tonight, the major court decision in arizona reinstating a 160-year-old civil war era law banning nearly all abortions in the state. arizona's supreme court ruling an 1864 law criminalizing all abortions except to

save the mother's life can be enforced. doctors who perform one facing up to five years in prison. the key battleground ruling coming after gop front-runner donald trump said abortion should be up to the states. how soon could it take effect? also tonight, james and jennifer crumbley, the parents of a michigan school shooter sentenced to 10 to 15 years in prison. the emotional moments in court. the couple coming face-to-face with families of the victims. the terror takedown in idaho. the fbi saying it arrested an 18-year-old before he could carry out a deadly attack on churches. his chilling text messages. the school bus overturning in north carolina. 11 injured. why the driver is facing charges. a new boeing whistle-blower coming forward with a safety warning about another mod of the company's planes. tracking severe storms and possible tornadoes in the south. our nbc news exclusive. the images out of new york. subway violence, random attacks.

the city's top cop one-on-one. what he says is driving it all. and who got the best shot of that spectacular show in the sky? >> announcer: this is "nbc nightly news" with lester holt. >> good evening. a new aftershock from the repeal of roe v. wade is rocking the abortion landscape in this country tonight. the arizona supreme court ruled today that a near total abortion ban on the books in arizona since the civil war is enforceable. under the long dormant 1864 law, abortion is a felony. performing or assisting a woman with having one is punishable by imprisonment. an exception is carved out the save a mother's life. tonight the arizona court is putting its ruling on hold for 14 days, but already arizona's democratic attorney general is vowing to not enforce the law. tonight, anti-abortion activists are gearing for a long fight as pro-abortion rights groups look toward

taking the matter to the voters in the form of a constitutional amendment. laura jarrett has late details. >> reporter: tonight, a legal fight over abortion in a critical battleground state fanning the flames of a political fire gaining ground towards november. arizona's highest court today backing a law that bans nearly all abortions and carries up to five years in prison for doctors who perform one. the conservative majority on the court reviving an 1864 law that laid dormant for decades under roe v. wade. >> are you kidding me? 1864 was before women even had the right to vote. we are totally going backwards. it's unbelievable. >> reporter: 66-year-old arizona resident beth bauman fighting back tears. >> i'm devastated. i didn't think that they would do this. i really didn't. >> reporter: yet the state's democratic attorney general says she won't enforce the law. >> it is one of the worst decisions in the history of the arizona supreme court.

no woman or doctor will be prosecuted under this draconian law. i will fight like hell. >> it does give me comfort. >> reporter: some reassurance in a time of uncertainty, says dr. gabrielle goodrick, who has practiced in the state for over two decades. >> i don't know what the law will be. it is so early to know how that's going to play out. >> is today's decision a win for your side? >> it is. >> reporter: the advocacy group alliance defending freedom says the existing 15-week law doesn't go far enough. and even if the state ag won't enforce a stricter ban, other prosecutors still can. >> it's our position that county attorneys have the authority to enforce this law. >> reporter: this latest court fight over abortion only raising the political stakes in an election year. arizona long a republican stronghold now the latest state on track to get a constitutional amendment on the november ballot, creating a fundamental right to abortion, if

it passes. the vice president also planning to travel to the state for events friday. >> you look at state after state where they're passing these abortion bans, and the majority of the legislators doing it are men, telling women what to do with their body. and i've kind of had it with that. >> reporter: while the former president and many gop lawmakers continue to avoid talk of a national abortion ban. instead, backing state-level restrictions. >> some states are taking conservative views, and some are less than conservative, but it's back with the states. it's back with the people. >> supreme court has turned it back over to voters. we've got to let voters sort through this. >> so laura, as this stands, this could go into effect in 14 days? >> well, the court allowed additional challenges to go forward, lester, but if those fail, the law still allows some additional time baked into that. so at the earliest, this law will go into effect in roughly two months. >> laura, thanks very much. now to the unprecedented prison sentence in michigan. 10 to 15 years for the parents of the teenager who shot and killed four students

at oxford high school. maggie vespa on the emotional day in the courtroom. >> reporter: america's first parents convicted for their child's mass school shooting each getting the maximum sentence. >> it is the sentence of this court that you serve 10 to 15 years. >> reporter: jennifer and james crumbley in prison jumpsuits appearing stoic as their sentences were read. earlier this year both were found guilty of involuntary manslaughter related to the 2021 oxford high school massacre carried out by their son. >> this tragedy has taken an incredible toll on our family. >> reporter: families of the four students killed emotionally addressing the court, including madisyn baldwin's mom. >> while your son was hearing voices and asking for help, i was helping madison pick out her senior classes. while you were purchasing a gun for your son and leaving it unlocked, i was

helping her finish her college essays. >> reporter: at times, loved ones speaking directly to the shooter's parents. >> you failed as parents. the punishment that you face will never be enough. >> instead of acknowledging any mistakes, they continue to show no remorse. >> reporter: hana st. juliana's sister reina calling out the testimony jennifer crumbley gave during her trial, saying she wouldn't have done anything differently. >> you wouldn't do anything different. i cannot fathom that. >> reporter: today crumbley clarifying that comment. >> i didn't have a reason to do anything different. this was not something i foresaw. with the benefit of hindsight and information i have now, my answer would be drastically different. >> reporter: meanwhile, james crumbley speaking publicly for the first time. >> i am sorry for your loss as a result of what my son did. >> reporter: prosecutors pushing back on the idea that this case sets a sweeping precedent. >> there is a difference between

precedence setting and rare. and that is really a rare set of facts. >> reporter: the families say a maximum sentence can't bring back their children. >> maximum sentence enough? >> it's not. i'm serving a life sentence. >> maggie, will the three members of the crumbley family have any contact while they're in prison? >> so, lester, the judge is still weighing that, but meantime, a no contact order remains in place. also tonight, michigan's department of corrections confirms mom, dad and son will all be housed in separate prisons. lester? >> maggie vespa tonight, thank you. in idaho, a teenaged suspect is under arrest. the fbi says he's an isis sympathizer who was stopped the day before he was set to launch deadly attacks on churches. ken dilanian reports. >> reporter: prosecutors say this is the suspect, 18-year-old alexander mercurio, posing in front of an isis flag. according to the criminal complaint, he allegedly told associates he had spent months with a

plan to attack churches and kill parishioners in coeur d'alene, idaho. the fbi arresting him the day before they say he planned to carry it out. mercurio allegedly wrote in a text message he would walk into a church, start beating people, and then kill them with his knives and machete, saying he would burn down the building. he said he would keep going until police killed him. that message allegedly sent last week to a confidential fbi informant. during his arrest, the fbi seizing knives, a machete, and butane. intelligence officials have been warning about the risks of disaffected americans could become lone wolf attackers, especially after the hamas terror attack and ensuing war in gaza. the fbi director just today. >> the ongoing war in the middle east has raised the threat of an attack against americans inside the united states to a whole another level. the potential for a coordinated attack here in the homeland is now increasingly concerning.

>> reporter: mercurio's alleged plot has echoes of the recent deadly isis-k attack on a concert hall in moscow. court records describe him as a disillusioned teenager radicalized with isis propaganda during pandemic school lockdowns. a warning of elevated risk of isis-inspired attacks on sports stadiums, concert venues and churches here in the u.s. lester? >> ken dilanian, thank you. also tonight, we're tracking severe storms on the move. tornado watches in effect across the south, including parts of texas and louisiana. tomorrow, the threat pushes east. 16 million under threat across the gulf coast and up into the tennessee valley for storms that could produce tornadoes, large hail, and damaging winds. also tonight, concerns about another boeing airplane after new whistle-blower allegations about the safety of a 787 dreamliner. the faa and congress are investigating. tom costello has details. >> reporter: already under unprecedented

scrutiny, boeing is tonight facing new allegations. the faa tells nbc news it's investigating new whistle-blower claims first disclosed by "the new york times," made by a boeing quality engineer who warns the 787 dreamliner's fuselage was improperly fastened together. in a letter to the faa, his attorney writes, "it is likely to cause premature fatigue failure over time in two major airplane joints that could cause the plane to break apart after many thousands of flights. >> he is alleging that boeing knowingly took a series of manufacturing shortcuts in the construction of the 787. >> reporter: but boeing strongly objects, insisting the 787 is very safe and has undergone intense stress testing, saying these claims about the structural integrity of the 787 are inaccurate and do not represent the comprehensive work boeing has done to ensure the quality and

long-term safety of the aircraft. still, the new claims come after two fatal max 8 crashes overseas, and the max 9 door plug blow out in january, all to be the subject of congressional hearings next week. >> boeing is putting profit and production speed ahead of quality and safety. >> reporter: the 787 fuselage is made of a lightweight composite material to make it stronger than aluminum with better fuel economy. boeing and three different providers make the components that join together in the final assembly. the faa has already approved boeing's plan to tighten paper-thin gaps between those sections, which the engineer claims are vulnerable. boeing insists they are stress-tested and safe. the plane it says should fly for decades. the new whistle-blower work at the same south carolina boeing plant where another whistle-blower worked, john barnett, who took his own life last month. before these new allegations, the faa chief told lester last month boeing's quality

control remains under intense faa oversight and inspection. >> i will make sure that we're not approving any aircraft into the system that are not safely built. >> reporter: boeing says the 787 should fly 40 to 50 years if the plane is properly maintained. there are now 1100 in service worldwide. the company says it has spent years going over every element of the plane to make sure it is safe. lester? >> tom costello, thank you. a scary scene today in burke county, north carolina, where a school bus rolled over injuring nine high school and middle school students, the driver and a bus monitor. the students and driver suffered mainly bumps and bruises and were released from hospitals. the driver of the bus now charging with failing to maintain lane control. in 60 seconds, the major move after our nbc news investigation on louisiana's cancer alley. plus, the huge settlement over that toxic train derailment in east palestine, ohio. why some say it ohio. why some say it doesn't go far e

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a major update now on a story we've been following for more than a year after our report last spring on years of government inaction in an industrial part of louisiana known as cancer alley. epa chief michael regan announced a proposal to curb toxic emissions from chemical plants. today the epa finalized those rules requiring more than 200 plants nationwide to drastically reduce potentially cancer-causing emissions. and we move from toxic air to that toxic train derailment in east palestine, ohio. today, more than a year later, the rail company norfolk southern announcing a massive settlement in a class action lawsuit. here's erin mclaughlin. >> reporter: it was considered the most hazardous train crash in ohio history. 38 cars carrying toxic chemicals derailed, sending a thick plume of smoke into the sky and striking fear into the small village of

east palestine. now more than a year later, norfolk southern, the company responsible for the freight train, announced a settlement. $600 million to resolve all class action claims within a 20-mile radius from the derailment. the statement adding for those residents who choose to participate, personal injury claims within a ten-mile radius. but some residents in east palestine today say they're frustrated. >> we need to know -- we don't know what the long-term effects are. >> reporter: we first met melissa boyer days after the crash. >> literally lit it up back here. >> reporter: she and her family live half a mile from the derailment site. she says the settlement does little to ease their concerns. >> we have had more upper respiratory infections, bronchitis. we don't know if we're going get car from sick or cancer from this. the money is going to be gone, they is a lot of money for a train derailment. >> reporter: attorney mike brian represents 800 plus east palestine plaintiffs. he says it's unclear how many claimants will ultimately come forward, but it could

be in the thousands. in the statement, the company says the agreement, which has yet to be approved by the court, does not include or constitute any admission of liability, wrongdoing or fault. >> reporter: lynn boyer says -- >> no money is going to fix this because it's never going to be fixed. it's never going to be the same again. >> reporter: erin mclaughlin, nbc news. we've got a lot more to tell you about tonight. up next, our exclusive interview with new york city's police commissioner. what he says is making officers' jobs tougher. but just ok isn't ok. and i was done settling. if you still have symptoms after a tnf blocker like humira or enbrel, rinvoq is different and may help. rinvoq is a once-daily pill that can rapidly relieve joint pain, stiffness, and swelling in ra and psa. relieve fatigue... and stop further joint damage. and in psa, can leave skin clear or almost clear.

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>> we're back now with our nbc news exclusive. as recent videos of unprovoked attacks fuel safety concerns in new york city, the city's top cop sat down with tom llamas to talk about what's driving the violence and shaping the public's perception. >> reporter: it's the type of crime and video that gets the nypd commissioner angry. the brutality of a 68-year-old queens woman tossed from the top steps of her church just to be robbed. the woman now in stable condition, and this video going viral. another example of violent incidents in new york city at a time when the nypd says overall crime is trending down. >> just we are heading in the right direction for crime, but someone has been a victim of a crime, it tells a different story. and that's some of the things we're struggling with right now, perception versus reality. >> reporter: new york's top cop edward

caban is less than a year into the job, taking charge as the city faced a crimewave, migrants overwhelming shelters, and a transit system where riders didn't feel safe. i think a lot of the country was stunned when the governor sent a thousand national guard troops into your subway system. what was that moment like? >> you know, when you talk to people riding our subway systems, they just want to feel safe and i thank the governor for bringing resources into the new york city police department. we'll take that. >> reporter: do you think it was necessary? >> we'll take the help any di of the week. >> reporter: the latest data shows crimes like shootings, murders and burglaries all down in the first quarter. but rapes and felony assaults on the rise. caban says bail reform laws have made every officer's job tougher. >> whatever you want to call it, catch and release, where you lock someone up, the district attorney puts bail on them, the judges let them go to walk our streets

again. it's a broken system. we see we're locking up the same people over and over again, and it has an effect on our law enforcement officers. it has an effect on our law-abiding citizens, and it has a negative effect on the actual or perceived image of public safety. >> reporter: and one that has grown more complicated with the recent arrival of nearly 200,000 migrants. when there was that high profile crime in times square when the officer was beat by the migrants, you called them ghost criminals. what did you mean by that? >> right now most of them had no ids. there is no way we could tell where they live, where they come from. pretty much a ghost. >> reporter: i got think that makes your job tougher to try to combat a crime to look for people you don't even know what their names are. >> absolutely it does. >> reporter: though caban says migrants aren't coming to commit crimes, when they do, it's one more setback from his goal, making sure new york not only is but feels safe. tom llamas, nbc news, new york. we'll take a

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images from that rare celestial event. let's get more from liz kreutz. >> reporter: it's hard to say who shot it best. so many angles, so many perspectives, so many people capturing this historic moment. photographers, some with iphones, others with professional long lenses spread out along the path of totality to capture the magic of the solar eclipse. >> oh my god. >> wow. >> reporter: one of the most breathtaking frames, this one of a plane on the edge of the sun's glow. the mesmerizing moment taken by 25-year-old kendall rust, an amateur photographer from memphis who traveled to jonesboro, arkansas, never expecting to get the shot of a lifetime. >> when i got it, i'm like that's it. i'm done. i've taken everything i need to take. this is the one. >> reporter: her image going viral. >> i've had comments from all the way from france to the uk. i had no idea it was going to reach this amount of people. >> reporter: the photo just one example of

the beauty of this natural wonder and the shared experience of looking up, even from the sky. and space. that's the moon's shadow over north america. how cool is it to know you're there capturing the same eclipse as so many thousands of other people? >> it's amazing. just to be a part of that experience has been really incredible. >> reporter: one eclipse, millions of unique perspectives. an extraordinary astronomical event lasting moments but forever captured in these images. liz kreutz, nbc news. >> some great photos and really talented folks. that's "nightly news" for this tuesday. thank you for watching. i'm lester holt. please take care of yourself and each other. good night, everyone. your other. good night, everyone.

right now, wildlife teams responding after a whale is caught up in equipment. what we know so far. good afternoon. welcome to