tv Nightline ABC March 16, 2023 12:37am-1:06am PDT
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♪ this is "nightline." >> tonight, abortion pill challenge. a small texas town at the center of a national culture war. >> my main concern is the babies. >> women have the right to have abortions. >> the pill that's the latest salvo in the abortion debate. >> i'm incredibly worried that a well-studied, safe, and effective means for people to end pregnancy is going to be taken off the market. >> the conservative judge whose decision could impact women in all 50 states. plus, going public. world-class distance runner and two-time olympian kara goucher speaking out. >> it's really hard. i feel a lot of shame. >> the abuse she says she
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endured at the hands of her one-time coach. >> really, i was sort of frozen. not knowing what to say or do or -- accept that this was happening. >> the change she's fighting for. >> you say in the book respect you finally realized the power is not in your legs. where have you found your power? >> in my voice. celebrating soul. ♪ what you won't do to find love ♪ >> the tributes tonight for "what you won't do for love" singer bobby caldwell. ♪ we've got the brands, value and inspiration you need to own your style. only at macy's (vo) purina one has the inside story on your pet's health. it starts inside the gut... with purina one with microbiome balance.
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♪ thanks for joining us. we begin tonight with a major test of abortion access in america after roe v. wade was overturned. it's playing out in a tiny texas courthouse. at issue, a crucial pill used to end pregnancies in the first ten weeks. the decision by one federal judge could pull the pill off the market and have implications that go far beyond abortion. abc's mireya villareal is in amari amarillo. >> my body, my choice! >> reporter: in the small texas city of amarillo, the future of abortion access for women in all 50 states hangs in the balance.
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>> my main concern is the babies. that is my main concern. >> women have the right to have abortions, and you can't turn the rights around. it's not okay. >> reporter: in an unprecedented high-stakes case, a federal judge is deciding whether to overturn decades-long fda approval of a pill used in medication abortions in the first ten weeks of pregnancy. >> our point is to protect the american public, to protect the men, the women, and the children. >> folks are out here to protest, and we are running a kangaroo court, because so is he. >> reporter: the hearing so sensitive, the judge tried to keep it quiet in the days leading up to it for security reasons. his decision could potentially pull@abortion medication mifapristone off the shelf, further limiting access for 64 million women, even in states where the procedure remains legal. >> i'm incredibly worried that a
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well-studied, safe and effective means for people to end pregnancy is going to be taken off the market. >> seeing the reversal of roe was a great triumph. but it's very much phase one in our movement. >> reporter: this case, the latest flashpoint in the long-running abortion debate, further inflamed when the supreme court struck down roe v. wade last summer. ending the federally protected right to abortion that women held for 50 years. >> we won't go back! we trust women! >> this case has the potential to dramatically change the landscape of abortion access in a way that i'm not sure any single decision has really done since the supreme court overturned roe in dobb. >> reporter: the drug was approved in september 2000 by the food and drug administration. since then, it has been used safely by millions of women to end unwanted pregnancies in conjunction with a second drug, mizaprostol. medication abortions account for
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over half of all abortions in the united states, according to gut maker, an organization that supports abortion rights. >> one tablet that causes the pregnancy to weaken its attachment to the wall of the uterus. the second medication is sent to the pharmacy, and that medication helps the uterus to contract and expel the pregnancy. >> reporter: dr. eileen gerapy is the director of complex family planning at cornell medicine. >> medication abortion is incredibly safe, safer than tie then local. it is more well-studied than most prescription medicines on the market. >> reporter: the lawsuit claims otherwise. the anti-abortion plaintiffs making the unprecedented argument that the fda exceeded its authority and ignored intense side effects because of pressure to approve the drug. it seeks to withdraw approval for the drug, taking it off the market immediately. in states where abortion is legal, only in-clinic procedures would be allowed. the suit was filed by conservative legal group, the
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alliance defending freedom, on andorganizations. tion doctors >> any court to look at the law and to look at the science should agree that the fda has failed its responsibility to protect women and girls and that it's time to remove these drugs from the market, or at a minimum, to put back important safeguards on their use. >> reporter: a 2008 congressional watchdog review found no wrongdoing in the fda approval process involving the drug. the fda standing by their approval stating "mit is safe under certain conditions," causing the claims without merit. >> it's not based in science, it's not based in the medical literature. >> reporter: all of this happening in a state that often serves as a testing ground for anti-abortion legislation. of both legal and political ter- fights around abortion for more
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than half a century. >> reporter: the case striking fear among abortion rights advocates. >> i am willing to just go out there and stand, because what this moment calls for is political courage. >> reporter: rachel carmoda is executive director of the women's march. she was outside the court protesting. >> the idea that this drug has been on the market for so long, what does that say to you? >> i mean, everything about the case is irregular. we're talking about that for a case that's been approved for so long. the merits of the case are questionable. >> if it's not about the merits of the case, what is this about? >> in my opinion, it's about a politician who is in robes and moving a political agenda forward. >> reporter: the case also has the potential to impact medications far beyond abortion. >> i think if these plaintiffs are successful in getting a district court to essentially override the scientific judgment of the fda, then the sky's the limit in terms of what kinds of scientific questions could be subject to judicial second-guessing. >> i think other drugs could
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face judicial scrutiny. we don't see this kind of legislative interference with anything that involves men's reproductive he is. we don't see it with penile implants, with viagra. >> reporter: for anti-abortion activists, today's hearing was another step towards stopping abortion in all 50 states. >> we're advocating against direct abortions, intentional abortions, where a pill, two pills, are being taken to intentionally end the life of a whole, living human being. >> reporter: kristin hawkins is the president of students for life of america. the group has been a vocal and vigorous presence at nearly every major abortion event. we were with her in 2018 as she embarked on a tour that lobbied for brett kavanaugh's supreme court confirmation. >> there's a lot of credit that goes to the trump/pence administration for the appointments of strict accompanyingalist judges.
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ending roe ended a horrific wrong that was done to our country. >> reporter: the case is now in the hands of u.s. district judge matthew kaczmarek, nominated by president trump, confirmed by the senate in 2019 by a vote of 52-46. he's known for his conservative views on issues like abortion, lgbtq rights, and same-sex marriage. >> senators, i think it is reasonable to ask if i can abide by an oath that requires me to fairly and impartially apply the law as it is written, regardless of my religious beliefs. yes, i think that is part of your advise and consent function. >> can you give me that assurance? >> i will. yes, i do. >> we know from his short time on the bench that he has sided with quite conservative causes. i think the plaintiffs in this case have a good sense that this judge is likely to be sympathetic to their effort based on his background. >> reporter: but those who know him personally say he's fair and impartial. >> i think judge kaczmarek, matthew, is one of the smartest people i know. always willing to listen and to
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hear all sides of a situation and consider its long-term impact. >> reporter: sherry sadler has known judge kaczmarek for at least 25 years. she runs christian homes and family services where kaz mczma served on the board. >> christian homes and services is about changing lives and building christian families by providing free maternity services. >> reporter: kaczmarek resigned from the board once he was appointed a federal judge. p>> it's no accident this case was filed in this district, in front of this judge. so this is the only judge who sits in this particular port in texas. so filing a lawsuit here guarantees that you will draw this judge. for the most part, those have been successful challenges to biden administration policies of various sorts. >> reporter: citing security threats, judge kaczmarek initially tried to keep the date from the public, only adding it
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to the court docket on monday after objections from advocacy groups and media organizations. >> it's quite unusual to deliberately keep secret the date and time and even existence of a hearing in any case, let alone a high-profile case like this. >> reporter: already providers have debated what to do if access to medication for abortion is restricted. >> there are other ways people might still be able to do medication abortion. one regimen is to use misaprostil only. that requires higher doses to be taken more frequently. it's still highly effective, it's still incredibly safe. >> what will happen if the abortion pill gets taken out of the market? >> the community will come together. women have been getting abortion for millennia. as long as we have lived. so they will not stop people getting abortions. >> reporter: as for the next step in this legal battle, whoever wins, the case will likely be headed to the fifth circuit court of appeals and maybe on to the u.s. supreme court.
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>> our thanks to mireya. up next, the two-time olympian who's speaking out about a former running coach and the two sexual assaults she says she endured. why she's decided to go public. e falling asleep and staying asleep— you know, insomnia. before i found quviviq, an fda-approved insomnia medication for adults, you would not believe the things i used to think about when i couldn't sleep. hey, linds. i need you to sign this business contract. all 114 pages. lindsey! lindsey! hey, lindsey! it's workout time. hey, big man, we're in the middle of something here. yeah, it's called physical fitness. just a couple dozen more questions, lindsey. don't forget to pack your phone charger for tomorrow morning's flight. it's plugged in right over there. lindsey? quviviq helps you get more sleep. and when taken every night, sleep continued to improve over time. that's why i take quviviq nightly.
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fastest female long-distance runners in american history. kara goucher, a world championship medsallist, two-time olympian, and marathoner. >> running is life-changing. it's given me so much freedom and strength and power. >> reporter: goucher was a little girl when she says she found her calling. >> my grandpa, when i was 6 years old, took me to my first race. and i actually fell at the start. and he thought, oh, no, she's going to hate this. but instead, i surprised him by saying, "they're getting away from us!" i loved the freedom of it. >> reporter: she ran for university of colorado and became a threetime ncaa champion. goucher reached new career heights when she was given the opportunity to work with legendary coach alberto salazar. >> he was a legend. he won the boston marathon. he won the new york city marathon three years in a row. the more i got to know him, the more i really liked him. >> reporter: in her new memoir, "the longest race," goucher says publicly for the first time that sexual assault allegations that
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led to salazar getting a lifetime ban at the olympic and national level in 2021. >> it's really hard. i feel a lot of shame. i feel embarrassed that this happened to me. i was an adult. i think it's important that i use my voice in this moment and also just to let let other women know, you're not alone. >> reporter: are goucher is sharing what she says has been a painful secret. >> i had never seen a coach give an athlete a massage. so i just thought, he's just so dedicated. i kind of convinced myself that was normal. >> reporter: her voice is now joining a chorus of other female athletes forcing a reckoning in women's sports. >> i was molested by the u.s. gymnastics national team and olympic team doctor, larry nassar. >> reporter: nassar now serving decades in prison for abusing hundreds of women. just last year, an independent report released on women's soccer uncovered systemic verbal and sexual abuse by several coaches in the national women's soccer league. >> those who were in a position to make a difference, didn't.
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they not only failed to respond appropriately to evidence of abuse, they had also failed to institute the most basic measures. >> reporter: for goucher, she says her ordeal began in 2004 when she first met coach salazar. she and her now-husband adam were approached by nike to join their prestigious running team, the oregon project, which trains some of the world's top athletes, including olympic gold medalist mo farah. >> i became the first woman to join. >> were you thinking, alberto can take me to the olympics? >> the longer i was there, i really believed that he was the person that could get me there. so much so that, later on, i felt like i was nothing without him. >> reporter: goucher says while training with sal ra czar, she made great strides, running some of the fastest times of her life, including representing team usa at the 2008 beijing olympics. all the while, goucher was rationalizing what she says was unusual. salazar sometimes personally massaging his athletes. tell us about the moment you
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felt, this isn't normal. >> i was in a hotel along with alberto in italy. he was giving me a post-workout, pre-race, what he would call flush. and it just felt wrong. i was thinking, there's no way he's touching me like that, i'm imagining this, he's just a bad masseuse. but really i was frozen. not knowing what to say or do or accept that this was happening. >> reporter: goucher says at the time, she didn't tell anyone about the massage. >> i felt like maybe it was just a mistake. even when i thought at all about telling someone, who would i tell? everyone that i interacted with at nike was male. all the way up the chain. >> reporter: she says it happened again years later while the two were in lisbon for a race. >> he goes to give me a massage. it was the same situation where i felt his finger was going where it shouldn't be going. and i was so uncomfortable. and i just remember thinking, i can never travel alone with him
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again, i can't put myself in this situation. >> reporter: goucher left the oregon project and says she never spoke about the alleged assaults until she was questioned by lawyers about doping allegations against salazar as part of a u.s. anti-doping agency probe. in 2019, salazar was suspended four years by that agency for doping violations. allegations he has denied. but in 2021, he was banned for life by another agency for sexual misconduct. in her book, goucher says that she testified about the alleged touching before safe sport, an organization that investigates abuse claims in olympic sports, and that her allegations were the basis for his lifetime ban. has he ever apologized to you? >> no. you know, that's really all i want. i just want acknowledgement and apology. i'm not angry, but it has turned my life upside down. >> reporter: nike said in a statement in part, "sexual misconduct has no place in
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sports or society and is something we stand vehemently against. alberto is no longer a contracted coach, and we shuttered the oregon project several years ago. mr. salazar did not engage in any doping of his athletes and not a single athlete was found to violate the rules." salazar claims in part, "any claim goucher was sexually assaulted by they is untrue. i have never sexually assaulted miss goucher and never would have done so. the accusation is deeply hurtful and abhorrent and contrary to my fundamental beliefs as a husband, father, and deeply devout catholic." any satisfaction that he will never be able to participate in the running world again? >> honestly, it makes me a little sad. because i know how much he loves it. i think that's his whole life. but at the end of the day, he should not be coaching. >> you say in the book that you finally realized the power is not in your legs. where have you found your power? >> in my voice.
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>> our thanks to linsey. up next, what you won't do for love. celebrating singer bobby caldwell. ♪ do for love you've tried everything but you won't give up ♪ ♪ in my world for love what i would not do ♪ despite treatment it disrupts my skin with itch. it disrupts my skin with rash. but now, i can disrupt eczema with rinvoq. rinvoq is not a steroid, topical, or injection. it's one pill, once a day. many taking rinvoq saw clear or almost-clear skin while some saw up to 100% clear skin. and, they felt dramatic and fast itch relief some as early as 2 days. that's rinvoq relief.
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♪ i came back to let you know i got a thing for you ♪ >> a singer/songwriter with a soulful sound. bobby caldwell was perhaps best known for his 1978 hit, "what you won't do for love." he found a new audience decades later among hip-hop artists, sampled by both notorious b.i.g. and tupac shakur. caldwell died tuesday at home with his wife in new jersey. he was 71. may he rest in peace. that's "nightline." watch our full episodes on hulu.
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