[Carol Lin, Cnn Anchor:] Well, Elian Gonzalez arrived on an inner tube from Cuba seven months ago, he could leave on a chartered jet this afternoon. His long journey through the legal system now set to end in the U.S. Supreme Court. Today the high court could give the go ahead to the father of Elian Gonzalez to take his son back to Cuba. The session opens about three hours from now. If the court does not issue a stay, Elian Gonzalez could leave as a early as 4:00 this afternoon, Eastern time. CNN correspondent Mark Potter reports both sides have made their final appeal.
[Mark Potter, Cnn Correspondent:] As Elian Gonzalez and his father attended church in Washington, D.C., the Justice Department urged the U.S. Supreme Court not to delay the boy's return to Cuba, it argued that Elian's Miami relatives last-ditch appeal is without merit and said: Prohibiting Elian's departure would only cause him harm. In a separate petition, Gregory Craig, the attorney for Elian's father wrote: The perpetuation of these circumstances deprives Elian of his childhood, and Juan Miguel of his right to raise his family. The lawyers for the Gonzalez family in Miami argue Elian has been denied he is constitutional right to an asylum hearing. Meanwhile, at the home in Miami's Little Havana, where Elian once stayed with his relatives, signs and flags remain on the front fence. But across the street, where crowds of demonstrators once gathered, only two men kept vigil in support of Elian remaining in the United States. Among Miami's Cuban-Americans, there is resignation that Elian could soon return to Cuba. Political leaders say they expect a quiet community response.
[Sylvia Iriondo, Cuban-american Activist:] We abide by the law, we abide by the rule of law, and we'll be very saddened thinking about what this child will have to encounter upon his return to Cuba. But we will continue our struggle so that there are no more children like Elian.
[Potter:] The Miami relatives are asking to see Elian, perhaps for the last time.
[Linda Osberg-braun, Gonzalez Family Attorney:] They haven't seen him since the raid. They want him to know that they haven't abandoned him and that they love him.
[Potter:] But the relatives' lawyers released a letter from Elian's father, saying he would only allow a reunion if the relatives dropped their lawsuits, which they did not. As it stands now, under the appeals court order, Elian and his father are free to leave the United States at 4:00 this afternoon, Eastern time, unless of course the Supreme Court intervenes and delays that departure. Plans are already being made for a charter flight from Washington's Dulles Airport to Havana late this afternoon Carol.
[Lin:] Mark, I see some people behind you, early signs of an organized protest today?
[Potter:] No. There are about 20 people here, there may be some impromptu demonstrations today, but the political activists say that they have no plans for any sort of demonstration. City and county officials are saying, they don't expect any big demonstrations, they certainly do not expect any violence. A sense of resignation has been building in this community for quite some time that this case is winding down, it is almost over, and that explains why we are not expecting any big, big demonstrations today.
[Lin:] All right, a far cry from the scene just a few months ago. Thank you very much, Mark Potter.
[Leon Harris, Cnn Anchor:] For a check on the mood around that temporary Washington home of Elian Gonzalez and his father, let's go now to CNN national correspondent Bob Franken. Good morning, Bob.
[Bob Franken, Cnn National Correspondent:] Good morning, Leon. And a few of us have began to call this Elian's Island. It has been sort of an island for him in the United States since he's been here, an island surrounded by heavy security, you can possibly see over my shoulders the U.S. marshals that have been a constant presence, keeping Elian Gonzalez since he was taken back to his father, keeping him away from reporters, heavily secure, behind in an estate here, his last place that he has stayed in the United States in a very, very opulent section of Washington. He is expected, if the Supreme Court, in fact, rules the way everybody believes it is going to rule today, he is expected to leave the United States and return to what was his normal life in Cuba later this afternoon, taken by the marshals from here to Dulles Airport, if in fact the order stands and it goes out of commission to 4:00. He is expected to leave about an hour later, and perhaps Juan Miguel Gonzalez, who fought so hard to get his son back, will make some statement, presumably thanking the people of the United States before he heads back to Cuba. Elian Gonzalez has been in the United States for over seven months, of course, arriving on November 25th, so that's seven months and three days, his father fought so hard, finally came to the United States, finally, when his son was retrieved from the Miami relatives, they were reunited and came here, soon they will be going back. Bob Franken, CNN live, Washington.
[Lin:] With the Elian Gonzalez case now in the hands of the U.S. Supreme Court, there are several things that could happen today. CNN's senior Washington correspondent Charles Bierbauer joins us now from outside the high court to explain. Good morning, Charles.
[Charles Bierbauer, Cnn Sr. Washington Correspondent:] Good morning, Carol. Well, the court is very mindful of that 4:00 deadline, and there are really two issues that have been presented to the court. One is for an injunction, or a stay, to prolonged Elian's stay here in the United States, pending a decision by this court, the U.S. Supreme Court, as to whether or not it will hear an appeal of the 11th Circuit ruling, that ruling which said that Elian and his father should be free to go. So the court can address the stay and it can address the question of whether or not it will hear that appeal. Once it decides whether or not to hear the appeal, then of course, the question of the stay becomes either moot, and he can go, or the stay would be granted until the appeal is heard here. But most scholars don't see a compelling reason for this court to overturn the rulings already granted by the district court and by the U.S. Circuit Court of Appeals. And in fact, the Circuit Court of Appeals refused to hear this case again. So that sort of narrows the chances that the Supreme Court will Carol.
[Lin:] Well, Charles, certainly a very busy day at the court. What other cases are pending?
[Bierbauer:] Yes, this is the last scheduled day for the court to hand down opinions in this term and there are major cases pending. Two of them deal with the issue of abortion, always an important and significant and controversial issue. In one case, the justices must decide side whether a ban enacted by the state of Nebraska on what is commonly called partial-birth abortion, a very political term in and of itself for a procedure that usually occurs in mid-term, as to whether that ban was too broad and, therefore, unconstitutional. Roe v. Wade, of course, remains the law of the land and that is not being challenged. A second issue deals with a ban in the state of Colorado, or a limitation on where anti-abortion protesters may protest outside abortion clinics. A third case comes from the state of New Jersey, where the Boy Scouts sought to exclude a gay Boy Scout leader from a troop there. This is a major point of concern for gay and lesbian advocates in this country. And the fourth case comes to us from the state of Louisiana and it questions for what sort of things may federal aid be used to purchase supplies for parochial schools. In question specifically, computers, television sets, VCRs, those things which, in and of themselves, have no religious content but may be used to convey religious content, and the question, of course, is the separation of church and state Carol.
[Lin:] A loaded day. Thank you very much, Charles Bierbauer.