Selloff. The dow industrials down 36 points, nasdaq up 61 and s p higher by 3 and a quarter. This as we await testimony from treasury secretary Steven Mnuchin and Federal Reserve chairman jay powell today, both on capitol hill later today. This follows a huge selloff yesterday sparked by an open Supreme Court seat and impact of it on the ledge Kellyanne Conway slalegislative agenda. Dow indusn 500 points, nasdaq lower by 14 and s p lower by 38. The state of our cities, the department of justice naming three major cities anarchist jurisdictions that could lose federal funding due to ongoing unrest. Rudy giuliani is back with us with his take on all of this. Then, fine on the field, nfl handing out massive fines for mask violations, all the numbers coming up this morning. Women and wellness, how some are expanding business while keeping their cool in the era of coronavirus. Super model Kathy Ireland is here with lifestyle tips you dont want to yo miss. Mornings with maria is live right now. Global markets this morning look like this, we have a mixed story and you see the european indices higher across the board, fq100 up 18, cac up 9 and dax higher by 116 points right now, almost 1 . The u. K. Mulling another lockdown as covid cases spike in britain. Bars there will close early and more people are encouraged to work from home. In asia overnight, red across the board. Take a look at the losses, markets dragged by lockdown fears and Global Banking selloff, japan was closed overnight for a holiday, the kospi index down better than 2 and the shanghai down 1 and a quarter percent. Some of the top stories were watching this morning right now. President trump slamming joe bidens record on job creation during a rally in dayton, ohio yesterday, accusing him of selling out American Workers. With every decision joe biden twisted a knife into the hands and heart of the American Worker but these you brutal betrayals ended the day i took the oath of office. Thats true. Maria meanwhile, biden is accusing the president of being a park avenue elite. Watch this. Basically all he can he see is wall street. Do you think wall street built this country . Well, let me tell you. You think that donald trump as donald trump does, that handing out a 101. 5 trillion tax giveaway, primarily for large corporations and wealthy qualifiers is an economic plan. You think like trump that 15 an hour is too much for americas essential workers. Maria President Trump set to make a Campaign Stop in pittsburgh later today. Meanwhile, the nation set to honor Supreme CourtJustice Ruth Bader ginsburg who will lie in repose at the Supreme Court tomorrow and on thursday. She will be the first woman to lie in repose there and on capitol hill. This as the battle over her successor reaches a fever pitch in washington. President trump meeting with judge Amy Coney Barrett yesterday. The president said he will announce his pick to fill ginsburgs seat by saturday. The center for Disease Control facing questions after it decided to remove the guidelines posted on friday that said that the covid19 virus can be transmitted through particles that linger in the air. The agency now says the guideline was posted in error after an early draft of a proposed change was suggested. The cdc stressed while its possible this type of transmission can occur, close contact is still the primary way covid is spread. China unlikely to approve the current deal for oracle and a walmart to acquire a stake in tiktok according to a state backed newspaper in china, in the editorial the global times reports that the deal hurts chinas National Security interests and dignity. The deal would have oracle become responsible for hosting all u. S. User data. Inside oracle, sources tell me while bytedance currently owns 80 of the transaction, that number drops to 53 and after an ipo the chinese ownership is expected to drop to the 30 of range. Markets are mixed. Take a look at futures, we have weakness for the dow industrials. The nasdaq is strong, up 63 points right now, twothirds of 1 . Concerns about a second wave of coronavirus, uncertainty on capitol hill slammed stocks yesterday with the s p and nasdaq seeing a fourth day of losses, marking the longest losing streak in seven months. Joining me now is point bridge finder and ceo, the creator of the maga etf, hal lambert. Great to see you. Thanks for being here. Joining the conversation this morning, fox business Dagen Mcdowell and pollster and the president of maslansky and partners, lee carter. Great to see you ladies, thank you for being here. Hal, we want to kick it off with you. Let me get your take on the impact of this vacancy on the Supreme Court. A lot of wall street notes yesterday talking about lots of questionable results now of a legislative yo agenda. How does this Impact Business and finance from your standpoint . Well, i think it makes it difficult the to get that stimulus package done. You know, the other thing theyve got to do is the continuing resolution. I think that will happen. Thats got to happen, obviously, to fund the government. Thats going to be the number one priority over the stimulus package at this point. I think the Supreme Court nomination is going to take all the oxygen out. Again, i dont know that democrats really want a deal on a stimulus package right before the election. I think they would rather just let people wait it out and, look, their view right now is the ends justify the means. You can hear it in their tone, you can hear it in their words. I think if people get laid off, were talking about the airlines with more layoffs, i think they would view six weeks of layoff as worth it if they can get President Trump from being reelected. I dont see a stimulus going through. Maria i think thats why the markets were so weak yesterday. Wall street analysts were trying to model portfolios and model expectations for the rest of the year but its all up in arms and a real uncertainty now with an open Supreme Court seat and most people said to me yesterday, forget about a cares 2 act. I think they didnt want a stimulus package before this. Now its really dead in the water. I totally agree. And so right now i think the number one driver of the markets from here is going to be the election and whether President Trump can pull this out. If it looks like kind of midoctober that its breaking his way, i think you could see the markets rally off of that and the Supreme Court nomination is part of that calculus. So if the republicans can get a Supreme Court nominee through the process, i think it helps them. It helped them look, this helped the republicans in 2016 with scalias seat. I think it helps republicans more than democrats here. Maria yeah. I think youre spot on on that. I dont think that the markets would be near record high ifs there wasnt a belief that he would continue these policies, that is President Trump. Although were seeing some real volatility now. Tell me about your etf, you call it maga etf, make America Great again. What are the sectors you believe will outperform . Is that what this maga etf is, the sectors you believe will outperform under a trump presidency, second term. This etf is the alternative thats out there for the other esg type investments that are really driven by far left policies. This is an alternative for conservative investors to invest in companies that are supporting republicans to get elected to federal office, republicans in congress as well as President Trump. This is a way for investors to put their money behind companies in the s p 500, you have to be an s p 500 company that are trying to get republicans elected versus, say, nancy pelosi elected. Thats what this is really about. The number one yeah. Maria yeah, go ahead. And you predict the number one sector is industries. Maria you think airlines, restaurants, hotels will bounce back once theres a vaccine. I do think that. I think if you look out right now, the number one driver of the market as Everybody Knows has been about five or six stocks in the tech space. If you look at the other 495 stocks in the s p 500, as far as july 31st, they were negative on average versus the other stocks, up 35 . So i think theres going to have to be some other leadership in the market. If people want to play the vaccine which it looks like were going to get one here, the stocks that lagged that ought to benefit the most on this are Airline Stocks as well as restaurants, hotels, Even Companies like hca that do elective surgeries, those types of stocks have lagged. As we get that vaccine in, i think its really going to help, looking out six months from now on those sectors. Maria all right. Hal, great to have you on the program this morning. Thank you, sir. We will keep watching. The morning mover, check it out. Tesla, the electric car maker holding the annual Shareholder Meeting today. The stock is under pressure going into those events as elon musk said new improved batteries are unlikely to be mass produced until 2022. Tesla shares right now down better than 4 . Were just getting started. Coming up, we will have the top stories investors are watching this morning with the word on wall street. Dont miss it. Former new york city mayor Rudy Giuliani is here to talk about the new labeling of new york city as an anarchist jurisdiction. In the 8 00 hour ill speak with Kevin Mccarthy, he will lay out the legislative agenda along with white house chief of staff mark meadows on the battle over the Supreme Court and the open seat. Plus, a programming note, my exclusive interview with the chairman of oracle, Larry Ellison, on his companys potential blockbuster deal with tiktok, it all happens tomorrow in the 7 00 a. M. Hour, dont miss my exclusive with Larry Ellison. You are watching mornings with maria live on fox business. Still your best friend. And now your copilot. Still a father. But now a friend. Still an electric car. Just more electrifying. Still a night out. But everything fits in. Still hard work. Just a little easier. Still a legend. Just more legendary. Chevrolet. Making lifes journey, just better. Maria welcome back. Replacing Ruth Bader Ginsburg, Senate Majority leader Mitch Mcconnell secured gop votes to move ahead with a replacement for the late Supreme Court justice. House Speaker Nancy Pelosi says she will not rule out using impeachment to halt a potential vote over the weekend. President trump welcomed the challenge during a Campaign Rally in ohio. Watch. Now they want to impeach me again if i nominate somebody as im constitutionally obligated to do, to serve on the Supreme Court of the United States. Go ahead. I want them to do that. Im the only guy in the world that could get impeached for trying to fill a seat in the Supreme Court. Maria President Trump says that he will reveal his pick by friday or saturday this week. Joining me now is writer at the federalist, emmy dashinski and former National Security official, michael anton. Let me get your take in terms of the president s obligation to name a replacement and whether or not the democrats have a case here in terms of saying that theyll move to impeach. Right. I dont think they have a case on impeachment in terms of principle or in terms of politics. It will be kind of fascinating to see if they learned their lesson from the entire impeachment fiasco earlier in this presidency. The lesson that they should have learned is that there were excesses of their antitrump obsession, but i havent seen them learn a lot of lessons over the course of his presidency from their errors, which they have made. So i dont think they have a good argument in terms of politics or in terms of policy. Something that scares the living day light ows o out of me, were looking at a possible bush v gore situation again where well need the court to make an important and urgent decision after the election and it should be operating at full capacity. I think when the president uses language like his obligation to fill the vacancy, that really works with voters. So i dont think on either the principle or the policy level this is a good argument for the democratic party. Maria its just incredible, michael, because we know how close the polls are and if we were to have a contested election, what happens then . Who is the ninth voice . What happens . The ninth voice will either get confirmed before this election or not. Another not much talked about power i personally hope the president names a strong nominee and the senate acts on it and the senate has been speaking confidently they have the votes and they can get it done before the election. If they dont, the president has the constitutional power if the senate goes into recess to make a recess appointment to the court to ensure a nine member court in the post election scenario, to make this ruling. That recess appointment would last until the end of the next session, which would be late next year and or until the next president , whether thats donald trump reelected or joe biden replaces the justice. One way or another, this president has the constitutional power to appoint another justice of the Supreme Court and ensure a nine member court for whatever post election scenario unfolds. Maria well, of course. The latest polls from Politico Morning Consult and reuters both show a majority of voters support waiting until after the election to pick a Supreme Court nominee, michael whavment do you what do you think that says. Whether the polls are accurate or not. Weve seen in recent years polling not being super accurate. The polls that matter are elections. The last two elections are 2018, voters returned republican control to the senate. 2016, voters elected donald trump to be president of the United States. Those are the two most recent elections. They give the executive branch to a republican to appoint constitutionalist Supreme Court justices and they deliver to the senate to republicans to confirm constitutionalist Supreme Court justices. The last two elections show the voters want the Republican Party to make Supreme Court appointments and confirm them. Maria thats a very good point. Its an important one that is not the way we govern. What about governing right now, emily . Theres a fight over government funding, this is another issue. Thats why markets reacting the way they did yesterday. House democrats are prepared to introduce a shortterm spending bill to keep the government open through december 11. It doesnt include a white house request for farm aid or Additional School lunch assistance. Senate Majority Leader Mitch Mcconnell calling the bill, quote, shameful. Does anything get done in the face of the absence on the Supreme Court . Will we be able to avoid a shutdown . End of the month is the deadline. I think we will be able to avoid a shutdown. Its such a shame we have to go through this every time, every fall, every time we need to get legislative passed by deadlines in terms of funding because they just play politics with it. Nobody can agree on any of of it. We end up funding the government that leaves us further in debt for decades and decades to come. The fights are so ridiculous, its so exhausting. I think if the American People were here in washington, d. C. And saw what was happening behind the scenes they would be more exhausted by the entire process. I think we can expect a deal to be made on this. I think both parties are eager to move onto the confirmation battle and to move onthe election in general and maybe thats not everybodys job in the house and senate but theres a lot that goes on for the lawmakers during election season, whether thats campaigning or whether thats spreading their partys message. I think both parties want to move on and they will come to a deal on this. Maria you would think so. Emily and michael, great to see you both. Thank you so much. Well keep following it. Stay with us. Well be right back with a lot more. Give you my world how can i, when you wont take it from me you can go your own way go your own way your wireless. Your rules. Only with Xfinity Mobile. Maria welcome back. Tiktok uncertainties, a proposal over the weekend which the president blessed giving oracle and walmart a Minority Stake in the u. S. Operations of popular app tik