alex huff with that story. >> hi, jacqui and griff. the fact that they were included in the arguments without correction disturbed a lot of people. at one point said that the omicron variant is just as deadly as the delta was, which has not been proven to be the case. she added this. we've had 100,000 children, which we've never had before in serious condition and many on ventilators. >> second part definitely not true there and the number is actually just over 3,000 kids hospitalized, but the c.d.c. said that of those cases, it's unclear how many children were in the hospital for other reasons who simply tested positive for covid-19 upon arrival. regardless, justice sotomayor along with breyer and kagan with vaccines at larger private companies. and skeptical of the power of the branch siding with the biden requirement. and this is something that the federal government has never done before. justice alito offered this. >> most osha regulations, all of the ones of which i'm familiar, affect employees when they are on the job, but not when they are not on the job and this affects employees all the time. if you're vaccinated while you're on the job, you're vaccinated when you're not on the job. >> the justices are weighing a separate case recording health care workers, there seeming more receptive since the biden administration seeks to implement next week, the cases have been fast-tracked and the decision could come down in a matter of days. >> thank you for that story. griff. griff: jacqui, for more on the case recording biden's mandates, we're fortune to be joined by kings college fellow mark smith. as we await possibly something coming out of the high court today, but i want to pick up with you just where our correspondent, alex, left off and that's with justice sotomayor's comments. now, we knew that breyer, kagan and sotomayor favored the measures, but sotomayor went so far as defending the policies by stating unproven medical facts. what is up with that? >> well, justice sotomayor should not be talking about issues like that because she is a judge and her job is to apply the law, whether it be the constitution or the federal statutory law, it is not her job or any of the justices' job to engage in policy making and make good policy arguments and i think that that's just shows that, you know, justice sotomayor, who is known as really a liberal judicial activist is happy to engage in policy making from the bench. that's not the knob of the -- job of the judges, it's to the law. and you look at conservatives, much more focused on is joe biden a king or a president that has to follow the law and is he able to make such a major change without actually consulting congress? it seems to me if you look at the questioning, griff, that the supreme court seems to be thinking that it's up-- if joe biden wants this kind of radical change in american elk had policy, he can have it if it goes to congress first and congress first passes a law. that, of course, has not happened. griff: you put your finger on it, mark. the questioning i heard seemed to suggest the ultimate fundamental question here with both of these vaccine mandates, is whether or not the president, in this case, joe biden, has the authority to have implement these vaccine mandates without the clear and express consent of congress. how do you see this playing out? >> well, i think when it comes to the employer mandate, i think it's a very good chance that it will be viewed as unconstitutional and not allowed because this is something the federal government has never done, mandated vaccinations at this level in any respect. and i think that justice roberts hit the nail on the head when he said, well, you know, this has never been done so maybe you need to go to congress. and i think that's really where that case going to come out, they're going to strike that down and say, president biden, you have to go to congress to get this legal authority to do what you want to do with your policy. now, on the medicare, medicaid issue, it's a closer call because there's a longstanding tradition of really the federal government setting conditions on hospitals and health care facilities that receive federal moneys and setting conditions as to when they will be paid. so in that case, it's a much closer call as to whether or not requiring health care workers working at medicaid or medicare facilities to get vaccinated. and that's a much closer call and i think there's a good chance, know the a great chance, but a good chance that that policy could be upheld under the existing statutory law from the federal government. >> for the reason that those institution receive federal dollars, i assume, is what you're pointing to? >>nator, it's really, it's a connection that said, look, if you're willing to accept federal money then we, the federal government get to set the conditions as to what you have to do to get that money, and if we insist that your employees get vaccinated to get paid under medicaid or medicare, then that's a much closer fit and there's much historical tradition to allowing that. for example, justice kavanaugh made a reference to individuals sometimes have to wear gloves under medicare and medicaid rules and he thinks that that might be analogous to a vaccination requirement. again, it's a close call. we'll see what the supreme court says probably next week. griff: well, and we could get something out of the supreme court on the first case, that being the companies that have 100 or more employees must get the vaccines or have employees tested. we mate get something because that's supposed to take effect on monday. what do you forsee the court doing between now and monday morning? , i'm not sure we'll see a decision on monday. that's awfully fast for the supreme court to move on any case. but i do suspect they're moving with great speed here and we'll need to see a decision on both of the cases within the next seven to 10 days. griff: constitutional attorney mark w. smith, king's college, thank you very much. we'll see what happens. jacqui. >> thanks, griff. jacqui: griff, president biden amitting covid is here to stay in some form after promising to defeat the virus for two years. at date is set for the state of the union. >> hi, jackie, some medical experts insist that the silver lining of this omicron variant is immunity boost. president biden says things will get better despite a record setting number of cases nationwide almost two years into this pandemic. >> no, i don't think covid is here to stay, but having covid in the environment here and in the world is probably here to stay, but covid as we're dealing with it now is not here to stay. the new normal doesn't have to be. we have so many more tools we're developing and continue to develop that will keep-- contain covid and other strains of covid. that's not what we heard on the campaign trail just before the election. >> i'm going to shut down the virus. i'll shut down the virus, not the economy. i'm not going to shut down the country, but i'm going to shut down the virus. >> earlier this week, the u.s. recorded over one million new covid cases in a single day, shattering the previous record and comes amid a testing shortage nationwide. the white house has signed two contracts with companies working toward the president's goal toward half a billion. on the economic front added just 199,000 jobs in december, falling well short of expectations by the labor department. despite the jobs report, good news for the white house, unemployment fell to 3.9% near what federal reserve calls maximum employment and wages rose. president biden accepted nancy pelosi's offer to hold the state of the union address march 1st, the latest the state of the union held since 1934, normally in january or february. jacqui. jacqui: lucas from the white house. for more on president biden's handling from the cases, we'll bring in member scienced based mo brooks. >> my pleasure. jacqui: last month there was a bill on mandates. do you think it will go anywhere? >> no, not in this environment, they like the mandates. they don't believe in liberty and freedom, the bedrock of the united states of america, rather, they believe in dick at that tore -- dictatorial conduct, and they're not going to get passed the congress or signed into la you. jacqui: this has been a pretty tough week for the biden administration, there's been a record setting surge of cases. a muddled on testing, former members of biden's health team adopting a strategy of living can with covid and then the president admitting covid is here to stay in one form other another. how much do you see this impacting the success and how much is the g.o.p. positioning around that? >> well, the virus is definitely impacting the success of this administration, because credibility plays into success. the biden administration, for that matter before it was the biden administration, during the campaign, made all sorts of promises that could not possibly be kept. for example, he was going to stop the virus. no way was that going to happen. he was going to do better than donald trump did with operation warp speed. we're waiting to see that happen. bottom line is this, people need to understand this, this is a bioweapon created in we and bioweapons lab with the people's liberation army. it's going to be around for a long time and we have to learn to deal with it. we cannot shut ourselves off, and a policy that has done so much damage to the economy, from democrats governors, mayors and some degree president joe biden, that's not going to work. jacqui: i have to clarify one comment there, that the coronavirus is a bioweapon, i mean, we have not seen any proof of that although there are certainly investigations into the possibility. >> i have seen enough information, so many of it classified, some not, some of it consisting of private meeting someone who worked in that program in communist china a part of the bioweapons program, and it's a bioweapon, and it's man made and manmade at the wuhan lab. can i say that with 100% of certainty? no, but i shea that with high, high high certainty and my believe. jacqui: your belief. if it was not the one year anniversary of january 6th and the president made it clear the democrats want to deep it in the spotlight. and this week, a former staffer for kevin mccarthy claimed you that you cheered on the rioters, and mo brooks cheered on that the congress started this way much to the dismay of others in the room. is that true, sir? >> well, let's be clear, he's no longer mccarthy's staffer, he's now with pelosi republican liz cheney and mr. o'toole trying to suggest in any way, shape or form that i was cheering on the violence in the united states capitol, he's lying. first i never on january 6th, the time the riots started until it end saw a single protesters or saw a single person engaged in illegal conduct in the united states capitol. second though is this, the united states capitol is full of security cameras. they're everywhere, the capitol complex has them everywhere. there are thousands of hours of footage. if there was one second of footage of mo brooks cheering on some kind of illegal conduct, you better believe that it would have already been made public. it hasn't been made public because it doesn't exist and this particular staffer should apologize for his mischaracterization of what transpired and if he had honor he would resign. jacqui: do you have any regrets, sir, about your conduct that day or any of the headlines that have come out since then, including, you know-- >> go ahead. >> i don't control what the fake news media brings out. and you bring up body armor, i wore body armor at the eclipse because of my staff and my wife worried about actions by blm and antifa. and i took it off. and there was a great speech i give at the eclipse, a mile and a half away from, a three hours before the separate unlawful activity after the the united states capitol. unfortunately, the news media tends to tie them together. there were three or four different things that happened, often very far apart in time and in place. jacqui: okay. but unfortunately the news media often times lumps it altogether as if it's one thing. there was no one arrested for illegal conduct at the eclipse rally. jacqui: thank you for your time, sir, i appreciate the conversation. we've run out of time. appreciate you coming on. >> certainly, my pleasure. jacqui: thank you, congressman, griff. griff: let's turn now to the democratic perspective on covid mandates and the economy. joining us is california congressman brad sherman, also a member of the house financial services and foreign affairs committee. congressman, thank you for being with us on saturday. let me just get your first reaction, we've had record number of cases across the and in california, a state that's been very tough on measures. really, from california all the way to the east coast, every state seems to be suffering a soaring numbers of omicron cases. you heard your colleague, congressman mo brooks in the previous conversation criticizing the administration's handling of it. how do you see things? >> i think we've politicized a biological crisis that's hitting the entire world and we've done it unnecessarily and we've done it in a way that's really hurt our country. i think we'd have a much higher vaccination rate if we hadn't politicized the vaccine. and i think that because of the politicalization people are particularly tired, they'd be tired anyway, of the fact that this virus has gotten stronger against us. we had the first variant, then we had delta and now omicron, and so people saw the light at the end of the tunnel and then the virus got more contagious and partially evading vaccines. we need to buck it up, to get our booster shots, which less than half of americans have gotten, and to get the politics out of it and to get the science in it. griff: congressman, you've raised an interesting point. we saw just a few weeks ago, former president trump getting actually booed at a conservative conference for saying, supporting the vaccine and getting the booster. do you think that this administration, the white house would be served well by reaching out to former president trump trying to get him on board, do some psa's, do something where you see the previous president and the current president imploring the remain unvaccinated to go out and get the jab? >> we have a budget for psa's and paid advertising. and while i usually don't want to see federal money spent on fox, i can't think of a more effective commercial than one on this network with trump telling people to get vaccinated. that's the biggest pool of unvaccinated people and he's the strongest advocate. while i praise him very rarely for him to finally step forward which he should have done a year ago, and finally step forward and to get booed by some of his own people and to say get vaccinated is a message that should be repeated on this network over and over again. griff: speaking of messaging, i want to draw your attention to-- we've had mixed messaging come from the c.d.c., has confused a lot of americans. here is a snippet what we've seen from director walensky. >> if it's positive we know the maximum amount of transmission is behind you we still want you to wear a mask. >> 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, you still may have some transmissibility ahead of you and still shouldn't visit grandma, shouldn't get on an airplane. griff: congressman, do you think they need to retool their messaging? >> well, i think this is so complex, you need to publish a chart and people can only look on the chart to see which circumstances apply to them. when you try to cover something in this complexity in a few seconds on television and say if you've got the disease, but you have this symptom, but it's been three days and you tested positive on pcr, negative, on an antigen -- you've got to lay that out in a simple chart. speaking of the c.d.c. just an hour and a half to go you had dr. redfield on and i think he made an awful lot of sense, that the most important thing we can do on this disease is to get vaccinated and boosted ap might turn out to be a fourth shot. that is a lot of vaccine, but we're up against a powerful and crafty virus. griff: we are indeed. just in the time i've go the remaining about a minute left i had to get your thoughts because we're in 2022 now. that means less than a year from the midterms. how do you see the democrat agenda playing out this november? your republican critics, obviously, pointing to the soaring inflation, the administration's shortcomings on covid, but what is the case to be made for the democrat candidate? >> look, we've had 4.6 trillion dollars of extraordinary spending, unpaid for spending as a result of covid. most of that was signed into law by trump, a smaller portion was signed into law by biden. and this station, you can blame biden for inflation, you can blame trump for the inflation. the fact is neither is applicable. we have inflation in germany, france, britain. our inflation is a tad higher than the average for the other rich countries in the world. they don't have trump, they don't have biden. they do have covid. this thing has disrupted the world economy. it's made it tough all over the world and only in america would we think it's all about us. it's not. it's about the virus and it's affecting the world. griff: and hopefully it gets better. congressman brad sherman, we look forward to having you back closer to the midterms. >> thank you. griff: and sending migrants back to mexico as part of a judge's ruling on trump era policy? we'll go back to the border next. they customize my car insurance, so i only pay for what i need. how about a throwback? 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(excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. every year we try to exercise more, to be more social, to just relax. and eating healthy every single meal? if only it was this easy for us. >> illegal crossings are actually down at the moment. one cvp source telling me it was a slow week. and temperatures are starting to warm up at the rio grande at the nation's southern border and that's where we find bill at the border. >> i can confirm what your dhs sources are telling you. typically there are hundreds of people at a time and it's been significantly lower, but it's been very chilly out here this week and we're expecting things to pick up once it starts getting a little warmer. it doesn't mean there hasn't been any activity though. we had yesterday another crash involving a human smuggler. take a look at video we shot in far fed ex, 30 minutes away from where we are right now. law enforcement telling a human smuggler loaded up with five immigrants, crashed on the expressway and rolled over. however, we saw them leading away migrants there. the smuggler was arrested and this is dangerous. it happens at the border. a local mom and her daughter were killed when they were crashed into by a human smuggler fleeing from police. there's also activity elsewhere, it's not just here in rgv. take a look out of the el centro sector. what you're looking at here, arresting 26 illegal immigrants they found hitching a ride on a train in an effort to get further into the country and some of those migrants appeared to be young children and we've seen that in texas, as well. they'll try to get on the trains to get deeper into the u.s. look at the video here, for the first time in a decade. ice failed to produce its yearly report when it comes to deportations and ice enforcement. typically that's released before the end of the calendar year and here we are one week into january and we still do not have the report for fiscal year 2021. i taked to ice about it, they claim there's no delay, it's in final review, but the former ice director holman says there's no reason for the report is not out and unprecedented that it's not out. when he was director he had the report out in november he thinks it's slow walked because he thinks it will show deportations and-- >> if there's problems, and joe biden and secretary mayorkas should be having a press conference and bragging what ice has done the past year, they won't do that because the truth is going to be that they have crippled ice, there is no enforcement for immigration and they're proud of it, part of the agenda. >> and griff, back out here live. what i'm hearing from border patrol sources in the rgv. they're seeing few family units crossing right now. we've seen hardly any family units. it's all runners right now. why that is, we don't know. and lot a got-aways since october 1st and dhs telling us more than 13,000 got-aways. griff: unbelievable, could be the weather, could be the holidays and bill melugin. thank you. and bill mentioned tom holman. we have crisis on the border and we have that with tom holman and attorney general mark bernvich. they'll join us live. we have a lot to talk about, stick around. jacqui: mid america's spike in violent crime. a controversial manhattan attorney is speaking out after a controversial memo for no prison time for a long list of serious crimes next. try boosn 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. ♪ ♪ 80% get genetically meaningful health info boost® high protein also has key nutrients from their 23andme dna reports. ♪ ♪ 80%. that's 8 out of 10 people who could get something enlightening. something empowering. something that could change everything. info that could give you greater control of your own health. and it's right there, in your dna. ♪ ♪ 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al sharpton national action network's house of justice in new york. and outlining a plan that he believes will make the criminal justice system more fair. and he sent a memo to the staff outlining, no longer prosecuting some charges. subway and bus fare, beating and sex work. and from home storage areas and drug dealing. this him talking about those decisions moments ago. >> gun crime is on the rise, domestic violence is on the rise. sexual assault. that's what's going on with the status quo so we need to change to address that and the way to do that partnered with traditional public safety methods, is to invest in our communities. >> but it's no secret that not a lot of people are on board with this and that includes n.y.p.d.'s new commissioner. and she sent an e-mail on friday, expressing major concerns over safety with the changes and back live at harlem where it wrapped up where the d.a. had a chance to ut community members. we tried to talk to him afterward one-on-one and he had to leave for possibly another event and he said he's had productive discussions with n.y.p.d.'s commissioner and hopes to clear up misunderstandings with her and others in the community. as more people seem to come out against him, he's had so much controversy and says there's a big misunderstanding. i'm sure we'll get more comments throughout the day. >> all right, alexis mcadams, thank you, jacqui. jacqui: for more on the pushback on soft crime policies in major cities. there's the news to me podcast host and a radio talk show host, appreciate your time. >> thank you. jacqui: ken, i'll start with you, i know that your view here victimless crimes like not paying public fares, some marijuana crimes should not clog up the court system. but doesn't this policy from the manhattan d.a. give the criminals the wrong idea they can get away with things and what message does it send to police that these crimes are not prosecuted? >> i think it's a laudable goal and a good beginning, but i think he went too far. to be honest with you. when you put police in vulnerable positions and talk about violent crimes, and felly convictions and even the crowds stealing commercial theft. i think he went a little too far and i think he's going to draw back. i think he didn't expect the criticism that he got. i think his goal is good. we have clogged courts, we need to forget about victimless crimes. but you're right, a little too far, a little too fast. i think his goals are laudable, but i think overreach. jacqui: do you think that the biden administration should get involved and views known. i asked about it in the briefing room. the administration wants to be seen as pro police and allocating resources to the doj and cracking down on retail theft, but could this from the manhattan d.a. possibly undermine the efforts to crack down on those organized crimes? >> the biden administration is part and parcel of the problem because the progressive party in america doesn't believe in policing. when they told us defund the police, they didn't get it wrong, they told us what they were thinking. their problem is they said the quiet part out loud. this is a tweet regarding a fox news story, a fox reporter asking the question to the manhattan d.a., will the policies give the criminal a green light? the response was, no, i mean, i guess it depends on your definition of a criminal? well, this is the problem. they don't believe that criminals are criminals. what they've told the citizenry, whether it's in new york or san francisco or los angeles, hey, you're on your own. you figure out how to deal with it. keep your trunks open in your cars, the criminals are coming and we don't feel like prosecuting because somehow we think that's injustice. the biden administration is guilty in creating and allowing these things to take place because their party has been wanting this for years. >> ken, do you think that the biden administration is held hostage at all by the progressive left on this issue? >> i do not. i agree that the process i have policy, has been as extreme and most democrats do not em place this. no rationdemocrat believes that. jobe is not a progressive. and nancy pelosi on the left side of moderation, also doesn't support the progressives and has held them at bay. so i think so far they've been successful at not following the progressive agenda. if they could succeed in doing that, that would be good. i don't know they'll be holding them at bay for long, but they have. jacqui: what we are seeing with the chicago public school systems. ken to you and then antonio your response. it's interesting that the biden administration called out the chicago school system and pushing to keep questions in schools coming from a pro union administration. what does the fact that this happening say? ken? >> first of all, it's a smart policy for them to have. let' be honest, teachers unions aren't going to start voting republican in two years. so if they're not having a got of damage going against the unions. the new policy is we have to have a balance between life and we knew it and protecting ourselves and the balance is children need to be in school. most rational democrats think that children do better in schools. chicago spend over $100 million with enhanced protection for teachers. teachers are not going to come out on the good end of this. i think that the biden handle of it is right. jacqui: isn't it incredible that republicans and democrats agree on this issue, that students should stay in school? progressives are not in line in america and ken, you bring up ideas of extreme. the d.a. in new york is too extreme. and chicago unions is too extreme. and that's the understanding for the party, that's the fundamental party. they haven't interested in teachers, aren't interested in the kid for sure and we shouldn't worry about when unions support republicans or democrats, we should be focused in the country on breaking the unions in half and getting into education that provides value. jacqui: we've run out of time. i appreciate the discussion and hope to have you back soon. ken and tony, good to have you. >> thank you, have a great day. jacqui: tomorrow, bret baier has an exclusive interview with rochelle walensky on fox news sunday. check your local listings for time and channel. and howard kurtz will talk with brian kilmeade. some at 11 a.m. eastern. griff: coming up, we'll talk to a russian dissident twice poisoned talking over russia and increasing tensions next. >> vo: so when my windshield broke... i found the experts at safelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ every business is on a journey. and along the ride, you'll find many challenges. ♪ your dell technologies advisor can help you find the right tech solutions. so you can stop at nothing for your customers. psoriatic arthritis, made my joints stiff,... ...swollen, painful. emerge tremfyant®. tremfya® is approved to help reduce joint symptoms in adults with active psoriatic arthritis. some patients even felt less fatigued. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge tremfyant® with tremfya®... ask you doctor about tremfya® today. >> as u.s. and russian diplomates prepare for the highly anticipated talks in geneva, starting on monday, n.a.t.o. is promising to remain united against russian aggression. but our next guest says, in an op-ed, a stronger rebuke is needed. he writes, the famed russian dissident once noted too many western politicians put their desire to fry bacon on soviet gas, and hope there are free leaders to put principle over bacon. joining me the author of that op-ed, an outspoken critic of vladimir putin and why he was poisoned not once, but twice in the last decade. thank you for taking time. these meetings, very, very high stakes and we couldn't ask for a better guest to sort of frame for us what should be the u.s.'s position? what should be the message that they take to geneva? >> hello, griff, good to be on your program. last month marked 22 years since vladimir putin has been in power in our country. you in america have had five different presidents and we have had one in the same dictator in kremlin and russian people who were born, went to kindergarten, school and college and adult professionals, and one man in power. two most important things that we do know about his regime, one is that the internal reconstruction-- repression, and all the wars that putin regime has waged over the decks kadz, ukraine, georgia and now sending russian troops to quash protests in kazakhstan. i think it's important to not forget the first war that putin waged is on russian society and citizens. dismantling the fledging checks and balances and media that our country once again and elections. the second thing to the putin regime to the heart of your question, any weakness on the part of western democracies is an invitation for them to be more aggression. i'm not just a policy, but a historian by education and we know very well the 20th century has shown that beyond any doubt that appeasement of dictators never works. when the democracies of this world show weakness, for example, every american president who has been in power during putin's time of both political parties have shown, with regard to putin, that's not an invitation for reciprocal for putin, it's invitation to be more aggressive and grab more. griff: we can show pictures of you with jailed dissident navalny. you've been a part of standing up to putin, your strength in the face of his aggression clearly demonstrated. you've got skin in the game as they say, but as the biden administration heads to these meetings overseas, is there one specific takeaway that you hope? is it sanctions? is it some sort of statement, a red line? >> two very specific things and again sort of draws back on the point that the external aggression that putin engages in ought krattic and dictatal regime. and two different things when it comes to the united states. there's a law on the books in the ideas, an act that's been on the books for almost a decade now. it's a law that's intended to put up some sort of personal accountability and responsibility for human rights abuses and corruption that have defined the putin regime by limiting access to putin and oligarchs to the u.s. real estate, financial system as a u.s. territories, for the crept cleptocrats and the oligarchs, and russia as a country, that's important, but specific individuals around putin who made a habit in stealing russia and the west. and the current administration so far failed to make a signal designation under the act and this needs to change and secondly very importantly-- >> we've got to leave it there vladimir, i'm sorry, we have run out of time. hopefully we'll see those just in the 15 seconds we've got less. give us a sense how significant the development, the kazakhstan protests, the president there saying shoot to kill, to up or down? we see putin's regime seeing a sort of rescue service dictators across the world and the kremlin fears protests in russia, mr. putin has been in power for more than a generation and the fatigue of the russian residents and nothing is forever and vladimir putin's regime is not an exception to that. griff: i'm sorry, we've run out of time and we'll have you back soon to talk after the talks. >> thank you so much. griff: all right. we've got a lot more coming up. and more news continues, another hour of fox news live. y and his trusty crew... were delayed when the new kid totaled his truck. timber... fortunately, they were covered by progressive, so it was a happy ending... for almost everyone. >> a connecticut high school hockey player has died after a tragic on-ice collision during a thursday night hockey game. charles watson is live with the details of this shocking and horrible accident, charles. >> just a tragic situation, jacqui. the community of new canton mourning the loss of a 10th grader police say was killed playing in a junior varsity hockey game. teddy was a student at st. luke's a private school. he was competing brunswick school in greenwich. he fell on the ice and a nearby player who couldn't stop in time, ran into his neck with the blade of their skate. we're told that the game was stopped almost immediately to get the young man medical attention before he was transported to an area hospital wes-- he was later pronounced dead. and the classmates unable to speak about an unusual accident in the sport of hockey. >> it's bad. i feel like the outreach, i don't know-- lacerations like that do happen, but, it is very rare, more rare is when it's anything severe. >> now, communities in new canon and hockey, some nhl stars,showing the sticks outside of their homes with the #sticks out. and they're heart broken for everyone who knew teddy and saying a horrible tragedy playing the game we all love and the nhl mourns his death and a member of the hockey family. a tragic situation. jacqui: terrible story. charles watson that story for us and that young man's family. d 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. okay everyone, our mission is to provide complete balanced nutrition for strength and energy. woo hoo! ensure, complete balanced nutrition with 27 vitamins and minerals. and ensure complete with 30 grams of protein. ♪ ♪ >> we are waiting a decision from the supreme court on president biden's vaccine mandates for private businesses, some are set to go into effect next week and the decision could come at any time. welcome to fox news live i'm jacqui heinrich. griff: i'm griff jenkins, we are awaiting the decision, great to be with you, jacqui, all this comes at sotomayor is being slammed by false information over oral arguments. live with the latest on the legal battle. >> the fact that her statements were included without correction concerned a lot of people. at one point sotomayor said the omicron variant is just as deadly as the delta strain was and not proven to be the case, she also added this. >> we have over a hundred thousand children which we've never had before in serious condition and many on ventilators. >> that is not the case, the number is actually over 3,000 kids hospitalize bud the cdc said of those cases unclear how many children were for other reason and simply tested positive upon arrival. regardless justice sotomayor along with breyer and kagen imply they support vaccine mandate for employees at larger private companies, conservative justices seemed more skeptical about amplifying the power of the executive branch by siding with the biden administration requirement. chief justice roberts noting that this is something the federal government has never done before. justice alito offered this. >> most osha regulations, all of with which i'm familiar affect employees when they are on the job but not when they are not on the job and this affects employees all of the time. you're vaccinated when you're on the job and vaccinated when you're not on the job. >> separate case regarding mandate for healthcare workers, there the 6 conservatives seemed more receptive. since the biden administration seeks to implement the requirements early next week, the cases have been fast tracked. the decision could come down in a matter of days or hours. griff: that's why we have you closely following the high court, alex, thank you. jacqui. jacqui: by more on this carrie siberino, appreciate your time. >> great to be here. jacqui: what do you see the supreme court leaning? >> it seems pretty clear to me the court was very concerned in the about whether vaccines are good or this might be a policy -- some people want to implement in certain types of work areas where you have people in close contact but really who decides. is this something that osha can decide, is this under having workplace regulation, not just any workplace regulation but emergency regulation where they skip all processes to do this because they said it is immediate they have to do it or is this something that really congress should be deciding because it's a really national policy or is it something which is traditional that the states would decide or that we would leave to individual businesses because they know their workforce and they know the particular environment of their -- their factories or their workplaces best because some of the workplaces might not even have people in close contact. the second case it's a little harder to tell. it's a closer case because it's a tighter nexis with the epidemic and healthcare workers but there's also concerns there that the government might have gone farther than it has the authority to do and this should be a question dealt with by state authority who is traditionally would be the ones regulating how healthcare entities are functioning. jacqui: do you think in some ways the biden administration expects to be shot down by the supreme court and would they have gotten what they wanted in large part if that happened by laying out the road map for a broad system of vaccine or tests mandates and some businesses that wouldn't have otherwise implemented already did? >> you know, i think that's unfortunately pretty accurate to how the biden administration has worked up until now. we saw with their eviction moratorium. remember when president biden said, hey, i know basically the supreme court will throw it out and we will do it so we can get a few more weeks out of this thing. that's disrespectful approach to the court and concerning. we saw that biden announced it and waited several months to implement allegedly emergency mandate but in the meantime all of the businesses who weren't legally required to do anything were implemented and if the supreme court strikes it down it may have forced business or establishments to do their things. we want to make sure the government isn't allow today expand authority by alleging it has authority when they know that night be a tenuous legal argument. jacqui: on justice sotomayor were you surprised at all to her hear referencing false information and do those beliefs of her, would they undermine confidence in this ruling if it's upheld? >> yeah that was unfortunate to hear those things. the judges are not medical experts and we shouldn't expect to be them, it is a concern, though, because you saw arguments coming from sotomayor and some of the other liberal justices that seem to boil down to, well, this is such an important emergency that we need to kind of fudge the law on this point or we need to kind of use some discretionary power to go around what the normal limits would be and that's a concern because it's when there are important issues like this and of such national importance that we need to make sure we are doing this according to book and so that misinformation like justice sotomayor, she thinks there's 101,000 kids in hospitals in ventilators, that's not even true until the entire pandemic to date. her understanding maybe formed by some of the media, et cetera, that doesn't have the numbers correct is leading her to a wrong conclusions. those policy conclusions should not be made by unelected judges and they shouldn't be made by unelected bureaucrats either because this is a big enough issue that this has to be dealt with by congress or by our state legislators who can analyze hopefully the accurate facts, right, and then make conclusions based on what the people they represent, how they think this should be dealt with on a national and state basis. jacqui: you think that would weigh pretty heavily on decisions around healthcare workers. how does that feel different than, you know, other employments -- other types of employment that we are dealing with here? >> yeah, so i think this is why that's going to be a closer question for the court. the osha mandate covers 100 more employees. you can have people remotely and require to vaccinate. that doesn't make as much sense. in a healthcare setting you can see how you're coming into contact with individuals or nursing home setting where they are higher risk, that said, it goes down to not whether this is great policy but also who decides and then making sure that the flexibility is allowed for businesses, you know, they pointed out, some of the smaller hospitals in rural areas, if you lose 3% of the workforce because they do not want to get vaccinated or maybe they have medical or religious concerns about being vaccinated, that could be a huge blow. maybe not to a big hospital system but to the small areas, you could have a provers affect of having less medical care available when we have a nursing shortage in the country. so the plaintiffs in that case are arguing, let's make this a more flexible so that states can deal with it according to specific needs the individual healthcare entities who all want all of the people to be safe and not to get covid, of course, but they can assess their individual needs so they can provide the best healthcare possible. i shouldn't be one size fits all national solution especially when there sunt statutory necessarily for that. it needs to be something that congress is going to decide it, they have to be the ones and in the an elected bureaucrat. >> we are waiting to hear the view of the supreme court on the issue, lawsuit of people are interested in it and will be impacted by it, we will be watching, carrie severino appreciate your time. griff: this as the data set for the state of the union and a disappointing december job's report is released lucas tomlinson is live from the north lawn, hi, lucas. lucas: the president in las vegas attending harry reid's funeral and things will get better despite record setting in the nation nearly two years into the pandemic. >> no, i don't think covid is here to stay. having covid in the environment here and in the world is probably here to stay but covid as we are dealing with now is not here to stay, the new normal doesn't have to be we have so many more tools that we are developing and continue to develop that could con tape conn covid. lucas: of course, that's not we heard on the 2020 election. >> ly shut down the virus and not the economy. ly not shut the country but i will shut down the virus. lucas: earlier this tweet the u.s. recorded 1 million new covid cases in a single days shattering the previous record and comes amid the shortage, working toward the president's goal for curing half a billion. when a majority of american adults are vaccinated, quote, i feel fairly certain you're not going to see the kind of surges we have seen in the past. on the economic front, the u.s. added 199,000 jobs in december falling well short of expectations according to labor department. despite the job's report the good news for the white house unemployment fell to 3.9%. president biden's accepted nancy pelosi invitation to give the state of the union address on march first, the latest state of the union address, normally held in january or february. griff. griff: lucas tomlinson live from the white house, thank you very much. >> we know how to keep our kids safe in school and the president couldn't be clearer. schools in this country should remain open. >> puts our students and families at risk of contracting the coronavirus. griff: well, the chicago teachers union is going head to head with the white house. you just saw there on whether to bring children back to school amid a rise in coronavirus cases. joining us now to react is chicago father of 6 and chicago parent's collective member willy preston and charm foundation tennessee mother of four jacqueline. willy, i want to start with you, the white house is saying open the schools, the mayor of chicago, liberal democrat mayor lori lightfoot says open the school but the chicago teachers union says, nope, not going to do it. why are they doing this? >> thanks for having me. it's abundantly clear. the chicago teachers union is on an island all by themselves because they want to throw their weight around and they want to run city government. they want to dictate all policies in the city of chicago even further behind education and they say they know that they have the numbers to -- to cripple our education system just by simply saying i'm not going to go to work. that puts a lot of pressure on the mayor and us as working families and our children. griff: what is that doing to your six kids, how is it impacting them? >> extremely negatively. it's terrible. you know, our children -- we are waking them up early in the morning, my wife and i, we run a small business, we keep them up and give them writing assignment. our kids are sick of it. system of their friends are just going to drop out. griff: unbelievable. jacqueline, you're in tennessee, four kids ranging from age 4 to 21. what is the situation where you are? >> you know, i'm very confident in our school systems, they have taken safety measures and i'm grateful that our schools have so far have stayed open. my kids are very active. i have a toddler and teenager and i don't mask my toddler, i want my toddler to go out play, be around other kid, you know, my teenager she is masked and she does take safety precautions because she's more exposed but i feel for willy and the last thing that i want to see happen is our schools shut down. i think it varies for each family and the situation for their children, being high risk but i think our kids need to stay in school. this is where they thrive and this is where they are social development and as a parent it would break my heart to see my children being home and not with classmates and not with their teachers and not running around being kids. we have to take common sense measures but, you know, we still have to live our lives and we have to be smart about it because covid is here, you know, we've had the flu. we had the basic cold. we have to teach our kids the basic common safety measures. griff: willy, i see you nodding your head yes, what do you think. jacqueline is raising a very important point here. she's talking about the mental impact we saw last year that we could be heading into now. what has been the mental impact on your kids? >> instability is what is hurting our children. our kids had a routine going, they were going to school and engaged in extra activities and my 5-year-old asked me earlier and i had to look in her face and say i don't know. griff: i have about ten seconds, jacqueline, are you worried where we are headed in terms of the mental impact on these kids? >> i'm worried if we shut our schools down and i hope we keep our schools open and i hope we outweigh the risk and benefits and know that our kids thrive in school. kids are not dying from covid. we need to keep them in schools. griff: jacqueline, willy preston, very important. parents panel and hopefully with schools opening and kids safe, willy, jacqueline, thank you. >> thank you. >> thank you. jacqui: president biden and president obama to honor harry reid, nevada's longest serving member in congress died at age 82. william where the service is about to take place, hey, william. will: the service will open today with a book from the bible saying, quote, i fought a good fight, i finished the race, how you remember harry reid depends on your politics and who he was, blunt hard-nose advocate for the democratic party. >> he was tough as nails, fighter to his core but one of the most compassionate individuals you could imagine. to lose harry reid is like losing track of the north star. >> 34 years in washington and reid had a reputation more than a doer and talker and when he did he often made headlines, without evidence reid unclaimed that republican nominee mitt romney never paid taxes but reid said was one of the best words he had ever done. >> let him prove that he has paid taxes because he hasn't. >> no regrets about mitt romney or the koch brothers. >> they can call it whatever they want. >> jacqui he called president bush a liar and -- oppose bush a loser and trump a racist. he pushed through obamacare, he also used the "nuclear option" to stop a republican filibuster against democratic appointments. >> the government in which one party has control of all of the decisions is bad for america and bad for our people. will: personified the american dream. he grew up in dirt shack in nevada and finally made it to the marvel floors in congress. from here the ceremony actually begins in about -- about 45 minutes. following that, of course, we will hear from president obama, we will give the eulogy and president biden will speak as well as speaker pelosi and senate president chuck schumer. following this remains will be flown to washington for a ceremony on wednesday inside the u.s. capitol rotunda. jacqui: william at the memorial in las vegas, griff. griff: jacqui, the world's number 1 tennis star in limbo over covid-19 nation status. djokovic are working to get him flown to the airport and into the court to the australia open. that's next. ♪ ♪r ♪ woman: i have moderate to severe plaque psoriasis. now, there's skyrizi. ♪ things are getting clearer ♪ ♪ yeah i feel free ♪ ♪ to bare my skin, yeah that's all me. ♪ ♪ nothing and me go hand in hand ♪ ♪ nothing on my skin that's my new plan. ♪ ♪ nothing is everything. ♪ woman: keep your skin clearer with skyrizi. most who achieved 90% clearer skin at 4 months had lasting clearance through 1 year. in another study, most people had 90% clearer skin at 3 years. and skyrizi is 4 doses a year, after 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unlimited possibilities. jacqui: still stuck in a quarantine facility in australia after court documents showed he was vaccine exemption to enter the country and compete in usa australian open. kitty logan live. >> hi, jacqui, we know the reason for that medical exemption. his team say that is novac djokovic had positive test in december last year and beings held at immigration detention center in melbourne while lawyers argue he did have a valid visa and all the necessary documents and the recent covid case should allow him to enter the country, vaccination and quarantine free to play at the australian open. but visa was canceled by the government on arrival they say because he did not meet the standard requirement to be fully vaccinated to enter australia, tennis officials, government officials all at odds over the interpretation of the rules here and to add confusion pictures on social media appear to djokovic of public events after the date he team claimed he tested positive. the conditions there are not good enough for top tennis start but australia talked some of the strictest lockdowns anywhere in the world and that leads many people there unsympathetic to the case. others say the fate has become politicized as an election looms in australia. back in his home country serbia, family and fans very angry. demonstrating for his release. blaming the australian government and even the serbian prime minister to complain about his case. djokovic as we rank is number 1 in the world. he's a defending champion at the australia open. the tournament starts january 17th so this delay means he's losing critical preparation time, his team want to move to have special guide as they desperately try to untangle the bureaucratic mess. they'll be a court hearing, that's a legal court, not a tennis court in australia on monday which can determine whether djokovic can enter into the country and they are confident that absolutely nothing is certain, jacqui. jacqui: kitty willingan live fos in london. griff: cristina coalman. >> christina: have received request obtaining assistance in obtaining alec baldwin's phone. last month baldwin's attorneys said they proactively requested that authorities get a warrant to get a hold of his family to protect family and personal information that's unrelated to this investigation. a search warrant was issued for the device on december 16th nearly 2 months after the deadly october 21st shooting on the set of rust and baldwin still hasn't turned over his phone. legal expert questions why authorities didn't issue a warrant for baldwin's phone immediately. >> now we are weeks later and they don't have the phone. are you kidding me? last time i checked when ever you issue a search warrant, you take a warrant and you go over to somebody's house, you don't call the lawyer, we want to try to arrange the -- serving the search warrant. that's not how it works in the real world. christina: even though baldwin was holding the gun when it went off killing hutchins he says he's not responsible for the tragic incident. in tell-all interview he said he was told the prop gun was cold meaning that it did not contain any live rounds. >> do you feel guilt? >> no. no. i feel that there is -- i feel that -- that someone is responsible for what happened and i can't say who that is but i know it's not me. i mean, honest to god, if i felt that i was responsible i might have killed myself if i thought i was responsible. i don't say that lightly. christina: baldwin also says he wants investigators to figure out who brought the live rounds to set, so far no one has been charged in the shooting and the da says it can be months before this investigation is over. griff. griff: interesting, christina coleman all of it for us in los angeles. christina, thank you. jacqui: 2022 is here with no let up with the migrant crisis at the border. we speak to former ice director and attorney general as to what should be done next. is♪ ♪ ♪ griff: senate minority whip john thune will run for reelection this year. quote, i've always promised that i would do the work even when it was hard, uncomfortable or unpopular and the work continues and with the support of my family i'm asking south dakotans for the opportunity to keep serving them in the u.s. senate. ♪ ♪ ♪ griff: live images from our southern border, still no sign of the biden administration's report on the arrest and deportations made by the immigration and customs enforcement in fiscal year 2021. now as that drone flies over panetas, texas, ground zero for president biden's border crisis, our own bill with the latest, a little slow for you right now but as the weather warms, could pick up. bill: griff, absolutely. despite the fact that it's been a slower week in the rgv that doesn't takeaway from the fact that dhs source since october 1st out here in the rgv there have been well over 140,000 migrant apprehensions, we are expecting the activity to pick up once again once the temperatures start cranking up. take a look at the video. we will show you the activity out here. in mission yesterday basically you know how it is, you can drive out any road and likely find border patrol arrests groups of migrants, that's what we saw here and the omicron variant hitting border patrolman power, dhs source telling in the rgv sector border patrol has 100 employees quarantined with 188 confirmed cases of covid-19 meanwhile take a look at the photos of el centro sector in california, not just in rgv but all over the border. 26 illegal immigrants being arrested while they were hitching a train, hitching a ride on a train in the el centro sector and many young children. we will see immigrants do this. they will hop in trains in an effort to get deeper into the country. take a look at the mug shots. the criminal element showing up at the border. two mexican nationals arrested by border patrol in yuma, arizona sector, they are both sex offenders, previously convicted of serious crimes against minors. the question is how many are not caught, the got-aways, how many end up getting through, that's a point that former ice director tom homan has hit during border crisis. president biden the first president to purposely unsecured the border upon taking office. take a listen. >> we have the first president in the history of this nation with joe biden, the first president that came into office and unsecured the border. he took the most secured border we ever had and purposely unsecured it. no president has ever done that. they all want a secured border. we have a president and a secretary and unsecured the border and made our homeland less secure. bill: and griff, just to hammer home, homan's point, you know how many got aways take place in rgv sector. just since october 1st in rgv well over 13,000 got aways on top of that when we talk about sex offenders. just since october 1st, just here in the rgv, more than 60 sex offenders arrested here already. the question always as is how many end up slipping through the cracks that border patrol isn't able to catch. griff: they can't and continue to be overwhelmed. bill, great report in la hoya and great support support because we will turn to tom homan former ice director under president biden, but tom, let's begin with you, this year end ice deportation report, the department telling fox it's, you know, not being held up. it's coming but what do you make of it? >> well, first, shout-out to bill. we will get him an emmy. i was third in command ice in the unit and saw the production of the report every year. i became the ice director that approved the report. i can tell you without a doubt that they had those numbers mid-october and we would release within a month, however, these numbers are so bad, i promise you, the department of homeland security and the white house are trying to figure out how they want to spin the numbers, how they are going to support biden's open border strategy when they see the numbers have been devastated. compared to last year under the trump administration, removals are going to be down almost 90%. the removals of criminal aliens at least 65%. despite the fact that joe biden and the secretary said we are going to reprioritize ice priorities to concentrate on more criminals. these numbers won't show removing last criminals. the report, they had the numbers for a while, they are just trying to figure out how they are going the spin it. here is my guess, they are going the report it different than report it in the last decade because they don't want to compare this report to other reports because it's going to be embarrassing. griff: mr. attorney general as you heard from tom and report, he says the administration is unsecuring the border purposely, you have a crisis right now in yuma, arizona particularly, you saw the two sex offenders just apprehended this week, what are you doing in arizona to address that and do you believe the administration is doing this on purpose? >> griff, i think that the best evidence of some of intention is what they actually do and i think unequivocally as a prosecutor, you look at what the biden administration has done, they are systemically dismantling our border. at one point i thought they wanted to -- get rid of ice but it's clear they just want to get rid of the whole southern border because they have allowed the cartels to seize operation and control. i sit here and think to myself. the story just before this was about novac djokovic, the greatest player in the world can't get into australia and the biden administration allowed 2 million people to illegally are entering the country. we are paying with the safety of our communities and with our precious lives. griff: tom, i want to bring you back to, you know, mr. attorney general, saying that the unprecedented number coming across in the rgv sector alone, the number of source, more than 13,156 known got aways, what does this mean for our not just southern border but for the nation in terms of security? >> well, i'm glad that you brought the question up because this isn't about illegal immigration. i don't care what your opinion is about illegal immigration. border patrol arrested over 12,000 criminals, half a million, almost 500,000 got aways based on camera traffic, based on central traffic and drone traffic that border patrol can't respond to. how many of those 500,000 are criminals? we don't know. some day we will find out. this is illegal immigration problem, public safety and national security crisis. griff: tom, they know how many hit tsb, database, they won't tell us, they won't because of f national security reasons. i asked that question a lot o. tom homan, attorney general, thank you, sir. jacqui: nasa's out of the new world telescope passed major hurdle as never before seen images of distant space. details coming up next. ♪ ♪ ♪ p griff: the most powerful telescope ever sent into face finishing deployment process just hours ago after its launch christmas morning. the james webb telescope began complex process and unfolding of several components including 21-foot wide golden mirror you see here. it collects light from the objects, it observe it is gigantic size of the mayor and largely what makes the web 100 times more powerful than the hubble and will allow humanity to glimpse into the early cosmos. nasa had to install 5 layer sun shield to protect the telescope but to fit all of this equipment on a rocket scientists had to fold it into segments that was deployed once launched into space and the last section unfolded this morning. the telescope is on track to reach final destination 1 million miles away. ♪ ♪ ♪ jacqui: third year of the coronavirus pandemic, nurses and healthcare workers are facing severe exhaustion and burnout. we are joined by the president of the american association of us inner practitioners medical center april. april thank you so much for your time, appreciate it. >> thank you, thank you for having me today. jacqui: so were nurses taken it back with latest wave of am omicron. huge infection numbers, generally less severe outcomes but two-thirds of critical care nurses have considered quitting. >> yes, you are absolutely right. and as a nurse practitioners myself i can speak and say from the very beginning of the pandemic we have been there in testing sights and we have in the ed and icu's and we have been seeing patients on the phone and telehealth and this has been going on for two years continuously and shortage and burnout was actually present before we went into the pandemic. now having to work extra and overtime and pick up additional shifts and if you're taking care of covid positive patients, you're doing all of this in ppe and not being able to take breaks. i mean, it is very challenging and so now we are heading into the third year and in many cases the fifth wave and seeing continued hospitalizations so patients are coming in for supplemental oxygen, they are needed to be admitted for inpatient treatment and we are seeing hospitalizations go up again and this is a missed staffing shortage that we already. we have nurses leaving, more and more experiencing burnout and so it is -- it's very challenging. jacqui: you bring up treatment and reminds me on what i was reading earlier this week, push for therapeutics and the biden administration is getting hands on 40 million pfizer pills but doctors are saying it's not going to have the impact that they want, that they are hoping for because there just won't be enough and also there's the challenge of having to get them to people so early in the infection. what can you tell us about that and therapeutics? >> well, right now with omicron, that's the large majority of the infections today. we've seen over 200% increase in covid new cases over the-2 weeks, just monday alone we had over a million new cases and it's largely omicron and we talked a little bit about the hospitalizations but we are also seeing breakthrough infections for those who have some immunity, either they've been vaccinated, they've had covid before and so how do we treat that and just about everybody you know either has omicron or they have friends or family that have it. that's how fast it has transmitted, so now we have to get in there and treat it as quickly as possible and we need the testing and we need the treatments to be readily available so we can treat it. jacqui: there are a lot of us inners in my family and some of them said the cdc guidance on testing was confusing and they have been frustrated that the fda has been circumventing panel and what kind of impact do you see on people's behavior when they just don't know where they can get answers that they can trust? >> well, and that's what we do. that's what we do as nurse practitioners, we answer questions and people have questions across the gamut and so what we know is the cdc, their job is to assess all of the data and make recommendations. and so if patients are confused, if something like if you're symptomatic and you don't clearly understand what symptomatic means, ask your nurse practitioner, it's a runny nose, coughing, congestion, fatigue and if you're having those, certainly you shouldn't come out of quarantine but answering the questions that are so important. talk to your healthcare provider. jacqui: good advice, thank you so much april for making time. appreciate it. >> thank you, have a great day. jacqui: you too. griff. griff: remembering hollywood icon and civil rights legend. we will look back at the remarkable life and career of sidney next. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ a must in your medicine cabinet! less sick days! cold coming on? zicam is the #1 cold shortening brand! highly recommend it! zifans love zicam's unique zinc formula. it shortens colds! zicam. zinc that cold! it■s hard eating healthy. unless you happen to be a dog. 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. >> that's a funny name from someone that comes from philadelphia. what do they call you up there? >> they call me mr. tibbs. griff: that's sidney poitier. a part poitier would play in two successful sequels. hollywood and the world is remembering the acting legend who passed away thursday at the age of 94. poitier broke barriers being the first black actor to be nominated for lead oscar for 1958 the defiant ones. the first african-american to win a lead actor oscar for lili's of the field and the first block actor to be the number 1 box office draw in 1967 with 3 memorable roles in guess who is coming to dinner, to serve with love and in the heat of the night. president obama awarding poitier the medal of freedom in 2009 and highlighting his key role in the civil rights movement of the 1950's and 60's, presidents, human rights leaders such as op oprah winfrey and friend remembering on twitter. someone who was not only so successful in the role that is we remember but also breaking barriers as civil rights leader where he intended to be one or not certainly succeeded in that role. jacqui: certainly, pioneering character in american history in so many ways. you heard statements out of the white house even recognizing his life and legacy and impact on american culture and as i've been reading about him i'm realizing how many films i have not seen myself and i'm eager to watch back and appreciate all that he gave to society, griff. griff: such a great presence on screen and successful director as well. we could talk all day about it jacqui, but that's all for us this hour, fox news live continues with eric and arthel. i'm griff jenkins. jacqui: and i'm jacqui heinrich. arthel: we're waiting for the supreme court's decision on priding's vaccine mandates. oral arguments were heard just yesterday. at saw stake, whether the government can begin enforcing vaccine and testing rules for businesses with 1 is 00 or more employees -- 100 or more. also whether the vaccine mandate applies to health care workers at facilities receiving medicaid and medicare funding. hello, everyone, and welcome to "fox news live." i'm arthel neville. eric: hi, everyone, i'm eric shawn. we have two other big stories we're f