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DOJ to Challenge Abortion Pill Ruling; Protests Against Black History Standards; Ukraine Won't Get F-16s This Year; U.S. Women's National Team Coach Resigns. Aired 6:30-7a ET

Aired August 17, 2023 - 06:30   ET

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

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[06:33:14]

POPPY HARLOW, CNN ANCHOR: Welcome back.

A major abortion pill case is now going to the Supreme Court. The Justice Department, officials there, say they will ask the justices to review an appeals court ruling that was handed down yesterday. It limits access to Mifepristone. That, of course, is used in combination with another drug. And it's the most common way that women in the United States terminate their pregnancies.

Our senior Supreme Court analyst, Joan Biskupic, joins us in Washington with more.

Good morning, Joan.

JOAN BISKUPIC, CNN SENIOR SUPREME COURT ANALYST: Good morning.

HARLOW: What did the Fifth Circuit do and when does this get heard up high?

BISKUPIC: Sure, Poppy, good to see you and Phil.

This is the most important abortion related litigation to hit the federal court since the Supreme Court itself overturned Roe v. Wade a year ago. And it involves the authority of the Food and Drug Administration to approve any kind of drug. In this case it was the abortion medication. But it's, you know, its ability to look at drugs and find them safe and effective and to also, in what happened here, loosen some requirements for access to the drug.

So, last April a Texas judge, first hearing this case brought by physicians and medical groups that oppose abortion, had ruled that the core FDA approval for Mifepristone that dates all the way to 2000 was flawed, so it rejecting that and regulations that went into effect beginning in 2016 that increased women's ability to get the drug. For example, ten weeks into pregnancy rather than just seven weeks and other elements that, as I say, made it easier for women to have access to the drug.

The Fifth Circuit Court of Appeals yesterday reviewing that Texas judge's decision, said that it was wrong to reverse the 2000 year approval.

[06:35:00]

But importantly here, Poppy and Phil, said that the 2016 protocols that gave women more access to the drug, that the FDA did not sufficiently assess how they could -- those new protocols could adversely affect women who were taking the drug. So, it really questions the FDA's approval process. And that's why the Department of Justice said it needs to appeal to preserve the agency's scientific expertise, but also to help Americans nationwide who would want access to the drug.

PHIL MATTINGLY, CNN ANCHOR: You know, Joan, I remember when the first ruling came out. I think you and I were together. It was like a Friday night. It was very late.

BISKUPIC: That's right. That's right.

MATTINGLY: And we were going back and forth for a couple of hours. And, you know, the idea that -- the point you made at the very beginning I think is the most critical one. In term of what this means, this is by far the most critical abortion-related case the Supreme Court will be dealing with since the Roe v. Wade ruling. Do we have any sense right now of how this is going to hand when it gets up to the nine justices?

BISKUPIC: That's a good question. And, you know, it's going to land importantly for Americans out there in terms of what the -- if this - if this ruling is upheld, just think of what would happen. It will make it harder for women to access this drug, go, as I said, from just seven weeks of pregnancy. They wouldn't be able to get it all the way into ten weeks. A non-physician wouldn't be able to prescribe it, as happens now. You wouldn't have any telehealth access or access by mail.

But, to get to your core question of, what would happen at the Supreme Court, it was an extremely conservative lower court judge who first started all this with the ruling that said that even the 2000 year approval was wrong. And it was a very conservative panel of the Fifth Circuit.

But we're not dealing with a liberal Supreme Court anymore. We haven't been dealing with that for decades. But we certainly have the most conservative Supreme Court in decades about to hear this case.

I do think, though, Phil and Poppy, that there's a chance it might not go as extreme as their abortion ruling had gone last year, just because of what's at stake here. You know, it's FDA approval not just for Mifepristone, but for cancer drugs, diabetes, epilepsy.

HARLOW: For everything.

BISKUPIC: Exactly. So, there's - it's a more complicated set of elements here. And we'll see. And to - Phil, to your question, when? I would think that it could be heard in the term that's coming up that begins this fall with an ultimate ruling probably by next summer, 2024.

HARLOW: Joan, thank you so much and thanks for reminding us, this isn't just about this drug, it's about deciding on a broader issue that would affect how the FDA approves so many different drugs.

BISKUPIC: That's right.

HARLOW: Appreciate it.

BISKUPIC: That's right. Thank you.

MATTINGLY: Well, community leaders and activists taking to the streets of south Florida protesting new education standards they say inaccurately teaches black history.

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DR. MARVIN DUNN, HISTORIAN AND PRESIDENT, MIAMI CENTER FOR RACIAL JUSTICE: It was painful to see our history being buried like that, on purpose.

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[06:41:47]

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JUSTIN PEARSON (D), TENNESSEE STATE REPRESENTATIVE: (INAUDIBLE) for too long and them trying to silence our (INAUDIBLE), silence our home (ph), silence our opportunities, and now we find that they thought that they would be able to change these standards and we wouldn't say nothing!

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MATTINGLY: Tennessee State Representative Justin Pearson, one of the Tennessee three, traveling to Miami to march with protesters against Florida's new black history standards.

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CROWD: Whose streets? Our streets! Whose streets? Our streets! Whose streets? Our streets! Whose streets? Our streets!

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MATTINGLY: Now, some of the protesters carrying signs that read, "teach the truth," and "slavery had no benefits." It comes after the state issued those new teaching standards that required lessons, including that slaves learned skills that benefited them personally.

CNN's Carlos Suarez reports.

(BEGIN VIDEOTAPE) CARLOS SUAREZ, CNN CORRESPONDENT (voice over): These are some of the cruel reminders of Florida's black history. The destruction of the once thriving black town of Rosewood at the hands of a white mob, lynchings in Newbury, and a mass unmarked grave in Ocoee where in 1920 two black men tried to vote. The offense considered so great that it lead to the deaths of as many as 50 people. Most of them were black. Two were white men.

DR. MARVIN DUNN, HISTORIAN AND PRESIDENT, MIAMI CENTER FOR RACIAL JUSTICE: They killed two of their own.

SUAREZ: A painful, racial past that some historians and educators believe Florida is trying to rewrite.

UNIDENTIFIED MALE: Let the record reflects --

GOV. RON DESANTIS (R-FL): These are the most robust standards in African American history.

SUAREZ: Last month, the state's board of education approved new standards for teaching black history in order to comply with, quote, "anti-woke policies" led by governor Ron DeSantis that limit how race is discussed in schools and businesses. The board now requires that events like the Ocoee Massacre to be taught as, quote, "acts of violence perpetrated against and by African Americans." A distinction historian Dr. Marvin Dunn says is wrong.

DUNN: There was no black on white racial violence in Ocoee. The state of Florida requires teachers to teach that lie.

SUAREZ: Dr. Dunn recently took three dozen teachers and staff from Miami-Dade Public Schools on what he calls his Teach the Truth Tour, with stops throughout central Florida.

DUNN: It's painful to see our history being buried like that on purpose.

SUAREZ: For high school teacher Mark Riley, the trip was overwhelming.

MARK RILEY, HIGH SCHOOL TEACHER: You know, I've heard stories but it's nothing like coming out here yourself and experiencing and in seeing it for yourself.

SUAREZ: From high school, to Sunday school, churches are also carrying the tradition of preserving black history. Dr. Tony Drayton is the pastor of the Saint James Church of Rivera Beach where he says black history has long been a part of his sermons and lessons for his young members.

DR. TONY DRAYTON, PASTOR, SAINT JAMES CHURCH OF RIVIERA BEACH: Five, ten minute short stories that's on his or her level.

SUAREZ: Dr. Drayton is also a part of the non-profit Faith in Florida, a group that's created a black history tool kit. It's a resource featuring articles, books and documentaries to help anyone learn more about the history of African Americans. DRAYTON: The tool kit can be a game changer in teaching our history.

SUAREZ: It's that truth that parents, teachers, lawmakers and activists demanded at a recent town hall near Miami where the frustration was palpable when the discussion turned to another part of the new education standard that states, quote, "slaves developed skills which, in some instances, could be applied for their personal benefit."

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STEVE GALLON III, MIAMI-DADE SCHOOL BOARD MEMBER: Slavery was one of the most horrific, brutal, divisive, destructive, evil experiences that this world has ever known!

SUAREZ: Manny Diaz, Florida's commissioner of education, accepted an invitation to attend but did not show up, saying he was welcoming students back to school.

UNIDENTIFIED MALE: Manny Diaz is a coward.

SUAREZ: Vice President Kamala Harris did come to Florida to speak out against the new standards. And she turned down an invitation from Governor DeSantis to have a debate about the new curriculum.

KAMALA Harris, VICE PRESIDENT OF THE UNITED STATES: There were no redeeming qualities of slavery.

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SUAREZ: And so we reached out to the - we reached out to the department of education for comment on some of the criticisms surrounding the new standards, as well as the education commissioner's decision not to attend the town hall. However, we did not hear back.

As for the teachers that we spent the weekend with in central Florida, all of them said they do not plan to teach what they believe to be lies.

Phil and Poppy.

MATTINGLY: All right. Carlos Suarez for us in Miami, thank you.

HARLOW: Yes, so glad Carlos did that piece. Really important.

Ahead, a new very troubling study on the rise of cancer diagnoses among young people. The demographic that is driving the increase. We'll tell you ahead.

MATTINGLY: And, first on CNN, Secretary of State Antony Blinken has spoken on the phone to Paul Whelan, the American who is in prison in Russia. What he told him, that's next.

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HARLOW: All right, now to Ukraine this morning. The first container ship to depart Ukraine since the Black Sea grain deal collapsed has reached Romanian waters. That's according to the latest tracking data. And it comes as Russia launched multiple drone attacks on Ukraine's ports, putting global food security at risk. Meantime, a Ukraine air force officials says U.S. - says that U.S.-made F-16 fighter jets are not expected to arrive this year as Moscow attacks the slow counteroffensive.

Nick Paton Walsh joins us live in Dnipro, Ukraine, with more.

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Nick, good morning to you. What can you tell us?

NICK PATON WALSH, CNN CHIEF INTERNATIONAL SECURITY CORRESPONDENT: Yes, certainly Ukraine desperately in need of some kind of air support boost for their southern counteroffensive. That said, though, they are seeing some success. And we were with them as they got and announced the capture of the first village in about two or three weeks in the southeastern part of their counteroffensive, an advance that seemed partially aided by cluster munitions. Unclear who supplied them. But, remember, the U.S. has recently given them to the Ukrainians, and they appear to be in use.

Here's what we saw.

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WALSH (voice over): There may be ruin around them, but their direction is forward.

We're with the 35th Ukraine Marines. The first supporters to get to outskirts of Borodianka. Yet another village announced liberated Wednesday. The victories may be small but are constant.

WALSH (on camera): So, just down here, Borodianka, yet another town taken as the counteroffensive does move forward. We were just seeing the neighboring village taken last week, but they keep moving.

With that much incoming we're getting out of here as quick as we can. While they control Borodianka, the Russians do everything they can to make it a nightmare for the Ukrainians to be there.

WALSH (voice over): The unit showed us the intense fight captured by drone. This, their tank, advancing, dropping a string of anti-mine explosives behind it, they said, which then, once it turned, detonated. The unit release a video of them in the town Wednesday of how they turned their firepower on what was once a Russian stronghold that shelled them. The company commander recalls many more Russians hidden there than he expected.

Very many died, he says, especially when they started to run. And when they held houses, lots of them died there. But they were caught as they fled. The smoke around Russians likely made by cluster munitions. Ukraine has said it is already using some rounds controversially supplied by the United States. We could not confirm if these fights here with a new American cluster bombs, but the losses suffered were clear, and they say their use is less of an ethical dilemma when you're in this brutal fight.

I don't understand it, he says. That side is using whatever they want. Our people are dying from all this and it's OK. When the other side die, it's not? I don't understand.

This footage shows how young some in the assault were. He has no time for western analysts who say this should be moving faster.

I would say they could always come to me as a guest and fight with me, he says. If someone believes that you can flight over the mine field on a broom like in "Harry Potter," it doesn't happen in a real fight. If you don't understand that, you can sit in your armchair and eat your popcorn.

WALSH (on camera): Yes, I smell it.

WALSH (voice over): Out here, the last month of advances feel both empty and grueling, littered now with Russian dead. They haven't moved perhaps as far as it is felt.

WALSH (on camera): These just empty farm fields in which many have died to take each kilometer.

WALSH (voice over): The Russians mined so hard here, they use this machine to do it. So much damage done, it's hard to imagine what plans Moscow had for here at all had they kept it.

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WALSH: Important to give you some context about why Borodianka matters.

We were in Staromaiorske, just north of it, a couple of weeks ago, and the problem they were facing was the Russians had dug into Borodianka and were shelling them across the river. But, since then, they've moved forward. In fact, down the other side of the river entirely and taken that important village. This all sounds incremental, but it's brutal and hard work for the Ukrainians. And they feel progress, even though, as you saw there, the fields they're advancing through, they're empty, sparsely populated. This is what their slow sense of victory looks like.

Poppy.

HARLOW: Nick Paton Walsh, remarkable reporting, as always, live from Dnipro, Ukraine. Thank you.

So next for us, the coach from the U.S. women's national soccer team stepping down after a disappointing World Cup run.

MATTINGLY: And will he, or won't he, or what will he do? The new CNN reporting of what Trump could do if he skips out on next week's first primary debate.

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MATTINGLY: Well, we're learning this morning the coach of the U.S. women's soccer team has reportedly stepped down less than two weeks after being knocked out of the World Cup.

HARLOW: Andy Scholes joins us now.

He was new, right? Was this expected?

ANDY SCHOLES, CNN SPORTS ANCHOR: Well, yes, after the finish, you know, this was not much of a surprise, guys. The U.S. women did have their worse showing ever at the World Cup. And according to multiple reports, Vlatko Andonovski has resigned. Andonovski, he only lost five games in (ph) regulation, almost four years at the helm, but he didn't deliver on those high expectations. The two-time defending World Cup champion scored only four goals in their four World Cup matches. And this was after finishing with a disappointing bronze medal at the Tokyo Olympics.

But a new coach is going to need to be named rather quickly with the Paris Olympics just a year away from now.

Elsewhere, we did see some history at the Little League World Series yesterday. Cuba making their first-ever appearance in Williamsport, but they, unfortunately, were no hit by Japan, losing that game 1-0. Panama, meanwhile, they got an epic performance from Omar Vargas against the Czech Republic. He struck out every single batter he faced. He had 12 strikeouts in four innings and he hit a grand slam, knocking in all of the team's runs as they won the game 4-0.

Now, Phil, I know you once upon a time were a 12-year-old baseball phenom, but did you ever strike out 12 and hit a grand slam in one game?

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MATTINGLY: I just don't understand how a 12-year-old's throwing a slider like that. That's insane.

SCHOLES: That was nasty. Yes.

MATTINGLY: But also, kids, take it opposite field. Come on, Andy, you know the deal.