i'm bret baier. breaking tonight, we're covering two major stories. reaction to a major u.s. supreme court ruling today with far reaching consequences. but we begin with major damage control from democrats and the biden campaign following last night's performance by president biden in his debate with former president trump. the current president stumbling, losing his train of thought, freezing up numerous times during the event. many democrats said to be in a state of panic. they are reportedly is significant talk about trying to replace the president on the november ballot. whether he is capable to serve another four years or four months, president biden, however, was given a lifeline from two previous democratic presidents by midafternoon with posts of support for him. former president trump and president biden were both back out on the campaign trail today. the current president in raleigh, north carolina, where he did his own fact-check of his predecessor. but, admitted he does not debate as well as he used to. senior white house correspondent peter doocy starts us off tonight live from the north lawn, good evening, peter. >> bre >> peter: good evening, bret. campaign official will debate again in september. none of the people involved prepping president biden for last night's debate will be fired and that there are no discussions about president biden dropping out whatsoever. >> i don't walk as easy as i used. to say i don't speak as smoothly as i used. to say i don't debate as well as i used to. >> peter: that is now widely understood to be true. >> everything we have to do with, uh, look, if -- we finally beat medicare. >> peter: today an attempt to redirect. >> what i do know what i do know. i know how to tell the truth! >> peter: he didn't with this mischaracterization of the abby gate bombing which killed 13 u.s. service members. >> truth is, i'm the only president this century that doesn't have any -- this decade that had any troops dying anywhere in the world like he did. >> peter: a fact disputed by the defense department. >> we have certainly had service members pass during our -- during this administration. >> peter: democrats today want the focus to be on what trump said. >> donald trump told lie after lie after lie. >> peter: the current president said this was the biggest one about january 6th. >> as nancy pelosi said it was her responsibility, not mine. she said that loud and clear. >> barack obama writes: bad debate nights happen. trust me. i know. and president biden explained during a midnight waffle house run why he thinks debating trump is so hard. >> hard to debate a liar. the "new york times" pointed out he lied 26 times. big lies. >> peter: the "new york times" posted podesta with headlines biden cannot go on like this. joe biden is a good man and a good president. he must bow out of the race and kamala harris could win this election, let her. >> it was a slow start. that's obvious to everyone. i'm not going to debate that point. >> on teleprompter today, the president was sharper and testing out new lines as he tried to change the subject. >> donald trump isn't just a convicted felon, donald trump is a one-man crime wave. >> peter: despite last night's struggles, president biden is keeping his schedule so ahead of some hamptons fundraisers this weekend. the president just appeared at an event with elton john as if to say i'm still standing. bret? >> bret: peter doocy on the north lawn. >> thanks. former president trump in chesapeake, virginia today that ended a short time ago. lucas tomlinson. >> good evening, bret. fresh off the debate last night arrived here in virginia: talk about his assessment last night of president joe biden. >> despite the fact that crooked joe biden spent the entire week at camp david resting, working, studying, he studied very hard. he studied so hard that he didn't know what the hell he was doing. >> beginning at 7:00 this morning. hundreds of cars lined up for miles to get in here. law enforcement officials say 10,000 people attended the rally today. we spoke to some of them earlier. >> you need any more proof that joe biden is not fit to run the country. that's it right there. need to take our country back and under control. this is bad, prices going up. illegals coming across the border. >> i absolutely think trump will win virginia. is he winning virginia. >> it's been a few decades. >> well, it's time. >> >> it's been two decades since a republican presidential candidate won virginia, a recent fox news poll has the race tied right now, biden won virginia by 10 points four years ago. and virginia's republican governor glenn youngkin spoke earlier at the rally ahead of trump. >> we have seen the weak america that joe biden has created and we all lived through the strong america that donald trump built. >> trump's campaign tells fox it hauled in $8 million in new fundraising yesterday on the day of the first debate. >> joe biden's problem is not his age, it's not his anything, really it's got no problem other than it's his competence. he is grossly incompetent. >> at his rally today donald trump made no mention about any of his potential v.p. picks. that's going to have to wait, bret. >> bret: lieu custom lynnson in virginia. lieu lucas, thanks. breaking tonight we now know that monday will be the day we learn of the u.s. supreme court's decision on former president trump's bid for immunity from prosecution. for acts during his presidency. but there were a pair of major rulings today. one of which is a big development for some people arrested and jailed after the january 6th 2021 capital right. riot. the other involves a major shift on environment, public health, several other areas are handled and challenged. details tonight from fox news chief legal correspondent anchor of "fox news sunday" shannon bream. good evening, shannon. >> good evening. bret. so there are two cases that january 16th, one of them that will have direct impact on the federal criminal charges against president trump. this weekend the justices will put the final touch on the other one. presidential immunity. something that justice gorsuch characterized as writing a rule for the ages. >> today the supreme court dealt major blow to the authority of federal agencies and their ability to regulate every facet of american life wellively unchecked. areas like the environment, healthcare, workplace safety, and consumer protection. chief justice roberts penned a majority opinion writing, quote courts need not and may not defer to agency interpretation of the law. statute is ambiguous. the quinn for the fishery group says it challenged the federal regulation requiring them to bear the cost of monitors on their boats. >> american citizens finally have the same rights in court as the united states government. and that's huge. >> justice kagan writing for the desenders accused the court of taking what she argued should have been left to the agency. quote, the majority disdains restraint and grasps for power. the court also sided with communities using ordinances like bans on camping and sleeping in certain public spaces as a way of trying to manage the issue of homeless encampments. critics have challenged the measures as cruel and unusual punishment in violation of the eighth amendment and say they don't solve the underlying problem. >> can you imagine anything more cruel and unusual than throwing somebody in jail for using a blanket in the middle of a freezing winter? >> and the decision from the justices on friday could impact hundreds of cases involving january 6th defendants. charged under a federal obstruction statute crafted in the wake of the enron scandal. in a 6-3 opinion. the court found the justice department's application of that statute flawed: including president trump. the opportunity to fight to get the charges tossed all together. attorney general merrick garland called the decision disappointing. and said the justice department will comply. but also will use every remaining tool possible to go after january 6th defendants. and late today, the court also weiweighed in on an emergency request from steve bannon. he asked the justices to allow him to remain free while his appeal was playing out. the court denied that request. he is due to report to prison by monday. >> bret: monday, a big day. shannon bream outside the court. shannon, thanks. here are other headlines tonight the iowa supreme court has reverse add lower court ruling put a temporary block on the state's strict abortion law. justices told the lower court to dissolve the temporary injunction and continue with further proceedings. the new law bans most abortions after about six weeks of pregnancy and before many women know they are pregnant. the texas supreme court has upheld the state's ban on gender affirming care for minors. justices rejected pleas from parents that had violates their right to seek medical care for their transgender children. prosecutors have rested their case in the bribery trial of new jersey senator bob menendez. today prosecutors elicited details about the senator's financial records by questioning an fbi forensic accountant. the defense begins its case monday. an an indictment unsealed today says the police chief for schools in uvalde, texas, failed to identify an active shooting did not follow his training and made critical decisions that slowed law enforcement response there. last night pete are a and dough was arrested and briefly booked into jail on ten state jail felony counts of abandoning or endanger a child. 19 students, two teachers were murdered in that 2022 attack. the shooter was killed by police. stocks were down today after new economic data. the dow lost 45. the s&p 500 was off 22. the nasdaq down 126. for the week the dow and the s&p 5 lost. 008 and the nasdaq gained a quarter point. up next reaction to president biden's debate performance from house democrats and how would it work if democrats wanted to change nominees? first, here's what some our fox affiliates around the country are covering tonight. fox 9 in the twin cities are officials are still working on responding to ongoing needs from that flooding in minnesota. governor tim waltz says the state is in dangerous situation that floodwaters are still rising the mississippi river is several feet above major blood stage, fox 45 in baltimore with the sixth anniversary of the massive shooting of the capital gazette newspaper. the 2018 attack left five employees dead. shooter jared ramos received six life prison terms. this is a live look at san diego, courtesy of earth cam. one of the big stories there tonight from fox 5, two giant pandas complete their long voyage from china making it safely zoo. the pair will spend several weeks ache claim mating live habitat that's a live you that's a live look outside the beltway we'll be right back. ♪ ♪ you didn't live this strong, this long to get put on the shelf like a porcelain doll. if you have postmenopausal osteoporosis and are at high risk for fracture, you can build new bone with evenity®. ask your doctor if you can do more than just slowing down bone loss with evenity®. want stronger bones? 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grandma: you need carvana... entering plate number... grandma: no accidents, right? billy: no. grandma: generating offer... carvana can pick it up tomorrow! billy: that's an amazing offer. announcer: sell your car the easy way with carvana. lumineux whitening strips. no peroxide. no pain. i can use them every day if i want. eat what i want. drink what i want. pop in a lumineux strip and hello... ...my smile is back on point. easy. ♪ ♪ >> bret: house democrats are being careful with their public reactions to last night's debate. there are concerns the president's negative triple down effect on races in november. senior congressional correspondent chad pergram. democrats dodging reporters after president biden bombed. >> i have no comments whatsoever. >> you have no comment. >> i'm staying with pappa. >> is your flight more important than the decision whether or not can he stay on the ballot. >> he had a tough night but i don't think we need to overreact to that. >> what is overreaction in your mind people wanting him to remove himself from the ticket? >> yeah. that's a big leap. >> top democrat in the house sticking by the president. >> leader jeffries do you think that president biden should step down after the debate performance last night? >> no. >> it takes a lot for the party to unwind itself from the president. biden delegates are pledged to him but become bound on august 7th. more than a month before the next debate in september. so if president biden stumbles again, democrats are stuck. the party can only replace the nominee after august 7th due to death, resignation, or disability. most democrats believe the president deserves another chance. >> that was strike 1. if this were a ballgame, he got two more swings. >> this isn't baseball this is politics though. >> that's what i'm saying i don't know what you do in this game. >> mike johnson discussed the 25th easement and mechanism to side track an unfit president. >> since the cabinet that makes that decision, i would ask the cabinet members to search their hearts. >> senior house democratic leadership source says people close to president biden, quote did not serve him well. the source added, quote: this is not sustainable. bret? >> bret: chad pergram live on capitol hill. thachad, thanks. democrats famous for wetting the bed prior to last night's performance that's only intensified over the last couple of hours. again, he has got to turn this around. >> i know how to do this job. [cheers] >> i know how to get things done. [cheers] >> i know like millions of americans know, when you get knocked down, you get back up. [cheers] >> bret: president biden today. let's get some analysis of the debate and where things go from here, possibly: take a closer look at the race. public media consultant, democratic strategist mark penn. mark, i want to start with you. i turn the channel. i look at some other things. there were democrats saying it is over. one after the other. it was pretty remarkable. what's your thought? what are you hearing? >> well, i have never seen anything quite like it to be honest. no matter how bad usually your candidate is, usually you say he did a good job. and in this case, it was universal reaction to this debate, to, you know, what -- how really president trump -- president biden, rather, is really executing the presidency and was he fit for another term. i think that was universal. it was across all ages. and i think there's a little turbulence today. i think democratic congressman want to see what do these polls show over the next two weeks. is there real damage. only ones put pressure on the president, to step aside, because they fear that they're going to be wind out if they don't have a strong leader come november. >> bret: alex, there's a lot of talk about how this happens. the people who -- the 16 aides who worked into camp david 16 days. dr. biden, family members. they had to know that was a possibility on that stage. that last night. >> i don't see any other way around that. but i think a lot of, you know, you drink the juice. you buy in. let's assume these folks love joe biden. that dr. jill does. she knows this is his life as the only life he knows. and if you end his career you end joe biden. so -- they are going to fight all the way through this. no matter what. they are not going to -- jill biden is going to lock the white house doors and not let anybody in who wants to talk about replacing joe biden though i do think joe biden found a good substitute today. he gave a great season in north carolina when he used that teleprompter. give that teleprompter a raise and promotion. make him the democratic nominee. that might do it. but he didn't have one last night. and what america saw was group of advisers sent joe biden into the jungle to kill a lion, naked and without a spear. and that scared the country. moments like that last a long time. define defining moment for joe biden. >> >> bret: back to last night and the reaction to it, mark. when people talk about replacements obviously you have vice president kamala harris there. but the most common names that we hear are governor gavin newsom from california and governor gretchen whitmer from michigan, if, you know, and it doesn't seem like it's heading down this road. but, if it happened, how would it happen? >> well, this party is not set up for a replacement. we are past the primary. the delegates are all joe biden delegates, pledged to joe biden. the only person who could really change things is whether the president changes his mind about running. and then we have no selection process beyond a delegate vote. and i suppose whoever the president endorses. and that by nature has to be the vice president. i don't see how this party couldn't nominate the vice president. it traditionally nominates vice president. that's how joe biden got the nomination in the first place. and i think that's probably what would happen. >> and alex, you know, her -- kamala harris' ratings are oftentimes lower than president biden's in approval. >> she is joe biden's insurance policy. he has got to keep her on the ticket. this decision was made a long time ago. joe biden is going to be the democratic nominee and that is set in cement. he needs 1976 democratic votes at that convention to nail down this nomination. 33 vote on the first ballot. the washington super can't come into a second ballot. mark is right it's up to joe biden and jill biden and the family. and is he going to die with his boots on. look, the polls aren't going to move that much. i think you are going to see joe biden's intensity of his support go down but a lot of the voters say look, i can't votes for joe biden but i'm still not sure i'm going to vote for donald trump might move three or four points which is a lot in this race, but it may not be more than that this thing may remain tight. >> you know, mark, traditionally democrats, especially in washington, livin'ed to the editorial board of the "new york times." there is a new editorial board editorial about joe biden for the good of the country should step down from this race. you have tom freidman, you have other people with big, written things where they're on the record saying i am a friend of joe biden. i like the man he needs to get out of race. it seems to be building. >> yes. i have also never seen anything like this where core democrats call for the president to step down after he was effectively won the nomination because they're going to be on the record and donald trump is going to be able