Hey, everybody. Good morning again, and welcome to Way Too Early, the show that knows some of the fire crews here in california that could use a lot of that East Coast rain. Im Jacob Soboroff on this thursday, september 2nd. Were going to start right now with the news. The reinformants of Hurricane Ida is hitting the northeast with Flash Flood warnings and tornadoes hitting New York, New Jersey, and philadelphia. The gronks declared states of emergency, calling on residents to stay inside. Fire and rescue crews across the region have responded to numerous Water Rescues and evacuations because of the high Water Levels. There have been at least five weatherrelated fatalities, four in new York City and one in passaic, New Jersey. The national weather advisory cle Claired AFlash Flood emergencying for New Jersey, first ever last night. It shattered a Record Set just last week. This is video of water rushed into an apartment on east 22nd street in manhattan. Most Subway Lines were suspended Last Night Due to Heavy Rain and flooding. A number of Funnel Clouds and tornadoes have been reported all across the region. I want to go right now to Meteorologist Bill karins for the forecast. Bill, i would say its unbelievable, but were seeing it with our own eyes. It was absolutely incredible. Theres still damage being done now. Theres still water flowing into streams, which then flow into rivers. Weve got some rivers that have already broken alltime record, a long period of record. 1999 when Hurricane Floyd came through the region, it was kind of the flood of record, and a lot of these Water Levels challenge that. Some cases beat it. Some cases were just underneath it. Not something you see often. This is fourth avenue. I used to catch the subway when i lived in Park Slope here. I saw flooding before, but never like this. This is the road that the new York City marathon goes down, when youre watching it go through brooklyn. Its a low spot. All of the water from uphill slides down. Thats pretty incredible. The Subway R Line goes underneath that. An incredible amount of water in a short, short period of time. On top of all this, the tornados that we saw were just you know, for New Jersey, annapolis Got Hit by a tornado, an area outside of philadelphia had what we call a Wedge Tornado, something you would typically see in the midwest or southeast. This went through annapolis. This was one of the first big weather events yesterday. There was a dam that burst. The town of whitmore is flooded. This Wedge Tornado went through around 5 00 or 6 00, right before sunset. That in itself would be a huge headline breaking story all by itself. Let me just show you some of the statistics here. Newark with this storm had 8. 44 inches of rain. Central park had over 7 inches of rain. It wasnt like it was an isolated i mean New York had over 6 inches of rain. This was widespread from pennsylvania through New Jersey and New York and into connecticut and its still raining in areas in Boston And Cape cod. In one hour, newark had 3. 24. That was the most ever recorded in a single hour. New York City, which has a period of record that goes back about 170 years had 3. 15. Both was the most it had ever seen in one single hour. As far as six hour totals. Newark was 7. 88. New york was 6. 63. This was a onein500year rainfall event. Going into every year, the odds of this occurring, the odds of this occurring was 0. 2. Its crazy. I was out around my town until 1 00 a. M. Last night. Fire was rescuing people. So widespread, the Devastation And Destruction out there. Weve only begun to see a little of it. I was going to ask you, bill. What was it like . What was it like to experience this . So often you talk about this stuff, but you found yourself in the middle of it last night. I sat in my house for three hours, no Tv On, just listening to the Rain Pelting the flashing of the lightning. The intensity of the rain in that three or fourhour period was nothing like i had ever seen before. The worst storm lasts 15, 30 minutes. This would not stop. So many people have damage to homes, basements flooded, thousands and thousands of cars flooded out on highways or in low spots. This is what happens when you have a Flash Flood emergency for 9 Million people. Typically it happens for a small town in the mountains somewhere. This has never never anything like this has happened before. Very, very scary stuff. Bill karins, im glad youre all right. Were going to get updates on Morning Joe as well. But meanwhile President Biden will travel to New Orleans to survey damage caused by Hurricane Ida there. The White House says the president will meet with state and local leaders of hardhit areas to discuss Recovery Efforts. No details about the schedule have been released yet. At least six people have died due to the storm, and officials say that number is likely to rise. Turning to afghanistan now, where a senior State Department Official says the majority of special Immigrant Visa Applicants are still in the country. In a briefing with reporters yesterday, the official said in part, quote, everybody is haunted by the choices weve had to make, and there whir some painful tradeoffs. Afghanistan citizens are receiving few details about Evacuation Plans even as the State Department continues its efforts. Some afghans were told on tuesday, in part, quote, our commitment to the people in afghanistan is enduring. We will use every diplomatic, economic, political, and Assistance Tool at our disposal to make sure the taliban honors our commitment to uphold the basic rights of all afghans and support continues human Tear Yant Access to the country. General Mark Milley says he shares the Pain And Anger and mixed emotions in the military after the u. S. Completed its withdrawal from afghanistan. Youre asking where my Pain And Anger comes from. I have all of those same emotions and im sure the secretary does and never whos served. Ive commanded troops. I wasnt born a fourstar general. Ive walked through and been shot at. I visited the wounded up in walter reed. This is stuff stuff. War is hard. Its vicious. Its brutal. Its unforgiving. And, yes, we all have Pain And Anger, and when we see what has unfolded in the last 20 years and last 20 days, that creates Pain And Anger, and mine comes from 240 of my soldiers killed in iraq and afghanistan. Yeah, ive had that. But im a professional soldier. Im going to contain my Pain And Anger and continue to execute my mission. Chairman of the joint chiefs, general Mark Milley. Mitch mcconnell on a call to impeach President Biden. Well, look. [ indiscernible ] in this country, the Report Card you get is every two years, so i think the way these behaviors get adjusted in this country is through last week a handful of republicans including senators Lindsey Graham and Josh Hawley called for President Biden to be impeached over his handling of the situation in afghanistan, this despite many republicans supporting the Troop Withdrawal when it was initially agreed upon by former president trump. Joining us now, congressional reporter for politico, nicholas wu. Nicholas, good morning. Thanks for getting up and being with us this morning. What does this flipflop say . They said something during the election and now theyre saying something differently regarding the republican party. This is really about the partisanship in congress were seeing. Its worth mentioning that what a lot of republican members of congress are trying to parse out is the difference between supporting a withdrawal from afghanistan, which many support and some still do, and some saying they criticize President Bidens handling of the withdrawal from afghanistan, which they see as this botched thing, perhaps worthy of impeachment. At the same time, you do have this very hawkish part of the republican party which would, perhaps, prefer a longer Military Presence in afghanistan, and were seeing some of these divisions play out right now among republicans as they move forward with the afghanistan withdrawal and how exactly they try to use this to their advantage against a sitting president. You know, generally the Minority Party will make gains during the midterm elections, but with this internal strife, how you do think its going to impact the midterms and maybe the 2024 president ial election . Right. Were certainly seeing some of these divisions play out now among republicans as they grapple with it. They talk about impeaching the president. We saw mcconnell talking about the political reality of having a democratic house and narrowly democratic senate, but, you know, if things do clip, there is very much a possibility that this these calls for impeachment could become louder among republicans. As republicans gear up for midterm elections, although they may not campaign specifically on afghanistan, republicans really see this withdrawal from afghanistan as further evidence of the case theyre trying to build against biden, and that being that hes not up to the challenge, that hes, you know, not a good manager, which has been the biden Administrations Message all along. They were trying to say they were turning the page from the Trump Administration, but they were, in fact, competent managers. Well see how this plays out. Theres still a lot of time between the midterm elections, but were seeing all of this ramping up. Nicholas wu with politico. We appreciate you waking up with us early. Thanks a lot. Still ahead, a growing concern of Pediatric Covid cases across the country. Plus, what is next in the legal fight over the controversial Abortion Law out of texas. Those stories and so much more when we come right back. Come ri. If youre 55 and up, tmobile has plans built just for you whether you need a single line or lines for Family Members, youll get great value on americas most reliable 5g network. Like 2 lines of unlimited for just 27. 50 a line. Thats our everyday price. Plus, our plans always come with unlimited talk, text and data included. So, switch to tmobile and get 2 lines of unlimited for only 27. 50 a line. Thats half the price of verizon or at t. Only at tmobile. The leader in 5g. Did you know that your clothes can actually attract Pet Hair . With Bounce Pet Hair lint guard, your clothes can repel Pet Hair. Look how the shirt on the left attracts Pet Hair like a Magnet Pet Hair is no match for bounce. With bounce, you can love your pets, and Lint Roll less. Sales are down from last quarter but we are hoping things will pick up by q3. Yeah. Uh. Doug . Sorry about that. Umm. What. Its. Um. You alright . [sigh] [ding] never settle with power E Trade. It has powerful, easytouse tools to help you find opportunities, 24 7 support when you need answers plus some of the lowest options and Futures Contract prices around. Dont get mad. Get E Trade and start trading today. The live better U Program basically just provides the answer to the question what if . With live better u, my What Ifs were erased. Another day, another chance. Make the most of it with the network that can deliver Gig Speeds to the most businesses. And get the advanced Cybersecurity Solutions you need with Comcast Business Securityedge. Ask how to get Comcast Business Securityedge to help protect all your connected devices. And get started with a great offer on fast and reliable Internet And Voice for just 64. 99 a month. Plus, ask how to get a prepaid card up to 500. Call or Go Online today to learn more. Comcast business. Powering possibilities. Hey, everybody, welcome back to Way Too Early. According to an Nbc News count, 17 states along with washington, d. C. , and puerto rico, Have Mask Mandates for the vaccinated and unvaccinated in place right now. Another six states Have Mask Mandates for unvaccinated. Six more states than there were at The End of july. And health officials across the country are dealing with the growing concern of Pediatric Covid cases. Children who are not yet eligible for vaccination are now at a higher risk of being infected than at any other point during the pandemic. The concern is especially high in areas with low vaccination rates like louisiana. At Childrens Hospital in New Orleans, the intensive Care Unit has been absolutely packed with covid19 patients. According to staff, parents and Family Members who were unvaccinated and not wearing masks. One nurse tells Nbc News, Anger Wells up inside me. Its hard on the lungs. Your child is very sick. Well do everything we can to get him better. In central texas, the district is closing all of its schools until after Labor Day following the deaths of two Junior High Teachers in the same week due to covid complications. Another closed its five suburban waco schools after the covid death of 41yearold natalia chancellor, a Sixth Grade social Studies Teacher. Her death came days after david mccormick, a 59yearold social Studies Teacher also died of covid19. He last worked august 19th. Its unclear whether either teacher was vaccinated. Its not mandated the students or teachers wear masks. Meanwhile an outbreak occurred at a church event. They were not required to be tested, vaccinated, or wear masks. The conference held in june led to 180 confirmed and probable cases across three different states identified by contact tracers. The cdc warned that the 180 cases are likely to be an underestimate actually because it did not have access to camp rosters. Not all people participated in Contact Tracing either. No deaths have been reported from the outbreak, but five people were hospitalized. Still ahead this morning on Way Too Early, the Vice President of one major League Team resigns over Coronavirus Vaccine mandates. Sports is next. Well be back in a Moment Right here on msnbc. Moment right here on msnbc. It was just a lot of fun. Just to talk to my parents about it and to send it to my grandparents and be like, hey this person were all related to look at this crazy stuff they did in arizona 100 years ago. It actually gives you a picture of their life, so you get to feel like youre walking the same path they did. When you have nausea, youre walking the same path they did. Heartburn, ingestion, upset stomach. Diarrheaaaa. Pepto bismol coats your stomach with fast and soothing relief. And try new drug free pepto herbal blends. Made from 100 natural ginger and peppermint. Hi, my name is cherrie. Im 76 and i live on the oregon coast. My husband, sam, weve been married 53 years. We love to walk on the beach. I have two daughters and then two granddaughters. I noticed that memories were not there like they were when i was much younger. Since taking prevagen, my memory has gotten better and its like the Puzzle Pieces have all been [click] put together. Prevagen. Healthier brain. Better life. This is tmobile, americas leading 5g network. This is Apple Tv . And now only tmobile gives new and existing customers one year of Apple Tv on us. Thats a year of apple originals like Ted Lasso and the morning show. So more people can watch them all in more places with 5g on the largest 5g network. Apple Tv On us and americas leading 5g network. Only at tmobile. Look at you getting back to normal. Or at least your 2021 version of what normal should be. And no matter what that is, walgreens is here to help you do it your way. With delivery in as little as one hour. Because now. Things come to you. Same Day Vaccination appointments. Because youre ready. And Walgreens Cash rewards you can donate back to your community. The new normal . Have to admit, it does have its upside. Walgreens. Energy is everywhere. Even in a little seedling. Which, when turned into fuel, can help power a plane. At chevrons el segundo refinery, were looking to turn plantbased oil into renewable gasoline, Jet And Diesel fuels. Our planet offers countless sources of energy. But its only human to find the ones that could power a better future. They take the lead. Exactly 8. 4 miles from where im sitting at 1000 vin scully drive, they cap the dodgers tworun Rally And Sweep the braves with last nights 43 win compared to the giants and dodgers. Shohei ohtani was fanned three times as part of the seasonhigh 15 strikeouts over seven different innings. Cole earns a victory. He helps New York gain a win with a 41 lid over l. A. Or anaheim as the dodgers say. In st. Petersburg, florida, the Red Sox outlasted the rays, surviving a Coronavirus Outbreak in the clubhouse. Munoz is now the 19th Team Member to test positive. Washington nationals Vice PresidentBob Boone is going to resign instead of complying with the Teams Vaccine Mandate for all of the nonuniformed employees. They informed them of the policy last month saying they have two weeks to provide proof of at least one shot. Unvaccinated employees are now on Unpaided A member Straightive Leave and they have until September 13th to comply or have their contracts terminated. Meanwhile the knicks, mets, and warriors are going to have to be vaccinated in order to play. They would have to sit out under local Covid Restrictions as both new York City and San Francisco have set rules requiring proof of vaccination in order to enter indoor venues. That requirement will not apply to visiting players. Remnants of Hurricane Ida as we talked about earlier drenching new York City affecting play in flushing at the u. S. Open. A match was suspended two times before eventually being moved as flooding on the court at Louis Armstrong Stadium which also hosted a meet with the women. Meanwhile under the arthur ash stadium, Sloane Stephens needed just over one hour to complete a straight Set Victory against number 21, coco gauff. And the day turned into a Practice Round for defending Chap Naomi osaka who advances to the third round after her opponent withdrew ahead of the match due to illness. Still ahead on Way Too Early, some Trump Organization employees are set to testify before a manhattan Jury Today as prosecutors continue their investigation into former president trumps business affairs. The latest on those legal proceedings. But before we go to break, we always want to know what youre doing awake. Email your answers to waytooearly msnbc. Com or tweet me jacobsoboroff. I cant wait to read some of those answers. Well be right back. Ad some of those answers. Well be right back. Ever notice how stiff clothes can feel rough on your skin . For softer clothes that are gentle on your skin, try downy free gentle downy will soften your clothes without dyes or perfumes. The towel washed with downy is softer, and gentler on your skin. Try downy free gentle. vo unconventional thinking means we see things differently, so you can focus on what matters most. Thats how weve become the leader in 5g. 1 in customer satisfaction. And a partner who includes 5g in every plan, so you get it all. man Go On, girl, Go On and get help thats it, girl [heartwarming music] man ah burke smart dog. With farmers crashassist, our Signal App can tell when youve been in a crash and can send help, if you want it. Its new and one of many Farmers Policy perks. Also, our Signal App could save you up to fifteen percent on your auto insurance. man thats really something burke get a whole lot of something with Farmers Policy perks. [dog barks] both good girl we are farmers. Bumpadum, bumbumbumbum most Bladder Leak pads were similar. Until always discreet invented a pad that protects differently. With two rapiddry layers. For strong protection, thats always discreet. Question your protection. Try always discreet. Every single day, were all getting a little bit better. Were better cooks. Better neighbors. Hi. Ive got this until you get back. Better parents. And better friends. No no thats why comcast works around the clock constantly improving americas largest gigspeed broadband network. And just doubled the capacity here. How do things look on your end . Perfect because were building a better network every single day. Baaam. Internet that doesnt Miss A beat. Thats cute, but my internet streams to my ride. Adorable, but does yours Block Malware . Nope. It crushes it. Pshh, mines so fast, No One can catch me. Thats because you all have the same internet. Xfinity xfi. So powerful, it keeps oneupping itself. Can your internet do that . Whats up, everybody. Welcome back to Way Too Early. Its 5 30 in the morning on the East Coast, 2 30 on the west. Im Jacob Soboroff. The Trump Organizations director of security, Matthew Calamari Jr. Is expected to testify before a Manhattan Jury as soon as this week into the financials of the Trump Organization. That is according to the Wall Street Journal and confirmed to Nbc News by two people familiar with the matter. His father, malkt you senior, is the Trump Organizations chief operating officer. The journal is also reporting that another is expected to go before the Grand Jury again this week, according to people familiar with the matter. The paper writes mr. Mcconney, prepared the personal Tax Returns of Matthew Calamari Sr. Now to the September 18th rally that may sound unfamiliar, but three people familiar with the intelligence tell the Associated Press the proud boys, oath keepers, and other far right extremist groups plan to attend another rally in support of hundreds of people charged in connection with the January 6th insurrection. It involves reconstructing the fence around the capitol. The decision will likely be considered by the Capitol Police board. U. S. Capitol police told Nbc News that are, close, closely monitoring September 18th, and we are planning accordingly. That statement comes after the d. C. Police department announced last month, theyll activate its entire force for the rally. Joining us now, reporter for the Washington Post, eugene scott. Eugene, really great to see you. Really appreciate you waking up with me Way Too Early this morning. I want to ask you about the rally on the 18th . Is the idea we can see a repeat of what happened on january fth, or is that taking things too far . Its certainly possible, and thats most peoples greatest fear. Were seeing the metropolitan Police Department becoming more vocal and telling us theyll be better prepared for this rally better than the Jan 6th insurrection. Theyre going to make it clear that what could happen actually could end up being comparable to what happened on January 6th if there arent decisions made from republican lawmakers to communicate very clearly to these protesters that what they need to do is be peaceful protesters instead of repeat the behavior that we saw that led to so much violence earlier in the earlier part of 2020. And thats, i guess, anything but a sure thing, given how January 6th went down. You mentioned the Trump Organization has employees set to testify in front of the Manhattan District attorney. What do you think is going to come from this . What people will hope is more transparency about this organization that some have criticized the media for not investigating more thoroughly prior to the former president s original campaign. But what we will see or what we are seeing already is issues with the integrity and the legality of the actions of the employees go beyond the most senior officers and seem to have affected many or included many individuals in the lower ranks of employment there, and we should expect this to continue as we move forward. I think one of the things im most interested in is what impact could this have on the former president if he in fact decides to run again for president in the future. Eugene, because i have you, i wanted to ask you about trumps view of the Covid Vaccine because i know that is the focus of your latest reporting. Tell us a little bit about that. Well, as you know, the last time the former president spoke at a rally, he encouraged vaccinations among his supporters, and he was booed mightily and perhaps surprisingly. He said yesterday on a Talk Radio Show we reported to the Washington Post, he believes the vaccines are working, that they save lives, and he knows people very close to him who have died because they were not vaccinated. So hes going to continue to push vaccinations, especially considering how many of those who support him are not vaccinated and have no plans to be, according to recent polling. The Washington Post eugene scott. Eugene, its really great to see you, and thanks for getting up so early. I appreciate it. Still ahead, driving goes digital. The way americans can carry state i. D. Way too early is back in a Moment Right here on msnbc. vo unconventional thinking means we see things differently, so you can focus on what matters most. Thats how weve become the leader in 5g. 1 in customer satisfaction. And a partner who includes 5g in every plan, so you get it all. Age is just a number. And mines unlisted. Try boost® High Protein with 20 grams of protein for muscle health. Versus 16 grams in ensure High Protein. Boost® High Protein also has key nutrients for immune support. Boost® High Protein. Boost® High Protein also has key nutrients i dont just play someone brainy on tv im an actual neuroscientist. And i love the science behind Neuriva Plus. Unlike ordinary memory supplements, Neuriva Plus fuels six key indicators of Brain Performance. More Brain Performance . Yes, please neuriva. Think bigger. My plaque psoriasis. The itching. The burning. The stinging. My skin was no longer mine. My psoriatic arthritis, made my joints stiff, swollen. Painful. Emerge tremfyant™. With tremfya®, adults with moderate to severe plaque psoriasis. Can uncover clearer skin and improve symptoms at 16 weeks. Tremfya® is the only medication of its kind also approved for adults with active psoriatic arthritis. Serious allergic reactions may occur. Tremfya® may increase your risk of infections and lower your ability to fight them. Tell your doctor if you have an infection or symptoms or if you had a Vaccine Or Plan to. Tremfya®. Emerge tremfyant™. Janssen can help you explore Cost Support options. vo unconventional thinking means we see things differently, so you can focus on what matters most. Thats how weve become the leader in 5g. 1 in customer satisfaction. And a partner who includes 5g in every plan, so you get it all. Did you know diarrhea is often caused by bad bacteria in food . Try pepto® diarrhea. Its concentrated formula coats and kills bacteria to relieve diarrhea. See, pepto® diarrhea gets to the source, killing the bad bacteria. So, make sure to have pepto® diarrhea on hand. Time now for something totally different, Ladies And Gentlemen meant. Several movies and pictures have been delayed due to covid. Paramount says two movies will air next year. Top gun maverick, Mission Impossible 7 releases are delayed. This is as the countrys covid cases remain steady. Its had a significant impact on Consumer Confidence of returning to the movies, according to a study conducted by the national research group. Apple has announced that the Iphone And Apple watch users in eight different states will be able to keep a digital version of their Drivers License or state i. D. Documents on their devices. Arizona and georgia are going to be the first states to test out the new features followed by connecticut, iowa, kentucky, maryland, oklahoma, and utah. Apple said the information will be encrypted for protection and for privacy. The tsa is going to accept the digital i. D. S at checkpoints at certain participating airports. Elton john is staying at home to create new music. And now hes releasing an entire new album. Its called the Lockdown Selections and it features 15 selections. The artists recorded tracks remotely from one and another sometimes in person with safety precautions in place. And in an announcement on instagram, Elton John writes, quote, i have ended with really interesting and diverse stuff that was completely different from what im known for, something thats taken me out of my come Forlt Zone into completely new territory. It will be released october 22nd. And it is Migration Season for southern Great White whales and those in argentine ya and patagonia are getting up close and personal. New Drone Footage shows a curious whale gently pushing a woman on a Paddle Board off the coast. Every year they arrive near the city shores to mate or have their calves. More than 1,600 have come this year so far. Still ahead, much more serious news. The Supreme Court is allowing the state of texas to support a near total ban on abortion. What that means for the future of Roe Versus Wade. And as we go to break, a look at this date in history. 16 years ago, a national Guard Convoy packed with food, water, and medicine rolled into New Orleans four days after hurricane katrina. Why werent more National Guard troops sent in sooner to provide and and security . 32 of the u. S. Troops are cents from the National Guard. 3,700 incleaning these from louisiana. Why are they halfway around the world when they could be here. Around the world when they could be here doug . [ding] never settle with power E Trade. It has easytouse tools and some of the lowest prices. Dont get mad. Get E Trade and start trading today. Now with the Samsung Galaxy Z fold 3 on Verizon 5g ultra wideband, theres no more fear of missing out. Or as i like to say. crowd no Mo FoMo Download a movie in seconds, while acting in a movie. Hyah while also writing a movie. Game on the Go On the fastest 5g in the world. Hes cheating Crowd Gasps whispers i gotta go Vo 5g ultra wideband, available in many major cities. Switch to verizon and get up to 1,000 off. hasan no Mo FoMo Forever when you really need to sleep you reach for the really good stuff. New Zzzquil Ultra helps you sleep better and longer when you need it most. Its non habit forming and powered by the makers of nyquil. New Zzzquil Ultra. When you really really need to sleep. And there you have it woah. Wireless on the most reliable network nationwide. Wow big deal . We get unlimited for just 30 bucks. Sweet, but mine has 5g included. Relax people, my wireless is crushing it. Thats because you all have Xfinity Mobile with your internet. Its wireless so good, it keeps one upping itself. Switch to Xfinity Mobile and save hundreds on your wireless bill. Plus, save up to 400 when you purchase a new Samsung Phone or upgrade your existing phone. Learn more at your local xfinity store today. Overnight the Supreme Court blocked a measure. The vote was 54 with chief justice John Roberts Dee dissenting alongside three liberal judges. The conservative judges arguing they have essentially not made their case yet, adding that the ruling once made on the constitutionality of the law and does not limit the challenges to it. Nbc News CorrespondentCatie Beck has more on what it means for women in texas. Reporter outrage in texas. Its going to be nearly impossible for folks to access the care that they need. Reporter protests over what is now the most restrictive Abortion Law in the country, going into effect after the u. S. Supreme court did not act on Opponents Request to block it. A bill that im about to sign that ensures that the life of every unborn child could have the heartbeat could be saved from the ravages of abortion. Reporter passed by the legislature in may it forbids abortions in texas after cardiac activity is detected, typically around six weeks, before many women know theyre pregnant. It allows individuals to take legal action, pursuing anyone who helps to get a person an abortion. Relatives, even Taxi Drivers can face fines of up to 10,000. Amy hagstrom miller. They dont hear the stories, why they need safe access to abortion today. Reporter they call the new law incredible progress, clearing the way for similar restrictions. What we hope is in the future abortion limits, Consensus On Abortion will be allowed to make their way into the law. That was nbcs Catie Beck reporting. Joining us now, an msnbc legal analyst, joyce vance. Joyce, thanks so much for being here. Thanks for getting up early to talk to us, exactly the person i wanted to talk to about this. Tell me i have this right, joyce. An injunction is basically frequently denied based on the belief that the plaintiffs arguments will not be based on the merits of the case. What do we do . How do we read sort of the Tea Leaves on the future of abortion as a constitutional Right Given Whats gone down over the course of the last couple of days . Well, the top headline top Line Headline has to be that Roe Versus Wade has come to The End of its life, whether the court says it here or next year in the Mississippi Case. That conclusion seems to be foregone. And this is an unusual ruling by the Supreme Court. They almost seem to say in twhopage unsigned opinion by the majority that because the Texas Law is procedurally so complex and because it relies on private individuals for enforcement that the court lacks the ability in essence to enjoin the law from going into effect. Very unusual and in many ways a disappointing opinion. I saw your tweet. I think it was last night. You said Rowe Isnt just dead in texas, that women and conservative states are right not to feel safe because states like alabama heres what you said will jump on the texas bandwagon. Can you talk more about what you mean by that . Texas is now a roadmap. Any state where the legislature chooses to adopt a statute thats modeled on the Texas Statute now can live with the certainty that the Supreme Court, a majority of that court, will permit the law to go into effect. Its important to note that these are heartbeat statutes. They prohibit abortion after a heartbeat, roughly six weeks, a point at which moment women arent even aware that theyre pregnant. So this would intend to completely devalue the prospect that women have control of their own bodies. They say, we havent reversed rowe. We havent considered the substance of the issue. Theyve permitted it to go through with their imprimatur on it. That gives the ability of other states to do the same. You have physicians in clinics in texas sort of rushing to get these procedures done at the last minute. Many illegally. But hearing whats going on on the ground, i wonder what your reaction is. Im old enough that i remember when roe became the law in this country. It seemed like a genuine advancement for Women In America that couldnt be undone. It opened up freedoms and a sense that women no longer needed someone elses approval for their conduct and they controlled their own fates and their own bodies. This action really signifies a remarkable backward step that i think people feared but didnt believe would actually happen. Ultimately it means that elections have consequences and women will have to go through that same fight that people in my generation and the generation ahead of mine went if they want to reclaim a place of equality in society. Joyce, there are this is why i wanted to speak to you today. There are many, many devastated people out there who are wondering legally what is next, what is going to happen, and theyre turned to you to ask that question online. Ive seen people ask. Let me pose it to you on air. Where do we go from here . What happens next . Well, legally the next thing that will happen is the Mississippi Case thats pending in front of the Supreme Court next term, which gives the court the option ifoption, if It Choo completely overrule roe. Some folks believe the court will do that. Other folks believe that the court will strip and gut roe without formally resersing it. Ultimately the answer here is that people who wish to engage in activism on behalf of women and their ability to make their own choices will have to try to turn to legislature. So if theres any Silver Lining here, and its tough to see it right now, its the fact that this may lead to more activism, more people engaing civically and understanding that courts are consequences of elections. Thanks for getting up so early. Appreciate you being here. Ill talk to you soon. For all of you watching earlier we asked what are you doing awake, probably you wanted today see joyce vance. But some other folks told us this. Suze writes kicking off the Work Day early so i can start the weekend early. It is thursday. Christy shared this photo, this one woke me at 4 00 a. M. , he sleeps now but i am wide awake. Bridgett tweeted this, its my 50th birthday and im too excited to sleep. Happy birthday. Allen emails, checking if the Sump Pump is still kicking on every ten seconds like it was all day yesterday. Hope everybodys basements are doing okay. Burt writes this, raining hard in Maine But Leonard never misses an episode of Way Too Early. Coming up, a look at the axios one big thing. And on Morning Joe, before joining the biden administration, Cedric Richmond represented louisiana in congress. Well talk about Recovery Efforts from Hurricane Ida and so much more. And also, Veteran Max Rose joins the conversation. Morning joe is just moments away. Nversation Morning Joe is just moments away vo unconventional thinking means we see things differently, so you can focus on what matters most. Thats how weve become the leader in 5g. 1 in customer satisfaction. And a partner who includes 5g in every plan, so you get it all. This is how you become the best youre the best by Joe Esposito [triumphantly yells] [ding] dont get mad. Get E Trade. Woo you are busy. Working, parenting, problem solving. At new Chapter Vitamins weve been busy too. Innovating, sourcing organic ingredients, testing them and fermenting. Fermenting . Yeah like kombucha or yogurt. And we formulate everything so your body can really truly absorb the natural goodness. Thats what we do, so you can do you. New chapter wellness, well done. This is tmobile, americas leading 5g network. This is Apple Tv . And now only tmobile gives new and existing customers one year of Apple Tv on us. Only at tmobile. It is 2 54 53 in los angeles. Just before Morning Joe. Well get to Axios A. M. Editor in chief, nick johnson. Good to see you. Whats the axios one big thing for this morning . Missing migrants. The biden administration has lost track of Thousands Unaccompanied children who came to the border earlier. This is from a request for documents my colleague got. Detailing about the check in call the government is supposed to do after the children are arriving, processed by the government and given to guardians, sponsors or Family Members. Within months after those transitions the government is supposed to call and check in on them. We found of the 15,000 unaccompanied minors, 5,000 cant be located. Speaks to the problem that still continues on the border as far as dealed with the unaccompanied processing them, trying to figure out where theyre taking care of. This is a problem with the Trump Administration, where about 1,500 children were lost to this process. Now were up to three times that. And over the summer, numbers crossing the border reached all time highs again, this data goes only up through the summer so this could persist into the fall. A worry is sometimes these children have been handed over to labor traffickers, this is a dangerous situation. Its rare but very much on the radar of members of congress, who are pressing the biden administration to learn more about whats happening to the children, why theyre falling out of the system, why were not able to reach them. And a growing concern, these children crossing the border growing, this is expected to increase into the fall while the biden administration keeps track on handling this kids. During the Obama Administration we saw cases of trafficking happening too. But one thing, when this happened in the Trump Administration, too, there were conversations about these were lost children. We dont know where they are. Theyre somehow missing. What this really is, and correct me if im wrong, is that these are calls from Health And Human Services going unreturned by sponsors, Family Members of these young children who come into the country so they dont know where they are when they check in on them, correct . Under the law, the government is supposed to check in over a certain time period to make sure the kids are getting wellness checks, court dates, enrolled in school. It doesnt mean that something horrible has happened, its just the biden administration doesnt know. And the Trump Administration as well, failing to keep track of these. Its the broader problem of the flood of migrants coming across the floor. They promised a safe, orderly, humane system, and it faces the challenges faced by the Trump Administration and the one before that. I wanted to ask you about vaccines because axios is reporting on new research for Booster Shots. What can you tell us whats going on there . Theres a Building Case around the world, the biden administration is looking at, for a third shot for those who have moderna or pfizer. This is bolstered by studies in israel that Show Efficacy of what the third shot will do. The data is building up were expecting official guidance later this year, probably later this month as far as a third shot for americans. Theres a wrinkle in that as well with a lot of americans also not getting their first shot. Of course, globally theres a shortage of vaccines around the world. So theres an ethical dilemma, do we give Booster Shots to americans when we havent vaccinated many other countries. Youre bringing back the axios weekly covid maps so check that out. Appreciate you getting up early with us this morning. Thanks to all of you at home for getting up Way Too Early with me on this thursday morning. Ill be back tomorrow. In the meantime, Morning Joe starts right now. Breaking news, im willie geist, on a thursday morning, these are pictures new to us from east rutherford, New JerseyFlash Flooding across the northeast. There has been destruction, death, as the remnants of Hurricane Ida are hitting the northeast this morning with reports of Flash Flooding and tornados in New York, New Jersey and philadelphia. Last night, new York CityMayor Bill de blasio and new Jersey Governor Phil murphy declaring states of emergencies, calling on residents to stay inside and not travel. Rescue responded to a number of calls for rescues because of high Water Levels. There have been five fatalities so far. Four in new York City one in New Jersey. The national Weather Service issued a Flash Flood warning for the first time ever in New Jersey last night. This is video of water rushing into an apartment on east 22nd street in manhattan. Most Subway Lines as you can imagine were suspended Last Night Due to the Heavy Rain and flooding. The storm impacted play at the u. S. Open, two matches were moved as the rain and winds were just too much for the court at