Morning Wire - Dueling Abortion Pill Rulings & Biden Approval Poll | 4.11.23

Episode Date: April 11, 2023

The DOJ files an appeal after a federal judge in Texas suspended the FDA’s approval of a widely-used abortion pill, a new poll shows most Americans don’t want President Biden to seek a 2nd term, and a man convicted in the self-defense killing of a Black Lives Matter protester in Texas, is being considered for a pardon. Get the facts first with Morning Wire.  Birch Gold: Text "WIRE" to 989898 for your no-cost, no-obligation information kit. Epic Will: Save 10% off your complete will package: https://www.epicwill.com/wire Learn more about your ad choices. Visit podcastchoices.com/adchoices

The DOJ has filed an appeal after a federal judge in Texas suspended the FDA's approval of a widely used abortion pill. Meanwhile, some lawmakers say the FDA should ignore the ruling. So I agree with ignoring it. At this point, this thing should just be thrown out, by frankly. We break down the debate from both sides and how a conflicting ruling is affecting access to the drug. I'm Georgia Howe with Daily Wire editor-in-chief John Bickley. It's Tuesday, April 11th. And this is Morning Wire.

President Biden continues to hint at a second presidential run, while a new poll shows most Americans don't want him to. What are the deciding factors for Biden? And what are the key issues for voters? And a man convicted in the self-defense killing of a Black Lives Matter protester in Texas is being considered for a pardon. He does not deserve to go to prison. Plus, the latest on the bank shooting in Louisville.

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Text wire to 9898989.9.9.98 today. That's wire to 9898-8 today. A federal judge in Texas has suspended the FDA's approval of a widely used abortion pill Miffa Pristone. But a conflicting ruling and the DOJ's move to appeal the decision is complicating the drug's access. Here to discuss the legal matter and the partisan response is Daily Wire reporter Amanda Presta Jocamo. So these two rulings both came down on Friday, literally within an hour of each other, and there's been a lot of debate since then. Tell us about these two decisions. Yeah, sure thing.

a federal judge out of Texas, Matthew Casmeric, ruled Friday that the FDA ignored its own rules to approve the chemical abortion pill Mitha Prestone without sufficient testing. Kismarica, Trump appointee, who notably received death threats and harassment leading up to this decision, sided with the Alliance of Hippocratic Medicine and other pro-life groups who were represented by lawyers at Alliance defending freedom. Not even an hour later, a federal judge out of Washington, Judge Thomas Owen Rice and Obama appointee issued a ruling blocking the FDA from removing its approval of Miffa Pristone in 17 Democratic-led states in Washington, D.C. While Judge Rice blocked any changes to the drug's access in those states, he denied the state's bid to expand the pill's access. So what is the accessibility of Miffraestone right now and what's expected to happen legally with these two conflicting rulings?

As of today, Miffa Pristone is still available. That's because Casmeric stayed his order for one week to allow the FDA time to seek intervention from an appeals court. President Joe Biden and VP Kamala Harris have vowed to appeal a decision, and the Justice Department has already filed a notice to appeal. Following an appeal, legal experts believe this matter will ultimately be hashed out at the U.S. Supreme Court. Okay, so let's get into the reaction to Casmeric's ruling. What are we hearing from both sides on this issue? We'll start with the critics. Laura Myers, the president and CEO of abortion giant Planned Parenthood of Metropolitan, Washington, D.C., called the ruling unconscionable, and argued that Miffipristone is extremely safe and effective and used every day for, quote, basic health care.

She added that the drug should be even more accessible. Others on the left have claimed Judge Casmaric's ruling was affected by his personal beliefs on abortion. They've cited his plain language when describing the issue. abortion pill. For example, Casmeric wrote that Miffipristone ultimately starves the unborn human until death and said the pill is used to, quote, kill the unborn human. In legacy media and more broadly on the left, abortion is almost always cloaked in euphemism, and this was certainly not the case here. Some lawmakers have even gone so far as to call for the judge's ruling to be ignored. Here's Democrat Alexandra Ocasio-Cortez. I believe that the Biden administration should ignore this ruling,

It is the justices themselves through the deeply partisan and unfounded nature of these rulings that are undermining their own enforcement. Republican Nancy Mace agreed. It's not up to us to decide as legislators or even, you know, as a court system that whether or not this is the right drugs use or not. Critics are condemning these calls by elected officials to ignore a judge's ruling. And the response from the pro-life side is obviously very difficult. different. Tell us about that. Right. ADF senior counsel, Eric Baptists, celebrated Casmeric's ruling,

saying that the FDA, quote, never had the authority to approve the drug or to remove important safeguards. Just to note, the FDA approved Miffipristone more than 20 years ago, but ADF says that was only possible because the agency categorized pregnancy as a, quote, illness and argued that the drug provides a meaningful therapeutic benefit. Lila Rose may be the most prompt. prominent pro-life activists in the U.S. was not shy about calling the decision a win for the unborn. Roe said the decision will, quote, save children from the violence of chemical abortion and allow them their constitutional right to be born and live. Well, in a post-Roe America, we might be seeing a lot more debates like this.

Amanda, thanks for reporting. Yeah, anytime. That was Daily Wire reporter, Amanda Presta Jocamo. Coming up, President Biden gives his strongest signal yet that he's running again. According to a recent poll, almost two-thirds of Americans don't have a will. That's kind of like being afraid your house will burn down and not having homeowners insurance. Don't put it off any longer. For just $119 and in as little as five minutes, Epicwill can help you create your last will

and testament, living will, and even health care power of attorney. Go to epicwill.com slash wire to save 10% off your complete will package. That's epicwill.com slash wire. With the 2024 election fast approaching, President Biden gave his strongest indication yet that he plans to run for a second term. The news comes as a number of recent polls show the vast majority of Americans don't want him to run again. Here with Morris Daily Wire, senior editor Cabot Phillips. Hey, Gabbyt. So President Biden has sidestepped this question in the past, but we've got something a bit more direct here. What can you tell us? Well, usually it's a given

that a president will seek another term. Nearly every president has. The last to decline in potential run was Lyndon Johnson. But a number of factors have cast doubt on whether Biden, Biden would indeed run for re-election. His approval ratings have been dismal since the botched withdrawal from Afghanistan, and the majority of voters say that he's largely to blame for the rampant inflation that we've seen. And there's also his age. Biden was already the oldest president ever at 78 when he took office, and he'd be 86 by the end of his second term if he won re-election.

That would make him the oldest president ever by a decade. Those concerns, along with others, have created an interesting stalemate, where Biden has been relatively coy when asked about his intentions for 2024. But on Sunday at the White House Easter egg role, the president gave his strongest indication yet that he plans to run. Are you saying that you would be taking part in our upcoming election in 2020? I'll either be rolling an egg or being the guy who's pushing them out. Come on, no, no. I plan on running now, but we're not prepared to announce it yet.

Now, look, it's worth noting when a candidate does officially announce their run, there's a more complicated financial disclosure process, fundraisings treated differently, et cetera. So there are a few reasons why a candidate would want to delay an announcement, but it's still noteworthy just how hesitant Biden has seemed prior to this point. Now, you mentioned rough polling numbers earlier. Let's get to that. How has President Biden been tracking? Yeah, we've talked a good bit over the last year about the president's low approval ratings. And for good reason. After sitting the low 50s for his first few months in office, Biden cratered over the next year, hitting a low point in mid-30s last summer. And since then, he has ticked up a bit, but still hovers in the low 40s with a disapproval rating well into the 50s.

So a tough spot to be for re-election. What's the latest polling on that front? Well, according to a new poll from CNN last week, just 32% of Americans say Biden deserves the second term, 32%. That's down from 37% in December. And it's worth noting during that time frame, the largest shift came among young voters. Just 26% of voters under 35 now say they want him to run again. That number was up at 36, around Christmas. But most concerning for Biden is his performance among voters in his own party. 54% of Democrats or Democrat-leaning independence say they won a different nominee in 2024. And it was interesting looking at the data that when asked who they would prefer instead of Biden,

no one really comes to mind for Democrats. About 70% could not give a specific answer for a replacement nominee, and no single Democrat candidate scored more than 5%. So the issue for Biden is not that Democrats have rallied to another leader. it's simply that they don't want him. And more broadly, his overall disapproval in that poll sits at 57% while just 42% approve of the job he's doing. And on every major issue, he's underwater. 35% approve of his handling of immigration,

37% on the economy, and 44% on national security. Best rating actually comes on environmental policy, and even that is underwater with just 46% approval. That's a pretty grim there. Yeah. What were the main concerns among voters? Well, according to CNN, 67% of voters, voters say he does not have the, quote, stamina and sharpness to be president. Remember, that's a pretty

tough metric to turn around once voters make up their mind. And 65% say he doesn't inspire confidence. 54% say he's not honest or trustworthy. So it's not like people disapprove of his policies, but like his personal qualities, he's struggling on both fronts. All that said, his party did perform better than expected in the midterms. So he can point to that as a reason to keep him on the ticket. Expect to hear that message from the White House in these coming months as he gears up for a run. Yeah, I'm sure we'll hear that talking point a lot. Cabot, thanks for reporting. Anytime. That was Daily Wire senior editor, Cabot Phillips. The Texas Board of Pardons and Parole said on Monday that it would investigate the case of U.S. Army Sergeant Daniel Perry, who was convicted

last week of killing a Black Lives Matter protester. Texas Governor Greg Abbott requested that the board look into the case, vowing that he would work as swiftly as Texas law allows to pardon Perry. Here to talk about Perry's trial and his chances of a pardon is Daily Wire reporting. Tim Pierce. So Tim, Perry was convicted on Monday over an incident that took place in 2020. Can you just recap what happened? Sure. In July of 2020, Perry was enlisted in the Army, but he earned money on the side as a ride share driver. On July 25th, he was driving for Uber in downtown Austin, Texas. He ran a red light and came right up on a Black Lives Matter protest, nearly hitting one protester. He hit his horn a few times before 28-year-old Garrett Foster approached Perry's vehicle

armed with an AK-47. According to Perry, Foster began to raise his rifle in Perry's direction, so Perry shot and killed Foster with a revolver. Perry called 911, turned himself in, police interviewed him, and then set him free. A year later, a grand jury indicted Perry on one charge of murder for Foster's death and one charge of aggravated assault with a deadly weapon for nearly hitting a protester with his vehicle. On Friday, the jury found Perry guilty of murder, but cleared him on the assault charge.

Okay, so Perry was tried by a jury and convicted. Why does Governor Greg Abbott want to pardon him? Essentially, Abbott says Perry's prosecution was political, and the Austin, Texas-based jurors allowed politics to cloud their judgment. The guilty verdict received a wave of condemnations. Perry's supporters say that he was clearly acting in self-defense, and this case never should have been prosecuted. Critics point out that the local prosecutor, Jose Garza,

was backed by George Soros and tends to be fairly lax when it comes to enforcing the law. Here's Texas Attorney General Ken Paxton. This guy ignores real crime. Lots of property crimes, drug crimes, abortion crimes, any crimes that he doesn't like, he nullifies, and then he maliciously prosecutes people that he doesn't like for political purposes. On the other side of this, Garza said Perry provoked the confrontation by driving his car into the protest. They also revealed messages from Perry saying he might, quote, kill a few people on my way to work. They are rioting outside my apartment complex.

Asked if he could kill them legally, Perry responded, if they attack me or try to pull me out of my car, then yes. Now, Abbott seems pretty convinced that this was self-defense, but it has to go through the pardon board first. What are Perry's odds? Pretty good, and Attorney General Paxton agrees. Look, I'm really optimistic. They're not elected. They're appointed by the governor, seven members, and I sincerely hope that they will take what's happened into account and let this guy go, pardon him. Abbott asked the board to expedite the recommendation and has promised to sign it the minute it hits his desk.

Until then, Perry faces a max sentence of life in prison. Now, has the prosecutor Garza made any comments? He has. Over the weekend, Garza called Abbott's remarks deeply troubling and promised to continue to fight for justice for the Garrett family. All right. Well, we're going to keep an eye out for any updates. Tim, thanks for reporting. Sure. Thanks for having me on.

That was Daily Wire reporter Tim Peers. Other stories we're tracking this week. Authorities have revealed the identity of the suspect in the mass shooting at the Old National Bank in Louisville, Kentucky. on Monday. The suspect, who Daily Wire is not naming due to company policy, was a 23-year-old who had worked full-time at the bank since 2021. The shooter was reportedly live streaming the rampage on his Instagram account, which has since been pulled down. The shooter fatally shot four people and injured another nine. Police say the shooter was killed by responding officers. Here's Deputy

Chief Paul Humphrey at a press conference. It is clear from the officer's response that they absolutely save people's lives. U.S. Secretary of State Anthony Blinken formally declared Monday that journalist Evan Gershkevich has been wrongfully detained in Russia. The official classification means the case will be handled

by the State Department, giving the government additional resources to secure his release. That's all the time we've got this morning. Thanks for waking up with us. We'll be back later this afternoon with more news you need to know.