effects the brain and spinal cord, a disease he
8:52 am
had never heard of. >> i didn't know what it was. i was just remaining positive about it. once i found out, i still have to remain positive. >> doctors told wright he would never play basketball again. but he responded well to treatment and less than three months after his diagnosis wright was back on the court. he made history when he signed a ten-day contract with the dallas mavericks become the first person with m.s. to play in the nba. while it may have only been a short stint, wright believes this won't be the last time he'll play in the nba. >> everything happens for a reason. and everything you go through definitely it's not a coincidence. and it happened during m.s. awareness week. >> monthly treatments are keeping his m.s. from progressing and he's not shying away from his diagnosis. wright says he's proud to be the face of m.s. >> don't be afraid to step out and do what you want to do. that's my message to everyone that has m.s.
8:53 am
don't believe it's a crippling disease. yeah, there may be limitations, but you can still live your life. i'm a part of the m.s. society. that's what i am. >> dr. sanjay gupta, cnn reporting.
8:54 am
8:55 am
8:56 am
in brunswick, georgia, police have arrested the mother and the aunt of one of the teenager's accused of fatally shooting a 13-month-old baby and her mom. both women are charged with lying to the authorities. after talking to the women, police ended up finding a gun in a nearby pond and now trying to determine if it is connected to the shooting. two suspects are aged 17 and 15 and both are charged with murder. now, a story that will have you asking how on earth did he survive. first, one of the firemen you see here was helping a victim in a car that was involved in a multi-vehicle accident. and without warning that car was hit by a vehicle that spun out of control on the ice. it was an ice-covered bridge. the fireman was thrown 25 feet into the air. he was hospitalized in guarded
8:57 am
condition. hard to make that out. to china now and a bus driver who is lucky to be alive, literally. he was on a routine run when a lamp post suddenly smashed through his front windshield. look at that. ducking out of the way. quick thinking. pure reflex. he escaped what could have been horrifying. he did suffer an injury though, a ruptured spleen. the lamp post was knocked into the bus by an unrelated car accident. by the way, the passengers behind him also a real near escape for them too, but nobody injured to our knowledge. amazing. thank you for watching everyone. "around the world" is up next right after this quick break. #%tia[ [ male announcer ] if she keeps serving up sneezes...
8:58 am
[ sneezing ] she may be muddling through allergies. try zyrtec®. powerful allergy relief for adults and kids six years and older. zyrtec®. love the air. [ ding dong ] 20% off teleflora... oh... save on roadside assistance from allstate! discounts from enterprise, avis and hertz! [ male announcer ] aarp has great deals at aarpdiscounts.com. popcorn? [ male announcer ] find offers from regal cinemas, walgreens and kellogg's. they're great! [ male announcer ] and on exciting entertainment! [ taxi whistle ] c'mon guys, the millers just got their cards, too!
8:59 am
[ male announcer ] check out the possibilities. aarpdiscounts.com.