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Senate Kills Immigration Bill; More Flash Flood Warnings in Texas; Lake Tahoe Fire Half Contained; Supreme Court Turns in Decisions on Affirmative Action, Death Penalty; Oprah Winfrey Items Are on Sale

Aired June 28, 2007 - 13:00   ET

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

DON LEMON, CNN ANCHOR: Should the color of your children's skin help decide where they go to school? The highest court in the land writes a major new chapter on race and public education.
KYRA PHILLIPS, CNN ANCHOR: Eleven deaths and 11 days of flooding in Texas, and the rain keeps falling. Anywhere from four to 10 more inches expected today.

Hello, I'm Kyra Phillips in the CNN world headquarters in Atlanta.

LEMON: And I'm Don Lemon. You are live in the CNN NEWSROOM.

PHILLIPS: We begin this hour -- pretty busy -- with a stinging defeat for President Bush at the hands of his own party. A Senate vote effectively killed the immigration reform plan. We have live reports from congressional correspondent Andrea Koppel and White House correspondent Ed Henry.

Let's start with you, Andrea, on Capitol Hill.

ANDREA KOPPEL, CNN CORRESPONDENT: Kyra, it is an overwhelming defeat for President Bush and for many Democrats and Republicans, for that matter, who have been pushing for this immigration reform bill.

President Bush had two of his cabinet secretaries up here for weeks, all day long, working both sides of the aisle, and by 14 votes, the measure fell short. It was supposed to get at least 60 votes in order to pass this procedural hurdle. The vote was 46 to 54, against moving forward.

What that means is that -- to 53 rather. What that means is that, rather than having at least the potential of the most sweeping immigration reform in the last more than two decades, for all intents and purposes, both sides believe that immigration reform is dead, at least through 2008, the presidential elections and this Congress, Kyra.

PHILLIPS: So absolutely -- and now that we've reached this point, there -- nothing can be done between now and 2009 when there's a new president in place?

KOPPEL: Never say never up here, but certainly -- but certainly the big proponents of immigration reform don't see a lot of light at the end of the tunnel.

I've spoken with some conservative Republicans who helped to defeat this measure today, and what they said they're going to be moving to do is to get President Bush to pass an emergency supplemental funding bill that would give roughly $6 billion immediately to go towards beefing up border security. Because that is what they say was ultimately the Achilles' heel of this bill.

They just did not believe that President Bush and supporters of the bill were going to put their money where their mouth is and were going to make sure that that fence was in place, that increased border security would be in place so that you didn't have deja vu all over again from 1986, when they say the last amnesty bill was passed, and when they had promised all kinds of thing, that you wouldn't see more illegal immigrants.

And then fast forward to 2007 and we have anywhere between 12 to 20 million illegal immigrants in this country today.

So that was at the heart of what killed the bill, Kyra. And as to whether or not it can live to see another day, for the immediate future, it seems the answer is no.

PHILLIPS: And Andrea Koppel, I'm being told right now Michael Chertoff, head of the Department of Homeland Security, is getting ready to speak. Obviously, a supporter of the Bush administration, disappointed the immigration bill has been squashed.

MICHAEL CHERTOFF, HOMELAND SECURITY SECRETARY: ... that is, of course -- relationships and feelings I will carry with me long after this bill and long after I leave my current office.

Obviously, I am disappointed. I'm disappointed about the fact that there were some necessary tools which we needed to be able to do more than we can currently do in enforcing the law that, were left on the floor of the Senate today.

We don't have the mandatory employment verification system. We don't have a tamper proof card for undocumented workers which gives us visibility to what they're doing. We don't have some of the tough penalties that would have taken what we currently do with importers who break the law, which is give them a corporate parking ticket, and would have replaced that with some hefty fines. We don't have some procedural tools that will make it easier for us to enforce the law.

And, I have to say, we don't have $4.4 billion, which was in the Graham-Kyl amendment, that would have been very, very welcome in terms of giving us the resources to do what we're doing.

So the question then for me remains what do we do now moving forward? I have a job to do, which is to enforce the laws. Although they may not be adequate in every respect of the job, I will enforce the laws that we have. Therefore, we will continue to put boots on the ground, and we will put those 18,300 Border Patrol at the border, if Congress gives us the money to do it. We will continue to build the fence up to 370 miles I've committed to the end of 2008. And then beyond that, of course, it's up to the next administration.

We will continue to put out the high technology, the ground based radar, the cameras and the unmanned aerial systems and all of the tools which we are currently using and which we want to use to continue reducing the flow across that border in a way we've done over the last year.

We're going to continue to bring criminal cases against employers in record numbers. Some of those employers are going to be very unhappy. They're going to say, "It's unfair. I don't have a way of knowing whether somebody that I have working for me is truly a legitimate person or whether they've stolen an identity."

There was a measure in this bill that would have given me the ability to help those employers separate the identity thieves from the legitimate people. I will not have that tool as a result of today's vote.

Nevertheless, we will continue to enforce the law.

And, I have to say, you will continue to see heart-wrenching examples of families being pulled apart. Because I have an obligation to enforce the law, whether it's painful to do or whether it's pleasurable to do. But in order to regain the credibility with the American people that has been squandered over 30 years, we're going to have to be tough.

Let me say one last thing. There's a lot of talk about fencing, towers, and all of the things we need to do to enforce the border. And I have to say, I have a great deal of respect for those who have argued that we have to prove that we can enforce before we do anything else. I may disagree with them, but I respect them. And I respect the heartfelt emotion they bring to the table.

But I also want to make sure they and the public understand something. When I go down to the border in south Texas, and I say we're going to have to build some fencing, I hear an outcry from ranchers and mayors and people who say, "Well, we don't want the fencing in our state."

When I put towers up in Arizona, I hear people complain to the press, "We don't want towers. It spoils our view. It spoils the landscape."

When I want to enforce the law with respect to employers, I hear employers saying, "Well, it's not fair that you do this to me, because you're putting me out of business."

And this is the dilemma in which my Border Patrol agents and my Immigration and Customs Enforcement agents are placed. On the one hand, they are obliged to enforce the law. On the other hand, when they try to do so, they get a tremendous amount of pushback from the very citizens whom the law is supposed to be protecting and serving. I had hoped that the bill that we had presented in the Senate would resolve that contradiction. It hasn't. But I will certainly call on the media and everybody who's participated in this process to stand with us as we enforce the law.

I'm going to say to those people who say build the fence, come with me when I go to Texas and I tell the ranchers and mayors that they may not like it, but they're going to get fencing.

When I get people who say build more high tech on the border, I'm going to say come with me and stand with me when I say those towers are going to go up.

When people say enforce the law in the interior, I'm going to say come with me when we do conduct enforcement operations and we have to put people in detention and remove them. I think that's only fair.

I think we need to get support for enforcement, not only when the cameras are on, but when we and the agents in this department are doing the hard day-to-day work of protecting the American public and administering (ph) the law.

PHILLIPS: The immigration reform bill is dead. More than likely it will not resurface until the next election and the new president is at the helm. Homeland Security Secretary Michael Chertoff, extremely disappointed.

But he says he still has a job to do. He's going to focus on enforcing laws that are already in place, get as many boots on the ground to secure the border, if indeed he somehow gets some money through an emergency amendment.

In addition to continuing to build that fence around the border until 2008 and using high-tech radars and cameras to reduce illegal immigrants from coming into the U.S., also saying he will continue to punish and push criminal charges against employees (sic) that take on illegal workers.

We'll get reaction throughout the day on the fact that this bill has died and talk about it for the next couple of hours -- Don.

LEMON: As a matter of fact, we're going to get reaction now from the White House. As you know, Mr. Bush made immigration reform a key goal of his second term in office.

And White House correspondent Ed Henry is traveling with the president today. And he is standing by in Newport, Rhode Island, with the very latest on that.

What did the president have to say about this?

ED HENRY, CNN CORRESPONDENT: Well, Don, so much for that boast, that bold prediction the president made earlier this month in Europe, "See you at the signing ceremony." Apparently not.

The president, quite frankly, looked shaken when he emerged from this speech. He's here at the Naval War College, talking about Iraq. But he came out to make a short statement about immigration. This is clearly a blow. This is his signature domestic initiative. It goes down, because only 12 Senate Republicans -- 12 Senate Republicans -- supported him.

Meanwhile, on foreign policy, as you know, a growing number of Republicans on the Hill are also challenging him on Iraq. So he came here to the Naval War College to talk with what he says is progress on the ground in Iraq.

But just as he was heading on stage, wouldn't you know it, back in Washington, the immigration bill was going down. Afterwards, the president tried to revive the bill, but you could tell he was down.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I'm sorry the Senate was unable to reach agreement on the bill this morning. Illegal immigration is one of the top concerns of the American people, and Congress' failure to act on it is a disappointment.

American people understand the status quo is unacceptable when it comes to our immigration laws. A lot of us worked hard to see if we couldn't find common ground, and it didn't work.

(END VIDEO CLIP)

HENRY: Now, president -- a reporter asked the president at the end of that, could he have done more lobbying to try to get this done? The president not only did not answer the question, he did not look very happy at the question itself.

And as Andrea Koppel was reporting, now that it has died for now, it's going to be extremely difficult to bring it back this year and even harder to bring it back in 2008. Such a divisive issue is going to be difficult -- even more difficult to pass in an election year, Don.

LEMON: Ed Henry, traveling with the president in Newport, Rhode Island. Thank you, Ed.

PHILLIPS: Getting word now on little Madeleine McCann. You'll remember this little 4-year-old that had disappeared from her resort bedroom in Portugal last month. Her parents believed it was a kidnapping.

We're now getting word through Reuter's news wires that an Italian man has been arrested in Spain in connection to the kidnapping of this little girl.

Videotape there of her parents as they held a number of news conferences, pleading that authorities do something to find their little girl. This is 4-year-old little Madeleine McCann. Reuter's reporting an Italian man arrested in Spain in connection to her kidnapping. We'll follow it. LEMON: After too many days of nonstop rain in central Texas, they are watching the skies again. Flash flood warnings are still in effect, and two people are missing. It's in Williamson County. That's where floodwaters apparently swept their car off the road.

The news is a little better in Marble Falls, where floodwaters are now dropping. We reported about that yesterday.

CNN's Reynolds Wolf is there.

(BEGIN VIDEOTAPE)

REYNOLDS WOLF, CNN METEOROLOGIST: We're right on the banks of the Colorado River in Marble Falls, Texas. And take a look. Just here at the boat ramp, you can see just how high the floodwaters were at one point.

You see just the debris scattered all the way to the top from yesterday's flood. Then yesterday afternoon it dropped down considerably. Even more during the overnight hours.

And now you can see its present location. Pretty much normal at this point.

The reason why the floodwaters have dropped so much in the river is all due to the Lower Colorado River Authority. They operate the hydroelectric dams on this part of the river, and they've kept a dam, which is farther down river, Mansfield Dam, open. Four of the floodgates are open. And that has helped the water lower quite a bit.

It really was very high. You saw just by the boat ramp itself. But also look at that table over there. Yesterday, at peak flooding, water was well over the table, nearly up to the roof at some points. So that is really good news that it has dropped a bit.

What we do have to be concerned about is that, in the town of Marble Falls, people are without water at this time. So that's a very desperate situation.

Another issue, not the weather that happened yesterday, but what may occur tonight and through the rest of the afternoon. Got some scattered showers that are forming out to the west. Much of that moving in our direction. And the forecast calls from anywhere from, say, three maybe even as high as four inches of rainfall.

If that all falls in one big pocket, that could cause some more flooding issues. However, if that rainfall is spread out over many hours, well, the town and, well, the river should be able to handle it.

Reporting from Marble Falls, I'm Reynolds Wolf, CNN.

(END VIDEOTAPE)

LEMON: All right, Reynolds. Well, the big question is will the southwest get any rain relief? Karen McGinnis is in the CNN severe weather center. And she will join us with the forecast a little bit later on in the CNN NEWSROOM.

PHILLIPS: An usually destructive wildfire near South Lake Tahoe is now more than half contained. Firefighters are gaining ground. But what happens next depends on the wind.

CNN's Dan Simon now in Meyers, California.

Hi, Dan.

DAN SIMON, CNN CORRESPONDENT: Hi, Kyra.

Well, the winds have remained relatively calm today, although every now and again you do get -- you do get a gust. And that could pose a major concern.

Let me explain where we are. We're actually in South Lake Tahoe. And behind there -- behind that wooded area, you can see some smoke. It may not translate very well on camera. But that's where the fire is burning.

So the concern is that if these winds kick up -- and you do have a red flag warning through Saturday. If the winds kick up, the concern is -- is that it could hop over Highway 89, which you see right here.

Behind Highway 89, there is a subdivision, and it's got about 700 homes. So obviously, the goal is to keep the fire in that dense area back there and make sure that the flames don't hop over Highway 89.

Kyra, obviously so much devastation with this fire. The latest numbers we have, more than 200 homes destroyed: 229 homes destroyed. More and more people are going back into their devastated neighborhoods to take a look. It's always such a remarkable contrast to hear from the folks who lost everything, versus those who were completely spared.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Shocking. For me, it's shocking. My artwork (ph), papers. That's it. I'm sorry.

BARBARA ANDERSON, SOUTH LAKE TAHOE RESIDENT: I'm just so relieved to hear that, you know, we've got a house to go back to and it's OK.

(END VIDEO CLIP)

SIMON: Kyra, there is a growing sense that crews are getting an upper hand on this blaze. As you mentioned earlier, this fire now 55 percent contained. They did not lose a single structure yesterday.

Again, the X factor is the winds. If the winds remain light, you're looking at full containment possibly early next week. Of course, everybody is hoping that these winds remain calm, Kyra.

PHILLIPS: Dan Simon in Meyers, California, we'll continue to talk to you through the afternoon. Thanks, Dan.

LEMON: Race and education, capital punishment and mental illness. Two major Supreme Court decisions handed down on the last day of the term. We'll have details for you, straight ahead in the CNN NEWSROOM.

PHILLIPS: Millions of people take antidepressants. What happens if they get pregnant? Two new studies offer reassurance.

LEMON: And an American icon flying high. Bald eagles make a major comeback.

You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

PHILLIPS: We want to update you on a story we've been following for a number of weeks: the case of little 4-year-old Madeleine McCann. She has been missing for a number of weeks from her resort bedroom in Portugal. We reported this, actually, last month. These are her parents here that pled for any information regarding her whereabouts.

We're now being told an Italian man has been arrested in Spain in connection to her kidnapping. We'll continue to follow it. As we get more information, we'll let you know.

LEMON: Also, have some other developing news that's just into the CNN NEWSROOM. Just getting word -- CNN's confirmed that federal drug agents have gone into the office -- raided the office of pro wrestler Chris Benoit's -- his personal physician. They are in search of records and other items, according to the warrant.

According to a DEA agent here in Georgia, the raid at Dr. Phil Astin's office, which is located in Carrollton, which is in west Georgia, began last night. It concluded early this morning.

The agent wouldn't say exactly what they were looking for. But they do confirm that Astin had prescribed testosterone for Benoit in the past. But would not say what, if any, medications he'd prescribed when Benoit visited his office. The last time he visited him was on Friday.

As you know, over the weekend Benoit killed his wife and his son as well as himself. And also, anabolic steroids were found in the home, and those drugs are believed to cause paranoia, depression, violent outbursts, known as "roid rage."

So again, his personal physician's office -- offices have been raided, according to the DEA, CNN has confirmed.

PHILLIPS: Now as we mentioned earlier, the Supreme Court has handed down a monumental ruling in the endless debate over race and education in America. CNN's Brian Todd is standing outside the court for us. He'll give us more information on affirmative action -- Brian.

BRIAN TODD, CNN CORRESPONDENT: Kyra, the court has ended its term for the year on a very controversial note. Cases involving race always a real flashpoint for this court, and it certainly lived up to that today.

At the heart of it, two cities: Louisville, Kentucky; Seattle, Washington. They had public choice -- public school choice programs for their school systems. You could send your child to any school you wanted within limits.

The controversy came up when the more popular schools their slots close to being filled, both these school systems used race as a key determining factor in who got in and who got out.

Well, a short time ago, the court just struck that down, saying it was unconstitutional. It was divided very sharply along ideological lines, a 5-4 ruling.

Justice John Roberts, the chief justice, writing for the majority, saying, quote, "For schools that never segregated on the basis of race, such as Seattle, or have removed the vestiges of past segregation, such as Jefferson County" -- that's Louisville, Kentucky -- "the way to achieve a system of determining admission to the public schools on a nonracial basis" -- citing Brown v. Board of Education -- "is to stop assigning students on a racial basis."

But the dissenters were absolutely equally as passionate, even more so. Justice Stephen Breyer spoke for about 20 minutes, and at one point, his voice was breaking. He said, quote, "This is a decision that the court and the nation will come to regret."

Now, many, like Justice Breyer, believe that this is kind of a repudiation, a rollback, of the monumental court ruling, Brown v. Board of Education in 1954 that essentially ended segregation in the schools.

Here's what a U.S. congresswoman, Carolyn Kilpatrick, had to say about that.

(BEGIN VIDEO CLIP)

REP. CAROLYN KILPATRICK (D), MICHIGAN: We say it's a sad day. We will regret this day. This country is a great country, and this decision today will harm the integrity, the intellect, and the ability of the citizens of America. We stand with our colleagues. Shame on the court, Justice Thomas included.

(END VIDEO CLIP)

TODD: And that's a reference to Clarence Thomas, the only African-American justice on this bench.

Now is this really a repudiation of Brown vs. Board of Education? The people who applaud this ruling believe it's just the opposite of that. Here is Sharon Browne from the Pacific Legal Foundation, which wrote a friend of the court briefing for this case.

(BEGIN VIDEO CLIP)

SHARON BROWNE, PACIFIC LEGAL FOUNDATION: The -- Chief Justice Roberts, who wrote the opinion, used Brown to -- as an instructive tool and reminded everybody that the goal of Brown was to have school districts assign students on a nonracial basis. So this opinion is very much in line with the goal of Brown vs. Board of Education.

(END VIDEO CLIP)

TODD: The bottom line after this ruling: from now on, schools across the country, when they're trying to determine who gets into these public school spots where it's school choice, are going to either have to not use race as a factor at all in their decision or be very, very careful in the way they use it, Kyra.

PHILLIPS: Now, another decision was handed up today, on the death penalty. What happened there?

TODD: The court ruled in favor of a Death Row inmate who was to be executed. His name was Scott Panetti. His lawyers claimed that he was mentally incompetent to be executed, because he didn't understand fully what was going to happen to him and essentially why it was going to happen to him.

The court ruled in his favor, saying he cannot be executed, at least not right away, essentially; but there was a little bit nuance to that. They didn't essentially agree with Panetti's attorneys that he was too mentally ill and too mentally incompetent to understand what he was doing. They didn't go so far as to agree with that.

What they essentially said was that the lower courts didn't give enough consideration to his lawyer's claims of that. Essentially saying the lower courts are going to have to really reexamine this case, but for now this man cannot be executed.

It was a very strange case. He had represented himself in court. He wore a purple cowboy suit in court. He tried to subpoena John F. Kennedy and Jesus Christ.

But again, the courts, including the Supreme Court, showing by today's ruling, it's a real struggle to handle mental competency issues in death penalty cases.

PHILLIPS: Brian Todd at the Supreme Court. Thanks, Brian.

TODD: Thank you.

LEMON: Well, Ben Franklin had a lot of great ideas, but turkey as the national bird? We're glad bald eagles won that round. And we're really glad to see them winning again. Details straight ahead in the CNN NEWSROOM.

(COMMERCIAL BREAK)

PHILLIPS: You heard Brian Todd outside the Supreme Court talking about the decision that was made about affirmative action, and the fact that schools in Seattle and also Louisville, Kentucky, will not be able to use race as a factor in deciding who gets into what school. We are expecting the Seattle school district to a news conference. We will take that live as soon as it happens.

LEMON: From talk show host to magazine publisher, what hasn't Oprah Winfrey done? Well, there is one thing. And Stephanie Elam's at the New York Stock Exchange to tell us what it is.

Hi, Stephanie. I kind of knew it was going to happen. I mean, seems obvious. Right?

STEPHANIE ELAM, CNN CORRESPONDENT: Yes, it did, Don. I know. This is a story that you can relate to, since you used to live in Chicago.

LEMON: Yes.

ELAM: You know this area over here. Well, it's all about Oprah. And her name is obviously something that's synonymous with financial success. After all, "Forbes" magazine says she's a billionaire. And her latest venture? Retail.

Winfrey will open a store right next to her Harpo Studios, where she tapes "The Oprah Winfrey Show", so audience members can file in and out before and after the tapings.

Construction is already underway, in what is reportedly to be a one-story, 4,500-square-foot store. No opening date has been released. The Harpo Studios are about a mile west of Chicago's downtown in a part that I believe is called the West Loop. Right, Don?

LEMON: It is in the West Loop. The West Loop, some people call it West Loop/River North, what have you. But you know, that area was just completely blighted until she moved in there. And now it's like, you know, one of the fanciest places in Chicago to live.

This is a question. You know, no surprise. What's she going to sell here? Maybe -- I don't know, maybe her own merchandise?

ELAM: Hey, there's a big surprise. Yes. We're talking about an area that was really just all warehouses before. So -- and maybe a few other studios. But this is good for them.

Harpo officials aren't saying just yet what they're going to be selling. But you're right, Don. We have some guesses here. If you log onto Oprah's Web site, there's a boutique section. We found T- shirts, hats, tote bags, mugs, pants, pajamas even, PJs and baby clothes branded as oh, baby.

LEMON: One of the producers had a really good idea. She said she'll probably sell stuff from her favorite things show because those things sell all year. I went to one of those ...

ELAM: That's a good idea.

LEMON: I went to a store that had one of her favorite things on sale, one of the supermarkets in Chicago and it was never in stock. So many people wanted it.

ELAM: She has power. Whatever she says, it's like the Midas touch. It goes all the way, so the store, you're going to find a lot of stuff with "O" logo or the Oprah Winfrey show logo. There are also some DVDs, African crafts as well. She's got her school in South Africa as you know and so those crafts from there as well. We wouldn't be surprised if some of those items end up in her store. Maybe even beyond just her favorite things, but her book club items too. We'll keep our eyes out and see what happens.

Let's take a look at the market. It's calm before the Federal Reserve storms. Stocks are up modestly, but investors aren't making any big bets at the moment. Less than an hour from now, the Fed will announce its interest rate decision. The key rate has held steady at 5.25 percent for a year now. And most analysts expect the rate will remain unchanged. This would be the eighth straight time that it has done so. It's the Fed's policy statement which is likely to generate the greatest response from investors. We want to see what they are saying, moving forward.

Until then, let's check the numbers here. Dow was up about 14 points. Nasdaq better by 10. S&P 500 up by 4 points. We're also just kind of holding steady, not too far above the flat line just as we wait to hear all about interest rates. And also I should let you know, interest rates that affect all sorts of loans from credit cards to variable mortgages and that Fed rate decision is coming up in the next hour of NEWSROOM.

Don, we will have that info as it comes out.

LEMON: You are such a trooper, because I know you need to clear your throat and you made it all the way through.

ELAM: And it was fine right until I started talking. I don't know what that's about.

LEMON: That's how it happens, live television, go clear your throat. We'll check back.

ELAM: Thank you.

PHILLIPS: Straight ahead, young lives cut short. Five girls just graduated from high school, dead in a fiery car crash, while their friends look on in horror. We'll tell you what happened.

LEMON: And if you take drugs for depression, what should you do if you become pregnant? Ahead in the NEWSROOM, medication and motherhood, two new studies evaluate the risks to a developing baby.

(COMMERCIAL BREAK) PHILLIPS: More now on the missing case of four-year-old Madeline McCann (ph). We reported earlier that a man had been arrested, an Italian man had been arrested in Spain, possibly to the connection of this kidnapping. We're now being told that this Italian man was arrested on an international arrest warrant from France for another matter, unrelated to the Madeline case.

However, as they started talking to him and started their investigation on this other matter, they think possibly he may be linked to the Madeline case. He could be just a person that was trying to collect the reward for Madeline. He was staying at a luxury development in Spain, a very high-class area near Algiers and then according to Portuguese police, a woman was arrested along with him, a woman at the same address. So we're trying to sort it out. We're trying to figure out if indeed this man could be connected to the kidnapping case of this little girl who was taken away from her resort vacation place in Portugal a month ago.

We'll keep you updated.

LEMON: And of course the Supreme Court voting today that in Seattle and Louisville, that school admissions could not be based on race, that the criteria could not be based on race. So happening now in Seattle, Washington, a press conference by the school district that's involved in that.

In 2001, what happened, several white families, parents, sued saying about 200 students were not admitted to the schools of their choice, schools that were closest to them so they brought a case. The case went all the way to the Supreme Court and they are holding a press conference now.

Are we going to dip in or are we going to go live? We're going to follow this press conference for you. If we get any information that comes out of this, we'll bring it to you right here in the CNN NEWSROOM.

PHILLIPS: More rain is falling on Texas, adding to the flooding blamed for 11 deaths over the past week and a half. Two people are missing in Williamson County near Austin where high water apparently swept their car right off the road. Flash flood warnings remain in effect. Dozens of people have had to be rescued in Marble Falls, where the mayor reports extensive damage.

(BEGIN VIDEO CLIP)

MAYOR RAYMOND WHITMAN, MARBLE FALLS, TEXAS: The damage is even worse than I anticipated. We are seeing an enormous amount of damage to our infrastructure, bridges, streets.

(END VIDEO CLIP)

PHILLIPS: Mayor Whitman's own living room was filled with water.

What are conditions like right now? Let's check in with Karen Maginnis in the CNN weather center. She's tracking it all for us.

Hey, Karen.

KAREN MAGINNIS, CNN METEOROLOGIST: Hey and it doesn't give up and as a matter of fact, during the next 24 to 48 hours, a continuation of a very stubborn weather system. A cutoff area of low pressure that's just going to wind that moisture back up across the hill country of Texas. We have this i-Report, and this comes from a youth pastor in Texas. He says he was in the vicinity of Camp Wood.

This is looking at the hood of his car, he took this with his cell phone, about 100 miles west of Austin. He said he pulled across a gravel crossing. Yes, it had water in it, but the force and depth of the water moved him into even deeper water and as a result, he said he waited three hours to get rescued. That would be an unfortunate situation, but at least rescue did take place.

All right. This is what's happening now. In these green shaded areas, the light areas, that's where we have flash-flood watches. In the darker green you can see from Texas all the way down through Waco and to San Antonio, those are the warnings which have been issued.

Now, these are precipitation totals. Rainfall estimates since Monday, there you can see Marble Falls, 16.5 inches of rainfall. They are saying that right around Bandera and Medina Counties, that they have seen right around just today about six inches of rainfall. We'll keep you updated.

LEMON: Karen Maginnis, Karen thank you.

We're going to go back now live to Seattle to that public school district press conference. They were one of the school districts involved in the Supreme Court decision today. Let's take a listen.

GARY IKEDA, SEATTLE PUBLIC SCHOOLS GENERAL COUNSEL: The import of today's decision is clear. It is a case of first impression before the court with regard to diversity in K-12 education. We of course had a prior decision in the higher education context.

But today's decision really does provide us guidance in terms of what school districts can do to promote diversity. Five members of the court clearly have stated that diversity in public education is a compelling state interest. Four of the justices have clearly stated that as a principle.

The decision of Justice Kennedy was important in terms of his pivotal role on the court. He was a deciding vote. Justice Kennedy has also confirmed the importance and the legitimacy of diversity in public education. In terms of next steps, I think the school district will be guided by the decision. More pragmatically, I think we will all be focusing on Justice Kennedy's opinion as the linchpin for that court. Under Justice Kennedy's analysis, he has gone further in terms of my expectations, in terms of giving us guidance.

For example, with the -- with the pronouncement that race conscious, although not race specific measures can be applied by schools, districts, and not under the strict scrutiny test. For example, Justice Kennedy's opinion talked about race neutral measures, such as deciding the schools' attendance zones in assigning students to schools, allocating resources, recruiting students and teachers and tracking enrollment performance and other race-based criteria in terms of evaluating the success of our programs were all in a clear field.

Now, in terms of our specific case for the last five years during the tendency (ph) of the litigation, the district has held the integration tie-breaker in advance. The school district as you will hear is in the process of re-evaluating and re-constructing the student assignment plan for the 2008-2009 school year and as I said, that process will be formed by the community, will be formed by the court's decision and will go forward on that basis.

Thank you.

LEMON: That was Seattle public schools general counsel speaking there. Basically what he's saying about Seattle schools, they have this tie-breaker sort of system when they are allowing people into school to be exact. Here is what happens. When there are more applicants than space available and a school is not considered racially balanced, race is one of several integration tie-breakers used to achieve diversity.

So there is this tie-breaker that happens in the school system, which he was referring to and as the court said was unconstitutional. So they are working to try to find other ways to make their schools integrated and to abide by the court's ruling today.

We're going to continue to follow that story and bring you the latest right in the CNN NEWSROOM.

We're going to move on now and talk about drugs and depression. If you take drugs for depression, what should you do if you become pregnant? Ahead in the NEWSROOM, medication and motherhood, two new studies evaluate the risks to a developing baby. We're back in a moment.

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PHILLIPS: Some news for expectant mothers, could taking antidepressants hurt your unborn child?

CNN Medical Correspondent Elizabeth Cohen here to explain the results of two studies. What did you find out?

ELIZABETH COHEN, CNN CORRESPONDENT: Well, what these studies looked at is something women really need to know about. You really need to listen up if you are pregnant or if you're about to become pregnant. The two studies in the "New England Journal of Medicine," they say that there is a very small risk, but a risk that is there nonetheless, when pregnant women take antidepressants.

Let's take a look at the list of things that antidepressants increase the risk of: brain defects, this is obviously in the baby, abnormal skull development, GI abnormalities and heart defects. My goodness, that is quite a list. That is very scary. But it's important to say that these studies say that the risk, the increased risk is minimal. It's also important to say that the science on this is still a little sketchy. They've not written the final chapter of this book. But, still, these are two studies, "The New England Journal of Medicine" to say that the risk is there.

PHILLIPS: What should a woman do if she's on antidepressants and she wants to get pregnant?

COHEN: First thing you have to do is talk to your doctor. The first thing you have to do is not go off the antidepressants. Don't panic and say I'm taking myself off tomorrow, that's it. Big mistake. Your doctor is the one who should take you off, if that's what you and the doctor decide, and you would do it slowly. You would not do it quickly.

Some women and their doctors may decide, you know what? If I go off antidepressants I'm going to kill myself. If I go off antidepressants I'm going to become an alcoholic or become drug addict. That's far worse than taking antidepressants. So some women are going to decide to stay on these things. Other women are going to decide with their doctors, you know what? I was thinking about going off the antidepressants anyway. I'm not feeling so depressed. I think I'm doing much better. I'm on a very low dose to begin with and if there is a tiny risk, I don't want to take it. It's a very personal decision.

PHILLIPS: What if someone is on it -- someone is taking antidepressants and they don't mean to get pregnant, but they do. What do they do then?

COHEN: The first thing again is don't panic. It is not going to cause -- the chances are that it's not going to cause any problems to your unborn child. We certainly don't want women to think, oh, my God! I'm pregnant and I'm taking antidepressants! You are probably going to be OK and so is your baby. Many, many many healthy babies are born to women on antidepressants.

However, again it is something you want to talk to your doctor and you're going to weigh the pros and cons. If an antidepressant is saving your life, it's keeping you from killing yourself, you want to stay on that. Maybe it's not making such a big difference, you might want to think about go off.

PHILLIPS: Any connection to post-partum by chance? I know I'm kind of throwing that one at you. We didn't talk about that, but I just thought about that.

COHEN: Well, certainly if you -- after you have the baby, you definitely want to think about, if you are prone to depression, you want to think about, do I need to go back on my antidepressant if you went off of them. That's something you definitely want to talk about.

PHILLIPS: Elizabeth Cohen, thanks a lot.

LEMON: Young lives cut short. Five girls just graduated from high school. They are dead in a fiery car crash, while their friends look on in horror.

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LEMON: Hearts are heavy in upstate New York in one community over the deaths of five teens.

CNN's Alina Cho reports.

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ALINA CHO, CNN CORRESPONDENT (voice-over): This morning, family and friends are remembering five young women whose lives were tragically cut short less than a week after graduating high school. Bailey Goodman, Meredith McClure, Hanna Condone, Katie Shirley and Sara Monnet were killed Tuesday night when their SUV crashed head on with a tractor-trailer near Rochester, New York.

SHERIFF PHIL POVERO, ONTARIO CO., N.Y.: The flames resulting from the collision easily reached 50 feet in height, if not greater, cinging (ph) electrical lines and burning through cable television and telephone lines.

CHO: They were among a group of nine Fairport High School graduates, most of them varsity cheerleaders, traveling to a summer vacation home. Their friends driving right behind saw the crash and the fire.

SANDI HEACOCK, WITNESS: The flames were just flying up and the friends of the girls were in our neighbor's yard and they were just screaming and really upset. And that was like the most heart- wrenching thing I have ever experienced.

CHO: Police say the Chevy trail blazer had just passed a van when it swerved back across the two-lane road into the oncoming tractor- trailer. The truck driver wasn't hurt. He and others tried in vain to rescue the teens trapped in the burning vehicle.

HEACOCK: I heard the girls yelling, oh, my God. You know, they can't get out. They can't get out.

POVERO: This was a -- as -- I'm sure are you all aware, a horrific accident, rivaling very few that we have seen in our years here at the Ontario County sheriff's office.

CHO: Alina Cho, CNN, New York.

(END VIDEOTAPE)

PHILLIPS: Here comes the rain again. New flash flood warnings pop up for central Texas. We're watching all the developments. Stay with us. You're in the CNN NEWSROOM.

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LEMON: Something extra to celebrate this 4th of July, the bald eagle has made a comeback. It was dropped from the endangered species list this morning. Government biologists say there are now some 10,000 nesting pairs of bald eagles, compared to just 400 or so in 1963. Conservationists say it shows the Endangered Species Act can work. The bald eagle is no longer endangered. It's still protected by a 1940 Federal law making it illegal to kill the bird.

PHILLIPS: Well the trials and tribulations of a celebrity socialite. Paris Hilton speaks about the three weeks that she spent in a Los Angeles jail. Last night she talked to CNN's Larry King in her first TV interview since her release.

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LARRY KING, CNN CORRESPONDENT: Think you got a raw deal?

PARIS HILTON, HEIRESS, REALITY TV STAR: Yeah, I do, but I don't know. Even though I hated it, I'm glad it happened in a way because it's really changed my life forever and I feel stronger than ever, and I don't know. I just feel like ...

KING: So bad turned to good.

HILTON: Yeah. I feel like this is a blessing in disguise. I've definitely matured and grown a lot from this experience, so I don't know. I just want -- I'm 26-years-old. I'm an adult, and I have to just grow up and to be a more responsible role model.

(END VIDEO CLIP)

PHILLIPS: Well, Hilton says that she feels bad for other inmates who walk out of jail but have no support system to keep them out of trouble. She said she'd like to set up a kind of "transitional home." The next hour of CNN NEWSROOM starts right now.

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