Our next Supreme Court justice. Republicans hopes a reanimated antonin scalia. But democrats are painting him as the devil incarnate. Hes the meaty middle that has to show meddle if hes going to make it mettle if hes going to make it through the senate. Dems were falling all over themselves to slime the federal Appeals Court judge that they like everyone else no very little about. Chuck schumer immediately declared the judge i will legitimacy because gorsuch is quote hostile towards womens rights. Nancy pelosi described him in a slightly different words. Heres what we know. Gorsuch has fancy pants degreece from columbia, harvard and oxford that include a ph. D in philosophy. Hes a conservative who follows in the scalia originalist vein. He believes in a strikes interpretation of the constitution. He believes in keeping the executive branch in check and hes good on the 4th amendment and doesnt think the state can bearing to your house and poke through your unmentionables. And hes against euthanasia and suicide. What if you are a terminally ill peon with a certain painful death and choose to take your own life. And how do his statements on assists suicide translate to abortion. Hopefully they wont sacrifice important and necessary questions about free speech, due process, and heck even the Commerce Clause which gets so little love. Jurists can present themselves in one light during the confirmation process but then get in the throes of cozy liberalism once they are on the bench for a decade. Even chief justice john roberts. In contentious times like these, judicial turncoats may be the least of President Trumps worries. But well see how hearty the confirmation process is. He may want assists suicide after the certain brutal confirmation process ahead. Glad you are here. Im kennedy. The confirmation of neil gorsuch is a far from done deal. So what are some of his stance on legal issues. Let me ask tim carney who is a commentary editor at the warn examiner and visiting fellow at the American Enterprise institute. Welcome back, tim. You have written concisely and interestingly about judge gorsuchs stance on religious liberty. I wants to talk about some of the nonchristian religious liberty ruling he made particarly that of andre yellow beer. Tell me about that case. I think these are important things to talk about. When you were quoting Chuck Schumer and nancy pelosi saying he was hostile to women, they were talking about hobby lobby. But in the andrew yellow bear. Hes a native american in colorado. He was in prison for the murder of his daughter. Hes not some sympathetic case. But he wanted to go to the sweat lodge as part of his religious observation. The sweat lodge they had in the prison. But because he was in protective custody, the guards said it would be too much of a burned to escort him over there. There are federal laws about how to honor the religious observation of prisoners. This is a sister law to the religious freedom act. Gorsuch said the burden is on you guys to show this an overwhelming burden. And you havent shown it. He has shown that its a big burned on him to deny him access. So he laid out a test that was open to religious liberty and accommodating people goes state tour, the prison guards, who werent willing to look after his religious observations. Kennedy i touched on his feeling about physician assisted suicide. I want to talk about civil liberties. Clarence thomas has been very good on the first amendment. How would a Justice Gorsuch deal with issues of free speech . Every time, not just on free speech. Every time we see state power against a vulnerable individual, whether they be in prison or whether it has to do with Campaign Finance reform, are you going to crack down on nonprofits trying to speak, you see gorsuch coming down on the side of the individual against state power. The same with the Fourth Amendment search and seizure laws. Thats why you are seeing libertarian scholars as well as conservative scholars come out in favor of him. He says the state has more after burden of proof to shoifts a legitimate interference rather than placing the burden on the individual. Kennedy there are some of obamas past Legal Advisers who applauded this nomination. What do you think the chances are he will be confirmed . You have seen early signs that Democratic Senators are ready to vote no on his co confirmation but let him have a floor vote. Chuck schumer wants to filibuster everybody. The liberal base wants to filibuster everybody. Can the aclu and Chuck Schumer rally enough democrats to fight on this hill or will they wait for the next hill when President Trump may put up somebody who doesnt have such wide respect among the legal community. Replacing scalia is restoring the balance on the court. Its not tipping it. Kennedy well see what ppens the next go round which as you say will be far more important. Thank you so much. Now its time to meet tonights party panel. Eboni williams is here. Michael malice is in the house. And guy benson, town townhall political editor. Eboni i will start with you because you are a legal scholar. Of the four us at the table, i would say you spent more time studying Supreme Court ruling and what not. How do you think this is shaping up, the fight with the democrats. I think its unremarkable in the sense they are going to oppose him on an ideological basis. Its not on anything he has done to be disruptive to legal proceedings. Ideologically very, very conservative. So very prolife, antiaffirmative action. Kennedy is it going to be just an abortion fight . For the dems, absolutely. Thats why they will vote no or filibuster and President Trump will empower the administration and his base to use the Nuclear Option. I dont find anything surprising or remarkable. Kennedy i who they dont use the Nuclear Option. The greatest thing about our president , hes petty and vick deck tough. Harry reid was warned, 200 years of tradition and history in our country. You pull away this Nuclear Option and it will come back to haunt you. He did it anyway. Now he should live to see the consequences. They should be giving the left the finger. Whats great about trump and how he guide the left. You have so much energy and animus and hatred. You have a complete lack of power in washington. So the more you have this divide where the emotions are high and the hourlessness is high, the bert it will be to crush progressivism. Kennedy do they keep trotting out follow knees . He will be confirmed. Whether there is a Nuclear Option triggered is up to the democrats. I dont think they will need a Nuclear Option. There are 8 democrats already saying hes entitled to a vote. There is a number of them, including dick durbin. That indicates to me i think the democrats will hold their fire. If they are filibustering down the road we might see the Nuclear Option triggered. Kennedy its interesting now because we have had a yearlong vacancy where it been a split court. People thought it was going to be very, very chaotic. It hasnt been so. So restoring that ballot in that big of a deal. This is a scalia for scalia. I would also note that President Trump had two nominees in his first term. Both of whom sailed through with no filibuster. Theris a lot of history here on the republican side and back to he any s point, judge gorsuch is a sterling nominee. They have nothing to come at him with, thats why there are statements about he hates women. I would be careful what you are saying, michael. All this angst and hysteria on the left, its because they have been shell shocked by what has happened. The pace President Trump is moving at. The fact that he won in the first place. When they settle down and understand this is their new reality kennedy that dynamic doesnt change. I think main they will get smarter. The republicans in 08 got really smart. After obama won and they understood they had the floor mopped. The tea party 2007, they got the house back. That wasnt because them. Im talking about the progressives and the democratic establishment fearing them. Kennedy President Trumps executive order on immigration and travel in the u. S. Depending on who you ask, its a restriction or outright ban. The left is furious by the. Those on the right say its great. Trump tweeted, everybody is karging whether its a ban. Call it what you want. Its all about keeping bad people with bind texass out of the country. A reuters poll shows 4 of people agree with the order. 41 disagree. Does it keep us safer. I think it last 60 years the democrats trotted out more out groups to champion. The last group, ople whore transgender. There are 100 transgender people in america. No one cares and it went over like a lead balloon. They are starting an antagonism before they have a chance to put them on their shoulders. Kennedy there is a lot of emotionalism on both sides of every issue, particularly here. I agree with Jonah Goldberg who said within the order the president should have given the agencies 30 days to decide how to up pose the ban. Im sympathetic to a number of things in this executive order and i think the idea that you dont have a right to enter this country and we have to right to make sure we are keeping bad people out. I do have concerns about some of the content originally, how it was rolled out. But that poll is important for this reason. A lot of people in this city, in our industry, they all were convinced, there is a massive uproar over this. The country is turning on him. We got this. The polls come out. And people say, its fine. There is such a bubble effect. I am wondering when the certain elites will start to learn the lesson that just because they see big demonstrations in liberal cities and their friends are angry by the on facebook, that doesnt mean thats what the country is feeling. Ill talk less about the impact and the effect. A ban or the legislation itself. Because here is the thing. Most people want america to be safe. And thats why the numbers reflect what they do. The president has to really wrap his mind around it. Its right that no one has a right to enter. Its a privilege. When you start singling out who gets that privilege around race, identity, nationality and religious beliefs, now you are triggering what we call strict scrutiny. Its not actually the intention. President trump can say i have no intention to discriminate. If you have that impact you still have a constitutional challenge on your hands. Kennedy waiunl you hear who hillary is blaming for hhite house loss. Oh, good. First President Trump slashing regulations like they are going out of style. Thats next. When a cold calls. Achoo . Answer it. With zicam cold remedy. It shortens colds, so you get better, faster. Colds are gonna call. Answer them with zicam zicam. Get your better back. Now in great tasting crystals. This is one gorgeous truck. Special edition. Oh, did i say theres only one special edition . Because, actually theres 5. Aaaahh ooohh uh holy mackerel. Wow. Nice. Strength and style. Which ones your favorite . Come home with me its truck month find your tag for an average total value over 11,000 on Chevy Silverado all star editions when you finance through gm financial. Find new roads at your local chevy dealer. Cmohappy birthday i survived a heart attack. Im doing all i can to keep from having another one. And im taking brilinta. For people whove been hospitalized for a heart attack. I take brilinta with a baby aspirin. No more than one hundred milligrams as it affects how well it works. Brilinta helps keep my platelets from sticking together and forming a clot. Brilinta reduced the chance of another heart attack. Or dying from one. It worked better than plavix. Dont stop taking brilinta without talking to your doctor since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. Brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. Dont take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain, or severe liver problems. Tell your doctor about bleeding, new or unexpected shortness of breath, any planned surgery, and all medicines you take. Talk to your doctor about brilinta. Im doing all i can. That includes brilinta. If you cant afford your medication, astra zeneca may be able to help. Kennedy bureaucrats are stinging from president obamas executive order. The red tape clash is a boon for business. This according to a new report from the American Action forum. Just like halting President Trumps pending regulations. President trump saves the economy 180 billion. Can that possibly be true . It might be a stretch, by the appears to be a step in the right direction, so says jonathan hoenig. Great tie. Regulations cost stillons of dollars. They impact people, their bottom line, and also their wealth and wellbeing. If trump can slash and burn this regulatory state it would be a major boon to the economy. Kennedy how much did the regulatory state increase under president obamas 8year watch . Dramatically. And across the board. In financial, medicine and almost all areas of the economy. An amazing stat, if we had just held the regulatory state where it was in 1949, the average per capita income in this country would be 160,000. Its 46,000 now. The regulations are not just inconvenient or expensive here or there. It has a dramatic impact on americans boom line. Kennedy its not jft they receiptic economic principle. These are rules that shackle individuals and keep us from prospering and keep the economy from growing. And when we plead with new administrations to hold back government and restrain government growth so the economy can grow, isnt this the kind of stuff we are talking about . Regulation is preventive law. It doesnt protect anyones rights, it just prevents us from getting uber, from getting housing or a light bulk you want to use and can afford. All regulation is destructive. Its disingenuous this is a real opportunity to boost the economy long term if we can slash and burn this regulatory state. Kennedy you talk about the regulations on the taxi and limousine industry. Lets also talk about Economic Growth and doddfrank. What are the possibilities of maybe not repealing doddfrank completely but rolling part of it back in a similar vein . You would have done better being a leper in the last decade. They caused the financial crisis and they lead to the regular story hurdles. President trump promised to slash and burn. People might say whats the big deal. That transports to bigger Bank Accounts for you, smaller stock transactions and a healthier economy. Kennedy i know its been an incredibly emotional week on both sides. There has literally been hysteria fomenting on both sides of the aisle. Both sides of pretty much any debate. We have to find it incumbent upon ourselves to find those bright spots and let the individual thrive and encourage that wherever we can. Coming up, a raid against al qaeda reportedly lead to the death cold front an 8yearold american girl. Kennedy for years i blasted the Obama Administration for killing americans without due process. Now im imploring the Trump Administration from going down that same dark drone path. Alawlakis 8yearold daughter was killed in a raid and a u. S. Navy seal died in the raid as well. But its a cautionary tale of what could happen if a new president follows the past president s lead, especially on drones. So what does this raid and the way its described as a massive firefight, what does this say about the new administrations counterterrorism techniques . If it means combat veterans are in charge. Mattis green lighted this where Ashton Carter would not have. Obama wanted a zero american casualty policy. Thats why he fell in love with drones. Drones cannot capture prisoners or pull hard drives out of computers. But Naval Special warfare and dealta force putting boots on the ground means you need to be ready to write those letters home. And obama was not. There is a saying in come boot, that the enemy saying in combat at the enemy gets a vote. And you need to be prepared to lose your people. The first people in line who raise their hands are the ones who got on those o those osprey. We had 8 years of casualty aversion. Earn unwillingness to put people on the ground in pakistan and instead shoot a hellfire missile into somebodys house as opposed to capturing him. So this could have been done by drone it was not done by drone. Its not intention to kill an 8yearold girl. But our enemy takes their family to the battlefield and thats kind of on them. Kennedy what does this say about the road Going Forward . These times of incursions can be these types of incursions can be deadlier. Do you have think its a good sign for peace to have this insight and expertise . Its a positive sign for american sources that we finally have a commanderinchief. Im not a trumpist. But its good to see there is some one in the pentagon who has the guys ear and can tell him, if you want to make progress, you need to take these risks. If you sit back from 10 miles and shoot missiles at moving cars, you cant assess what happened until al qaeda releases a press release. You have to be able to do whats called b. D. A. , Battle Damage assessment or capture prisoners. Going forward, i think you are going to see less of the droning and more of this. Its counterintuitive to the casualty averse americans. But the guys at special operations would rather be used than not used its what they dedicated their life to. And they know they bring things to the table that a drone cannot. A drone cant land and say surrender. The delta force guys, they take prisoners, and the prisoners do this. Its an order of magnitude better in fighting our enemy which is a way to get the peace, is to stop having enemies. This particular enemy doesnt want to talk. So to disrupt al qaeda like we were three years ago, we have to do these things. Kennedy well talk again. I want to talk about rules of engagement and how this may play out. Coming up. Hillary clinton has hah new scapegoat for her loss to President Trump. She is not blaming herself. Plus, did you note u. S. Has a bacon reserve in the panel returns to tell you why that bacon double cheese bigger might cost more the next time you head to your local greasy spoon. Stay with me. Hillary clinton is still reeling from her loss to President Trump. The person she blames is former president barack obama. According to a report, Hillary Clinton thinks President Trump waited too long to present evidence of russian interests force in the election and that cost her the white house. Is it possible someone else led to hillarys los like maybe hillary . The party panel returns. Presiden. President obama deprivf so much. First thing i thought when i saw this, she is blaming another man. She is americas mother in law. She is such a nag. If she were actually inspirational, then obama would want to be helping her and other people would wants to be helping her. On a personal level people would work with her either hate her or defy her. Her or deify her. Kennedy the russians decided to install that rickety server in her house. That tanked her credibility. You dont hear anything about her personal decisions and how the email drip drip drip provide more information than the dnc c leak. Dnc leak. I knew of the second that she lost this would be the first line of attack. Its no one elses attack than president obamas. I blame her because if you are compelling, i dont care, man, woman, black, white or brown,ing you get what you work for and what you earn. The party had a choice, they rejected her twice. They were bullied into take her. She was forced down their throat. Kennedy run again . 2020 . Wow, racist. Second of all the fact that she is sitting around doing unironic thanks obama in her living room is a wonderful picture in my minds. He did go to the wall for her. He did everything he could to drag her sad below thed political carcass across the finish line. He guilted his base to say if you dont vote for her, i will take it personally. This is almost too good to check this story. Ill enjoy the on its face and renew my call for secretary clinton to run again in 2020. Its what the country needs. Kennedy there are some very divisive issues facing our nation obviously. But one crisis will likely unite us all. Americas bacon reserves have reached their lowest point in 60 years. Our pork belly inventory was at 17 Million Pounds as opposed to 53. 4 million in 2015. As a result the price of bacon has been on a steep incline. What has happened to our country . And are we staring down the barrel of a turkey bacon. I dont know if i should be making an animal farm George Orwell joke. I used to be a member of the bacon a month club. Poor people should be eating more bacon. Kennedy its the gift that keeps on giving. Im horrified by this news. We must have more bacon all the time. Bacon should be in everything. It wasnt until i went to college i discovered bacon shouldnt always be in vegetables. We dont win anymore. Bacon, big problem, we are going to fix it. Kennedy do your wrong. Wrong. Thank you so much for being here tonight. So nice to be welcomed back to these loving arms. When astronaut mark kelly went into space he was identical to his brother. Er in no longer identical in anyway. What did aliens do to him . This is the silverado special edition. This is one gorgeous truck. Oh, did i say theres only one special edition . Because, actually theres 5. Aaaahh ooohh uh holy mackerel. Wow. Nice. Strength and style. Which ones your favorite . Come home with me its truck month find your tag for an average total value over 11,000 on Chevy Silverado all star editions when you finance through gm financial. Find new roads at your local chevy dealer. Im raph. My name is anne. Im one of the real live attorneys you can talk to through legalzoom. Dont let unanswered legal questions hold you up, because were here, were here, and weve got your back. Legalzoom. Legal help is here. Kennedy astronaut twin brothers. All the time in space melted scott kellys dna. What does this mean for the future of space travel. Scott was sent to live in orbit for nearly a year while his brother mark on the right stayed ground on the planet earth it was the perfect situation to stud why it effects of space. Because they are identical. Upon his return scott was taller than mark. Scientists say his dna has changed as well. So could space travel be the best way to combat the aging process or are future spacemen doomed to die a slow death. Lets talk about this. Some interesting stuff. Scott kelly was taller at least for a little while because his spine decompressed in microgravity. For those of how want to go to mars after 2030, there is od news and bad ws about going to mars. Scott was 2 ches talleafr ter going into outer space. When you go to bed at night your spinal cord also decompresses and you are taller at night than you are during the day. But after he came back tort, gravity compressed his spinal cord and he went back to his normal height. Kennedy the telemeres were longer. The caps at the end of chromosomes that have to do with the inning process. Everybody says premature aging is one of the side effects of being in outer space. Telemeres are like a clock. They get courter when they divide. But his got longer. However, it was a temporary effect. And you have to realize cancer cells can also stop the telemeres. Cancer cells are immortal because they stop the clock. Thats why cancer cells live forever and thats why they kill you. Kennedy there is all he radiation which can damage the receipt indiana and potentially the brain, being in space for that long can hasten the growth of certain cancers. The good news is the effects of radiation were not as bad as we thought. But the bad news came out last october when they took mice and hit them with cosmic rays and the mice got anxious and suffered from brain damage. Well have to shield our astronauts if they go to mars. Kennedy was this experiment designed to see how our asonauts wilcomport themselves . He was in space for only 340 days. Our astronautsbe going to mars for a 2day mission. And another 78 months to go back to the planet earth. Thats two years in outer space with lots of cosmic radiation. Well have to do extra shielding to protect our astronauts. When you think of a transatlantic flight from new york to l. A. , you get a dental xray amount of rays. Kennedy did you see the matt damon movie, mission to mars . I saw him in that. Kennedy i love your expertise and your brain. You are a well spring of knowledge. Very good. Coming up. Is this child a small wizard who is this child a small wizard who can control buskers by waving achoo snap achoo snap achoo achoo snap snap achoo achoo feel a cold coming on . Zicam cold remedy nasal swabs shorten colds with a snap, and reduce symptom severity by 45 . Shorten your cold with a snap, with zicam. Theres a lot of places you never want to see 7. 95. [ beep ] but youll be glad to see it here. Fidelity where smarter investors will always be. If only the signs were as obvious when you trade. Fidelitys active trader pro can help you find smarter entry and exit points and can help protect your potential profits. Fidelity where smarter investors will always be. Why is there neverite, enough of it . A john deere 1 family tractor with quikpark lets you attach and go. Imatch quickhitch gives you more time for what you love. So it takes less work to do more work. Autoconnect driveover mower deck . Done. Theyre not making any more land. But theres plenty of time if you know where to look. Now you can own a 1e subcompact tractor for just 99 a month. Learn more at your john deere dealer. Cmohappy birthday i survived a heart attack. Im dog all i can to keep from having anotherne. And im taking brilinta. For people whove been hospitalized for a heart attack. I take brilinta with a baby aspirin. No more than one hundred milligrams as it affects how well it works. Brilinta helps keep my platelets from sticking together and forming a clot. Brilinta reduced the chance of another heart attack. Or dying from one. It worked better than plavix. Dont stop taking brilinta without talking to your doctor since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. Brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. Dont take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain, or severe liver problems. Tell your doctor about bleeding, new or unexpected shortness of breath, any planned surgery, and all medicines you take. Talk to your doctor about brilinta. Im doing all i can. That includes brilinta. If you cant afford your medication, astra zeneca may be able to help. Kennedy when your pillowcase is filled with thumb taxes. Topic number one. There is nothing quite like opening a new bottle of vino. The intoxicating aromas. The huckleberry and oak. The black eye. He beat himself in the head but good. At least he got it open. Now he can get good and drunk when he picks up his idiot of the year trophy. Crack open a bought like that is a rookie mistake. Everyone knows to open it from the bottom. Just like that. Topic number 2. Topic 2. Subway performers are an unruly bunch. We need a rehero to come along and keep them in line. Its unclear whether this child is conduct her own personal orchestra or is she performed the worst magic trick ever, by producing panhandlers 0 it of thin air. Lets hope its a magic trick. Conduct as you know can be a real slippery slope. There is only one way the lifestyle after conductor turns out. All aboard. All aboard. Smarten up, kid. Want to end up like that . That guys only 14 years old. Topic number 3. Scientists often speculated about whats inside of a football. Is it rabbit fur, perhaps a highly toxic gel . I always speculated its made up of smaller footballs which are made of tiny footballs. But the slow motion guise overinflated one until slow motion guys overinflated one until it explodes. It turns out the football is filled with smoke. Now lets cut to the man they put in charge of football quality control. I have a process i go through before every game where i go in and pick the balls that it want to footballs i want to use for the game. Kennedy im glad he clarified footballs, and not just balls. The hat, the dumb diet. Heat up some olive oil, you freak. Topic number 4. They finally did the. Someone put a gopro on a sword. Lets see what the world looks like from the perspective of a swinging saber. Nice. Is that a human hand . Oh. What beautiful eyes you have, ma come. Here is an interesting fact. While these young men are using a sword to slice melons in half. Archeologists believe swords were invented for slicing people in half. Do you know what happens if you try to bring a sword on an airplane . I do. But im legally forbidden to discuss it. Thanks, tsa. Now, lets see a swordwielding ninja. Incoming those were tom bradys discarded balls. Scientists have long known you can determine someones intelligence by the sports team they have root for in early childhood. What you are about to see is a child so smart, so young, his love of sports defies scientific explanation. This 2yearold was caught on camera ahe woke up from Sweet Slumber to cheer on his favorite team. Hes a genius. Lets go rangers lets go rangers lets go rangers. You are brilliant. Its so cute. I love that this baby is a rangers fan with dreams of lunlds gift dancing in his sweet head. Lets see what islanders fans are up to. Thats about right. They dont even go to their own game. Thank you for watching the show tonight. You can follow me on twitter and instagram kennedynation. Email kennedyfbn foxbusiness. Com. Kennedyfbn foxbusiness. Com. Tomorrow on the show, i am for the Bye Bye Foundation beautiful you collection from it cosmetics by jamie kern lima. Brought to you by guthy renker. Imagine having skin that looks this beautiful, this flawless, without having to wear foundation. Imagine a product that covers everything but looks and feels like youre wearing nothing. 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