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Supreme Court Issues Ruling on Texas Abortion Law Challenge; Key U.S. Inflation Measure Hit 39-Year High Last Month. Aired 10- 10:30a ET

Aired December 10, 2021 - 10:00   ET

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

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[10:00:47]

JIM SCIUTTO, CNN ANCHOR: A very good Friday morning to you. I'm Jim Sciutto.

ERICA HILL, CNN ANCHOR: And I'm Erica Hill. We are watching this hour, Supreme Court justices could issue a key opinion on the controversial Texas abortion case that, of course, the law and that state that was passed effectively banning abortions in Texas, the case could have major implications for Roe versus Wade for abortion rights in the country as a whole. So, if and when that opinion comes in, we will be sure to bring that to you.

We are also staying on top of this other major story this morning, the Consumer Price Index for November, those numbers just released this morning, showing it another jump in inflation. As you can see their inflation spiked to 6.8% last month. That is the highest it's been in nearly four decades, obviously concerning for so many Americans. The White House though, urging folks not to panic.

We do want to bring in now Jeffrey Toobin. I'm learning, Jeff, that we do have an opinion from the Supreme Court. What more do we know about what this opinion is for?

JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST: OK, we -- this is the big Texas abortion case, this is the case about the law in Texas that essentially allowed individuals anywhere in the country to sue abortion providers, if they provide an abortion to a woman after the sixth week of pregnancy, which is of course, very early in a pregnancy before many women know they're even pregnant.

The decisions are being issued online these days, because of the pandemic, they're not being read by the justices as they usually are. And just to be honest with our viewers, I don't know what the decision is yet, because I haven't read it. It's just out now. And we're going to take some time and read it and get the decision and then we'll tell people what it is.

SCIUTTO: Jeffrey, tell us about the potential implications here. Because it gets to both Roe v. Wade, but also the particular way that this law was written? TOOBIN: Right. The Texas case is a very unusual case, because it is sort of about abortion, but it's also about the very odd procedure that Texas created, which was an attempt to insulate the law from judicial review, and it has been successful, so far. This law went into effect on September 1, the Supreme Court very controversially allowed it to go into effect. And an abortion has been effectively illegal in Texas for the past three months. The question now is, will the justices reject the procedure? Or will they address the merits of this this abortion ban, which is in clear contradiction to Roe v. Wade. So, that's what's the decision. That's the issue in this case. And we will know momentarily how the Supreme Court decided.

HILL: And the concern is on both fronts there. It's both on the legal front, as you point out because of the way that this was structured, right? That this is not about going after state officials. This is solely about the providers, private citizens can go after an abortion provider, someone helps, who helps a woman. There's also the part of this law, right, where there is this six-weeks part, but it's also that there's no exception, Jeffrey, for rape or incest. And that is so important as well. And that is really stood out for a number of people.

TOOBIN: No question that this is, if it stands, the most restrictive abortion law in the country. And that's -- and that's obviously very, very significant. In the oral argument of this case, the court seemed most concerned about this strange procedure where anyone in the United States could sue and people in Texas to stop the law. So, it's very likely given the way the Supreme Court addresses issues, they're likely to address that procedural issue before they get to the abortion law.

[10:05:03]

SCIUTTO: OK.

TOOBIN: Just to refresh everyone's memory there's also the Mississippi abortion case which was argued two weeks ago. That's a separate case with many of the same issues at stake.

SCIUTTO: OK, stand by Jeffrey Toobin. I want to go now to Jessica Schneider, covering this decision from the Supreme Court. I know it's early, but you've been reading through what do we know?

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: So, a bit of a mixed outcome here, Jim and Erica. So, first of all, good news for the abortion providers in this case, they can in fact move forward with their lawsuit to attempt to block this law. On the flip side, though, the Supreme Court has not blocked the law in the meantime while they're challenged goes forward. So, today marks the 100th day that this law, SB8 has been in effect, effectively shutting down abortion clinics in the state. And it turns out, according to the Supreme Court this morning, that effective shutdown will continue.

However, the abortion providers will be able to challenge this law, because remember, that was the issue in this case, because of the unique structure of this law, or Texas effectively gave that enforcement power to private citizens to bring lawsuits, to enforce this law as opposed to state officials enforcing this law, that was really a runaround of how people could challenge that. And that was the issue here, can people even challenge this law?

The Supreme Court saying yes, the Supreme Court now saying abortion providers can move forward with their lawsuit against certain state officials. However, in the meantime, the law will continue. So, this law will still be on the books for however long it takes this challenge to proceed. However, it appears that now that this challenge can move forward, these abortion providers would then go to the district court judge in Texas. This district court judge previously ruled in their favor and block the law. He called the SB8 a law flagrantly unconstitutional.

So presumably, these abortion providers will act quickly to go to the district court in Texas. The Texas judge would then also act quickly. But for now, this law is still on the books, still blocking abortions once a fetal heartbeat is detected around six weeks.

And, you know, this has really thrown the state of abortion in Texas into disarray. We've heard stories, obviously abortion clinics effectively shutting down there. We've heard stories from abortion clinics in neighboring surrounding states saying how they're overwhelmed because women from Texas are coming to their clinics, and women have -- been having to travel hundreds of miles, be paying hundreds or 1000s of dollars to get abortions, while the state of Texas is no longer offering them. So again, to recap a bit of a mixed outcome here, the law remains in effect, the Supreme Court did not block it. However, they did give abortion providers a path to challenge this law, meaning a lower court judge could block it again soon, guys.

HILL: Jessica, thank you, stay with us. Jeffrey Toobin still with us. Joan Biskupic is with us as well. When we look at this mixed bag, Joan, what should we really be reading from that? Because there was so much scrutiny on the decisions from this court?

JOAN BISKUPIC, CNN SUPREME COURT ANALYST: Well, we now see why it took them so long to deliver this. These arguments were held on November 1 during those oral arguments, it looked like it could be a six to three court ready to say that the way Texas had tried to shield itself from any kind of lawsuit in this case was invalid. But they took obviously, you know, more than three and a half months now from when the law first took effect. And two months plus since the oral arguments.

And I think we see why. We've got a splintered vote, eight to one, as Jessica said, allowing the providers to at least sue some state officials here. The judges, but not others. And we have Chief Justice John Roberts breaking off with the liberals, complaining about, you know, other defendants who should be able to be sued here. And then you have the three remaining liberals, Justice Sotomayor, Stephen Breyer and Elena Kagan also talking about how the right to abortion in Texas has essentially not been in effect since September 1. And one other thing I would mention is that this is all but a prelude to the real main event that the justices are now considering and that's that Mississippi case. That would really undercut Roe v. Wade, nationwide, not just in Texas, and we won't see that ruling until June, but we see right now a glimpse of what is coming.

SCIUTTO: Yeah, and it shows you certainly with that five, four- decision on letting it stand in the meantime that the Trump SCOTUS appointments made the difference here, right? And of course, you had three but that last minute one.

Jeffrey Toobin, how does this then proceed from here? Because the fact is by letting this law stand already, abortion has in effect, already been outlawed in Texas. Roe v. Wade, in effect has not stood in Texas for a number of months now and that, you know, people have had to leave the state right to have these procedures. They do allow these challenges, how long does that work its way through the court, in effect, giving us a sense of how much longer at a minimum, this law will stand there?

[10:10:16]

TOOBIN: Well, I imagine the abortion providers will run back to the District Court, which already once has tried to enjoin the operation of this law. That was overruled by the Fifth Circuit, which allowed the law to go into effect, and the Supreme Court then allow the law to go into effect.

But I do think it's really worth pausing now, to recognize that for the second time, in several months, the majority of the Supreme Court has says -- has said, it is OK that Texas has banned abortion. And I think that's a really sobering message for the country that, you know, this is a constitutional right, that has been recognized since 1973, since Roe vs. Wade, and the Supreme Court has said now twice, that it's OK, for Texas to take away this right from women. And I think that is a very clear message of where they're heading on the Mississippi case. And but -- you know, this is a big change in American law. And, you know, Donald Trump's appointees have had the impact that he and his supporters have won.

HILL: It's also interesting to know, right, that what we had heard from a number of nominees, right, the look to precedent, you know, we're not going to mess with things too much. You look at what's happening now, you look at, as you point out this constitutional right, that has now been suspended for women in the state of Texas, as we're waiting for Mississippi, which doesn't come, that decision not until June that opinion, but what does it mean Jeff, for other constitutionally What are presumed to be constitutionally guaranteed rights in the United States?

TOOBIN: It means things are up for grabs that, you know, this is a very different court. Then even the one that greeted Donald Trump when he was elected in 2016. Now, the fact that Anthony Kennedy is gone, the fact that Ruth Bader Ginsburg is gone, and replaced by a very strong conservatives means that a lot is changing very quickly, you know, the Supreme Court may yet address affirmative action in this case. You know, the conservatives have wanted to end affirmative action. Conservatives have wanted to expand the understanding of the second amendment to ban most forms of gun control. That's very much in front of the court this year. Abortion, as we've said, these are all issues, where the Supreme Court appears to be making radical changes in what our understanding of the Constitution means. And, as Jim always like to say, elections have consequences, and the election of Donald Trump had a very big consequence at the Supreme Court.

BISKUPIC: Can I just add something about the personnel who wrote this opinion? For the last couple decades, the liberals have controlled abortion rights decisions. They've been written by Stephen Breyer and even the most recent one that we had, was really controlled in 2020 by Chief Justice John Roberts. And Chief Justice John Roberts sided with the liberals in an earlier stage of this case. But look at who wrote the main opinion today. It was Neil Gorsuch, President Trump's first appointee. Chief Justice John Roberts split off for part of this ruling with the liberals.

And as I've said, Chief Justice John Roberts has always been an opponent of abortion rights. He is not someone who you think of as trying to save the day for reproductive rights in America. But this just shows how far this Court has turned to the right that he is now aligning with the more liberal justices. And I think that it shows our new era of reproductive rights and who will actually be in control.

SCIUTTO: Let me ask you this then, Jeffrey, now the providers have standing to challenge some state officials, you expect them to challenge, and the lower court has telegraphed, perhaps how they might stand on this, but then I assume that would then be appealed to the Supreme Court. So, do we expect another Supreme Court decision on this particular Texas law beyond what it has to do with the Mississippi case?

TOOBIN: Well, I think the order in which this is likely to proceed is this will go back to the district court in Texas. I think the district court in Texas will say what it said before which is, look, as far as I know Roe v. Wade is still the law of the land. Roe v. Wade has not been formally overturned. So, I am going to enjoin the law. That will be enjoined pending the resolution of the Mississippi case, which is also a dramatic restriction of abortion rights, not as restrictive of Texas, as Texas. It is a 15 week ban as opposed to a six-week ban. But that decision will be coming probably, you know, certainly by the end of June. And that's when we'll really know what the state of abortion rights are in America.

[10:15:45]

I think, you know, this -- the Texas case has been very much tied up with this strange procedure, which I think the Supreme Court has now by and large sorted out. I mean, now, it is clear that Texas, that the abortion providers can sue the state of Texas to stop this law. But the real focus now should be on this Mississippi case. Because that's really when the Supreme Court is going to address the substance of whether women still have the right to choose abortion and American

SCIUTTO: Good question. And to your point, there are a whole host of cases, this accord has a very different view than previous courts on and may impact people's lives in a number of dimensions. Jeffrey Toobin, Joan Biskupic, Jessica Schneider as well, thanks so much, all of you, we will of course continue to follow this story.

Coming up next, we will speak with the White House Economic Adviser, Heather Boushey. This is the administration reacts to today's report showing inflation now in this country to 39-year high.

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[10:21:22]

SCIUTTO: The other major story we were following this morning, the Consumer Price Index for November just released this morning shows yet another jump in inflation. Inflation spiked 6.8% over the last 12 months. The highest it's been in nearly four decades. That's obviously concerning for many Americans. That's it from the White House so far has been don't panic. For more on this crucial report, I'm joined now by a member of the White House Council of Economic Advisers Heather Boushey.

Good to have you on this morning.

HEATHER BOUSHEY, MEMBER, WHITE HOUSE COUNCIL OF ECONOMIC ADVISERS: Good morning, Jim.

SCIUTTO: These numbers, we're not good. They're high, going back for decades. And they hurt people in the pocketbook when they go to the grocery, when they're buying presents for Christmas. What is the administration doing today to blunt the impact of rising prices?

BOUSHEY: Well, this is an issue that's of course, very important to the President, very important to this administration, getting the economy back on track has been job one. And the President has always believed that this was about making sure that people had jobs, as well as making sure that people could afford the things that that they need for their everyday lives.

So, you know, what we saw this month was that inflation did take up, you know, it went up, it went up less than it did last month, but it was about it, what expectations were, and of course, that creates hardships for families. But we also see some positive signs in the future. So, you asked what the President has been doing, you know, one of the things that he's been focused on is making sure that our supply chains, that we get out the kinks in those so that they work effectively, so that goods are on the shelves, right?

And what we've seen, particularly, of course, is that retail gas prices are coming down. And that is because the President took action, he made sure that the Strategic Petroleum Reserve was made available to pull those prices down. You've seen that flowing through wholesale prices. And that will appear in retail gas prices moving forward. That's not actually reflected in this month's report. But I want to just make sure that we understand that the President is focused on this.

SCIUTTO: Aware, and of course, there's a big factor there about a warmer than expected winter also impacting energy prices. You know that the administration already had an issue with certain Democratic votes on the Build Back Better plans, Senator Joe Manchin, Kyrsten Sinema who have mentioned inflation as a factor in that decision. This is a big number. Is the President concerned that he just lost their votes on passing Build Back Better, least before Christmas?

BOUSHEY: Well, here's the thing. The crux of the Build Back Better agenda is about making sure that families can afford what they need, that we support our economy for the long-term. So, I mean, I think the President continues to believe that this is the most important economic policy that the Senate needs to take action on. And, you know, what Build Back Better will do is it'll make childcare affordable pre-K, help families with home care needs, help families with costs across the kinds of services and goods that they really need to make ends meet. So, over the long-term, that's one of the most effective things that we can do. And economists agree --

SCIUTTO: Question, though --

BOUSHEY: But economist agree that it will not be inflationary in the short term, because it's not a big drop of money that's going to come down immediately. It's about shoring up our economy for the long-term.

SCIUTTO: But how, explain to that, to folks at home more than a trillion dollars, and some of it is, and you can make the argument it's necessary, right? I mean, the tax cuts, the Child Tax Credit, for instance, but that is money flowing into what is already a very hot economy with other pressures as well, including supply chain, how logically does that additional money not contribute to inflation?

BOUSHEY: Here's the thing, the bulk of the package is focused on addressing these longer-term needs, these needs we're here before the pandemic and continue to stress families in terms of their basics than their costs, so bringing down those cost per families is very, very important.

[10:25:09]

There are some pieces that will ensure that families continue to get the benefits that they so desperately need. So that additional funding from the child tax credit for those families with children that are struggling to afford the high costs of gas and food and childcare, that is money in those families pockets that they need at this particular moment, but the bulk of the legislation is focused on shoring up the economy, and for the long-term.

SCIUTTO: CNN poll of polls, which averages out approved polling shows President Biden's job approval sticking in the low 40s. The latest figures approved 44%, disapprove 51%, this has been a marked consistent and steady decline from earlier in the year. I wonder in the White House, president, you, are you concerned that the American people that voters don't approve of his approach, whether it be on inflation, or Build Back Better, that there's a disconnect here, it's showing up in the numbers?

BOUSHEY: Well, and the disconnect shows in the numbers in a variety of ways. Because we also see that people really do value and want and support the Build Back Better agenda. So, they do want to make sure the childcare is quality affordable.

SCIUTTO: Pieces of it.

BOUSHEY: So, there's a lot in there that families do want in need. You know, this has been a really tough time for the American people, for people around the world. We're trying to recover from this historic pandemic. And, you know, while we have seen enormous progress in the economy, you know, the unemployment rate right now is 4.2%. Forecasters, this time last year, thought it would take us another two years to get to that rate.

SCIUTTO: Right.

BOUSHEY: So, there are millions of people at work right now, who wouldn't be otherwise. But these costs affect all families. So, you know, we're seeing this economy really trying to break through this. But you know, I do believe that when I look at the polling numbers, people do see that these things that we're doing are important to their families and to their communities.

SCIUTTO: Let me ask you this, the President has downplayed supply issues saying that store shelves are full in places where it said that they wouldn't be full. But the fact is, the experience of many consumers is that many thing they're looking for -- many things they're looking for, as they get closer to Christmas are hard to find. And I wonder, do you believe the White House that the President is aware enough about how this is impacting families?

BOUSHEY: The President has been focused on supply chain since the campaign, right? We saw during the pandemic, that there were not enough pandemic related goods on shelves then. And the president before he became president said, this is an important issue. We've been relying on these global supply chains, where different parts of things are made in different countries, it's really complicated. And when a pandemic happens, we need to make sure that people have that protective gear, we need to make sure that things are available. So, he was ahead of the curve on this one. And that has been a focal point of this administration from day one.

There's these very long, lengthy reports, you can read on all the work that the administration is done the thinking around the supply chains. And alongside these actions that the President's taken. He's made sure that the ports on the West Coast could have those goods flowing through them. He stepped in and helped the private sector address the challenges that they are having, managing their own supply chains. I mean, this is really a matter of businesses. And the President has been present enough to say this is an issue that government needs to pay attention to and help and support the American economy for.

SCIUTTO: The test will be if people see what they want to buy and can frankly afford it. Heather Boushey, thanks so much for joining us this morning.

BOUSHEY: Thank you. HILL: Still to come, COVID very clearly resurging in a number of areas, further exhausting healthcare workers who've been on the frontlines at this fight for nearly two years. An E.R. doctor from one of the hardest hit states joins us next.

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