there are many circuits that have n adopted rogers, including t fourth, fifth and seventh circuit t think way that advocate which is wect can take tvided nature of the us account under the likelihood of confusion standard which is the statutondard. the second point is i would grant you there ar a number that have fd rogers but many of the cases involve titles as rogers involved the title. th ninth circuit has dramatically expanded the scope >> that is my qn. parody whether it is everything else. >> i think rogers st by the ninth circuit is not l to. these, so the court if you are saying that rogers is integral i think you would probablye case logically be saying it shouldn't beed not just cases involving parody, but others -- >> i don't know why that is logical because we not dealing with titles or anything else. >> i think our pal response is if thenale for the decision of the court a with the lanham act, it's hard how that would be to parodies and not apply to other uses of marks that are currently covered by the rogers test. >> is the government's position that the case of likelihood c

you know, i think that bodes for perhaps how the fifth circuit might ultimately read the tea leaves circuit court of appeals is not necessarily bound to always end. this ip eight and try to figure out how the supreme court justices will rule because they will take into consideration the potential to be overruled or whether to be, you know, essentially validated from the supreme court or to be, you know, not have their cases even heard, so i think it does, in a sense, give them a bit of a understanding what the supreme court may do. but again, this is still needing to go through the full course of things, and normally we don't have this sort of friday night by midnight, self imposed deadlines by the supreme in court on a decision of such consequence, but an issue like this did essentially call for it. what do you think? the timing of all this will be? so the fifth circuit is moving quickly, but it certainly will take them well into the summer, so even if they will say in the summer or in the early fall, it would get back up to the supreme court, then kind of at the start of their term next y

, which is one of the more favorable circuits.uit is where we see, you know, a lot of injunctions that are done by activist judges, many of whom are trump appointees, in order to shut down legislation that the biden administration has attempted to move forward. so we've come to kind of regard the fifth circuit with a fair amount of dread with all of the negative precedent that they're coming out with that really can harm the immigrant community. damian: yeah. and let me bring in jorge now. because you are a daca recipient, jorge, how does that make you feel listening to that? jorge: yeah. you know, of course it's a worry. right? it's always in the back of my mind. right? as we move forward, as we work with families here at the law firm helping them adjust their statuses and really find that pathway, right, for a peace of mind, i can't help but think about my peace of mind, right, about, you know, being a dreamer and being--you know, checking all the boxes that it requires to be a dreamer; going to school, graduating, you know; the

the regional circuit courts of appeals and justice alito happens to have the circuit so the emergency request from the biden ministrations and the drug manufacturer, danko went to him. and typically, what happens is an individual justice will refer the issue to the full court. now according to his order. he has not yet done that. but i cannot imagine that he has not consulted with his colleagues. they would definitely know where people stand because they wouldn't have to win this postponement. just because of one individual justice they saw . they gave themselves more time because as a group. they are not ready. again the major news into cnn, the supreme court temporarily extending this pause on abortion pill restrictions until friday night. we're going to stay on top of this story and bring you the very latest stay with cnn news central, we're back in moments. thehe day you t your clear choice dental implants makes every day. let's dig in day chow down day take a big bite day perfectly delicious day love my new teeth day because you're clear choice day is the day everything is back o

because now the fifth circuit has two real choices.ice number one is it could affirm judge cosmetics ruling but that decision would not have immediate effect because of this stay this day will remain in place, no matter what the fifth record does. choice number two is that the fifth circuit actually read some tea leaves here and thinks the writing is on the wall. the supreme court is not going to ultimately side with judge kaczmarek. and maybe that this could actually reverses judge kaczmarek and says he was wrong at which the case might actually come back to the supreme court, with the challengers asking the supreme court to weigh in, and the supreme court might say no. so jessica is right that the total focus now shifts to the fifth circuit. the good news for all of us is that it won't in this kind of haphazard friday night emergency posture because no matter what the fifth rocket does this stage is going to remain in effect until the supreme court either takes up the case and decided on the merits or denies a petition for review fro

they are asking the fifth circuit to make this decision by noon on thursday that way, if the fifth circuit doesn't go their way, they'll be able to immediately appealed to the supreme court by the end of the week before the texas judge's order takes effect. um what the doj is saying in their very lengthy filing here is that rather than preserving the status quo, as preliminary relief is meant to do. the district court upended decades of reliance by blocking fda approval. they go on to say that the district court took extraordinary this extraordinary step. despite the fact that plaintiffs did not seek relief for many years. so the doj just hammering the case yet again, asking the fifth circuit to step in at this point, and while that's all happening as we await for the fifth circuit to see if they will, in fact, put this order on hold even longer. the doj is also going to that. washington federal judge asking for clarification because as you'll remember within minutes of the texas ruling on on friday evening, a washington federal judge ordered fda to keep all of its protocol in place to kee

, so the fifth circuit will rule one way, the ninth circuit will rule a different way, and the supremeourt will say, "now there is a conflict between two circuits, and that means we should probably hear this case and decide the issue on the merits." >> reporter: as vice president harris, who's been the administration's leading voice on abortion access, slammed the texas decision as a dangerous precedent. >> there is no question that the president and i are going to stand with the women of america. >> monica joins us now from the white house. what else, monica, could the biden administration do here? >> the justice department could file an emergency appeal with the high court while it also tries to get the texas order blocked by the fifth circuit. a strategic call that likely will become apparent in the next week or so jose >> monica alba at the white house, thank you. >>> now to a mystery involving top-secret military documents. someone may have posted a batch of stolen files online, sparking a major investigation by the u.s. government. allie raffa now on just what's in these document

as for the integration circuit? i really have little to add to what i said, we are in favor of all multilateral structures, sub-regional structures, without exception, and all countries without exception, which are located on the vast common eurasian continent, to be part of this process, at least they should be open there are doors for all such organizations of all such countries, if we take the eurasian economic union, and there are, uh, its relations with the shanghai cooperation organization. the same relationship exists between the sco and the cis. and between the sco and asean, an association of southeast asia. so here is such a network of cross contacts of cross links, it is already being formed, and i am convinced that these processes will make it possible to translate. contacts are already in achieving real practical material benefits for all involved. eh, these eh these processes. as for the second part of the question. uh, are we afraid of interaction between, uh, western countries, whether it be the us o

put a stay on that order so we could hear from the supreme court as to whether the stay the fifth circuit put in place moves forward or if that will be stayed as litigation and texas continues over the abortion bill. >> what's the impact either way, what could happen particularly for women? >> if the supreme court puts a state it would respect the pill across the country so if wego back to 2016 , that means that patients will have to go to providers in person. and that's very difficult for southern states where there is abortion bands and youhave to travel out of state . then people who are further than seven weeks into pregnancy would not be able to use it. and if there's a larger implications for the fda this is the first time a court has pushed to overturn an fda approval. something i've seen a lot of folks say is the drug industry attorneys have all pointed to the fda as the gold standard of drug approval because challenging that approval creates a lot of uncertainty for other drugs and could potentially open the door for challenges to other approved drugs. >> i wanted to talk about t

the fifth circuit is a very conservative circuit. what does that mean? it means their interpretations of various decisions. this certainly very controversial abortion we need to know is colored by that we also need to know that trump appointed i believe six of the 17 justices there. normally an illegal conversation would be absent that right and we could just talk about the nature of the statute the nature of the ruling, but i think it's important to provide context when we're talking about the fifth circuit, mississippi, louisiana, texas that it's very conservative. so we have to look at it in that way, with respect to actually what's happening here. we know that another conservative judge in texas, you know, really imposed mass restrictions on this particular drug that has been out since two thousand's our 2000. that's 23 years, and we should also note that that's as a result of the fda approval the federal drug administration that is the entity that really examines whether we're not something should be brought to market and making that assessment they

that is a test of the fourth circuit. the ur circuit is looking, in that case everything was happening with third-party inrmion and they are trying to tease out the credit report, did they contribute to the crit report, was it based on the network failure to notify the employee? the fourth circuit said the exact same thing the pintiff said. four times in its brief. that you're looking for the harm. what is the harm caused? the plaintiffs suffered a terrib fe. the argument is people were radicalized by isis. if you start with the concession that dissemination of thosis videos are in a claim based on that is barred, the queson is what additional comefrom the way it was organized? the governntays, i don't know, let some state figured out. that inohelpful for internet sites that have to work on a naon level, organizing billions of pieces of information. >> you are happy with the henderson test, the fourth ciuit test? >> yes, henderson is 90% correct. i got a little lost going down the common law and publications. the result w

the ninth circuit held it over brought on a much oar theory. i suppose you could come if you did not wantoeach that question, you could try to do it and say the nth circuit reasoning wawrg and there mit be alternative arguments for overbreadth and send it bac to that purpose. i view it as a sub issue of the overbreadth argument, not as a diinct issue that the court usually remands. >> we would haveo rt it out. isn't it mpcated to determine the extent to which the speech incident to criminal conduct scenario, what i understandou to be relying on, breach of conduct as well? >> i think the court crossed that bridge the year after our reply breach and again in pittsburgh paper. in williams thatesibed relying on pittsburgh paper, a civil sefor the unprotected category of speech that seeks to induce illegal transaction. we think we cssed the bridge already. i am sensitive to the idea these are hard questions of aiding and abetting in first mimic law and the first -- and awkward posture. i want to emphasize all we think you have to ci today is the sta

where in the circuit court _ transition. where in the circuit court pressures l transition.the - circuit court pressures are in 2010 one of his king is budgeted at kings charity regenerative disability with hundreds of thousands of pounds are gathered. it’s hundreds of thousands of pounds are gathered-— are gathered. it's so important us was and _ are gathered. it's so important us was and that's _ are gathered. it's so important us was and that's why - are gathered. it's so important us was and that's why we're i us was and that's why we're grateful. hi i'm rachel with the catch tonight, vegan unities, a dumping ground transformation. first, if you gamble online, the amount of money you can bet could be about to change. the sun newspaper is reporting that the government is introducing a £2 bet limit for online site games. rebecca was 19 when she first started gambling and tell us what life was like for her. he got to the point where i was just gambling and it was boring but i had to do it because that side of my brain was seen gamble, gamble, gamble. some other stories _ ga

this circuit is the most conservative judicial circuit in the country. the fifth circuit is the newsmax of the judicial situation. they will make a harder ruling in one way or another and that will be immediately appealed to the supreme court. we are looking at some time maybe this time next year, maybe october 2024 before the supreme court actually gets around to hearing the full case and providing clarity to the situation. confusion is part of the point. one of the things activists are trying to do is to add confusion and fear into the system so that people don't even know what they do and do not have a legal right to do. having the law be confused actually works in favor of what the birther's are trying to do and their allies in the judicial system are trying to do. host: mark in austin, texas, democrats line. . caller: good morning. host: you're on with our guest, go ahead. caller: i want to ask our guest -- i understand what he saying about clarence thomas and you can look at it some things he has done i want to ask the desk -- i want to ask the gue

circuit veteran, captain knows perfectly well the fifth circuit accessio flounce the norms of judicia review of agency action. he won't like that because i has consequences for the broader assault on the administrative state being pursued by conservativ activists. and welcomed or invited by justice neil gorsuch and clarence thomas. that's not to mention -- reassert inches i should say -- that abortion should remai legal in states that is puttin abortion back in the hands o the state. taking it away from federa purview. what do you make of that argument >> i'm not sure how much weigh that carries these six conservative justice tend to think like a block and they were -- whether or not they have disagreed with each other on other issues, they were mean -- put into supreme court essentially banish abortion. i'm not sure brett kavanaugh i the guy who's going to be th swing vote maybe he will be what i do think is tha whatever the court decides t do the fact that they will permit these quote unquote pro-life doctors to have standing in case where they don't prescrib mifepristone not only d

i looking forward to getting back on the circuit? good.— on the circuit? good.e circuit? good. i can remember the _ on the circuit? good. i can remember the first - on the circuit? good. i can remember the first time i | on the circuit? good. i can - remember the first time i took him to buckmore park, when he had his first cart race, like yesterday. had his first cart race, like yesterday-— yesterday. the first time i came to — yesterday. the first time i came to buckmore, - yesterday. the first time i came to buckmore, in - yesterday. the first time i i came to buckmore, in 2011, i found a stone which happened to have what i consider to be the three pattern on it, which seems surreal. it had probably been there for thousands of years, but it'sjust been there for thousands of years, but it's just become a number for years, but it's just become a numberfor me ever since. years, but it'sjust become a number for me ever since. take it nice and _ number for me ever since. take it nice and easy. _ number for me ever since. take it nice and easy. don't - number for m

in the night circuit many favored nonliability. these platforms re not present at the time of the attack. we had no relationsp th the attackers. and our state of mind was the opposite. this is negative intt. we are opposed to this. i understand. >> where they went wrong was in mixing up what the object of aids and abets is. the object of aids and abets is is the target of international terrorism, -- >> allow my colleagues to answer -- ask questions. >> justice alito hasoued on what i think is a central issue. which, as you've conceded is item number the. the knowingly and substantially. i am aite bit afraid of going on the kwi standard becausein is something that we have sa, nonstitute -- blindness is something that can constitute knowledge. and their allegation is that ere are similar vase to the ones that were tak o the platform -- similar names to the ones that were taken off of the platform. and they did not follow up on the similarly named entities. i would like to concentrate, maybe i'm wrong ain that -- wrong about that. >>

i think the fifth circuit, _ more about this? i think the fifth circuit, the _ more about this?nk the fifth circuit, the court - more about this? i think the fifth circuit, the court in - fifth circuit, the court in question is going to hear more arguments in the middle of may. this is going to roll on for some time yet. this will be seen as a big victory for the biden administration, they've been very vocal in criticising that original decision by the federaljudge in texas. and drugs manufactures as well because something the critics of the decision were saying that if onejudge of the decision were saying that if one judge it is day can actually throw out all this uncertainty about a drug that has been approved for over 20 years of use, that actually undermines the whole system in the whole regime of drugs approval. the whole regime of drugs approval-— the whole regime of drugs a- roval. ., ., approval. you mentioned the fact that we've _ approval. you mentioned the fact that we've had _ approval. you mentioned the fact that we've had all - approval. you mentioned the fact that

the circuit court of — supreme court? the circuit court of appeals _ supreme court?. | supreme court? the circuit i court of appeals cope it... we are fairly certain this will be challenged, we already heard the pro—abortion extremist biden administration will challenge it. this is the best for women in our country, there complications were chemical abortion drugs that can cost woman her fertility, abortion drugs that can cost woman herfertility, can cost her health, cause significant damage to her body or even take her life depending on some of the factors behind your pregnancy if she takes those drugs not knowing that she has an ectopic pregnancy or is our hedge negative or further along so this is a pro women decision and pro life but pro—women and we are a pro protecting women. thank you so much. and later tonight — we'll be speaking to drjamila perritt, the president and ceo of physicians for reproductive health. stay with us here on bbc news. hello there. i hope you've been making the most of the easter sunshine because on sunday the weather starts to change wi

but the situation is far fro resolved the case will now go back to the fifth circuit court of appealsh is considered t be the most conservative appellate court and the country, where it will be argued in front of a three judge panel beginning on may 17th. meanwhile, there are at leas two other cases regarding th legality of mifepristone in a separate case out o washington state, a judg recently ruled that the fd must preserve access to th pill, although the ruling in that case only pertains to the 17 states and the district o columbia that signed on this point of three days ago, genbiopro, the manufacturer of the generi version of mifepristone filed new lawsuit against the fda, i a bid to ensure their produc doesn't get pulled off the mar it at eight yet another strand of complication to the entir issue. because of how contentious confusing and conflicting this situation has become in just a matter of days, it's almos guaranteed we are going to regardless of how the fift circuit rules on that may 17th hearing, it will be appealed again and it will wind up back at the supreme court at

those involved in the racing circuit say _ it. those involved in the racing circuit say they _ it.volved in the racing circuit say they put _ it. those involved in the racing circuit say they put animal - it. those involved in the racing . circuit say they put animal welfare at the heart of what they do and they always have people on standby to check on the horses, what do you think needs to be done in order to make races like this are safe so they could go ahead, or do you think they could go ahead, or do you think they should not go ahead at all? i don't think they should go ahead at all, and most of that is reactive. vets on the racecourse are just patching up injuries, so that's the reactive something, we need to see a proactive approach where racing stands up to these horses and says, enough says, enough is enough, the grand national is killing horses every year, to dead last year, dead again this year, it is consistent, despite the changes that have gone on, i spoke in parliament back in 2011, asking for changes to the fences, and that did actually happen, but it is still a l

we're still in the fifth circuit.he justice department could run to the supreme court if necessary if it thinks that the fifth circuit is going to drag its feet on this or not rule their way. that's something to watch this week to see whether in fact they jump over the fifth circuit and go straight to the supreme court. >> we'll be watching along with you, laura jarrett, thank you. >>> what house democrats are doing to protect access to abortion pills that's coming up in just 60 seconds. (seth) not to brag, but i just switched to verizon. (cecily) wow! (seth) and i got to choose the phone i wanted. for free. (cecily) not that you're bragging. (vo) switch and choose the phone you want, like the incredible iphone 14, on us. (cecily) on the network worth bragging about. (vo) verizon subway keeps upping their game with the subway series. an all-star menu of delicious subs. like #8 the great garlic - rotisserie style chicken, bacon and garlic aioli. i've tasted greatness. great garlic though - tastes way better. can't argu

is you can see justice alito, the one who receives these papers as the one in charge of the fifth circuithere this came from you will see him potentially putting what's known asan administrative say, which just basically puts everything on hold it doesn't rule on the merits, doesn't say the justice department is right. all it does is just keep everything on pause so that the justices have time to evaluate they have this midnight deadline they can't possibly decide on the merits right now they usually put one in as a place holder, to say we want to look at this more carefully. let's put in a stay in the short-term they might do that they might not again, if they don't do anything, doing nothing is doing something in this case. >> doing nothing is doing something. let's talk a little bit about what happened in florida overnight. 11:04 p.m., laura knows very well she got a call about it immediately once this went into effect, but a six-week ban in florida down from a 15-week ban. why would governor desantis, who is trying to be the conservative leader for the republican party, at least it ap

circuit judge. we can get anybody to improve the spots. the rules changed. a couple of years ago we approved 98 judges to fill the circuit as it should have been. that person has been set. i have the people can try to work in a way that is good for america, good for this institution and if they don't, a democracy is not 60 out of 100, a democracy is a majority. >> changing that long-standing senate rule did what? you're going to regret this day. quick that is right. mitch mccoelgets to say you're going to go through this day allowed. he said that in 1987 and he came back and this was november of 2013. the republicans were in a minority. they were able to stall. it was the d.c. circuit judge. they kept blocking and barking and barking. one person got on. they're working yet there were these vacancies. senator reid change the rules. i remember talking not to just senators at the time but even justices. democratic appointees say i don't know if we should have done this. i understand why they did that. mitch mcconnell threat was real. sure enough, to get neil go

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it should be uh, and be able to read the circuit and assemble, we did it, it turns out the counter, itully considered, we did inspections and sockets so that everything worked. it works out. we want to run socket and switch by summits. we turn on the network and turn on 220 volts. we turn on the rcd everything works and that's all in the college of young people.

country, 32 cities, the biggest hat of the season ahead of seven more stages of 13 russian races in circuit racing under the hood of domestic not only the engine gearbox completely our production in the rain. turns in sevastopol reflected, and dronov , the head of the region mikhail razvozzhaev reported the details, according to his data, two surface ukrainian drones exploded, one was destroyed, and the other exploded itself happened it was on the outer roads of the sevastopol bay that no objects were damaged for several hours, the coastal waters were blocked, shipping, but from the donetsk republic they report a new shelling of makeevka , according to experts. vsu. slovak-made high-explosive rockets were used, two young women were killed , a total of 275 ammunition fired in the territory of the donetsk republic per day, report by stanislav vasilchenko the new week in donetsk began again with shelling early in the morning, they opened fire on the kuibyshev region, it was shelled artillery shells, as well as two missiles stuffed with magnetic anti-tank mines , on the eve of the armed ukraini

let's do it and don't make the mistake of being out of the circuit last year something about 15 unitsi think is close to eight years old, so that it is constantly being tested for size and placed in the production circuit on time . it is good for you that you have accompanied us until this moment, as always. i wish you a good weekend. god, it will be maintained . cartoon mom, now wait for god, someone else is coming, there was no god for me, there was no one but the merciful god , i had to leave afghanistan and settle in the city of torbat jam, khorasan province, and after some events happened, we came to tehran, and here is his activity. i have been performing since i was a teenager, and i have been a host of cultural and artistic programs, but i became interested in news work and it didn't stop me to come and see trainings in some of the trainings in the afternoon at the club of young iranian journalists with friends and to new trainings from friends who came from abroad , there is no family in iran, i decided that a documentary suggested by friends in afghani successful afghans who

and the clarity i which nin circuit made that error is actually revealed. i don't have a page numberut it's in the discussion of the facts of nzes. the ninth circuit says, the parties dispute whether or not the relevant principal violations is isis is broader campai oterrorism are the terrorist attacks. ithooses the former. and therefore ss that anything that isis does that you assist ything that isis does is assisting in an act of international terrorism. >> that's a level of generality. goinba and forth wh justice kagan about the other issues. i'm trying to figure out if the ninth circuit matter because you might know that you are aiding isis, it's going to relate to aiding in some terrorist attacks. but you are sayg at the plaintiff we talked tolled facts sufficient to show that twitter was being ud to plan this attk. putting that aside, and the knowledge and substantial assistancear >> go back to the level of inquiry. the plaintiff has to plausibly algehat substantial assistance was provided to the active international terrorism that injured the plainti

the ruling of this circuit rolls back the clock to 2000 meaning that the drug can no longer be mailed, it is only approved up to seven weeks of pregnancy, only doctors can dispense the medication, and it must be done in person. of course that is going to dramatically limit the distribution of this medication by rolling back the clock. host: we welcome the viewers and listeners the conversation. the lines are 202-748-8001, the republican line. 202-748-8000 for democrats. independents and others, 202-748-8002. she is the vice president of ks -- kff. reading some of your analysis on the implications of the rulings it was interesting that you pointed out that the plaintiffs contend that in 1873 anti-obscenity law, the comstock act comes into play, why is that? guest: this law is going to be much more visible in this whole discussion and coverage about this. about access to medication and abortion. this is an 1873 antiobscenity law that bans the mailing of anything that facilitates abortion. and so it has not really been an issue in the past because the risk mitigation guidelines would lim

is saying, no, you can't actually do thos things, even in states outside the fifth circuit.iden administration has said, we will go to the suprem court and asked them to pu aside the fifth circuit ruling and in any case to revolve any of the conflict between thes two rulings and hopefully th supreme court will act befor this court of appeals ruling i supposed to go into effect a the end of friday. >> leah litman, doctor joshu sharfstein, thank you both appreciate it. as the manhattan distric attorney received anothe threat, donald trump only adds fuel to the fire one of the latest risks to and created by the ex president, next >> for the second time since trump said he was going to b arrested and started attacking the manhattan district attorney, nypd had to rush to da bragg's office to investigate threatening letter in an envelope containing whit powder the powder was determined to b nonhazardous, thankfully the envelope contained a not along with a picture of brag and trump. the previous envelope, which was mailed from orlando, florida, according to postal markings, contai

there were a lot of questions that were not answered it he set on a case of mine at the circuit level the district. however, i discovered was also a special counsel to the administration where he confirmed an appointee through the judiciary committee which i had adjudication against that agency. my concern as i realized through public service announcements, where does the conflict of interest lie. i solicited against his confirmation for the supreme court although that case matriculated to the supreme court at that time. host: what would you like airgas specifically to address? -- our guest caller: caller: specifically to address? just the lack of transparency. host: thank you. guest: eight of the nine justices right now were judges in the lower court. if they hear a case in the lower courts whether they are a district judge or an appeals court judge or on the circuit court or all the judges of the circuit and they house anywhere from seven to 53 countries, then if the same judge becomes a supreme court justice he should refer -- he should recuse you in that the federal law. if a judg

, what's interesting is the fifth circuit has already set a briefing.eduled for this, and they have scheduled oral arguments pretty quickly to happen on may 17th so presumably potentially the supreme court on wednesday could say okay, we are going to grant a stay until the fifth circuit. he hears this appeal, and then it would really put everything on pause for likely weeks, if not months. so yeah, there could be more legal filings in the next five days, but everything is on hold until late wednesday night when the supreme court should yet again decide whether to continue this pause, or maybe do something different, like let these changes go into effect. okay jessica stay with us. also joining us cnn legal analyst joan biskupic. john there's so much focus on this because of the drug write it because of the access that it's had, but also because of the fact that this ruling just a week ago by this judge in texas, called into question the fda approval process. this drug was approved in the year 2000, and there has been a fair amount of data since then, in

the fifth circuit that is with the fifth circuit. we're going to see them started taking those briefs by next week and then hear oral arguments by mid may. and as we heard that could end up back with the supreme court, so this is far from over there is and of course, with the use of my free press down that represents the majority of abortion cases and how it's used, so it will be interesting to see how things play out. all right, isabel results appreciate it coming up . some evacuations are underway and sudan as foreign nationals hope to escape the fierce fighting between the two rival forces battling for control. we'll have the latest on the ground next, plus a cnn exclusive text messages revealed how trump operatives sought to use breached voting data to decertify an election in 2021 those details straight ahead. weeds have you surrounded your lawn back with scotts turf builder triple action gets three jobs done at once. swedes prevents cab gas keeps it growing strong bag of scots triple action today it's guaranteed feed it welcome

the fifth circuit has to reconsider this case, maybe on bonk the full fist circuit. then one or the other side, or both will ask the supreme court to hear the case. and so it's definitely gonna slow down some now. alright fascinating stuff. shan we appreciate your legal expertise as always. thank you. well this morning gunfire and street fighting in sudan's capital, khartoum disrupted a 72 hour ceasefire to coincide with the end of ramadan. more than 400 people have been killed since the conflict between the warring generals that began a week ago and the situation could quickly turned into a humanitarian crisis as thousands have already fled sudan and along with the refugees having to leave, is preparing to get diplomats out of sudan. but the white house says the private citizen should not expect an evacuation. cnn's larry madavo is live in nairobi this morning. what's the latest there? victor romero. we're now hearing that both sides to this conflict in sudan have agreed to let a number of nations evacuate the diplomats and citizens out of sudan. we heard yesterday

circuit court his opinions were pretty clear. at one point i think we have an analysis of this but at one point kavanaugh urged judges to defer to the fda and other agencies larmly on the ground courts could not compete with the agency's expertise kavanaugh also cited with the fda in a case whether the agency should be forced to provide access to an unapproved drug while the inverse of that is be forced to take away access to an approved drug, right and you would think he would follow suit. it seems like the writing is on the wall for this and yet i don't know i just wonder if the courts are going to be taking it off the table as a mechanism to enforce abortion restrictions. >> so i don't think completely, but i think in this case because we talked about standing that's a gateway issue. but even if you were to get past that then as you said, alex, getting into the business of the fda's decision making and the decision making of other agencies in this invasive way is just so hard to absorb for the pharmaceutical industry to absorb

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instead, the fifth circuit has had, that's just fine.t know, perhaps - perhaps the supreme court ma decide it does not work fo them but we don't know. you are looking at m skeptically because -- we know how the court is - >> we know how the court has ruled on abortion and wher they stand ideologically let's just say it >> sure. but there are a lot of reasons jurisprudence wise this migh bother them. >> absolutely. because this is preceden setting. setting aside the issue of abortion, what is bein proposed here legally is reall out of the ordinary and for th fifth circuit not to just toss this out on standing alone, think, is the big shocker. and setting aside the people who are at the heart of this setting aside a drug manufacturer, you are like wha does it mean to get the drug approved in the united's america in 2023? >> that's why you see all thes pharmaceutical companies hundreds of them, who have n relationship to mifepristone whatsoever, coming out in full force against the original texas decision because they ar so disturbed about

but note the fight continues a the fifth circuit is now scheduled to hear this ora arguments. joining me now is monica alb at the white house with. as weigh in for us where does the white house stand on what is ahead for tha when it comes to abortio rights and specifically th fifth circuit, and if that i coming passively back up depending on how they decide >> well the white house really does see this as temporary relief they were relieved you could say about this decision coming down today keeping the status quo, meanin that they will continue to remind those millions of women who may need access to thi drug that they can do so in th interim as this continues to work its way now through the lower courts but, the president and the vic president both warn that thi was indeed just something that was temporary and could change depending on what happens. so the president put it in ver clear terms saying that he was happy to see if i was going to pledge to continue to fight fo what he called politically driven attacks on women' rights and then the one who has bee the most outspoken

the fifth circuit court of appeals.t stayed part of that judge's ruling, but said that some restrictions could go into effect, including curtailing access to the drug by mail and shortening the pregnancy timeframe in which the drug could be taken. justice alito state, but all of that, as i said on hold until midnight friday, joining us long time, observed the supreme court, npr legal affairs correspondent nina totenberg, you know, so what do you make of the court moving the deadline by two more days? because when we spoke last week, he told me the court is running unusually behind schedule this term and that as far as you can tell the justice are not getting along particularly well, which is fascinating. well i think if they had been of one mind about how to handle this, in all likelihood, we would have gotten some sort of an order from the court today, but of course they've they've been hearing cases all week or oral arguments all week, and they have a conference a regular conference scheduled for tomorrow. so i would

court o appeal, it's the fifth circuit that covers the texas ruling there is the ninth circuit tha covers that washington rolling i don't know that we'll get an appeal out of there because think the fda is gonna be just fine with the ruling there if the fifth circuit does what it really should do under the, law and say no, they got i completely wrong, reverse. we're done that's what i hope is the case if the fifth circuit agree with judge as merrick, and affirms this decision, then fo sure we're gonna be at the supreme court and in between lots of chaos for people who want this medication we >> wow, all right, barbar mcquade, thank you, we hav more to come for you, barbara. stick around and we're gonna talk about all of the former presidents legal issues coming up had our next hour, the president and ceo of planned parenthood, alexis mcgil johnson, joins me with her reaction to the abortion pil rulings. and what her organization is planning to do to fight back against the decision in texas. it is been two days since tw day -- were expelled for taking par in protests against gu violence th