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CNN Live At Daybreak

President Bush's Selected Appeals Court Judge John Roberts as Supreme Court Nominee; Emily Making Landfall Along Gulf Coast

Aired July 20, 2005 - 06:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


FREDRICKA WHITFIELD, CNN ANCHOR: Questions about the so-called abortion pill. We'll examine the new FDA warning over RU-486. But first, now in the news, new anti-terror laws will be proposed on the floor of the British Parliament this morning. British Home Secretary Charles Clarke to outline new measures in the wake of the London terror bombings.
Federal Reserve Chairman Alan Greenspan heads to Capitol Hill this morning. He'll talk about the nation's economic outlook and is expected to make the case for raising interest rates again. A potentially toxic cloud is forming around a massive tire fire in southeastern Wisconsin. A low pressure system is heating the fumes close to the ground. The six acre tire fire could take days to burn off.

And CNN is your hurricane headquarters and we're watching a major hurricane this morning. Emily is making landfall along the Gulf Coast of both Mexico and Texas. Chris Lawrence is standing by on South Padre Island in Texas and Chad Myers is in the Weather Center. Chad, let's begin with you.

CHAD MYERS, CNN METEOROLOGIST: Well, the wind's obviously picking up there for Chris. The rain picking up as well. Every time the rain blows in, one of those outer bands blows in, that's when you actually get the wind to pick up. The storm right here, still not quite on land yet. Very, very close. Everybody being impatient here but still about 3.8 miles before the center of Hurricane Emily makes landfall there on that barrier island in northeastern Mexico.

Here is South Padre a little bit ago, this was in the complete clear, now this wind and this rain, this second band coming right through South Padre and it is going to be one heavy band after another now. There are no more breaks for Chris. This was the band that he felt about two hours ago. A break between this one and this one, but that's it. He is done now. He is in it. Chris, I want you to batten down the hatches, watch out for that flying stuff, keep your eyes out of the wind, too, because you never know what can get picked up there, even little branches hurt when you get stung in the eye with one.

WHITFIELD: Yeah. The rain hurt, let alone the other kinds of flying objects. All right. Chris, let's check in with you. Give us an idea of what the conditions are like. It looks bad.

CHRIS LAWRENCE, CNN CORRESPONDENT: Yeah, the gusts are definitely picking up here. Just in the last probably 15 to 20 minutes, definitely, as I said earlier, a little bit earlier, it dies down for a while but then every time the gusts come back. They're coming back a little bit stronger than they were the last time.

In the last half hour we spent a little bit of time near the ocean which is literally just about 10 yards away and you could see the waves are now splashing up right onto the deck here of the hotel. The hotel is build probably a good 40 yards, 50 yards from the end of the beach, maybe even longer than that but the water is now completely covering the beach and it's splashing up on the deck so we're definitely getting storm surge here. High tide probably still a couple hours away. So we'll have to keep our eye on that, especially with a lot of these homes that are built literally right up on the beach. Well, we'll have to watch out to see how they respond to some of the flooding problems that they may have. Also, not just here on South Padre Island but in other parts of Texas, there are some very low-lying valley areas and in the last half hour, the rain has started to pick up.

For a while, a couple hours there, we didn't have any rain and that is going to be a very, very big worry here because even though we're missing the eye, we didn't expect really extensive wind damage like we would have if we caught the heart of the storm here in South Texas. The storm is moving so slowly, a lot of people were very, very concerned about the rain and how much the rain might fall.

We lucked out for a while and we didn't have any rain. Now it seems like the rain is starting to pick up, so we'll have to keep our eye on that. And again, gusts dying down a little bit right here and then they come back again. A lot of folks here were here on vacations from all over the country, we spoke to people from Ohio, from Georgia, from New York, New Jersey. All over the place, just down here for summer vacation. A lot of people had their kids out here on the beach.

Some of them made the decision to get away in time, decided to cancel. A lot of people did not. A lot of people were hoping that within a day or two they can get back to their vacation and some of them are coming from so far away, some of those states like Ohio and New York, they said it just wouldn't be feasible to try to get on a plane and get home. They're going to stay here and stick it out for the most part. Fredricka?

WHITFIELD: All right. Chris Lawrence, South Padre Island, thanks so much. Take cover.

And keep it here throughout the day as we track the path of Emily. CNN is your hurricane headquarters.

Now the work begins, that's what Senator Diane Feinstein said about President Bush's selected appeals court Judge John Roberts as his Supreme Court nominee. After introducing Roberts, the president asked the Senate for a dignified confirmation process. Roberts would succeed retiring Justice Sandra Day O'Connor.

For more on the choice and the upcoming confirmation battle, we are joined by CNN national correspondent Bob Franken in Washington.

Bob, the senator said the work really just begins. Is that true? BOB FRANKEN, CNN CORRESPONDENT: Well, it is true for the Democrats now. They are going to have to try to be very delicate as they build up their case for opposition or if they decide that this is not really worth the fight. John Roberts is not, to use terminology they might use, a fire-breathing conservative. He is clearly conservative but he doesn't have a written record that suggests opinions that many people on the left side of the spectrum would consider extreme.

He's well known in Washington, he is considered a top-notch lawyer, gets along with Democrats as well as Republicans because they all work together here when they work in the law firms and the like.

Plus, he has only been an appeals court judge for two years, which is not a long time to develop a record. So the Democrats are huddling. They are going to see what their best posture is. President Bush is clearly proud, says his supporters and his aides, with the choice that he made and also they are getting quite a bit of pleasure out of the fact that they really kept all of us guessing yesterday as we bounced from one prospect to another.

It was sort of a question of the leaks going to kablooey yesterday as one person was mentioned for a while and that person would be abandoned for another person and all the while it was not until just about the last minute that the leaks finally came on to the right person, John Roberts, who of course then was named by the president in that little ceremony in the White House.

WHITFIELD: And Bob, the fact that he has only been a judge for two years, that kind of adds to some of the mystery, doesn't it, in that he doesn't have a whole lot of legal opinions in which people can draw conclusions by.

FRANKEN: Yes. As a matter of fact, the people who are in the abortion rights movement are focusing on a brief that he wrote challenging Roe versus Wade when he was working for the solicitor general's office in the first Bush administration and the answer that he gives when he was asked about that is that he was only doing what a lawyer has to do and that is representing the position of his client and in that first administration there was opposition to Roe versus Wade. He has subsequently said that he plans to deal with established law, there is a concept in law called stare decisis and he has suggested that when there is an established body of law, that's what he follows.

The people who are against him will say, well, as a Supreme Court justice, one has the opportunity to change that established law, so that's the kind of debate that you're going to be getting from this summer until confirmation time.

WHITFIELD: All right. Bob Franken, thanks so much from Washington.

Well, it didn't take long for the public battle over the nomination to begin. Supporters of Judge Roberts held a candlelight vigil near the steps of the Supreme Court. It probably won't be the last time we see people gathered at the court to show their preferences.

It also didn't take long for the Internet to catch up. This site, judgeroberts.com is up and running in support of the nomination, while on the other side of the coin there is savethecourt.org. For more on the Roberts nomination and what it could mean to the court, we are joined by law professor Mary Cheh of the George Washington University in Washington. Good to see you, professor.

MARY CHEH, GWU PROFESSOR: Good morning.

WHITFIELD: All right. The advocacy groups already have launched these campaigns. Web sites, locations, etc. This is going to be a confirmation process unlike we've ever seen before, given the fact it comes 11 years after the last nomination process, right?

CHEH: Well, we haven't been in this business for a while, that's true, but I don't think it'll be the kind of battle or anything like what you saw, for example with respect to Clarence Thomas. I do think that the choice has been an inspired one by the president because he has someone who he can thoroughly rely on as a conservative and yet someone who is very appealing in the fact that he has impeccable credentials and a nice temperament.

I mean he has almost a choir boy kind of an appearance and temperament and I think he will be a very hard target to attack in any kind of vicious or untoward way.

WHITFIELD: But at the same time, you could see that he might be a lightning rod for the political arguments in that some of his past does involve dealings with other political figures, namely his boss was once Ken Starr and we know him to be the special prosecutor during the impeachment process of Bill Clinton and he was a deputy solicitor general. Might the Democrats make something of this?

CHEH: Well, there is no question that this is somebody who was brought up with the Washington Republican right-wing establishment and has been thoroughly vouched by them. There is no question that the White House has assured itself that he is a person who would move the court to the right but he's not a person who is a lightning rod. He is not a person who is an in-your-face obvious radical such that he'll be an easy person to wrestle to the ground.

Not to mention when he goes before the Senate I think he'll be quite a match for anybody who attempts to sort of impugn him or cast him in a radical role. I think he is, as I said, quite an inspired choice by the president. He gets what he wants substantively and yet he has a person who is extremely intelligent and makes an absolutely wonderful appearance.

WHITFIELD: And how might the Senate scrutinize the fact that he is young, he is a 50-year-old who really could be quite impactful on that court if seated.

CHEH: Well, you know, the Republicans from President Reagan on, the first President Bush and now this president have made it an effort on their part, an overall effort to place on the bench both at the court of appeals level and the Supreme Court young justices. Remember, Justice Thomas was only 43 years old. It's a point of their strategy to put people on the court who will be there for a very long time and have a long term impact.

WHITFIELD: Professor Mary Cheh of George Washington University, thanks so much for joining us from Washington.

CHEH: Sure.

WHITFIELD: A former U.S. senator will do his part to introduce President Bush's Supreme Court nominee to former colleagues. Let's check in with CNN's Miles O'Brien for a look at what's coming up on AMERICAN MORNING. Good morning to you.

MILES O'BRIEN, CNN ANCHOR: Good morning, Fred. Where were you 36 years ago today.

WHITFIELD: Let's see - oh yeah. Well, I was in East Africa does that help?

O'BRIEN: Man walked on the moon 36 years ago today.

WHITFIELD: Sorry.

O'BRIEN: And if you were around, you would remember it. But that's not what we're talking about now. We're talking about Washington in full spin cycle mode this morning. We will pick up the morning after coverage of the nomination talking to the man who will guide Judge Roberts through what is expected to be a tough confirmation process. Aren't they all?

Also, Senator Ted Kennedy will be here. Kennedy twice voted against Roberts' nomination to the U.S. Court of Appeals. We'll ask him about those votes. I have a feeling he will share some opinions with us this morning. Plus, many Harry Potter fans probably just getting to that point where they find out who dies, right? Right, Fred? And it's kind of a sad thing because this is a character we are not going to reveal folks, but this is an important character and there is a lot of blue faces in the 12-15 year-old set so we're going to talk to ...

WHITFIELD: It's not fair.

O'BRIEN: ... the director of a popular Web site all about things - J.K. Rowling - she actually scored an exclusive interview with - and if you know this you're supposed to call her Jo Rowling if you know her well and she calls her Jo since she is on that first name basis.

WHITFIELD: Okay.

O'BRIEN: And we talked to her about how people are reacting to this really sad plot twist. So, anyway, that's what we got going. You were watching the moon landing, right?

WHITFIELD: Well, she did allude that there would be quite a few evolutions in this from love, death, all of that. O'BRIEN: And they can come back, too. It's wizards, they can always just come back, right?

WHITFIELD: That's right. All right. Miles, we'll be watching. Thanks so much.

O'BRIEN: See you.

WHITFIELD: Where there is a new warning out for a drug that has already faced its share of controversy. We'll bring you up to date on the FDA and the RU-486, just ahead on DAYBREAK. And here is a look at what else is making news this Wednesday morning.

(COMMERCIAL BREAK)

WHITFIELD: Your news, money, weather and sports. It's now 45 minutes after the hour. Or 15 before, depending on which way you look at it. Here's what's all new this morning.

President Bush will host his new Supreme Court nominee for breakfast this morning. Judge John Roberts is getting universal praise from Republicans and caution from the Democrats.

In money, President Bush says the Senate is on the wrong track by approving a big spending boost for Amtrak. The president wants to shut down some of Amtrak's money-losing routes.

In culture, CBS says it's got a papal page-turner in the works. The network says it's working on a miniseries about the life of Pope John Paul II. No schedule for the program has been set yet.

In sports, Larry Brown is out as coach of the Detroit Pistons. We told you yesterday that the team and Brown were negotiating and they finally reached a settlement which allows Brown to coach another team next season. Chad?

CHAD MYERS, CNN METEOROLOGIST: And good morning. Temperatures are going to be very warm across the East Coast. We'll just call it hot. You get a little relief tomorrow but then the temperatures come right back up for your weekend. Highs today 99 in Dallas, 100 in Denver and Salt Lake City, 93 in Washington, DC.

Here is Emily. Not onshore yet. Yes the eye wall is but the center has to come over land before it's official. Still a few minutes away from that but we'll know the Hurricane Center will e-mail us as soon as that happens.

South Padre Island, you're getting a good dose of rain right now. So is Brownsville. The entire area there around the Rio Grande. Also worried about that city out in the background. That's Monterrey, Mexico. Four million people live there and flooding is expected.

Fred?

WHITFIELD: All right. Thanks so much, Chad.

Well, we've got a warning ahead from the FDA. A last resort for many women may carry a dangerous side effect. We'll fill you in.

And later, an Australia woman accused of drug smuggling in Indonesia gets a chance to appeal her sentence. But first a look at who is celebrating birthdays on this Wednesday, July 20th.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back. It is now 10 minutes before the hour. And here is what is making news today. Some Israeli protesters vow they'll keep marching toward a Jewish settlement in Gaza. Security forces are trying to block them. The demonstrators are opposed to the planned withdrawal of Jewish settlers and Israeli troops from Gaza and parts of the West Bank.

Secretary of State Condoleezza Rice is in Africa today on a brief visit. She is talking about the importance of countries using trade and development assistance to their best advantage.

An Australian woman who is serving a 20-year sentence fro smuggling drugs into Indonesia is getting a chance to clear her name. One witness is expected to testify on behalf of Schappelle Corby today. Corby's lawyer may also ask for more time to gather other witnesses.

She suffered from cancer. Her brain stopped functioning, so why is Susan Torres being kept alive? CNN's Carol Costello joins us now for a look at what's coming up on AMERICAN MORNING. Good morning to you, Carol.

CAROL COSTELLO, CNN ANCHOR: Good morning, Fredricka. It's such an emotional story. We are following that story we brought you several weeks ago. You might remember Susan Torres. She was 15 weeks pregnant when an undetected tumor left her brain dead. Since then, she has been kept on life support so that her unborn child will have a chance to survive. Now doctors have reached a critical point in this case. We'll find out what that is and when they expect to deliver this baby, if ever.

Plus, a story most Americans have in common today, blistering heat, most of the country reaching the 90s and above. A number of heat-related deaths have been reported. We'll talk about the early warning signs of heat exhaustion and heat stroke and have some advice on what you can do to keep your cool, if that's even possible.

What Chad said, a record was set in Las Vegas, Fredricka, 117 degrees?

WHITFIELD: Unbelievable.

COSTELLO: Well, we'll have advice.

WHITFIELD: Okay, very good. Folks'll be tuning in for that. Thanks so much, Carol.

The Food and Drug Administration is investigating some rare but dangerous side effects from the abortion pill called RU-486. The pill was approved back in 2000. It's designed to terminate early pregnancy only when it's been less than 49 days since a woman's last period. Now the FDA is warning about the risk of a potentially lethal infection that can develop after using the pill.

Dr. Steven Galson is with the FDA. He joins us now with more on that. Dr. Galson, is it alarming enough that the incidence rate so far involves four reported deaths after the use of RU-486.

DR. STEVEN GALSON, FDA (on phone): Fredricka, we don't think it's alarming but it is something that we think the public needs to be aware of and physicians and patients take this drug - who take this drug have to be on the lookout.

WHITFIELD: So what is the recommendation? Labels on this medication?

GALSON: We are modifying the label and the key message in those labels is that both physicians who prescribe and patients who take the drug have to be aware of these rare but potentially very serious infections that may present in patients that don't seem like they have a serious infection.

WHITFIELD: So is that enough or are there other measures you are asking the manufacturer to take?

GALSON: We're - the manufacturer is ramping up their efforts to inform physicians, the medical community and patients about this potential risk.

WHITFIELD: The FDA apparently - you all have also received reports that in addition to these reported four deaths between the years 2003 and 2005, that apparently this serious bacterial infection could occur, bleeding and ectopic pregnancies may rupture.

GALSON: Right.

WHITFIELD: How long ago did the FDA receive information about these other reported adverse effects and why now are the changes being recommended?

GALSON: We have been making changes in the instructions for this drug since it was first approved, so this isn't all coming to light suddenly.

We've made the public aware, as has the company of potential risks with this product from the very first time that it was approved.

WHITFIELD: So these warning labels, because this is a step before the FDA would ask the manufacturing company to make any other modifications of the drug if not take it off the shelves altogether?

GALSON: When we make changes we wait to see whether the changes have had any impact on the problem that's taking place and if the same problem takes place we're going to have to think seriously about next steps but it's too early to say what those might be. WHITFIELD: And what does this do about those proposals to allow it to be an over the counter drug as opposed to right now by prescription?

GALSON: This is actually a different drug. The discussion about over the counter status has to do with what's called emergency contraception, or the morning after pill. This is a pill that causes a medical abortion, so a very, very different consideration. There is no consideration of making this pill over the counter.

WHITFIELD: Dr. Steven Galson of the FDA. Thanks so much.

All right. It's not five minutes before the hour. Time to give away DAYBREAK coffee mugs.

MYERS: Finally. I've been sitting up here waiting to give away this mug.

WHITIFIELD: Waiting, waiting, waiting. The time is here.

MYERS: Good morning, Fred. Here are the questions from yesterday.

"When's the next launch window for the Space Shuttle Discovery?" And that doesn't come until September because they need to be up there in the daylight hours.

And "What percentage of credit card companies' revenue came from late fees last year?" Thirty seven percent.

And the winner, Francis D. Gelormini from Gulf Breeze - I'm sure it's easier to say than that, but from Gulf Breeze, Florida. Congratulations. One mug on the way to Florida.

Questions for today. "How many cases has Supreme Court nominee John Roberts argued before the Supreme Court?"

And number two, "Category three hurricanes are classified by wind speeds in what range?" From where to where? I'll take miles per hour or knots. Cnn.com/daybreak. Back to you.

WHITFIELD: All right. Winners, we'll find out tomorrow morning. Thanks so much, Chad.

And we'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: A look at our top stories now. President Bush has nominated John Roberts to the U.S. Supreme Court. If confirmed, Roberts would replace Justice Sandra Day O'Connor, who is retiring. The president called on the Senate to hold a, quote, "dignified confirmation process."

New anti-terror laws are being proposed on the floor of the British Parliament this morning. British Home Secretary Charles Clarke is outlining new measures in the wake of the London terror bombings.

Iraqi army recruits were the target of a suicide bomber in Baghdad this morning. As many as six people were killed in the blast. More than 20 others injured.

From the CNN global headquarters in Atlanta, I am Fredricka Whitfield. AMERICAN MORNING BEGINS RIGHT NOW.

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