>> hello, i am arthel neville. we await a pivotal supreme court decision on president biden's covid vaccine mandate. it's whether the federal government can force millions of workers to be vaccinated. justices hearing oral argument on measures involving two separate mandates, one for federally funded of care workers and one for large private businesses. first, lucas tomlinson live with more on president biden's new strategy and missing service. >> some medical experts think the silver lining to the new omicron violent immunity boost, president biden says things will get better despite record number of cases nationwide. >> i don't think covid is here to stay but having covid in the environment here and in the world is here to stay but public as we are dealing with it now is not here to stay, the new normal doesn't have to be, we have so many more tools we are developing continue to develop to contain covid and other strains. >> that's not what we heard in the campaign trail leading up to the 2020 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 u.s. report over 1 million new covid cases in a single bank shattering previous records amid a testing shortage. the white house assigned to contracts with industry to boost test working toward the goal of procuring half a billion. on the economics fund, u.s. added 199,000 jobs in december following short of expectations according to the labor department. the good news, unemployment fell to 3.9%. president biden's nancy pelosi's invitation accepted march first, the latest the speech has been given since 1934. the last president to give the address via letter, jimmy carter. arthel: in front of a very white house there. thank you. eric: las vegas, the president is now speaking. former senate majority leader passed away, let's listen in for a moment, the president of united states. >> if you ask me, campaign election vacated by a man had only just begun to know, i met him in nevada talking about where he's from and he said used to have to shoot mad dogs, what am i doing here? swear to god, i would shoot mad dogs and i'm thinking what's going on? i lost the election by less than 600 votes and he never let me forget thinking i probably cost him the 600 votes. only kidding about that part but probably did. when he asked me to come back and campaign for him when he ran for the house and 1982, he won that time and he won an 86 and we go on to serve and congress together for more than 30 years. we worked together eight years in office and he was never really done seriously asked me to campaign for a nevada democrat. eric: president biden giving a remembers of his fellow senator harry reid. his remarks following former president obama short time ago. senator passed away december 28 after a four year battle with pancreatic cancer, who is 82 years old. you can watch the president will remarks and the rest of the service now streaming live on the website fox news.com. any hour now the supreme court put handgun decisions on president biden's vaccine mandates. high court's conservative majority seems skeptical of the federal government mandate, nearly four hours of oral arguments occurred yesterday. liberal justices decided coronavirus pandemic killed and sickened so many americans, this could be a way to protect all of us. rulings that affect millions across the country. alexandria off has more from washington. >> the supreme court has to vaccine mandate cases, first for employees at larger companies and the second to healthcare workers. for the first pushing back on the use of the word mandate employees have the option to test weekly and wear a mask. breyer and kagan indicated they support the requirements. >> more people are getting sick every day, this is the policy most geared to stopping all of us. >> conservatives like chief justice john roberts questioned how much power a sweeping requirement would give to the executive branch alone. >> i wonder if it's not there to look at the court as a general exercise of power by the federal government and ask why isn't congress having a say in this ny is the primary responsible the other states? >> the five seemed more receptive to a vaccine mandate for healthcare workers. one concerning take away from any from oral arguments or false statements shared, she found in from her office. >> 100,000 children which we've never had before in serious condition and many on ventilators. >> we have not had 100,000 children serious conditions in u.s. hospitals. according to the cdc. >> the number is around 3000 but according to the cdc, is unclear how many children were brought into hospitals or other reasons and simply tested positive for covid upon arrival. the biden administration is implement think the vaccine requirements next week so a decision could come in days, even hours. eric: we are on god for that. thank you. arthel: more on this, we are bringing in tom, former deputy assistant attorney general, should the supreme court be involved in vaccine mandates? >> the supreme court decides cases presented to them and in this case from a perspective upon constitutional law is a blockbuster. as we heard yesterday there were a lot of robust questioning, hard questions for both sides and many justices, particular conservative justices were focusing on whether they specifically authorized the biden administration to implement these mandates. arthel: as we are dealing with the pandemic, it's a matter of public safety so do you think there's a possibility supreme court will or should kick this back to congress and let them decide? >> it's possible and certainly a lot justices were asking that, they set a mandate of this importance to our society is something that should be addressed by congress, it shouldn't be addressed through actions of federal administrator agency in the executive branch so from that perspective, the question is not is the mandate smart or good policy? to implement the mandate of this nature. arthel: who should be in charge, what do you think? >> i think the challengers make a good argument when they say for something of this nature you need to find specific authorization either from congress or if the mandate is from the state level like governors, that was the question the chief justice talked, he said we have congress for a reason, state governors are there for a reason, shouldn't those entities be the ones making the decision that could affect so much of our economy and society? arthel: i'm going to listen to an exchange between the justices of ohio's listener, they are talking about osha laws covering workplace risk. >> if we look at home and public and at work. we adjusted to the after 9/11, see something, say something, ideas like that. at risk when you go to work, it doesn't make it work click place risk. >> why not? the combination of lots of people all going in to one indoor space having to deal with each other for eight, ten hours, however many hours a day, i would think the workplace risk is about the greatest least controllable risk with respect to covid any person has. arthel: what you think about supreme court justice take on this? >> she's a tough question are and that is fair but i would also say justice barrett who responds, she said the mandate is limited to those workplaces, coast workplace where people are crowded together in close quarters, the mandate applies probably to thousands in our nation including landscaping companies and other companies where people aren't working together closely and combined indoor spaces, not a narrowly tailored mandate, it is brought. arthel: quickly, we are talking private companies with 100 or more employees but if you work outdoors, okay, all right, i'm by myself, i don't have to wear a mask but if you look work in close quarters than he would so you have one governing rule that applies when appropriate. >> it is one governing rule and what some would say is given the importance to have fun businesses or workers putting their job because they are not in supply, the question is, could there be a gnarly tailored mandate, it takes into the nature of the job and employer and hardship imposed on the employer? is a complicated question and they are the tough questions the supreme court is wrestling with and will decide in the next few days. arthel: we will wait for their decision, thank you, take care. >> thank you. arthel: eric we want let's go to the seven border, biden administration yet to release final numbers of crossing in 2021. bracing for another potential record setting year this year end it turns out this will be the first time in ten years the report has not come out by the end of the calendar year. this is migrant crossing illegally as expected to surgeon the next coming weeks and temperatures begin to warm up along the rio grande valley. bill melugin is live in texas with more on all of this. hey, bill. reporter: good afternoon, it's been a bit of a slower we care, possibly because of cold temperatures. however, dhs source telling us october 1, while over 140,000 migrant apprehensions and we will show you activity equipment scene, look at this video we shot yesterday, you are driving around here, you will see migrants arrested by border patrol in the omicron. hitting border patrol as well and a source telling me here what patrol currently has more than 200 employees quarantined with 188 confirmed to have covid-19. meanwhile, activity in other sectors, look at these photos in california, 26 illegal immigrants arrested by border patrol after they were found hitching a ride on a train, several of the migrants appear to be young children but we see this in texas, they will get on trains to get deeper into the interior of the u.s. once they've crossed over and look at these mugshots out of the you must sector in arizona, to sex offenders arrested their, both are mexican nationals with previous sex crimes conditions against minors. thankfully, they caught both of them, the question is, how many get through? border patrol can't be everywhere at once. complement the biden administration literally has unsecured the border. listen. >> had the first president in the history of this nation joe biden, the first president that came into office and unsecured the border the most secure border we ever had and purposely unsecured. the president has done that. we have a secretary who came into office and unsecured the border and made our home in less secure. >> concerning statistics to report, dhs source telling us in the rio grande valley sector, there have been more than 13000 known got a waste and more than 60 sex offenders arrested here. back to you. eric: bill melugin, thank you. arthel: new district attorney already at odds with the cities police commissioner, details on how the d.a. is defending some of the progressive policies and how they could affect the nation's largest police force. ♪♪ tributes are pouring in from hollywood and around the world for the loss of legendary actor sidney who died thursday night, he's being remember tests for not only being a trailblazing actor but also civil rights advocate. part of his activism included not accepting roles based on racial stereotypes. his performances in movies like raising in the sun and heat of the night resonating with millions during an era when hollywood rarely try to tell african-americans race. fans are honoring left iconic actor and his groundbreaking career. >> this man was like our first leading man, a movie star when we were only being portrayed criminals and he did it with dignity and grace and artistry. >> i think of him as a gentleman, a role model for other actors of color. he had so much class and style and grace. arthel: he made us proud. mr. poitier, the first to win an oscar for his 1963 role, he was also awarded presidential medal of freedom by president obama's 2009. the legendary sidney was 94 years old. eric: a legend, awesome. manhattan's new district attorney alvin is joining earlier today, reverend al sharpton at the national network in harlem. the d.a. under fire monday calling on prosecutors to downgrade newsom as the last resort for other infractions, he's pushing back on criticism with more on what the day is saying on that. >> he's been fighting back criticisms since he's been in office and has only been in office a few days. manhattan's new d.a. sticking up for himself again same he plans optical guns and criminals. reverend al sharpton network justice this morning's new york, controversial plans that he believes will make the system warfare. last week right send out a memo several pages line advising staff for drug offenses and robberies. he maintained -- >> if you go into a story men had and use a gun to rob the store, that is serious prosecuting armed robbery in manhattan. arthel: bragg still says not soft on crime no matter what the plan is, bragg acknowledges some will have to hello state guidelines, he will be here, nypd's new commercial report of a sending an e-mail expressing concern for their safety, critics and form the senate agree. listen. >> what you have here is a d.a. who is abusing his power right now saying he's going to pick and choose what crimes he wants to enforce. >> reverend al sharpton responding think bragg is going up criminals about this and lives of low level offenders. >> a real prosecutor wants to be on the front side rather than walk people up on the backside. >> al sharpton called bragg yesterday asking him to come down yesterday and give addresses about exactly how the controversy that's been going on, bragg released in a statement this morning saying he's been in productive discussions with the police commissioner and hopes to serve any misunderstanding. eric: police upset one crime is not prosecuted, resisting arrest. alexis, thank you. arthel: alec baldwin cell phone at the center of the investigation into the deadly popgun shooting on the side of the film, rest last october. police agencies into states are now involved. christina coleman is live in los angeles with more. >> it's unclear why baldwin hasn't turned over his cell phone yet, detectives have been trying to get a hold of him for at least three weeks. baldwin has a home new york's authorities in new mexico reached out to authorities in new york to try to get a hold of the cell phone. they released a statement saying the sussex county sheriff's office received a request from the santa fe new mexico authorities requesting assistance in obtaining alec baldwin's phone. this request has been awarded to the suffolk county district attorney's topics to look at differences between mexico and new york. last month his attorney said they proactively got a warrant to protect his family and personal information and is unrelated to the investigation. a search warrant was issued for the device december 16, nearly two months after the deadly october 24 shooting on the set of rust but he still has not turned over his phone. detectives say texts or e-mails pertaining to the film could be helpful to the investigation. legal expert questioned by authorities didn't issue a warrant for his phone immediately. >> now we are weeks later and they don't have the phone? are you kidding me? last time i checked whenever you issue a search warrant, you take the want and go to some of his house, you don't call up the lawyer and say since you have a big-time celebrity, we want to arrange serving a search warrants, that's not how it works in the rural world. >> even though baldwin was holding the gun when it went off killing cinematographer helena hodgman and entering the film director, he's not responsible for the tragic incident. he said he didn't else how live rounds got on the set and in an interview he said he was told the popgun it did not contain live rounds. >> do you feel guilt? >> no, i feel that there is -- someone is responsible for what happened and i can't say who but i know it's not me. honest to god if i felt i was responsible, i might have killed myself if i saw i was responsible. >> at this time no one has been charged in the shooting and the dhs it could be months before the investigation is over. arthel: thank you, christina. eric. eric: some parents in chicago taking legal action now against the teachers union. classes were repeatedly canceled this week, they want their children back in class but how long will it take? coming up, we will speak to one chicago public school teacher about all of this when we come back. ♪♪ parents and high schoolers in connecticut are in mourning after a tragic accident claimed the life of a teenage hockey player on the ice. charles watson has more on this and we want to warn you, you might find details disturbing. >> tragedy it is, the community is there in connecticut morning the loss of a tenth grader who believed was killed in a freak accident while playing in a junior varsity hockey game, teddy, a student at a private school in new canyon. police say he was competing in a game in near by greenwich thursday evening for the tenth grader fell to the ice, while he was down, authorities say they couldn't stop in time, they ran into his neck with the blade of the skate. they had to get the young man medical attention before he is transported to an area hospital where he was pronounced dead. the tenth grader classmate was barely able to speak about what experts described as an unusual accident in sports hockey. >> it's horrible, it's really bad. i don't know -- >> lacerations do happen but it's very rare, more rare anything severe. >> savvy communities in both areas are mourning the loss of the tenth grader. in eight al stars have hockey sticks outside the home, philadelphia flyers kim atkinson tweeting he's heartbroken for the family and everyone and he goes on to say a horrible tragedy during the game, we all loved nhl saying it mourns the loss of teddy falcon, the member of the hockey family lost too soon, teddy was a wonderful young man, always smiling, a terrific teammate, no words are adequate for the grief. we are all feeling it and it's not clear whether he was wearing a neck brace at the time of the incident though there is debate on whether wearing a neck brace would have prevented this from happening in the first place. police investigation is underway. arthel: so tragic in our hearts really go out to the family. can't imagine, the other children -- they have to be so devastated by this. eric: really tough. arthel: thank you. >> why are we here again? we know the safest place for our children is in school. why are we here again when we know our souls are safe? with put over $100 million of resources into our schools over the last two years. over $100 million. eric: city schools, standoff, chicago public school parent suing the chicago teachers union. parents demanding immediate return to in person money after classes repeatedly happen canceled this week during the unions covid standoff with the city. teachers union flames what they say cities fail, 100 billing dollars. >> we been failed by the public health office school staff, the only way to get into control is getting into the building. eric: joe, what do you teach? you want to go back to the class? >> i would really like to be in the classroom because that's my role as a teacher first. i teach math, algebra i also coach chest team after school and so far we've never had covid in my classroom and i'm wondering why i should have my kids at home when i should be teaching so the union i believe is doing in a sweeping way, i don't think we should be doing it this way, it should be done school by school because our school, we never had, i'm not aware of anybody having covid so the union is talking as if they know everything and they say they foresee in two weeks time, i don't think they know everything. besides remote learning has been ineffective, for me ineffective. there are a lot of imitations limitations. for instance, the teacher can do anything in remote learning, fatal have to teach one 100%, they can do something else to me, act not in service to the kids, it's not fair in this . eric: i don't know if you can hear me but parents for remote learning, what they have been going through the last year end a half but joe, what would you say to your colleagues and others concerned only half of the kids 12 and older are vaccinated chicago schools? a quarter of kids younger are vaccinated, the numbers are going up. new cases in the windy city, more positivity right increased because of omicron so what would you say to your colleagues and the teachers union who says we are concerned, we shouldn't be in a room with young children potentially who may be factors of the virus? >> what i'm saying is the school not safe for the kids, as long as we follow safety protocols provided by the department of health, by the cdc, i think we can eliminate this problem. the thing is the union is trying to show numbers. they're trying to show their defiance of authority. there is authority in fact the thing, what message are we sending the children if we, as teachers, in the authority of the classroom encouraging them to respect authority are not respecting authority? there's authority in the mayor, authority in the president of united states, should be doing this in person and there is authority in the department of health so they don't respect this, that is my concern, respect authority. eric: as of this moment, no class monday but will see what happens later in the week, you can get back to the classroom and all the teachers can but do it safely. joe, hoping to go back to see his students, joe, thank you so much. arthel: international covid incident, we are learning more between the australian government. ♪♪ family is just very important. she's my sister and we depend on each other a lot. she's the rock of the family. she's the person who holds everything together. it's a battle, you know. i'm going to be there. keytruda and chemotherapy meant treating my cancer with two different types of medicine. in a clinical trial, keytruda and chemotherapy was proven to help people live longer than chemotherapy alone. keytruda is used to treat more patients with advanced lung cancer than any other immunotherapy. keytruda may be used with certain chemotherapies as your first treatment if you have advanced nonsquamous non-small cell lung cancer and you do not have an abnormal “egfr” or “alk” gene. keytruda helps your immune system fight cancer, but can also cause your immune system to attack healthy parts of your body. this can happen during or after treatment and may be severe and lead to death. see your doctor right away if you have cough, shortness of breath, chest pain, diarrhea, severe stomach pain or tenderness, severe nausea or vomiting, headache, light sensitivity, eye problems, irregular heartbeat, extreme tiredness, constipation, dizziness or fainting, changes in appetite, thirst, or urine, confusion or memory problems, muscle pain or weakness, fever, rash, itching, or flushing. these are not all the possible side effects. tell your doctor about all your medical conditions including immune system problems, or if you've had an organ transplant, had or plan to have a stem cell transplant or have had radiation to your chest area or a nervous system condition. it feels good to be here for them. living longer is possible. it's tru. keytruda from merck. ask your doctor about keytruda. new efforts on novak djokovic about the tennis player testing positive for covid last month prompting his voice to request a medical exemption from the vaccine, the tennis star is still being confined to a hotel awaiting a court hearing on all of this set for monday. live in london, hi, kitty. >> the lawyer djokovic are going he did have all the correct documents to enter australia but now the australian government is not letting him budge from the immigration hotel. his team believes he should still be allowed into the country to play in the open due to his recent public case but to add to the latest on social media appears to see djokovic at public events after the date team played where he is positive. and outside the hotel said conditions are not good enough for the top tennis star but lockdowns more than anywhere in the world, many people in the country are not sympathetic to his case and others say he's been politicized in australia. back in djokovic family home country, campaigning for his release, they believe he's treated unfairly and blamed the australian government and the prime minister is complaining about his treatment. djokovic is ranked number one in the world, defending champion at the australian open, the tournament is january 17, this delay means he's losing critical preparation time. his team moves to a hotel with the tennis court and a special diet while they try to untangle this bureaucratic mess and there will be legal court hearings in australia monday which could determine the fate of joe, and whether he will play on a tennis court and the australian open. eric: he will be an some court, a court on monday. thanks. arthel: rising threat from china pushing the u.s. and japan closer together, both countries are speaking out about the rising threat from beijing and pledging to ramp up military corporation after a virtual meeting of the bourne defense minister this week. here is boyd austin defense secretary. >> the backdrop in the free and stable end of pacific region we both seek. north korea's nuclear ambitions and aggressive behavior of the people's republic of china. arthel: joining us now, executive director of the national security institute and former associate white house under president george w. bush. north korea had nuclear ambitions for years and china has been aggressive in the south china sea for years, the south china sea accounts for at least a third of the global a maritime trade and strategic patrol for china's nuclear submarine so the question to you is, why stepped up different ties now? >> i think part of the reason is china's demonstrating increase of aggressiveness, they've increased control on the islands and we've seen them fly warplanes over taiwan so they are getting more aggressive and japan is feeling the heat as our friends in australia and india so it's important to come together with these allies and build relations and indicate to china this behavior is not acceptable. arthel: what i want to do now antony blinken on the u.s. working closer with japan, advanced military technology including hypersonic weapons space based threat. >> watching a research and development agreement to make it easier for scientists and engineers and program managers to collaborate on defense related issues countering hypersonic threats to advancing space-based capability. arthel: so how much time does the u.s. and japan have to develop this new defense technology and get it operational? >> very little because we've seen the chinese have hypersonic capabilities. a few months ago please saw them test a vehicle that appears to be two separate hypersonic vehicles so there is a concern china is ahead of us in this so we have to counter that capability and we know russians began by satellite tests, we rely on satellite technologies to defend and have rapid capabilities critical for both our nations. arthel: we know japan with technology so hopefully they can work with the u.s. to come up with technology because he got china and russia, two or three steps ahead of us. >> that's exactly right, the big concern is we talk about china as a competitor of a friend of mine recently said the your pure, what if they are ahead of us as it appears they may be hypersonic, is a huge concern, we got to invest in get ahead of it and be clear to china that if they engage in aggressive behavior towards nations like taiwan or others, who will respond as needed to defend our allies. arthel: but china doesn't care, other nations say it and they don't care. >> i think that is part of the problem, they are not sure who would actually respond because they've seen how we behaved with afghanistan defending our allies there and getting tough on russia with ukraine but not really tough so they are skeptical. the other piece is are right, they don't care because they know have economically so we got to make ourselves more independent in order to be effective if we push back against them. arthel: thank you very much for joining us. see you again. thanks. eric: earlier president biden live in las vegas paying respects to the late senator. we will have more from back memorial and funeral service. 's service harry reid was held earlier today in nevada. senator reid died last week, he was 82 years old. a for your battle with pancreatic cancer. he retired in 2016 after serving five terms in the senate including 12 years as chamber house democrat. president biden, former president obama honoring the former senator at the service the auditorium in las vegas. live in las vegas with more, hi, william. >> today senator reid was described as a fighter for the democratic party but also a father who had a sense of humor, also alone for guidance, a thoughtful can but also said he grew up poor in nevada. his father was a minor, his mother was are made and he worked on capitol hill to put himself through law school. he was an outsider but avoided life. he was a oil guardian and steward of the senate. >> he was tough as nails, a fighter to his core but also one of the most compassionate individuals you could ever imagine. he never forgot where he came from, always stuck up for the underdog the little guy. >> reed is a legend here, he fought for the mining and casino industry and las vegas has become the city that it is today. former president barack obama gave a eulogy in washington reid was a partisan but also pragmatist. he said basically he could take a punch, he cannot give up, he was a dealmaker who favored progress over perfection. president obama said he was a close friend and credit him with his legislative agenda. >> harry was not a schmoozer or a backslapping. he did not give long drawn out stories and did not appreciate long drawn out stories. reporter: president biden also spoke and he said harry reid, his voice will be heard for decades. here nevada and all over the country, you'll he will be sent to washington d.c. and service of the u.s. capitol with alliance state on wednesday. eric: thank you so much and for any of us flying, going to nevada memorial of the reid international. we'll be right back. all right, don't take away my heaven, mardi gras season approaches, families getting a slice of heaven this year. reportedly the latest victim of the supply chain crunch, bakeries say they are having a harder time getting ingredients like workers inside the pink cake. running behind on orders due to short staffing, omicron. , luckily still time to place an order for mardi gras march 1 this year. eric: what is he going to say about this? arthel: thank you so much, who was you tomorrow noon eastern. enjoy your evening. ♪♪ >> hello, everyone. i am lisa booth along with guy benson, alicia acuna. here's what's on tap tonight. >> shocking story out of new england, death of a young teen killed and ice hockey player by another players skate. tragedy tonight. >> so sad. alicia. >> data showing