>> i'm worried, not just in virginia, i'm worried across the country. >> as one who will be running for reelection in 2022, i need results that i can show the american people - - >> i think there's a lot of doom and gloom this morning. >> in new jersey, democrats are declaring victory even though officials say they're still tallying those in a much closer than expected battle in the state house there. >> the democrats they own-really don't have the solution. they're losing. >> we'll have the latest on there gop wins. about what it all means for the 2022 mid-terms. fox news at night starts right now. >> we begin tonight with a political party in disi ray. as democrats scramble to explain the red wave that crashed into their candidates in virginia expo cross the country. white house correspondent kevin cork has the very latest developments and reaction to an historical election night for the gop. >> evening, shannon. it has been said on just about every occasion you can think of that the definition of insanity is doing the same thing over and over and expecting a different result. and if that is true, and most people feel like it's certainly true, it may be politically insane, to ignore the overwhelming message sent by voters to democrats last night and yet continue to do the same thing. by the way, that message was sent in race after race across the country. >> as if a multicountry overseas trip wasn't taxing enough, president biden returned to washington and was promptly greeted by the news that his party suffer said 21 -f worst days at the polls in quite some time. nearly losing the states house in deep blue new jersey and failing to win the governor's race in the commonweeing of virginia for the first time in over a decade. >> parents across virginia started to recognize that they really did need to have a important decisive role in their children's education and when they heard terry mcdolph say exactly what you just played that parents don't have a role in their kids' education he wants to put government between parents and their children, this ceased to have a exam in and started to have a movement lead by parents - - >> than say your average virginia barber. and while the impact of his victory may not yet come into sharp relief for some time, it was undeniably the political pebble in the lake whose ripple effects were felt far and wide. mean while, back in washington, capital hill democrats today vowed to march on with their agenda despite the rough election night. which lead to this warning by republicans. >> joe biden and nancy pelosi did not get the message from what happened last night. maybe more of their members will look in the mirror and say i don't want to have the next terry mccollough but if they keep voting for big government socialism they're going to go the same way as terry mcauliffe. >> strong words there by steve scalis of the republican party. all this is happening as nancy pelosi has made clear her intention she is going to forge ahead releasing a final text of joe biden's roughly $7.5 trillion spending bill despite opposition from democrats in the senate like joe mansion. pelosi is still stressing, shannon, the need to quickly pass both bills which has lead many of our sources to believe that we're probably going to see voice on infrastructure and social spending at some point this week, shannon. >> we have been toll that many times. >> we'll see this. >> this has been a crazy time so we'll see. another significant win for republicans last night, we carried a bit of the speech, winsome sears making history as the very first black woman lieutenant governor of virginia woolf. what you tell us about her and she's taking things up from some folks on the left? >> just a bit. she's not only the first african american female to win statewide election in the commonwealth, she is a marine corps veteran and also an immigrant from jamaica, a legal immigrant. as you pointed out her win has drawn fire from some pundits and loss of support as well. we're going to take you to twitter for a few tweets i think you'll find if nothing else interesting. hill leading the way. she is a fairly well-known sports commentator and she basically suggested that the win by the new lieutenant governor was because lots of white people like white supremacy. i'm gonna have to get the exact tweet here. there itcism. it's not the messaging, folks. this country simply loves white supremacy. that from hill. it drew lots of fireworks from a lot of people. most notably some supporters of the new lieutenant governor posting a tweet showing her with an a-r. yeah, we beg to differ, which was a very strong rebuttal. there was one more i thought was interesting sort of like this is where we started and this is where we are, how it it started and how it's going showing the soon to be out our of office governor in either black face or a clan outfit, and compare and contrast that to the newly minted lieutenant governor winsome sears. >> her speech was interesting she says i've always been black y don't want to make it about that. i'm here because i want to make things better for the commonwealth. it is a new day here in virginia. >> that's not only the right messaging, if you will, it's also true this is someone who earned over a million votes being exactly what she is, a veteran and someone who wants to do the job for the state not out there sort of wearing a particular label on her shoulder, she just wants to do the best and she is so far at least getsing an opportunity to do just that. >> yeah, and it's great. i think the more veterans we have either side of the aisle who are helping to make decisions for this country, i think they've earned it. >> indeed. >> thanks, kevin. >> you bet. >> new jersey governor phil murphy is the apparent winner opportunity against rusken challenging jack - - murphy confident enough to give a victory speech tonight despite holding a lead of less than one percent. by the way, still an unknown number of ballots yet to be counted. a recount probably likely in that race as well. laura ingle is reporting live from jersey city tonight on what we know. hey, laura. >> hey, shannon. you know, the new jersey governor, phil murphy, will apparently keep his job for a second term. that is according to the projections of the associative press as we know this race is not over. until it is officially certified. there's still more to go here, but with this projection came the celebration, and victory speech. murphy spoke to his supporters just about an hour ago here in the state to celebrate what many believe is a razor thin win. >> thank you for saying we need to keep moving forward on our shared journey to a stronger and fairer new jersey. in new jersey, we know how to make forward work from the middle out and the bottom up. and we know how to move forward and accomplish big things. >> if certified this will be the first time in 44 years that a democratic new jersey governor won a second term. the last time this happened was in 1977 when democratic brendan burn was reelected. republican challenginger and former assemblyman jack who campaigned for over 22 months shocked the nation tuesday night when he took the lead and held it into the early morning hours in a closer than expected race in the democratic stronghold that seemed-seemed to have surprised many here. hours ago, murphy took over that lead by harris as mentioned was 50 percent of votes to 49.2 percent. still, is holding out hope. in had communications director tweeting this: with a candidate separated by a fraction of a percent out of 2.4 million ballots cast, it is irresponsible of the media to make this call when the new jersey secretary of state doesn't even know how many ballots are left to be counted. surprised performance wasn't the only stunner. republicans performed better than anticipated in a number of state races, and while the celebration for murphy's camp continues the final results may not actually be known until next week because ballots mailed on election day have six days to arrive to the polling station so we're going to be talking bouts twist oven for a while. >> we sure will. >> thank you if catching us up. >> thank you. >> democrats are still in shock struggling to digest major electoral upsets in races they were projected to easily win not too long ago. and we're not just talking about virginia. the longest tenured senate president in new jersey's history, democrat steve sweeney, is in danger -f losing in a stunning upset to a truck driver turned republican edward durr who spent a grand total of 153-dollars on his campaign, according to campaign finance filings. >> this was the people's voice being made heard clear and through all through new jersey because i'm not the only victory. there is upsets all up and down the state because the people spoke. >> chief, breaking news correspondent, gallagher is tracking and he - - good evening, trace. >> shannon good evening. not only did the measure in minneapolis defind fund and dismantle police get voted down but four city council members who supported the measure got voted out. another council member in favor of defunding police, jeremiah ellison, the son of minnesota attorney general keith ellison, just barely kept his seat. now we should note that some council members who favored overhauling police kept their seats but after losing nearly a third of their police officers in just two years and watching the crime rates sore, minneapolis voters have sent a very clear signal. the red wave is also apparent in blue new york. on long island where crime is a concern to republican candidates for district attorney who both oppose eliminating cash bail and putting criminals back on the street, won their respect races in landslides. republican anne donnelly upset democratic state senate senator - - and in suffolk county republican dominated the incumbent democrat tim feeney. and separately in new york, city council races in brooklyn, queens, and staten island republicans picked up four contested seats including a victory by ukraine native and major trump supporter, - - republicans are also making key inroads in appellate races including pennsylvania's high court where kevin robson has beaten democrat mclaughlin. it's a key seat considering five of the seven seats on the pennsylvania supreme court are held by democrats. now down to a special election in texas where the gop flipped a seat in the state legislature after republican john lou john defeated - - san antonio where lou john thinks the gop message is resonating - - watch. >> this election has just been about talking to folks we have a lot of first-time republican voters and we have people just switching over and coming on to the republican party. for what we stand for. >> though mr. lou john can't get very comfortable because his seat is back on the ballot next november. finally in buffalo, incumbent mayor democrat byron brown has declared victory over democratic socialist walton. it's unusual because back in june in the primary walton defeated mayor brown but there was no republican challenger so mayor brown mounted a write-in campaign, and people certainly know his name because he's been the mayor of buffalo for 16 years. >> such an interesting night, and still so much to unpang. trace gallagher, thank you always great to see you. >> sure, you as well. >> democrats try to interpret and digest what happened last night even in some of their traditional strongholds republicans may have just chartered a new electoral path forward. let's talk about what we learned from election day 2021 with rnc chairwoman ronna mcdaniel. >> thanks for having me, shannon. >> last night some people were surprised in virginia, you may not have been, the polls have been tightening there. so many of these other places that trace talked about if governor murphy it appears will hole on there, i think for the most part, what are your take aways from last night? >> common sense one on the ballot last night. the american people want to see police force, they don't want to defund the police, they want parents involved in their kids' education, which we know, i know as a mom we want to have a say in what's happening with our kid after a year and a half of a pandemic. they want to see lower taxes, glen younkin ran on gettingoid -f the grocery tax. common sense prince - - and that's why republicans had such a huge win. >> one of - - put a tweet from julian castro, younkin has shown republicans they can launder dog whistles through huge platforms driving base turnout while distancing from trump. democrats need to better control the narrative with their own wedge issues and with a positive forward-thinking message. he says dog whistles. we heard a number of other pundits saying this is about white supremacy. how do you answer those charges? >> i find that so offensive, especially when you look at virginia, where eelected a hispanic attorney general, we elected winsome sears the first african american lieutenant governor republican in virginia, and for democrats to continually so division and divide our country based on race is just unacceptable. that's what they're going to do. that's ir playbook. they used it through this election, and they lost big-time. the american people are ready to start pushing conversations forward that bring our country together and that's why the republican party and it started under donald trump got huge gains with hispanic voters. glen younkin with 9 percent of a majority of hispanic voters with a 9 percent edge over mccollough in virginia, we saw the race in texas. that all started in 2020 with donald trump when he got 3c growth. we're starting to see this growth in our party. >> i think he surprised a lot of folks with some of those moves in some of those minority groups in his reelection campaign it's something that democrats, they did acknowledge, i thing, after last night, they're really going to take a deeper dive into that. i want to play some of the gop reaction to the results as they were rolling in last night. >> it turns out when you run a campaign that says government is smarter than parents, the american people disagree with you. that's exactly what happened. >> americans across the country rejected president biden, and speaker pelosi's radical socialist agenda. >> the wind is at our big, the wind is in their face, demo agoshing dem agoshing. >> i think last night was a big damn deal. >> are you worried at all that republicans are feeling a little bit too confident and excited based on what happened last night it's a long way to go. >> shannon, we've been seeing precursors to last nights all year. we have syndesms continually underperform what joe biden did in november of 2020 in mccallan texas, texas six, races in connect and new hampshire. that just came true again at a broader level last night and why is that happening? because joe biden has left our borders open, he was a disaster in afghanistan, inflation is rising, people are paying so much for gas and groceries, and we're seeing so many things in our lives come unraveled in this administration and that's what the american free people spoke to last night on top of parents who woke up. this was the election of the moms. moms who were get they kids on zoom classes and working so hard during the pandemic, i'm one of them, and have democrats say that parents are domestic terrorists woke up a whole new electorate for us and expanded our party. i'm not worried, plus the rnc made 17 million voter contracts in virginia. we had 120 staff on the ground week, had 13 offices open, we're opening outreach offices across the country. one them in lou john's district in san antonio, this is the type of infrastructure that we're billing that will bring success in 2022. >> the democrats are very good at ground game, social media, and all kind of things republicans have made investments in now. we'll see in a year how they pay payoff for either side. >> thanks for having me, shannon. >> another victory across the country tonight, children ages five to 11 now eligible for a free covid-19 vaccine. the cdc authorized a lower dosage of the shot yesterday. the pfizer vaccine is the only covid-19 vaccine that's currently authorized for use in individuals under age 18, up to parents now to decide. >> green bay packers quarterback aaron rodgers will be missing this sunday's game according to a positive covid test. in august rodgers told reporter he was immunized. 13 members of the new york giants organization tested positive for covid on tuesday on wednesday there was only one positive case. okay, look closely. what exact le was that descending through sky in atlanta? we'll explain the truth is out there, plus the insane double back flip and overwhelming emotional response today's best viral videos, next. . say hello to your fairy godmother 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(announcer) go to golo.com to lose weight and get healthier. ♪ when you have nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa.♪ try pepto bismol with a powerful coating action. for fast and soothing relief. pepto bismol for fast relief when you need it most. at t-mobile, we believe you shouldn't have to choose between the most 5g coverage and great value. so we unleashed the 5g experience on magenta max. with 4x more 5g coverage than verizon. and unlimited premium data. only at t-mobile. >> tyler haney is just ten years ole, check him out. yeah. the young man perfectly executing a double back flip. that was his very first attempt, the unbelievable scooter stunt caught on camera by his dad who says the very emotional response which is super cute at the end of this is because it took him two years of practice leading up to that exact moment, made it on that first i oiuytredssfgg he goes absolutely. >> now we're getting a bird's eye view of the stunning lava flow thanks to a striking bit of aerial footage. scientists say more than 2,500 billings on the island they think have been destroyed since these eruptions began on september 19. a home security camera captureinga bright celestial taken about 4:30 a.m. on halloween multiple witnesses reported that event to the american meteor society. we find out more, we'll let you know. then in southern chile, stunning drone footage capturing the extensive damage after train cars were set on fire the day after that train derailed. authorities are investigating the situation they think it could have been an act of protest. the good news, though, if there is any, is that nobody was injured. finally, it is red crab migration season on australia's christmas island. meets millions of these crustaceans will embark on the ocean to get frisky we'll keep it p-g. the exact timing of the event is determined by the phase of the moon. if you have a video, you want to share we'd love to see it. hit us up at shannon breem or at fox news nights on social media. we have exclusive new information tonight about how cartels and others groups are exploiting migrants who are trying to get to the southern u.s. border. correspondent steve harrigan has the details from del rio texans some the young man who walks this with a two year old daughter across the rio grand is not a relative. he charges them 700-dollars, each. the traffickers snap pictures for their bosses, proof of delivery, of fragile human packagings. the hardest part, she tells us, was getting on and off buses in mexico. i can barely do it myself. i had to do it carrying a child. along the u.s.-mexico border it is the strong who profit off the weak as an immigration checkpoint border agents found a young child inside a duffle bag, barely able to move. no means of exiting the bag on her own. the cartels are not the only ones making money off the migrants. these two men walked north through mexico for two weeks. they told us they were stopped more than a dozen times by local and federal police. each time demanding a bribe of 20-dollars to keep going. the police told us we were lucky it was them asking for money instead of the cartels, he said. despite the hardship, the numbers continued to rise. crossings in the rio grand valley are up 508% in the past fiscal year ending september 30. another big caravan of three to 4,000 is on the move in mexico. in response, texas governor greg abbott announced on twitter that he is moving more tactical vehicles to the border. the progress of that convoy has been delayed several days after an outbreak deng afever. >> we we have been looking for an excuse to eat dessert, the science may be on our side. >> this works for everybody. get this, you think you just can't eat another bite and then some well-meaning host trots out some fresh, hot, homemade apple pie and you think okay maybe just a little. get this scientists say shannon's right, it's all science, and yes, you always have a bit of space for dessert. that's because basically there are two energy balancing hormones that control our body's want and need for more food. there's leptin and g irks rlin. leptin suppresses the appetite that's our natural instinct to stop eating and then you have grehlin that is a fast-acting hormone and it plays a role in meal initiation so when dessert's abound that ghrelin kicks in, and it says yeah, maybe i will have a little bit. so here's the bottom line. if you feel like it's just me, i don't know why i do this, it's not just you we all get this feeling and you can have at it, have that pie even at thanksgiving after you've eaten turkey and stuffing. >> some how it fits in there we are all about the science here. >> yes, that's right. >> you -fyou tell us the science says we got this thing that kicks in and makes the room, it's actually true. >> ghrelin. somebody sent me a note ghrelin. >> like gremlin they might be related. we've got some good new news to talk about tonight. >> my favorite yet. i'll see you in a few. >> see you in a minute. even the democrats haled the virginia race as a bell weather election but what does the win say about president biden's approval, his agenda, and what the voters really care about? we're going to rate that, initiate. s headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ 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 [ chantell ] when my teeth started to deteriorate, at phoenix.edu i stopped hanging out socially. it was a easy decision -- clearchoice. 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[ 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. >> across the entire commonwealth of virginia. we had help from everyby. we had huge support from the latino community, the president made a call and asked everybody to get out and vote and we had big turnout in southwest virginia, we saw parents turn out, we were endorsed tie buy the hampton roads black caucus and we did better than any other minority communities than i think republicans have done in a long time. >> now back to tonight's story, the fallout from republican red night red wave in virginia and elsewhere. tonight's panel fox news contributor mark, along with senior adviser to former president trump, 2016 and 2020 campaigns bruce, welcome back to both of you great to see you. >> yeah, thanks for having me. >> good to be with you. >> okay, so, there's been a lot of breakdown on exactly what happened last night here is what one comment attar had to say at msnbc. jones says this: this contingent of angry willfully ignorant white people was the key ingredient needed to elect a gop governor in virginia since the first time since 2009. we can expect more republicans to try the same gambit as we inch closer to next year's consequential mid-term election. bruce, is that you laughing? >> they say angry black man, angry brother. look, hey, you know i'm sit still excited about the braves. i haven't slept all week. they can say whatever they want. youngkin came in with a message of america first, it resonated with all, you see what's going on, the economy, you see the gas prices, you see just the entire biden administration slipping down a slope. youngkin walked in there and said hey, i'm a business guy, i want to just leave my business, i want to come and serve, sound familiar? you know? many others like that, that people are really less-resonating their message as hey, these guys are regular people want to do the people's business. that's what won for him. he came in there, he found the void, he filled it, he brought his business experience to the voters of the great state of virginia, and it prevailed. more so than anything you saw the lieutenant governor, winston sears is so exciting. so listen, this is just the beginning o the red wave. well let me just reiterate that - - the real wave, okay? this is for all. i'm just really excited. i'm still pitched up about the braves, shannon. >> i feel like he's going to have the braves hat on, deer on, we're going to come back to him right after this and he's going to be all decked out. i want to play a little bit of the mainstream media. >> some some of it was dog whistle racism. >> a thousand percent. >> it's white identity politics that works for republicans. >> education. >> right. >> which is code for white parents don't like the idea of teaching aabout race. >> the real ominous thing is that critical race theory, which isn't real, turned the suburbs 15 points to the trump insurrection endorsed republicans. >> the delta variant of trumpism, in other words youngkin, same disease, but spreads a lot faster, and can get a lot more places. >> mark, you do a ton of political analysis. what do you make of this? i mean, they're clearly, they're hurting last night after what happened just like republicans were when, you know, in 2016 or 2020 didn't go the way that they wanted to in many respects at least not in the presidential part of the ticket. the language they're using, to me that's a lots of the stuff that drove a lot of those voters to the polls. so are they doubling down on something now that is only going to make people say we were right about what you think about us and that's why we voted the way we did. >> i'm just impressed by those crafty white supremacists who came up with the genius idea of electing the first black woman as lieutenant governor in the state -f virginia and hispanic attorney general. they really 16 see beyond race. it's ridiculous. the reality is, and they say that critical race theory is a lie and it's flipped to the suburbs. no, it flipped the suburbs was the fact that terry mccollough brought out his closer randy winegarden the teacher's union - - or terry mccollough and biden's education secretary saying that parents shouldn't be in charge of their kisseds' education, and parents said we are in charge of it. and then the other thing is this was a referendum on joe biden. okay? they have almost half of the voters, if you look at the exit polls half of the voters said they were deliver a vote -f confidence or no confidence in the president, and almost a third said that their vote was cast to send a message that they opposed president biden. what joe biden promised was normalcy, competence, and unity. he's delivered the opposites on every one of those things and if he keeps doing that the result is going to be the same in november of 22 as it is in november 21. >> bruce, there's talk here in washington now the president said it today voters don't like it when we don't get anything done so now it's time to get these multitrillion packages done. do democrats coalesce together and get one or both of those packages done in response to what happens last night or do they remain or fractured than ever with the progressives and moderates wanting two different things in many cases? >> it's a burning ship, you know, shannon. you know, the people you see it are pushing back in the senator and haves have is like wait a minute, and you see how reacting to all of this. listen, we've been in almost two years of a pandemic situation. people are anxious to go back to work. everyone knows the best anecdote to get the economy back going is to let the business and the free market get itself going again instead-sted of taking trillions of dollars you saw what's happening the last four or 5 months and employers i'm one of 30 million smallswiths here in this country my business colleagues having a tough time filling in the seats - - well, should i say, you know, the particular positions in their restaurants et cetera, short-staffed because of the money wave that came in because they want to throw more money at it they're like let's stop pinning this money and get the con american people going. so, yeah, they're in trouble. you see the hesitancy on it, the failed biden administration over to afghanistan and the list goes on. back to that school situation that's going on in virginia, the thing that broke this more than anything is when people don't like you messing with their babies. >> right. >> republican or democrat. san, we got a song for this - - hey, teacher, leave those kids alone. >> okay. >> play that song. >> although we will say listen as the daughter of a teacher for 40 plus years - - >> exactly. >> there are great teachers out there and we want to make sure they can do what they want to do and the kids can get the education. mark ask bruce, come back, we still have some more to discuss hope to see you again soon. >> yeah. >> thanks for having me. >> the supreme court taking up a controversial gun take we heard arguments today about just how much a state can restrict your ability to carry a firearm out is your home. we'll break it down with our legal eagles. former attorney generals are next. psoriatic arthritis, made my joints stiff, swollen, painful. tremfya® is approved to help reduce joint symptoms in adults with active psoriatic arthritis. some patients even felt less fatigued. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. tremfya®. emerge tremfyant™. janssen can help you explore cost support options. so what's going on? 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-easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. >> on carrying concealed handguns in public. the justice's final decision has the potential to change the landscape for gun owners across the country. >> it is a hot button issue the supreme court hasn't tackled in more than a deck id. second amendment and gun control. today's challenge centered on a new york permitting law who can legally carry a gun outside their home. the plaintiffs argue the right to self defense should be enough, not the heightened showing that new york requires. chief justice roberts pressed new york solicitor general barbara underwood on that point. >> if the person of the second amendment is to allow people to protect themselves, that's implicated when you're in a high crime area. it's not implicate would you're out in the woods. how many muggings take place in the forest. >> much of the arguments wound up focused on the issue of population density and whether the right to carry legally owned firearm outside the home should be based in part on where the right would be exercised. justice san diegan wondered where plaintiffs would be willing to draw the line. >> a ballpark? 50,000 people in one place, all on top of each other, we don't want guns there while justice elito asked why law abiding new yorkers should be at a disadvantage. >> all these people with illegal guns are on the subway but the ordinary people law abiding people i mentioned they can't be armed. >> several of the justices seemed to have leaning in favor of reigning in flew york's current permitting process. though justice wherebier noted how tricky it may be for the doubter to find the right balance. >> what are we supposed to say, in your opinion, that is going to be clearly enough that we will not produce a kind of done related chaos? >> let's get the experts to weigh in on all of this and the mayor to the case and the potential big impact impacts the decision. joining us former deputy assistant john - - coauthor of the amicus brief missouri ag eric schmidt, general and john, welcome to you both. >> great to be with you. >> we're going to play something from justice kavanaugh he had a very simple question in this case. >> why isn't it guille-good - - why isn't it good enough to say i live in a violent area and i want to be able to defend myself. >> general? >> yeah, i mean look, this is one of the most consequential second amendment cases in the history of the republic. about a decade ago in the heller decision the court said yes, an individual has a right to bear arms and then some lower courts have chipped away and made that look like maybe that's just for the home. this case is about making sure you have the right to bear arms outside the home. new york's restrict -f regime you have have to prove to a bureaucrat that you have a special circumstance. the constitution doesn't contemplate that. it's a fundamental right. it's a right to defend yourself and we believe in this country that's granted to you by god not by government or a king or a queen and governments just there to protect those fundamental rights. in this case, there shouldn't be that arbitrary or subjective regime that new york has and that's what this case is all about, to strike down that new york law to make sure that people can protect themselves and their families outside their home in addition to being inside their home. >> the biden administration is arguing in favor of upholding the new york law, deputies from the justice depart. brian fletcher who is arguing today said essentially if you look back over the years there have been many limitations on being able to carry a weapon in public and john, he said that goes in favor of new york being able to have this framework that they've set up and the state is working for that state. >> i'm afraid the biden administration has the idea of constitutional rights backwards when we have rights, speech, assembly, and the right to bear arms, we have the right first. and then the government has to provide a strong reason why that should be regulated. listen to how backwards it is in the biden administration telling the new york state that you have to go to the government and ask it to let you have a right. that's not how our constitution works. i think what's gonna happen is the court's going to say yes, you have a right, but in certain special situations the government can limit it in certain ways. you can't have guns in government buildings, schools, airports, and so on, but it can't go and say you just don't have the right at all, unless we, the government, give you the pearlation to have ital. >> well the aclu also filed one of these briefs and they said strict limits on securing weapons in public adopted to foster safety and, quote, the peace, conducive to a thriving public life are part of a long-standing public tradition. the second amendmentment has not prevented states from making this reasonable policy choice before and it should not now. new york's regulation should be upheld. how do you respond to the aclu's argument? >> i think the aclu has it backwards. this is a fundamental right, just like your first amendment right to assemble, petition your government, freedom of the press, speak your mind, the beating heart of the constitution, that pressure release valve we're very protective because that's a right we're born with and government coming in and trying to restrict that right is viewed with strict scrutiny. so are these second amendment rights, the right to defend yourself not just inside the home but when you might be in danger outside the home and as was mentioned by one of the justices that doesn't always happen in a forest. you happen to be around other people and we've seen it in since we're law abiding citizens defending themselves and their families they should have the right to do that and new york's restricted regime should be struck down. >> final word to you, john. >> i agree with that, that this conservative majority on the court is going to end this th the second amendment was a second class right. it wasn't put on a par with the other rights in our bill of rights in the 13th, 14th, or 15th amendments. the hard thing for the court was going to be what tests do the lower courts now use to examine every kind of gun control regulation every city and state can come up with in the future. >> they are going to have to craft something very carefully and you heard justice expressing concern about exactly how they get that done. we'll see. this decision is due by june. thank thank you both for coming in and lending us your expertise. >> thanks shannon. >> some good news before we say goodnight. an inspiring story of a man who lost both legs, that is not stopping him from climbing some of the world's most dangerous peaks. a russian paratrooper and double amputee lost his legs in an accident. five years late here climbed russia's tallest peak, the more than 18,000-foot climb decided to climb the world's eighth tallest peak over 26,000 feet in just 34 days and after he reached those heights he said he wanted to show that anything can be accomplished through action and kevin, i'm suddenly feeling very lazy. >> yeah, you and me both. i should hike more, i should take on more elevation, but i'd rather watch football. now this mayby - - it's true. this may be my favorite good news goodnight yet. i want to take you to arizona for this one where market on the move is a non-profit, that's dedicated to finding uses for leftover food and other random items so they don't go into land fills. pam valley view liver is the brain - - she's also the get thh week pam rescues 50,000 pounds of fruits and vegetables, a good news goodnight salute to pam and the folks over there. >> that takes good action and planning. >> yes. >> to get to a great result. >> incredible. >> thank you for highlighting that. >> that is it from washington we'll see you tomorrow. it only takes a second for an everyday item to become dangerous. tide pods child-guard pack helps keep your laundry pacs in a safe place and your child safer. to close, twist until it clicks. tide pods child-guard packaging. ,,. ... - whether you are a religious person or not, most americans agree that we are facing a severe truth crisis. so many people are choosing their own feelings and limited experience over long proven, established truth. the result? 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