impact nearly 100 million americans. fox news chief legal correspondent anchor of fox news at night shannon bream starts us off tonight kind of reading through the tea leaves of the oral arguments and of the justices. >> fast track cases are a test of just how far the executive branch's power can and cannot reach into americans' lives. seven of the eight justices in the courtroom were masked for today's argument. justice gorsuch the long sold out. as justice sotomayor elected to dial in from her office. first up on the docket today, a request to stay the labor department's emergency legislation requiring employers with 100 workers or more, to mandate vaccines or require unvaccinated workers to wear masks and test at least once a week. justices breyer, sotomayor, and kagan made clear they support the mandate. but some of what justice sotomayor had to say in defense of the measure raised eyebrows. >> those numbers show that omicron is as deadly and causes as much serious disease in the unvaccinated as delta did. >> that's not true. omicron is more mild. we have laboratory evidence of that. we have epidemiological evidence of that. >> we have over 100,000 children which we have never had before in serious condition and many on ventilators. >> that's not drew. we have not had 100,000 children in serious condition in u.s. hospitals. according to the cdc -- >> at the center of today's argument was the issue of whether the federal government has the power to do via regulation what numerous members of the biden administration said it would not do including white house press secretary jen psaki who has said both that the federal government would not enact a mandate and that it was not the role of the federal government to do so. justice gorsuch making this observation. >> it appears that the federal government is going agency by agency as a work around to its inability to get congress to act. >> the second case weighed whether the administration can mandate vaccines for workers at healthcare facilities that get federal dollars via medicare or medicaid. justice kagan who cited vaccination is the best way to stop the spread of covid-19 added this. >> you have to get vaccinated so that you are not transmitting the disease that can kill elderly medicare patients that can kill sick medicaid patients. that seems like a pretty basic infection prevention measure. >> shannon: with both mandates the opponents cited 1 to 3% of the workforce will quit if forced to choose between vaccination and their jobs. employers who join the case argue while they are already struggling with labor shortages, a walkout on that scale would create a nationwide economic problem and bret, by the way, i expect a decision within days. i would say a couple weeks at the very most. >> bret: you know, it's always dangerous to read through the tea leaves in the questions because justices can be posing one way and really think some way else. when you look at how that matches up, i mean, does it tilt one way right now? >> shannon: you know, i think the court could split on these two cases. i think there is more of a flavor for striking down the osha mandate, the one for the employers with 100 or more. i think there is going to be reticence and more hesitation among the justices to strike down the mandate that deals with healthcare workers but i don't think we will have to wait long to find out. >> bret: okay. shannon, as always, thanks. we will see you don't. president biden appears to be changing his tune tonight, telling reporters we can contain covid. , this of course, after months of pledging to defeat the virus as a candidate and then president-elect and president. it comes as today's jobs report showed unemployment falling to 3.9%, but the u.s. economy only adding 199,000 jobs, far short of the expected 400,000. here's white house correspondent jacqui heinrich. >> president biden bucking calls from former members of his own health advisory team to embrace a new normal, living with covid. >> we're going to able to control this. the new normal is not going to be what it is now. it's going to be better. >> but amending his pledge to shut down the virus with a new caveat. >> having covid in the environment here in the world is probably here to stay. but covid as we are dealing with it now, is not here to stay. >> the comments come as coronavirus muddles yet another jobs report, december's making for the weakest of the entire year. 199,000 jobs added falling far short of the 400,000 forecasters expected. worse yet, the data was collected ahead of the omicron wave. spooking economists. the president glossed over the bad turning instead to the good. unemployment falling to 3.9%. >> the sharpest one-year drop in unemployment in the united states history. we have added 6.4 million new jobs since january of last year. one year. that's one of the most -- that's the most jobs in any calendar year by any president in history. >> also working on her messaging, cdc director rochelle walensky seeking media training since the fall after a series of missteps prompting criticism that continued this week over confusion on testing guidance. and on what basis it was formed. >> this is hard, and i am committed to continue to improve as we learn more about the science and to communicate that with all of you. >> the white house appears somewhat closer to making good on the 500 million free tests it promised. the first of many contracts signed and a deal in the works to ship them via the postal service. the administration's to avoid getting caught flat footed again. offices of management and budget reportedly calculating how much future funding may be needed for therapeutics and distribution. the white house says it is not seeking any more money from congress root now. the state of the union scheduled for march 1st. speaker nancy pelosi inviting the president for that joint session of congress and the president accepting that invitation. it will also serve to measure the state of the pandemic because questions remain about whether lawmakers and guests will be invited, bret. >> bret: jacqui heinrich live on the north lawn, thank you. the cdc director will be my exclusive guest on "fox news sunday" this weekend, one of three. stocks were off again today, the dow lost 45. the s&p 500 fell 19. the nasdaq dropped 145. for the week, the dow sank three tenths of a percent. the s&p 500 was down one and nine tenths. the nasdaq lost four and a half. let's get some analysis on the u.s. economy from charles payne of fox business. charles, good evening. you heard the president there. what did you make of the jobs report and its impact on where we stand? >> listen, bret, i always -- i say i understand the president is always selling it and trying to point to the most important thing that can sell the public. but we did have to start with the top line number. and that's the estimate. goldman sachs yesterday upped their number they thought we were going to see 500,000. i want to say that because considered the smartest firm on the street and we got 199,000. in fact, over the last six months we have missed the consensus estimate by 300,000 jobs. that's the average miss. where are those people? what's going on? the unemployment rate is fickle because when people leave the labor force and i counted i gave an example. we saw hispanic unemployment drop last month to under 5%. unfortunately, 96,000 hispanic workers left the workforce. en in all honestly, i would rather see people coming into the workforce and getting jobs. >> bret: all right. so you are mentioning the miss and obviously you got 199,000 to 400,000. but you had these folks looking into this pointing out that the unemployment rate is lower today than it was during every month in the 1970s, '80s, and '90s. that is significant in and of itself, isn't it? >> well, again, bret, you know what? if we had 10 people looking for jobs and 9 quit, they would say that was good news. but those are still 9 people not working. so, using the unemployment rate, the so-called u 3 unemployment rate is the worse thing. i don't know how we ever started doing this i think it's an atrocity. the media should stop using it. certainly as a key point because when 96,000 people leave the labor force and your employment rate goes down, that is not good news. now, here is the good news, wages that go up. unfortunately they are not keeping up with inflation. blue collar wages up 5.7%. that's a big number. that's a really hefty number. unfortunately in november, the last point we got inflation up 6.8%. unfavorable jobs numbers. >> bret: quickly, just for people sitting at home. the fed, the spitting is going spigot is going tobe turned offn whether it's a quarter point raise. what does that mean? and is the market already baking all of this in? >> the market is baking it in. they may be overbaking it in. doing more to turn off the spigot. reverse the spigot. they added trillions of dollars into this economy. trillions, and they will try to take some of it back. it's a gel cat game. they tried it before and they failed because, you know, we get used to all of that free money sloshing around. that's why the market was really off this week. not sure what the feds' next move is going to be and afraid they are going to botch this thing. >> bret: charles payne as always. thanks for coming on. have a great weekend. >> thanks, you too. >> bret: receiving new details about a bipartisan agreement one peels of the election law. the resolution mayner get off the ground. democrats want the brotherhood voting rights legislation passed. congressional correspondent chad pergram shows us tonight from capitol hill. >> bipartisan lawmakers are exploring whether fixing problems with the 1st century presidential election law could avert mayhem when congress taboo late the electoral college on january 6th, 2025. >> the electoral count fix would be a good thing for one day every four years. >> the electoral counteract of 1887 dictates that congress settle electoral college disputes. but it's packed with loopholes. >> it's vague and ambiguous and contributed to some of the confusion on january 6th. >> those loyal to former president trump trained their attention on then vice president mike pence. congress met to certify president biden's win last january 6th. mr. trump implored pence to intervene. pence resisted. >> what if he had? what if a future vice president decided to play political games withs electoral counteract. >> constitutional experts say glitches in the statute create potential for mischief every january 6th. >> what does congress do if two different documents from georgia, for example, or arizona say we are the electoral vote from the state? congress has to make a decision on which of those two documents is the correct document. >> senate minority leader mitch mcconnell described the law as having some flaws and worth discussing. but senate majority leader chuck schumer rejected mcconnell's intreaty. focus only on a voting rights bill. schumer accused the g.o.p. of trying to distract from the riotelectoral counteract. >> it's an effort to divert attention from the real issue. they don't want to confront the real issue. >> for schumer it's the voting bill or nothing. that's why he is threatening to nuke the filibuster next week. but he lacks the votes so far. bret? >> bret: chad, some news just popping that wisconsin senator ron johnson has decided to seek re-election and that's a big deal for republicans. >> certainly republicans want him to run for re-election. that's a swing state. it's a competitive race. and also on sunday we will find out the plans of john thune, the republican whip from south dakota. >> bret: okay. we will follow it, chad, thanks as always. agent facing new foe at the southern border. we will explain. here is what some fox affiliates around the country are covering. fox 61 in hartford, connecticut a predobkin winter blast dumped a foot of snow closing schools and state offices. blizzard-like conditions froze roads all across new england and led to widespread flight cancellations. one massachusetts snowplow driver summed it up 2022 is off to a bang. fox 29 in philadelphia where investigators are looking at the possibility that a 5-year-old playing a lighter under the christmas tree could have caused the fire that killed 12 people earlier this week. it was a philadelphia's worst single fire in a century. none of the building's four smoke alarms worked. this is a look at glen falls, new york. the big story there tonight from fox 5, our affiliate, four mobile phone sports betting sites will begin accepting wages from workers saturday morning after meeting state requirements to begin operations. five additional sites are pending. state officials expect to bring, in get this, $500 million a year in tax revenue. that's tonight's live look outside the beltway from "special report." we will be right back. ♪ ♪ would you cry ♪ let it ride ♪ would you let it ride ♪ real cowboys get customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ only pay for what you need. aleve-x. it's fast, powerful long-lasting relief with a revolutionary, rollerball design. because with the right pain reliever... life opens up. aleve it... and see what's possible. lisa here, has had many jobs. and all that experience has led her to a job that feels like home. with home instead, you too can become a caregiver to older adults. apply today. ♪♪ you too can become a caregiver t♪♪older adults. ♪♪ ♪♪ ♪ >> bret: breaking tonight, the judge in the murder case of ahmaud arbery hands down the sentences to the three white men charged with killing the black jogger in georgia. we covered that case. go to steve harrigan in brunswick, georgia. good evening, steve. >> good evening, bret. two out of the three men got the harshest sentence possible for the murder of ahmaud arbery, the judge really laid down the law today. travis mcmichael the man who had the shotgun fired it three times killing arbery, he gets life in prison no chance of parole plus additional 20 years for assault. his father greg mcmichael who rode in the back of the pickup truck with a revolver. same sentence. slightly less sentence for the third man involved. rodney brian he got life with a chance for parole only after 30 years which would put him at age 82. the arbery family said only these life sentences offer a chance at justice. >> it has devastated me and my family. the man that killed him be given the maximum sentence available to the court. >> judge sharply criticized all three men from the bench. he said they tried to take the law into their own hands and they hunted down the 25-year-old jogger like an animal. >> arbery felt the mcmichaels turned their backs. it's, again, a disturbing image and they walked away. this was a killing, it was callus. >> the three men have already said that they will appeal these sentences but they are going to be facing fresh charges soon. a new federal hate crimes trial will begin next month. bret, back to you. >> bret: steve harrigan in georgia. steve, thanks. agents at the southern border are facing a two front battle tonight as they continue to combat the ongoing migrant charge there which is significant. the omicron variant is depleting much of the workforce among the border agents at the busiest parts of that border. correspondent bill melugin is, again, in la joya, texas tonight. >> it's friday morning in the rio grande valley. mask mass border patrol agents side of the road in mission. impacting federal manpower here. per dhs source as of yesterday, border patrol's rio grande valley sector has over 200 employees quarantined with 188 confirmed to be infected with covid. also friday morning, yet another crash involving a human smuggler in the rgv. in farrior texas, a law enforcement force tells fox news a smuggler was fleeing from police with five illegal immigrants in his vehicle when he crashed and rolled over on the highway. the smuggler and his human cargo all arrested. also in the rio grande valley, this salvador ran sex offender arrested by border patrol after crossing illegally in hidalgo on wednesday. agents say he gave a fake name and has a previous record in houston for indecency with a child, stalking and child abuse. border patrol has arrested more than 60 so sex offenders in the rgv just since october 1st. and in texas' remote big ben sector, agents used a could i nine and helicopter to track down this group of 20 illegal immigrants who were wearing camouflage trying to evade in the desolate open dessert. big ben sector agents also foiled this human smuggling attempt, apprehending a large group of illegal immigrants crammed into an suv. bret, within a matter of days, border patrol should be releasing their numbers for the month of december. and we are expected to hit a staggering 2 million border encounters for calendar year 2021. we'll send it back to you. >> bret: amazing numbers. bill melugin along the border. bill, thank you. president biden is nominating lieutenant general michael gorilla as the knicks head of u.s. general command when general mckenzie retires this spring. overseeing u.s. military prargses in the middle east and all the comp politicians around that including the residual effects of the biden administration's withdrawal from afghanistan. up next, as the omicron cases pile up. so do the number of schools reverting to online learning. we will bring that you story. first, beyond our borders tonight, kazakhstan's president authorizes security shoot to kill in those participating unrest opening the door for dramatic escalation on crack down on violent antigovernment protest there u.s. secretary of state anthony oberlin ken has serious questions about the russian troops sent in to put an end to the unrest there. the demonstrations arised over fuel prices and quickly spread across the country wider discontent with authoritarian rule. dozens killed so far in the riots. check tennis player because the second australian open participant to held in detention in a suite vaccination exceptions. being held in the same hotel as novak joke ventricle who was denied entry to the country when he landed. the big story in venice, italy tonight. italian authorities announce they will introduce limitations on the number of people allowed into venice in an attempt to reduce mass tourism in the city of canals. travelers will only be able to visit the city once they have booked tickets online. the tickets will only be valid for one day. 4500 cameras will be monitoring the flow of visitors and searching for stray tourists. just some of the other stories beyond our borders tonight, we'll 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headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. >> bret: chicago digging their heels in as the stalemate between the city and teachers union shows little sign of progress. frustration among parents are growing as classes for more than 300,000 students there are can selgd for the third straight day correspondent garrett tenney has the latest from chicago. >> many chicago parents are growing frustrated their kids aren't in school for a third straight day. >> i'm frankly quite lived we are back in situation in chicago. >> this is extremely difficult for our children. >> i think this is simply the chicago teachers union throwing their weight around so that they can make sure that they achieve what they ultimately want to achieve and that's to run city government outright. >> nationwide, more than 5200 schools, which received billions of dollars in federal funding to reopen have canceled in person classes this week due to the surging number of coronavirus cases. according to data tracking service verbio. a new report from the children's hospital in philadelphia is pushing back on some of those decisions and says based on evidence that infections in most children are mild, we support in person education, even in times of significant community transmission. despite those recommendations, which are echoed by the cdc and the white house, teachers in several cities are now following chicago's lead. today, in oakland, more than 500 teachers called in sick to protest in person learning. forcing around a dozen schools to cancel classes. and teachers in san francisco held their own sick out yesterday to demand more testing and better math. students at one high school said their building was almost empty after nearly 900 teachers called in sick citywide. >> all the classroom doors were closed. there was barely even any -- enough said to take attendance. to show the district that there are certain things that we need in order to keep our schools safe and open. >> here in chicago, negotiations continue between the teachers union and the city. the two sides do appear to be making some progress, and today mayor lori lightfoot says she hope to have a deal in the next day or two to have kids back in the classroom next week. bret? >> bret: all right. garrett tenney, live in chicago. garrett, thanks. let's bring in fox news contributor dr. marc siegel. dr. siegel, how important is it for kids around the country to be in school? >> it's hugely important, bret. good evening, there has been multiple reports last year of harm that was done to children because of school closures and even the surgeon general report reflected that. in terms of mental health, in terms of physical health, in terms of depression, suicidal thinking. socialization issues. screenings, immunizations, of other kinds, besides covid. as you know, kids get all kinds of vaccines. those were put in jeopardy. nutrition. even eye care. all of this in jeopardy because of school closures. it's certain that schools remain open for the health of the children and even their ability to play. a big report came out of lancet, wreath, showed worldwide when kids were out of school the decreased mobility where they weren't even able to move around or play caused tremendous damage to their mental health. >> bret: you know, chop, children's hospital of philadelphia put out those guidelines. you are a proponent also of boosters for the teens 12 to 15. >> yeah, you know, bret, i'm certainly a proponent of boosters for anyone in higher risk. the troubling is we have an obesity epidemic in the united states so over 1 half of kids are overweight or obese. so there is a lot of pre-existing conditions. and the other thing is study just came out yesterday that shows clearly that the booster works against omicron. so, i want to decrease spread in schools. you talk -- garrett talked in his report how everybody is trying to close. we don't need to give them the excuse to close. if we have the boosters, and they are being used, along with other mitigating strategies, it's going to be less outbreaks and then the schools can remain open. i definitely want all teachers to be vaccinated and boosted as well. >> bret: you are also right about these carl rove about moderna and developed by nih that won't share its technology with the world. what about that? >> you know, bret, as you know, i have been critical of dr. fauci and i have praised him at times. i don't understand why the nih is not involved in this. you know, there is a trips advisory globally. the united states said that they were going to back giving the technology away to other countries. but meanwhile, moderna, which was developed by the nih, is not exporting either its technology, its infrastructure, or its vaccines. millions of vaccines are being thrown away here. and if people out there wonder what we are doing with these variants, well, omicron came from africa. and delta came from india. if we could vaccinate the world, and not necessarily export all the vaccines although, again, we are wasting a lot, we could definitely decrease the risk of further variants emerging. it is so important. we are part of the global community. i want nih to be at the front of this. >> bret: dr. marc siegel. as always, thank you. >> thank you. >> bret: up next, new details on democrats and republicans messaging strategies heading into this year's midterms. >> 5, 10, 30% basic american staples, household items, those are the things that win elections. ♪ ♪ with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. my daughter has boostype 2 diabetes also has key nutrients and lately i've seen this change in her. once-weekly trulicity is proven to help lower a1c. it lowers blood sugar from the first dose. and you could lose up to ten pounds. 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clearer picture of just how democrats and republicans plan to portray themselves and their rivals as we near this year's midterm elections. correspondent mark meredith is in washington looking at both parties' political playbooks. >> voters can expect to hear a lot more about january 6th between now and november. the democratic congressional campaign committee says democrats are going to remind voters just how house republicans have spent the last year trying to gaslight the american public and just how dangerous they would be if they were in charge of washington. >> last time was just a test run. >> the progressive activist group priorities u.s.a. is launching two ads in battle ground states reminding voters about the attack. republicans say labeling them as extremists will backfire by outraging about half the country. >> this is their christmas january 6th, okay? they are going to take this and milk this for anything they could to try to be able to smear anyone whoever supported donald trump. >> an associated press poll finds 71% of americans want congress to continue investigating the riots. and while far fewer republicans support it, a majority of independence say they want answers. >> 15 seconds. >> meantime republicans are shifting their focus to the prolonged pandemic. but it's a temporary shift says conservative pollster justin wallace. >> i don't think it's a winning long-term argument. i think it's a good jab in the short term. tactically, focus on covid now. get in a few body blows. but when it comes to the knockout, it's going to be the economy. >> a recent fox business poll found 49% of people disprove of the president's handling of the pandemic. those numbers up sharply over the last year. the rnc says it knows why writing joe biden campaigned on shutting down the virus. he failed. >> the white house insists it's pandemic strategy is working. it points to increased vaccinations but republicans say a record surge in cases, testing short falls and a stagnant economy will stick out the voters come november. bret? >> bret: mark, thank you. the friday lightning round. supreme court hears arguments over vaccine testing and mandates plus winners and losers. before we head to break. sidney poitier the first black actor to win an academy award for best lead performance has died. won oscar for performance in 1963 film "lilies of the film" is he considered one of the most beloved stars of the hollywood golden era. sidney poitier was 94. 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. snacking can mean that pieces get stuck under mike's denture. ♪ liberty. liberty. liberty. liberty. ♪ but super poligrip gives him a tight seal. to help block out food particles. so he can enjoy the game. super poligrip. to run a growing business, is to be on a journey. and 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getting sectors back to work. >> americans are moving up to better jobs with better pay, with better benefits. that's why they are quitting their jobs. this isn't about workers walking away and refusing to work. it's about workers able to take a step up to provide for themselves and their families. >> we are not talking about minimum wage jobs that are going without workers right now. >> bret: well, the jobs report came in. you saw the numbers there. 199,000 jobs in december. far fewer than the 400,000 that economists had expected. the unemployment rate though dropping to 3.9% from 4.2. let's bring in our panel. morgan ortagus former state department spokesperson, harold ford jr. former tennessee congressman. and bill mcgurn columnist for the "wall street journal." bill, let me start with you. i mean, it's clear that people are leaving jobs. some are saying the president is saying, others are saying that they are looking for better jobs than there are jobs that are open. that's the unemployment rate, but what about the state of the u.s. economy? >> yeah, well, look, there is some good news. there is demand, boy, there is a lot of jobs to offer. tight labor market means that some wages are going to go up. but i think we have to put this in perspective. we still have more than 3 million fewer jobs today than february 2020. we have a lot of work to do to catch up and i think looming over this is the prospect of stagflation. you know, i don't think joe biden has the slightest idea how to deal with the inflation and the longer he waits, the worse it's going to get. >> bret: harold? >> harold: so i think a couple things. bill is largely right. jobs are up, in fact, 6.4 million jobs have been created since joe biden has been elected president. our unemployment rate is 3.9%. the dow is up almost 20% for 2021. nasdaq up 21%. the s&p 500 up 27%. and wages are up. but, let's be clear, we still have some inflation worries, real inflation worries. i heard charles payne on a little earlier. i thought he about nailed it in terms of what the challenges are. if i were president or advising this president, rather, i would have marty walsh who for a lot of reasons, i think he is smart and i just like listening to the guy. i would put him in charge of a task force where we would have daily if not two or three times a week updates on what we are doing to ease the supply chain because i think that's what is contributing most to inflation. i think the worry amongst economists they may worry about it differently. some may think it's transitory some may think it's more permanent. one thing they all agree on is inspeculation inflation is here. how too we ensure that main street can continue to thrive in 22. >> bret: morgan, one of the thinking things that's affecting everything with the u.s. economy is covid and covid policy. today, the supreme court mandates being challenged and justices questioning about that. it was interesting to hear some of this and shannon covered it at the top of the show. take a listen to one exchange. >> more and more people are getting sick every day. this is the policy that is most geared to stopping all this. there is nothing else that will perform that function better than incentivizing people strongly to vaccinate themselves. >> this is one of the most egregious overreaches of government power that we have seen in this generation, if not this century. the states and the american people are the ones responsible for their medical freedom. >> bret: what was interesting to hear, morgan some of the justices in their questioning took things that dr. marty makary, johns hopkins, others say is just not true. and to say that the vaccination prevents you from getting omicron is just not true now either. what about this, what you heard today? >> yeah, and it also wasn't true with delta. plenty of people have been getting break through infections. that doesn't mean you shouldn't get the vaccine but as you just said it doesn't mean it prevents you from getting it i thought that justice alito summed it up best today when talking about the osha mandate for private employers. he said the mandate was essentially like trying to squeeze an elephant through a mouse hole. and i thought that was just such a depth way of describing this what many conservatives believe is a total overreach by the -- by the administration. i thought it was really interesting because we know that the supreme court is hearing two cases. they are hearing about the private employer mandate. but they are also, they separately listened to the case for federal -- for healthcare workers who get federal funding. they seem perhaps to be maybe a little bit more open to that kind of mandate. what's clear is that the so far at least in what i heard in the arguments today is that the justices are concerned that congress did not pass this mandate. that it's being done administratively and just way too much power at the hands of the executive. i also think that this will be potentially, if they rule the way we think they will, based off the questioning today, big win for people fighting for conservative judges to get them in for a long time. this is exactly why people want conservative judges. >> bret: we will see. i mean, it's sometimes tough to read between the tea leaves by the questions but you are right. it does seem like it's leaning that way. bill, it obviously comes after president biden talking to governors just in recent days saying there is no federal solution to covid-19. >> yeah. there is no federal solution, i think you should withdraw the mandate. i do believe it's a simple question, i'm old fashioned. i like the constitution. and i think it was judge -- justice kagan said, you know, we don't want to give these decisions to the courts. to do it. i don't want the courts to have it. but i don't want an unelected administrative agency to have it either. it belongs to congress. if congress wants it, congress should write it explicitly. that's what the supreme court said when they threw out the eviction notice that the cdc was having. i think this is a clear question go back to the -- go back to congress if you think this is right and the precedent that will be set if this is allowed, you combine something with health, in an emergency, and anything goes. i think we are going to see a lot of democratic policies turning into health issues. >> bret: all right. let's do winners and losers. harold, winner, then loser. >> my winner is the great sidney poitier who you just talked about. we know about his decency. we know about his historic nominations and awardings as the first black actor winning elite actor for in an oscar. but he was the bahamian ambassador to japan. he was knighted by queen elizabeth. rest in piece, young man, you will be remembered by all of us. my loser are those who chose to show up at the prayer vigil on the capitol steps. we shouldn't let politics defending showing capitol police and d.c. police that we appreciate their valor and their courage. >> bret: all right, morgan, winner and loser? >> morgan: my winner of the week may be names viewers don't normally know. julia fox, she is a actress and zz's new girlfriend on second date she got a closet full of designer clothes. i am jealous. a little bit of a untraditional winner of the week. your wife, bret, we might agree with that winner of the week. >> bret: appreciate that yeah. >> morgan: loser of the week go with the governor of virginia. come on, guys, they left virginians stranded for over 24 hours in a blizzard conditions freezing cold. this is, i mean, talk about inept state government. >> bret: that was rough. all right, bill, quickly. winner and loser. >> bill: quickly winner, arizona governor doug ducey who gave parents a real choice with the $7,000 in aid they can use for tuition if their kids schools are closed. my loser of the week is the dad in chicago who found out their kids' schools were closed. [coughing] excuse me. >> bret: that is a loser of the week. we will get you some water and thank you. you made it through that all right. panel, have a great weekend. when we come back, "notable quotables." ♪ ♪ with apple carplay support. get 2.49% apr financing on the 2022 gx 460. ♪♪ new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. . >> bret: it's friday, you know what that means, "notable quotables." >> there is a lot of reason to believe to be hopeful in 2020. >> if i had a dollar for every lockdown politician who decided to escape to florida, i would be a pretty doggone wealthy man. >> any time there is a carveout, you eat the whole turkey. >> streets aren't plowed. cars are stuck. they are broken down. people need help. >> december 7th, 1941, septembed january 6th, 2021. >> that was launching point to stage what they call an insurrection with, what, trump flags? >> there is a very radical element of the republican party in the same way that there is a radical element of the democratic party. >> if you are unvaccinated, you have some reason to be alarmed. some will die, needlessly die. >> if it's positive stay home for another five days. if it's negative, i would say you still really need to wear a mask. >> do you know how many fastests antigen tests i was able to find? -- >> is there going to be any change in strategy for messaging. >> jonas brothers. >> my children are going to be in school. >> we want to do what's right in our students. we are prepared to do that remotely. >> no reason for my kids to be at home. they are being held hostage at home. >> what they need a triple vaccine dose of fair and balanced. >> bret: there you go. one week. please join me "fox news sunday" dr. rochelle walensky, house minority whip james clyburn. that's it for us. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. "fox news primetime" loised by lawrence jones. >> lawrence: we will be watching. good evening and welcome to "fox news primetime," i'm lawrence jones. if this week has shown us anything is that the biden administration has no idea what they are doing when it comes to covid. the plan to shut down the virus has completely failed. and even his former health advisers are admitting that there needs to be a new strategy. in my opinion, joe biden and the democrats just don't care. after yesterday's carefully orchestrated production it's clear that january 6th has been their top priority all along. but the pandemic, destroying the nation, just look at what's

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