committee has a ministration is -- after advisers say time for a new strategy. and a new key medications director also on the defensive tonight over criticism of some remarks and tweets. we will update in. the vaccine minutes in the hands of nine supreme justices tonight following arguments in front of her their ultimate decision has the potential to impact nearly 100 million americans. these fast-track cases are at the core a test of just how far the executive branch power cannot reach into your life. >> seven up to eight justices in the courtroom were mask for today's argument. as first up on the docket today, a request to stay the labor department emergency regulation requiring a players with 100 workers are more demanded vaccines or require unvaccinated workers to wear wear masks and test at least once a week. just as they make that they support the mandate. some of the but that justice at the same defensive the measure raised eyebrows. >> those numbers showed that omicron is is that leading causes of much sears disease in the unvaccinated as delta did. >> that's not true. omicron is more mild and we have laboratory evidence of that. we have over 100,000 children, which we have never had before, in serious condition and many young ventilators. >> that's not true. was not happened hundred thousand children in serious condition in us hospitals. according to the cdc -- >> the car at the center of the states was whether the federal government has the power to do the of regulation with numerous members of the biden administration said it would not do, including white house press secretary jen psaki was that both the federal government would not connect the mandate and it was not the role of the federal government to do so. it appears that the federal government is going agency by agency to get congress to act. the second case weighed rather be a ministration can mandate vaccines for workers and healthcare facilities that get federal dollars be a medicare or medicaid. just a kagan that is the best way to stop the spread of the -- yuppie vaccinates think take your not killing people that can kill patience. that seems like a pretty basic infection prevention measure. >> with both mandates the opponents short 1-3% of the workforce will quit if forced to choose between vaccination and your job. employers argue that they're struggling but labor shortages and a walk out on that skill would create a nationwide economic problem. i think that decision will be days and that most couple weeks. first up in the fires the ground up, 42% of covid hospital patience of our state were admitted for reasons other than buyers back in those patience happened to test positive while in the hospital. adding that the next city numbers are even more stark. >> fifty/50. so happen to hospitalizations in new york city are there because of their -- severity of the fire. >> situation. the other half are there for other reasons. >> chicago public schools will likely remain closed again monday unless a deal with the teachers union can be reached over the weekend. negotiations a little sign of progress while students remain home. periods are speaking out on the hardships the kids are facing being been pushed other classes again. >> i'm frankly quite live at that were back in the situation in chicago. >> it's extremely difficult for our children. i think this is -- throwing their weight around so that they can make sure that they achieve what they ultimately want to achieve and that is to run city government out right. >> hundreds gather bring to show support for the native son joe pitch as the star remains in confinement in australia over the vaccine laws. the serbian president calling the detention a harassment. joke a breaking his silence and thinking his hands on instagram for their support. and finally the ceo of internet says to prepare for fourth shot. anticipating that drug company next booster will be needed for the fall and beyond. maternal also announcing that booster market sales could reach $2 billion in the us just this year. president biden crushing it to containing it. following calls for him to accept living with the fibrous virus as normal. kevin corke has all the details tonight. >> joe biden says he just does not think the coronavirus as the gnosis today is here to stay. >> were going to be up to control this. the new normal is not going to be what it is now but is going to be better. >> biden adding that the world is far better equipped to counter the virus than ever before. >> covid as we are dealing with that now is not here to stay. covid and the environment here and in the world is probably here to stay. we've got so many mortals and we are developing and continue to develop that can contain covid and other strains of covid. so i don't believe that if you take it luck, we are very different today than we were a year ago. >> in the meantime plans to deliver 500 million covid-19 test gets to homes across the country are being finalized between the white house and the postal service and officials hope that by perhaps mid-january to begin shipping those tests out to americans all over. and not a moment too soon, giving the surging number of cases up a whopping 227% over the past couple of weeks. they said the latest jobs report was way off the march just under 200,000 new jobs at a time when the experts expected a figure north of 400,000. some like goldman sachs predicted 500,000 new jobs. i cannot think you're hampered at least in part by the surgeon covid-19 cases caused by the omicron variant. nancy pelosi has invited the present to deliver the state of the union address on march 1 so be sure to check your calendars for that. the damaging stetson headlines and folks on the positives and the economy and elsewhere. >> we know what we are covering on march 1 and what we will be doing that night. you've been covering this way that the purchase out of the vice president's office. the new guy, one of them, the new communications director already under fire. look for? >> simmons is set to be named the new director for the vp but is already in hot water. he previously hosted the show for the hill called why you should care in which he aired a segment back in august of 2019 played old days didn't confuse, poking fun at joe biden for the many inflated and exaggerated stories of these told the public over the many several decades, quite frankly pretty also cast doubt on covid-19 vaccines while the trumpet ministration was rushing to get one approved for emergency use back in 2020, calling it, quote, jane key science. he also warned joe biden not to get too comfortable with the black vote, urging him to remember that he puts a plus one invitee to the black cookout, meaning alongside barack obama. he also -- but many of the love for a tweet years ago as he wiped ice was not arresting and deporting those in this country illegally. he spent much of that they apologizing for his past comments and tweets, pledging to wrap the end ministration with humility, sincerity, and respect shannon. >> i think that is how it goes these days. check it out. if you are from the myspace age page, you are fine. kevin, see you back here to talk about a very important number in just a minute. >> you are going to love this. i will see you in a few. >> after arguments up the supreme court today, over two biden administration vaccine mandates, attorney general is among those challenging them measures. >> for me and for many americans out there, this is about individual liberty and it is about the presence of federal government's reach into your lives. >> let's bring you to my's panel . the got a bunch of legal eagles tonight. here is not meant attorney general john five and supreme court -- herself. great to see l all of you tonight. >> i want to play something about the fact that this mandate that covers the workplace, she says you've got to go there all day every day. why shouldn't the government have a role in making sure that your safe there in the midst of this pandemic. here is what she said. >> you have to be there for eight hours a day and you have to be there in the exact environment that the workplace is set up with then you have to be there with a bunch of people if you don't know and he might be completely a responsible. where else to people have a greater risk than at the workplace? >> that is good enough of an authority for the department of labor through goshen ocean to beat the saints you've got to get vaccinated or pass a test. >> i think the challenge here is this is not about the wisdom of vaccination. it's not about even if it's a policy weather should be done. if it is osha has the authority to do this with but they haven't got duped the regulatory process it involves not happening those protections we normally have to make sure that the regulations have been vetted and there are concerns on both sides. and in this case they can only do it in its emergency and if there is grave harbour i think the challenge here is the ministration and admitted that for quick vaccinated -- for vaccinated individuals, there is no great harm. we don't think there is any real serious risk. so i think the question then becomes who are they protecting here. so the court has really has come down to the question of are they trying to squeeze an elephant into a mouse hole. they've really don't have the authority to do a huge thing with the limited authority that they have. >> did you brought him up, he also talked about this concept that what osha is requiring isn't just over were seeing the time at the workplace but it goes beyond that. here is what he said. >> most osha regulations, all of the funds of which i'm familiar of fact employees when they are on the job, but not when they are not on the job. and this affects employees all the time. >> he also said this one is this not a pandemic anymore. when that these agencies have to go through the old-fashioned proper process that's not considered an emergency. plenty of skepticism today. >> i agree that there was. i just heard kerry suggest that we are talking about a mouse hole. we are talking about a football stadium. this is the greatest risk to american health and safety in a least a century. that is what kagan -- laura ingraham was saying. it's pronounced in the workplace and that does not mean it it's not in the workplace, so they have the authority that they have is, as kerry says, if there is great danger and an emergency . it seems to me if not now, the family plan. it is that when people are getting hit by the millions and vaccinated or unvaccinated, anybody is putting others at risk, what else could a great danger mean and what else could the workplace danger mean done something like this. >> so there was a lot said today that, you know, we did some fact checking with dr. marty makary. i'm confused by some of the comments made. they were things that you could easily google and find that that's going to be in conflict with some of the factual information we have from the cdc and not from partisan or biased associations. so i asked dr. marty makary today if he was surprised about the justices being misinformed and some of the things in here is what he said. >> the statistics they say it appeared to be more derived from media headlines that they do from actual data. they're inconsistent with many of the statistics that are tracked and of the many key indicators such as new hospitalizations for covid rather than with covid. we know they have thousands of pages of police and they can read every single one of these cases. i don't think that the justices of purposely making misleading statements. i think this is what they believe are the actual numbers. i've got to wonder where they got that from. i can't believe it was in any of the briefings. >> this is actually the dangers of having the court decide this in the way that i'm afraid that they were arguing for. they were making a play for why the vaccine mandate was a good idea. so they were bringing out statistics and asked which the policymakers should decide upon, not judges. judges aren't on the ground making these kind of decisions that they can tell which facts are true or not sitting in washington dc. the real question is who decides pretty prediction of the osha, legislation, or should it be congress babies the kind of backs that congress can consider in the second bigger question is what are we let states and individuals and companies the side. it's a decision for one bureaucracy and washington overseen by the supreme court or should it be decentralized throughout the state think companies and individuals and families should be trusted to make. >> very quickly. >> my question to carry is this. go ahead. >> i just think that the side joke -- hundreds of thousands die from the flu every year. he did. >> no, he did. he didn't say hundreds of thousands. he said one hundreds of thousands of people die every year. >> i do agree. the question is do the authority and congress should the congress did say if it's an emergency and a grave danger that the authority. sorry, go ahead. that's good, harry. i really want to ask you, tell us what happens after the arguments today. quickly tell us what happened but the timeline you think for a decision. >> this is on an advanced timeline. i'm guessing that they could've had a conference today to talk about the case. they would wait for a few days. they may have already competent the side of who is going to write the case and some of the things that they were talking about suggest that could move as quickly as responding next week at least in terms of whether this day remains in place. let's just keep this policy states we have fully time to digest the argument and don't have to go to a rushed decision. on the other hand they could just wait until june it's a big important case. i expect something much sooner. >> i'm with you. i expect that john and harry would agree with us to expect. because of a great weekend. things for being up late with us . >> thanks, guys. >> and a group of democratic lawmakers in california unveiled his sweeping universal health care plan. there's a lot of hurdles on the way and has a host of taxes for hosts and businesses. rapidly taking a closer look tonight. >> shinning, while a proposal by democratic lawmakers seems to provide universal health care for all all citizens, but it would also mean higher taxes for all. 1400 would create fear, aces film run by an independent board of directors that will provide access to health services to every president, regardless of immigration status. the proposal aims to bring payments to providers more in line with cost of care and was also lower prescription drug prices. >> man, woman, or child, documents -- not whether they are housed or not. everyone has the right to health care. >> the proposal is expected to get plenty of pushback from opposition groups representing doctors and insurance companies. gavin newsome made single-payer health care of focal point of his campaign four years ago, a statement from his office says i will comment on pending legislation. from his first day in office advancing healthcare to all has been a top priority for governor newsom and they've made important strides of the last three years to give us closer to universal health care by expanding coverage and implementing nation big proposal to reduce healthcare car us and increase access for families. on thursday the second bill was introduced that proposes tax increases to pay for at all. no independent cost analysis has been done, the constitutional amendment would create an excise tax for businesses with 50 or more employees and would require a new tax on workers making more than 49,900 be year, also personal income tax on those with salaries over 149,000. but the planned as culpable was starting californians to also pay more in taxes. >> good luck cueing queuing up to your service because we've got the state that can't issue drivers license properly through the dmv. for going to make all of that a state agency and is going to control every aspect of your healthcare. >> the california state assembly is expected to vote on the universal health care bill next week. any tax increases to pay for it must ultimately be improved by california voters but it also breaking tonight in california, governor newsom is activated the national guard to help her covid testing. shannon. >> thank you so much. great to see you. >> thank you. >> three men convicted of murdering were all sentenced to life in prison friday but the judge of the case tonight any chance of parole for greg and travis mcmichael, the father and son that took up arms in georgia back in february of 2020. still to come to know what you get when you give up happy a paintbrush and cattle on the loose on the highway and idaho. who finally got these runaways. 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(swords clashing) with the right tech solutions. -had enough? -no... arthritis. here. aspercreme arthritis. full prescription-strength? reduces inflammation? thank the gods. don't thank them too soon. kick pain in the aspercreme. when you have xfinity xfi, you have peace of mind built in at no extra cost. advanced security helps keep your family protected online. pause wifi whenever for ultimate control with the xfinity app. and family-safe browsing gives parents one less thing to worry about. security, control and peace of mind. with xfinity xfi, it's all built in at no extra cost. first up and tonight's viral videos, who say who can take us today. you get the play and a record 17.8 inches of snow. the polar bear feels very at home. and if you are human, they're not the only ones that have their own creative outlets. take a look at this australian shepherd pup who has serious skills with it comes to acrylic painting. i would buy that painting. that stock is super cute. a nurse posting to tiktok after spotting the woman's woman the nurse said that tested positive for fires back at a discount store. i told you stay home and free copper. she didn't show her face. flooding at the washington state town of chehalis, hundreds of homes are totally surrounded by water, more than 50,000 customers are without power. at stretch was closed for several hours today. heavy stone rain has been pummeling that area. the best way to perfect -- is to cause a controlled one. so check it out. this is what you seen a video released by thank you the department of transportation. the mission was carried out east of the loss -- salt lake city. of very cool site. they say there's trouble that could be down the line. and getting some back up after two, cows escaped from the past year. they've tried for two hours about success. this guy showed up and help less of them and put them in a trailer. everybody is safe and sound. america's long travel nightmare continued friday with more than 2500 flights canceled after winter storm hammered the east coast. the back but there's stepping shortages and pandemic us there it is a huge toll on the airline industry. laura ingalls shows us tonight. good evening, laura. >> those holiday travel troubles are not over yet. and just seem to keep going as we go to it another weekend with weary travelers just trying to get home. >> i was busy traveling in minnesota over the holiday and i've been trying to get back to seattle for the last seven days. it's been a miss for many trying to get to where they had hoped to be by now. as of friday afternoon there for 2500 flights delayed in more than 2500 in one day alone. it's been nearly two weeks and airlines have been struggling to keep planes in the air facing stepping shortages due to covid-19 on top of winter conditions. the miss started around the christmas holiday with nearly 20,000 flights canceled nationwide since christmas eve. >> we have no idea how long we are going to be here but right now our flight was canceled. >> there for some improvements to speak while the number of flight cancellations are high. they are on the decline. on monday more than 2,000 flights were grounded nation wide and by wednesday that number came down to about 1700. >> it is just an unthinkable situation. >> that could be flight disruptions through the end of the month, adding that there are some things you can do. >> you also have to remember to ask the right question. it's not just an issue of getting report, but could you possibly be around me. is there never a connection you can do. they go to a different airport. >> the first winter storm or the other blanketed much of the northeast under snow and ice causing havoc on the roads as well, especially the i-95 corridor. is always the best plays, call ahead of you are heading out on a plane or train and if you do change -- juice and automobile, give yourself plenty of time and bring your patience. >> good advice. thank you. it is time to bring kevin corke back. you did an eye-opening survey on how men see themselves when it comes to their own bodies. don't get me in trouble with hr. kevin, take it away. >> come on, guys out there. here is the deal. according to a new poll commissioned by an online dr. emma whatever, just 41.9% and that they are happy put but the way they look. and the number gets even lower among men between the ages of 36 and 45. just put my .6 saying that they are good with that and among those 46-55, just 36.1 say they are cold with the way they block . the average man according to the survey rated himself as a 5.9 out of 10. 37% saying they don't think that they are lower than that. i don't know, maybe it is just me and the people i hang out with. i don't know if you've ever seen there's a simpson episode where homer simpson is in a mirror and he has got a homer body but in the mirror he is sort of flexing . that is how most guys think as far as i can tell. 's sheldon like this? >> that's what i think too. i think that will skies or markup but it about their looks and their body than women are. i think that is kind of my personal experience. i love it when you're at the beach or the pool and they are having so much fun and they are hanging out. they've got confidence and they don't care. mean about the webinar where is my cover-up. i'm really surprised by those numbers. guys, you look better than you think you do. >> absolutely, guys. get your swipe back. all right, let's do good news in a few minutes. see you in a bit. >> think of this. miss organized smashing grab devastating some retail businesses. at least one mayor seems to be blaming the retailers. former us secret service agent charles marino joins us live next. 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. a must in your medicine cabinet! less sick days! cold coming on? 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>> the mayors and the prosecutors and the other it like that they there's early on all abandon their number one responsibility of affecting the communities that making sure that there is lawn order. we did not see an increase in fact -- to fill a nice the very law enforcement departments and their cities and decided not to fund them, allow them to do their job and then prosecute crimes when they could do their jobs. a few weeks ago, where she places the blame. here's where she said. >> will this give criminals green light? no. what is your definition of criminals? >> sorry, that is a different sound bite. let me tell you put more and they put shed. she's at some of the retails on michigan avenue, i'll tell you does -- am disappointed to make sure they don't make it a priority. we slept retailers that will institute plans like having a security officer in their stores but you are the expert. tell me how that works. we see yet here's some of the things that they have people coming up and cleaning out that score and the security guard standing there saying i'm not a law enforcement officer, not supposed to confront her touch these people. what can private security do? >> first of all not all businesses, especially small businesses can afford security. you are right that a lot of them to take advantage of security technologies like surveillance. let's get back to the actual physical person being a security guard. at the end of the day as long as law enforcement is constrained the way it has been constrained is bit impacted negatively bite defunding the police with a can no longer staffed appropriately and respond of these calls and prosecutors are not prosecuting the having a security officer in the store's neck going to matter because the security officer is there in most cases just as a service as a deterrent to observe and report when there is a crime. and get dressed covenant i at the tail and the fact? law enforcement who has to refute that the prosecutor office to prosecute. if these two elements are not working in concert, this is effort going to get solved. of recidivism rate is going to continue and the snatching grabs , there's no deterrent to stop doing them. >> so the new mid head da cities like her to charge certain crimes, trust packing, -- trespassing, stealing from stores and dealing drugs, etc. very quickly how does that impact the overall ability to get crime under control? >> first of all it remains to moralizing for enforcement because they know that the cases that they bring forth are not going to be seen to group by the prosecutor present office. is going to lead to more violent attacks. the d8 does want to decriminalize was just did our, for example is one of those crimes that he wants to speak go away. so it's going to jeopardize law enforcement but the district attorney should that become a legislative because what is trying to do is chain the law and ignore the law and that's not the position that has as we all know. >> have a great weekend. >> you too. >> one first agents at the southern forces these two battles. the got the search of and also the omicron. that is where we are reporti tonight from texas. >> it is friday morning of the rio grande valley. a group of migrants up the side of the road and mission as thus omicron. is impacting federal manpower here. >> for dhs sources of yesterday, border patrol 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 for texas law enforcement source told fox news that i smuggler for fleeing from police for five illegal immigrants of 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,, the salvadorans offender was arrested they were patrol after crossing illegally yesterday. he give up big name and as the previous record in houston for indecency with a child, stalking , and child abuse. border patrol has arrested more than 66 offenders just since october 1. and in texas would hope they've been sector, agencies use k-9 and helicopters to attract of this group of 20 illegal immigrants who were wearing camouflage, trying to evade and a desolate open desert. they also spoiled this human smuggling attempt, f running a large group of illegal immigrants who have been crammed into an suv. and border patrol is expected to base their december numbers within a matter of days and we are expected to hit a staggering 2 million bordering counters per calendar year 2021. fox news. >> religious persecution around the world may be much worse than you think. how former congressman is going into some of the most dangerous places of the globe to shed a light on that. before we go to break we remember sydney port da, the first black actor to win an academy award for best lead performance. he died that they in los angeles he's been one for his performance in the film lilies of the field. he's consider one of the most beloved stars of hollywood. sydney port da 94. stion, upset stomach... ♪ ♪ diarrheaaaa.♪ try pepto bismol with a powerful coating action. for fast and soothing relief. pepto bismol for fast relief when you need it most. we're a different kind of dentistry. one who believes in doing anything it takes to make dentistry work for your life. so we offer a complete exam and x-rays free to new patients without insurance - everyday. plus, patients get 20% off their treatment plan. we're on your corner and in your corner every step of the way. because your anything is our everything. aspen dental. anything to make you smile. book today at aspendental.com, walk in, or call 1-800-aspendental. do you struggle to fall asleep and stay asleep? 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(swords clashing) -had enough? -no... arthritis. here. aspercreme arthritis. full prescription-strength? reduces inflammation? thank the gods. don't thank them too soon. kick pain in the aspercreme. a form united states congressman is traveling of some of the most dangerous parts the world, documenting the very contemporary issue of religious persecution. good to have you with us tonight . >> thank you for having me. >> i wanted play a little clip of this a people can see what you are working on. >> shots fired, shots fired. >> were going to move out if you're not tied to set any bombs off so the world will forget. i can still see it all the way across the horizon and it was done as an act of work war against people. >> why did you decide to do this >> i think god kind can that led me here. up first on the public affairs committee that was not my first choice and then i fell in love with it. we did a couple nationals out of sudan after a much larger -- with distinguished members of myself. i called them on the phone and said you are still in prison and i taken a pack and that is what started it. but his passion. i started learning more and more but what was going on all around the world of my thought what greater calling is there. so i just backed into it. i know what is where i want to be. >> i'm going to put up a list of those countries that they say are the worst. you've been to some of these places. i know that you are a christian and we talked about this, the fact the states all but just minorities that you want to help out. you feel a call to help them all . >> yes. so my bible tells them supposed to help people and the good samaritan h owe someone that was empathetic to the person that they were helping. so if i want to do the best that i can do,, coveted best that i can do for people. i take a little bit of that in china. we are going to go and watch the best possible show in china and, i mean, whether it is working her fisting are having a shadow were it is concentration camps but that is kind of where we are we have all big studios and look at the trailer. this is great stuff. can you do this without talking bad about china? we could do a document on the beatles and not talk about john but it wouldn't be any good. if we knew what was going on, we wouldn't tolerate it. we would demand that our leaders do things differently. the us turns a blind eye or is complacent, not because we have the same guys that because we prioritize money first in life. that's shameful. were going to push through. cockroaches scramble when you turn the lights on and that is what we are trying to do here. >> it is a bigger problem that i think most people realize. with deficits great freedom in this country. thank you. we wish you all the best with this. >> i hope folks will check it out. have a great day and thank you. >> some good news before we say good night. ac lion not very far from earlier today on a busy california freeway initially and highway patroltopped traffic during the morning commute. the rescue route took this marine mammal back to safety and nearby dryer first tried to get the feeling away from that dangerous situation. the sea world team relies they previously rescued the same sea lion back in november. apparently he just likes to wander. >> he just likes to get out there. i don't blame him. the retired marine corps sergeant ed to the court back in 1975 pitches left the service and went to work at the university of utah. thanks to the american warrior initiative and fairway mortgage is a salute to her time, she received a service animal, a free companion and honor of another you time. sacrificed and surface up his country, taylor hoover. the surface ducks have so many veterans. really gets her tough times. it's so important that we say good night and the very best of luck. >> i love it. what it means one of these veterans in the public and airport and stations where they got their dog, you can see the relationship. beautiful story. thank you very much. enjoy your weekend. clerk: he sore throat pain? ♪honey lemon♪ try vicks vapocool drops. in honey lemon chill. for fast-acting sore throat relief. wooo vaporize sore throat pain with vicks vapocool drops. 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