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Bush Chooses White House Counsel as Supreme Court Nominee; Tourist Boat Capsized, 20 Killed; New Orleans Hopes to Revive Mardi Gras; Hospital Staff Weather Hurricane

Aired October 03, 2005 - 13:00   ET

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


(BEGIN VIDEO CLIP)
HARRIET MIERS, SUPREME COURT NOMINEE: ... the Senate. I look forward to it eagerly.

(END VIDEO CLIP)

KYRA PHILLIPS, HOST: Supreme Court nominee Harriet Miers. Will U.S. Senators approve her? And what do they think of her background? You'll hear from some of them this hour.

What caused a catastrophic tour boat accident that killed 20 people? New efforts today to raise the boat to the surface for some answers.

From the CNN Center in Atlanta, I'm Kyra Phillips. CNN's LIVE FROM starts right now.

He's just wild about Harriet -- Miers, that is. But will the U.S. Senate feel the same way? He is President Bush, today announcing his second nomination to the Supreme Court of the United States in less than three months.

Echoing his selection process for running mate -- remember Dick Cheney's job, screening potential running mates -- well, Mr. Bush selected his White House counsel, who's main job for months now has been screening potential Supreme Court picks.

She has a pretty good record on the front. The president's first high court nominee is the new guy in charge as the court kicks off its new term. John Roberts presided over two hearings in his first day on the bench. We get the latest on the politics and jurisprudence from CNN's Joe Johns.

Hi, Joe.

JOE JOHNS, CNN CORRESPONDENT: Hi, Kyra.

Sixty years old, clearly a Bush loyalist, she would be the third woman to sit on the United States Supreme Court, of course, if she gets through the confirmation process. We're likely to hear in the coming days a whole lot about the articles she's written, the cases she's argued. But today, in her short speech, she was mostly polite.

(BEGIN VIDEO CLIP) MIERS: And I am, of course, greatly honored and at the same time humbled by the president's nomination. I do look forward to the process here in the Senate. I look forward to it eagerly and it is -- part of our process and will be a great experience and look forward to being able to talk with a number of the senators over the next few weeks.

(END VIDEO CLIP)

JOHNS: The administration and Republicans are hoping all of this will jump off rather quickly. The projected -- I should say target date for confirmation and the appearance, the first appearance of Harriet Miers on the Supreme Court is sometime a little bit before Thanksgiving -- Kyra.

PHILLIPS: Joe, let's talk a little bit about the judiciary committee. We just heard from Chuck Schumer just a few minutes ago. Let's listen to that and then talk about it.

JOHNS: All right.

(BEGIN VIDEO CLIP)

REP. CHUCK SCHUMER (D), NEW YORK: There's hope that Harriet Miers is a mainstream nominee. A very preliminary review shows nothing in her record that would indicate she wouldn't be, but very little in her record that indicates she would be, as well. We just don't know very much.

(END VIDEO CLIP)

PHILLIPS: We don't know very much, do we, Joe?

JOHNS: No, we don't. We do know that Democrats are holding their fire right now. Certainly, one of the factors there is that the Democratic minority leader, Harry Reid himself, floated the name of Harriet Miers as a possible Supreme Court replacement for Sandra day O'Connor.

So it's unclear to Democrats what they have here. Frankly, it's also unclear to Republicans and conservatives, and they will be sure to look at whether she is the person they wanted all along. We've gotten a number of statements from conservatives in the Senate saying they, too, are holding their fire. Wait and see attitude, Kyra.

PHILLIPS: All right, well, we didn't have to wait and see what little Jack Roberts was going to do. He's quite a piece of work, that son of John Roberts as he got ready for the first day on the job today.

JOHNS: It certainly is true. Of course, he -- we've been watching him all along, and he is -- he's a little kid who likes to move around a lot and he keeps people entertained.

But really I have to tell you, no -- not much drama here today at the Supreme Court on John Roberts' first day. He came down the stairs. He was with his family there. There was a little bit of a slip on the stairs by Justice John Paul Stevens. He didn't fall and that was the extent of the drama.

They went into, of course, arguments in a couple of cases in the Supreme Court. John Roberts' first day, without a hitch asked a few questions. No surprises.

PHILLIPS: All right, Joe Johns, thank you very much. We'll get to -- check in with you, of course, as we talk more about Harriet Miers.

Well, the White House calls her a trail blazer. Others call her a blank slate. Either way, Harriet Miers has at least one thing in common with the late Chief Justice William Rehnquist: neither had been a judge anywhere, any time before being tapped for the highest court in the land.

More now from the West Wing and CNN White House correspondent Dana Bash -- Dana.

DANA BASH, CNN CORRESPONDENT: Hi, Kyra.

Well, the White House this afternoon is saying that this is not a job that Harriet Miers sought. In fact, it was last night over a private dinner here at the White House in the residence that the president officially asked Harriet Miers to accept the nomination. That was the fourth private meeting that they had had since September 21, we're told, to discuss this potential.

Now, Miers, as we have been hearing about, is now the White House counsel. She was deputy chief of staff. She was close to the president back in Texas, both working for him, doing some personal work, legal work for him but also worked for him on his campaigns.

No judicial record at all. Never sat on any bench. And some are asking, well, perhaps did she get this job because of their friendship? Well, the White House is pushing back very hard on that this afternoon, saying, no, she got it because of her legal experience.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I believe that senators of both parties will find that Harriet Miers' talent, experience and judicial philosophy make her a superb choice to safeguard the constitutional liberties and equality of all Americans. Harriet Miers will strictly interpret our Constitution and laws. She will not legislate from the bench.

(END VIDEO CLIP)

BASH: Now, Kyra, that last turn of phrase, she will not legislate from the bench, that is directly aimed at the president's conservative base. They were looking for a tried and true conservative, somebody with a rich legal background, somebody who would give them proof that perhaps she would be or the nominee would be somebody who could tilt the balance on the court.

Well, the most interesting dynamic over the past several hours since Harriet Miers' name became public has been among the conservative base, activists that we've spoken to and also some aides on Capitol Hill making very clear this is not going to be a slam dunk, not only with Democrats but specifically with Republicans, with conservatives.

They know here at the White House that they do have some work to do on convincing their conservative base, more so even than John Roberts, so the blank slate is certainly something that could help with Democrats, and the White House hopes that it will, but it also has some worried conservatives this afternoon, Kyra.

PHILLIPS: Well, you talk about a slam dunk. You can definitely say it's a slam dunk when it comes to a work ethic. I mean, this is a woman, I'm told that comes in at 4 in the morning and works till 10 p.m. at night.

BASH: The president has known to have been -- to have called her a pit bull in size 6 shoes. She is somebody who definitely works very hard. That is certainly her reputation, somebody who is meticulous, known for detail.

But interesting, just covering this White House and covering her in this position, we haven't heard very much from her at all. She hasn't been somebody to do public interviews, television or even print very much. Wanted to do a profile on her. She doesn't really like to get involved in that.

So interesting sort of window into the kind of private personality she is. Certainly that's going to change dramatically and already is across the board, her background, her writings, everything as Joe mentioned, is being looked into. Combed through, as we speak.

PHILLIPS: We are going to see a lot of her. Dana Bash, thanks so much. We are expecting to see her with Senator Harry Reid as she stops by to meet with him in possibly within 10 minutes or so. We'll bring that to you live when it happens.

Meanwhile, Joe Johns and I were talking about that young character, Jack Roberts. That's right. He's Jack Roberts and you're not. From the aptly named suburb of Chevy Chase, Maryland. Isn't that the cutest face or what? Little comic relief here courtesy of the new chief justice's 4-year-old son.

Jack was up bright and early for his dad's first day on the bench. But he wasn't so sure about this burly flat topped chauffeur, who showed up to drive the chief justice to work. Note the short conversation, the open door, then a quick slam for reasons that remain undisclosed. You'll see the little exchange.

Now, we do know the whole Roberts family eventually made it into town. We're pretty sure tomorrow's pickup will probably go a little bit smoother.

(BEGIN VIDEO CLIP)

PHILLIPS (voice-over): Next on LIVE FROM, terror bombing caught on tape. And the search is on for the people who planned the attack.

Also ahead, Katrina, Rita and the season is not over yet. New predictions for an intense October for hurricanes.

Later on LIVE FROM...

UNIDENTIFIED MALE: If you got somebody to shoot at, it's a done deal. Do it.

PHILLIPS: Marines on a mission, fighting insurgents in Iraq with India Company. The fears...

UNIDENTIFIED MALE: Keep your heads down.

PHILLIPS: ... and sometimes horrible consequences.

UNIDENTIFIED MALE: You've got innocent civilians intermixed in the battle.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

PHILLIPS: And a grisly scene in Bali with grim echoes of an attack three years ago: 19 people killed, up to 150 were wounded when suicide bombers struck two popular tourist spots Saturday. It's unclear who's behind the bombings, but Bali's police chief has released photos showing the heads of three suspects. There's also a video showing a man with a backpack walking into a restaurant just moments before it exploded.

Almost exactly three years ago, 202 people died in Bali in similar attacks. Those blasts were blamed on Jemaa Islamiah, a group linked to al Qaeda.

Well, the weather was clear, the water was calm and the captain was experienced. So what went so horribly wrong on Lake George in upstate New York? Twenty seniors dead after their tour boat suddenly capsized and sank during an afternoon cruise.

CNN's Susan Lisovicz has the latest on the investigation into what happened.

(BEGIN VIDEOTAPE)

SUSAN LISOVICZ, CNN CORRESPONDENT: Efforts are under way at this hour to salvage the Ethan Allen, the Ethan Allen lying submerged in 70 feet of water in Lake George. That boat a critical piece in the investigation as to why a boat operating in picture-perfect conditions would suddenly capsize and sink.

Twenty people died as a result of that accident, probably the worst in Lake George's recent history. NTSB officials held a news conference earlier today, and they say they have ruled nothing out.

MARK ROSENKER, ACTING CHAIRMAN, NTSB: Much too early to determine what happened out on that lake. When we bring the vessel up today -- before we actually bring it up there will be documentation of the vessel on the floor. Cameras, diagrams, verbal description. We'll bring that vessel up. At that point, additional documentation will occur.

LISOVICZ: NTSB officials say they will be holding a formal interview with the pilot tomorrow. But Warren County sheriff officials have already spoken to the pilot, who they described as experienced, working with a company well known with a good safety record in the area. And they say he had a very distinct recollection of what happened just before the "Ethan Allen" capsized.

REP. JOHN SWEENEY (R), NEW YORK: He told us that the boat got into some waves and a wake. He attempted to steer out of it, and in doing so the boat pitched over onto its side and rolled over.

LISOVICZ: And the weather today is a carbon copy of what occurred on Sunday: clear skies, sunny, balmy temperatures which should make that very difficult mission of salvaging the "Ethan Allen" just a little bit easier. That boat hopefully will be back above the surface above the surface of Lake George later today.

Susan Lisovicz, CNN, Lake George, New York.

(END VIDEOTAPE)

PHILLIPS: So what's the latest from New Orleans? A lot of kids going back to school. Mass happened on Sunday. We've got a lot to tell you. Our Susan Roesgen joins us live from New Orleans up next.

(COMMERCIAL BREAK)

PHILLIPS: We are monitoring, actually right now, waiting for that live picture of Senator Harry Reid and SCOTUS nominee, Harriet Miers. We will take that as soon as it happens. She, of course, is visiting a number of the senators there on the Hill. We'll take it live.

Now let's move along to Mississippi, where rubble is fueling the bubble, as in real estate. Speculators are flocking to the ravaged -- or spectators, rather, are flocking to the ravaged Mississippi coast, checkbooks in hand, hopefully. Since Hurricane Katrina, the price of many coastal neighborhood homes up 10 percent to 20 percent. This includes damaged properties.

Many residents, left jobless or uninsured or both, have little choice but to sell. Others are trying to hang on in the hopes that Mississippi will allow its once floating casinos to rebuild inland letting them cash in on bigger profits.

Now, it's been five weeks since Katrina dealt her stunning blows to the gulf region. Today in New Orleans, hundreds of Jefferson Parish students were allowed back into their schools, schools that will be adding an extra hour to make -- each day make up for that lost time.

WGNO television anchor Susan Roesgen, joining us once again with another status report from her city. But Susie, I want to start out first, you were telling me the latest was the Army Corps of Engineers keeping their eyes on those levees, worried about this other storm coming through.

SUSAN ROESGEN, WGNO ANCHOR: Kyra, it's true, the feeling here is, oh, no, not again.

What's happening today is the Army Corps of Engineers is reinstalling those massive metal sheets between the 17th Street Canal and Lake Pontchartrain. This is something they did right before Hurricane Rita, because the 17th Street Canal is one of two canals that flooded the city. And the breach in that canal, in the 17th Street Canal, still hasn't been repaired.

And they're very concerned that they may get a new surge of storm water from Lake Pontchartrain today or over the next few days.

What's happened here is there is some kind of tropical wave off the coast of Louisiana, and it's bringing -- it's bringing with it some strong easterly winds, and forecasters are saying that we could have a tide one to three feet above normal in this area once again.

So they're putting those huge 60-feet tall metal sheets in, back between the 17th Street Canal and the lake to try to block any surge from the lake from coming in.

So Kyra, once again, we're in the position here in New Orleans of trying to hold the water back. And it's a real psychological blow, because so many people have started to try to rebuild their lives. They're trying to fix up their homes. And people are starting to say, hey, maybe the city will be looking good by Thanksgiving or will be doing great by Christmas.

And some people, Kyra, are even starting to look ahead to Mardi Gras and jazz fest.

(BEGIN VIDEOTAPE)

ROESGEN (voice-over): The Mardi Gras floats did not float, but some of them took a beating. This is the home of several different carnival parades, and the mythical figures were no match for a real witch named Katrina.

(on camera) So much of Mardi Gras is make believe, but in New Orleans make believe means money. Mardi Gras here is both a passion and a business.

DAVE MULNECK, KNIGHTS OF SPARTA: Unfortunately, some of the costumes for our court, our maids were in the house when all of this hit, and this is what's left of one of our beautiful maid's costumes.

ROESGEN: Dave Mulneck is the captain of the Knights of Sparta. He says it costs about $700,000 a year to put on Sparta's parade, and he's not sure they'll roll next year.

MULNECK: If there are a number of our members that are either financially unable to participate this year or simply physically not here to participate this year, it may be a great financial hardship.

ROESGEN: Fat Tuesday fails in February next year, just five months away.

(END VIDEOTAPE)

ROESGEN: Of course, Mardi Gras is a big tourist draw. But even if nobody came, Mardi Gras is the party we throw for ourselves in New Orleans. It's our celebration, and next year's Mardi Gras may be in real trouble.

They have only actually canceled the parades twice in the history of Mardi Gras. They canceled them during World War II and again in a policeman's strike in 1979. The general feeling here, Kyra, is not that the parades would be canceled but that some of them would be quite a bit shorter, less elaborate, and some smaller carnival crews may not be able to parade at all.

PHILLIPS: Well, I remember when I was there, Susie. And there were members of the military saying that was a goal. They wanted to get things up and running so Mardi Gras could happen, because like you said, they know what it will do for all of those folks like you psychologically to see that city up and going, because everybody knows New Orleans like Mardi Gras.

I'm curious about the weekend. How was it for you back in your home? Things improving? Any little tidbits to tell us about?

ROESGEN: Well, it's getting better every day in certain neighborhoods. Again, I live in a neighborhood that was not too badly hit by Hurricane Katrina.

I scrounged for some provisions. It's a new game, Kyra, I call "Survivor" New Orleans." How to find things to make life easier when so many businesses are closed. I made an exquisite tuna fish casserole with some provisions I got at the Walgreens in my neighborhood. And coming up in the next hour, I'll show you some of the other things I was able to find.

PHILLIPS: All right. We look forward to it. We'll see you in the 2 p.m. hour. We'll hear about that as we're watching the video there of the levees, dropping those sandbags. We'll talk more about the efforts going on to protect the city.

Well, hospitals are a first line of defense in any disaster, but they're no match against monster hurricanes. Christus St. Patrick in Lake Charles, Louisiana, faced Hurricane Rita head on and stood its ground.

CNN's Dr. Sanjay Gupta stood with the staff.

(BEGIN VIDEOTAPE) DR. SANJAY GUPTA, CNN CORRESPONDENT (voice-over): As Hurricane Rita hurtles towards the Louisiana coast, Christus St. Patrick's Hospital in Lake Charles, Louisiana, decides to do what few other hospitals in the are doing: stay open for business.

In a hurricane hospitals are one of the community's most precious resources, responsible for the sick and the elderly, and for taking the injured in during the storm.

Thursday morning, officials call for a mandatory evacuation. The staff races to get their patients out as it becomes clear that Lake Charles and the hospital are in its path. More than 150 patients are evacuated by ambulance and helicopter in the two days before the storm, an emotional scene for nurses and others who watch.

(on camera) We're in a graveyard just outside Christus Hospital. The last few patients are leaving in this Army helicopter, evacuating further north, further east, away from here. Just outside Christus Hospital, a few patients, critically ill, still remain here in this hospital.

(voice-over) Friday afternoon, four patients remain who were simply too sick to move. Twenty doctors and about 50 staff stay, waiting anxiously. But they are prepared. Windows boarded up. Supplies stockpiled, enough for five to seven days. And there are also recent lessons learned.

Katrina was a different story. Charity Hospital in New Orleans, the morgue was flooded. Supplies were limited and staff struggled to operate without power or running water.

Here generators are above sea level. Clear plans are made to move the emergency room to higher floors in case of flooding. And surgery suites are prepared to operate on backup power.

(on camera) Is this the boy who cried wolf or is this the real deal?

ELLEN JONES, CEO, CHRISTUS HOSPITAL: I don't know. You never can tell with these storms. You just have to be ready.

GUPTA (voice-over): Two thirty a.m. Saturday morning, hurricane Rita makes landfall.

DR. SUSAN BOYD, CHRISTUS HOSPITAL: The stress of the medical situations that might arise is nothing compared to the fear that I felt when that wind started blowing.

GUPTA: Rain pours down overnight. Gale force wins blow it over 125 miles an hour. The staff takes shelter by sleeping in the hallways. The ceiling leaks. But through it all the E.R. staff remains poised to take incoming patients, and late Saturday morning the wind finally dies down.

SISTER MARY FRANCIS CORTINAS, HOSPITAL CHAPLAIN: I have had the experience of going through Category 4 hurricane, and our founding sisters had that experience. Therefore, I feel that it's given me an added dimension to be ready and to know that God's presence in our midst never fails.

GUPTA: Whether it was faith, medicine or outstanding preparation, Sister Mary Francis and the rest of the Christus staff have weathered the storm.

Dr. Sanjay Gupta, CNN, Lake Charles, Louisiana.

(END VIDEOTAPE)

PHILLIPS: And straight ahead, could there be a hidden danger in your new car? We all love that new car smell, right? But new research suggests those fabulous fumes could be toxic.

Plus, bulletproof Buddhists. Some monks urged to wear protective vests under their investments. Find out why, just ahead.

Any minute also we're waiting for Senator Harry Reid to step out with Supreme Court justice nominee Harriet Miers. We'll take that live as soon as they come to the cameras.

(COMMERCIAL BREAK)

PHILLIPS: Live pictures now, Senator Reid alongside Harriet Myers, as you know, the Supreme Court nominee. Let's listen in. They just met. Let's find out what they talked about and what they're going to say to reporters.

SEN. HARRY REID (D-NV), SENATE MINORITY LEADER: Hello, everyone. I'm happy to be here today with Harriet Miers.

First of all, let's talk about the process. I'm very happy with the fact that we have someone who has been nominated by the president who is like approximately 39 other people who have served on the court -- people who have had no judicial experience. I think that's a plus, not a minus.

And speaking recently with Supreme Court justices, at a table with three of them, they said what this court needs is individuals who have not been through the court process; that is, who have "judge" next to their name when they are nominated. She does not.

But Harriet Miers has served with distinction as a trial lawyer.

REID: That's what I am. I'm a trial lawyer. So anyone with that background makes me feel good -- someone who has been a courtroom, tried cases, answered interrogatories, done all those things that lawyers need to do.

But in addition to being, from everything I've been able to learn, a very fine lawyer, partner in a big law firm, first female president of the Dallas County Bar, first female president of the Texas State Bar, a woman who's devoted a lot of her time to people who need the umbrella of a lawyer through things like the Legal Aid Society and doing a lot of pro bono work, she's done that. It goes without saying that I'm very happy that the president chose a woman to fill the seat of Sandra Day O'Connor.

So I look forward to the process. I've spoken with Senator Leahy a couple times today. He's in Vermont. He and Senator Specter will determine how the hearings are going to go forward.

REID: The hearings conducted with Justice Roberts were dignified. I expect these committee hearings to be the same. I thought it was a good process. I have great confidence in Specter and Leahy to conduct a real good background check on all the kinds of things they need to do with an important job like this.

Be happy to take a few questions.

QUESTION: Senator Reid, did you call any Republican senators during this process and urge them to support Ms. Miers?

REID: I could have mentioned her name. I don't really remember, quite frankly, talking to Republicans. I didn't call. I may have seen them on the floor or something.

QUESTION: Why go the bat for a Republican nominee?

REID: Pardon me?

QUESTION: Why go the bat for a Republican nominee?

REID: Well, I don't know if this is going to bat. I mean, I'm going to wait until all the hearings are completed. I have to say without any qualification that I'm very happy that we have someone like her.

The situation is I think that the courts have been such that -- this has nothing -- I don't want to denigrate in any way Ivy League schools, but I think that that should not be a requirement that you become a clerk or a judge.

QUESTION: Senator Reid, could you tell us why you recommended (OFF-MIKE)

REID: Well, I think you're maybe exaggerating a little the recommendation. I certainly have spoken to people in the administration about Harriet Miers. I've worked with her. Haven't known her a real long time, but I found her to be very personable, very genuine, somebody that answers her phone calls immediately. And I think that all the words (INAUDIBLE) thing about -- I don't know what you said -- what did you say?

QUESTION: (OFF-MIKE)

REID: All those kinds of things.

Here she is. I'm sure that a lot of other people talk about Harriet Miers other than me. QUESTION: How do you feel about the president having nominated a woman who contributed to the presidential challenger of his father, Al Gore, in 1988?

REID: Well, I think that the president, I'm sure -- I mean, I don't know -- I'm sure he knows that. But you know, this is a woman who practiced law just like I did. And you have a lot of pressures to do a lot of different things.

And I, frankly, didn't know that she contributed money to Al Gore. But if she did, that speaks well of her. That only makes me feel better about her.

(LAUGHTER)

QUESTION: What about that there are some people saying this is a stealth nomination?

REID: That is going to be left up to Specter and Leahy. It's not up to me to determine what paper trail is here or isn't here. I just understand the broad outline of this woman. And the broad outline looks really good to me.

Thank you.

KYRA PHILLIPS, CNN ANCHOR: And, of course, Senator Harry Reid there, fellow trial lawyer, as he put forward, happy to see the nomination of Harriet Miers, another trial lawyer, saying that in his mind it's a plus, not a minus, that she hasn't been a judge, and that she has no judicial experience. He said the Supreme Court has needed someone like Harriet Miers without that background to add to the court.

As you know, she's been nominated to succeed Sandra Day O'Connor. She'll be meeting with a number of senators. We'll follow her day, of course, as these meetings take place. We're going to take a quick break.

More LIVE FROM, right after this.

(COMMERCIAL BREAK)

PHILLIPS: Now in the news, the Jewish New Year, Roshashana, begins at sunset, a 10-day period of repentance and renewal. Among the sacred rituals, the sounding of the ram's horn, believed to have the power to drive away evil spirits.

Praise for an accomplished playwright. August Wilson is remembered best for his epic 10-play cycle, dealing with the black experience in the 20th century. His landmark drama, "Fences," earned him a Tony and a Pulitzer prize in 1987. Wilson was only 60 years old when he died of liver cancer Sunday in Seattle, Washington.

A break for firefighters. They're making the most of the cooler weather in Southern California where a wildfire scorched more than 24,000 acres. It's now said to be 85 percent contained, and evacuated residents are being allowed to slowly come back home.

Returning federal money, "USA Today" reports that commentator Armstrong Williams is negotiating to return some of the money that he received to promote the president's education policies. Friday, federal auditors declared the Education Department's contract with Armstrong was illegal and amounted to, quote, "covert propaganda." Armstrong says he's in talks to return money, because he only produced ads, but didn't promote the policies, as the contract required.

New faces and new cases on the nation's highest court could spell new challenges on some old issues. On the docket next month, a New Hampshire law dealing with abortion and minors.

Chief national correspondent John King examines the law, the legal challenges and the possible ramifications.

(BEGIN VIDEOTAPE)

JOHN KING, CNN CHIEF NATIONAL CORRESPONDENT (voice-over): Laughter as Amanda playfully orders her brothers around the kitchen. Precious family time at home in New Hampshire before she heads back to college. At 20, ready to begin to her senior year, and to reveal a secret.

UNIDENTIFIED FEMALE: I had an unplanned pregnancy when I was a young teenager.

KING: For the past six years, a secret known only among a tiny circle of family and friends.

UNIDENTIFIED FEMALE: I decided that it was best for me to have an abortion because I did not want to be a parent at that point in my life.

KING: Sharing her story now, Amanda says, because of the looming Supreme Court test of a New Hampshire law requiring parental notification before a minor can receive an abortion.

UNIDENTIFIED FEMALE: These laws are only about eroding access to abortion, that they're not about helping parents, and they're not about helping young women.

BARBARA HAGAN, NEW HAMPSHIRE STATE REPRESENTATIVE: I would prefer that we define human life at the beginning.

KING: State Representative Barbara Hagan is on the other side of the abortion divide. She helped write the law that now hangs as a proud trophy at the New Hampshire Right to Life headquarters.

HAGAN: It's a step forward for us. And it's a crack in the glass. And that makes us very, very hopeful, even though it's a small -- it's a very small, incremental step.

KING: But the state's parental notification law has never been enforced because of lower federal court rulings blocking its implementation, decisions the Supreme Court agreed to review in this fall's term.

(on camera): The state's argument, that the law passed here in June 2003 as constitutional, is being watched well beyond New Hampshire's borders. More than 30 states require either parental notification or parental consent before a minor can receive an abortion.

And so the court's decision in this case, its first abortion case in more than five years, will have immediate national ramifications.

(voice-over): The case is by no means a direct challenge to the landmark Roe v. Wade decision establishing abortion rights. But it is a fresh test in the major political and legal debate in post-Roe abortion battles.

How much leeway do states have in restricting abortion access? A brief filed by anti-abortion legislators who back the New Hampshire law asserts that if the Supreme Court invalidates it, it would in effect overturn every state statute requiring parental notification prior to performing an abortion on a minor.

KAREN PEARL, PLANNED PARENTHOOD: Legislating family closeness doesn't usually work. And instead, what we really need to do is make sure that there is protections for young people, for women of all ages.

KING: Planned Parenthood and the ACLU challenged the New Hampshire law on grounds it does not exempt minors with significant health problems from the 48-hour parental notification requirement.

PEARL: It is a case that really does put to question whether women's health and safety will be the law of the land, whether any case that has restrictions on abortion will always have an exception to preserve women's health and safety along with women's life.

KING: On the state's appeal, Attorney General Kelly Ayotte argues the lack of a health exemption is not at odds with the 1992 Supreme Court ruling that states must not create an undue burden or substantial obstacle to abortion access.

The permits immediate abortions if the life of the mother is at stake, and allows doctors to seek an emergency judicial waiver of the notification requirement when there are non-life-threatening health issues.

KELLY AYOTTE, NEW HAMPSHIRE ATTORNEY GENERAL: This judicial bypass provision allows the physician an out. And so it's a safety valve in the statute if this case arises.

KING: If the high court sets a new standard on the question of health exemptions and abortion laws, it could influence the future not only of parental notification and consent laws, but also the contentious legal battle over banning late-term abortions.

President Bush signed a federal ban in November 2003, but it has not taken effect because of legal challenges. The federal law contains no health exemption. And a similar Nebraska state law was declared unconstitutional in a 5-4 Supreme Court decision in 2000.

AYOTTE: It is an opportunity, I think, for the court to provide clarity in this area and hopefully to reduce the number of legal challenges that are brought in this area.

HAGAN: There will be a significant domino effect if New Hampshire's law is struck down, and there is a new court. I think in that instance we will see new challenges to all of the laws that the Supreme Court has already upheld.

KING: With the legal debate, of course, comes an emotional political struggle, not only over abortion, but the line between individual privacy and parent's rights.

HAGAN: I happen to have four children that are minors, in that age frame. And kids make funny decisions. They don't always think. They're still very immature. And I think by giving parents notice, you give them an opportunity to maybe reach out.

UNIDENTIFIED FEMALE: I'm really happy and I believe that I will have a family some day and it will be in a context that's right for me with a man who loves me. I would like to tell that person who told me that I would forget that if I had an abortion I would regret it for the rest of my life. I absolutely don't. It absolutely was the right decision for me.

If you want to talk to your parents, then you can do that. But that the state steps in and tells you that you have to do that in order to control your reproduction is very disempowering.

(END VIDEOTAPE)

PHILLIPS: And straight ahead, it's been a disastrous hurricane season so far, and it's not over yet. Find out how many storms one top forecaster predicts. They're still ahead.

And a story we've had on deck for almost a week now. They finally makes it onto this show, bulletproof vests for Buddhist monks. How's that for a tease? How's that for a video? A window on a dangerous world, later on LIVE FROM. We'll enlighten you.

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PHILLIPS: Well, a rare solar spectacle for parts of Europe, Africa and Asia, an annular eclipse, last witnessed on the Iberian peninsula in 1764. Millions of people reportedly turned out watch the moon passing across the face of the sun, creating what looks like a ring of fire around the moon. On Earth, watching for Tammy, Vince and Wilma. Those are the only names left for tropical storms or hurricanes this Atlantic season. Don't be surprised if we use every single one of them.

(WEATHER REPORT)

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(STOCK MARKET REPORT)

PHILLIPS: Coming up in the second hour of LIVE FROM, "Operation Iron Fist." We'll take you to the front lines as U.S. marines in Iraq take on insurgents and find a harsh reality of a war with no clear battle lines.

But first, Buddha meets James Bond. As Buddhist monks become targets of Muslim militants, CNN's Andrew Brown reports on the enlightened inventor who's determined to protect them.

(BEGIN VIDEOTAPE)

ANDREW BROWN, CNN CORRESPONDENT (voice-over): This could soon be part of Thailand's war on terror, a bulletproof vest designed to protect monks. Although Buddhists are seen as peace-loving, monks have been targeted by Muslim militants who see them as members of the Thai establishment.

SONGPHON EIAMBOONYARITH, PRECIPART: We don't have the weapon. We don't have the everything for save his life.

BROWN: One reason why the manufacturer thinks his product has potential is it costs less than most body armor on the market. A vest that can be worn underneath a monk's saffron robes and tested to withstand a round from a powerful handgun retails for abound 200 U.S. dollars. It comes with a number of accessories, including a fan that shields the head.

Songphon Eiamboonyarith, who developed this equipment, says he has the support of the Buddhist community and wants to supply vests to monks as soon as possible. Songphon is famous for innovative security technology. Vehicle traps to foil an attack. Mobile phones which fire rubber bullets, In fact, one of his heroes is Q, the gadget guru in James Bond movies.

(on camera): Obviously, secret agents would love to come here, military officers, police officers. But who else wants to get caught up in a place like this?

(voice-over): Songphon says he's certainly not expecting monks to show up at the factory gate. Instead, he wants the governments or religious organizations to buy vests and donate them to monks at risk.

(on camera): Have they bought any yet?

EIAMBOONYARITH: No.

BROWN (voice-over): To convince officials, security experts say Songphon has to demonstrate his vests are practical, as good as other products on the market and that his technology can be used by any civilian.

STEVE VICKERS, INTERNATIONAL RISK: Perhaps the technology he's utilized could be deployed in other situations, not necessarily relating to monks, but to a wider commercial market.

BROWN: But Songphon maintains monks must not be neglected.

EIAMBOONYARITH: If the government cannot save the monks, we cannot save the land.

Andrew Brown, CNN, Bangkok.

(END VIDEOTAPE)

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