>> shannon: she was a pioneer in so many ways. you reference her time out west and where she was from and it was such an interesting back drop to see her become the first female appointed to the supreme court. she often told the story about graduating from stanford and not being able to get a job. no law firm would hire her as a woman in the 50s and 60s. she struggled to make it in the legal profession. to think she came out of school, she found a roadblock to any kind of legal career and she decided to plow forward and ends up on the supreme court. it is a really fascinating, truly american story. she went out and campaigned to become a judge because she saw this is my avenue. she didn't win the first election. she did ultimately end up becoming a judge but another part of her interesting background is she was a lawmaker in arizona in the state senate. so she had a real appreciation for all of the different branches, for fighting her way into the legal profession. she had a humor and humility about her that people really respected and loved that she was sort of a cowgirl at heart. she talked about those things quite a bit. after leaving the bench, which was mostly about her husband and worrying about caring for him and his illness at that time, she didn't disappear from public life. she was out there very much pushing civic education. she worried that young americans weren't getting a full understanding of how government works. their role in it. what is it about and the unique experiment that is america. so she stayed very actively involved until her own battle with dementia that sidelined her. she wanted to make sure future generations understood how special our country was and what they could do to be involved to make it work. >> dana: what are some of the big decisions that she was a part of on the supreme court? >> well, you think about the things that people will remember about her and part of that is some of her jurisprudence on issues like abortion. she was in her time often thought of very much as a swing vote on some really critical issues on all kinds of things from abortion, she was part of bush versus gore. she was a big part of what later became seen as justice kennedy's role. there were those who were frustrated where she fell on abortion when they wanted her to be more conservative clearly on that issue. so they had really even the pro-life groups, the reagan very conservative groups had really believed in her and wanted her on the court. so when the issue of abortion came into play, that was somewhere where she broke with the right and they were very frustrated with her. >> dana: so much of consequence here. bill hemmer is not sitting next to me but with us here, bill hemmer, a question for shannon? >> bill: a certain irony being at the reagan library in simi valley, california. you think about the history here. ronald reagan had assumed the office in january of 1981. on that day of inauguration you had all the american hostages that were released from captivity after more than 400 days in tehran. outside of that, you have to think to september later of 1981 when she is appointed to the u.s. supreme court. that was really -- these were big moments in american history and she was in the middle of all of it. reagan said when he first introduced her to the american people that she was a woman for all seasons. i don't know if you are able to reflect on that or not, but coming from arizona there is one season, right, shannon? but sandra day o'connor, she wore so many hats and was a true american trailblazer as you look at her life today. >> shannon: really, it's always amazing to me. you look at the back stories of the supreme court justices and there are so many fascinating stories like herself like coming out of law school and not being able to find a job and having the spirit of the west, the cowgirl who was somebody who was not in washington to suck up and go to the best cocktail parties. she was seen as somebody who was down to earth, devoted to her family, very serious about her country and her commitment to what she was doing on the bench. but somebody who was seen as a lot of fun and had a great personality, a great sense of humor, but a true intellect who -- think about any firm that passed over her when she came out of stanford. rehnquist had no problem getting hired but to think you had passed over sandra day o'connor who would become this person who broke the ultimate glass ceiling in the united states in our judiciary and that she hadn't been able to get out of the gate as a stanford graduate in the very beginning of her career. >> bill: amazing. one more point. justice roberts in his statement said this, dana, he says she met the challenge with undaunted determination, indisputable ability and engaging candor. i agree with you. it was her personality that stuck out the most to me in her early days on the court. she seemed to express this fun that she had with life, as you just pointed out. >> shannon: i do think that came from being a very down to earth person. i mentioned her background was not on this track that she immediately became a lawyer and that assumed a federal judicial bench seat. it wasn't the traditional path that many people think of for a supreme court justice. the fact that she had -- she was knocked down many times and kept fighting and getting up. she served in the state legislature. so many things that come before the court deal with laws that have been passed at the state level. have been fought at the state level. she served as a judge and doing all those things, i think, before she got to the court gave her an appreciation for just different viewpoints on the country, on the world and the way that things function before they get to the court. it wasn't that she was always in an ivory league and ivory tower and walked onto the court. different life experiences that gave her a different perspective. that's what president reagan loved putting her on the bench, knowing she was in some ways a washington outsider and that was the kind of person he would want to put on the bench when he had that opportunity with her. >> dana: shannon, i was just thinking how consequential her decision to resign was. on june 30th of 2005 she decided to resign. you can tell us more about her reasons for doing so. she was a very down to earth, practical person and loved her husband very much and he needed care. but you don't see too many retirements in washington anymore, right, in terms of that time. she actually had from 2006 until 2023 a little bit of time to reflect on her life and her time on the court, which then leads to john roberts nomination with two months later on the friday night before labor day of 2005, while we're in the middle of that confirmation battle for john roberts, chief justice william rehnquist passes away and then you end up with samuel alito confirmed to the court by the january of that next year. really she put a lot of things into motion. >> shannon: things you could not have predicted. you are right, that gave us the man who has been the chief justice since then. think about his impact on the court. she thought he was a very good choice because he had argued a number of cases before the court. when she heard it looked like he would be her replacement she was very supportive of the fact that he had the intellectual rigor and skills and everything he would need to be a good justice, but then all those dominoes fall. the passing of justice rehnquist and very quickly you know well the bush administration had to then work on two confirmations giving us both chief justice roberts, justice alito and she could have never known when she decided my husband needs me, i need to spend time with him and walk him through his illness and be with him, that it would trigger all those other things. as you said giving up a supreme court seat in modern times is highly unusual. we have the pressure on justice ginsburg and she stayed to the end and said this is my life's work, i'm not leaving. it was momentous when justice o'connor who made history as the first woman said now the time my husband needs me and i will now fulfill what is, i believe, a joint of privilege in going to him but making the history books in a new way with all the things that came after. >> dana: you are talking about her as a pioneer and as this woman who had pushed forward and found a way to do what she wanted to do even though a lot of opportunities were closed to her. so she is appointed in 1981. i was nine years old and there is a saying in mentoring circles that you have to see her to be her. and to be able to see ronald reagan who i revered and he appoints sandra day o'connor. there was a lot happening at that time for women and also, bill, as i turn it back over to you, she was there for the very consequential decision that the supreme court made in the florida recount. >> bill: sure was. we have a lot of 5/4 decisions back then. jonathan turley joins us and so does bret baier as we bring in our conversation. i was looking over the resume. completed law school in two years. not common to do it back then. you think about the cruel irony here. she went through life and she succeeded at life because of the brilliance of her own brain and to think that she suffered from dementia for several years and ultimately perhaps from alzheimer's based on the statement we're seeing here such a cruel irony there to think that is your fate while you are within this earthen vessel among all of us, all 6 billion of us on this planet. let's get a quick reflection now. jonathan turley, thank you for your time today, sir. what comes to mind for you when you think of the historical nomination and appointment on first woman on the supreme court and now the passing of sandra day o'connor? >> it is the end of an extraordinary legacy for sandra day o'connor. for many years for those of us covering the court, it was a court of one as you just referenced. there was a long series of 5/4 decisions. she was the fifth vote. many of us wrote at the time that covering the court meant debating where sandra day o'connor was on the death penalty. abortion, etc. she was a voice of moderation. she had this innate sense of what was right and what was needed for a democratic society. and that often took her to both ends of the political philosophical spectrum on the court. this is not one of her most famous cases but her dissent in atwater that involved police powers to arrest someone for misdemeanors. everyone will be citing her opinions on abortion and affirmative action. i really think of her dissent in atwater that she showed this incredible sensitivity and empathy for people who were subject to arrest to be stopped by the police. and it was the type of realism that came out in all of her opinions. this was a woman who was raised in arizona miles away from the nearest paved road. this was a true rural child of the american rural areas. and she had a practicality about her. she also had an elegance about her. i was critical of some of her decisions but when i spoke to her, i must tell you, you could not but be enamored by sandra day o'connor. she had this rough elegance that comes with someone who knows herself, who was raised in this area and she brought that confidence to the court in her opinions. >> bill: thank you, professor. want to bring in bret baier as well. good morning to you. just your initial reaction to the news on the passing of sandra day o'connor. >> you know, she was a trailblazer. obviously the first woman to serve on the u.s. supreme court. you have to look back at her time in arizona. she was an arizona appellate court judge in the court of appeals in maricopa county as a judge. before that, she was the first serving female majority leader of the state senate as the republican leader in the arizona state senate. she was always a trailblazer. i just know from my writing and study of ronald reagan that he was really proud of that nomination. and in 1981, he makes this nomination but he calls her the day before the announcement. she didn't know she was a finalist. she writes in his diary about that. he says called judge o'connor, told her she was my nominee for supreme court. already the flak is starting and from my own supporters. right to life people say she is pro-abortion. she declares abortion is personally repugnant to her. i think she will make a good justice. she was a trailblazer all her life. reagan had a lot of confidence in his nomination and she turned out to be one of the most consequential justices there. another little interesting thing is that she succeeded henry kissinger as the chancellor of college of william and mary after retiring from the court. obviously we just said goodbye to henry kissinger a couple days ago. >> bill: great history. thank you, bret. and jonathan turley, thanks to you as well. wow. the life of sandra day o'connor remembered today and her first book was called "out of order." i think she would have liked that title, right? out of order fits the personality. she came out with her biography about four years ago called "first" and we remember her life and legacy today. >> dana: truly, the role model she was for women everywhere especially younger girls who were like wow, we could do that, too? now look at the court. pretty incredible to be the first and if you look at a lot of these pictures we're showing, she was a strong woman but also a happy person. she loved her life and she lived a life of great consequence. it has been an honor to be able to have some comments on her today as we now get back to some of our other news and you are at the reagan library and we'll get a little more into that and to why are you there, bill hemmer? >> bill: the irony is when you reflect on reagan and how consequential he was for american history to this day and beyond. sandra day o'connor is another example of that. we're here for the reagan defense forum happening every year the first weekend in december. starts later today and all day saturday. trying to bring some of the best minds in america together to try to figure out where we are in the world and where we go next. and how best does america make these decisions? remember peace through strength. it means a lot of things right now in today's world whether it's ukraine, middle east, china, taiwan. we'll go through all that over the weekend here and you will see that beautiful boeing 707 behind me. it will be displayed masterly as the centerpiece of this fantastic library. >> dana: even tyrus couldn't move it. >> bill: right. i saw that. listen, we have a sunrise in southern california. it is beautiful to see. there is other news to get to. why don't we do that now? here we go. >> dana: right now we are awaiting for the house vote on whether to expel congressman george santos. house speaker mike johnson saying a short time ago he plans to vote against the expulsion of george santos. the new york republican earlier on "fox & friends" saying if he is expelled it will set a dangerous precedent. >> i will be the first person to get expelled from congress without a conviction or without committing treason. that's a dangerous new precedent. >> dana: the vote will begin possibly later this hour. chad pergram ahead with an update live from the capitol. >> israel will finish the job here. hamas has to be destroyed not only for its rail but american. you can run but you can't hide from terrorists. >> bill: robert o'brien last hour. former national security advisor for president trump as fighting resumes the gaza. the cease-fire is no more. it's off, the truce is over. israel says that hamas has not stuck to the terms of that cease-fire. they are now urging people in parts of southern gaza to leave their homes there and move to other areas for their own safety. remember that was the call about a month ago from northern gaza. the talks to restart the cease-fire are underway in qatar. see where they go. whether or not they have any success. night has fallen in israel. greg palkot is near the gaza strip. what is the moment and headline for the moment now? >> well, bill, after a week-long cease-fire between israel and hamas, we can confirm firsthand the war is definitely back on as the sun sets here, we have gaza strip about a mile behind us. all day we've been seeing and hearing israeli air strikes and israeli artillery hits. we've also been witnessing hamas rockets coming from there over this town and knocked down and hearing a lot of gunfire, signs of clashes nearby. hardest hit today the southern part of gaza. it is believed hamas leadership moved down there and clearly israel has them in its sights triggering the new fighting after the 100 hostages were freed in the last seven days. israel claim hamas did not have an adequate list of captives to be released. hamas said israel wren egged on the deal. before a new cease-fire extension was supposed to go into effect hamas fired rockets. some made it through israeli defenses. it warned gaza residents to get out of the line of fire and committed to that in a visit by secretary of state blinken yesterday. gaza authorities claimed that dozens were killed today and humanitarian aid has been cut off. also cut off that encouraging flow of hostages, eight were released last night. there was a heartwarming scene of a 21-year-old back in the embrace of her family as the tales of horror the captives had to endure at the hands of hamas grow. yes, in gaza strip behind us as we hear the blast of israeli artillery there remain nearly 140 hostages, including americans. and as was confirmed today, they are at great risk. we learned that three israelis believed to be captives, including an 86-year-old man, has, in fact, died. a life and death crisis. back to you guys. >> bill: wow. they have 130 still there and what is their fate? we'll find out in time. greg palkot. thank you in southern israel with that. thank you, greg. >> the choice for america is this. what biden, harris and newsom want to do is take the california model and do that nationally. in florida we showed the conservative principles work. this country must choose freedom over failure. >> there are profound differences tonight. i look forward to engage them. there is one thing in closing that we have in common is neither of us will be the nominee for our party in 2024. >> dana: fiery face-off last night pitting florida's republican governor ron desantis against california's democratic governor gavin newsom. joining us now joe concha and tom shillue. great to have you here. you guys watched, i'm sure. it was the show to watch. i want to play one more here. this is desantis -- they're not on the ticket together. this is the call for number one here, watch here. this is desantis slamming california for its so-called freedoms. >> california does have freedoms that some people don't -- other states don't. you have the freedom to defecate in public in california. the freedom to pitch a tent on sun set boulevard. the freedom to create a homeless encampment under a freeway and light it on fire. it's not the freedoms founding fathers but contributed to the destruction of the quality of life in california and results speak for themselves. >> dana: i loved it. i watched everything. great that desantis and newsom agreed to do it but that sean hannity had the idea and ran it as best as he could. what did you think of the outcome? >> if this was a fight ron desantis won because he had data and facts on his side and newsom did not. newsom said it was a lie that california is a high tax rate. you look at the numbers, right? 13.3% in california. 0 in florida. $9,000 collected state and local taxes per capita. florida is half that. corporate tax rate 60% higher in california than florida. then newsom said that florida is actually the lockdown state when it ca im to c