First thing on CNN’s New Day Thursday morning, hosts Brianna Keilar and John Berman brought on senior legal analyst Elie Honig to celebrate a district court judge blocking Texas’ new abortion law. The law, which allowed citizens to sue abortion providers if a pregnancy was terminated after a fetal heartbeat was detected, went into effect September 1st of this year, and was almost immediately hit with a lawsuit from the Justice Department contesting its constitutionality.
Berman, Keilar, and Honig could barely contain their excitement as they discussed the district court ruling: “This is tremendous. Most importantly because, as we stand here now, this anti-abortion law in Texas is not in effect. It is on pause,” began Honig. He continued: “Enormous win for the Biden administration. Enormous blow for the Texas law here.”
Honig praised the district court judge, Robert Pitman, for his 113 page ruling that amounted to a left-wing screed, calling the language “striking”:
The language this judge used is very direct. He pulled no punches. The judge, Robert Pitman, said: “Fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional,” you don’t see that kind of directness from judges all the time, “the state contrived,” made up, “an unprecedented and transparent statutory scheme to do just that.” Like you said, Brianna, Texas put together this law in a way to make it difficult for a judge, like Judge Pitman, to review it. And he essentially said, I'm not buying it. I’m not letting you sort of weave between the lines here and get around judicial review. And that's why he issued his ruling.
The near certainty of Texas appealing this decision had Berman concerned: “The Attorney General and the Biden White House, they applauded this decision last night. But their -- their applause, their euphoria here, I imagine, could be very temporary.”
Honig agreed, explaining how, upon appeal, the case would move to the Court of Appeals and then, possibly, the Supreme Court. He also noted that the Fifth Circuit Court of Appeals is “famously conservative.”
Berman concluded the segment by somberly stating: “Maybe as soon as a day or two and this law could be back in effect.”
CNN, along with the rest of left-wing media, has relentlessly attacked pro-life laws such as this one. Their agenda is clear: they are doing everything in their power to portray the pro-abortion judge as good and laudable, and the pro-life movement as restrictive and harmful.
This segment was sponsored by Abbott Laboratories and Tylenol.
Read the full transcript of the segment below by clicking Expand:
10/07/21
5:58:18 AM ETJOHN BERMAN: Breaking overnight, a federal judge blocked the abortion ban in Texas. The judge siding with the Biden administration which sued after the Supreme Court declined to step in and block the Texas law. This is a law that bans abortion as soon as a fetal heartbeat is detected. That's usually around six weeks before most women even know they're pregnant. The Texas law also effectively deputizes its citizens, allowing them to sue clinics, doctors, nurses, even Lyft drivers who may take a woman to get an abortion.
BRIANNA KEILAR: In his scathing 113-page ruling, the judge here said, “From the moment S.B. 8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution…That other courts may find a way to avoid this conclusion is theirs to decide; this court will not sanction one more day of this offensive deprivation of such an important right.” Texas officials are planning to appeal this ruling, so what does all of this mean going forward? CNN senior legal analyst Elie Honig joining us now. He’s a former state and federal prosecutor. How significant is this decision?
ELIE HONIG: Yeah, Brianna, this is tremendous. Most importantly because, as we stand here now, this anti-abortion law in Texas is not in effect. It is on pause. Also important to know, however, this is just the first step in the legal battle that is to come. This is temporary. This decision we got yesterday came from a district court judge, a trial level judge in the Federal Court for the Western District of Texas. So it's a first step, there are more legal battles ahead, we’re gonna end up in the Court of Appeals, and potentially in the U.S. Supreme Court. That said, what happens in the district court, very important. Enormous win for the Biden administration. Enormous blow for the Texas law here.
KEILAR: So then the judge directly addressed this novel enforcement scheme, which that's one of the things that made it difficult, right, for, for getting around the enforcement of it. Individual citizens empowered to go after abortion providers and others who help women get abortions. What did he say about that?
HONIG: Yeah, exactly, Brianna, when you read this opinion, it’s striking. The language this judge used is very direct. He pulled no punches. The judge, Robert Pitman, said: “Fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional,” you don’t see that kind of directness from judges all the time, “the state contrived,” made up, “an unprecedented and transparent statutory scheme to do just that.” Like you said, Brianna, Texas put together this law in a way to make it difficult for a judge, like Judge Pitman, to review it. And he essentially said, I'm not buying it. I’m not letting you sort of weave between the lines here and get around judicial review. And that's why he issued his ruling.
BERMAN: So, Elie, the Attorney General and the Biden White House, they applauded this decision last night. But their -- their applause, their euphoria here, I imagine, could be very temporary. What’s next?
HONIG: Yes, this is indeed temporary, like I said. This is an opinion from a district court judge. Now, the judge said I'm putting the Texas law on hold, and I'm not going to stay my own opinion. Meaning that hold goes into effect now. What we’re gonna see next, and possibly as soon as today, is the state of Texas is gonna go to the Court of Appeals, the Fifth Circuit. By the way, famously conservative. And they’re gonna ask the Court of Appeals to do two things. One, put the District Court ruling on hold, let that Texas law go back into effect, and eventually they’re gonna ask the Fifth Circuit to overturn what the judge just did last night. And then, whoever loses here on the Court of Appeals is almost certainly gonna try, try is the key word here, to get the case up to the U.S. Supreme Court. Of course, the Supreme Court doesn’t take every case, they take a very small percentage of cases. But it will be up to the Supreme Court if they want to hear this somewhere down the line.
BERMAN: Alright, so stay tuned. Maybe as soon as a day or two and this law could be back in effect. But we’ll see what the Fifth Circuit does. Elie, you stick around.
HONIG: I will.
BERMAN: Because we have a lot more for you in just a moment.
