Trump and Biden Prepare for Debate

CNN will host the first presidential debate tonight (moderated by Jake Tapper and Dana Bash). How will the debate between President Joe Biden and President Donald Trump affect the 2024 presidential election polls? Also, the U.S. Supreme Court is experiencing Déjà vu. Somehow, a major decision on abortion was erroneously uploaded to the high Court’s website prior to the Justices issuing a ruling – was it a leak (like with the Dobbs decision) or just an accident?

As I’m sure you remember, the Biden Administration had conditional terms for tonight’s debate that President Trump signed off on. Three of the biggest requirements are that no audience will be present, the mics will be muted, and a major mainstream network must host. 

I have two questions: 1) How many people will watch tonight? I don’t imagine that most Americans are even engaged in the electoral process this early in the summer. 2) Will the debates even change anybody’s mind? Who is still unsure about who they’re going to vote for?

The ACLJ is celebrating Life Week this week to commemorate the overturning of Roe v. Wade. We have been involved for decades in the fight for life, and we celebrate the countless lives that have been saved because of the Dobbs decision.

However, two years later, on the same week that Roe was overturned, we have another Supreme Court decision about abortion. And how strange is it that the abortion ruling was again released early? I’m not saying it was intentional, but why is it only abortion rulings that get leaked?

Regardless, the news of the early ruling on the Idaho abortion ban gave the media 24 hours to decide how it wanted to frame the narrative. Of course, the media spun the news as a major win for abortion. But was it?

The ACLJ had filed an amicus brief in this Idaho abortion case, so we have firsthand knowledge of the case. Idaho’s pro-life law provides, “Every person who performs or attempts to perform an abortion . . . commits the crime of criminal abortion.” The law imposes penalties of two to five years imprisonment and license suspension for medical professionals who perform or assist in an abortion. The law includes exceptions for rape, incest, and when the life of the mother is in danger.

As we told you earlier, the Biden DOJ later sued the state of Idaho, claiming that the state’s abortion ban conflicts with a federal law (Emergency Medical Treatment and Active Labor Act) requiring hospitals that receive Medicare funding to administer emergency care to patients regardless of their ability to pay. The law says nothing about abortion, but it does require hospitals to give pregnant mothers care that minimizes risks to “the health of the unborn child.”

After going through multiple courts, the Idaho case eventually ended up at the U.S. Supreme Court. Within the 48-page decision, you find essentially a 3-3-3 split. Some of the Justices wanted to pursue the case further, but the Court overall decided to punt the case back to the 9th Circuit Court of Appeals.

The Court granted the writ of certiorari to hear the case regarding whether Idaho will allow emergency abortions. The Justices then heard the oral arguments and then decided they should not be the ones deciding the merits of the case. So they sent the case back down.

I wouldn’t declare such a move a victory for abortion since the Court merely decided to let the state of Idaho decide the issue. The fight for life belongs in the states – that is what the Dobbs decision determined. We will keep you updated on this case in the days ahead.

The ACLJ also has other ongoing fights for life at the state level and the Supreme Court level. We are about to file a major brief that could decimate Planned Parenthood. To join us at the Supreme Court, sign our petition.

Today’s Sekulow broadcast included a full analysis of tonight’s showdown between Biden and Trump as well as an explanation of the Supreme Court’s ruling in the Idaho abortion ban case. Former Acting Director of National Intelligence Ric Grenell predicted what he thinks will happen tonight during the presidential debate.

Watch the full broadcast below: