also tonight, states like florida and texas are pushing back harder than ever against president biden's vaccine mandates, and there is by the way some breaking news on that news just minutes away. plus new concerns tonight that backs mandates and labor challenges are spilling over into the airline industry. there is already chatter of airlines cutting flights to avoid a repeat of the travel knight wears southwest passengers entered this past weekend and still today. where will it leave your holiday travel plans? would begin with economic woes challenging president biden and creating a drag on the u.s. pandemic recovery. mark meredith is digging into the details for us tonight. >> good to see appeared from rising prices to supply georgia does, americans in many places are struggling and experts say the u.s. and global economy really remain in a fragile state. so now the biden administration facing plenty of tough questions about how it plans to proceed. >> there are different solutions for different industries and we are working to address all of them at the same time. speak of the white house says the president is well aware of the economic problems plaguing consumers and businesses coast-to-coast. >> he has an incredible team that is working all these issues. >> tomorrow that team will address growing economic concerns by meeting the leaders of the port of los angeles and executives from walmart, ups, and home depot. but critics argue the administration is asleep at the wheel. >> should be encouraging the biden administration to do is the opposite of what they are doing. they should be doing pro-growth policies that encourage more hiring. >> many businesses say they are struggling to find workers. this is new data from the labor department show were .3 million people quit their jobs in august. many of those workers leaving jobs and restaurant, retail, and hospitality industries. >> people don't want to work. the reason you have containers stuck at the ports is a shortage of truck drivers, a shortage of warehouse workers. >> to keep stores open and shallow stock, many businesses are offering new perks or higher wages and those choices come at a cost. today the international monetary fund warned the risk of rising inflation should not be taken lightly. it's also slashing its forecast for global economic growth. >> what we see are mismatches that have lasted a long time because the pandemic has also last in a long time. >> for americans filling up the gas tanks, higher prices are all too easy to spot. drivers say the sticker shock is hard to stomach. >> i work hard for my money. everyone works hard for their money. the system is now designed to take the money out. >> aaa reports the national average for a gallon of gas is $3.27. that is a huge increase compared to a year ago where gas was running around $2.18 a gallon. the house approved a deal to raise the debt ceiling until early december. that is the good news. bad news here, the treasury secretary says another potential economic disaster is looming. she said congress will have to raise the debt limit again in december or risk the country running into a recession. >> shannon: thank you very much. and by the way, you are coming back for some very important news, the best and worst fast food restaurants. people get very heated about this so we will discuss and just a minute. thanks, mark. in the meantime, dozens of cargo ships in limbo anchored off the coast of southern california and president biden is set to meet wednesday with the leadership of the port of los angeles and long beach. along with union officials to discuss the growing supply chain crisis. as a month -- international monetary fund since its hampering recovery from the pandemic. william reporting tonight from the port of los angeles. >> if you noticed a short supply in halloween decorations, just wait till christmas. >> this is a pandemic induced consumer buying surge, the likes of which we have never seen. >> higher prices, empty shelves, surging demand. highlights a growing supply chain crisis. as hundreds of ships way to be loaded with cargo off shanghai, hundreds more are already docked, anchored, or waiting for weeks to off-load containers at ports in long beach and los angeles. containers traffic is up 30% for trucking capacity only 8%. so more ships wait longer as trucking companies struggle to find workers. >> demand for truck drivers right now is absolutely breathtaking for their estimates out there that there is a need for at least 60,000 new truck drivers on the road. >> california where houses are 90% full. according to the real estate firm -- and rail yard's face gridlock. turnaround time for a container in february was six days. today in l.a., 16. >> so none is repelling over to savannah, the east coast ports, up in the northern ports as well. so it is repelling out and they are having backlogs now. which makes sense because companies are always going to try to find the best way to get to the markets. speak of that congestion shows in the consumer prices. cost to ship a container from china two years ago, $2,000. headache, 13,000 to the west coast, 19,000 to the east. once off-loaded, truckers charge more money. speak of the number reason why it happened is demand. we are the problem. >> president biden scheduled to meet on wednesday with port officials. one idea already floated. the east congestion is to make the ports 24/7. that is pretty common overseas. the port of long beach already tried that and it failed. when trucking companies failed to show up they say because of too many restrictions. the port of los angeles. fox news. >> shannon: governor greg abbott issuing the most direct challenge to the biden administration vaccine plan. an executive order prohibiting any lone star state businesses from enforcing a directive to get the shot. senior correspondent alicia acuna is tracking the latest developments for tonight on that front. good evening. >> good evening. get to see appeared the battle over president biden's september executive order forcing employers to require proof of vaccination or regular covid testing is ramping up. texas governor greg abbott issuing an executive order that bans "any entity" from enforcing a covid-19 vaccine mandate. american airlines at southwest airlines both based in texas says they will continue to abide by the federal mandate. today, florida governor ron desantis' administration requested leon county played $3.57 million for violating florida's so called vaccine passport band. that amount because each violation is $5,000. the state health department says the county asked 714 employees for vaccination proof. that is how they got that amount. the scientists also slammed the biden administration for lagging on releasing the text of the new mandate rules. speak out and it hasn't been issued yet. and i think the reason it hasn't been issued is it's a definite loser in court. we are prepared to test that immediately. i know the other states will do as well. >> and just within the last couple of hours, shannon, the u.s. labor department said the initial text has been submitted for review but no timeline on those roles will rule out. a federal judge in new york ruled the state must continue to allow health care workers to request religious exemptions to the vaccine mandate. a lot going on. >> shannon: it has been a very easy day on this front. a lot of legal action. have an expert coming up to help us unpack that. in the meantime, you are following another story. this is about a wyoming teenager arrested after refusing to wear a mask on school grounds. actually recording -- that student and her father are now speaking out. what can you tell us about their case? >> this girl was suspended from school and has her father's full support. she is a junior at laramie high school and she refused to wear a mask. when she refused to leave her school grounds as well, police arrested her, but they said it wasn't because of the mask but trespassing. she said she is a straight-a student has never broken a law. here she has with her dad on fox & friends this morning. >> i thought it was absolutely ridiculous. i want to go back to class so i can learn and i never thought they would actually arrest me. honestly really surprising. >> we never thought it would go this far and i am -- so stinking proud of this girl for standing up for herself but it's not just her she is doing it for the civil liberties of every individual. >> don't comment on dashcam says her family has received arts overall this. and while some school districts across the country are making masks optional with alabama loosening restrictions the most, most u.s. schools are keeping mask mandates in place. >> shannon: thank you for the update. good to see you. we are still waiting to hear from transportation secretary pete peter judge tonight regarding southwest holiday weekend meltdown if the airline continued to ask. cancellation and delays on tuesday. eric has more on that. good evening, eric. >> shannon, tonight southwest is taking -- but the company denies the vaccine mandate had anything to do with the problems. >> when we woke up -- and then it got pushed back again. all within the same day. >> was an all too familiar refrain passengers across the country stopped but on tuesday less than 100 flights were canceled. still a lot but a dramatic decrease from the 2,400 flights that were granted over that we can that was tens of thousands stranded. on sunday, southwest canceled 30% of its flights climbing bad weather and air traffic control issues even though other airlines largely had no turbulence. it turns out the company says planes and pilots were stuck out of position and the airline could not get them where they need to be further follow-on flights. a bottleneck hits after the union representing southwest's 9,000 pilots asked the federal court to block the airlines order for all employees to get covered vaccinations prompting some to claim the order because the pilots to rebel but both the union and southwest say that chaos had nothing to do with the vaccination order and there were no mass seek out or pilot slowdowns. >> what we are seeing is failure of internal processes as well as i.t. issues that don't support the size operation has become. >> he tweeted "joe biden's illegal vaccine mandate at work. suddenly we're short on pilots and air traffic controllers. thanks, joe." but jen psaki pushed back. >> i know there was a little hubbub over the course of the last few days about southwest airlines. we now know that some of those claims were absolutely false and actually the issues were completely unrelated to vaccine mandates. >> southwest may have to start cutting flights next month to avoid a repeat of what happened. in the company admits that does not have the staff to cover a sharp fall if the same thing happens again. >> shannon: thank you, eric. in breaking court news. the nba's broken that's banning all stark ivory irving from any team activity until he is eligible to be a full-time participant. irving, who is not vaccinated, is not permitted to play in the team's home new york city. the general manager says he has made a personal choice and we respect his individual right to choose. currently the choice restrict his a ability to be a full-time member of the team and we were not permit any member of our team to participate with part-time availability. to discuss the state of -- aaron. welcome. >> thank you. >> shannon: your reaction to the situation with irving. number of other nba players have spoken out and there are different ways their cases have been handled but his team will not play. >> this looks like it is going to end up becoming a legal dispute and legal disputes the objective facts are critical. and when you look at the objective facts here, what are they when it comes to the product of the requiring -- the covid vaccine is confirmed by the cdc does not stop infection entrance, transmission. it reduces symptoms but not transmission. also the cdc's primary study on the topic at of massachusetts found that the vaccinated and unvaccinated had a similar amount of infection. and viral load. so when viewing those objective facts, what does that mean? it means that the vaccinated players are still becoming infected but they are on the court and having less symptoms. they are silently sporting it while they are playing basketball. on the other hand, vaccinated -- the unvaccinated players, they are having symptoms. there are more likely to. where are they? they are at home with a thermometer in bed more likely watching basketball on tv and not spreading it on the court. >> shannon: a number of other players have spoken up because they had covid and want to argue the issue of national unity and their bodies -- that's a different conversational to get a pair -- so many things i want to get to it so i'm going to try to do a bit of a lightning round. a little bit of breaking news here. osha has started the process of the federal mandate because a lot of people remember that president made an announcement a few weeks ago but they are isn't actually a rule yet telling employers what they have to do it. so tonight it osha is saying they been working up an emergency temporary standard and part of the process they are putting together the initial text has been submitted. what does this mean? >> like you said, president biden issuing an executive order that related to employers with over 100 employees either having to require the vaccine or tests but that only comes into effect after osha issues regulation implementing it. 24 attorney generals -- so almost the majority of the states in this country -- penned a letter and sent it to biden saying that any regulation -- this regulation that he has asked osha to promulgate is illegal for a number of reasons that we could go into if you want to but i know you want to do a lightning round. >> shannon: a lot of legal action on that. i want to get your response to something that was included in the reporting before he came on. that jen psaki was saying there was a white house -- there was hubbub over the course of the last few days about southwest airlines that we now know some of those claims are absolutely false. it was completely unrelated to vaccine mandates. have you heard otherwise? >> well, we did have communication with somebody within southwest two advised us that -- and i couldn't -- i can say what i have been advised is that over 2,000 of the flights were coded -- that were canceled were coded as "crew" which means they were grounded because a lack of crew for those flights. clint thing i knew -- one thing airline staff and personnel can't just walk off the job. that would violate a whole amount of rule and even criminal rule. and so if pilots and members of southwest crew did decide to call in sick or not appear, they wouldn't be coming on your show to say that is what they did. they can get in big trouble. it does appear that when you look at the situation what is most likely the cause -- unlike many other airlines of the big proportion of southwest pilots are former military. they know the price of freedom they know what it cost to interior civil rights and maybe they're sending a message to other employees around the message if you want to secure civil and individual rights you need to act yourselves because if you don't do it, who will? >> shannon: as employers try to staff up all kinds of businesses in places like hospitals and airlines, these people are critical. i want to make sure to ask you about this case of this doctor. i know you have gotten involved. she is a fully faxed icu -- very well respected doctor. she said she does not want to discourage people from getting the vaccine that she says she has been seeing an inordinate amount of people that she claims have been injured or suffering side effects from the vaccine. going to read a bit of her letter to the fda. she said i've been a doctor for more than 20 years. never witnessed so many vaccine related injuries and was here. as a fully vaccinated physician, i feel pained in admitting this but i'm compelled by conscience to state the facts as i observed them on the front lines. i know she did this at risk to her own career. has she gotten any response from the fda about investigating her claims? >> she sent that letter that you just read from the fda with fear and trepidation. an amazing amount of courage to do it. and the fda ignored here. one, two, three, eight days went by and she approached us and we sent a follow-up letter to fda saying are you going to ignore this well seriously credentialed dr. reporting a whole litany of serious injuries from the covid-19 vaccine and they did finally respond but she got a canned response touting how well the system works and not addressing any of the specific issues that she raised in her letter. and -- they should be having a meeting to discuss the serious issues she raised in a does not look like they are taking it seriously. >> shannon: keep keep us updated. we would like to know more about what she is alleged and the fda's response. thank you for your time. >> thank you, shannon. ♪ ♪ >> shannon: the coroner in wyoming says gabby petito died of strangulation. but he might not be able to determine exactly when that happened because her body was outside for three tell my four weeks. the autopsy results encompass -- for her former fiance brian laundrie who does remain a person of interest in that case. a navy engineer and his wife accused in a plot to sell u.s. nuclear secrets to a foreign government appeared separately and a west virginia courtroom for the first time tuesday. both jonathan and diana toebee will remain in custody. going to be back in court friday for detention hearing. they could face life in prison if they are convicted, and they are considered flight risks. after their arrest sent shock waves through the quiet annapolis, maryland, community where they live. >> everybody is on our social media page or neighborhood saying can you believe this? what street is that on does anybody know them and everybody is having the same thing. this is crazy. and the biggest comments are we all feel sorry for the kids. >> shannon: the dad and a daughter inventing a lightning quick way to style hair and astronauts living way off the grid but not quite as far as you might think. today's best viral videos our next. ♪ ♪ eriorate, i stopped hanging out socially. it was a easy decision -- clearchoice. [ awada ] the health of our teeth plays a significant role in our overall health. chantell was suffering, and we had to put an end to that. the absolute best way to do that was through dental implants. [ chantell ] clearchoice dental implants changed everything. my digestive health is much better now. i feel more energetic. the person that i've always been has shown up to the party again. up to one million dollars. that's how much university of phoenix is committing to create 400 scholarships this month alone. because we believe everybody deserves a chance. see what scholarships you may qualify for these folks don't have time to go to the post officedu they use stamps.com all the services of the post office only cheaper get a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again. i am robert strickler. i've been involved in communications in the media get a 4-week trial plus postage and a digital scale for 45 years. i've been taking prevagen on a regular basis for at least eight years. for me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awful lot. prevagen. healthier brain. better life. ♪ ♪ >> shannon: check out this backward flowing waterfall. it was taken at peak district national park in central england. the video caught the moment that intense winds up to 70 miles per hour were turning the nearly 10p fall and the writer and who captured the phenomena initially thought the reversed waterfall was just smoke but that was actually water. in peru where an effort to rescue a pigeon reach new heights. he was caught there for about 12 hours. here is how officials got him down. they sent up a drone equipped with a knife on it to cut the string that the bird had gotten tangled up in. the pigeon recovered and taken to a local shelter for abandoned or injured animals. and check out this pup who loves sliding. look at us little rant. this video posted by a french bulldog breeder shows the little guy enjoying many trips down his little ramp. here at "fox news @ night" we are not sure is this is the best method or couch transportation. doing this right before bedtime, roll right in. just saying. ♪ ♪ who needs a hairdresser when you have a vacuum cleaner. this dad needs just seconds to fashion her ponytails with a scrunchy on the end of the vacuum in their hair goes into the hose and look at that. quality daughter daddy time. not how sure are many moms endorse this but let us know. and finally, not so out of this world. six astronauts are living in mars-like conditions right now and a desert in israel. the austrian space for them set up the base for the month of october with the so-called analog astronauts are conducting experiments and living as though they are on mars. the project is aimed at learning more about human behavior and the effect of isolation. what do you think, is this a good way to get away from it all? hit us up on social media. ♪ ♪ vice president kamala harris planning to ask expand her presence on the midterm certain -- as she takes heat over the -- peter doocy reports tonight that the vice president's increasingly has her hands full. >> if things aren't going well at the white house, democratic majorities could soon be in jeopardy and the vice president knows that telling donors "some people are saying you're talking about 2022. that seems kind of early and maybe it does but really it is not." the vice president portfolio includes immigration -- >> the most qualified person. >> it's critics say she had to quiet on. >> i tarantula come yesterday and she said where is kamala? >> voting rights which remained stalled despite this promise in june. >> with her leadership and your support we are going to overcome again. >> and space even though the vp still hasn't seen any meetings with the national space council. >> and what -- got that? >> right now, he is an actor. a canadian production company, sinking ship productions, apparently held auditions for that shoot but -- the vice president's office did not select the kids who participated in the youtube original special. joe biden has been a vice president himself so when he gave harris such high-profile assignments, he knew what he was doing. >> i said when we became a team the vice president is going to be the last person in the room. she didn't realize that meant she gets every assignment. >> if harris is going to hit the road on the behalf of democratic candidates, it's unclear what she is going to point to as a win that she delivered. that is something they can also complicate her political future if the president decides not to run for reelection. shayna. >> shannon: peter doocy. thank you peter. and bringing back market. talking about food which is one of our favorite topics here at "fox news @ night" so we are glad you like it too. this is something very controversial tonight. it is fast food, which is the best, which is the worst. people get into fights about this. speak of fast food emily gets a bad rap. many americans that he does every day but they have a list of the bats fast food joints of 2021. all comes from the american customers satisfaction index. here are the rankings from lowest to top. pizza hit, panera bread, five guys, starbucks, i don't know how kfc made the list, domino's, number one on that list, chick-fil-a. and as a seven or, i'm not surprised. it's the only restaurant i can eat that is fast food daily. never get tired of it. even here at fox we have a nugget tray in the break room not too long ago. i'm not kidding, i went back like three times and i was like oh, see if there is -- even the little crumbles. you know what is known on the list? wendy's. or talk about. >> don't ask me when they have this weird bowl of it is and ivan -- i am with you. chick-fil-a is number one. because of the excellent food but the service as well and that people are so nice and the chick-fil-a sauce. what's your favorite sauce because that gets controversial. >> would -- >> shannon: i love it. i was in front of the register and that all the sauces and i was like who eats any of these other sauces? >> do you get the jars question mike >> shannon: no, but are producer has a son who works there and she had -- all right. thank you. nancy pelosi speaker of the houses the media can do a better job of selling the biden agenda. is that the media's job? or whose job is that. the dream team ways end. ♪ ♪ punishment and hard work. punishment punishment add a fourth: be curious. be curious about the world around us, and then go. go with an open heart, and you will find inspiration anew. viking. exploring the world in comfort. brushing only reaches 25% of your mouth. listerine® cleans virtually 100%. helping to prevent gum disease and bad breath. never settle for 25%. always go for 100. bring out the bold™ your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire to run a growing business, is to be on a journey. and along the ride, you'll have many questions. challenges. and a few surprises. but wherever you are on your journey. your dell technologies advisor is here for you - with the right tech solutions. so you can stop at nothing for your customers. >> shannon: we have exclusive video tonight from inside a migrant camp in panama where up to 1,000 people were bound from the u.s. arrive each day. fox news is a first tv crew to get access to the facility which is part of a dangerous route for migrants willing to risk it for a chance at a different life. the correspondent showing us from kennebunk panama. >> nearly 700 new migrants arrived. this mother from haiti says her baby born in chile it was sick and needs medical attention. and she says she never wants to make the terrifying trip to the gap again. >> it is crazy. i am not going back. it is too risky. it is a life or death. >> we witnessed some 40 narrow boats carrying mostly haitian migrants traveling up the river as we hit the water for a closer look. the boat rides -- when they came out of the jungle is about three hours. you see these migrants making that trip right now. it will go to the first migrant shelter. they will arrive in panama before their bus to costa rica 12 hours away and continue their journey. >> haitian attorney who made that bus trip today believes that president biden wants to help them and has a message for the president. >> thank you. and help us because it is not easy for us. especially haitians. people keep shooting our people. people keep kidnapping people. it is crazy over there. >> inside camp, conditions appear to be inhumane and crowded. the migrants are tired near sick or injured and some are in need of money after being robbed in the jungle. covid is another problem. there is a quarantine area where there is infected with the migrants are not tested and vaccines are not being given. immigration officials say they have never seen anything like it. and we now -- will be in panama later this week whether or not she comes here to see this crisis is unclear. on this river in panama, chris, fox news. >> shannon: back here in washington, president's economic agenda is petering on the brink of collapse as the speaker of the house admonishes reporters for not doing a better job of selling the president's build back better plan. start there with tonight's dream team leslie and jason. welcome back the both of you. >> thank you. >> shannon: let's start there. i want to play this. the speaker of house going back-and-forth with the reporter about why people don't know more about the plants were on to more excited about them. here is that exchange. >> a better job of messaging and going forward how you sell this because ultimately -- >> i think you could do a better job because every time i come here -- the issues that are in their but it is true. it is hard to break through when you have such a comprehensive package. >> shannon: jason, the media is supposed to be helping the speaker sell this plan. >> i think the speaker realizes she is in trouble. members have been going back to their district. this is not a popular plane. it is too expensive. a racist tack is but that is out of control and they don't believe joe biden when he says it is going to cost zero. the democrats have no credibility when they go out there and say this cost zero yeah it's one of the biggest bills in the history of our nation. >> shannon: senators john kennedy has this to say about why the plan is not sticking or going anywhere in the president is having trouble. >> the president biden and his merry band have -- in their first ten months. that is why his poll numbers are going down like a fat guy on a seesaw. >> shannon: the polls are not good for the white house right now. speak out to the speaker's point, if the press -- the liberal media have nothing but negative things to report, that is what the american people start to believe that everything. have a malaise about everything whether it be covid. all we hear about the states with the covid cases go up and icu beds are filled. we don't hear about the opposite and where numbers are coming down like you're in california. it is not the presses job to sell the plane but it certainly is the vice president's job to give all the information to the american people to make their own decision. >> shannon: one of the areas where the american people have a lot of doubts about this administration's ability to handle things as the border where things continue to get worse over time. the white house says our message is the border is closed but that is not translating into reality. for tens of thousands of people, you saw him talking to people who were hopeful they would show up and president biden would be able to help them. jen psaki says it is about getting it together on capitol hill, not necessarily the white house. here is her take. >> it is not just waving a magic wand. it requires a majority of votes in the senate and it requires the vice president. so i would say that is a legislative process. i would point to liters schumer and others to ask question of whether there is appetite to do that. >> shannon: we talked about this many times whether republics or democrats are in control, now is the democrats, there does not seem to be an appetite for getting long-term resolutions and the immigration crisis. speak of the border was moving toward security under donald trump. it was the biden-harris administration that changed the policy that has opened up the border, has -- you see that people flowing across and yet secretary mayorkas and others are saying the border is closed. another piece of fiction and outright lie by the democrats because all you have to do is turn on the news and wash the flow. it is not closed and the policies of the biden-harris administration are making it worse, not better and america understands that. >> for four years under president trump couldn't wait to rush down to the southern border for photo ops. now with a bite and boarded conditions worse than ever, democrats will hold hearings -- kamala harris can barely be bothered to even visit. last word to you, leslie. >> i've always said, and i continue to say, that anyone in charge, the vice president included, need to visit the border. it should be on the -- but jason, you know i love you, the border has been closed. it has been close pretty much forever. 17 years we have seen both democrats and republicans kick this can down the road. multifaceted problem that definitely needs bipartisan support to get something done and of course blame or credit will always go to any president in the white house who can, as jen psaki says, wait a magic mouse. >> one what they are tracking, and other 60,000 haitian migrants are heading to the u.s. southern border. going to be a lot more discussion about this and try to find some resolution. leslie jason, thank you both. >> thank you, shannon. >> shannon: contents claiming aaa -- we just discovered it's the number one restaurant. it is pulling a bait and switch when it comes to food prices and delivery fees. we are digging into the facts and tonight's "night court." it is next and you are the jury. ♪er ♪ >> there's room to grow... >> ...and lots of opportunities. >> so, what are you waiting for? >> apply now... >> ...and make a difference. >> singers: ♪ safelite repair, safelite replace. ♪ >> man, i love that song! imagine having someone else do your books for you. as your quickbooks live bookkeeper, i'll categorize expenses, reconcile accounts, and close your books. cool. - yep. know where your business stands. intuit quickbooks live bookkeeping. it wasn't long after i had joined golo before i had to start buying new pants. golo changes your whole lifestyle and it changes the way that you think. you don't have to deprive yourself of anything. (announcer) go to golo.com to lose weight and get healthier. it's moving day. and while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the last two hours? ...delegating? oh, good one. move your xfinity services without breaking a sweat. xfinity makes moving easy. go online to transfer your services in about a minute. get started today. ♪ ♪ >> shannon: chick-fil-a is facing a class action lawsuit claiming the fast food chain is hiking of food prices for deliveries by up to 30% in some cases all while promising consumer is they are delivery fees. while it is not uncommon for delivery services to mark up items, plays being accused of not disclosing what a lot suit says is a markup. with robert pattillo and criminal defense attorney, brian claypool. you guys know i love chick-fil-a so i'm going to try to stay neutral on this. but we go through the case but let's start with exhibit a. this is from the complaint. on delivery orders only, check plays secretly monks of food for delivery orders by hefty 25 to 30% or the identical order of a 30 count of chicken nuggets because five to $6 more when ordered from delivery then when ordered be of the same mobile app from take out or when in-store. brian, are they hiding the mark of? >> it is not a secret markup. what they do is they tell you what the delivery charge is. and that is what you are paying. but in this law so they're trying to say oh, you are hiding and increased delivery charge through the pricing of the food. i have a three word defense for this case. and my daughter and i love chick-fil-a. we got it once or twice a week during the pandemic. and we both agreed that this is the defense. we don't care. because chick-fil-a is epic. it is the bomb. this is not some greasy hamburger joint. this is chick-fil-a. so if i'm paying a couple extra bucks -- and by the way, during the pandemic, i would look at my daughter and be ordering it for delivery and i was like that seems like a lot more than it usually paid and she would be like i don't care. >> shannon: eyed miter your restraint and only having it once or twice a week. that is impressive. let's go to exhibit b. this is what chick-fil-a's website says. you will be able to see pricing and delivery fees before placing your order. many prices are higher than at the restaurant and additional fees remain applied. is that not the disclosure saying the prices might be different if you deliver? >> that would be the case and it was not the sticker shock that many consumers have. i am a check for fan also. from atlanta. but at the same time, my wife made to order a couple of weeks there wears a chicken sandwich and fries i drink and it came up to $30 and it was delivered because of the additional fees that they jack up on there. so i think they need to make it clear to the consumer that you will pay these extra premiums and let them know that premium price will be. it's not simply the delivery fee. is an additional fee tacked on and i think most consumers at that point are being defrauded into believing they are only paying a delivery fee which the lawsuit is alleging. so i think the whole concept is that people should have the proper information prior to making an order and that is all that the lawsuit is trying to prove and i think it will succeed without reason. >> shannon: going to be honest i would have to recuse from this case because i cannot be unbiased. as a judge, i'm really a favorite chick-fil-a. we will have to see how it plays out in the courts public for a guy i want you to both quickly tell me what your favorite thing is chick-fil-a. brian and then robert. >> thank goodness you asked. beat the or not it's not the chicken it's the macaroni and cheese. the trip on the top. epic. >> shannon: is really good. robert. >> as for me, my favorite thing is going to popeyes down the street. popeyes all day. >> shannon: i object. okay. proper and brian, thank you both very much. great to see you. >> thanks, shannon. >> shannon: and good news before we say good night after 77 years of marriage, couple in iowa finally getting their wedding photo shoot. 98-year-old and 97-year-old were married in 1944 right before he had to run off on his air force deployment. it was a quick ceremony and did not have a lot of fancy things i did not get a chance to take pictures so for their 77th wedding anniversary, members of the couple's hospice care got her a vintage dress, had songs from the 1940s, food, a photographer. the couple's family also attended the ceremony. they added there were no dry eyes on that day. i have to say i love this story. i would have needed the tissues too. >> milwaukee police are saying a school bus driver basically noticed something on a route. heard screaming from the van nearby and called police. turns out that news attempted abduction. police had found the suspect and police -- this is a great example of a good samaritan doing her part. the school bus driver, they work so hard, they get up early, the stay late. >> shannon: and the thing is it has been hard to post-pandemic to hire a lot of them to get people back to work. it is a tough job. there are long hours and they do deal with some rambunctious kids. i remember from my days on the school bus -- the other rambunctious kids. taking care of kids and making sure they are safe too. thank you for that story. that is it from us tonight from washington. washington. have a good one. i am bream. 2-on-2s... and 1-on-1s. we see how these moments make us smile so, we make it easy to share your smile with safe and convenient care — all in one place, with evening and weekend hours. right now, new patients get a complete exam and x-rays — free without insurance. plus, everyone saves 20% on their treatment plan. celebrate life's happiest moments. call 1-800-aspendental or book online today. millions of vulnerable americans struggle to get reliable transportation to their medical appointments. that's why i started medhaul. citi launched the impact fund to invest in both women and entrepreneurs of color like me, so i can realize my vision and give everything i've got to my company, and my community. i got you. for the love of people. for the love of community. for the love of progress. citi. why do nearly one million businesses choose stamps.com to mail and ship? no more trips to the post office no more paying full price for postage and great rates from usps and ups mail letters ship packages anytime anywhere for less a lot less get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again i'm searching for info on options trading, and look, it feels like i'm just wasting time. that's why td ameritrade designed a first-of-its-kind, personalized education center. oh. their award-winning content is tailored to fit your investing goals and interests. and it learns with you, so as you become smarter, so do its recommendations. so it's like my streaming service. well except now you're binge learning. see how you can become a smarter investor with a personalized education from td ameritrade. visit tdameritrade.com/learn ♪ for people who are a little intense about hydration. neutrogena® hydro boost lightweight. fragrance-free. 48 hour hydration. for that healthy skin glow. neutrogena®. for people with skin. are you tired of clean clothes that just don't smell clean? what if your clothes could stay fresh for weeks?hy skin glow. now they can. downy unstopables in-wash scent boosters keep your laundry smelling fresh waaaay longer than detergent alone. pour a cap of downy unstopables into your washing machine before each load. and enjoy fresher smelling laundry. if you want laundry to smell fresh for weeks make sure you have downy unstopables in-wash scent boosters. shop online for downy unstopables, including our new, lighter scent. 7:00. check out my book, still available. tucker is next. ♪ ♪ >> tucker: good evening, and welcome to "tucker carlson tonight." >>th good evening and welcome o "tucker carlson tonight." there's probably nothing we talked about less than the federal reserve. no one wants to talk about the federal reserve because it seems very complex and it is in fact complex. unless you have a grounding in monetary policy, it is hard to know exactly what is going on. but the basics are not that a