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abortion back before the supreme court. >> the nine justices this is here, another case touching on one of the most divisive issues in american life. this time of challenge to a state ban. and the question of what can be done in emergency this situations, a new voice calling for the president of columbia university to resign as pro-palestinian protesters refused to stand down house speaker mike johnson is heading straight to campus today and we're following his visit. >> plus a cnn exclusive new video, casting doubt on the pentagon's account of the horrific attack or cobbles air in 2021. attack that killed 13 us service members at about 170 afghans were following these major developing stories and many more all coming in right here to cnn news central right?

now, the supreme court appears deeply divided over one of the biggest abortion cases since roe v. wade was overturned. today, the justices heard arguments over whether hospitals have have an obligation under federal law to provide abortions to women during non life-threatening medical emergencies, even in states where the procedure is banned. this is stemming from a lawsuit filed by the biden administration against the state of idaho, which has a nir total abortion ban. >> idaho's law does have an exception to save the life of the mother, but it does not allow abortions in a non-life-threatening medical crisis. and a justice department says this violates federal law requiring hospitals to provide emergency care cnn senior supreme court analyst joan biskupic joins us now, joan and eventual decision could impact millions of women, emergency rooms and providers across the united states walk us through what the arguments were. >> and just so you know, the solicitor general elizabeth prelogar said today that at least six other states have abortion bans that are as

restrictive as idaho's. they're are about 22 states that now have much more restrictive laws since the supreme court, back in 2022, completely erased constitutional right to abortion overall, i would say that this conservative dominated court was very skeptical of the government's position that somehow, you could still have abortions being provided in emergency situations in hospitals in these states that say that an abortion can only be allowed if it's necessary to save to save the life of the mother, she would have to be near death. but the government says no, there's so many other situations that would come before that moment that would be life-threatening to her reproductive health to have any kind of failure of vital organs, things that would be would not be put her right at death's door, but would should be handled in an emergency situation. so we did have a little bit of pushback from the conservatives and it, but i want to play first a clip from justice alito talking to the

solicitor general, elizabeth prelogar, that shows the kind of skepticism heavy hand of government interfering mistakes here does the term health in emtala mean just physical health or does it also include? >> mental there can be grave mental health emergencies, but emtala could never require pregnancy termination as the stabilizing care. >> here's why it's because that wouldn't do anything to address the underlying brain chemistry the issue that's causing the mental health emergency in the first place when a woman comes in with some grave mental health emergency, if she happens to be pregnant, it would be incredibly unethical to terminate her pregnancy she might not be in a position to give any informed consent. instead, the way you treat mental health emergency is to address what's happening in the brain if you're having a psychotic episode, you administer anti-psychotics. >> i really want us simple clear cut answer to this question. so they'd going forward, everybody will know what the federal government's position is. does health mean only physical health, or does it also include? mental health

with respect to what qualifies as an emergency medical condition, it can include grave mental health emergencies, but let me be very clear about our position that could never leave to pregnancy termination because that is not the accepted standard of practice to treat any mental health emergency and i just have to say that emtala phrase just for our audience that refers to the emergence since the medical act that's at issue here, the federal government coming in and saying that that should preempt the state law. >> samuel alito dominated a lot of the arguments from the conservative point of view. but there were other justices including elena kagan on the left, who said, look, what's happened in idaho? since this ban was allowed to take effect and the federal government could not insist on emergency care for women with trouble, women have been transferred, have had to be flown out of the state transferred out of the state so their health needs are not being met. the justices are going to have to weigh which side has a stronger argument, but also, they were very

confused about what's actually happening on the ground. so there's a lot of facts to iron out to before they make their decision. >> joan biskupic. thank you so much for the update to underscore the real life implications of abortion legislation. the biden administration argued today that quote, if a pregnant woman goes into an emergency room facing a grave threat to her health but is not facing death. doctors have to delay her care until she deteriorates or they're airlifting her out of the states if she can get the emergency care that she needs. the argument continues that quote, one hospital system in idaho says that right now it's having to transfer pregnant women and medical crises out of the state about once every other week and quote, one doctor also said that some providers have left idaho, that dozens of them have as a result of the law which created a destabilizing effect to health care in the state joining us, all joining us to talk now about all of this is dr. qarrah walter. she's a family medical physician addition. she's a member of the idaho coalition for safe health care. doctor, have you been listening to what

you've heard and i wonder what you think so far yeah. >> i just want to speak to thank you first for having me and i just want to speak to what's happening on the ground in idaho where i practice. we have had disastrous results from this law being allowed to take effect we are no longer able to provide the standard of care to our pregnant patients who come in with pregnancy complications. they're not seeking abortion, they're seeking pregnancy care, but they have health threatening complications and were being forced to sit them the sidelines and watch while they'd become progressively sicker and sicker potentially facing life changing consequences like a stroke or kidney failure, or liver failure while we withhold necessary care. our hands are tied. we feel like we may be facing jail time if we provide that health-saving and lifesaving care and so as you mentioned earlier in the piece,

folks are being pregnant, patients are being flown out of the state to access our standard of care. so it's had disastrous results. we've lost almost a quarter of our ob-gyn providers in the state have left because it's an untenable situation to be in. we cannot practice according to our oath to take care of patients to the best degree possible the doctor the idaho attorney general, spoke out just moments ago rebuking what we heard from us solicitor general about airlifting patients. >> i want you to listen the reality is that our law is very clear. >> it protects doctors. it protects women, it protects unborn children at it ensures that doctors can use a subjective standard if they believe that the life of the mother is in jeopardy, it doesn't have to be imminent. they just believe that the life of the mother is in jeopardy. it allows them to perform an

abortion. and it's really hard for me to conceive of a single instance. where a woman has to be airlifted out of idaho to perform an abortion. in fact, i have talked to dr. in the er the same er rooms that they're talking about and they are telling me that they have no idea what this administrator is talking about dr. what's your response to that i wish that were the case i think are attorney general is not in touch with what's going on on the ground. they have misrepresented the exodus of doctors from our states. i think they don't want to admit what we're facing here. >> the law is incredibly vague believed me if we could provide the standard of care to our pregnant patients, we would be doing it we've been doing it for years according to our training, but the law, the emtala law that we're talking about has removed that protection for us. >> that's the law. was put in place, particularly to protect

patients saying they get access to this care. and idaho is passed a law that says everyone in america gets access to this care. everyone in idaho except if you're pregnant. and so unfortunately it's not true. what mr. labrador says. and we are having to sit idly by and it's unethical to wait. we can't put the patient in that position of waiting until they have extreme health consequences before where they receive their care. so the light flights are going out of idaho. a lot of obj ones are advising their patients to take out life flight insurance if they're planning to become pregnant, which is absolutely unimaginable. and a lot of idaho is a very rural state, were not a wealthy state. so many of our folks who are pregnant can't afford to be flown out of the state. their insurance doesn't cover that. and then they're facing trying to access care in a state without their family in the middle of a pregnancy crisis? a complication unfortunately, the

effects on the ground are not as mr. labrador has represented and i would just encourage folks to talk to the people who are actually providing the care like myself, who are trying to take care of these patients who need our care yeah there are life flights. there are patients who are not receiving care until a very critical point. i mean, it is documented. dr. ken walter are we appreciate your time. thank you. >> thank you so much we're also keeping an eye on arizona because we're learning there that state house lawmakers are expected to push through this repeating he'll of the civil war era abortion law there. >> and this is something that the arizona house tried and failed to do twice already soon as and toss it can has been following the story from phoenix some tosca bring us up to speed on what's happening abortion, brianna, i have republican source telling me that despite the failed attempts today, it is likely fleet to go through. >> so they only meet on wednesdays and the legislation, session just began that for the

day at 10:00 a.m. local time here. so we're tracking what what but what happened last wednesday to failed attempts was to try to bring the bill of the repeal bill to the house floor to bypass procedural hurdles to get it even considered on the full floor. they couldn't get that to happen. but this source tells me that there are the votes air today to overcome that hurdle. and then to actually pass the repeal. now, if they succeed in doing that, that's not the end of the story. it still has to go over to the senate for a couple love readings. >> if they fail to repeal this law, it goes into effect at the earliest june 8, and just to remind our viewers, this law dates back to 18, 64 when arizona was a territory, it bans nearly all abortions except in the case of saving the life of the mother. >> and a provider could be punished for two to five years in prison. >> right now, we're also seeing

can you some developments with republicans who met just before this session this morning to basically allow for late introduction of house resolutions for republicans to come up with their own ballot initiatives for november to counter and a ballot initiative that's already in the works by abortion rights activists trying to enshrine abortion rights in the state's constitution. >> so this is going to play out over the next few months. a huge effect on the november vote she can live for us from phoenix. thank you so much i'm still had this hour on cnn news central. >> we' going ttake you live. but columbia university were protests of essentially shut but down the school's main campus. and house speaker mike johnson is heading there. he's expected to call them the school's president to resign, plus any minute the judge overseeing trump's hush money trial could rule on whether the former president violated a gag order. we are standing by for that. >> and a new federal rule says, airlines must automatically

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response to the demonstrations in today, extended that plan through final exams, we have omar jimenez on the scene. we have meloni's no non capitol hill, o'mara, eu first, what are you seeing today yes. >> so we've seen a number of small protests that have been happening. some of them are most of the small protests outside of campus. but the main one that is continued is the on-campus encampment lead protests that is now in its eighth if day. the students that we've spoken to an organizer's that we've spoken to that have been running that camp say that they want columbia university to divest from corporations. they say are according israel. now, last night we had a very key deadline that the university president minouche shafik said for midnights saying that if the students did not reach an agreement agreement for dismantling these camps by then, they would find alternative ways to clear these in canvas midnight came and went then hours later, a university first the spokesperson said that they actually made some significant

progress with students so much so that they push that deadline back by 48 hours. but one of the interesting portions of the statement that the president made was that last week in the initial stages of last week and the initial stages of the encampment actually happening, there was the president made the decision to send in the new york police department to actually clear out some of these protesters that led to arrest of students, suspensions. there was a decision that was criticized by many faculty and students here for bringing in an hour inside four. so it's unclear if that's what's assumed in the alternative ways of dismantling this encampment of what was said in that initial statement, we will see and then just to talk about the range of protests that we have seen. we have seen some protests very peaceful, very much about solidarity with gaza. we have also seen other protests that have been much more anti somatic in its messaging. a little bit more violent and his messaging, the majority of which have happened off of

campus grounds. but that is not to say that jewish students have not entirely felt safe on campus grounds at some of those demonstrations as many have told us that the very least that is tents at the very least they are on edge with some even saying they do not feel safe on campus as of course, the university has moved to hybrid learning for final exams next week let's go to melanie zanona now on capitol hill, melanie, what's the calculus? >> here for speaker johnson? why colombia and why now well, i think the most obvious reason is that columbia university has become the epicenter for these protests. >> now unfolding at college campuses all across the nation. johnson did say that he is planning to call on the university president to resign during this press conference. and he is going to be flanked by several republican members of the new york delegation. some of those numbers being in some of the most vulnerable districts up for reelection in 2024, johnson did go well on hugh hewitt radio station earlier today to preview his trip. here's what he had to say will be hoping to press

conference there with some of my colleagues from the house republicans, from new york to call on the president of the university to resign. >> it's unconscionable president shafik is and shown to be a very weak and app leader. they, they cannot even guarantee the safety of jewish students. they're expected to run for their lives and stay home from class now the topic of how college campuses are grappling with how to combat anti-semitism has already been the subject of multiple congressional hearings here on capitol hill, but we are expecting to see more of those in the coming week. >> because especially in the wake of these latest protests, and there have also been growing gop calls to restrict federal funding for any schools that they feel don't fight antisemitism enough. so we could see that take the form of legislation again in the days and weeks ahead. but this is also coming out another moment for johnson and that is and he is under fire from his right flank for how he handled those foreign aid bills that pass

through the house. over the weekend. so this could be a moment for johnson to use his platform to use unify his party, win some points on the right. all while highlighting an issue that has been far more complicated for democrats yeah, he definitely needs to win some points there on the right, meloni's known alive for us on capitol hill. >> thank you. and we should note that speaker johnson will be heading from columbia university to cnn, where he's going to speak to erin burnett tonight on this very important day. be sure to watch that it's 7:00 p.m. eastern and coming up the latest from new york, we're judged or sean is currently deciding whether former president trump violated a gag order in his historic hush money trial file and it's an exclusive that you'll only see here new video and covered by cnn challenges the pentagon's account of a horrific attack as the us withdrew from again, as dan riyadh saves me through album is breaking records o me

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don't wait- call today. 877, or visit home serve.com closed captioning brought to you by mesobook.com our firm only represents mesothelioma victims and their families. if you or a loved one has been diagnosed with ms ophelie oma. call us now today, former president donald trump is waiting to find out if he's going to be sanctioned for violating the gag order in his hush money criminal trial hearing, yesterday, prosecutors handed the judge ten social media posts, where they argued that trump violated the gag order. >> and judge merchan appeared unimpressed with the defense's explanations that trump was trying to comply, telling trump lawyer todd blanche quote, you are losing all credibility with the court. >> and even before yesterday's hearing got underway, trump risked violating the gag order by repeatedly attacking key witness michael cohen in an interview he did with cnn affiliate wpvi. it should be

noted that the interview didn't air until the hearing was it's over. we have a clip michael cohen is a convicted liar and he's got no credibility whatsoever. >> he was a lawyer and you rely on your lawyers, but michael cohen was a convicted lie. he was a lawyer for many people, not just me, than he got in trouble because of things outside of what he did for me cnn legal analyst and criminal defense attorney joey jackson joins us now. joey how do you anticipate judge merchan is going to rule on whether trump violated his gag order yeah. bar it's good to be with you and brianna. i the way that i see it is that these are violations and so the question to me is not whether or not any of the several posts, ten and counting of course, with the one we just showed, yes, that was said before and aired after. there's no question to me that they were violations. the critical inquiry is what specific leave the judge is going to do. the trial is just underway and we're at the stage where the judge bars has

to set the tone and tenor for the proceeding and just make no mistake about it. it's not only about the tone and tenor of the proceeding, it's not only about the integrity of our process, it's not only about following rules right? but the issue was whether or not someone could be harmed yes, there's witness intimidation, but there's also people who have pretty strongly held views and are on various sides is we look there at what the judge can do in terms of imposing $1,000 or giving ms trumping but the reality is some got to give. and so what i think the judge is struggling with is what is the appropriate remedy at this point to stop this from happening if it's happening now, you better believe it's going to be likely that a continues to happen. the judge has to stop it in its tracks. >> let's put back up that graphic where it said the possible penalties for contempt here because you can see it says $1,000 or up to 30 days. >> i think we all know which one would be more convincing

the former president trump when it comes to getting him to stay within the lines here and to that point, joey, cnn's john miller has reported that the the secret service court officers and nyc corrections have been quietly discussing what happens if trump ends up being jailed for contempt. >> if he continues to violate the gag order, ucf the scenario without would actually happen. >> i really do i do because let's talk about a few things. number one, if we accept the proposition that no one is above the law, the options we looked at jet just there, right. there's the admonishment, but we also looked at the monetary $1,000 punishment. guess what? wasn't there? it's a civil proceeding wherein there's a half $1,000,000,000 judgment or so against the former president. has that prevented him from doing anything? it hasn't there been an e jean carroll defamation case to i mean, one relating to allegations of sexual assault wherein there is up to $90 million. what is that done? and so it gets us briana to you your question of the other option which is jail now

potentially, you have a maximum of 30 days under the law. does that mean he puts them in? that is the judge at some point for a few hours as you put them in overnight, but it has to be a real possibility and obviously, the secret service and interested parties have to do it in a way with their ready for such a contingency now, there may be other ramifications to that. i think that half the way on the judge, not only of this proceeding, but how might there be a public reaction? we can say that, hey, the judge shouldn't be considering that, but i just think people are so entrenched in their views that the judge has to consider everything in terms of safety and incarceration, though well, to get the president, former president to do what he's supposed to do and what everyone else really does all the time, which is to follow judicial orders. and if not, they're in contempt. i think has to be on the table julia, i want to present a contrasting view of things we spoke to somebody who frequently share our air with michael moore, a criminal defense attorney in georgia, yesterday, and he

argued that he believes trump is doing this deliberately to take the focus off the actual content of the case and to make the focus about his rhetoric and his ongoing fights with michael cohen et cetera. >> i'm curious what you think of that if you think this is a deliberate attempt from trump to distract and if so, whether that might influence the judge to handle it differently. >> yeah. i think michael moore may be onto something and that may be very well the case. now it's very difficult bars briana for us to know. we're not competent to know what someone else's thinking. we can only discern what they're thinking based on inferences, but whether it's politics, whether it's to take the steam off of it that's the reality. there's an order you need to follow it there are consequences if you don't, what that consequence is, we're going to find out when the judge issues a decision joey jackson, always great to get your perspective. >> thanks for being with us. thanks. bars up next, a cnn exclusive. there's new evidence that challenges the pentagon's account of what happened during the us withdrawal from afghanistan.

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the wounded. cnn chief international security correspondent nick paton walsh breaks it all down in this exclusive investigation are you guys in the right so let's go this video, not fully seen in public before, reveals brutal facts long denied by the us military on august 26, 2021, a moment of acute savagery at the end of america's longest war two pentagon investigations insisted all 170 afghans and 13 us military who died here were killed by an isis bomber nobody hit by gunfire. no definitive proof that anyone was ever hit or killed by gunfire. >> but this new video, which begins outside the airports abbey gate entrance, reveals much more shooting after the blast than the pentagon's said combined with new accounts to cnn of marines opening fire and

gunshot injuries and afghan civilians. the challenge is the rigueur unreliability of the two pentagon investigations to declared no afghan civilians was shot dead in the chaotic aftermath. the bomb detonates the footage, then stops and picks up three seconds later i got on a brilliant grew many marines here. >> we're young, some on their first appointment the gunfire starts they ran for cover this long burst is about 17 shots, bringing us a total of 20 we're

telling shots fired and episodes of fire based on two forensic analysis on screen cannot see who is still firing here. >> and we never see marines or anyone fine. firing in this video short, controlled bursts in isolation cs gas canister has exploded in the blast is gas choking this marine and in a moment, the total episodes of gunfire you've heard, we'll start being more than the three the pentagon has said and you're going hear the gunfire continues we leap forward. >> what, 27 seconds as afghans arms raised, run into the

airport it is morgan dark brown one, burst now. >> another in other tv bro they wonder if the taliban, the tb is sciutto and two marines told us they saw the taliban just al-nasser, the blast are looking as shocked as they were multiple marines. we spoke to who were there, said they felt they were under fire, but the pentagon has insisted for two years are known militant gunmen opened fire here they've said the only shots fired here with bursts by us marines count and one from uk troops. once in a big burst from a nearby tower all bursts tinea get down. are you good? so according to their investigations, we must be hearing marines, all the british firing here jump forward nearly two minutes during which there are three bursts. >> and the heading outside to help at least 43 shots in 11 episodes of shooting just short

to four minutes of sporadic fire, most of which the pentagon has said for two years did not have this is how terrifying it was for afghans outside minutes after the blast who was shooting? for the first time, a marine eyewitness has come forward and told cnn the first big burst of gunfire at the start of the gopro video you just saw came from where us marines were standing near the blast site, were using a different voice to hide his identity as he fears reprisals for describing the gunfire it was multiple there's no doubt about that. it wasn't one season twosies. it was a mass volume of gunfire down towards the abbey gate. sniper tower from roughly an area not too far away from where the blast heard gone off. that's where you heard the shooting emanate from. >> would've been around that

area? yes. >> there were us marines, right? >> this was likely emanating from marines on the ground yes. you think they fired into the crowd i couldn't tell you for certain, but they wouldn't have fired into the air, right? no, they would not have fired into the air. >> because you had a specific no warning shots order, right? >> it wasn't a direct order, but it was a common understanding. no warning shots. these are kids. they're young and have only been taught what they've been taught some of these kids have been with a unit for quite literally two, three months prior to deployment we spoke to over ten other marines anonymously about gunfire. some felt they were shot at a couple of even said they saw a gun man. but two other stand-out who we were unable to reach ourselves. both injured, both mitigating some memories were fuzzy but one clear, he heard orders to fire the other, that he opened fire himself i see my platoon sergeant walked past us saying,

get back on that wall and shubi at those mothers so i'm like a word, a gunfight to like go i hear is ringing, flashes going on. >> and then i start here and synapse and i started realizing that's an dude should not me. i just started shooting that we did so what i've afghans themselves, 170 of whom died. the pentagon has insisted all injuries and deaths were from the bomb when its ball bearings. but two years ago, cnn hurts significant evidence from 19 eyewitnesses that afghans were shot and from afghan medical staff, counting dozens of dead from bullets. kyi was sayyed are commodity had doctor at the cabel hospital treating most of the wounded back then, he was afraid to speak openly and his account was dismissed by the pentagon. but now we met him sa, he and his staff had the e expertise to diagnose over 50

dead from gunfire that night? >> 170 peoples were killed. tertiary but they're just watch. we had maybe 145 and by your estimation, about half more than half were killed by gunfire so when you hear the american investigation, say that you're just wrong, you don't know what you're talking about? i wonder. >> i hope one day they asked me or they call me what you saw. like you come here and asked me you came to call linear, asked me about the situation, then never asked me even though we described the video and our findings in great detail to the pentagon, they said they would need to examine any new unseen video before they could assess it. they said their first investigation had ferry looked at allegations of outgoing fire from us and coalition forces

following the blast they said their review released earlier this month focused not on gunfire, but the bomber and events leading up to the blast, but found no new evidence of a complex attack. and uncovered no new assertions of outgoing fire, having no materialistic impact on the original investigation investigators have also so not interviewed any afghans for their reports. the pentagon said, leaving the question of how hungry for the truth are they we have cnn's nick paton walsh joining us from london, or we stunning that they didn't ask those very simple questions of people that you were able to ask questions of their neck, what happens next yeah. indeed, from an afghan doctor who said to me he'd be willing to talk to pentagon investigators had they reached out to remember we are talking about out medical staff and afghanistan backed up a medical reports talking about over 70 dead off that instant from what they said was gunfire, shots. now, that's key also key to this is the

reaction of the families of the 13 us service members who died. they have already at times expressed their dissatisfaction at the official pentagon narrative, and we've also just heard in the last hours on x.com from from republican congressman from florida, mike waltz. he actually said that 2.5 years have passed and now new questions are still emerging about the abbey gate bombing. he says, i was just brief last week on the set i can investigation into the bombing and was told the opposite of this reporting. he's referencing our report there. he says my heart breaks for the 13 gold star members who can't get closure or accountability on this tragedy. and that's ultimately what we're talking about here. that the grieving process palpable at times public amongst those who survived are those who lost people in this afghan as well. hampered by the truth, it seems not quite having been laid bare yet. we do know that the pentagon arm possession of video. it put that out in a freedom information act request. the fact that it's

been viewed by the generals in charge was acknowledged julian congressional briefings. so the pentagon probably know more about this and they made public in terms of video. the ultimate question is, why is that not more transparently being dealt with throughout? but these entire two years or investigations back to excellent reporting from nick paton walsh. nick, thank you so much. stay with cnn. were back in just moments chasing life dr. sanjay gupta listen wherever you get your podcasts, moussa away, routes are packed with delicious ingredients in a pillar, we lavage wrap families so refreshing lunch that taster murphy for pro athletes like me, right i finish by one, wrap it one 50% up in a subway have today if you've been paying attention, it's easy to see prices are going up on just about everything. >> that's why you need to do

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