Overnight, an unelected federal judge blocked enforcement of Texas’s SB8 law that made abortions illegal after a fetal heartbeat was detected. Thursday morning, all three network morning shows were so overjoyed by the news that it was their lead story.
On ABC’s Good Morning America, congressional correspondent Rachel Scott celebrated the news, but balanced her excitement with some heavy-handed Republican bashing. She cheered the “blistering” “scathing” opinion from the liberal judge, “handing victory to the Biden administration”:
And this was a blistering opinion. The judge saying from the moment that this law went into effect it has prevented women from exercising control over their own lives. The ruling handing the Biden administration legal victory but the fight is far from over. This morning, breaking news in the battle over abortion rights. The most restrictive abortion law in the nation now suspended.
A federal judge ruling the Texas ban on the procedure as early as six weeks into pregnancy was flagrantly unconstitutional. In a scathing 113-page opinion, calling it “an offensive deprivation of an important right.” The controversial and unprecedented law sparking outrage around the country. [ Abortion activists chanting ]
The judge even went out of his way to attack the GOP “scheme”, which Scott marveled at: “The judge taking aim squarely at the Republicans who crafted the law accusing them of contriving an unprecedented and transparent scheme by making it harder for the courts to knock down the law.”
But ABC gave plenty of sympathy to the other side. Scott spoke to Planned Parenthood employees who were still worried about getting sued for performing abortions. “Planned Parenthood said the number of patients at its clinics plummeted by 80% and call centers turned into crisis hotlines,” she fretted.
Of course, no pro-life activists or Republicans were given a chance to respond.
NBC was ecstatic as well by the ruling.“Victory for the Biden administration!” The Today show teased. Correspondent Kelly O’Donnell continued congratulating he administration, “breathing a sigh of relief” this morning, touting their call to continue “the fight” against anti-abortion laws.
Showing footage of abortion activists protesting this past weekend, O’Donnell picked a side, calling abortion a “deeply personal and very public battle.” Abortion is only a “personal” right if you believe it's not killing another human being.
However, NBC did have the distinction of being the only network interested in getting a reaction from the pro-life side. O’Donnell featured a soundbite from the Susan B. Anthony List criticizing, “Now an unelected judge has interfered with the clearly expressed will of Texans.”
Like ABC, NBC also feared some abortion clinics were still hesitant to resume abortions, for fear of a higher court reversing this judge's ruling and being sued.
CBS's Mornings had the shortest report of the three networks. Co-host Gayle King touted, "We begin with breaking news overnight from Texas on the state's controversial abortion law. A federal judge is putting the measure on hold, calling it unconstitutional."
Like O'Donnell at NBC, correspondent Jan Crawford noted the Biden administration and abortion advocates were "relieved." She trumpeted the "strongly worded" lengthy ruling from Judge Robert Pitman calling the "offensive" law out for preventing women from "exercising control over their lives."
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Read the transcripts below:
Good Morning America
10/7/21
ROBIN ROBERTS: We begin with breaking news overnight, a major development in the battle over abortion rights. A federal judge blocking enforcement of a Texas law, the most restrictive in the country. Our congressional correspondent Rachel Scott has the latest for us. Good morning, Rachel.
RACHEL SCOTT: Robin, good morning. And this was a blistering opinion. The judge saying from the moment that this law went into effect it has prevented women from exercising control over their own lives. The ruling handing the Biden administration legal victory but the fight is far from over. This morning, breaking news in the battle over abortion rights. The most restrictive abortion law in the nation now suspended.
A federal judge ruling the Texas ban on the procedure as early as six weeks into pregnancy was flagrantly unconstitutional. In a scathing 113-page opinion, calling it “an offensive deprivation of an important right.” The controversial and unprecedented law sparking outrage around the country. [ Abortion activists chanting ]
SCOTT: All but blocking access to abortions in the state. We were there the day the law went into effect.
PLANNED PARENTHOOD EMPLOYEE: She was surprised. She was distraught and we began to explore options and think through the logistics if she would go out of state for the care she needed.
SCOTT: Planned Parenthood said the number of patients at its clinics plummeted by 80% and call centers turned into crisis hotlines.
UNIDENTIFIED PLANNED PARENTHOOD SPOKESPERSON : It has turned into a crisis center. People do not know where to go.
SCOTT: The judge taking aim squarely at the Republicans who crafted the law accusing them of contriving an unprecedented and transparent scheme by making it harder for the courts to knock down the law by deputizing private citizens to sue anyone who aids and abets an unlawful abortion from the doctors who perform them to the drivers who take women to the clinic. Those citizens could then collect a reward of at least $10,000. Overnight the state of Texas filing an appeal leaving some providers hesitant to offer abortions again. Fearing they might be sued retroactively if the law is reinstated.
UNIDENTIFIED: I don't think it's going to just open up the doors and providers are going to start providing abortions but I think many will still wait and see what the higher courts have to say.
RACHEL Even the judge who blocked the law acknowledging another court could rule differently, but writing, this court will not sanction one more day. And in a statement the White House calls this an important step forward but also acknowledge that the battle over abortion rights has only just begun and the issue will land right here at the Supreme Court this Fall, Robin.
ROBIN ROBERTS: What does this mean for women in Texas right now, Rachel?
RACHEL Well, Robin, I can tell you I just got back from Texas and I was speaking to women that have been traveling hundreds of miles for an abortion procedure. Some clinics this morning in Texas do plan to resume those abortion appointments for women who are up to 18 weeks pregnant but other clinics are still hesitant, waiting for this to play out in the courts.
CBS Mornings
10/7/21
GAYLE KING: We'll get to that in just a second, but we begin with breaking news overnight from Texas on the state's controversial abortion law. A federal judge is putting the measure on hold, calling it unconstitutional. Jan Crawford is following that story. Jan, good morning to you.
JAN CRAWFORD: Good morning. The reaction among Biden administration officials, abortion rights advocates was relief. The judge's decision stems from a Justice Department lawsuit against Texas last month, just days after SB-8 went into effect. The law outlaws abortions once embryonic activity is detected, which is usually around six weeks, and that could be before some women even know they're pregnant. It allows private citizens to enforce it by bringing civil lawsuits against anyone who helps a woman get an abortion after that with fines starting at $10,000. But in a strongly worded, 113-page ruling, Judge Robert Pittman said “the law was blatantly unconstitutional. From the moment sb-8 went into effect women have been unlawfully prevented from exercising control over their lives. This court will not sanction one more day of this offensive deprivation of such an important right.”
Now, in a statement, the Biden administration cautioned that the fight has only just begun. Texas of course will appeal and the Supreme Court is taking up that Mississippi abortion ban in December that is likely going to determine not only the fate of this law in Texas, but other states as well. Nate.
NATE BURLESON: We will keep an eye on that. Jan, thank you.
…
NBC Today
10/7/21
HODA KOTB: Good morning. Breaking overnight, a federal judge blocks that near total ban on abortion. In the state of Texas. The ruling, victory for the Biden administration as it challenges the controversial law. We'll have the latest on that ruling and the potential impact in other states around the nation.
…
SAVANNAH GUTHRIE: We begin with that breaking news overnight, a federal judge blocking the controversial law in Texas that bans most abortions.
HODA KOTB: It's a temporary measure reverberating from coast to coast. Where does it go from here? NBC's Kelly O'Donnell is at the White House for us. Kelly good morning.
KELLY O’DONNELL: Good morning Hoda. The Biden administration breathing a sigh of relief. Its legal action against the Texas abortion law has won this temporary relief that won enforcement against the states sweeping restrictions. The White House called this an important first step to protect what it argues are women's constitutional rights. The White House also noting that the fight has only begun.
[abortion activists chanting] This morning the toughest new abortion restrictions in the nation now on hold. A consequential, but temporary development in the deeply personal and very public battle over abortion rights. A federal judge in Texas ruling late Wednesday that the state's near total ban on abortions is unconstitutional after the Biden administration sued to stop the new law. The judge called the Texas restrictions “an offensive deprivation of such an important right.” The it can law, which has been in effect since September 1st, bans abortions once a fetal heartbeat is detected as early as the sixth week of pregnancy before many know they're expecting. The measure notably makes no exceptions for rape and incest.
During arguments between the Justice Department and the Texas Attorney General's office the judge pressed Texas lawyers on the law's very unusual provisions, which allow private citizens to sue abortion providers and even those who assist women getting to clinics or paying for procedures. In a 113-page ruling the federal judge expressed concern other states could enact similar legislation. The Texas law became a catalyst in the larger debate with anti-abortion advocates energized pledging to use the Texas example in other states while those supporting abortion rights demand a federal response to protect women's rights.
ABORTION ACTIVISTS: Roe V. Wade is here to stay.
O’DONNELL: Over the weekend women marched in cities nationwide to urge the U.S. Supreme Court to protect existing abortion rights. The Susan B. Anthony List, an anti-abortion group, responded to Wednesday's ruling saying now an unelected judge has interfered with the clearly expressed will of Texans.
In Washington, the Supreme Court has refused to take up the Texas law, but more challenges are expected and this term the high court will look at another law on restrictive abortions in Mississippi. All set against the question of whether the decade's old landmark case of Roe V. Wade will stand.
KOTB: Ok so Kelly, With this overnight ruling in Texas, how does that affect abortion providers there now?
O’DONNELL: Well, there are real practical questions. One of the state's largest providers has already said clinics are making plans to resume abortion services for patients up to eight weeks -- 18 weeks into their pregnancy. Now that comes as neighboring states around Texas report seeing an uptick in patients crossing state lines as a result of that law that banned abortions at six weeks. But other providers are reluctant and they're reluctant to resume their services because they know the law was written in such a way they could be retroactively sued for any abortions performed while this law is blocked. Of course we expect additional legal challenges to this new ruling. Hoda?
