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CNN Live At Daybreak
A Look at Some of the Cases That Will Come Before U.S. Supreme Court; Examining Whether Tom DeLay Will be Able to Overcome Obstacles Facing Him
Aired October 07, 2005 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: It is Monday, October 3, an historic day for American justice. Assisted suicide, abortion, the death penalty -- the Supreme Court prepares to tackle some big issues with a brand new chief justice.
An afternoon boat excursion turns into a nightmare in an upstate New York lake.
And the investigation into a suicide bombing takes a grim turn in the international press.
ANNOUNCER: From the Time Warner Center in New York, this is DAYBREAK with Carol Costello and Chad Myers.
COSTELLO: And good morning to you.
We'll have more on the Bali suicide bombings in just a minute.
Also ahead, crews are fighting three fires in southern California. We'll update you on their progress.
And it's not exactly marriage, but gay couples in Connecticut have new legal rights.
But first, now in the news, overnight a dream of a lifetime came true for American Gregory Olsen. He's now aboard the international space station, having arrived with two astronauts. The astronauts will replace the current two member crew. Olsen will return with them aboard a Russian Soyuz spacecraft.
This is the third day of Operation Iron Fist, a new U.S. military offensive in Anbar Province. About 1,000 Marines are trying to rout insurgents from an area near the Syrian border.
After Katrina and Rita, something positive for New Orleans. The Army Corps of Engineers says it expects to declare the city dry by tomorrow or Wednesday. Levees that failed have been repaired and pumping continues.
To the Forecast Center and Chad -- good morning.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.
(WEATHER REPORT) COSTELLO: Justice John Roberts -- his era begins today. The new chief justice will be front and center when the court convenes for its next session. His presence could affect how you choose to die and if your children can get an abortion without your consent.
We want to touch on those issues this morning as the Supreme Court enters this term.
Couple that with President Bush's decision on who should replace retiring justice, Sandra Day O'Connor and you have one interesting day in court.
Former U.S. Attorney Kendall Coffey joins us live now -- good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: Kendall, let's start with the cases coming before the court.
Oregon's assisted suicide law. In escape, it allows doctors to help terminally ill patients die. The Bush administration is challenging that law.
What can we expect?
COFFEY: Well, dramatic in terms of all the moral issues. In the legal terms, it's essentially a states rights case. Five justices, over time, had suggested that if a state chooses to authorize its terminally ill patients under certain conditions to seek assisted suicide, they can do so. On the other hand, Carol, we all recall that four months ago, when California's medical malpractice law collided with the federal national war on drugs, the Feds won. A very interesting close case.
And one of the things to look for is how will Chief Justice John Roberts consider the states rights issue, which was something that his mentor, the late William Rehnquist, believed in very strongly.
COSTELLO: Interesting.
OK, on to the next issue, this New Hampshire parental consent law. It requires that an abortion provider have to give a minor's parents 48 hours notice before their child gets an abortion. The U.S. Supreme Court will consider whether that law is too restrictive.
How do you expect that to play out?
COFFEY: Well, some of it will depend on whether Sandra Day O'Connor continues to be on the court when the case is actually decided. It comes up in late November. And I think we can expect that Chief Justice John Roberts is not a fan of "Row v. Wade," but that rather than drive a bulldozer into precedent he doesn't like, he may use a sculptor's chisel, seeking to downsize things like abortion rights over time rather than vaporize "Row v. Wade" overnight.
COSTELLO: Let's talk about Sandra Day O'Connor's role, because, I mean her vote may not matter in the end, right?
COFFEY: Well, in certain cases it won't. The more difficult thing is going to be in cases that she hears -- for example, just this Wednesday is going to be the legal assisted suicide case in Oregon. And if she is not still on the court as of the time that the case is actually decided, it could create four to four ties, which they're going to have to find a way to resolve.
So in addition to everything else and the fascinating question of who will replace her will be the impact of cases where she could be, as she's been so many times before, the fifth and deciding v.
COSTELLO: OK, so let's talk about who President Bush might pick to replace Sandra Day O'Connor. That decision could come down today.
Who do you think?
COFFEY: Well, we heard the word diversity. We also know that the road map of the John Roberts confirmation, where you had someone who is reliably conservative, but reliably non-controversial, would sure make a whole lot of sense right now.
So I think I would expect a woman or a minority who's got relatively little controversy.
On the other hand, I could be completely wrong because there's a lot of indications that the attorney general, Gonzalez, who might be a little controversial, is still someone that the president would like to choose.
COSTELLO: It's interesting because he's controversial because some conservatives don't like him.
COFFEY: He's -- yes. There isn't a certainty as to where his position would be on things like affirmative action or abortion rights. On the other hand, there are some Democrats who would want to ask him a few questions about some of the positions he's taken as attorney general.
COSTELLO: Kendall Coffey live in Miami this morning.
Thank you.
An investigation is underway after a tour of New York's Adirondacks Mountains ends tragically on Lake George. Authorities suspect a 40-foot excursion boat was swamped by the wake from a larger boat and it flipped over. At least 20 passengers, elderly Michigan residents on a tour of the lake, were killed when the boat suddenly flipped.
Witnesses talked about what they saw.
(BEGIN VIDEO CLIP)
JOANNE RAHAL, WITNESS: When we got there, the boat was upside down and there was people trapped underneath the boat. And, you know, the -- I think somebody -- they did try to lift up the boat. But then when they did that, the boat started to sink all the way. And it did all the way sink. And, you know, we were just -- we were trying to get any people that were under the boat, but there was people floating in the water and we did -- I mean I got them to my boat, but I mean we did CPR on them and, you know, I don't think that they made it. They were -- oh, they were just, I just, a bad experience.
ANDREA SAUSE, WITNESS: We came down and we were help bringing blankets. And we were pulling the elderly out of the boat. There were like tons of them and they were all frantic. And a lot of them had like chest problems and stuff. And so we got most of them out of the boats. But I saw like 20 people that were laying on the grass that were covered and they were dead.
(END VIDEO CLIP)
COSTELLO: Twenty-eight other passengers managed to survive. We're going to have a live update for you from the accident scene, from Lake George, later this hour.
Mandatory evacuation orders have been lifted in southern California and that is good news. That's thanks to the firefighters there getting an upper hand on several wildfires. The Topanga fire charred more than 24,000 acres north of Los Angeles. Seven firefighters were injured battling that fire.
Another fire burning near Burbank, California also mostly contained. More than 1,000 acres were burned in that fire.
And in San Bernardino County, people are returning to their homes. The fire there almost completely contained. So a bit of good news for you this morning.
Still to come, the pictures are disturbing and now Bali investigators are launching a rather gruesome campaign to find out who's behind a string of suicide bombings.
Also, it's called Operation Iron Fist. We'll take a look at the military's latest move to weed out insurgents in western Iraq.
And later, we'll take a close look at Connecticut's new civil union law for gay couples. How do these legal unions differ from marriage?
But first here's a look at what else is making news this Monday.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE (voice-over): As CNN celebrates its 25th anniversary, editors at "Fortune" magazine compiled the top trends that are shaping our future.
Your eyes are your body's most highly developed sensory organs. And when vision problems develop, most of us will do everything in our power to see clearly. From eyeglasses made out of high tech plastic to disposable contact lenses to Lasix surgery, these technology advances offer us the latest options to restore our eyesight to 20-20.
ANDY SERWER, EDITOR-AT-LARGE, "FORTUNE" MAGAZINE: In the future, there are all sorts of possibilities. One thing would be a natural replacement lens and sort of a muscle regeneration process. So scientists are going to be able to go into the eye and actually help the eye rehabilitate itself and fix itself and correct itself, which is just truly stunning.
(END VIDEO CLIP)
COSTELLO: Security has clamped down tight on the normally tranquil Indonesian resort island of Bali. We just got this amateur video in yesterday. You can see it shows a quiet restaurant in Bali. Watch as it turns to chaos after this blast.
Three suicide bombers killed 19 people and wounded more than 100 others. Australians, Japanese, Indonesians are among the dead. Some Americans are injured. Investigators found the legs and heads of three people, but not the bodies, an indication the heads are those of the three suicide bombers.
In a rather macabre move in the investigation, photos of the three heads are being shown on television and in newspapers. Police are hoping that someone will recognize them.
Your news, money, weather and sports.
It's 6:12 Eastern.
Here's what's all new this morning.
Tragedy on the lake -- investigators will be back on the scene this morning in Upstate New York, where a boat flipped over Sunday. The boat was carrying senior citizens on a tour of Lake George. At least 20 people died.
In money news, "Flight Plan" remains sky high for the second straight week. The Jodi Foster airline thriller captured the top spot at the box office, with $15 million. The movie may have actually gotten a box office boost after a boycott was encouraged over the film's portrayal of flight attendants.
In pop culture, Pulitzer Prize winning playwright August Wilson is dead. Wilson's cycle of plays chronicled the African-American experience in each decade of the 20th century. Wilson died of liver cancer. He was only 60 years old.
In sports, the first regular season NFL game outside the United States was played in Mexico City. More than 103,000 fans, the largest crowd ever at a pro-game, watched the Cardinals and 49ers go at it. And, oh, yes, the Cardinals won, Chad, 31-14.
MYERS: Well, there you go.
(WEATHER REPORT)
COSTELLO: That's the latest headlines for you.
Some major political rumblings in Iraq today. We'll bring you the latest now.
Iraq's Kurdish president, Jalal Talabani, wants the country's Shiite prime minister to step down. He accuses Ibrahim al-Jaafari of monopolizing power in the transitional Galveston. The two men lead the Shiite-Kurdish coalition that governs Iraq. Now, if the coalition becomes unstable, well, that could spell big problems for the nation's budding democracy.
The U.S. military is pressing on with its latest offensive in western Iraq. Operation Iron Fist has moved into a second town in the volatile Anbar Province. About 1,000 U.S. troops are trying to root out insurgents in the region.
Concrete blast walls go up in some Shiite schools in Baghdad. The extra protection is being put into place after a deadly attack on teachers at a school south of Baghdad last week. And it comes after al Qaeda in Iraq declared an all out war on Shiites.
Still to come on DAYBREAK, today's "Business Buzz."
But first, good morning Charlotte.
(COMMERCIAL BREAK)
COSTELLO: Time now for a little "Business Buzz."
Ready to spice things up Mexico style? Mexican breweries hope their best selling drink, the michelada, will be a big hit across the border. It's a beer served with lime juice, sweet and sour spices, chili pepper and a salted rim. I have a stomach ache right now.
Those of you who log onto the Internet from home are showing a need for speed. A new survey finds more than 40 percent of you who access the Web at home use a broadband connection. That's up 16 percent from the first of the year.
He's facing charges in an alleged campaign finance scheme and he's lost his leadership role on Capitol Hill.
We're on to politics now.
Can the man known as "The Hammer" bounce back from the pounding he's gotten over the past week? Tom DeLay says he can, but some of his colleagues aren't so sure.
More now from CNN White House correspondent Elaine Quijano.
(BEGIN VIDEO TAPE)
ELAINE QUIJANO, CNN CORRESPONDENT (voice-over): He called the Texas indictment against him frivolous and politics at its sleaziest. Embattled former House Majority Leader Tom DeLay insists he'll continue working closely with the House's top Republican.
REP. TOM DELAY (R), TEXAS: And I will advise the speaker and I will work on the agenda. I wouldn't call it run the show. I call it working together to get our agenda done, just like we've done for the last 11 years.
QUIJANO: DeLay also predicts he'll be back in his old leadership position soon.
But at least one Republican doesn't want that.
WOLF BLITZER, CNN HOST: And do you feel comfortable with Tom DeLay as your leader?
REP. CHRISTOPHER SHAYS (R), CONNECTICUT: No, this administration needs to resolve some issues and this Congress needs to resolve some issues. We got elected basically by saying we would live by a higher moral standard, and I don't think recently we have.
QUIJANO: Democrats are taking aim.
REP. RAHM EMMANUEL (D), ILLINOIS: I find it ironic that here we are on the 11th year anniversary, this week that just passed, of the Contract With America, where the Republicans said we're going to clean up Washington and clean up the mess and become -- bring fiscal responsibility to Washington. The House Majority Leader indicted. The Senate Majority Leader under question.
QUIJANO: DeLay's indictment comes on the heels of other GOP headaches. Senate Majority Leader Bill Frist is being investigated for the recent sale of stock in his family hospital business.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: And Brownie, you're doing a heck of a job.
QUIJANO: President Bush is working to erase negative perceptions about the Katrina response and Iraq. And both the president and lawmakers are facing low approval ratings -- Mr. Bush at 40 percent, according to the latest "Newsweek" poll, and the Republican led Congress even lower, at 32 percent.
REP. DAVID DRIER (R), CALIFORNIA: Obviously, we've gone through a difficult week. I acknowledge the fact that we've gone through a tough week.
QUIJANO (on camera): Add to those issues high gas prices and the ongoing CIA leak investigation again in the news last week.
As for Tom DeLay's indictment, administration officials believe President Bush's agenda will not be affected and say the president continues to focus on his priorities.
Elaine Quijano, CNN, the White House.
(END VIDEO TAPE)
COSTELLO: A bit of developing news to tell you about this morning.
You're looking at a fire at some horse stables. This is in southwest Miami-Dade County, Florida. Wd understand six horses have died. We don't know much beyond this. We don't know, you know, what kind of stables, what kind of horses were in the stables. And we don't know how the fire started.
But, again, we do know that six horses are dead.
When we get more information, of course, we'll pass it along to you. This is from WSDN, our affiliate in Miami.
Did you miss the big stories over the weekend?
Well, we've got them for you now in our "Rewind."
Its name in Chinese means "Dragon King" and this typhoon was a monster as it slammed into Taiwan on Sunday. It made landfall with wind gusts over 125 miles an hour. Disaster officials say 46 people suffered minor injuries.
For the first time since hurricane Katrina hit, the faithful attended Sunday mass at St. Louis Cathedral in New Orleans. The church has been on the same site for nearly 300 years. Archbishop Alfred Hughes vows that neither the city nor the church will be defeated.
Thousands of runners took an unexpected detour in Sunday's Army Ten-Miler Race in Washington, D.C. Police actually had to divert some of the runners after a suspicious item was found under a bridge. Police later said the item was construction equipment. No winner was chosen. Instead, the race was renamed a fun run.
Twenty thousand people take part in this race, the Army Ten Miler. And it's a big deal. But there was no winner and most of the runners had to race an extra mile-and-a-half. So I guess you could call the Army Eleven-And-A-Half Miler.
Still to come on DAYBREAK, as the Supreme Court prepares for today's opening session, the question remains who will replace Justice Sandra Day O'Connor? Some insights from the White House in our next half hour.
Plus, new legislation in Connecticut is allowing legal unions for gay couples. Actually, it's a new law. But how is it different from marriage, civil union, that is?
Those stories and much more when DAYBREAK continues.
(COMMERCIAL BREAK)
ANNOUNCER: From the Time Warner Center in New York, this is DAYBREAK with Carol Costello and Chad Myers.
COSTELLO: And good morning to you.
Thank you for waking up with us.
Chad will be along in a minute with your forecast.
Also coming up this half hour, tour boat tragedy. We'll take you live to Upstate New York for the latest on that boating accident.
And civil unions -- we'll have a closer look at Connecticut's first of its kind law.
But first, now in the news, the Supreme Court opens its new term this morning with John Roberts taking over as the new chief justice. In the meantime, President Bush is still deciding who to nominate to replace retiring justice, Sandra Day O'Connor. We'll have more on that in just a minute.
In southern California, firefighters have gained ground on the three largest fires burning there. But there is concern this morning that a return of those blistering Santa Ana winds could spread embers and spark more wildfires.
American space tourist Gregory Olsen is now aboard the international space station, having arrived overnight with two astronauts. The astronauts will replace the current two member crew. Olsen will return with them aboard a Russian Soyuz spacecraft.
To the Forecast Center and Chad -- good morning.
(WEATHER REPORT)
COSTELLO: One down, one to go. Chief Justice John Roberts begins his first Supreme Court term today. But another spot still needs to be filled and President Bush could pick another court nominee any day, maybe even today.
White House correspondent Dana Bash joins me now with more on some of the possible choices -- good morning, Dana.
DANA BASH, CNN CORRESPONDENT: Good morning, Carol.
How are you?
COSTELLO: I'm fine.
So the president must have a short list.
Who do you think is on it?
BASH: Well, just sort of, you know, the big picture here about where we are, you know, I talked to some senior advisers late last night who said to be on "high alert" as early as this morning for somebody to actually be announced. So we're certainly waiting for that.
The question of who's on it, you know, as we know from recent experience, Carol, this is a president who holds his cards very close to his vest. Only a small handful of people know exactly who he's going to pick. What we do know are the hints that he and his advisers, even his wife, have been dropping, over the past few weeks about perhaps wanting to put a woman on the court to replace Sandra Day O'Connor, or perhaps a minority. So we are going to be looking potentially for that.
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