that really understands what's going on and can communicate that. we'll see what happens. >> dana: you say that with gentleness and grace, all three of you great having you as part of our panel this week and i'm sure we'll see you again, michael, nick and caroline. have a great weekend. fox news alert. crunch time at the supreme court right now we are moments away from a new set of blockbuster opinions being released. high-profile cases could affect many aspects of life in america. we'll take a trip down that road today. welcome to a new hour of "america's newsroom," i'm dana perino. bill is off today. great to have you here. >> bret: great to be here in person. i'm bret baier in for bill hemmer. this morning major cases. among the cases on the docket presidential immunity from criminal prosecution, january 6th obstruction, restrictions on homeless camps and a case brought by fishermen on the power of federal agencies. that's a big one. >> dana: that's one of my favorites. team coverage. andy mccarthy and jonathan turley standing by with analysis. kayleigh mcenany on set with us. our chief legal correspondent shannon bream is outside the court. switching from the debate, although it hangs heavy, we have these other cases. one of them could be the decision on trump's immunity case. >> i love that you guys love the regulatory case as well. it will touch everyone's use to everything you use, federal regulations touch everything. we'll get to that case later. yes, we're waiting on immunity. it could come this morning. it looks like we have our first opinion. the case involving homelessness and whether cities and states could make bans on encampments and those things to help them control the homeless population in their communities. now a lower court had said at one point it violated the eighth amendment's ban on cruel and unusual punishment. we'll wait to see what the content is. we have the runners who come down the path. i see ours coming with our first opinion. we'll get to that. one of the ones we're watching. not at the top of the list to immunity. this one is authored by justice gorsuch. only people senior to him now could be releasing opinions. it always gets released in reverse seniority. the trouble was a lot of these communities have said if we can't police this in some way or fine or move people along or ticket them we will lose control of the situation. a number of communities out west. in this case from oregon had a real issue with that. this from the court says homelessness is complex and causes are many. so maybe the public responses required to address it. the question is whether the eighth amendment grants federal judges primary responsibility for assessing the causes and advising those responses. a handful of federal judges can't match the collective wisdom of the american people. sending it back down to the lower court to reassess that. it is justice gorsuch, roberts, alito, kavanaugh and barrett together. we'll dig into this. see what it means on the merits. it is by far the last opinion of the day. two boxes, that means there are several more to come, guys. >> dana: thank you so much. let's talk to the rest of our panel, jonathan turley and andy mccarthy and bret, ask the first question. >> jonathan to you. we're waiting on the immunity case and it is the big one. but also there is this chevron case that people haven't talked about a ton but it is massive when it comes to regulations and how agencies in the federal government, how powerful they are and what congress does and where the balance is. >> you are absolutely correct on that. the luper case involving herring fishing boats suddenly told by this agency the new rule that they would have to pay for effectively the agency inspectors on their boats. this added a sle considerable cost to a marginal industry and they objected and said where did you get that authority? just because your budget is shrinking doesn't mean you can just say now you pay for the inspectors. i think they are likely to win on that issue. the question is whether the court is going to put a spike through the heart of the chevron doctrine. that's a doctrine that for decades has given agencies sweeping deference in how they interpret laws. the court is chipping away at chevron and really interfering with the traditional role of judicial review and the expectation is that if this court was getting ready to dispatch chevron, this would be the case. it is perfectly situated for that purpose. i also want to note that that homeless case is going to have equally sweeping impact. it will give cities the right to remove tents from public areas. that these are generally applicable laws that prevent people from camping on city property. many cities, even democratic ones, are likely to quietly rejoice in that decision because they are struggling with dealing with these homeless populations that are blocking city streets. >> dana: andy mccarthy would you like to weigh in on that and as we wait for the possible trump immunity case, does that decision change at all after last night's debate? not that the decision would change but the impact of it? >> well, i think it becomes even more important, dana. the immunity decision will determine basically how much of the time in the run-up to the campaign and election day that former president trump may end up tied to courthouses and courtrooms rather than out on the campaign trail. it seems to me that there is going to be a case left after the immunity decision. that was clear even from the oral argument where justice barrett and justice kagan e elicited concessions that some of the actions can't be covered by immunity. that means jack smith will have some kind of a case. he can continue to pursue immunity, which means the case will be tied up on appeal from now until sometime next year, or he could pick up whatever scraps he is left with and maybe i shouldn't say scraps. if he is courageous enough and try to get to trial on that material only and still a chance to get on trial with former president trump prior to election day. >> bret: everybody, if we would stand by we'll wait for a few more decisions from the supreme court and bring you back as we get more. we are heading now to north carolina. i think you are looking live at this rally in north carolina in raleigh. we don't know how many people are there. a choir is there. this is an event that president biden will be at. the first time we'll see him from last night. how this goes and what he says in this rally will -- as you heard from kevin earlier, raise some eyebrows, there are a lot of people in the democratic party calling for him to be replaced and so calls for him to be replaced is the presumptive democratic nominee and it is getting louder. it may not be so easy to convince president biden to step down. chad pergram is live on capitol hill to explain this. it is a logistics nightmare in one sense, chad. >> good morning. last night was seismic, senior house democratic leadership source tells me, quote, those closest to the president have not served him well. the source adds, this is not sustainable. but the house's top democrat stands by president biden. >> hakeem jeffries do you think president biden should step down after the debate performance last night? no. >> were you okay with how he did? >> now removing the president is messy. it would likely take a cohort of senior democrats ranging from former presidents obama and clinton and former house speaker nancy pelosi to convince mr. biden to step aside. house republicans want the audio tapes from the interview special counsel robert hur conducted with the president and hinted that president biden was not with it. >> is that augmented, that push after we saw the president's performance in the debate last night? >> everyone can see the objective fact that we have been discussing for a long, long time. that president biden is not up to the job. everyone sees that clearly. it is nothing we take pleasure in pointing out because it is so dangerous. >> democrats have until august 7th to replace mr. biden when a roll call of democratic delegates begins. they vote then to comply with the law in ohio. if the president steps aside before august 7th, delegates are no longer pledged to biden. anything after august 7th spells trouble. it is hard to replace the nominee unless there is death, resignation or disability. democrats wish the house was out of session today. that way they could duck questions about president biden and petrified about bleeding seats down ballot. >> bret: that's a big part of it. >> dana: kayleigh mcenany is here. one of the things we are talking about is president -- former president trump, i thought, was pretty restrained in pointing out what everyone else could see. i don't think that trump and biden could see their own two shot. i don't know if there was a monitor down below. it was obvious that he could see something was going on. he had one gentle comment, i i don't understand what he said and i don't think he did, either. it was a gentle comment. was that a strategy. >> i have to believe former president trump was shocked at biden. it had been a long time since they had been on the debate stage. he knew he could come in strong. trump knows how to go hard at someone when he wants to but he didn't. he even had a lie. my must husband and i looked at each other. he doesn't want it to be this way, joe biden when talking about the young women who have died but he does not know. he was even gracious in saying i give it to you, joe, i don't think you want to see the chaos at the border. >> bret: do you think there are republican websites keep joe, that they want him to be the nominee and they don't want to see some switch that democrats are continuing to talk about this morning? >> without a doubt. you want to beat the democrats and who better to beat than joe biden. i would say this, though, when you look at polling head-to-head match-ups joe biden is the strongest contender of the democrats. many of the democrats are unknown nationally. if you replace him at the convention if you are able to do that you only have a two-month stretch to make the new candidate known to the american people. >> dana: you already have something like hakeem jeffries, who is the democratic leader in the house of representatives saying biden should stay in. tim waltz, a governor of min mine and biden surrogate saying he should stay in. whitmer of michigan says the same thing. you could see a split between the elites and people in in the democratic party and the rest of the democrats like the entire opinion page at the "new york times" saying this has to change. >> that has been going on for a long time. lucas tomlinson posted two years ago 75% don't want biden as the nominee. others have said you would need a lot of top democrats to come and intervene. that is not happening today. hakeem jeffries i imagine was on the phone last night like all the other democrats and not pushing for a new nominee. >> bret: those aides at camp david, his family, they had to know. they had to know that this was a possibility. >> dana: as did all the spokes people at the white house and the campaign. >> bret: they had to know. >> how did 16 people sit for eight days and think it was a good idea? if he prepared for this for eight days a conversation i had with a top trump national security issue who said i listened to trump on the phone with a taliban and in no uncertain terms he used language but the taliban walked away knowing if they harmed a single american they would be done. we didn't lose a single american for a year. if it took eight days to prep for days. there is no time to prep for a call with putin or xi. i worry for the country. i really do. >> dana: a sentiment a lot of people are feeling today. see you on "outnumbered." >> i would encourage you guys while you are worrying about style today, to fact check everything donald trump said and to measure that against what the truth is and whether those things are good for the country and see how the things shake out. >> dana: the shaky debate performance. more on the panic unfolding in washington and at campaign officers across the country. >> bret: former president donald trump looks to keep building momentum after his debate performance. we'll speak with two men reportedly on the v.p. short list. we talked to one earlier, senator tim scott. now senator tom cotton and north dakota governor doug burr groom coming up. >> this election will come down to a question on strength versus weakness. president trump showed strength last night. every day, more dog people are deciding it's time for a fresh approach to pet food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. if you have generalized myasthenia gravis, picture what life could look like with... vyvgart hytrulo, a subcutaneous injection that takes about 30 to 90 seconds. for one thing, could it mean more time for you? 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he is campaigning, as we mentioned, in the battleground of north carolina. brit hume and martha maccallum join us now, wow, what a night, a morning, the fallout. britt, what do you think of this? >> there is an old thought that debates tonight matter too much and through time they really haven't meant that much. this one mattered a lot because it answered the question countless voters have. is this old guy fit for the job? this was a debate he wanted. it was played under rules that he agreed to and he came out and seemed like a ghost. i think the impression in -- democrats are right to begin thinking getting him off the ticket. >> bret: what about hakeem jeffries and governor waltz saying he needs to fight on. one debate. does that dissolve over days? >> i think the outward visible signs are. inside the democratic party you know that they think it's over for the old guy or if he stays on will drive them to a disastrous defeat, possibly even a landslide. >> dana: we have spent months being told by the white house press secretary the president runs circles around her behind the scenes at the white house and told last week that videos we air were cheap fakes. listen to her here. >> you all have called it the cheap fakes video. that's exactly what they are, cheap fakes video, they are done in bad faith. misinformation, disinformation, how desperate republicans are here. these deepfakes, these manipulated videos and it is again done in bad faith. >> dana: 80 minutes into the debate last night dana bash asked the question to biden about his age and competency. by then everybody had already made up their minds it was not going well. >> let's take a look at all the people who knew that last night was very possible, okay? robert hur, who interviewed biden on the documents case as special counsel said he was too elderly and memory too poor to be prosecutable. as you pointed out, they have not released the audio tapes of that. who knows what that whole scene sounds like? susan rice, anita dunn. all the people who work at the white house also know. they balked at that "wall street journal" story that said he was showing signs of slipping. they pushed back all over that. but that story now appears to be quite accurate based on what we saw last night. there is going to be -- i think what we're seeing from josh shapiro, a battle royale over two camps. one camp will say we'll keep him in there. they have did the basement campaign in 2020 in front of a teleprompter and made sure he got across the finish line. if they get him across the finish line again and decides that he wants to bow out after six or eight months as president they'll move kamala into the spot. not planned she would speak last night but she was on the cable networks. the entire "new york times" and other people it is time to go. so there will be a huge tussle going on there. >> bret: stand by if you would. i think we have another ruling out of the supreme court. shannon bream is standing by outside. >> this is the one we have been talking about under the radar on federal regulatory activity. it is written by the chief justice and this was the idea that if a federal agency is going to interpret ambiguous laws from congress, they get the final word. there is deference to the federal agencies. critics say it has given those agencies way too much power through people people not elected. it looks like here it says -- let me see the chief justice is writing. it looks like a 6-three opinion and a serious claw back of the federal agency power if not completely overturning the chevron case that gave them power. we have given the required courts and had them prefer to permissible agency interpretations. when we consider whether that doctrine should be overruled and sounds like they are going that step. how far they have gone with overruling chevron. they do say the language from the chief is chevron the overruled. now they have regulations from a law and that can't be checked by a court is gone. this is huge in the world of federal regulatory procedure and again to make it -- whatever you do during the day, the gas you put in the drive, the cell phone you use, everything is touched by federal regulations and these agencies from had a great deal of power since the 1984 case called chevron from here at the supreme court. today the language makes it clear the court is saying we are done with chevron as we understood it. it will claw back the federal power. let me read you from the ending of this opinion here by the chief justice. he says if it is legal interpretation that has been emphatically the province and duty of the judicial department saying courts are ones to weigh in here, not just the federal agencies. chevron is overruled. courts must exercise independent judgment deciding whether an agency has acted within its statutory authority. the lower courts got this wrong and essentially chevron is gone. courts need not and under the administrative procedure act don't have to defer to an agency anymore. >> bret: that is a big deal. >> dana: a huge decision and because of the way it came down, it really does remind all voters, but especially republicans, that president trump was able to get those conservative justices at t