What A Day - Texas Grants Nation's First Court-Sanctioned Abortion

Episode Date: December 8, 2023

A Texas judge ruled Thursday that a woman can terminate her pregnancy because of a lethal abnormality in the fetus. It’s the first attempt in the country to use the courts to obtain an abortion sinc...e the end of Roe v Wade, and Thursday’s ruling is meant to shield the woman and her doctor from Texas’s strict anti-abortion measures. But state Attorney General Ken Paxton warned that it’s still possible his office might prosecute those involved.Then, over 17,000 people are dead in Gaza as the war in the Middle East continues. Meanwhile, a U.S. House Committee questioned university presidents over their responses to reported antisemitic campus protests.And in headlines: Hunter Biden was hit with nine federal counts of tax-related charges, the White House proposed a new policy to strip some patents from drug companies if their prices are too high, and a new space-themed McDonald’s spin-off opens Friday in Illinois.Show Notes:What A Day – YouTube – https://www.youtube.com/@whatadaypodcastFollow us on Instagram – https://www.instagram.com/crookedmedia/For a transcript of this episode, please visit crooked.com/whataday

Transcript
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Starting point is 00:00:01 It's Friday, December 8th. I'm Priyanka Arabindi. And I'm Traevel Anderson, and this is What A Day. And if a Venice gondolier tells you to sit down, then you sit down. Yeah, because if you stand up to take your little selfies, then you will end up in gross canal water, just like the tourists on Sunday who capsized. I mean, the photo wasn't that good. It just couldn't have been. And not even for a good photo. No payoff.
Starting point is 00:00:30 On today's show, the latest in Gaza and how university heads in America were in the hot seat over campus protests. Plus, we hear from you. The WOD Squad weighs in on our story earlier this week about Panera's charged lemonade. I can hardly wait. But first, a judge in Texas has ruled that a 20 week pregnant woman may have an abortion in what is believed to be one of the first attempts in the country to seek a court approved abortion since y'all's little friends on the Supreme Court overturned Roe versus Wade last year. Yeah, I cannot say I have a single friend on that court, but tell us a little bit more about this case and how we got here. Yes. So the pregnant person in
Starting point is 00:01:12 question here is Kate Cox. She's 31 years old, married, lives in the Dallas area, already has two other kids, a three-year-old daughter and a one-year-old son. Both of those pregnancies required c-sections, but Kate and her husband, you know, they wanted to add a third child to the mix. Kate learned that she was pregnant back in August. They were so happy, the couple. And then one day, she got a call from her doctor telling her that her baby-to-be had an increased risk of having trisomy 18, also known as Edwards syndrome. It's a genetic condition that, except in very rare cases, leads to miscarriage, stillbirth, or the death of the child within a year of them being born. Well now, Kate is 20 weeks pregnant.
Starting point is 00:01:58 She has confirmation that her fetus has trisomy 18 and that it cannot sustain life beyond maybe an hour at most a week. The baby would be in hospice care from the moment of birth. Kate described her circumstances in an op-ed for the Dallas Morning News saying, quote,
Starting point is 00:02:17 it isn't a matter of if I will have to say goodbye to her, but when. Yeah, just an awful situation for her to be in. And it seems that this abortion is definitely medically necessary in this case. Yes. Yes, it is. Kate's doctors have also told her that carrying the fetus could also damage Kate's health and her ability to have other children. And when she asked her doctors what other people do in this situation, she was told that some people continue their pregnancies and others don't. But that if she chose to discontinue the pregnancy, she couldn't get an abortion in Texas. That is, of course, because Texas has literally three laws overlapping that ban abortions from fertilization.
Starting point is 00:03:04 And they let private citizens sue anyone who helps a person obtain an abortion. A doctor, for example, can face up to 99 years in prison and a $100,000 fine for performing an abortion under these laws. Which is absurd, but Texas, you know, supposedly has, albeit extremely limited, exceptions for abortions to, for example, save the health and life of a pregnant person. It sounds like this situation would qualify, but what's the deal here? Well, we read books and the other side doesn't, I guess. I'm not sure. But the reason Kate sued the state in the first place is because the language about what constitutes an exception and
Starting point is 00:03:45 what doesn't isn't actually clear. That lack of clarity has many doctors in Texas opting not to do the procedure at all, including Kate's own doctor. She said in that op-ed, quote, I'm trying to do what is best for my baby daughter and myself and my family, but we are suffering because of the laws in Texas. I do not want to continue the pain and suffering that has plagued this pregnancy or continue to put my body or my mental health through the risks of continuing this pregnancy. I do not want my baby to arrive in this world only to watch her suffer. So she sued earlier this week and on Thursday was granted an emergency temporary restraining order by the judge that, in theory, allows her to have an abortion and protect her, her husband and her doctor from any civil or criminal penalties. Here's some of what the judge, Maya Guetta Gamble, said yesterday. The idea that Ms. Cox wants desperately to be a parent
Starting point is 00:04:45 and this law might actually cause her to lose that ability is shocking and would be a genuine miscarriage of justice. So I will be signing the order and it will be processed and sent out today. Someone with a shred of empathy there. Thank you. Now, I say in theory that this order should protect all involved because right after the ruling, Texas Attorney General Ken Paxton, he sent a letter to hospital officials in Houston, that's where Kate's doctor works, saying that the
Starting point is 00:05:25 temporary restraining order, quote, will not insulate you or anyone else. So, you know, there's some mixed messages going on here. I mean, to say the absolute least, geez. Okay, so what happens now? Well, Texas can't directly appeal this judge's order since it is a temporary restraining order, but the state's Supreme Court is already considering a related case brought by abortion advocates. In that case, a district judge ruled that the state's ban on abortions should not apply to people with complicated pregnancies like the one we're discussing here with Kate. That decision was appealed by the state, which is how it got before the state Supreme Court. All of this to say, it's not yet clear
Starting point is 00:06:09 what next looks like for Kate or other pregnant people in Texas, considering this mixed legal messaging coming from those in power. But we will do our best to keep you all posted on what happens next. Definitely. Thank you so much for that update, Trebel. Another story that we are covering today is overseas. Israel's military
Starting point is 00:06:32 continues their ground operation in the Gaza Strip. They have struck major cities in southern Gaza and are directly facing off with Hamas militants in the north. According to the latest figures from the Gaza Health Ministry, over 17,000 Palestinians have been killed since the start of this war. As we have mentioned several times on this show, the Gaza health ministry is controlled by Hamas. That fact has prompted some, including President Biden himself, to call the death tolls that they have reported into question. But earlier this week, reports in both the Associated Press and the French news organization AFP
Starting point is 00:07:08 cited anonymous Israeli officials who say that the military or IDF itself believes that Hamas's estimates are fairly accurate. The death tolls that they reported in previous conflicts have been fairly accurate as well. So in case there is any lingering confusion over how to think about these figures that they report, at this time, we can consider those figures to be, as I said, fairly
Starting point is 00:07:31 accurate. Even Israel is considering them so. Absolutely. Which is also very telling, right, that they are also considering these numbers to be accurate. I know that among the many, many people who have lost their lives in this conflict since October 7th are the people trying to cover it, right? According to the Committee to Protect Journalists, at least 63 journalists and media workers have been killed. That includes 56 Palestinians, four Israelis, and three Lebanese journalists. What more can you tell us about that? It's an incredibly staggering toll, as is the toll from this conflict overall. We got more details yesterday on one of those deaths,
Starting point is 00:08:13 an investigation by the international news agency Reuters, as well as two human rights groups, found that on October 13th, an Israeli tank directly targeted and killed a Reuters video journalist in southern Lebanon. The journalist, Issam Abdullah, along with six others who were injured, was targeted by Israeli tank fire in an attack that appeared to be deliberate. According to videos, satellite images, and interviews with witnesses and experts, these journalists were
Starting point is 00:08:42 filming and broadcasting shelling that was taking place across the border between Israel and Lebanon, but they weren't located near any fighting, nor was there any military objective in the area that they were in. The report concluded, quote, the attack on the journalist's position directly targeted them. And that, of course, is unequivocally a war crime. Israeli authorities have not yet responded to these findings. Reuters editor-in-chief Alessandra Goloni called on them to explain how this could have happened and to hold those responsible to account. But the Committee to Protect Journalists adds
Starting point is 00:09:15 that it has found a pattern over the years of the IDF using lethal force against journalists, and no one has ever been held accountable for it. Now, the world watches this situation, and it remains to be seen that after this report, if this will continue to be the case. Yeah, and I just want to put a point on the impact that this has on our ability, right, as folks not over there attempting to cover what's happening, the killing of journalists who are documenting this. Potentially, it looks like here, based on this reporting, being targeted, right, is not great at all. Well, I mean, it affects all of our ability to even understand what is going on.
Starting point is 00:09:56 Every single person who wants to know should be upset by this happening because this is, I mean, not only is it completely wrong, it affects all of our ability to understand what's going on every single day. Absolutely. So now related to this conflict, I know that there have been some developments here at home as well, namely on Capitol Hill. Can you fill us in on what happened in D.C. this week? Yes. So one of the things that has been stirred in the wake of this conflict is this growing conversation around protest and anti-Semitism on college campuses. Universities have received a lot of criticism over the past couple months for how they have responded, first to the attack by Hamas on October 7th, then to student protests and
Starting point is 00:10:38 anti-Semitic and anti-Arab or Muslim incidents on their campuses. I will take a second here just to caveat that not every protest or demonstration has been a site of anti-Semitic or anti-Arab or Muslim abuses, but many of these kinds of incidents have been documented on campuses. In the past month alone, the Department of Education has launched investigations into at least six schools over alleged anti-Semitism or Islamophobic incidents. None of that is right or okay. And so earlier this week, the presidents of three leading U.S. universities,
Starting point is 00:11:12 Harvard, MIT, and the University of Pennsylvania, all appeared before the House Committee on Education to discuss their schools' respective responses to anti-Semitic incidents on their campuses. Gotcha. And what did they have to say? So throughout their testimonies, all of these university presidents said that they were against anti-Semitism, that they were taking action against it on campus, et cetera.
Starting point is 00:11:33 But the part that many people on both sides of the aisle are taking issue with was their refusal to explicitly respond when asked whether calling for the genocide of Jews was a violation of their school's codes of conduct. Take a listen to this exchange between Republican Representative Elise Stefanik and the University of Pennsylvania's President Elizabeth McGill. At Penn, does calling for the genocide of Jews violate Penn's rules or code of conduct? Yes or no? If the speech turns into conduct it can be harassment yes i am asking specifically
Starting point is 00:12:07 calling for the genocide of jews does that constitute bullying or harassment if the yes or no if the speech becomes conduct it can be harassment yes conduct meaning committing the act of genocide my god today lord have mercy wow. It's a very free, speechy answer. Reporting in the New York Times described it as lawyerly, like you can see how they are trying to answer without explicitly saying yes or no and giving the details here. But they are essentially saying that students' speech is protected until it escalates into action. Harvard's president, Claudine Gay, reiterated that that still applied to speech that she found, quote,
Starting point is 00:12:56 personally abhorrent and at odds with the values of Harvard. But the reality is that many people are not okay with these answers. There are many calls now for these presidents to resign. More donors are pulling their money from these schools. It's become a big problem for a lot of people. Obviously, we will continue to follow updates on the ground out of Gaza and Israel and, of course, the fallout from this war that has been felt around the world. But that is the latest for now. Let's get to some headlines headlines the justice department charged hunter biden late last night on nine tax-related charges including three felony counts a 56-page court filing describes the charges which include allegations that president biden's son failed to pay taxes, did not file,
Starting point is 00:13:46 evaded an assessment, and filed a fraudulent form. It also alleges that Hunter Biden didn't pay at least $1.4 million in self-assessed federal taxes he owed for tax years 2016 through 2019, and that, quote, rather than pay his taxes, the defendant spent millions of dollars on an extravagant lifestyle. Big yikes does not look good when your dad is running for president. No siree. If convicted, the maximum penalty he could face is 17 years in prison. The White House has not released a public comment on the charges yet. What a nightmare.
Starting point is 00:14:21 Hate that for them. Yes. Georgia's Republican lawmakers officially passed new congressional maps yesterday that rip apart the district held by black Democratic Representative Lucy McBath. We told you earlier this week that a federal judge ordered Republicans to create maps that adhere to the Voting Rights Act. The judge said they must create a congressional district with a black majority. But instead of following through in good faith, because why would they? Republicans drew lines that preserved their 9-5 lead in Georgia's congressional delegation and dissolved the district held by McBath. Yesterday, the statehouse approved those maps and they head next to the desk of Republican Governor Brian Kemp, who's expected to sign them today. But the fight isn't over and it could head back to court. Challengers to the maps have until next Tuesday to file formal objections. And McBath told Politico earlier this week that she isn't going anywhere and, quote, I intend to come back to Washington. Yeah, I believe her. She has fought this once before. She is a fighter. And I am
Starting point is 00:15:27 putting a lot of faith into the challengers here. I really hope that they can get it done because we've seen it time and time again from these red states. There's just refusal to comply with what they are told to do with their maps. They've been told that their maps are unfair. And what do they do? They double down on it instead of rectifying any of it. So it would be nice to see a right to some of these wrongs. Yeah. Just once. Absolutely. The Biden administration proposed a new policy yesterday, allowing it to seize patents for medicine developed with government funding if it believes that their prices are too high. The government can then give other companies that license to produce those drugs at a lower cost, ultimately cutting into drug companies' profits and, most importantly,
Starting point is 00:16:10 reducing costs for patients. The government has had the authority to do this for decades, but it has never actually exercised it up until now. However, there has been a lot of chatter about these high-priced, taxpayer-funded drugs for a while and how ethical it really is. You probably heard this coming up with the cost of COVID vaccines. Nearly three in 10 Americans struggle to pay for the drugs that they need, and that is according to a July survey from the Health Policy Research Org Kaiser Family Foundation. This proposal from the Biden administration will be open for public comment for the next 60 days. This is really interesting. I am really curious to see how this plays out.
Starting point is 00:16:46 It obviously plays into a priority that's been there for a long time to reduce the cost of prescription drugs that so many of us rely on. Very curious to see how this will go. Yeah, this sounds like a potential win for the general progressive. Oh, it's a win for the people.
Starting point is 00:17:03 Yes, and for anyone who relies on a prescription drug, I'm sure this is a win. But I have a lot of interest with money that I'm sure it's not a win for. We'll see. Right. The House voted yesterday to censure Democratic Representative Jamal Bowman for pulling a fire alarm in a House office building when there wasn't an emergency. Bowman was caught on tape pulling the alarm in late house office building when there wasn't an emergency. Bowman was caught on tape pulling the alarm in late September during the absolute chaos of voting on the government funding
Starting point is 00:17:31 bill. The building was then evacuated. Bowman said at the time, quote, I was trying to get to a door. I thought the alarm would open the door and I pulled the fire alarm to open the door by accident. And yet Bowman was charged by the D.C. Attorney General and subsequently pleaded guilty to a misdemeanor charge for falsely triggering the alarm. Republican Representative Lisa McClain put forth this resolution to censure Bowman, posting on Axe on Monday that, quote, no one is above the law, congressmen included,
Starting point is 00:18:04 which I think is particularly rich considering. He already pleaded guilty to a misdemeanor. What are you talking about? This is wild. She's annoying. Hate that for us. Anyway, here's Bowman speaking on Tuesday evening with one of our favorite words, Priyanka. It's painfully obvious to myself, my colleagues and the American people that the Republican Party is deeply unserious and unable to legislate. Period. Deeply. Deeply. Oh, yes.
Starting point is 00:18:36 OK. Now, censuring has usually been a rare measure taken by lawmakers, but not this year. Republicans have led efforts to censure two other Democrats since June. More progressive Democrats we should mention because, of course, they're getting on my nerves. If that wasn't clear already. Yeah, but I just got to say, not my love to Jamal Bowman, but like, how are you going to accidentally pull a fire alarm, sir? I get it if it's just an emergency exit and it's like, whatever, you open the door. But like pulling the alarm, like how did it makes no sense it makes no sense he's already pleaded guilty i don't think this is that serious i think this is stupid but it also he's like what are you doing
Starting point is 00:19:14 sir all of his story is stupid every part of it that is my comment on that and finally coming back to the fast food beat that you know and you love and you rely on us for, McDonald's is opening a new space-themed restaurant called Cosmix today in Bolingbrook, Illinois. Book your tickets, folks. That is COSMCS. The spinoff was named after an old extraterrestrial character from the McD's universe that was introduced back in the 80s and 90s and described as, quote, part alien, part surfer, and part robot.
Starting point is 00:19:49 I imagine it has to be seen to be believed. Anyways, according to McDonald's CEO, Chris Kempczynski, Cosmix will be a beverage and breakfast-focused restaurant with new, never-before-seen menu items, including drinks like a s'mores cold brew, a blueberry ginger boost, which sounds dangerously like the Panera Charge lemonade brew, a blueberry ginger boost, which sounds dangerously
Starting point is 00:20:05 like the Panera Charge lemonade, and a turmeric spiced latte. Ooh, getting into the wellness world here. How Erewhon of you. All of which can be customized with energy shots, flavor syrups, or even boba. All right, McDonald's fully going in every which direction. And the idea here is to capitalize on a growing demand for a quote, afternoon beverage pick-me-up occasion, which I guess is marketing speak for a little treat.
Starting point is 00:20:30 So they are basically coming for Starbucks and Dunkin'. Everyone choose your fighter. If all goes well with this month's test launch,
Starting point is 00:20:38 McDonald's hopes to open up 10 more cosmic restaurants in Texas by the end of 2024. How are you feeling about this, Trayvon? What are your thoughts? I'm less interested in the beverages and more interested in what light bite offerings they
Starting point is 00:20:55 will be providing. I mean, McDonald's breakfast is the best thing on their menu. So if it's just a breakfast and beverage concept, I could get behind that. But they've got to make it space space themed a space mcgriddles it's blue i would eat it i love it mcgriddles that is one good sandwich but you don't want it blue it'll turn your mouth a whole different color could be fun i don't know i'm maybe i'm more on board with this than i thought i was originally a hater but maybe i'm not maybe i'm changing my tune who knows and those are the headlines we'll be back after some ads to hear some of your thoughts on another controversial
Starting point is 00:21:35 fast food story from earlier this week we are on this beat we are committed what can we say? Stay tuned. It's Friday WOD Squad, and we are wrapping up today's show with your thoughts on a fast food story we have been covering. We are, of course, talking about the saga of Panera Bread's controversial charged lemonade drink. Earlier this week, we talked about how the restaurant chain has been hit with not one but two lawsuits alleging that their charged lemonade caused two deaths. The drink boasts 390 milligrams of caffeine and 30 teaspoons of sugar in one single cup. So naturally, we were curious if anyone in the Wild Squad has tried the drink and lived to tell the tale. And baby, Priyyanka they answered okay i am terrified to hear it but here we are what did they have to say does the wad squad like this does it taste good tell us everything so apparently it does taste good a few people in our discord
Starting point is 00:22:41 like marina said that they actually really like the Charged Lemonade overall as a substitute for a coffee or an energy drink when they need a little pick-me-up. And then another listener named Ross told us that the selling point of the drink is its sugary taste. They said, quote, it's very easy to drain quickly without thinking and then very easy to refill in the same manner coffee is bitter and hot so it's more of a sipping drink the lemonade though is also coming from a fountain machine okay so there's a pretty built-in muscle memory for how to approach it did we know it was coming from a fountain machine priyanka no listen i love a fountain drink but the point he raises here is that it's very easy to refill. I thought one serving of this thing was the max amount of caffeine you're supposed to have in a single day.
Starting point is 00:23:31 I don't think it's supposed to be easy to refill. Valid point. Valid point. Valid point. Anyways, did anyone see any big warnings at their local Panera when it comes to the sheer amount of caffeine that's in it? I mean, obviously that has been driving the big controversy around this product. What'd they have to say from on the ground? So one of our listeners, Chris, said they were surprised more people didn't know how much caffeine is in it
Starting point is 00:23:54 because at their local Panera, there are warning sounds about the ingredients in the store, it's on the app. This was even before the reported deaths. And one of our moderators, Carsey, said that in light of the lawsuits, quote, there are much bigger signs. And at least at my locations, they have now put the lemonade options behind the counter. Got it. A controlled substance. All right. So, Trayvill, now that the WOD Squad has given us their take, what do you think?
Starting point is 00:24:26 Are you rushing to the nearest Panera to try this? So here's the thing. I happen to love a Panera bread mac and cheese. Okay. I get bacon added to it. It's wonderful. It's delicious. Okay.
Starting point is 00:24:38 I am thinking about getting a charged lemonade to accompany my mac and cheese very soon. Only because, hear me out. Okay. One, I don't drink coffee like that. You know what I mean? Like I really, it's gotta be a very special circumstance for a coffee, but I love a Coca-Cola moment. I love something else
Starting point is 00:25:00 that's gonna just give me a little burst of energy. So you're fine with caffeine? I love a caffeine moment, but perhaps I'll get them to give me a shot of the charged lemonade instead of a whole cup. We've been discussing this. Like this in a shot format could really replace the espresso martini shots
Starting point is 00:25:15 that I feel like everyone's serving up at the weddings. It's like the after party drink. No, I want a shot of this charged lemonade and there I will go sober as a judge. You know? Sober as a judge to enjoy my night. I don't know. Is this a new mocktail?
Starting point is 00:25:28 It might be. We might have helped Panera actually figure out what to do with their charged lemonade. Yeah, Panera, serve it as shots. There you go. Fix your marketing. Fix your PR. Yes, we did. And we always love hearing from you all out there in the WOD Squad. Feel free to continue the conversation over on the Friends of the Pod Discord and tell us your thoughts on how charged you like your lemonade or your thoughts on any other stories we cover on the show. I popped onto the Discord recently. It's a fun place. Just gonna say.
Starting point is 00:26:02 It really is. It really is. One more thing before we go. Over on Offline this week, White House economics reporter Jeff Stein joins Jon Favreau to discuss whether social media is contributing to voter disapproval of Biden's handling of the economy. And if Bidenomics is to blame for the McDonald's
Starting point is 00:26:25 viral $16 meal, I'm actually intrigued by that. So I will be checking that out as well. Listen to the episode out now on the offline feed. And that is all for today. If you like the show, make sure you subscribe, leave a review, drink, charge lemonade responsibly, and tell your friends to listen. And if you are into reading and not just fast food menus with warning labels like me, What A Day is also a nightly newsletter. Check it out and subscribe at crooked.com slash subscribe. I'm Priyanka Arabindi.
Starting point is 00:26:56 I'm Trevelle Anderson. And don't rock the gondola. God forbid. Just take a seated selfie. It's fine. The shot will still be the same I'm pro with selfies Just why you gotta get up?
Starting point is 00:27:08 Do we need to bring back The selfie stick? Oh God no No no no That's a step too far What a day Is a production of Crooked Media
Starting point is 00:27:24 It's recorded and mixed by Bill Lance. Our show's producer, it's Itsy Quintanilla. Raven Yamamoto and Natalie Bettendorf are our associate producers. And our showrunner is Leo Duran. Our theme music is by Colin Gilliard and Kashaka. you

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