we are looking at inflation at the fastest in 30 years. >> cnn's chris cuomo has been suspended indefinitely recommendation he should have been outright fired. this is an anchor who served as a political hit man by attempting to smear credible it of sexual harassment. >> i think it's silly and funny. i agree with everybody's right to demonstrate no matter how -- ♪ this is my favorite time of year ♪ christmas is my favorite time of year. ♪ christmas is my favorite time. brian: according to those singers it's their favorite time of year. carley: is it for you? brian: i don't want to put words in my mouth. i don't know if that makes sense. yes. by the way that's the all-american christmas tree. the only tree that really represents the country i this country and we are in new york city. ainsley: i have red, white, and blue. brian: 4.8 million people bradley cooper knife point in the subway we found out yesterday. steve: wait, i'm depressed now. the reason we are showing the christmas tree is because today is the december 1st. ainsley: that's right. steve: let's start christmas. brian: i think after thanksgiving is december 1st. steve: officially light it on tv 10:00 eastern on sunday night right here on fox news channel and it's also going to be on fox nation. so, check that out. light the big tree. the tree is bigger and better than last year. ainsley: when you walk in the building you can hear all of the music ainsley: festive outside. if you are in the new york city area come by. brian: is it true where knocked it down one w. one arm? ainsley: one strike. brian: wish had that kind of power. al roker is not going to light our tree. [sighs] steve: we light tree. there's a block away. see it on fox news channel this weekend. happy december, everybody. ainsley: we would always avoid fox news when we had to work at night. that's the tree lighting day. traffic is so bad so many people here are here in this area. i would always do the subway to get to work on tree lighting night. remember that? gridlock alert day. brian: new york city is doing something interesting they are rebuilding the whole city at one time. whole city is surrounded by scaffolding we had a whole year with the pandemic when no one was here. couldn't they have deny cpac ling then. ainsley: we know you love mayor de blasio one more month. now he has injection sites in new york. can you go and inject yourself with drugs because you are in a safe space. brian: under supervision. steve: bradley cooper and the shoot-up gallery, welcome to a great wednesday. ainsley: according to brian we have the only patriotic tree that's a reason to come here. steve: who knew with a star on top. because we are in a news channel with a really patriotic christmas tree, let's talk a little bit about the news and bad news for the biden administration yesterday. a federal judge in st. louis, guy by the name of terry doughty temporarily blocked the administration's mandate on healthcare workers. it was all part of a lawsuit filed by 10 states. the judge says that the biden administration exceeded their authority. and this came just hours after kentucky judge blocked the government from enforcing the mandate regarding government contractors in three different states. so, despite the fact that early on a lot of courts found in favor of the employers mandating things. when it comes to the government, the government and the judicial branch is saying you're going too far, joe. you can't do that. ainsley: i wish they would block the mandates. many of the moms are upset schools making them do that. steve: local. ainsley: that judge was appointed by donald trump. steve: st. louis. ainsley: mandate -- the first shot has to be by the 6th of december. and you have to be fully vaccinated by january 4th but now that is blocked. the healthcare workers are excited about this so many facilities can't find workers. if you go one of these facilities, the elderly, people on medicare, medicaid they don't have workers that can help these individuals. steve: what about the people who already got fired? ainsley: exactly, that's true. brian: they waltz right back in there and say hire me back the judge has made these decisions this on top of previously that osha decision that was goods to oversee those private businesses with 100 or more employees. that was supposed to be implemented. that is on hold, too. no question that mandating a vaccine to healthcare works something done by congress not a government agency. it's not clear that an act of congressman dating a vaccine would be constitutional. he went on to say if human nature and history teach us anything is that civil liberties face grave risks when governments proclaim indefinite states of emergency. during a pandemic such as this one is even more important to safeguard the separation of powers set forth in our constitution to avoid erosion of liberties, which is happening by the way. it's important to preserve the status quo in the united states. the liberty interest of the unvaccinated requires nothing less. if they went through congress it's okay. buff you didn't so it's not. eventually another court will decide. steve: to make it clear for you, when it comes to your company, if your company has a mandate or a protocol -- our company does, then they can decide what happens to the employee. but when the federal government starts to do it to their own employees, that is when the courts are saying, you know what? we think you have exceeded your constitutional limit. ainsley: because they are going around congress to your point to make these mandates. and they are saying three branches of government that is not constitutional. brian: is there a lawyer at the white house full time. part time a retainer with 1-800. steve: you think they would review all this stuff and apparently they did. brian: oops? other thing in new york happening again. right away we don't know anything about this mutation they declared a state of emergency. people with elective surgeries are told to go on hold. a lot of elective surgeries are not necessarily elective. in constant pain about to get alleviated. hip repair. hospitals don't make any money it's for profit. they are waiting for a surge, they're hoping for a surge of new variant patients which aren't coming because we know nothing about it and only a handful of cases in a handful of countries. here the governor of mississippi. >> i'm afraid that they are going to continue to issue lockdowns to do mandates, to do requirements in blue cities and blue states for as long as they can maintain control. because, if you think about it, the national democrat party believes in centralized decision-making. whereas we believe in the individual and telling people the truth and let them make the best decision for themselves. the national democrat party believes in nationalized decision-making. they would freezer make all decisions in washington, d.c. if they can't do that they are happy to do it in the governor's office or in the mayor's office or other areas. steve: so the question is in what cases does the federal government exceed their authority? we're going to tell you in about an hour about a story from "the washington post. apparently they have gotten ahold of a new health order where people who are traveling to the united states, when they come to the united states, regardless of vaccination status, even if you are an american citizen, you are going to have to, it sounds like, quarantine at home for a week or face a fine. the question is apparently the department of justice has not weighed in on whether or not it's legal but that is one of the things they may announce tomorrow. ainsley: what if you can't afford to do that. what if you are taking your family on vacation visiting a loved one. you come back and have to quarantine for seven more days? you can't afford to take off two weeks of work like that. steve: prevent people from doing it. ainsley: exactly. brian: some french people stay in new york city hotels mostly vacant or renting a car harder than you think. steve: no cars. brian: the transportation that's going to -- say i'm not going to pay for the plane fair, the car fare, the hotel fare i'm not going to quarantine before i come in. i have been vaccinated i passed a test to get on the plane and off the plane and go to a hotel room and stare at the wall. here is alex berenson this is insanity. he studied the facts. got a brand new book out called pandemia. >> no one wants to get boosters three fold b the vaccine mandates are collapsing. all three of them have been stayed by judges, cms, the osha, and the federal contracting mandates are all on hold there are no mandates right now in the united states. and people don't want to get their kids vaccinated they are aware the vaccines are failing. it's not going to work. people are done being scared. brian: i hope. so i think a lot of people aren't. brian. ainsley: also with inflation and gas bills going up. people are ready to move on. steve: right, absolutely. the news of this omicron variant coming out is going to be several weeks until it is known whether or not the variant can evade the current vaccinations and treatments and, in fact, the people from moderna and pfizer and j and j are all saying we don't know how effective it's going to be. the w.h.o. yesterday advised people over 60 who are not vaccinated against traveling to hot spots with coronavirus. so beware. brian: thanks, china, appreciate it. ainsley: president expected to make strict new testing rules. brian: can't wait. steve: here in new york city where we lit the christmas tree. still to come roe v. wade is on the line as the supreme court is going to hear arguments over mississippi's abortion ban. brian: and why is bill nye hanging out with the president? >> we want to electrify our ground transportation so we don't have this carbon in the atmosphere. brian: i'm just fascinated by that. tell you why the policy the science guy is now pushing to change the world ♪ ♪ sing a song ♪ sing a song ♪ sing a song ♪ sing a song ♪ to be a thriver with metastatic breast cancer means asking for what we want. and need. and we need more time. so, we want kisqali. women are living longer than ever before with kisqali when taken with an aromatase inhibitor or fulvestrant in postmenopausal women with hr+, her2- metastatic breast cancer. kisqali is a pill that's significantly more effective at delaying disease progression versus an aromatase inhibitor or fulvestrant alone. kisqali can cause lung problems, or an abnormal heartbeat, which can lead to death. it can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. tell your doctor right away if you have new or worsening symptoms, including breathing problems, cough, chest pain, a change in your heartbeat, dizziness, yellowing of the skin or eyes, dark urine, tiredness, loss of appetite, abdomen pain, bleeding, bruising, fever, chills or other symptoms of an infection, a severe or worsening rash, are or plan to become pregnant, or breastfeeding. avoid grapefruit during treatment. ask your doctor about living longer with kisqali. bye mom. my helpers abound, i'll need you today. our sleigh is now ready, let's get on our way. a mountain of toys to fulfill many wishes. must be carried across all roads and all bridges. and when everyone is smiling and having their fun i can turn my sleigh north because my job here is done. it's not magic that makes more holiday deliveries to homes in the us than anyone else, it's the hardworking people of the united states postal service. switching wireless carriers is easy with xfinity. just lean on our helpful switch squad to help you save it's the hardworking people of the with xfinity mobile. they can help break up with your current carrier for you and transfer your info to your new phone. giving you a fast and easy experience that can save you hundreds a year on your wireless bill. visit your nearest xfinity store and see how the switch squad can help you switch and save. it's the xfinity black friday sales event. learn how to save up to $1000 on select phones by visitng your local xfinity store today. ♪ brian: a fox news alert. one officer killed. another injured after a suspect opens fire on police in georgia. can. ainsley: police say the suspect killed at least two people and shot a child in the face before engaging the officers. steve: oh, man, mark tightner is live with details from georgia about this deadly shootout. mark? >> yeah. just simply terrible situation. we are in rex, georgia south of atlanta in clayton county. the house is right up that hill. let's show you the officer who tragically lost his life. he has been identified as henry electionem. a training officer and a member of the swat team here. he was shot and killed, also injured in this is another officer who has been identified as officer alex chandler. another member of the clayton county swat team. they responded to a domestic dispute call at this home. they found a 12-year-old boy who had been shot in the face. as the officers approached. they say a suspect started shooting at them. those officers took cover. the swat team moved. in that's when the suspect got into a gun fight with the swath. that's when officer was shot. other swat members shot and killed the suspect. they have went into the home and found two women who had also been killed. we did talk with the clayton county police chief about all of this, especially considering that this is the third law enforcement officer to die here in the metro area just in the last month. >> these men and women do an honorable job every day. it's unfortunate that we have to make these reports time and time again. >> at this point they have not released the names of any of the women who were killed waiting for notification of next of kin. reporting from rex, georgia. i'm mark fox news. steve: 8 in the year. the sheriff put out a statement about the officer. officer was one of clayton's finest and unquestionably our very best. laxin exceeded our expectations what a police officer should be. i will greatly miss your smile young man. rest easy, son. the brotherhood will continue the watch from here. ainsley: look how young he is they arrive at the scene because a woman is motionless on the month lawn. steve: dead. ainsley: leads them to the area. he is in critical condition now. the police are shot upon when arrive and then exactly and then the suspect runs to the backyard. they chase him. the suspect is dead. two women allegedly dead and then or two women are dead. the articles i read. and then the officer is shot. steve: the other officer shot in the arm. ainsley: hand arm? okay. steve: terrible. brian: carley other stories. another tragedy this morning. that fox news alert as well. three students killed 8 others are hurt including a teacher during a school shooting in michigan. police say a 15-year-old suspect took his father's gun and opened fire at oxford high school. terrifying video shows students running for safety. the suspect pretending to be a sheriff's deposit. at this time listen to this. >> let me in. sheriff's office. please come out. carley: those killed are between the ages of 14 and 17 years old. including tate, standout linebacker who was killed trying to disarm the shooter. rename the school in his honor. god bless him. caught on camera, target a mother and baby right outside her home in broad daylight. here you can see them cornering her. the mother gave the suspect her diaper bags and body cooler. police are looking for the suspects black males between 20 and 29 years old. driving a silver sedan with tinted windows, today the supreme court will hear biggest abortion case in decades. oral arguments starting in just a few hours over mississippi's abortion law. the legislation effectively within as abortion after 15 weeks of pregnancy. the case will challenge whether roe v. wade gets overturned. potentially changing reproductive rights a across the nation. calls to fire chris cuomo are growing as cnn indefinitely suspends the anchor after learning he played a much larger role in his brother's sexual misconducted offense than he previously admitted. one text exchange with a andrew cuomo's top aid melissa derosa reveals chris it sources potential allegation. another shows chris cuomo suggesting rebuttals to some of those allegations all of this coming less than four months after his brother sexually harassing 11 women. so he was on the air on monday suspended indefinitely yesterday. and anderson cooper did two hours in place of chris cuomo. ainsley: i think it toobin was on set with him the guy who was in trouble for what he did on zoom. steve: he was indefinitely suspended but still has his job. his is the cover of "the new york post." chris mess jeer. brian: if he said i'm going to step aside three months i'm going to help my brother i'm a lawyer. it. steve: when he was governor. brian: if he stepped aside as anchor, i don't think it would have been a problem. ainsley: it's tough. when your family member is in trouble you want to help them and support them but you are in the news business and you have to be careful about that. steve: he broke a bunch of rulings of journalism. ainsley: maybe he will come back and abowl guise and move on. i know his wife very well. she is the sweetest person in the world. prayer force that family but prayers for those victims that have gone through so much. steve: he said one thing on tv but behind the scenes and i think that's the what statement from cnn revealed is we had no idea what he was doing behind the scenes. that's why they have temporarily indefinitely suspended him. brian: i would say michael goodwin has a good perspective all because of governor andrew cuomo his behavior and arrogance and staffers paid the price with their careers and now his brother. it all stems from irresponsible of arrogant governor who did a series of things that just shows he is not only friendless, he is -- he was just a terrible governor at the worst possible time. we propped him up. and in the end the carnage was all around him. steve: all right. meanwhile, joe biden was out in the great state of michigan -- minute sewed yet. ainsley: minnesota. steve: there are so many m states in the news today. he was selling the benefits of his infrastructure bill which, of course, passed by -- it was bipartisan support through the senate and then it was signed by the president. although it took him a week. and there he is at the dakota county tech college, he talked about how many bridges in minnesota were going to get fixed. obviously, this is also just to get people excited about infrastructure. and what he has referred to as infrastructure in the past. the build back better program, which is, you know, is still languishing in the congress. ainsley: remember when we were on air bark in 2007 and the bridge in minnesota collapsed. minneapolis. and so he was -- he was talking about -- and there were 13 people killed in that. that's why he was pushing infrastructure and talking about bridges, i will make your bridges safer. he won that state by 7%. brian: couple things to keep in mind. ultimately judged by how these prongeghts are executed are they going to get out on be time are they going to environmental impact studies. local politics take over the bridges tunnels and roads dollars afforded for actual infrastructure. i think that is going to be key. i was listening to mitch landrieu in charge of this infrastructure bill. got the checkbook. the first thing we have got worry about is inclusion when it comes to building infrastructure inclusion and equity. just build a bridge. build a bridge and a tunnel. come on. and just fix a road. get the trains to go faster. inclusion, that's your focus? steve: keep in mind, these jobs are not particularly cheap jobs because it's all involving union labor. and so, joe biden is propping up his union plank. they love that but then again things wind up costing a lot more. somebody else who, you know, if you were watching, on twitter and social media yesterday, you are thinking hey, there is bill nye the science guy. he's at the white house. what's he doing? well, he is helping the administration show how cool infrastructure is. ainsley: tiktok video? steve: yeah, watch. this i'm old enough to remember when the u.s. was the leader in innovation. >> that's what we're driving at, bill. >> driving, yes. we love driving. >> yes, we do. >> and electric cars are the future. they are clean, they are efficient. they are quiet. >> we are going to build 500,000 charging stations. electrify our ground transportation so we don't have this carbon in the atmosphere. >> i say all the time article 1 section 8 clause 8 the progress of science and useful arts in the constitution. come on, everybody, what's not to love. just trying to change the world here people. >> we're going to change the world. >> infrastructure can cool. isn't that what we do nowadays? steve: look at that infrastructure is cool. critics on twitter not kind. somebody reserved to as this commented, cringe inducing. harmeet dhillon had a twitter no mask? what about omicron as the president mispronounced it the other day and mike han realizing bill nye was propaganda in elementary sky. bill nye political guy online. brian: twitter nasty. ainsley: if they're letting any guy with a mechanical engineering degree weigh in on the infrastructure debate my dad has got some opinions. brian: absolutely. steve: anyway, it's cool. just saying infrastructures is cool according to bill nye. brian: yeah. we will see where that goes. 26 minutes after the hour. new bill aims to block employers from asking workers their vaccination status. florida congressman brian mast idea. is he behind it, joins us live. ainsley: dr. oz entering the political ring. did you see that last night. he shares his cure for america he's hopes to become pennsylvania's next senator ♪ i feel good today ♪ ain't nobody going to bring me down ♪ and i just got paid ♪ and i'm on in to town ♪ i probably should wait until tomorrow ♪ because i feel good today ♪ yeah, ♪ can't nobody bring me down down down the ergo smart base from tempur-pedic responds to snoring- automatically. so no hiding under your pillow, or opting for the couch. your best sleep. all night. every night. save up to $500 on select adjustable mattress sets during the black friday event. you get more with aarp medicare advantage 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[wife whistles] ♪♪ ♪♪ step up to gmc with 0% financing on these gmc models. we...are professional grade. gmc >> man: what's my safelite story? on these gmc models. 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. ♪ florida congressman prohibit employers from asking about vaccination status or current perspective employees. here with more on his new bill congressman brian mast. this is for you want this nationwide, right? >> this needs it happen nationwide. you wouldn't think that in the land of freedom and liberty and independence that we would have to write a law that says you don't have to get a government mandated vaccine but in joe biden's twilight zone of america they are use offing this to wash people out of government and probably the most rampant form and probably growing form of discrimination that we have being pushed by the government ever in our history. >> so what do you say to people who say well my kids have to show vaccination status to go to public school. >> i would say that's crap. our kids shouldn't have to show a vaccination status doesn't matter what government agency approves it for kids, teenagers, 5-year-olds, adults. it doesn't matter where you go to work or where you go to school or anywhere else. the government can't tell you hey we get to put a sir village in your arm and depress it and you have to do it no matter what or you are going to get fired or be educated it goes beyond what america is all about. brian: let's go to afghanistan where 100 security guard at least 100 forcibly disappeared means murdered four african provinces since october 15th. we knew it was going to be ugly. is it just as bad as we thought? >> it's obvious in this way the more that the world takes their stage of afghanistan the more the administration doesn't talk about it anymore, the more the taliban and isis and al-qaeda can get away with doing whatever it is that they want to do, which is go back to their roots of being terrorists, killing people that they don't agree with. telling young girls that they can't be educated. they are going back to their roots. this isn't surprising for anybody. brian: make sure we are not writing banks there better not be bailing them out with humanitarian aid. this is a quote puts a face behind it and sense what the terror is there. human rights watch interview with the victim's family here is how it went there was a knock at the door. the taliban asks your brother home tell them do not be scared we just want to talk to him. no, he is not home. a couple days later they took my brother from the street. they looked to the taliban they denied involvement. two days later we found his body. i sense similar stories with the other 99. >> that's exactly right when they want to talk to them. they want to talk to them as they are pulling their fingernails out. they are killing them in ways where these people do not die well. that's their form of communication with those they don't agree with. brian: unbelievable. congressman, we have got to keep fighting. i know you are still trying to get people out of there. thanks for joining us today. >> all the best. brian: 27 minutes after the hour. coming up friday at 7:30. i will be live on stage talking about really america's fight back against the war against our history. it's going to be the president freedom fighter tour live on fox nation 7:30 until we are done about 9:30. jacksonville area. next day over to clear water and sunday mclean, virginia from other dates from texas to oklahoma, just dayton to cincinnati go to brian kilmeade.com. a texas landowner wants president biden to foot the bill for damage to her priority propy caused by illegal immigrants. calls on biden. no one seems to care. kyle rittenhouse responding after woke student groups demand he be kicked out of college ♪ ♪ count of how many asthma attacks i've had. but my nunormal with nucala? 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can congress do anything to help? >> well, i spoke with him after the meeting and he said yes, is he quite willing to. in addition congressman henry cuellar has always been very supportive, too. so i am hopeful with those two that something will happen. but, right now, the minority does not have that control. and we need hearings in the house and the senate to deal with border security. border security funding. and there has been crickets from the majority party. so we would really like to see this issue being brought to light. ainsley: how do you feel about that? what are the ranchers -- i know your group represents 5 million acres of property. what are these folks who live on that property, what are they saying? we heard so many saying they feel so aban conned by this administration. >> just staying in touch with them on daily basis or getting calls from them. just, for example, vehicles stolen one day on one property the next day it was another vehicle was abandoned. fences were torn down. and another instance close by their hunting camp was broken into with an ax. the person came in, fried chicken and left and they caught him walking down the road with a chicken and other items that were stolen from a hunting vehicle. and this is -- this is ongoing every day. and that one person is a repeat. so the federal government is not officially deporting these folks. they are just pushing them back over and then they are coming back and repeat -- they are repeat offenders. that's why we support the state efforts on landowners pressing charges for trespassers. hopefully, you know, put them away for at least 30 to 60 days. ainsley: the person who had their vehicle stolen, their hunting lodge damaged, how much is that costing them to fix? they have to fix it? they are not getting any money? >> no. they are not getting any moneys. so, yes. it's all coming out of pocket. and just know that this is a security issue as well as property damage. and even in our mission statement where we say that the landowners should be able to enjoy and profit from their lands as guaranteed by the u.s. and texas constitutions, you know, this is property rights abuse and the amounts of money -- say, for instance, a gate is driven through and damaged, it just depends on, you know, the value of that gate. and then fences whether it's a bashed wire fence, a woven wire fence or high wire fence, high wire fence can cost thousands and thousands of dollars. this is ongoing. if they are in a particular geographical location, where it's a high trafficked area, this is a constant. they have fence crews, you know, that's all they do. ainsley: i know you are experiencing worker shortages, too. i'm sure some of these ranchers just want to move because they're losing a lot of money just living there on the border. susan, thank you so much. thanks for fighting for those ranchers down there. >> you are quite welcome. thank you for having me. ainsley: you are welcome. hand it over to carley for more headlines for us. >> that's right. start with a fox news alert. two indianapolis police officers are stabbed overnight in an apparent ambush by a man who called 911. the suspect stabbing the officers after they responded to his call. he was shot when officers fired in respond. several other officers reportedly touch catching the attack on body cam. that footage has not yet been released. both officers and the suspect are recovering from their wounds. day 2 in the which i lane maxwell trial beginning with heart wrenching testimony from a woman claiming she was sexually abused by jeffrey epstein and satellite. socialite. sex trafficking minor go by the pseudonym jane. maxwell participated in the abuse more than twils. jane one of four alleged victims mentioned in the indictment against maxwell was a first accuser to take the stand. kyle rittenhouse is brushing off the cancel culture's earth to keep him from getting an education at arizona state university. >> i think it's actually very silly and funny. >> hilarious. >> i agree with everybody's right to demonstrate no matter how silly it is. carley: a socialist student group demanding rittenhouse not be allowed to enroll at asu calling him a bloodthirsty murderer despite him being acquitted. kenosha political science released body camera of an officer questioning an nbc news freelancer who was caught following the jury bus. watch this. >> i just did what they told me to do. >> new york told to you follow a vehicle. >> yes. >> yeah, well that incident led the judge to ban nbc from the rittenhouse trial. celebrity heart surgeon dr. oz is running for senate in pennsylvania. he wants to heal from government overreach from the pandemic. listen to this. >> americans deserve better solutions. doctors are about solutions. but instead people with good ideas are shamed. they ever silenced. they're bullied. now they are threatening the same overreach with the omicron. america is in crisis that's not news. our values are under attack. i want to serve america in its time of need. carley: dr. oz is going to join us this morning to discuss his big announcement. looking forward to that. ing. ainsley: he has that ready with his name on it janice dean weather forecast. how is it feeling out there. janice: not so bad for the first of december. we're going to get warmer temperatures across the northeast. take a look at it we are going to set records for the northern plains, parts of the west. so 39 in chicago. 44 in new york. 32 in raleigh. i can't believe that it is warmer in new york than raleigh right now. but look at those temperatures. we are going to break records in montana and washington state and ida low and we will track that warmth over the next couple of days. parts of the mid-atlantic and northeast are going to start to feel it as we get into thursday and friday and kind of hang onto the west and the central plains. there is the future track. so we have another clipper system going to move into the northeast. mainly rain along the coast. if you snowflakes interior sections and great lakes great lakes. northwest still dealing with flooding in this area. some of these rivers are at or past flood stage. auto aim little concerned. good news is there is going to be a break finally for some of these water logged areas. we will keep you up to date. by the way, it is beautiful out here. we have the christmas decorations big all-american christmas tree ainsley where people are coming to take their pictures. really quite fun. ainsley: did you hear the music when you walked into work this morning? janice: it's amazing i love it. ainsley: thank you, janice. tapped out, breweries the next victim of inflation as the cost. brian: no way. ainsley: yes, brian, it's going to cost you more for your corona light. how one beer maker is desperately trying to avoid passing the buck. here is a look at the all-american christmas tree it is so pretty out there the fox square as we are kicking off the holiday season with you, our friend. superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance. ow! i'm ok! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ only in theaters december 17th. this holiday season, give your family the gift that keeps on... going? our very own energizer bunny! energizer ultimate lithium. [snowball splat and windshield wiper] the #1 longest-lasting aa battery. cash car headlines, laker stars lebron james placed in the health and safety james returning either positive or inconclusive covid test. he could miss the lakers next three games after sitting out last night's matchup with the sacramento kings. and tiger woods saying he is lucky to be alive after his february car accident. , i'm lucky to be alive but lucky to still have the limb. carley: there was a damn near chance he would lose his leg. the golf legend says he will never be back on tour full time but he plans to pick and choose pga tournaments in the future. steve, over to you. steve: price of aluminum through the roof. require businesses to buy a minimum of five truck loads of cans per order. that's about a million beer cans. it used to be 200,000. look at that. that's a big difference. so how will this impact craft breweries and their customers? let's ask the owner of two ton brewing, just across the river in kenilworth, new jersey, matt. good morning to you. >> good morning, how are you? steve: everybody is talking about infrasmghts now the bad news, inflation is hitting our beer explain how it's impacting otwo tons? >> it's tough. the cost has definitely gone up it's been a challenge to sort out challenges and source these cans as costs are going up. we don't want to pass that cost to our customers too much so we are definitely feeling it. steve: where do you get your cans, you are a small brewer. you can't afford to buy a million cans, i don't think. so how are you going to do it? >> yeah, we, unfortunately have to get they could second hand so we buy them off a surrender who sells them to us. we are getting them in a pretty small quantity a pallet or two at a time. we can't afford or have the space for big truck loads worth of cans. steve: when you say second hand. you are not talking about recycled beer cans, you are talking about a bunch of smaller guys get together and then split a big order, right? >> yeah, correct. steve: okay. as we look at your place. and it looks like a great place. i put you have a lot of christmas parties at that event space you have got, right? >> we do, yeah. steve: all right. check it out look for them online as we look at beer. i know it's a little early in the morning. has it been hard in addition to the cost of aluminum, has it been hard for you to find people to actually work at your plant? >> it was a lot last year. we definitely struggled with some staffing issues. this year now have had more success getting people to come back to, wouldenned a joint workforce and stick around. we're pretty form. i'm happy to be here and have the lights on and doors open. steve: absolutely. we're looking at some of the cans right there before you fill them up. the president is going to be talking about the supply chain issues later on today what does he need to know about how it is impacting a small craft brewer like yourself? >> well, we are dervetly feeling it. i think small businesses are the backbone of america. and it's definitely hurting us. we definitely want to get back to where we were and make the best we can with what we have. we're definitely feeling it. steve: yeah. and so will the consumer. the person who buys your beer. given the high cost of aluminum now how much has a single can of beer gone up in the last couple of months. >> that's great question. i would say we used to get them for about 15 cents per can and how now they are 20 cents per can. doesn't t. doesn't seem like much but when you are talking thousands of cans it definitely adds up quick. steve steve that's right. you willable a able to get through the holiday season, right? >> yes, definitely. steve: folks interested in your beer and your place. what's your website? >> two ton brewing.com and our social media is two ton brewing. steve: matt. thank you very much. good luck to you. >> thank you. appreciate it. steve: all right. impacting our beer. what next? big show still ahead on this wednesday. we're joined by congressman chip roy, kathie lee gifford, dr. oz, charles payne, clay travis and many more. you are watching "fox & friends" live from new york city. ♪ let's have a party ♪ let's have a party zinc. getting out there has never tasted so good. try centrum multigummies. 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 ♪ jerome powell price hikes are here to say. >> >> our view over time. >> darrell brooks released on $1,000 two weeks before the parade. >> the prosecutor in milwaukee, wisconsin, these are repeat offenders doing violent things in the communities that are being released. >> a federal judge is blocking a biden administration vaccination rule nationwide. >> this needs to happen nationwide. you wouldn't think that in the land of freedom that we would have to get a government mandated vaccine. >> dr. oz entering the political ring as he hopes to become pennsylvania's next senator. >> america is in crisis that's not news. our values are under attack. i want to serve america in it's time of need ♪ santa claus got a dirty job ♪ santa claus got a dirty job ♪ and he does it all night long ♪ ainsley: that is the all-american christmas tree out there and you are listening to the song that we heard yesterday. it was john rich and mike rowe and it is number one on itunes. it was yesterday and it is this morning. beating adele. steve: fantastic. not only are john rich and mike rowe beating adele, ainsley they are beating elton john brethren a da lee and ed shearn and mariah carey all i want for christmas. ainsley: she will always be on the list. brian: oak ridge boys. steve: they are in the background. we told you it would be number one and it is. and if you want to help them because keep in mind it is a benefit song to benefit folds of honor and mike rowe works foundation. buy a copy of that. it's 1.29 wherever you download your music. intrawm amazon, apple, wherever you get it. the money goes to those two great organizations. number one song in the world santa claus has got a dirty job. brian: two things i take away from that and a little bit of resentment. he wrote the song in 20 minutes coming out of the bathroom. steve: did he. brian: how talented was mike rowe. i thought he was kidding when he use offed to sing opera. no, he used to sing opera and sing street corners in a quartet in h high school. steve: he had a lot of dirty jobs. brian: unbelievable. steve: in other words, the song is about him. brian: how dare he. he has had a lot of dirty jobs. perfect. one of those things that digs into your cerebellum. unbelievable. ainsley: talking about doing an entire album. mike has had quite a year. they talked about it yesterday. brian: they were serious about that? steve: you were there for the interview. ainsley: he went from opera to doing all these dirty jobs on tv. writing books, getting his mom involved. he has been on our set with us before to now this musical career a different general remarks country music. brian: did it all in a jean shirt. he doesn't even dress up. ainsley: very comfortable. brian: unbelievable. steve: download a copy today the money goes to good use. speaking of money, the fed chair jerome powell was up on capitol hill. his comments sent the market into a tail spin. i think it bottomed out 600 points. brian: job security now. steve: pat toomey at one point asked the fed chair hey how long does inflation have to soar before the fed stops saying that it's transitory? because it's not obviously he said yeah, it's time to retire that particular word. he says it means at the fed they use it to mean it won't be permanent and it's probably time to retire the word because it means different things to different people. ainsley: also talking about the future interest rate hikes as well. and then a few hours later. jen psaki is on air force one. she is with the president. they are heading out to minnesota for that talk. and she stands by her man biden. she repeats his message that this is temporary, she says. it is going to be better. and then she blames republicans. listen. >> does the white house have a new thought on the transitory nature of inflation. >> no matter how you want to label it, or view it, our view is that -- and the view of the federal reserve private sector forecasters and the market is that it remains that inflation will ease over time. whatever you want to call it and that our supply chain issues and higher privacies are rooted in the pandemic which will subside as we get it under control. the president is using every weapon in his are a certain to fight inflation. what are republicans putting forward? they have absolutely no plan. brian: what should they put up the plan for? you are the one that decided not to drill. you are the one who decided to ask saudi arabia to drill more. you are the one who doesn't want to use any coal. close the pipelines. but support the nord stream 2 pipeline that pipes the ukraine and allows to russia to profit. so you are the one who reopened talks with iran, allowing them to surge their gas prices. so, what are -- republicans should proposing is? like joe biden is like you, you know what? i haven't talked to a republican in a while. i need some ideas. we have that hotline, it never rings. steve: as we heard whatever you call it, ultimately, they are blaming it on the pandemic. we suggested yesterday they would do that. and sure enough, they did. look for them no longer the administration nor the fed to refer to it as transitory because it's not transitory. mr. powell himself said that higher prices, you are going to feel them. we are all going to feel them at least through the middle of next year. it's temporarily permanent if anything. brian: 1.9 trillion that they put into the bloodstream that even larry summers says made this whole thing worse. afternoon ignited inflation. the former treasury secretary for barack obama. and then he gets the bipartisan bill. sits on it for three months and says it was an emergency and now wants us to digest between 1.7 and 2 trillion in new spending, and she is upset republicans haven't proposed anything? spending your way out of a inflation is kind of an interesting approach. ainsley: when you are already paying taxes and then did you go to the grocery store to buy whatever it is, your can of chicken what do you buy chicken mushroom. steve: cream of mushroom soup was $1 now it's two bucks. ainsley: and beer. brian: mix them both cream of mushroom and beer. steve: i'm sure people have. ainsley: both are delicious. matt, you viewed him he owns a interviewry. now it's affecting our beer? what's next? that's the fear of everyone. steve: what's next is you have to pay more. here is matt. >> it's been tough, i mean, the costs have definitelying it's been a challenge to source these cans as price has gone up. we don't want to pass that cost to our customers too much so we are definitely feeling it. steve: the way they are feeling it the ball corporation the mason jars the ball corporation does those, this year have a requirement that when you order cans, empty cans, you have got to order 200,000. next year, you are going to have to order a million. five truck loads of cans if you want them. ainsley: small business guy can't afford that. steve: do you want to pay more for beer? i was thinking of cream of mushroom soup and beer we have a pot roast rest buy that uses that dublin pot roast because we use a can of guiness beer and cab of cream of mushroom. brian: buy a keg and pour it in. steve: guinness sells a 4 pack. four pot roasts. ainsley: taste good? steve: it's an acquired taste. brian: getting reports guinness is good for you. steve: that is the voice in your head. ainsley: when i was a waitress people would order -- brian: what's botherings me she still doesn't know. ainsley: i wasn't the bartender i would put in the order of what they wanted. steve: i have had those they are delicious. ainsley: very pretty. steve: enough beer talk. 7:08 here in new york city. we have got a fox news alert. serious business. steve: authorities now identified the three teenagers killed in a shooting at a michigan high school yesterday. brian: yeah this was unbelievable. the victims between the ages of 14 and 17. including a standout football player tate meyer who was killed trying to disarm the shooter. over 45,000 people have signed a petition to rename the school stadium in his honor. ainsley: steve harrigan is live in oxford with the latest for him. steve, didn't the shooter say come out, i'm a police officer. >> some amazing video. he actually tried to lure students out in the hallway. they didn't follow for it. they jumped out the window and ran through the snow to safety. the latest now three students killed. 8 wounded. of those wounded. one teacher. and two of the wounded are in critical condition. they have gunshot wounds to the head and the torso. no word yet on the motivation. what was behind this 15-year-old sophomore's shooting that occurred just before 1:00 p.m. he's not talking about why he decided to fire at classmates for up to five full minutes. >> oxford is very proactive with cameras. so our detectives are going to have to really deep dive all of those video cameras and review exactly what and where and when. the only information i have is that he calm out of the bathroom with a weapon and i don't know where he went first. >> when the shots rang out students trained immediately barricade themselves inside classrooms. they threw up chairs and desks to block themselves in. some even used scissors as potential weapons. to defend themselves. like i just didn't think it would actually happen. but then apparently it wasn't a drill. it was really scary. >> police carried out a search warrant at the shooter's house just blocks away from the school of 1800. they carried out at least two long guns as well as a cell phone. the shooter gave himself up in the hallway. he raised his hans. he still had seven rounds in his gun at the time. that was a 9-millimeter pistol. it was purchased by the shooter's father just four days ago. guys, back to you. steve: hold on, so the gun used in the assault on the high school was just just bought by the dad four days ago? >> exactly. a 9-millimeter purchased legally by the father four days ago. the shooter has lawyered up. he's not saying a word. his parents aren't talking yet either. brian: resource officer played in a role in subduing the situation right? armed? >> he was there and more than 300 responders all around from were on the scene within minutes. ainsley: what are the students saying about this suspect's motivation or personality? was he going through -- i mean, clearly something is off. what are they saying about him? >> right now you really have to try to sift through fact and fiction. as far as the official statements from the sheriff's office. they are not going into detail but there is a lot on social media that perhaps this shooter even had a timeline on his instagram account there were rumors of the possible attack before the attack itself happened. steve: terrible story. i'm sure we will hear more today out in michigan in oxford. steve harrigan, thank you very much. that is terrible. and that young man, who they want to now name the stadium after ran toward the guy, tried to disarm the guy. wound up losing his life. ainsley: as a parent send your children to school thinking they are going to be safe. then this happens. those poor families. steve: it's terrible. >> let's talk a little bit about the christmas parade tragedy. you know, the reason that guy, darrell brooks was out on bail was because about two weeks earlier he tried to rub over his ex-girlfriend with his red ford escape. and the state -- you know, essentially they said, you know what? give us $1,000 for bail and even though the d.a. says now that that was inappropriately low, they went through it. it would be great to hear the state present their case on why it would be such a low number, but we can't because apparently the digital recording of that bail hearing has been destroyed and can never be recovered. ainsley: can they find out why? was there a glitch when it was trying to be recorded can they throw away the tape? how did this disappear? steve: they simply say it was damaged. but ultimately that means we can't hear it and we can't hear the transaction that went on between the judge and the defense attorney and the prosecution and d.a. brian: meanwhile, this d.a. bragged about the fact that he is really the founding member of these left wing prosecutors. former congressman and now colleague sean duffy on why this guy needs to go. >> well, prosecutor in milwaukee, wisconsin john chisholm has been assault on soft on crimeprosecutor for dec. people are committing multiple times. these are not first time offenders these are repeat offenders doing violent things in the community being released on low dollar bond getting out and reoffending. again, this is a problem in the prosecutor's office. great police officers, new prosecutor, solves the problem. ainsley: then thereson an assessment they do to figure out how much a suspect will be out on bond. he was a six out of six and still got out for $1,000. brian: got a $5 million bond. what if some lunatic decides to bail him out now? steve: there was a move under foot to do a go fund me page but then go fund me said, do you know what? we are going to allow that so they pulled the plug on that. there is a crime problem across the country. you see these smash and grab stories. you know, that's pretty much across the country. it's terrible. there is a story out in morning that apparently every year jp morgan has got this great big con fab out this san francisco in the month of january. and now so many people who are supposed to go to it are saying hey, we don't want to go. last year it was covid. but this year it's crime. we do not feel comfortable going to it. the big question is whether jp morgan pulls the plug on it. brian: that will be great sign. nothing is going to change unless it has. to say when san francisco starts losing more tourism dollars. i told you what happened to my group of friends, they were in san francisco area to fly out. one guy early flight so they had a few hours to kill. they went into town and for 12 minutes they went to a starbucks. they came out, their windshield was smashed. all their luggage was gone. 12 minutes. they put the money into the meter. and they came out and they said oh, that happens. and all these -- when they got the thing -- got the car towed back to the hertz dealership they saw all these other smashed windows. you cannot even park on the street. steve: remember, a movie star last week who said regarding something like that. oh, that's life in the big city. seth rogan? life in the big city, brian. ainsley: after we picked upth kids up from school yesterday. she had just been at the drugstore. she comes into my apartment and says you are never going to believe what happened to me. i'm at the dwayne reed and this guy walks in with a big red, you know, fresh direct bag what these get. big toted bag and just walks along the aisle in duane reed and just puts everything in the bag and just keeps doing it and walks out. when the bag was full. and everyone was saying, sir, please leave. please leave. and he said i will leave. i'm leaving. i'm leaving as he is walking out. fills the whole bag up. steve: now there is a move that a certain private businesses will start to hire, particularly in california, off duty police officers just as security. that way they will be there at the door with a gun. brian: right, can they use it security guards are limited. ainsley: you can't arrest him. brian: that would be great if they could. ainsley: that's crazy, listen to what you are saying you cannot arrest someone for is taking? brian: these security guards can't stop. their presence is the intimidation. steve: that's with private security. the idea is if you have got a uniformed officer there they will see it and, go ahead, and arrest them and make them go through the process. maybe a judge will say, you know what? no bail for you but nonetheless, a guy with a gun can stop. ainsley: we need more leadership. this is crazy. brian: carley shimkus never been arrested. carley: i haven't. can i confirm that on this san francisco thing really quickly. steve, what you were talking about. it ends up being an extra tax on the business. then they have to pay for security. it's a good idea but it doesn't fix the issue. let's fix the looting so that there doesn't have to be a security guard there in the first place. steve: it's upside down world. carley: it is a good idea. hopefully things can change there god forbid they change. we begin with a fox news alert. so sad here. one officer killed and another injured after a suspect opened fire on police in georgia. watch this. >> these men and women do an honorable jobber day. it's unfortunate that we have to make these reports time and time again. carley: the fallen officer henry laxen is the third georgia officer killed in the line of duty since nobody. clayton county police say the suspect shot and killed two women and shot a 12-year-old in the face before he was killed by police. new york city mayor bill de blasio is launching what he calls safe injection sites for drug addicts to try to curb drug deaths. nicole malliotakis says the sites won't work as discarded needles are found littered across the sidewalks outside the sites. she joined us earlier on "fox & friends first." watch this. >> it's just going to continue to deteriorate our quality of life. the reason we had this open use of heroin because of the mayor's policies to begin with. >> de blasio's initiative is the first in the nation. his term as mayor expires in four weeks. twitter is banning users from posting fots and videos of people without their consent. the strict new measure is the first move made by the social media giant's brand new ceo. twitter saying quote. the misuse of private media can effect everyone but have dispro-pofertion o. portion nated effect ton women activists dissidents and women of minority communities. those are your headlines, guys. steve: twitter takes action. carley: sure does. ainsley: still to come roe v. wade is on the line as the supreme court will hear arguments over mississippi's abortion ban just a few hours from now. carrie severino was once a law clerk to supreme court justice clarence thomas and she is going to join us next ♪ ♪ people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ 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healthcare provider about rybelsus® today. xfinity rewards are our way of thanking you just for being with us. enjoy rewards like movie night specials, xfinity mobile benefits, and the chance to win tickets to see watch what happens live. hey, it's me. plus, get holiday gifts for everyone on your list with great deals on fan favorites from today. join over a million members by signing up for free on the xfinity app. our thanks. your rewards. ♪ ainsley: in just a few hours from now arguments in the fight over mississippi's 15 week abortion ban begins at the supreme court and dobbs vs. jackson's women health organization in jackson mississippi heart at the challenge of roe v. wade. here is the judicial crisis network and former law clerk to justice of the supreme court -- supreme court justice clarence thomas carrie severino. good morning, carrie, how are you? >> good morning. >> what do you expect to happen today? >> well, you know, today we will get to hear from the first time from some of the justices. some of their questions about this case. they have already read thousands of pages of oral argument and we are going to have the advocates presenting their positions on whether mississippi's law that says apart from medical emergencies you can't have an abortion after 15 weeks whether that can stand it runs completely opposed to the current standard of abortion law, which says you can't forbid abortion before viability but i think the court may take this opportunity to reconsider that because we know those underlying cases of roe v. wade and planned parenthood vs. casey just aren't consistent with what the constitution does which is leave that question to the states. ainsley: so are they saying? -- what hangs in the balance here no more abortions or no abortions after 15 weeks? >> well, technically no abortions after 15 weeks. the court overturns roe and casey, that doesn't mean there would be no more abortions nationwide. what it does mean is the federal government is out of this and this u.s. supreme court is acknowledging that the constitution doesn't speak to abortion. that still thieves wide open for states to say hey, we want to limit it this way or we want to permit it all nine months, that would be something then that each state could make its own call on. this divisive issue would go back to the american people where it belongs. ainsley: that's what bill mcgurn is saying. go back to the states. what pro-lifers want from the supreme court it's the job of the american people not the justices to decide abortion. do you agree with that? >> yeah. the justices were never meant to be legislators coming up with their best policy goals. they weren't to be de facto unelected medical board for the country. they should be deciding what the law and the constitution says. the constitution doesn't speak to abortion. as important as it is, that's exactly why the constitution leads these issues to the people so our elected representatives can make the decisions on these issues that are so close americans. ainsley: all right, carrie, thank you so much for coming on with us. >> thanks. ainsley: coming up next, supporting a shutdown, congressman chip roy is calling on colleagues to block funding the government if federal vaccine mandates remain in place. is he going to join us live to explain. ♪ ♪ it's my woke-up-like-this migraine medicine. it's ubrelvy. one dose can quickly stop my migraine in its tracks within 2 hours. don't take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy, the anytime, anywhere migraine medicine. >> man: what's my safelite story? ask about ubrelvy, the anytime, 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. ♪ ♪ ♪ ♪day to night to morning,♪ ♪keep with me in the moment♪ ♪i'd let you had i known it, why don't you say so?♪ ♪didn't even notice, no punches left to roll with♪ ♪you got to keep me focused, you want it, say so♪ ♪day to night to morning,♪ ♪keep with me in the moment♪ new cheetos boneless wings exclusively at applebee's for a limited time. carley: we are back with a look at headlines, authorities are pursuing new leads on possible sources of the live ammunition involved in the fatal rust movie set shooting. a search warrant has been issued for an albuquerque based firearm supplier. affidavit showing that firearms may match projectile discharged during the shooting actor alec baldwin accidently shot and killed cinematographer helena hutchins with a gun he was told was cold. jussie smollett fake crime being accused being caught on camera conducting a dry run of the attack the day before. the prosecution showing that video to jury on tuesday. the state says two brothers who knew smollett were paid $3,500 after the alleged dry run and given $100 in cash for supplies. smollett's lawyer says the brothers attacked the actor because they, quote, didn't like him. overnight a huge explosion rocking a new york city neighborhood. six people suffering minor injuries in 54 others placed -- displaced by the blast in the cypress hill area of brooklyn. a nearby resident says he smelled gas before the explosion and notified his landlord. wow. andre dickens, a pro-criminal justice reform candidate officially wins atlanta's mayoral election. dickens previously voted for a failed measure that would have withheld a third of the police department's budget. the 47-year-old now vowing to make atlanta a leader in public safety affordable housing and eliminating inequality. the city council member defeating the council's president in the mayoral runoff winning with 64% of the vote steve, over to you. steve: all right, carley, thank you. despite the biden administration insisting that inflation is just a transitory thing, don't worry about it. the fed head jerome powell yesterday said that price hikes could linger into the middle of next year and that's not transitory. >> i think it's probably a good time to retire that word and try to explain more clearly what we mean. >> you indicated that inflation pressures will linger well into next year. you do stand by that. >> that's our expectation. but, of course, what's happened is that date has been pushed out of repeatedly as supply side problems have not really improved. steve: all right. joining us right now host of making money on fox business charles payne. charles, you know, the biden administration was given a gift because the fed -- federal reserve said about four or five months ago, we look at inflation as being transitory. >> yeah. steve: yesterday he said you know what? we should probably retire that it's not it's going to go through next year. >> he has been trying to walk it back a few months now. the atlanta fed in their office they have a swear jar. anyone for the last few months even said the word transitory they had to put in like a buck. they night have $1,000 in it now. it's embarrassing for the federal reserve. the folks in charge of our money to be this wrong this long. so, you know, he was brights bristling a little bit at the fact yeah we blew it. steve: he is helping the administration they can go look it's a phase. >> of course. well, you know, listen, how many times did we hear president biden say the same thing. it's -- and there is no real definition for it but i think this admission really speaks to the fact that this inflation issue is not going to go away overnight. it's persistent. and it's insidious. i will give you an example. all around this country, all the different parts of the country broken up into different areas, in the class area, you have highest prices ever paid for raw materials ever. so producers are paying the highest prices ever. wages are going up. and highest the spike they have been. by the same token, they have to pass these costs on. more money goes into the system. prices go up. more money goes into the system. prices go up. and the person out there the average person is getting nowhere. the neck looks a little bigger and it is. the simplest way to understand this. you actually go in the storm rooms more money in your pocket and come out with fewer bags. steve: joe biden and company are getting the blame from the argue american, but the biden administration is blaming covid. meanwhile, during covid, there's a great story i saw yesterday in the "wall street journal," it says workers quit jobs in de la rosa to become their own bosses, there is a picture at a guy at two screen computer with little daughter on his lap because so many people now are taking this time to start their own businesses. why? >> well, it's a phenomenon that began last year. in fact i'm glad we are holding ton last year's trends. mind boggling. people being intraspeckive a lot of money out there of course. there have been a whole lot of programs, particularly going back last year the small business administration. people want to work remotely and people want to be in control there is a phenomenon that began last year of taking control of your own destiny whether it's owning your own house instead of renting, whether it's buying stocks instead of listening to wall street. and starting your own business. here's the beautiful thing, access to cash is a lot of money floating around out there. it's a lot easier to start a business now than it was 10 to 20 years ago. software buy off the shelf. easier to advertise your product. steve: online. >> it's a perfect set up. here's the beautiful thing. i did all the -- i went through all the data. every category in this country has seen a nice jump in starting their own business. you know, we are at 11-year high right now. whether it's -- do you know who has the biggest jump? high school dropouts which i think is amazing. will people are saying. steve: i don't need to go to college? i don't need to go high school. >> i know if i try to go through the corporate ranks i will be the scarlet letter. this guy not only didn't he or she not go to college. they didn't even go to high school. you are not going to get the opportunity. they are saying you know what? i will make my own opportunity. all of these billion dollars businesses that are popping up and there are so many of them. the average age of the starter is 34 years old. this is an amazing young phenomenon. i love it and i hope it continues. steve: absolutely. to your point, the last year when the government was, you know, through september, october, august of this year, when the government was given the plus-up the extra cash essentially that's when a lot of people took the leap because it's like okay, we got a little money in the bank, we don't have to worry about if we fall on our face. >> half was saved and other half was spent. that's one of the reasons we also had the inflation spike, you know, it wasn't just the reserve. $5 trillion in stimmies will put a spark in prices. steve: it's not transitory. just remember that. >> no one know what is it means but don't say it anymore. steve: that's the kind of stuff they explain on charles payne watch making money each and every day weekdays 2:00 in the afternoon on fox business. >> thanks a lot. steve: all right. up next, supporting a shutdown? congressman chip roy who works that building is calling on his colleaguing to block funding the government if federal vaccine mandates remain in place. he joins us live coming up next. you are watching "fox & friends." ♪ ♪ i've lost count of how many asthma attacks i've had. but my nunormal with nucala? fewer asthma attacks. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't 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have more for you. it's the season of smiling. whatever your medicare needs are, and at aspen dental, we make it easy to gift yourself the smile you deserve. new patients, start today with a full exam and x-rays, with no obligation. if you don't have insurance, it's free. plus everyone saves 20% on their treatment plan with flexible payment solutions for every budget. we're here making smiles shine bright so you can start the new year feelin' alright. call 1-800-aspendental or book today at aspendental.com ainsley: it is a critical week in congress as government fund something set to run out on friday and lawmakers are weigh ago short-term solution to avoid a shutdown. steve our next guest is urging republican leaders in the house and the senate to turn up the heat and oppose any government fund going federal vaccine mandates remain in place. brian: what about making them build the wall too. congressman chip roy joins us now. congressman, this is a pivotal moment we don't want to default for the first time on our economy and our bills. but you say we should extract a pound of flesh for. this yeah, good morning, brian, goofed to see you guys. i mean, yeah, first of all the debt ceiling is something that may not become an issue until january or so. what we are talking about is the continuing resolution passed in september that expires on friday night. the question before all members of congress, but particularly republicans, who run every year on limited government and on freedom are they going to stand up and say that not one single dollar should be used to fund government that is telling people that they must get a vaccine, a mandatory vaccine or they are going to lose their job? somebody talk to the veteran in my district. his father called me in tears because after 13 years of service, he might lose his job. is he facing getting fired or the woman who is nine months pregnant who is going to be fired from the hospital. she is a nurse in. talk about the woman that i know, one of my best friends who is a teaching a class at auburn university in alabama, and she is facing getting fired because she doesn't want to take the jab. do you know why? because she is facing multiple sclerosis. the president doesn't have the power to do this. where is congress? congress needs to man up, stand up, and fight for the american people. that means don't fund the government that's tier havranekly forcing people to get a vaccine that they don't want to get. the courts are doing the work for us right now. three times courts have shut down these unconstitutional, unlawful mandates but congress needs to step up now and get in the game. steve: here is the thing, congressman, you don't have enough votes. ultimately you can slow it down but it is gonna pass. so it's just symbolic. >> not true. the united states senate, they are going to have to take 60 to get that through. so you have 41 republicans in the senate who will stand up and fight. we can slow it down. more than that, you know, if you know the rules of the senate, that they are not going to get this bill unless we pass it today. they are going to get it maybe tonight. that gives them 48 hours to pass it. the senate rules won't allow them to pass it by friday night if united states senators, republicans object to consent and say you know what? we are not going to let this go fly through the senate. you will have to pass this and look at the american people and say we are going to fund the government forcing to you get vaccinated. ainsley: we had a woman on who represents landowners in texas. they are so upset because they are not getting federal dollars when their property is being destroyed by illegal immigrants. they have gone to john cornyn. i know henry cuellar is involved. they are trying to get as much support as possible. do you support them and is there any way to get money, federal dollars to these ranchers? >> we absolutely should. not just ranchers, right? we should be supporting all of texas getting the shaft while this president refuses to do his job unconstitutionally by the way. impeachable offense to not faithfully execute the laws of the united states. we should be henning the ranchers, helping the counties burying dead migrants to the tune of $10,000 a body. helping the schools and hospitals. why? because we are not doing our job to secure the border. texas is getting stuck because this president refuses to actually secure the border endangering texan's lives and endangering migrants in the process. they know what they are doing for this reason mayor cost cass should be impeached. he became before the united states senate and didn't know how many got-aways there were. he lied to the american people. of course he knows how many got-aways there are. they don't care. because they don't care they should be impeached for it. brian: on the border we can let 200,000 illegals, in 20% on average are positive for the virus. so no one in washington has any credibility at all with this administration. and i hope people understand there -- you can't have both. you can't have a wide open border and then torture americans. we're getting rid of elective surgery and everything else to control a variant that we know nothing about. thanks, congressman. hope you stay busy and build the wall if you have some time. >> we are working on it god bless you all. ainsley: god bless you too. thank you. brian: check in with the senior meteorologist janice dean for the fox weather forecast. janice? janice: do you see my back drop of the all-american christmas tree. can you zoom in and take a look at that or zoom out is that the lingo? look at that? i think it's 20 feet higher than it was last year. and it's doned with beautiful red, white and blue christmas decorations. people are coming out and taking their pictures in front of our christmas tree. it is fantastic. i want all of you to come down to 48th and sixth, fox square and take a look at the beauty of this all-american christmas tree. all right. should we do the weather? i think we should it's actually quite nice out here for the first of december. 95% of the country going to be enjoying above average temperatures over the next couple of days. so look at that 95% of the country above average. i think most americans are probably excited about that. and we're going to challenge some of these records and break them shatter them in south dakota and north dakota. upper 60's into the 70s. we have a clipper system moving across the northwest. still a little bit wet out west. but otherwise really great looking forecast and a great looking all-american christmas tree behind me. steve, ainsley, brian, back to you. brian: i think the ling be go is toss back. steve: thank you very much. janice: thanks, janice, coming up on this wednesday, is he tv's top doc but now dr. oz is ready to breathe new life into pennsylvania. he joins us live because he is officially now running for senate. ainsley: plus, a growing number of americans never plan on having children. why douglas murray is blaming climate extremists for this next. ♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance. ow! i'm ok! only pay for what you need. ... brian: growing number of americans never plan on having kids. a recent survey revealing 44% of childless adults plan to stay that way that's up 37% in 2018, and a brand new op-ed our next guest argues, "climate change extremists" are to blame for this , for scaring them out of having children. that man, johns us now, douglas murray. how are they related? >> well the two recent polls showed first of all unbelievable levels of climate anxiety among young people, two-thirds roughly think on a daily basis are afraid of the future, and then you have this study that shows what it says will be the most precipitus fall off in production from people saying they don't want to have children and we have very prominent figures in america who have led the way on this , congresswoman aoc said we've got to discuss whether it's ethically right to have children given the climate crisis, pop stars like miley cyrus said i'm not reproducing until the marine situation is exactly right. i don't know what's going to happen when the fishermen come to miley cyrus and say it's okay again out there, but these people are listened to and crucially, the politicians. the politicians across the western world are saying, you know, they used to say you've got 24 months or a few years. you know the other week, boris johnson said you've got one minute to save the planet. this isn't informing people. it's scare mongering and causing young people, as we see , anxiety. brian: starts very early and is pretty pervasive through the western society. it was pointed out too, we've had these alarmists for quite sometime. prince charles, by the way, at the glasgow conference says we have 18 months to save the world >> he's been saying 18 months for about 18 years. i don't know why he doesn't change his clock or his watch. brian: also in 2004 a major uk newspaper said civilization will be destroyed by 2021 so we only have three weeks to live. >> the problem with all of this is we've seen this happen, most of the american public or middle age say we've seen this going on for a long time. if you're young, it's quite possible you believe this , and the stats show that they do. they actually believe they aren't going to grow old. they actually believe that if they brought children into the world those children will burn to death. they have the strange medieval- like patron saint telling them the same thing the sort of doom, and if you're young and you believe this , the adults need to change the narrative and the adults need to say look, you know, there are issues with carbon emissions but we can solve them. there are issues with this , but , you know, if you want to take it, take it to china they are still building hundreds of coal-fired fuel plants every year but we're human beings, we've got ingenuity, we're not fated, you know, and i quoted in that piece in the paragraph very moving sermon that c. s. lewis gave in oxford in the autumn of 1939 and he said if we human beings had waited for the optimal conditions to be in place we would never have done anything. brian: right. >> as c. s. lewis said in 1939 , human life is living on age of a press, but it's time we communicate that to young people , otherwise literally, there will be no future. brian: and 1989 the u.n. environmental program said we have three years to save the planet pointing out some of these alarmists how they fell flat on their face and should be embarrassed would help everybody douglas thank you so much for coming in, now you're in new york we'll bother you a lot is that okay? >> look forward to it. brian: the doctor is in, talking about dr. oz. he officially threw his hat in the ring he wants to be the senator from pennsylvania. can he win, what will he say, how will he run and what will he say to us more importantly?he'l. hi susan! honey? yeah? i respect that. but that cough looks pretty bad... try this robitussin honey. the real honey you love... plus the powerful cough relief you need. mind if i root through your trash? now get powerful relief with robitussin elderberry. ♪ christmas music ♪ ♪♪♪ ♪♪♪ if your dry eye symptoms keep coming back, what?! no! over the counter eye drops typically work by lubricating the eyes and may provide temporary relief. xiidra works differently, targeting inflammation that can cause dry eye disease. it can provide lasting relief. xiidra is the only fda-approved non-steroid eye drop specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you are allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra wait 15 minutes before reinserting contacts. ♪♪♪ this holiday, ask your doctor about xiidra. umph! ♪day to night to morning,♪ ♪keep with me in the moment♪ ♪i'd let you had i known it, why don't you say so?♪ ♪didn't even notice,♪ ♪no punches left to roll with♪ ♪you got to keep me focused♪ >> federal judge is blocking a biden administration vaccination rule nationwide. >> the national democrat party believes is centralized decision-making, whereas we believe in the individual. >> new details about the shooting at a high school in michigan where three students died. >> police have identified the shooter as a 15-year-old sophomore. >> executing a search warrant at the suspect's house he's not cooperating with us. >> the federal reserve chairman finally admitted inflation was not transitory. >> probably a good time to retire that word. >> its really become too big of a problem to ignore looking at inflation at the fastest in 30 years. >> cnn chris cuomo has been suspended indefinitely. >> this is an anchor who served as a political hitman by attempting smear credible accusers of sexual harassment? >> refusing to cave to the woke mob. demanding he be banned. >> i agree with everybody's right to demonstrate. >> ♪ steve: well, it is december 1, and we have lit up the all-american christmas tree at fox square, as you look right there, you know there's another famous christmas tree in the neighborhood they don't light there's up as early as we do because we want to get christmas started, by the way you can watch the tree lighting this sunday at fox news at 10 p.m. eastern time and also fox nation and join us live in studio m, right here on the mezzanine level of the murdock studio. aniston that's right. steve: in the center of new york city. ainsley: it's so nice to walk into here and that christmas music and look up and see that huge massive tree. steve: i was talking to toba earlier, this is music that toba is adding for this song, for this open, but toba can you play the music playing outside right now? when you walk by 48th and 6th avenue, that's the music. ainsley: you feel like you're in a movie. steve: it's very theatrical. brian: it's hard to mug somebody with this music on right? if you're in manhattan and a criminal you'll like i'll just let them keep walking. ainsley: right. hard when there's that music. brian: it hasn't stopped the protest i saw them yesterday fascinating group. steve: so anyway, welcome to hour three of fox & friends we'll talk to dr. oz, he's thrown his hat in the ring to run for senate in pennsylvania. that in a minute but first let's talk a little bit about this. yesterday, a federal judge, by the name of terry dowdy blocked the biden administration from mandating that healthcare workers in 10 states get the shot or lose their job. the judge says, you know what? biden administration, can't do that so temporarily, it a nationwide issue, and people all across the country don't have to get it right now. ainsley: he's saying biden really doesn't have the authority to do that. there are three branches of government and he can't go around congress to do this here is a quote from his ruling. if human nature and history teach anything, it is that civil liberties face grave risks when government proclaim indefinite states of emergency, during a pandemic such as this one, it is even more important to safeguard the separation of powers set forth in our constitution to avoid erosion of our liberties. it is important to preserve the status quo in this case, the liberty interest of the un vaccinated requires nothing less. brian: so here is something to keep in mind. this is three in a row, because they tried to, the president, get osha to be the supervising body that made every company with over 100 employees get vaccinated. everybody there get vaccinated or get a test, perhaps that's an alternative, they blocked that. it's not going to work and now they have a stay on the order on the healthcare workers that's not going to work and when it comes to those people who have contracts with the government, that's a stay, that's not going to work but they say listen ultimately another judge, a higher court will rule on this , but it's pretty clear. you can do mandates if you go through congress. you do it the right way, and now , in looking at overall, the president mobilizing for more restrictions to respond to the omicron variant, which they say we need two weeks to find out exactly what it is. take your time, but they do say early on that the symptoms are mild, it doesn't seem to be anything close to the delta variant, however, it does propose a challenge to the vaccine, and a booster shot, but it hasn't stopped the president from saying get a vaccine and a booster shot. alex baronson wrote this book and could not believe that the omicron variant is now causing us to do the same play from the same play again. >> nobody wants to get boosters three-fold, the vaccine mandates are collapsing, and they've now all three of them have been stayed by federal judges, the c ms, osha and the federal contracting mandates are all on hold so there's no mandates right now in the united states, and people don't want to get their kids vaccinated and the powers that be are very well aware that vaccines are failing and they want to blame this thing, and it's not going to work. people are done being scared. steve: okay. all right, so nats what he said. now so the federal mandates are different than if your company has a lot of mandate. there are companies still enforcing that. let's bring in dr. oz the host of the dr. oz show a cardiologist and he's not a new hot, now a political candidate to be the republican running in pennsylvania for the u.s. senate. dr. oz, good morning to you. ainsley: good morning. >> good morning, steve. let me just explain why i moved from just a few blocks from where you are making my show with great joy into the political ring. i actually feel we're in a great crisis and like you have been watching this and covid broke the country in some ways and i feel our values are under attack so i've asked the voters of pennsylvania to consider me for their senator for the united states and i'm going to serve america, in this time of need the best of my ability. we need better solutions, they're out there. we got to stop shaming and silencing and bullying and canceling people with ideas that are different than ours, especially when they're good ideas we saw that play out plenty in covid and i gotta say medicine when you can't say what you see , people die. so we got to be able to just do at least that, dr. brian who was just articulating with our management of covid let's get clear about what we're actually experiencing so we don't wander down a path of making the same mistakes we made the first time around. ainsley: dr. oz we're all ready to move on with our lives and people in new york are worried these schools will make our kids get vaccinated, some of them don't want their kids to have the shot yet, especially those whose kids have already had covid. you have all these people that are losing their jobs, we see what's happening with inflation. is it safe for us to move on with our lives, are you worried about this variant? what's your advice? >> i'm not worried about the variant. there are lots of mutations on the variant, 32 are on the spike protein so i understand why we need to watch it carefully, but we have no evidence that it's more of a problem than delta variant and we have no evidence that it's resistant to vaccines and we don't have any evidence that it's more dangerous to us, so what other criteria, by which we would, for example, declare a state of emergency in new york and what are the criteria to lift that state of emergency? we went through this remember two weeks to bend the curve? i was with you. that metastasizes this overarching authoritarian ism that started to destroy our culture, our beliefs , our values and then you start to train people to be dos docil ex, just follow the rules and orders even though people making the rules don't know what to do so they just make rules. it doesn't work we've been down this path. steve: to that point yesterday in your rollout video you released something on social media, you said covid has shown us our system is broken. washington got it wrong. they took away our freedom. that ultimately is what you want to try to fix. how do you fix that? >> well one is transparencies but most importantly we've got to empower americans. if you take charge of your own health you reduce the complications of covid-19 that's something you can do. i spent my whole career empowering people. my patients, my viewers on the show i'll do it for the citizens of pennsylvania and the whole country and i've taken on big pharma so the only data you see is not just big pharma data, i've taken on big tech same story they control the narrative so they tell you the stories you're supposed to believe. fights i've had with chemical companies, i've got the scars to prove it, we talked about some of these battles. i'll keep waging them, i can not be bought. you have people talking about this stuff honestly, it's uncomfortable but it's what has to happen in america. brian: dr. oz, a couple things. number one, you realize if you question dr. fauci you question science so how dare you, question anything. i want you to apologize to science. number two is i believe, and i could be wrong on this , that you were totally befuddled by the reaction to hydroxychloroquine. you were just asking questions and the blowback, the magnitude of it, was shocking to you as somebody who came up in the medical profession and does that still everyday. you're asking the same questions but now, you're askings medical questions in a political environment and you were just almost taken aback to the point where you knocked back a little. you had to recalibrate your remarks. is that correct? >> when you mix politics and medicine, you get politics. what we witnessed not just with hydroxychloroquine but many other solutions that have been offered subsequently is that there's a single perspective that's allowed to get vaccinated listen i think one of the greatest accomplishments of america that we gave the world the mrna vaccines through president trump's operation warp speed. i'm so happy that we were able to do that, and i got vaccinated and i believe in vaccine. i don't believe in mandates and i also don't believe it's the only path to success. from day one we've argued doctors don't send patients home with just a prescription or a piece of paper with a diagnosis, we send you home with a game plan about how to cure yourself and make yourself better to empower you, and covid we said, you know, go home. if your lips turn blue call us, but you need to get hospitalized that's not good enough and when you have doctors around the world offering the best solutions possible during war, we should at least listen to them. to this day we have not done adequate quality clinical trials to test these products. we had a pill approved yesterday by the fda and this pill from merck was available before the pandemic started. it was here for more than two years, we just yesterday had the fda panel say you know, it saves lives. we should approve it. finally doctors for the first time have a pill to give patients who have a diagnosis of covid, we should have done much much better than this but we couldn't ask the questions. brian: because it's too political. steve: so you know, when it comes to the senate race in pennsylvania, you, obviously, have enormous name recognition because you've been on television for a very long time. oprah winfrey introduced us to you back in the day. have you talked to oprah? have you heard from oprah about running for senate? >> of course i spoke with oprah she's my partner on the show, she's been a huge mentor, favorite woman i know. i told her that my interests were in politics, she listened and thought about it. she said do what your heart says to do. i wanted to run this race to address the major issues we face in america, and the prognosis is good. i feel more upbeat about america today than i have in a long time because i've seen the solutions out there. they're fantastic but they're being suffocated so i'm running to make sure those great ideas see the light of day. that's what the we've always done as a country and here's the pledge. i'll be your public servant. we can reinvigorate america with these good ideas if we listen to each other and it's important, we gotta start seeing divine spark in each other again. we're not the enemy of each other. ainsley: are you ready for this race? you are loved by everyone in america and you've decided to run as a republican. tell us about the thought process, what your conversations were like with your family and to leave such a big job making a lot of money to go into politics >> well, ainsley, thanks for bringing the family issue up it was the most important part of the decision because you do take your whole family down the path so my youngest son, oliver, whose been on the show just started medical school at columbia, so i figured when the youngest one was sort of out of the process, i could go out and do what i wanted to do for a while which is to serve our nation. lisa is a strong woman and best thing i ever did was meet her here in philadelphia and marry her 36 years ago so i feel blessed to have her by my side and one thing, she does set me straight. in my house the prosecution never rests. >> [laughter] brian: interesting. dr. oz we look forward to talking to you. it's going to be a whirl wind, look forward to get ready for the knives. >> [laughter] i'm looking forward to it. god bless you all. steve: in his business, they are scalpals. thank you very much. ainsley: god bless you, good luck. i don't like to say good luck. i said that yesterday and today. i don't believe in luck, i believe blessings. god bless. brian: blessing. ainsley: god bless you. steve: it is 8:13 now, here in new york city. ainsley: we have a live look at the supreme court where protesters gathered to hear the biggest abortion case in decades. brian: oral arguments will start in a few hours over mississippi's abortion law that effectively bans abortions after 15 week of pregnancy. steve: just a little ways away from that crowd is griff jenkins outside the court and they're up early and so are you. griff: that's right, steve, ainsley and brian, good morning. there are hundreds of protesters out here with a lot more coming, because for nearly five decades, pro-life groups fought to overturn roe vs. wade, let me show you both sides are here, you can see a fence being erected and capital police are manning the fencing trying to get the pro-choice folks on the far side there holding balloons that say bands off our bodies but on this side more of the pro-life crowd and we have seen a large turnout on that. now, this group believes their best chance of overturning roe vs. wade because of that 6-3 majority on the bench that'll start at 10 a.m. each side gets about 70 minutes, it'll be live and we'll hear the audio and of course a decision won't come for several months, but let me just take you over here for a second guys because one of the groups i've seen that really turned out are the students. this is a students for life group. what's your name? >> grace. griff: grace where did you come from and why did you come here? >> i'm a student spokesperson with student for life of america i came all the way from new jersey and i'm here because i'm pro-life, so i believe that every abortion ends the life of an innocent, unique preborn human being so we want to stop that, so we're here to reverse roe vs. wade. griff: do you fully grasp the history of the nearly 50 years and the possibility of overturning this today? do you believe this is the day? >> i do truly believe that this is the day, and it's just so incredibly exciting. i've been working doing things in the pro-life movement for about four years now but there are people who have been doing it for way longer than i have been. i know so many people who come up to me all the time and they've been advocating for life and for the reversal of roe vs. wade since it was passed in 197a historical moment, it really is. griff: grace thank you very much , that's a little bit of what's happening here and of course there are both sides here all calm right now, just quickly i know you guys spoke in the last hour to carry savarino whose with judicial crisis who was a former clerk for justice thomas and she previewed a little bit of what we're about to hear. >> today we'll get to hear it for the first time from some of the justices, some of their questions about this case, they've already read thousands of pages of oral argument and we'll have the advocates presenting their positions on whether mississippi's law, whether that can stand. griff: so we wait and decide, you know, they're going to play before this a key point though today listen for the questions coming from the bench, we're told that justices will be there and have some pointed questions. steve: griff, before you go, how many people have mega phones like the woman you just talked to, because it sounds loud there griff: it is very loud here, indeed, and i think about one out of every four or five people have a megaphone out here and intend to use it. we're a little bit restricted in our movement with that bright sun out here which is a good thing so it won't be too cold but it's not stopping any of the energy out here and i think it's interesting that even the young people fully understand, steve, as you, ainsley, brian and i do the significance of this day. this isn't the first abortion case that the court has heard this year, of course we heard a texas one, but this one, mississippi, dobbs vs. jackson women's health org is the one that directly addresses the constitutionality of roe vs. wade and it could be a day we remember. brian: the biggest mystery is brett kavanaugh out of all of them, 6-3 more conservatives on the court thanks so much, appreciate it. ainsley: let's hand it over to carlie. reporter: we'll start here with a fox news alert a 12-year-old boy as a police officer is killed and another injured after a suspect opened fire in georgia the fallen officer, henry laxon is the third georgia officer killed in the line of duty since november. clayton county police say the suspect also killed two women before he was killed by police. the child remains in critical condition. >> calls to fire chris cuomo are growing as cnn indefinitely suspends the anchor after learning he played a much larger role in his brother's sexual misconduct defense than he previously admitted. one text exchange with andrew cuomo's top aid revealed chris reached out to his sources to check on potential allegations. another message shows chris suggesting a rebuttal for some of those allegations. this comes less than four months after his brother resided after being accused of sexually harassing 11 women. >> well, mike rowe, john rich, and the oakridge boys officially have the number one song on itunes. this after they performed "santa 's got a dirty job" here on"fox & friends." >> ♪ santa claus, got a dirty job, santa claus, got a dirty job ♪ ♪ santa claus does it all night long ♪ reporter: don't forget to catch mike rowe's new show monday at 8:00 p.m. eastern time and john rich's thank you show the pursuit wednesday at 9:00 p.m. on fox business, they are busy guys. steve: they are indeed, and it is a charity that they have done all the money from the single goes to folds of honor and also goes to mike rowe works foundation so if you haven't downloaded it yet go ahead, wherever you download stuff, apple music, google, spotify, whatever, go ahead. ainsley: doesn't it make your heart so happy to know yesterday steve was saying buy it, it goes to charity, make it number one, and all of you are so amazing, we just love you all. steve: let's make it number one again today. ainsley: yes. it's only $1.24 for the song? steve: $1.29 i downloaded it 12 times yesterday. ainsley: i'm going to do it. because we love these guys. brian: get some pennies together because it's $1.29. steve: all digital. brian: 20 minutes after the hour. still ahead a once-praised nurse she says felt like scum as healthcare workers faced being fired over the vaccine and that nurse react s as the mandate is now blocked. yes! >> ♪ hi, my name is tony cooper, and i'm going to tell you about exciting medicare advantage plans that can provide broad coverage and still may save you money on monthly premiums and prescription drugs. with original medicare you are covered for hospital stays and doctor office visits but you have to meet a deductible for 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[claps] woah! look! [chuckles] mom is on tv! she's amazing! [screams and laughter] yeah! xfinity brought us together after all. get started with xfinity internet and ask about wifi speed fast than a gig. click, call or visit a store today. ainsley: a federal judge in louisiana dealing a major blow to the biden administration and issuing a nationwide preliminary injunction against the president 's vaccine mandate for healthcare workers. in an opinion the judge writes, if human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency. our next guest is a 21-year-old nursing assistant who was originally told that she would lose her job on december 5 if she did not get vaccinated. becca pitz joins us now. good morning. good morning. ainsley: we're doing great i'm sorry you're in this dilemma because you have a few more days where you can make money. are you worried about what happens on december 5? >> yeah, right now, it's still up in the air. i know yesterday they had the ruling eliminating the mandates, but still companies haven't came out and said if they are going to remove the mandates or if they are keeping it in place for decembew several healthcare workers also have already lost their jobs due to companies early on mandating it. ainsley: and what will you do if your hospital or where you work does say sorry, these are our policies. you have to leave. >> right now, there's side jobs out there. i know holiday seasons coming up so there's retail positions. there's always something you can do temporarily. ainsley: but you don't want to do retail do you, you love nursing? >> exactly. i love it. i've been doing this since my senior year of high school. ainsley: wow god bless you, nurses keep us all alive. my mom's nurse kept her alive and we're so grateful for everything y'all do, so what's your plan for the future? >> well i've been going to nursing school and my goal was to graduate and be a nurse. i wanted to work in the er or eventually travel, but right now with the mandates and everything, it's kind of just a waiting game to see if i'm even going to be able to finish nursing school. ainsley: what's the reason with your healthcare experience, what's the reason you don't want to get vaccinated? >> well first of all, i'm so young, i've already had covid so i have natural immunity already and i've recovered just fine, and i've seen firsthand where a lot of residents and facility members are vaccinated and they still catch and spread covid to other people, so i kind of want to take a look back and be like why get a vaccine i can already have immunity to, and there's so many side effects that we don't know about. this has been pushed in less than a year to the public. what happens long term in five to 10 years? ainsley: you've gone through a lot and you wanted to spend time with your family for fall break and you had family members that texted you and said sorry you're not allowed at our house if you haven't gotten vaccinated. we wish you all the best thanks for everything you do, you are all heros, you aren't scum. you originally told our producer s you feel like scum, you were made that way when you were a hero a year ago. through for everything. >> thank you. ainsley: you're welcome. coming up next a smash-and-grab robbery hit san francisco businesses may have to resort to hiring off duty deputies for protection from looters. we talked to a small business owner who says this is not enough. >> ♪ for rob, it took years to find out why his constipation with belly pain just wouldn't go away. despite all he did to manage his symptoms... day after day. still came the belly pain, discomfort, and bloating, awful feelings he tried not showing. finally with the help of his doctor it came to be, that his symptoms were all signs of ibs-c. and that's why he said yess to adding linzess. linzess is not a laxative. it helps you have more frequent and complete bowel movements, and is proven to help relieve overall abdominal symptoms belly pain, discomfort, and bloating. do not give linzess to children less than two. it may harm them. do not take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain. especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe, stop taking linzess and call your doctor right away. other side effects include gas, stomach area pain, and swelling. could your story also be about ibs-c? talk to your doctor and say yess to linzess. learn how abbvie and ironwood could help you save on linzess. ainsley: we're back with a fox news alert. authorities identify the three teenagers killed in that tragic high school shooting in michigan among them, stand out football player tate meyer killed trying to disarm the shooter. a petition has been started to rename the school stadium now in his honor. steve harrigan is live in oxford with more. steve? reporter: ainsley, already more than 30,000 signatures on that petition to name the school after tate meyer we're getting more details about the three students killed. meyer, of course one of the captains of the football team, a tightened as well as a linebacker. he actually died trying to dis arm the shooter, and he bled to death in a squad car on the way to the hospital. among the eight wounded, two in critical condition. they are in surgery now. two of them have wounds to the head and torso. the motivation of the shooter, the 16-year-old sophomore, still not clear. he shot for five minutes, firing more than 20 rounds before giving himself up to police. >> the deputies removed from the suspect a 9 milley millimeter sig saur sp 2022 pist ol. it was loaded at the time, and still contains seven rounds of ammunition. reporter: we're also getting more videos taken by students who have been trained to barricade themselves in classroom and they threw up chairs and tables, some of them taking scissors as possible weapons. at one point it appears that the shooter tried to lure the students back out into the hallway, posing as someone from the sheriff's department. here's that exchange. >> it's safe to come out. >> we're not taking that risk right now. >> open the door. >> no. >> yeah, bro. he said bro, red flag. reporter: that's really just amazing video what those student s went through jumping out the window, running through the snow to safetied. the pistol used in the shooting a .9-millimeter purchased by the shooter's father just four days before the shooting. ainsley back to you. ainsley: thankfully there was a lock on that door. my goodness this is awful thank you so much. steve over to you. steve: thank you, ainsley. as smash-and-grab robberies plague san francisco, city leaders are considering a proposal that would make it easier for businesses to hire off duty deputies as security guards. they are taking a vote next week but small businesses say more needs to be done because only big stores can afford the extra help. joining us right now is the owner of golden gate gym in san francisco, danielle rab cans denuclearization. danielle, good morning to you. >> good morning. steve: it's one thing big stores are able to hire these off-duty cops and the good thing about it is they are in their uniform and have a gun, which is going to probably be a deterrent but you can't afford that. you're behind on your rent. you can't afford the rent let alone a guy in a uniform. >> san francisco is such a difficult city to do business in already. i don't see how mom and pops, small business, or small retailers are going to survive these extra costs, our rents here are just in sane. there's so many obstacles to doing business that to spend $100 an hour on private law enforcement that's what it costs , so we're talking several thousand each week extra in costs, it's just not feasible. steve: sure, and you know, danielle, we've all seen the smash-and-grabs where people got sledgehammers and stuff like that and they're breaking the cases and then they're hauling off the stuff. you, like the stuff right here. you told one of our producers that you're lucky you don't have merchandise that people want to steal. >> i feel very fortunate not to be a retailer in the city right now. i wouldn't want to own a retail shop. i wouldn't want to work in one. i still do worry about safety and security in the city. it just doesn't feel safe on the streets, not only is theft an issue but there's a lot of mentally ill and drug addicts out there, just yesterday, there was someone out front of my shop really aggressively screaming, holding his tin foil and his lighter, drug paraffin paraphernalia, it's just a little bit scary so even though i don't have merchandise that be attractive to thieves, it's concerning for my own personal safety. i worry about my customers and staff. i have two female employees that won't come to work at 6:00 in the morning when it's dark because they don't feel safe, so it's just becoming very difficult to do business here on top of how hard it already was. steve: absolutely, and danielle, you're talking about your employees are afraid to come in first thing in the morning. what about apparently you've got one client who comes in, wants to take the 6:00 class at night but really has to take the 5 a clock class because it's 6:00 it's dark and she's terrified. >> i have one gal who lives about a mile and a half from the gym and she walks there. most people in san francisco don't have cars. she doesn't want to come to the later in the evening class because it's dark when she leaves. she literally runs home after class at 5 p.m., runs. doesn't walk, because she doesn't feel safe on the sidewalks, so it's really unfortunate. her business owners, it's obviously not good for people. i worry about my own safety, i worry about their safety. i think it is driving people out of the city, so it's unfortunate steve: yeah. will it drive you out? >> i've thought a lot about it. it's very difficult, i have family here, i do have a business, i do have income, i hope that it turns aroundment i think people are waking up that change is needed. i think the residents of san francisco are pissed off. i think tourism is probably hurting, conferences are hurting , people don't want to come to the city because it feels lawless. it's not a media ploy. it's real. i have gated bars over the front entrance of my business. i used to open them first thing in the morning and close them at night. i keep them closed all day long because i don't want to risk the windows getting smashed even though i don't have anything to steal. it's a real problem here. steve: you've got so many challenges, and we know it's tough out there. you're going to be opening up in 20 minutes. danielle rabkin, crossfit golden gate gym owner, good luck to you >> thank you so much. steve: all right that's tough. 21 minutes now before the top of the hour up next green bay packers quarterback aaron rogers claims coaches are leaking his private medical records outkick founder clay travis reacts to that coming up and kathy lee gifford joins us with a special new story about finding faith where you least expect it. my nunormal? fewer asthma attacks with nucala. a once-monthly add-on injection for severe eosinophilic asthma. nucala reduces eosinophils, a key cause of severe asthma. nucala is not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your doctor about nucala. find your nunormal with nucala. >> i don't know where they're coming from, i don't know whose talking, seems like there's certain coaches that may have friends in the media that they don't realize are actually just trying to report things. brian: he looks different every time i see him, nfl star aaron rogers addressing rumors surrounding his injury suggest ing his own coaches are the ones spreading those rumors, rogers medical information is supposed to be private making a lot of headlines after it was reveal he's not vaccinated, despite saying he was immunized, let's bring in outkick founder clay travis. every week we're talking about his health, now he's blaming the coaches. >> yeah, there's no doubt, but i do think there's probably some truth first of all thanks for having me, good morning, brian and crew. i think there's probably some truth to what he's saying. the stories are getting out there somehow, and i doubt that he is the source for the media reports on all of his related injuries and illnesses and what not. it's probably coming from packer s coaches, and this is not uncommon in the nfl where virtually, every nfl insider has a relationship with coaches, with general managers, with people who are affiliated with the organization, and oftentimes star player's health issues are leaked. we just saw, brian, last night, lebron james despite being double vaccinated tested positive for covid. i believe there are 29 different nfl players right now who are out with covid despite almost all of them being vaccinated. these are big stories because the impact whether or not a team is going to be able to win from a gambling perspective, brian, the impact whether or not a team is going to be able to cover or not, and so there's a massive amount of fan interest as well as gambling interest in the day-to-day health of all of these. brian: remember the day when they said vaccinations make it next to impossible to get the actual virus and now we just accept the breakthroughs. let's talk about college football because the big 10 has a big championship coming up, michigan number two team in the country against iowa. am i wrong to think that michigan has got this? >> yes, wrong in the sense that every michigan wolverine fan right now, brian, is cursing you to the high heavens for jinxing them because the one thing michigan fans fear is not only ohio state who they finally got passed but failing in a big game like this , making the playoffs and losing be tough , but if you win the big 10 against iowa, advance to the playoff, you take a significant step. if you follow-up a monster win over ohio state by losing to iowa, it be a debilitating defeat for this program. my wife is a grad and brian, she's watching right now and she is shaking her head at you going ahead and putting michigan into the playoffs it should be a great game. brian: i'll make it up to her i promise. that'll be the 1:00 game, this is the 3:00 game, we expect a lot of scoring, real quick. >> yeah, no doubt. there are so many amazing conference championship games i'll be down in atlanta for georgia/alabama, utah state, san diego state should be a great one as well this is a spectacular weekend for college football fans. brian: you'll be a part of it and you brought us through the entire season. clay travis thanks so much. i appreciate it. let me just tell everybody, download the fox bet super 6 app and enter for a free chance to win $25,000 this weekend, all you need to do is pick six outcomes from saturday's games and watch to see how it all plays out and don't forget, to check out what's clicking on outkick. he is clay travis thanks so much meanwhile let's check in senior meteorologist janice dean, she's promised to give us the weather. yes and a beautiful day in new york city, december 1, but 95% of the country is going to be warmer than average and look at this beautiful christmas tree behind me, it's beginning to look a lot like christmas! all right, i'll stop talking and let's get to the weather. here we go, we had this high pressure across the west, and that is what's ushering in some of these very warm temperatures, especially for areas like the northern plains, the central plains, we are going to break some records, shatter them in great fall, montana, also parts of washington and idaho and going to be a big deal, right? records for december 1 temperatures in the 60's and 70 's even here in the northeast over the next couple of days we'll get in on some of that good stuff. we do have a clipper system though bringing some rain and some snow for parts of the great lakes and interior northeast these are quick moving systems, not a huge amount of trouble here, just sort of nuisance rain and snow especially across the higher elevations over the next couple of days. also watching the northwest where we have flood alerts and they have been bombarded with storm after storm but the other piece of great news is they are going to get a bit of a break. all right so that's it for me. we are going to go back inside i know my friend kathy lee gifford is coming up and we love her and she said she has a big crush on you, brian kilmeade. brian: right that's inside information you were not supposed to leave the green room with but again that journalistic instinct in you. >> america had to know. brian: i love for you pretend ing she's your friend when you know she's your rival. kathy lee gifford is here live, the new book, the jesus i know focuses on conversations she had with her celebrities and janice dean about faith and prayer will join us with those stories live, next but first check in with dana perino to find out what bill hemmer told her to say. dana: oh, you think that's how it works? brian: that's how it works. dana: well then my crush for you, next, kidding brian coming up at 10 a.m. the supreme court will hear arguments in what could be a case with the controversial roe vs. wade decisions from decades ago the stakes are very high and the nation is paying attention and we'll have that live. we'll get you up to speed with shannon bream, and we'll talk with brett girard and and the omicron variant the day before president biden is set to reveal his plan on how government plans to deal with it we'll see you at 9:00. xfinity rewards are our way of thanking you just for being with us. enjoy rewards like movie night specials, xfinity mobile benefits, and the chance to win tickets to see watch what happens live. hey, it's me. plus, get holiday gifts for everyone on your list with great deals on fan favorites from today. join over a million members by signing up for free on the xfinity app. our thanks. your rewards. where's mom? she said she would be home in time for the show. don't worry sweetie, she promised she'd be here for it. oh! nice shot! thanks! glad we have xfinity. with wifi speeds faster than a gig. me too. [claps] woah! look! [chuckles] mom is on tv! she's amazing! [screams and laughter] yeah! xfinity brought us together after all. get started with xfinity internet and ask about wifi speed fast than a gig. click, call or visit a store today. steve: she is one of the most recognizable faces on television >> people don't know who we are >> this is regis and i'm kathy lee. i slept like a baby myself last night. >> did you? >> up all night, waking up every two hours. >> in construction time it's six and a half. >> here comes one hour of seinfeld, all right? and they decide it should be about nothing. but that's the beauty. >> we've been doing that for years. >> [laughter] >> didn't i think about us? brian: kathie lee gifford has spent years getting celebrities to open up about their believes. ainsley: now she's revealing some of these amazing discussion s in her new book called "the jesus i know, honest conversations and diverse opinions about who he is." that was your read, steve, and now clearly -- >> kathih lee is about to join us. who did you think was here? kill it rippa? it's me. ainsley: congratulations. how did you come up with this idea? >> i didn't. always give credit where it's due. my literary agent said he loved my last book, but he said the party like this is when i talked about the conversations i would have with well-known people that don't particularly have my same faith at all, but like craig ferguson while we're on the set of my movie "then came you" or kevin costner and then different people he said i was fascinated by that would you ever do a whole book of those kinds of conversations, and i said you know what? let me pray about it, i pray about everything so i felt like i was supposed to do it and pray ed about who should be in it so there's about 25 people, janice, my friend janice dean is one of them, because i think she's an extraordinary woman. brian: you saw what happened with this whole cuomo thing. >> you know, i've known janice a long long time and she's the sunny, you know, she's a bub bly, a lot like hoda, sunshine in a bottle and what you see is what you get and i loved her for that. she's the least political person , i don't talk about politics either, but what i loved about her is that she took on an injustice that affected her deeply and personally and it made her fearless. she went from bambi to godzilla and i respected it so much. she didn't run from it, she wasn't out for ambition. it made her very famous. she's sort of like david and gol iath a little bit, a modern day story and we didn't go into the political aspect of it at all in the book but we do talk about the injustice of how, you know, powerful things, people use their powers sometimes for good sometimes forever ill and people get hurt and people get hurt in the meantime that's one of the stories of people like megan kelly. people don't realize megan kelly has a very very serious and deep walk, but it's different from mine. that's why there's so much polarization in our world. steve: it could be because spirituality is different to different people. you know over the last two years the last 20 months a lot of people stopped going to church at the height of covid. brian: were told not to. >> they had no choice they were closed down. steve: exactly so now the churches are back open but a lot of people are staying home and a lot of people started watching online and they are still spiritual but it's different. >> do you know what i think happens, steve, a lot of people i've spoken to? they were used to going to a building once a week, and sort of saying the same prayers, singing the same songs, worshiping with the same like- minded people, and that's not a great way to grow. it's important to have a community of faith believers that support you, but to grow in your faith, you gotta go to the other side like jesus said. go out of your comfort zone, and i think people during covid because they were so frightened and didn't have a lot of choice about where they could go and how they could spend their time, people finally came to start understanding the difference between having a religion and a relationship. brian: you hesitate on doing this? >> not at all. i don't talk about my faith with a lot of people. i feel comfortable talking about it with you, because you and i have discussed it before, but i found i needed to lean on god during this time of great tragedy and i felt the love and the prayers from my family here and the viewers at home. when i got back to the office, there were stacks of mail and prayer cards and churches across the country that prayed for my in-laws, and so that was an important thing for me to share and i'm grateful for that, because we all have to share our experiences. it's all within us. ainsley: kathi lee, how did you become so close to christ, what's your story? >> i was a 12-year-old girl who wanted to be an actress and a singer and a writer, and i was never up with people. i was cool. i was kicked out of the brownies , kicked out of sunday school, and i was kicked out of the america's junior miss pageant. i had a life of crime. steve: couldn't you name that tune? >> that was much later, the ripe old age of 22 but when i was 12, i went to a movie that billy graham's organization put out called the "restless ones" and it changed my life and i felt like i heard the voice of the lord and my little inner heart at 12 saying kathi, i love you and if you'll trust me i'll make something beautiful out of your life and i just raced down and best decision i ever made and i've made some really really bad mistakes, thank god nobody ever heard about them, but my best decision was to follow of a lifetime.been the journey >> i love she brings that out in people as well and you'll find that in the book that kris jenner. i talk a lot about my trip to israel and taking people that i love, agnostic friends, atheist friends, gosh, you name it, and but i don't love people who just love the lord the way i do. jesus said love one another meaning everybody, your neighbors, everybody, the way i've loved you. i think we've gotta stop judging everybody and say you've got to live the way i love, worship the way i worship, say the right prayers or vote my way or any of that. jesus never canceled anybody. brian: what if i told you that we only had 25 seconds left in the show? >> i would let a pro take it and say you know what? the jesus i know, honest conversations and diverse opinions about who he is, is actually on sale now, and it's going to be like the greatest, greatest christmas present. thank you, kathi lee for being with us today. brian: that's enough said. i knew you had it in you. >> i've still got it. steve: always great to see you. >> wonderful to see you god bless you.

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