Tense. We will know about five hours from now who the president has chosen to replace Justice Kennedy on the u. S. Supreme court. It could be one of these four, could be an outside candidate. Could be john roberts, who is at the white house right now with a closer look at those picks and who is being considered. John . I hate to break it to you, but i was appointed the chief justice of the Supreme Court a long time ago. Why would they no mate me . Neil the gig is up. What we do know, the president made his decision. We dont know who he has chosen. Were told its among the following more. Just Thomas Hardiman, amy coney barrett, Raymond Kethledge and brett kavanaugh. There could be a sense that why would the it put hardiman through this twice and denying him both times . Hardimans people are feeling good about this. He drove a taxi to put himself through georgetown law school. In the coincidence of all coincidences, hardiman just happens to be in washington today with the judicial conference of the United States. Hes on the judicial committee. They typically meet at the Supreme Court. Theres an outside chance that his nominee is today at the Supreme Court. And judge brett kavanaugh, he haas the most exsensitive record. 300 opinions leaving home this morning. A couple problems. The 2011 opinion that he wrote on obama that a lot of conservatives didnts like. The fact that he has an extensive record, senator Mitch Mcconnell is worried that democrats could slow walk it, take it up pasted the election and deny the president confirmation of his nominee this fall. Third, Raymond Kethledge, he would be a safe choice. Though some people say not a particularly exciting one. Hes a bit of a character. He likes to go on his play on lake huron that doesnt have phone or internet and be in solitude. The opinions he writes are colorful and very much enjoyed by legal scholars. Im told the interview with kethledge and the president went very well, lasted longer than the other interviews. And then theres amy coney barrett. This is the candidate that im told that is most attractive to President Trump because of her strict conservative record and the fact that she would only be the second woman ever appointed by a republican president. Heres the drawback. She wrote a paper on the principle of decided law sets precedent and you dont overturn decided law. She suggested that if she believes the Supreme Court decided something incorrectly, that it should be open to judicial review. A lot of people are going whoa roe v. Wade, she will seek to overturn it. Thats why you heard Chuck Schumer today so adamantly against anybody on the president s list let alone who he might pick tonight. Neil that flies in the face of Justice Robert who is not a fan of doing that. Exactly. One other thing to consider, too, the president has to count on some democratic votes to get his nominee across the finish line. He believes hes got a good chance with joe manchin, joe donnelly and heidi heitkamp. Joe donnelly according to one report i saw was asked to the white house tonight for the nomination announcement. He deferred saying he wants to meet the nominee in person first to get a measure of them before he goes in public with any kind of level of support. Its all very fluid right now, neil. Were working our sources trying to get a name. The president wants to play this close to the vest. Were still trying. Neil so far hes doing just that. Thanks. Meantime, carrie is here with the judicial crisis network. Thanks for coming. Thanks for having me. Neil what came into this play with this decision . Obviously conservatives seem to rally around the names that we think of. Any chance theres an outside name or two that we do not . Sure. Hes committed to choosing someone from the list of 25. Most people agree that some on these four that weve talked about and any of them is an excellent pick. Im excited to see Justice Barrett or Justice Kavanaugh or Justice Kethledge or justice hardiman. Its no wonder the president is having trouble deciding. I dont know who i would choose. Its exciting to know that they all have records that you can understand. Theres not a mystery of how this person will come to their conclusions. Theyre faithful to the text of the law, faithful to the contusion. At the ends, thats the most important thing. Shepard we know that Mitch Mcconnell recommended Raymond Kethledge or Thomas Hardiman as easier to confirm. What would be the thinking there . The other two bring controversy to the table . Ive heard mixed things about who his favorite is. I dont know what the right answer is. They all have strengths that they bring to the table. Some people have said the record that judge kavanaugh has from working in the white house before, that would be somebody that they would take a long time to go through. But i think also youd see that he is someone that is so wellknown, so wellrespected just with a still later resume. It would also be very hard to confirm to oppose him except on partisan grounds. So each one of them has something that some will say but this. Oftentimes theres what is perceived as a weakness is their strength. So barrett, you know, people say shes outspoken and was able to defend herself in this hearing, but others say, look, thats why everyone loves her. Yes, shelves attacked but also grace under pressure. Its anyones game. Neil i hear you. The one advantage to going to Thomas Hardiman, not only his story, a taxi cab driver to pay his way through law school, but he served with mary ann tru trumpbarrett. Hes an appealing candidate nor the socalled wow factor that the president spoke about. Yeah, he has a long track record. Hes been in the District Court and the appealate court. Its the solid record of being a fair and evenhanded judge and a commitment to the constitution above everything else. Neil all right. Roe v. Wade is the dominant theme here as in judge candidate will tip his or her hand how they vote, but that this might get raucous in the introductory phase. How do you think the process will go . Its usually a polite civil affair but could morph into something else. Most of it is part of scare tactics. That is first of all one of many issues the court considers. Nobody really knows how this person would approach that. We know that roe v. Wade is a longstanding precedent and any judge will not jump in and say lets do something wild, particularly when you have chief Justice Roberts as the swing vote. So this is not this person is not going to be the swing vote. Its chief Justice Roberts. Hes known to be an incrementalist. This is something that will come up in the discussions. Any nominee wont talk about how they would rule in that case. Frankly, many of them might not know. You have to wait until you hear the arguments being brought before the court before you know how to rule on them. Neil thanks, carrie. We appreciate it. Again, a little less than five hours away from finding out who the president s choice is to replace Justice Kennedy. Lets get the record from tom dupree. Tom, im reminded that the judge you pick is not always the judge you get. By that i mean not that he or she ultimately makes to it the Supreme Court but not the philosophy that you thought they would bring with them. David souter comes to mind with george bush sr. Not the pick he envisioned. Im thinking of Justice Kennedy himself appointed by ronald reagan. One of his first decisions is one that did not open up in in fact, nail down the key proviso of roe v. Wade. Sometimes might not go your intended way. Thats right, neil. The fact is as once you appoint someone to the Supreme Court, theyre beyond your control. At that point, theyre an independent actor and vote whichever way they want and the way their understanding of the law and their constitution takes them. Having had and lived through the david souter experience, i think people and republicans and conservatives in particular are aware of this danger. Thats the reason why this has been a careful thoughtful process. Making sure that you have examined everything potential nominees have written, everything they said in this past to be sure that you can have that comfortable level. Can you ever get to 100 . Absolutely not. Im optimistic assuming the president chooses from one of these four finalists that that candidate is as advertised. Neil obviously what enforces that is a long written record. A pattern of opinions and dissents and articles, speeches. Decisions made on the bench. Thats one of the things were told that hurt amy coney barrett. Shes only been on the bench for seven or eight months. Its not her fault for a relatively limited amount of time but not much to glean from that. Thats true. A fair concern. As far as judge barrett goes, shes been a law professor. Shes been thinking about writing about the law. Obviously being a professor is different than being a judge where youre deciding cases. At the same time, she does have a paper trail that people have been plowing through. Much is made of her catholicism, her views. Im wondering why for Many Democrats this is suddenly a heated issue when john kennedy was running for president as a catholic, democrats rallied around him and say that he shouldnt be looked upon as a catholic candidates for president. He was not beholden to the pope or the religion but the constitution. Yes. I was sorry to see the democrats unleashing that line of attack on judge barrett. Like you, i thought that we as a nation had moved beyond this in 1960. The fact is that theres many, many, many talented men and women serving on the federal bench that are people of faith, all sorts of faiths. Its wrong and an incorrect assumption to say just because someone is of a particular religion that that view is going to infuse and shape their view of the law. I think all of these candidates, all of these judges were looking at are extremely qualified and perfectly capable of separating their own personal views for whatever origin, religious or others. I think thats where we should be at this point in our history as a nation. Neil wellput. Tom dupree from washington. Thank you. Thank you. Neil well be watching this very closely and our big theme tonight on Fox Business Network at 8 00 p. M. Looking at the implications of this through the president s announcement a little after 9 00. Which one of these four will be the president s choice. It could be outside that where well get Global Market reaction. Yeah, were watching this close abroad in the middle of, yeah a trade war that so far at the corner of wall and broad has not dissuaded buyers convinced this will pass. Were up 320 points today. Germany looking looking to demand on autos. England is in total disarray. More after this. Shepard you know, youve be tempted to say on a day like today, this is a trade war, bring me more of it. The markets moving forward here. Something could adverse hi hit like boeing and caterpillar. Not today. All on the belief here that well weather this storm nicely and europe is in total disarray. The British Government is in a world of trouble. Boris johnson resigned today and another key member also stepping down. That least theresa may in a world of hurt here. In germany, signs that Angela Merkel is beginning to blink in the face of potential tariffs saying theres a way to safe some of the american demands. The french say theyre not growing to cave. And the read from gary calpon and Charles Payne from Fox Business Network. Is what sit here . The fundamentals are it. We saw this great jobs reports friday. First six months, the big rigs, semis. Theyre report numbers. Bases have never made these investments. They believe this economy is going to keep going and theyre investing for it. By the way, i also believe its not that wall street doesnt think were in a trade war that it wont get too deep. I think were winning it is the notion despite the atlantic, that will probably never write a positive article about trump. Chinas market is 15 . The tech market is down 175. Down 50 in the last three years. So you know, weve got a lot of wind in our sails and i dont think its going to change. Everyone hopes that cooler heads prevail and we get free trade out of this. Our economy is humming on all cylinders. Neil gary, how are you reading this . Who is to argue with Charles Payne . Wow very simple. Everything that was held back and been an anchor on the market came out of a coma in a big way. All of a sudden, we wake up and the trade kaka is going on and the world is not ending. I love we saw boeing and caterpillar, i love the fact that the financials are a big low today. I love the transports like fed ex, which is really important, hit a good low today. I agree with charles. The numbers are strong. Interest rates are low. The fact is our market has been much stronger than everywhere around the globe and hopefully, again, this does not escalate. I promise you, even though markets look like theyll start moving from here, if we escalate to 100 billion to 200 billion and we have the auto thing look out, the markets will take a hit. Today was a very good day. Neil so antoine, that means today was an awful day. Not really. Im an american first. I caution anyone that wants to give victory laps about one good day in the market for a few good days because what we know the markets can change. What is hot today can be cold tomorrow. I think the tariffs will be detrimental to trump country. Bmw, this will cut through the fabric of local economies, behavior of this president. We have to be careful. While charles pointed to the numbers, theres people still hurting in this economy. Trying to make ends meet. Neil but parentsly fewer than before, right . Of course. The economy is improving. Ill go back to what i said a number of times before. Thank you for barack obama laying tremendous ground work for making the economy youre right. Charles payne left that out. I did. Neil what about the notion that we might be get heard of ourselves . A lot of farmers are feeling it, continue to feeling it. Manufacturers have been patient and will be less patient. I came early to crunch numbers. I used the u. S. China business council. I counted 500 billion from the 30 red states that trump won in terms of exports to china. If you do the math and assume that all 34 billion in tariffs went to the red states, we know that wont happen. But right now its less than 1 . I tell you what democrats should be concerned about, emerson had a poll out tied. 42 feel better about the economy than a year ago. 62 of hispanics. 164,000 came back to the job market and 250,000 were worker more than a month ago. Charles neil i didnt plan it but i get a kick out of ending it that way. Well see how this sorts out for the markets and for people that are also paying attention to something far bigger. Getting the kids out and safely in thailand. This is a story about mail and packages. And its also a story about people and while we make more ecommerce deliveries to homes than anyone else in the country, we never forget. That your business is our business the United States postal service. Priority you find thenah. Ote yet . Honey look, your old portable cd player. My high school rethainer. Oh dont. Its early 90s sitcom star dave coulier. Cut. It. Out [laughing] what year is it . As long as stuff gets lost in the couch, you can count on geico saving folks money. Fifteen minutes could save you fifteen percent or more on car insurance. Oscar mayer deli fresh ham has no added nitrates, nitrites or artificial preservatives. Now deli fresh flavor is for everyone. Like those who like. Sweet. Those who prefer heat. And those who just love meat. Oscar mayer deli fresh. A fresh way to deli. This wifi is fast. Oscar mi know li fresh. I know i know i know when did brian move back in . Brians back . He doesnt get my room. Hes only going to be here for like a week. Like a month, tops. Oh boy. Wifi fast enough for the whole family is simple, easy, awesome. In many cultures, young men would stay with their families until their 40s. Neil all right. Were getting some scary figures coming out of north korea right now that maybe theyre not intent on following up with the promises and commitments to denuclearize. The original start of this was the secretary of state pompeo going to north korea and getting what he thought was a favorable response to a lot of requests that we set a timeline for this denuclearization and then his tactics were deemed gangsterlike. He went on to say that the world world is gangster if thats the case. The president says he has full confidence that kim jongun will honor the deal. The read from tara maller on this. Whats going on . Whats going on . First thing is first. There were never any really significant promises in any fashion in the summit with President Trump. So i think that right now were sort of where we would probably expect to be, which is that any sort of negotiation is going to take a long time. Its going to be difficult and were hitting road blocks. We sort of had the administration touting success out of singapore but there is not much that they left with than just a general statement about denuclearization, which both sides have different definitions of. Where were at is the typical north korea playbook. Going back on their word, changing what they said. The administration is going to need to keep pushing forward, keep maximum pressure on and its going to continue to need to go forth with a diplomatic process. Its not easy and theres no guarantees. Neil what was weird, tara, none of this involved kim jongun who apparently never met with secretary of state pompeo when he was there. So this wasnt kim jongun speaking or saying this. No officials were told by the secretary of states office, aired any of these concerns about being pushed into a corner or, you know, gangster like behavior until he was well on his way flying to tokyo. What do we make of that . This inflammatory rhetoric after conciliatory gestures is not unusual. To be quite frank, out of these meetings, we havent seen anything concrete. We havent seen north koreans being willing to give a formal declaration of their sites and material. Thats what id be looking for as the first genuine step before we get to a timetable of any phase of denuclearization. They need to be honest and transparent about what they have before we can get to what is going to happen to it in an exchange for what. We havent seen that occur yet. So were very, very early in this process. I think secretary pompeo probably has had lower expectations than President Trump. I think hes probably right to have those lower expectations. I think it was a mistake by the administration to tout singapore as a success in terms of what came out of it. It was a success in terms of easing tensions, laying the ground work for diplomacy and thats all a good thing, but nothing concrete was agreed to. President trump is talking about promises that were made in a handshake. In the world of international relations, promises in a draft statement and a handshake in front of a camera is not a concrete agreement and there were Little Details to that. Neil not yet. Tara, thank you. Good seeing you. Good seeing you. Neil heres something that in which the world can agree. Optimism that all of those boys and their coach will be out hopefully by tomorrow in thailand. Eight of the 12 are and their coach. Jeff paul, what can you tell us . Neil, it was jubilation today as the helicopter drops off boy by boy, transferring them to an ambulance that took them to a nearby hospital. They joined four of their teammates that are already recovering and were rescued just the day before. Were also learning more about todays mission. Seems that the mission went smoother today. Took nine hours compared to the 11 hours of the day before. The thai governor spoke earlier today saying the team was more prepared for what was going on. He said the boys were conscious and in good health and getting food soon. We also know that one of the thai officials that spoke after todays rescue said theyre thinking about changing up the rescue tomorrow to maybe accommodate for five members. That would be the four boys and the coach that currently remain trapped inside the cave, neil. Neil jeff, thanks very much. Jeff paul reporting from thailand. Again, if that is the case, it would be one more than the usual number that they had, the four boys picked up and rescued today, four yesterday. If they get the four tomorrow and the coach, that would wrap it up. Of course, theyre trying to beat heavy storms as jeff pointed out. That is something that would make a cave rescue right now with the water accumulates fast and dicey. Tomorrow is the day that theyre going to try to wrap this up. Well see. Its happened again. The second time in really almost as many weeks for the majority leader of the u. S. Senate. Mitch mcconnell shouted down by hecklers outside a restaurant in louisville, kentucky. It keeps happening and why. How do republicans plan to fight back . After this. Youre headed down the highway when the guy in front slams on his brakes out of nowhere. You do, too, but not in time. Hey, no big deal. Youve got a good record and Liberty Mutual wont hold a grudge by raising your rates over one mistake. You hear that, karen . Liberty mutual doesnt hold grudges. How mature of them for drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Liberty mutual insurance. Liberty. Liberty. Liberty. Liberty. With tripadvisor, finding your Perfect Hotel at the lowest price. Is as easy as dates, deals, done simply enter your destination and dates. And see all the hotels for your stay tripadvisor searches over 200 booking sites. To show you the lowest prices. So you can get the best deal on the right hotel for you. Dates, deals, done tripadvisor. Visit tripadvisor. Com until her laptop crashed her salonthis morning. Or weeks, you never know what the days going to bring when youre running a small business, it might even bring a blue screen of death. Having it problems . Ask a business advisor how to get virus and spyware removal, and 24 7 tech support. Office depot now offers on demand tech support for as little as 15 a month. Right now, save 300 on our hp 2in1 laptop bundle at Office Depot Officemax neil all right. Its happening again. This time, Mitch Mcconnell. It happened to him before outside a restaurant. No republican can seem to get any peace. What is happening to the political process now . The latest after this. Abolish ice. Neil scary encounter for Mitch Mcconnell. Second time in as many weeks where hes been accosted by protesters, in this case those in favor of abolishing ice. One said that we know where you live. Rnc chair woman ronna mcdaniel. It keeps happening is. There any official republican response to this . Were asking for democrat leaders to denounce this again and again. Were continuing to see these groups form around republican members of congress or cabinet members at their homes, restaurants, this is not the new norm. I dont these group will listen to me but i am going to say to democrat leaders, you need to be vocal and do it over and over again, denounce these crowds or these mobs who are confronting republicans in their homes and in their restaurants when theyre having private time with their families, this is not okay. Its going to take schumer, pelosi and other democrats to step up and call it out. Neil im wondering, one of the people protesting with Mitch Mcconnell said we know where you live. He was there. Im worried how easy this would be to escalate and what can be done to deescalate . Weve seen the extreme with the shooting of steve scalise. Weve seen the most egregious form of political discord can come when you see someone shooting a congressman because you disagree with his politics. Now were seeing Democratic Leaders like Maxine Waters ramp this up and call for these crowds and call for an escalation. Neil and in the Maxine Waters case, Chuck Schumer did call her out. He did. Neil and nancy pelosi dialled it back. But we saw the racial related incidents in charlottesville. But how do you get everybody to dial it back a notch . Lets say about charlottesville. We did respond and the rnc passed a resolution condemning the events in charlottesville. Chuck schumer was late to the day against Maxine Waters. They have to do it over and over again. They have to be vocal and out front of it. It will take democrats and republicans. If this happened to a democrat, ill be out there doing this, too. This is not good for our democracy. We can have a difference of opinion and be respectful of people in their homes and families. Otherwise, how can we get good people to run for office . This cannot be the new norm. Its dangerous and it will escalate. It will take democrat leadership to stop this and i dont see them rallying for people to deescalate this type of behavior. Neil back to the president s Supreme Court pick that he will announce later on tonight. Hes made that decision. By the way, do you know what it is . I dont. I dont. I dont want to know. I want the surprise. Neil already the democrats have stated this is a lopsided thing. Why didnt republicans wait. I think guess thinking their chapses would be better after the midterm elections. Theres a possibility that they pick up seats in the senate. But is there a rush to this . Absolutely not. The elections have a consequence. President trump was elected, voters knew he would fill the scalia vacancy. That is the job of the president. We need nine justices on the Supreme Court. Democrats have changed their tune on this. He brought democrats in last week to talk to them, heidi heitkamp, joe manchin. He sought their input. This is good for our country and our democracy. I hope the senate will vote on this quickly and that democrats will cross the aisle and vote for the president s nominee. Neil youre financially in a position, republicans in general, in good shape despite the talk about a blue wave coming. As things stand now, the Republican National committee has five times as more cash than the democrats. How do you spend that . Where do you prioritize with that . Are you looking at vulnerable house districts or how are you playing it . Yeah, the house districts that will be competitive and the senate seats where we can put up senators in ten states that President Trump won and we have democrat incumbents. Were on the ground and knocking on doors and engaging in neighborhood conversations, talking to our friends and the importance of this election and talking about the results of this presidency. We have 500 staff on the ground and over 20 million voter contacts. Thats how we win, conversation by conversation. Turning the votes out to keep the majorities in november. Neil as someone that runs things for the party, that if the trade war is not resolved soon, it could hurt you in november . People could lose jobs and farmers that could see a slide in prices. You had your druthers, im sure youd rather this wrapped up soon, right . I want to see our economy to be robust. Believe seen great jobs numbers. More people are entering the jobs force. Youre seeing record unemployment for hispanic and African American communities. We need that going into november. Thats a huge list for us. The president is doing the right thing saying we have to engage in fair trade. Hes he wants free trade. He said lets get rid of the tariffs. He said at the g7, lets have true free trade. The United States has been on the wrong side of this for too long. Our allies have not traded fairly. Its time for the president to take a stand. Hes negotiating and this will be good in the long run. Neil we shall see. Thanks, ronna. Thanks for having me. Neil meantime, the issue as whether donald trump should at any point in time sit down with bob mueller. Why that might be deemed a bad idea no matter what guarantees are made. No matter who rides point, there are over 10,000 allstate agents riding sweep. Call one today. Are you in good hands . [voiceover] this is an urgent message from the International Fellowship of christians and jews. There is an emergency food crisis for elderly Holocaust Survivors in the former soviet union. This is a fight against time. What were dealing with is coming out, meeting someone whos 85, 90 years old, cant get around, has no food, has no water, and just wants to give up and die. And thats where we come in. We are called to comfort these people, to be a blessing to their lives. 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Your one chance to have new jumbo snow crab with tender dungeness crab. Or try crab lovers dream. Sweet, juicy king crab and jumbo snow crab cozied up with crab linguini alfredo. Even our shrimp is crabtopped so hurry in and get your butterdunkin game on cause crabfest will be gone in a snap. And now bring home the seafood you crave with red lobster to go. Call or order online today. What is the basis for this investigation . We dont see any. You show us something, well have something to answer to. Otherwise, its an illegitimate investigation. Neil rudy guliani indicating today theres very little to put much stock in with the investigation as he sees it. And very little indication if theyre moving forward to sit down and talk to investigator mueller and where things stand. Jenna ellis joins us on what shes seeing. Jenna, doesnt look like a bob mueller sitdown with the president will happen. I dont think it will either. I think that rudy guliani is giving President Trump the exact correct advice. I would do the same thing. Were over a year in the investigation and if theres not one piece of evidence to show that theres any basis to this, then why go and risk that . Were at the point now where Robert Mueller is probably getting pressure. This is his only case. Most special prosecutors deal with this plus a full docket. So hes under pressure to find something. Thats when well get wrongful convictions. If we look at the high profile cases in the last 20 years like duke lacrosse, when you have high intensity and scrutiny, the prosecutors are looking for something rather than doing their job. Neil and youre trying to find out what that something is if youre rudy guliani as if the mueller folks will tell you that. So looks like a mexican standoff. Its not going to happen, right . And it wont. Why should it . If the president is smart and hes very smart, this is a fishing expedition on muellers part to bring back more attention. So the fact that were talking about this as the American People a year after the investigation commenced, its time to wrap up and say no, this isnt going to happen, theres nothing here, move on. Neil its a separate issue. I wanted to bounce this off you. Were told now peter strzok will be on capitol hill thursday of this week, the day before were learning that lisa page will be deposed by the House Committee in a closed session. I dont know what that is about. I know theres in noise about their royal and how partial they were against then candidate trump. So i dont know what will come of the questions or the revelations. What do you make of this . If you look at the intense scrutiny on President Trump and yet theres not one shred of ed that he did anything wrong or collusion and the mountain of evidence in the inspector generals report that shows clear bias, there should be something that happens. Hillary clinton should be indicted if the process is working fairly and with equal justice under the law. Thats what the American People really want to see, is that there isnt favoritism, if youre republican or democrat. The law is the law. If you break it, youre head accountable. If you dont, youre not wrongfully prosecuted. Neil but you dont know what mueller has. We dont. But nothing is come to light. If he had something, wouldnt we have heard it before now . Neil i dont know. Wouldnt he announce it when everything is together . Potentially. These prosecutions this high profile, not only would he have heard something but he would have submitted to it a grand jury but filed a complaint and charges. Probably he doesnt have much. Neil we shall see. Thanks very much. Thank you. Neil and were a little more than four hours away from the Supreme Court pick. The president will announce that. The read after this. I am all about living joyfully. The new united explorer card hooks me up. Getting more for getting away. Traveling lighter. Getting settled. Rewarded learn more at theexplorercard. Com you shouldnt be rushed into booking a hotel. With expedias addon advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. Addon advantage. Only when you book with expedia. Addon advantage. Youre smart,eat you already knew that. But its also great for finding the perfect used car. Youll see what a fair price is and you can connect with a truecar certified dealer. Now youre even smarter. This is truecar. Neil all right. Were told the president now knows and settled on a pick for replacement for Justice Kennedy. Hes going to announce it to the world at 9 00 p. M. East entime. Well cover that on fox business. Meantime, wisconsin solicitor general, michia is here with us. Thanks for having me on. Its interesting because it could be outside this four names. Only one was called again after a meeting, i think i. That was Thomas Hardiman. Others might have been. Excuse me if i missed that. That could be a clarification of something or a follow up on something. What are we to make of any of these picks, mr. Hardiman included . Well, obviously theyve all been carefully vetted and putting together the Supreme Court list to begin with and interviewed by the president and by other very serious people taking this decision seriously. I think the republicans have learned from some prior nominations how important it is to carefully analyze these picks. So im sure who will be selected will be carefully vetted. Neil that means having a careful written judicial record to go on, opinions and dissents. That would favor a brett kavanaugh, not amy coney bennett. Shes only been on the bench six months. Why do you think the conservatives want that opinion . Obviously the experience of the Justice Souter has seared many conservatives to those with a light record. A written record comes in many forms. As you mentioned, judge kavanaugh has a long track record of originalist texturalist opinions. Judge barrett was an educator. Its putting your name to something. Its not taken lightly like Justice Souter was. Neil and that raised some concerns for judge barrett, her arguing in support for Supreme Court justices voting to overturn precedent when they fundamentally disagree with it. Did that or do you think that put her in conflict with chief Justice Roberts who were told is not such a big fan of revisits present . The only reason i mention it is the context of roe v. Wade. What do you think of it . All of the Supreme Court justices vote to overturn precedent based on a series of considerations. Just this last term, the chief justice in his opinion in the travel ban case made clear that karmatsu had been overturned. And internet taxation by states a precedent that was even older than a majority of the court, including joining in the opinion by Justice Kennedy. So while all justices respect precedent, all justices agree theres points at which precedent needs to be overturned. So nobody has an absolutist view about this. Its generally an allthings considered inquiry and everyone thinks that at some point a precedent needs to go. Neil slavery is a good example of how they overturned that precedent. How successful you think this will go . Whoever is chosen tonight has a good chance of passage. It depends on the individual. Right. Obviously there is a process that happens. You know, generally nominees do well in that process. Sometimes not so well. I think that depends on how strong theyre vetted in advance. The fact that President Trump has a list that he was choosing from that was vetted and had another vetting process bodes well for the selection being confirmed. Neil thanks very much. Well have a good idea four hours away. Well take you through 10 00 p. M. And beyond on the implications of all of this. For you, yeah, your money and the markets, too. Con at t provides edgetoedge intelligence, covering virtually every part of your healthcare business. So that if she has a heart problem the staff needs to know, they will theyll drop everything can you take a look at her vitals . Share the data with other specialists yeah, im looking at them now. Theyll drop everything hey. Take care of this baby yeah, that procedure seems right. That one too. At t provides edge to edge intelligence. It can do so much for your business, the list goes on and on. Thats the power of. When your patients tests come back. This is a story about mail and packages. And its also a story about people. People who rely on us every day to deliver their dreams theyre handing us more than mail theyre handing us their business and while we make more ecommerce deliveries to homes than anyone else in the country, we never forget. That your business is our business the United States postal service. Priority you jesse im Jesse Watters with kimberly guilfoyle, juan williams, dana perino and sean hannity. Its 5 00 in new york city and this is the five. Fox news alert. It is decision day for President Trump. Four hours from now, he will announce his Supreme Court nominee. A bold move that could reshape the high court and country for a generation. Cement his president ial legacy. Sources saying that President Trump is made a final decision after a
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