we might need to exchange gifts 6 feet apart, and leave the doors and windows open. that is what cd c told us last friday, but sunday we heard, hang on. it is really too soon to know what the holidays will loop like. then month -- will look like, then monday. cdc withdrew the guidelines, citing what they called technical issues, that makes my head hurt trying to follow that. i understand that guidelines change. as our understands of the virus changes, but changing 3 times in the course of a weekend, that is just sloppy. where are we with this pandemic? as we approach the season of miracles is there cause for hope we might finally be seeing the light? dr. marty mccarry from . thank you for joining us. can you give us a sense of where you think we are in terms of this pandemic? >> sure, well, certainly the numbers of way down we're at about 35% off or peak. delta wave is last final wave many of us believe, there is a small segment of the population with no immunity, it is burning through that population and quickly, overseas in india where they had almost no no if was a boom or buffett. boom bust. trey: main of us trying to learn the greek alphabet, we thought it was going to be one variant after the other, but if i heard you correctly, this delta may be last big wave. >> right. if you look at the variants we had all of which are encompassed by the immune system, it may not be antibodies look at cellular immunity is is powerful and effective long-term, dr. anthony fauci is afraid to be caught wrong. there is probably a magic number, that will give you long lasting immunity with vaccines, but natural immunity is durable. we think that the delta is the last variant. trey: if that is the case. we hope it is. what is your perspective on the proposed vaccine for children? is it soon going to be available. should parents give consideration to that, what is the message to parents, hesitant parents and nonhesitant. >> vaccines are a tremendous breakthrough, i recommend them for people without natural immunity. but remember there are therapeutics also. we got a game changer last friday, so remarkable. no one who got the pill died. we have to talk about both, with vaccines first let's help each other's decisions. in general covid is a vaccine preventible illness in children, in kids 5 through 11 we're probably seeing an authorization around halloween. i would recommend it maybe one dose for those who are hesitant and we have concerns about young boys. i recommend one dose in adolescents for now. trey: we thought of medicine very precise. there is a right answer. then some when we see the fda voting, just like a senate or a house, voting on the booster shots, they may vote on other matters. i'll speak for myself, it leaves me thinking maybe there is more art to medicine, maybe not this exact science that i have believed it to be? >> well many of us were concerned with vaccine approval say for example teens. they bypassed their external experts that bothered many of us, for many different perspectives on how to deliver vaccines, who benefits, we have never gotten good date on the risk to healthy kids, turns out it is very low. i think many people are looking at fda saying this is the most political process in history, for example a life saving drug, why are we now just getting an authorization application submitted. it was developed last year, but it could have save lives. trey: thank you for coming on, thank you for giving to us straight. let's hope the holidays will be better than last, thank you so much for joining us. >> thank you, trey. trey: is our child welfare system failing the very children it purports to serve? what is in best interest of the child? who gets to decide? that is next on "sunday night in america." this is wealth. ♪ ♪ this is worth. that takes wealth. but this is worth. and that - that's actually worth more than you think. don't open that. wealth is important, and we can help you build it. but it's what you do with it, that makes life worth living. principal. for all it's worth. 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children are the least powerful political constituency. what happens when children become pawns and the games adults play? naomi rylee has studied this issue. senior fellow with independent women's forum and author of the new book, no way to treat a child. miss rylee is the best interest of the child still the legal standard that decision makers claim guides them? >> thank you, trey. it is still the legal standard. unfortunately it is not being followed here too often the decisions about what happens to a child who has been abused or neglected are made in the best interest of the whole family. even the people who actually committed, horrific crimes of abuse or neglect. they are the people whose lives we're considering when making decisions about whether to remove children or replace them with their family or their own family. trey: we do everything possible to separate the woman from violence. is that true with children? to we do everything we can to remove them from the violent atmosphere? >> absolutely not. we have a real double standard with domestic violence versus child abuse. many people would say, children are best raised with their own family, and in any part of political spectrum who could object to that. we have to know what kind of parents we're dealing with and what type of parent they are, many cases they suffer from mental health or substance abuse issues, we talk about the drug crisis here, it is the drug crises that drives the child wear well prices here. trey: do you address allegations of racism in various child welfare systems. >> absolutely it is hard to have any conversation about welfare without hearing accusation that our system is systematically racist. saying we have more black children taken out of the home, that must mean there is bias at work, what is happening, that black children are being mistreated, they are suffering abuse and neglect at a higher rate than their white peers, i asked people to think any not whether we should take out from their homes the perseveranc -- percentage of black children but what is the need for protecting children from harm. and when you look at it this way, you have understand that system is there to help the children, not there to exhibit some kind of bias or hurt them. trey: naomi, you mentioned that preemption bias in favor of unifying children with their biological parents, i sat there and wonders if a biological parent could put a cigarette out on the face of a child, i saw more times than i could count, there should be no presumption in favor of biological parents. you are supposed to love that child, not put cigarettes out on their face, do we still see that bias in favor of we have to keep people with their biological parents? >> absolutely. family preservation and reunification are thriving ideologies in our child welfare systems here. and so, what you see is cases where that happens. i have interviewed multiple foster parents and talk about how the children came to them with burns, with evidence of bruises. and other kinds of injuries on their bodies. the first thing that wild -- child had fair system asks, what can we start visitation, we wait endlessly. many have suffered poverty, jobless and mental health problem and substance abuse, still have to ask yourself, how long should children have to wait for their parents to clean up their act before we say enough is enough, we recognize children are on a child's timeline, months at a time back and forth to different families has a huge impact on them. trey: no way to treat a child is the book. naomi shafer rylee, thank you for joining us. >> thank you. >> still ahead, supreme court new term started this week, and docket includes the second amendment, abortion, religious liberty, death penalty and fbi surveillance. all the while public approval. the court is at an all-time low. what we can expect from the nation's high court, next on "sunday night in america." (vo) singing, or speaking. reason, or fun. daring, or thoughtful. sensitive, or strong. progress isn't either or progress is everything. trey: welcome back to "sunday night in america," for over a hundred years first monday in october has marked the beginning of supreme court term. as some things have not changed, justices still black robes and sit in order of seniority. what has changed is power of the court to affect wait change in our country, when compared to other two branches of government. the media and we have also changed. look at headlines reminding us new court term beginning, count number of times you read words divisive, explosive, controversial, limitation of rights and restriction, media will tell you conservative justices top limit or restriction our freedoms, but liberals want to empower you. we need accurate headlines, not sensational ones, accurate headline would site belief that certain unseen rights exist number of rights we can see, that is boring but life more complicated than a tweet or headline, media picks clicks over completeness every time. we should not, we should insist on accuracy and fairness. the court is not a legislature, the court can say what the law circumstance but not what the law should be. that is a quote from the opinion rendered by a current supreme court justice, what about you? as the debate rages between what rights do and do not exist, the most important right of all seems minimized. that is the right to decide for ourselves. through the democratic process. the judicial branch has become more important than legislative branch, that leads us to us, convincing fi justices -- 5 justices is easier than convinces 150 million of our citizens. because our expectations of the court have changed, so too has opinion of the court, it is at an all-time low, maybe we expect the court to decide things it was never intended to decide. things we are supposed to decide ourselves. to some the first monday in october has become more important than the first tuesday in november. what cannot be obtained through elections is now solved through judicial fiat. democracy is not supposed to be easy, or lazy. yet the court has grown stronger. i fear it is because we have grown weaker. and the people should never be weak in a democracy. mark smith is a constitution law expert, justices tell us they are not a super legislature, but seems something they are, sometimes that is what people want them to be. >> yes, trey, i think that is true to a large extent. you can really divide this between liberals and conservatives, if you look at liberals and democrats, they view the court system as a super legislature, when they cannot achieve their democratic objectives whether it be making abortion legal or gay marriage legal, they historically would lateral that issue to the courts to have the courts declare the right, right, even though you can't find reference to them in the particular of the constitution. in contrast if you look at certain fundamental individual rights that are actually set forth in the text of the constitution, such as second amendment rights. the 3 justices that donald trump as president nominated and miss mcconnell confirm, you see their view of judiciary in role of court of different than than the left, they view the role of court to interpret the laws, they could be statutory or the constitution, that have been en packed een acted by we -- enacted by we the people, that is why you see a different view point of how different sides in country view the role of the courts in american society. trey: i want to play a clip for you, from justice sotomayor, then ask you a question on the other side. >> i can't change texas' law . but you can. you can. and everyone else who may or may not like it can go out there and be lobbying forces in changes laws that you don like. i am pointing out to that i should not, the point is. there are going to be a lot of things you don't like. you can be a flame that helps to change it. trey: i was surprised to hear this but quite candidly, i was surprised to hear republicans ask the supreme court to overturn an election. it is to me true on both sides that the expectations of what the court can do and should do has changed. to me it is gone. this notion that look, this law may be legal, a though a disagree and never would have voted for it but that is not my role, is there still a place for humility on the bench? >> yes, i think that you see a lot more of that when the conservative justices that view the role of judges, much more constrained than those on the lift, the argument -- you could have a debate of election in 2020. and lawsuit that derived from, that at end of the day it was a so-called concert the court found was there a lack of standing, rightly or wrongly, they not allow election challenges to go forward, my guess is you had a liberal court, which views courts as a super legislatessure to help advance progressive charges. i am optimistic that the current competition of the supreme court has a much more intelligence and constrained view of the royal of judges, who are unelected judges, and their role in oversees and commanding and demanding what we the people should be deciding for ourselves. trey: thank you professor, i love talking about matters, thank you for coming on. >> thank you. trey: coming up in is fighting a pandemic, troubling supply chain issues and a volatile economy with a feuding . surely we'll not all have to endure a fuel shortage. >> steve scalise is joining us next. there's a different way to treat hiv. it's once-monthly injectable cabenuva. cabenuva is the only once-a-month, complete hiv treatment for adults who are undetectable. cabenuva helps keep me undetectable. it's two injections, given by a healthcare provider once a month. hiv pills aren't on my mind. i love being able to pick up and go. don't receive cabenuva if you're allergic to its ingredients or taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions post-injection reactions, liver problems,...and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. with once-a-month cabenuva, i'm good to go. ask your doctor about once-monthly cabenuva. this halloween, xfinity rewards is offering up some spooky-good perks. with once-a-month cabenuva, i'm good to go. like the chance to win a universal parks & resorts trip to hollywood or orlando to attend halloween horror nights. or xfinity rewards members, get the inside scoop on halloween kills. just say "watch with" into your voice remote for an exclusive live stream with jamie lee curtis. a q&a with me! join for free on the xfinity app. our thanks your rewards. working at recology is more than a job for jesus. it's a family tradition. jesus took over his dad's roue when he retired after 47 year. now he's showing a new generation what recology is all about. as an employee-owned company, recology provides good-paying local jobs for san franciscans. we're proud to have built the city's recycling system from the ground up, helping to make san francisco the greenest big city in america. let's keep making a differene together. trey: gas prices are up, stock market is down. congress is debating how much deeper to go to debt, now we're warned of a potential energy shortage. gas stations are running out of fuel in europe, china is rationing electricity. do we want to add gas lines and soaring energy cost to an already beleaguered country, last week, we would like to hear from transportation secretary pete buttigieg. he obliged. >> with all those ships lined up trying to off load, we don't have the trucks to get the stuff off. what can you do about that. >> it is complex and global, it largely private sector. but we know that there is a lot we can do in this administration. that is what white house has been challenging my department and other departments to do. >> what is risk we'll not have goods on shelves for christmas. >> the challenges will continue in the months and years ahead. this is one more reason why we do need to deliver infrastructure package to have a more flexible physical infrastructure to support supply chain. trey: joining me now, executive director of georgia port authority, what is going on with the supply chain. is this a private sector issue or is there a role for government. federal government to play? >> trey thank you. >> i think first on supply chain, what is going on we need to look back about a year and a half when foreign ports shut down because of covid. the supply chain sut shut down. it is only so big this disruption is when we're feeling today forcing more cargo through the supply chain. it is only so big. regarding government side, we're talking to multiple agencies today as we speak. here in south atlantic wire we're an operating port with a strong base. we talk about supply chain relief program, looking at building a prototype, we need to do at ports is finding alternative locations for cargo on terminals way too long, we proposed something, we're in dialogue, we're we think this is something over long haul could make a big difference, we think we could stand it up short-term in next 45 days. trey: griff is there a labor shortage, or like you say 18 months of covid. i don't know if they passed to -- help kids get christmas presents, government does not move that quickly? >> no, what trap powered, after -- transpired is after the shut down did everyone come back to their jobs, they have not. that is contributing to what we're seeing here. when you look here in savannah, you can see trucks that are entering and exiting our truck gates we handle 14,000 a day, this is single largest container terminal in all of north america. and third largest port complex, we have 80,000 containers on our terminal, lining up that is 600 miles. our business is up, we'll talk it 10 to 15 years, we would expect more containers but not double the number, we have gone from 300 miles of container last summer to 600, that is a big deal, creating congestion. also we have had people move from our industry, to moving on delivering packages, instead of working in a warehouse, that is concerning. trey: thank you for having a plan to fix it. i'm not getting christmas presents no matter what. but if there are golf balls in those containers, i will be interested, i hope you success in getting this fixed, thank you for joining us on a sunday night. >> thank you very much, trey. trey: u.s. seemed destined for energy nption . >> steve scalise is joining me now. i want to ask you about our energy issues but first -- a chance to respond to secretary pete buttigieg. what do you make of that. >> first, great to be back with you. secretary buttigieg is trying to promote the massive tax and spend package, it is the biden administration that created so many supply chain problems, starting with the lack of affordable american energies, one reason that people pay 40% more for gasoline at the pump, and that prices at grocery store are higher. and because of the policies where they said, they are not gains all energy, but american energy. you want you pointed out president biden comes in kills keystone pipeline and all those jobs, puts a moratorium on drilling in america but begs opec and russia to drill more, if it were about saving the planet, we do it better than anywhere else. we can't get the goods we need. if you want to buy a microwave often, you will pay 30% more and wait 6 months because president biden flipped this upside down creating they problem. trey: it has been a tough 18 months for the nation with the pandemic and economy. i don't know that we could handle an energy shortage right now. in light of everything, how did we avoid that happening? let's get to what was working, when president biden walked in door we were energy independent, we had enough for america and exporting to our allies in the world, now they have to get it from energy like russia, that is where president biden went out and far left pulled him so far, they said let's kill american energy but they exempt china from ul of the regulations and beg opec to produce more. it is the low income family that pay the biggest price for this inflation we're seeing. trey: steve, it seems like certain pockets on the left have real disdain for fossil fuel industry, i wonder where they want the men and women in louisiana who work in that industry, where do they want to go to work if they end the fossil fuel industry? >> right? it is elitist washington attitude, don't worry you have a great career making over 100,000 a year producing energy. you can install solar panels, you will 40% less and look what they did solyndra. in in package of bills they have over a hundred billion dollars in -- style slush funds to give to their friends. china is the winner. it is a most perplexes crazy policy i have seen. trey: steve, thank you, i know you will stick up for those folks and louisiana and in energy industry. thank you. >> great to be here. trey: vice, virtues and values, what was once frowned upon here is now embraced. and what was once encouraged is now ridiculed. who gets to decide what the values are, we discuss it next on "sunday night in america." wealth is your first big investment. worth is a partner to help share the load. wealth is saving a little extra. worth is knowing it's never too late to start - or too early. ♪ ♪ wealth helps you retire. worth is knowing why. ♪ ♪ principal. for all it's worth. regina approaches the all-electric cadillac lyriq. it's a sunny day. nah, a stormy day. classical music plays. um uh, brass band, new orleans. ♪ ♪ she drives hands free... along the coast. make it palm springs. ♪ cadillac is going electric. if you want to be bold, you have to go off-script. experience the all-electric cadillac lyriq. got directv stream. if you want to be bold, you have to go off-script. now we can watch live tv and on demand. serena... scary movie... serena... scary movie... serena williams ready to serve. ahh! quiet, please. triple match point serena williams... this is her moment. ahh! quiet, please. ahh! quiet, please! get your tv together with the best of live and on demand. introducing directv stream, with no annual contract. ighting for one goal, this one mission, life. i get to keep her. we get to have her and enjoy her. and she gets to grow up, which is the best gift anyone could ever give. centrum multigummies aren't just great tasting... they're power-packed vitamins... that help unleash your energy. loaded with b vitamins... ...and other key essential nutrients... ...it's a tasty way to conquer your day. try centrum multi gummies. now with a new look. ♪ it's grilled cheese time. ♪ ♪ yeah, it's time for grilled cheese. ♪ ♪ after we make grilled cheese, ♪ ♪ then we're eating grilled cheese. ♪ ♪ because it's time. ♪ ♪ yeah. ♪ ♪ time for grilled cheese. ♪ trey: tonight, being a great country includes acknowledging commonly shared virtues, that we encourage and expect from one another. i look at current state of our culture, i see more relativism than virtue, what about you? what do you see? honesty used to be a virtue, but too often we see deception and denials, when the truth does come out there is neither consequence or shame for that person who was dishonest. fair -- used to be a virtue, respect use will to be a virtue, activist followed a u.s. senator into a bathroom stall. and filmed the exchange. a politico reporter scolded family of a murdered marine for taking a our of the capitol without a mask. a marine is killed, serving this country. and the highest and best use of your twitter account is scolding them for touring the seat of government, she died defending? i hope you enjoy your first amendment right. madame reporter, it was the secured. at a very high cost. humility used to be a virtue, we hear politicians from both parties claim they won what they did not, and claim there is no way they could lose. what could be more -- than claiming you can never lose, every great person as lost at some time at some thing, we criminalize certain behavior to punish and deter that behavior, we have plenty of crimes here, we don't need more conduct designated at criminal. what we need is a different kind of policing. a self-policing if you will. we all make mistakes, which is why forgiveness is also a virtue, but with forgiveness should come a change in behavior. and right now, looking at the political culture in our country? this is hard to see much virtue. we may practice it in our own lives, but we don't seem too demand it from others, those who claim to represent us. joining me now coanchor of america's newsroom, co-host of the five, dana perino. since when did it become okay to follow a perceived political enemy to a bathroom stall and record it. >> according to president biden, it all part of the process. as soon as president said that, that told everyone on the left that wanted to go after kyrsten sinema you are free do so, only people that does not happen to is people with secret service, as you those virtues, true there used to be something, shame, shame if you got it wrong. asking for forgiveness. and that does not happen at all, in public life especially. >> usually we get is was a big misunderstanding or a statement written by a communication expert did does not sounded like an apology, i reason that i like you so much, i think you are fair. and you always trying to fair, i think you are fair. but i wonder if fairness is still a virtue. in politics, is on seen as a weakness. >> i think that is one reason i never run for office and a reason why you decided not to run for office again, i assume that some ways that was your frustration, is that winner take all, there is no reasonableness. there is not an ability to say you have a good point or i would like to compromise with you, another thing, i don't know if you agree, but, i think another virtue that we are lacking right now is ability to to listen. right, down always to to be talking or tweeting or post, listening can sometimes make you one of the most wise people there is a real lack of that as well. trey: especially dana, i think listening to people who don't look like us, or necessarily believe what we believe. or worship like us. i really have not learned that much from people that agree with me everything on. i learn more from people with a different life experience, you are correct, courtroom and congress are government, one -- are different, one how you win matters every bit as much as the verdict in politic it is just win but you are viewed by so many people on the right and on the left as a different kind of person, a different kind of media personality, what traits do you look for in someone whether a friend or a president? >> thank you for -- i take that as a compliment. i think this some ways, there are people that might see my approach as weak. i am who i am. i am not going to change. i think my experience in washington did help me, i worked to capitol hill where some of migrate friends are democrats, you had blue dogs and yellow dogs, they could make things happen bike welfare reform in 1996. we got close to balance budget amendment, i learned from watches them, i learned from president bush, i also learned from how i was raised. often would think, would my grand father be proud of he right now, if the answer was no, i would not say it it is fun to be sar kraftic, i can -- sarcastic, i can be, i can be a is not and rude and all those -- snot and rude and all those,. there are things and ways that i want pro present myself, there we need to not take things so seriously, we all need to laugh. even comedians are at each other's throats right now, i like people who say that is a good point or well read in terms of bee be prepared in how they approach and talk 'an issue. if they are just nonstop talking points i tune out and i don't ask them back. trey: we're looking for the same thing, leaders that will give us that and fellow citizens who demand that or who encourage that will is bill hemmer. >> i think of ways -- i'm embarrassed at some of my behavior. trey: thank you for joining us. joining us. >> love your show. trey: i love yours. >> and to form a more perfect union. we asked what you thought should be done to improve the union. here are some of your suggestions. >> i i think are encourage folks on look at states with limits. jaime e-mailed us. a true mix of every man of society serves a short-term and returning back. many states do have a planned budget requirement. i see is states expecting more and more from the federal government, so the states can remain balanced. while the federal debt grows. and jury service idea is fascinating to me. remember, what i used to do for a living, i saw a lot of creativity as people tried to get out of jury service. and another e-mail response, bill of tulsa, oklahoma. wrote in part. >> our justice system has been weaponized for little political ends. promote the general welfare. close the border to illegal immigrants, and promote the welfare of citizens and legal immigrants. provide for the common defense. make our military the most reported force for freedom on this planet. secure the blessings of liberty to ourselves and our posterity. follow the constitution. the constitution and amendments have survived a lot. of course, it is easier to follow something that is actually read. and understood. and i'm not sure how often our constitution is read any more. finally, albert. and tony share their great granddaughter mia action, grader in southern california said we should bring back the pledge of allegiance. mia, anything that has just first all in it, is a good thing to read and to believe. if you have an idea or question share it with us on-line e-mail us. thank you for spending part of your sunday with us. have a great week ahead. you can find us podcast, good night from south carolina, "life, liberty and levin" is up next. ♪ ♪ mark: hello america i'm -- mark levin, this is "life, liberty and levin," two great guests senator josh holly. and christopher rougho expert on critical race theory, this program is about liberty, your be

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