that is a shame. the headlines often don't match reality, there was no discussion during this oral argument go when life begins, no political speeches. there was a lofty conversation about the law, in particular an old case. ex parte young about railroad thieves it has nothing to do with abortion, it is important but boring, that is the way that life is sometimes. we should be wary of letting others summarize for us what happens in the highest realms of government, especially when they rarely get it right. we're a democracy which means the citizens are expected to participate. and engagement contentious issues abound in our country, this oral argument was not easily reduced to provocative headlines, calculationed to inflame, written by journalists who could not get into law school. this oral argument was as much process as it was the result. it was about the one thing which sets us apart as a nation. which is the ability to put the law ahead of our own personal opinions. it is a shame that is not reflected in the reporting, president of judicial crisis network, she did very well in law school and the supreme court. she is joining us now, carrie your reaction. >> i think you are right. people talk about this case as if it is going right to roe v. wade. this case was about procedural issues that are unique to the way that texas law is structured. what concerns me about the case, to make sure that court is not getting distracted by their issue in policy issues. but that the all of the discussion of this abortion issue does not distract them in the questions who can bring the lawsuit and who do they have to sue, that is really the question in this case, not as exciting as roe v. wade valid law, but the court has to not be bullied. i think under normal principles you might have to wait a little bit longer to challenge the texas law, a lot of people don't want to hear, that they want to move forward just because it is abortion. that not how it works. trey: you you are right, the exporte law is not an exciting case but it is important. why was the focus on this 1908 case? >> well, normally an individual, not able to sue the state government, they have sovereign immunity, they are trying to find a way for the abortion clinics to be able to sue on challenge the texas law. the problem is in texas law it was specifically written so there are no government agents, it allows you in certain circumstances to sue certain government agents who are enforcing a law. in this case there are no government agents enforcing the law it forced by individuals who might bring suit under the law, they say let's change the decision and make it maybe you could also sue the judges that sit on the cases, making up a new type of law because you don't like the outcome in the case is the opposite of the rule of law, we have to say you know when there are procedures for a reason, there will be an opportunity to test whether the law violates roe and casey but not today with parties here, united states is not right party to bring the suit. the state agent people are not actually the ones enforcing the law, there isn't anyone to sue yet. >> i want to ask you two broad questions about the court. how can a justice be personally opposed to the death penalty, yet vote to affirm a conviction? be personally opposed to abortion yet strike down a law like the texas law. how do justices separate what they personally believe from what the law calls them to do? >> they are a little bit different things, there are cases in which a judge and justice barrett wrote about this, as a law student. about death penalty question, in this case, a judge is sometimes part of the process, especially if you are a trial judge. in those cases, her solution was, which i think is great, if your religious beliefs have strong beliefs in the case, and it conflicts with the law, you have to recuse yourself, you don't put your own beliefs above the law which you have worn to withhold. in the case of abortion it is a little bit different, the state is not saying, we're going to perform the abortion in this case, they are simply saying can this law stand, justice scalia said it is not about whether i believe in abortion but if the of constution talks about abortion. -- constitution talks about abortion, it does not, that means it is left to the state, that is something that supreme court will have an opportunity to weigh in oin the don't -- on, in the dobbs case. seeing texas case come up, we'll have cases whether from texas or arkansas or kentucky, all these cases in line, testing other aspects of it, there is no way to get a way of dealing with the real underlying question, not what you think about abortion. it is, is the abortion really in the text of the constitution itself, if not, why are we making these calls leave it to the american representatives. trey: thank you carrie. i hope you come back and join us. >> thank you so much, trey. trey: coming up, they are called breakthrough covid cases. you have been vaccinated or even received a booster, yet you still get the virus. what are your treatment options, dr. saphier will join us next on "sunday night in america." voltaren is al anti-inflammatory gel for powerful arthritis pain relief. voltaren, the joy of movement. ♪ (man) still asleep. 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(vo) reflect on the past, celebrate the future. season's greetings from audi. up to one million dollars. that's how much university of phoenix is committing to create 400 scholarships this month alone. if you're committed to earning your degree, we're committed to making it accessible. because we believe everybody deserves a chance. and sometimes one chance is all it takes to change everything. see what scholarship opportunities you may qualify for at phoenix.edu in business, setbacks change everything. so get comcast y business internet and add securityedge. it helps keep your network safe by scanning for threats every 10 minutes. and unlike some cybersecurity options, this helps protect every connected device. yours, your employees' and even your customers'. so you can stay ahead. get started with a great offer and ask how you can add comcast business securityedge. plus for a limited time, ask how to get a $500 prepaid card when you upgrade. call today. trey: it is frustrating when we do everything we are told to do and things still don't turn out well. we were told to get vaccinated and the booster shot too. what if you do that, and still wind up getting the virus. are the therapies and treatments widely available? how can you protect yourself if you are one of those breakthrough cases. what should you ask your doctor? who better to ask than dr. sapphire. -- sapphire. >> answer is yes. i think that everyone knows i don't need to go and espouse all clinical trials showing ability has bedeclined overtime. from 90% to 65%. good news that still highly effective as prevents severe illness. it does not get to 100%. what about those people who do get sick. how can we insure that they -- give them the best chance was not getting a severe illness, we have multiple medications that have proven effective in outpatient setting if given within 3 days of on set of symptoms. but can patients access these. are they able to get them and afford them? that is going to be what determines whether or not the medications will be ground breaking. trey: you wrote a book about dangers of mixing politics and medicine. let me ask but something specific. monoclonal antibodies. i am asked from time to time, why is that a political issue? antibodies are not political? why is whether or not someone takes that a political issue? >> i think we have learned here any that president trump or governor desantis mentions or speaks favorably of, immediately they have push back. people saying that it is a charlotte -- they have been proven over and over again to work in serve situations, the problem with monoclonal antibodies it requires medical personnel to be there, it is very expensive, other medications, merck's new medication, about 50% ability to reduce hospitalizations and pfizer's my drug reports about 89% ability to reduce hospitalization, these are all tablets you should be able to get from your local pharmacy, that easier for people. at-this-point there cannot be a reason to politicize these, there is ample data from monoclonal antibodies and these medications sewing they are effect -- showing they are effective and are safe in these populations, we need to get them to the vulnerable. trey: let's assume someone is vaccinated or boosted. but gets the virus, they are sitting in their doctor's office, what are the questions they should be asking? >> great question. how do they know they have covid-19 at that point, are they getting a routine surveillance test. if they have symptoms, they are likely just mild. like upper respiratory infection like a cold. if they have risk factors, not just diabetes or congenital heart disease but being overweight, all that increases their risk for developing more severe symptoms, if they check any of those boxes, even just one, they should talk to their physician to see if they should try any of the outpatient medications, it may keep them out of the hospital and save their life. trey: dr. saphier. you are the best, thank you for helping us understand the conversation we should have with our doctors and our options, have a great rest of your weekend. >> thank you, trey. trey: coming up china tested a supersonic missile in the fight over taiwan and our willingness to defend taiwan is alive and well. what is china up to and how should american respond? that is up next in "sunday night in america." en they got a. 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. ♪ wealth is breaking ground on your biggest project yet. worth is giving the people who build it a solid foundation. wealth is shutting down the office for mike's retirement party. worth is giving the employee who spent half his life with you, the party of a lifetime. wealth is watching your business grow. worth is watching your employees grow with it. principal. for all it's worth. as these may be permanent. these are not all the serious side effects. now i'm back where i belong. ask your doctor about latuda and pay as little as $0 for your first prescription. trey: tensions with china have increases every everything from human rights violations to cyberattacks to military aggression. we're still dealing with the consequences of a pandemic that china mishandled from the inception. pentagon reports china nuclear arsenal will have a thousand nuclear warheads by 2030, more than double original projections, president biden sending confusing, sometimes conflicting messages on china? here is what he said this week. >> this is competition, it does not have to be conflict. we expect them to play by the rules of the road, we're not going to change our attitude to constitutional airspace and sealand and et cetera. i don't anticipate a need for physical conflict. trey: i'm not sure i can tell you what that means. hopefully or next guest can, mr. gordon chang, china policy expert, author of great u.s.-china tech war. mr. chang, i don't want to ask you to do the impossible, but what is president biden's policy toward china. >> we really don't know. it has been directionless, we heard a number of senior administration officials say, we're going easy on china until cop 26, climate summit in glasgow, they want to entice china to enhance climate promises but that is not happening because xi jinping did not go to glasgow. chinese-made it clear they are not giving bigger promises and disdain full to u.s. u.s. i don't know what their direct is with china. they don't respect the biden administration, we know this from a series of propaganda releases and statements from officials, i think they believe they can pos the boss the united states around. we hear this from members of the elite in beijing, this is a dangerous time. it does not matter, what matters is what they think, they believe that biden is not going to oppose them. trey: mr. chang for those who may have forgotten or just has been out of their mind, taiwan, and shine and china and u.s., what is history and what commitments did we make to taiwan. >> we made a commitment to taiwan to give them weapons for which they can defend themselves, we have not made a commitment to defend taiwan. i think that biden wants to do, that we heard that in the town hall in october, his administration has walked back his firm comment. i think that makes chinese believe that biden administration will not doe to defend our ally and partners. china wants taiwan, we can't let them have it, this would not only be an attack on democracy but our western defense perimeter, we cannot let that occur, taiwan is occurred to be -- considered to be the key test of american resolve. trey: mr. chang, if you were advising presidents or members of congress, how should our elected officials deal with china? what do they respond to? just negotiates. take your pick? >> when you impose the great cost on china, then china will do what you want. but if you try to entice the chinese in to cooperation by making concessions first, which is approach of the biden administration by the way. then they just take the concession, pocket it, then ask for more. so for instance on all these, we should be saying to china, look, we're going to increase our tariffs, not let you trade with us or invest in you, we'll do all these things to protect ourselves, because, trey, you have to remember china took steps to deliberately release the virus beyond china's borders, we know they deliberately spread it, we have impose a cost that is 753,000 americans who have been killed. killed. >> we seem to have lost some will to find out about that origin, mr. chang thank you for joining us and enlightening us on china and u.s.'s relationship with them, we hope you come back. >> thank you so much, appreciate it. trey: joining us now, former congressman, former white house chief of staff, mick mulvaney, let me start by expressing my condolences to you and passing of your father who was a wonderful man. >> thank you, trey, i appreciate that, he always enjoyed golfing with you. trey: before we get to china, we were talking this week about supply chain. i ask you directly, is it a public or private sector issue, you smiled and said yes. what did you mean? >> it is both. you have something as complex of u.s. economy. probably not surprising you have private sector involvement. and government involvement. while i think that the biden administration tried to sort of do the right thing, when they cut the deal in long beach ports about ayalon ago. -- about a month ago that was not enough, that was probably one out of a thousand things they should be doing, they are quick to say private sector has to pick up the slack, this is correct, but there are other things that government can, should be doing but they are not, you get a feel they went on tv, did one press conference, said they cut a deal with long beach but not bringing in the approach. trey: you pointed out regulations as it relates to truckers. and others that private sector may be operating the trucks but they don't set the rules and regulations, what are some examples of things that biden administration could do? >> keep in mind, deal they cut at long beach was not a government rule. it was a private sector thing that government negotiates,ed it did not start the ball rolling. if you were going to take a whole of government approach, you would do what trump administration did with vaccines with warp speed, to every single agency and say, what can you do to make things better, if you do that today with supply chain, you go to department of labor, say what about your work rules, what could we change temporarily to allow people to work more and department of transportation, they have ruled about long distance truckers, and what can we change now, and garc -- gsa saying do you have excess land we could use to store the cargo. and new and quicker routes, a state department thing to work on. people don't understand how heavily involved the government is in supply chain, until this biden administration starts to pay attention, private sector can to everything they want but it is not going to be enough. trey: mick, one many thing that i like about you, you don't scare easy, how worried should we be about current supply chain issues, not whether or not we get our present for christmas. a big deal to some. but in general? >> i don't think trey, that we should be worried about ordinary, every day, we're not running out of food or gasoline, my wife said she went to grocery store, and that the produce is half of normal,. and christmas trees are going up. you not talking about going through what our grand parents did in world war ii, not that but not going to be the way it was before, we'll pay a price. either with inability to get things we want or paying higher for the stuff we can get, let's be hopeful it is only christmas trees and food and not medicine, when you talk about that, you talk about things that really could change folks' lives, it would be type of thing, if we were in charge, you were in house, i were in white house, we would be on phone saying, okay what can congress and administration do together to help, it going to start affecting people in their every day lives that will be a problem. trey: mick thank you, i'll have you back. enjoy your weekend. catch up with you this week. >> thank you, trey. trey: still ahead, republicans won in a blue state less than a year by losing by 10 points. >> can those lessons be applied in coming midterms and beyond. we hear from both sides of the aisle next on "sunday night in america." a moss for w. when a cough tries to steal dad's punchlines, he takes robitussin naturals powered by 100% drug-free ingredients. are you gonna leaf me hanging? 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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. every day in business brings something new. so get the flexibility of the new mobile service designed for your small business. introducing comcast business mobile. you get the most reliable network with nationwide 5g included. and you can get unlimited data for just $30 per line per month when you get four lines or mix and match data options. available now for comcast business internet customers with no line-activation fees or term contract required. see if you can save by switching today. comcast business. powering possibilities. trey: >> >> donald trump wants to win her tomorrow night. we're going to put an end to donald trump's future plans, right here in virginia. virgini. >> i think we're going to win in virginia. >> i have beaten trump twice in virginia, tomorrow we go 3 and 0. >> we're going to win. >> all righty, virginia we won this thing. >> engaging in self reflection is easy after a loss. we're demoralized. we want to know what happened, how. that same analysis and self reflection is just as important after a win, this is time for celebration. but most successful people and groups and political movements spend more people in evaluation than in celebration. here is what we know. republicans won in virginia, virginia is a blue state. one republican candidate for governor won in previous two decades. one republican presidential candidate won in previous two decades. both u.s. senators are democrats, 7 of 11 members of house are democrats, joe biden won in virginia by 10 points, unless i am color blind that is blue, yet republicans won the governor race and lieutenant governor race, making up a double digit political deficit in less than 12 months is rare. and hard. that is the what. now we must reflect on the why. why did glenn youngkin win and why did winsome sears win. what issues did they run on? can they be used in other races? what was their tone and demeanor? house and senate democrats are uneasy tonight. the dc media will advance reasons that don't under cut and impeach their own liberal orthodoxy. americans are fine with making america better but not find with radic alley changes america -- radically changes america. politicians are not good at self reflection, they over state small -- to big mandates and refuse to accept responsibility for losses, to understand elections we must focus on the why. why did republicans win? why did the stay go from biden on glenn youngkin in less than a year? was it a repudiation on the left, an embrace on the right, or something else? if they could avoid talking about issues that voters don't care about, there may be more victories next fall. be mindful of the what. be mindful of the who. but focus on the why. joining me now fox news contributor jessica -- thank you for joining us, how do you analyze what happened in virginia and why. >> i had a lot of similar thoughts to you, more of liberal variety, but on the same lines this glenn youngkin plan and winsome sears plan is something that can be replicated. at least in areas where there are a lot of moderates hanging out. in -- deep red it will be trump land and far right ideas, no network and will california are not going red any time soon, but virginia was a real race focused on issues, that glenn youngkin did not want to become nationalized. he took endorsements from national politicians, including former president trump. he didn't have him side by side with him campaigning, he focuses on what he knew voters in virginia were focused on. education. not necessarily career critical race theory but education itself. what is going on in the class, do i like what i'm seeing and doing while my kids are in school, that how is he got ahead of terry mccauliffe. trey: i did poorly in geography, i'm guessing that west virginia is close to virginia? just a questions guess of mine. between listening to joe manchin or the squad who says that democrat did not go big enough quick enough. it is really not about what we wish. it is about the why. if you were advising democrats is it more listen to joe manchin or any bigger and quicker. >> not a favorite of far left of the party they already dislike me for my hillry love and bernie bashing. we were able to pass infrastructure on friday with most of the far left side of the party coming along for the ride, not the core of the squad. but for congresswoman. that we have unity around idea that are palatable to joe manchin. i believe this is a center left country, there are a lot that moderate republican voters are in favor of, they like things like, making sure that there are bailouts for people who really need them and expansion of medicaid, they would like a public option, paid family leave is huge, having government take responsibility for climate change, not introduce number of regulations but maybe taking responsibility, that is where joe manchin sits on this. west virginia is more conservative than rest of democratic states, but look at coalitions of 2018, and 2020. we got those moderate g.o.p. voters because we were running moderate campaigns, that is where we need to head again. >> thank you for giving us the perspective that i cannot give. i do not have it we hope you will come back. and i am going to try out my theory both sides over read election results. fair warning we'll talk about that next time you join us. >> i will be ready, thank you, trey. trey: joining me now, house g.o.p. chairwoman new york congresswoman alise stefanik. welcome to you, why do you think that glenn youngkin succeeded where other republicans have not? >> well, glenn youngkin was an exceptional, anakin -- candidate. he made education a priority. that allowed him to grow his base. from everyone who are fed up with status quo. and he ran on the economy. making sure that virginia is from his perspective, the strong estate in the nation to create jobs and grow small businesses as they have struggled with recovery after covid, he ran as a big tent republican, he did well in rural communities, we won by 27 points but also in suburbs. he expanded our support among hispanics, african-american, suburban women, this is about addition not subtracttion this is candidates matter and your message matters. on flip side, democrats ran a campaign of the past, terry mccauliffe talked more about donald trump than glenn youngkin, we remember in end terry mccauliffe brought in sir -- surrogates from past that include former president barack obama and a head of former state teacher union, it was a democratic campaign of the past not future, and results showed at ballot box with a overwhelming win not just glenn youngkin but most diverse ticket with winsome sears as lieutenant governor scan date. candidate. trey: republicans did not always do well with women voters are young moms, lucky for me you are both, congratulations, how can republicans note in virginia takenese lessons and apply them. >> i think bringing solution is important, issue of education. i can tell you, i think a lot about making sure he has the best education possible. republicans are the party of parents, democrats are party of the failing status quo, they prior tease teachers union instead of students and parents and teachers, this race showed that the republican party is truly the party of parents, i serve on education committee, this say growth opportunity for us to share our message. ing in economic opportunity is huge for working moms, making sure there are good paying jobs, and inflation is having an impact up and down the ballot in some ways, judgment on joe biden's failed economic policies as working moms, women see the inflated cost whether the grocery store or diapers, i see those costs go up month-to-month. trey: you know, congresswoman, sometimes winners misread a narrow victory into a mandate and every now and again, people that lose make a lot of excuses other than the obvious. you voted this week. after the virginia election results. did your colleagues on other side of aisle learn anything or are they really going bigger and faster? >> they are doubling down. house democrat attempts to go bigger and faster and more spending. we already facing an economic crisis whether labor shortage coupled win -- with the inflation crisis, democrat discussing biggest spending package and largest tax hike in 4 nation's history, they did not learn the lessons of virginia, not far left socialist ideas that voters are looking for, they are looking for candidates that stand up for issues that matter to them with solutions, but nancy pelosi and being controlled by the far left. so in coming weeks we'll see as they negotiate their trillion dollar tack and spend -- tax and spend package how costly it will be for american people. what is important, they wanted to vote on this before a congress offers score that means getting rid of washington speak, they don't know how costly it would be to taxpayers and how significant tax increases would be, american people deserve to know the cost, true cost of how many trillions this will takeover the next decade. trey: congresswoman, i hope you are actively involved with leader mccarthy and others in setting agenda and picking candidates for falls that has all makes of a successful fall if republicans can avoid blowing it you say sam is 10 weeks old. >> yes. trey: i'm sure he is already reading knowing you, as smart as you are, i look forward to visiting with you again. >> we read every day, thank you, trey. trey: coming up, how best can we honor our veterans? next on "sunday night in america." >> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ trey: history is study of names we know. but often written by the names of men and women we don't know. history our history as a nation, was written by average every day americans who answered the call of duty and service. this week we call them veterans, they were like like u, they had hopes and dreams and goals, they wanted to go to school, and work and raise families and enjoy will comforts life. but they put those hopes and dreams and desires hole, they found something -- hold they found something larger to serve. memorial day saturday we honor those who died and sacrificed for our country. veteran's day for those who lived, but live different kinds of lives as a result of their service. you may know by now i pull for dallas cowboys, roger straw -- is why, he postponed his football career for 5 years, maybe the best 5 years. to serve our country in uniform. that is why i started pulling for dallas. mr. balk -- is not only person to do that no lewis. and pat tilman patty bird. the cun less men and women, who did the same thing. but country ahead of themselves, postponed hopes and dreams and missed american life events like birth of children and innocence of youth. such a beautiful story of -- service. the best hitter in history of baseball serving along those who could not make a high school baseball team. there is something -- elegant about equality of service, making us wonder if our country would benefit took time off to serve some calls bigger than ourselves, several months ago on memorial day, i asked you to do the impossible. we ask men and women who died for this country whether their sacrifice was worth it. veteran's day affords us a chance to ask the question and process the answer. was your service worth it? would you do it again? is what you lost worth what we gained? are we as a country worthy of the time, relationships, the missed opportunities? to know whether your service is worth while, necessarily means we must know what it is we're serving. what are ideals and presents that are american that men and women are inspired enough to put life on hold and serve? we don't have the draft any more. we're a voluntary military. a good use of veteran's day to ask those who did serve in uniform, have we become when you dreamed we would be? and as for us, our country does not make us serve others, it shouldn't have to, what are we doing to serve our country and fellow americans? that is a great question to ponder. on veteran's day, thank you to everyone who has served this country and made us the greatest experiment in self governance the world will ever know, if we could keep it. have a great week ahead, until next week you can find us on-line. good night from south carolina. ♪ ♪ ♪ ♪ mark: hello america, i am mark levin, had is "life, liberty and levin." we have two great guests, kevin mccarthy, republican leader in the house. and former senator, governor of virginia george allen, we dive into the election results. but before, you know i do things differently here, and

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