biggest rulings ever. it is on presidential immunity and whether former president trump can be held criminally liable for january 6th. the decision expected to have a major impact on the campaign and we'll bring it to you live in our next hour. but first. circling the wag yens. president biden's family urging him to stay in the race. this after a debate performance seen by many across the country as disqualifying. good morning, i'm dana perino. bill is off today. high, bret. >> bret: i'm bret baier and this is "america's newsroom." the biden family gathering at camp david this weekend where they reportedly urged the president to resist calls to drop out. "the new york times" saying hunter biden was one of the strongest voices in the room. >> dana: new details on how white house aides go to great lengths to protect the president. the outlet reports biden is only dependablely engaged between the hours of 10:00 a.m. and 4:00 p.m. and that prompted the "new york post" headline, off his clocker. >> bret: growing number of editorial boards calling for the president to drop out. democratic leadership is putting on a brave face arguing biden is still the best option to defeat donald trump. >> dana: we kick off this monday, trey gowdy is on deck. aishah hosni in washington. first let's go to madeleine reriva at the white house. what it is like there today? >> the message from the president's family is keep fighting. this is from first lady jill biden what she told vogue. she is the subject of the magazine's august cover. speaking from camp david yesterday she told the outlet regarding the debate we won't let the 90 minutes define the four years he has been president. we'll continue to fight. as the president's family urges him to stay in the race it appears there is a blame game unfolding behind closed doors. "politico" reporting the president's family thinks his campaign advisors, not the president, are the reason he flopped thursday night. they are pointing the finger at senior advisor anita dunn, her husband and the president's personal attorney bob bauer and former chief of staff ron klain who led the campaign prep. a biden official is pushing back noting how close he is with the senior staff. the campaign is struggling to control the fallout. advisors held a call with donors over the weekend noting how messy the process would be to replace the president at the top of the democratic ticket. chris coons reportedly joined part of that call. >> what we may see and you showed it, is a compelling speech on the beach in normandy or that engaging speech in north carolina. but i'll share with you the criticism some have raised when i make that point. he has a teleprompter and well prepared. we need to see more unscripted and off the record moments. i'm encouraging that. >> the biden campaign is featuring the president's remarks from his rally in north carolina friday. when you get knocked down you get back up is what he says. >> dana: thank you so much. bret. >> bret: top democrats spending the weekend defending president biden's debate performance. one prominent congressman down played the situation as only strike one. aishah hosni live from washington with more on this. good morning, aishah. >> good morning. congressional democrats are concerned about the debate performance that we saw last week but they are still circling the wagon around president biden. listen. >> certainly was a setback. but, of course i believe a setback is nothing more than a setup for a comeback. >> he should stay in this race and demonstrating forward his capacity to lead the country. >> real soul searching going on but ultimately president biden will have to make that call. see the one who has the super majority of delegates. the party and convention are still behind him. >> meanwhile any would be replacements out there are busting any hopes about their names being floated in the press right now. "politico" is reporting that gretchen whitmer is disavowing the draft movement. governor newsom said joe biden will be the nominee, not him. maryland governor wes moore says he won't step in if president biden steps out. >> i will not. joe biden is not going to take himself out of this race nor should he. he has been a remarkable partner. >> more reaction to come once congress is back in session. bret. >> bret: thank you. >> dana: want to bring in trey gowdy and anxious to hear what you think about all of this as the family gathers at camp david and get a big photo shoot. are they so disconnected from what the rest of the country is thinking? >> i just think history is not replete with instances of people voluntarily giving up power. so i'm guessing and trying to look at it in a light most favorable to the family. they believe if he is out of public service, which is all he has ever known, that he is going to die. what the rest of us know that is if he is nominee, the democrats are going to lose. so it's one of the oldest conundrums of all time. do you do what is best for the larger group or do you do what is best for your family member and right now they've chosen to do what is best for their family member. >> bret: good morning. there are all kinds of write-ups. family members want to blame the aides that prepped him. post has this. aides were -- they didn't understand why he gave a different answer on the age question. a little disingenuous to say they didn't know this possibly could happen. they have been around him 24/seven. we've seen it on television. >> i think there in lies the problem. the media and democrats want us to believe this was an isolated incident. those of us who have been watching him and used to know him and now see him know that this is part of the continue inyou um. he has been challenged for some time now. if you want to blame aides for seeing you beat medicare. if you want to blame aides for saying that sisters are raping sisters, go ahead and do it and nobody will believe it. the real conundrum is this. the number two in line is kamala harris. you pass over a black female and go to someone else you are guaranteed to lose. if you don't have black female vote there ain't no democrat party. how do they get out of this conundrum. some people would prefer a less than cognitively perfect joe biden versus a completely lucid kamala harris. that's the dilemma they have. >> dana: and why the "wall street journal" editorial today, the mess of the democrats' own making. we also had this this morning. i didn't expect it. maybe i should have. the vogue cover has been released for the next month featuring jill biden. she did this interview last night with him and saying that we will decide our future. she says in the interview we will always do what is right for the country but in a follow-up interview last night before this went to bed and got posted she told them we will not let the 90 minutes define the four years he has been president. we'll continue to fight. trey, do you hear anything behind the scenes about what democrats on capitol hill are thinking? because i know a lot of people would be reluctant to possibly say something on the record. what is the buzz behind the scenes? >> well, i have to be honest my copy of vogue hasn't comet. i hope it comes today. what they are saying is what all politicians care most about, their own re-election. we can stop talking about what's best for the country. politicians are motivated by their own re-election and they think that he will be a drag. hakeem jeffries will not be the -- the number of texts i got thursday night. panic does not describe their reaction to his debate performance. panic does not. >> bret: the other big story is the immunity ruling and decision by the supreme court. big implications for the former president and what he is facing. what are your thoughts as we set up to that in the 10:00 hour. >> you know, bret, my thought is these stories are interrelated. what people can do to stay in power is one story, what people are willing to do to stay in power is another story. the oldest story of time, which is this lust for power. i can promise you they won't say you can assassinate your political rivals but with all due respect to neil gorsuch this won't be a ruling for the ages. it will come down to particular fact patterns. i think they'll remand it back to the district court and punt and say give us more fact. one fact can change the conclusion. this ruling for the ages, i get where he is coming from, but it will be very, very fact specific. >> dana: trey gowdy, you are always a good one to seen on a monday morning. we could see you in a little bit anyway, thank you. >> thank you. yes ma'am, take care. >> dana: fox news going inside an underground hospital in northern israel as the country braces for possible war with hezbollah. how officials there are preparing. >> bret: michigan governor gretchen whitmer pouring cold water on the president's plan to win michigan. details on that, plus this. >> we'll do what we have always done, fight for our freedoms. here is the thing, we cannot fight alone. we need to get our families, our friends, co-workers, cousins, auntees uncles. get them to register to vote. >> dana: what kamala harris said that has critics pouncing from the bet awards. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. 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- [announcer] call right now to receive your free no-obligation info kit. call the number on your screen. wounded warrior project empowers post-9/11 veterans and their families with life-changing programs and services. i faced my ptsd, and i'm a better husband and father because of it. we help warriors get the expert care and support to thrive. i got involved. i got healthier. i got to be an athlete again. through our programs, community and advocacy, we're proving anything is possible. learn more at wounded warriorproject.org/connect >> bret: u.s. military bases in europe are on heightened alert due to a potential terrorist attack. there is credible intel pointing to an attack against u.s. bases in europe over the next week or so. announcement coming less than a month after f.b.i. director chris wray warned the threat from foreign terrorists has risen significantly since october 7th. >> dana: fox news getting a detailed tour of israel's third largest city of haifa 20 miles from its northern border with lebanon. you can see it on the map there. people are bracing for a potential-out war with the iran-backed hezbollah. trey yengst is live in tel aviv with more. this feels like it has been building. are we looking at a possible imminent situation? >> yeah, dana, good morning. as the war in gaza winds down, northern israeli cities like haifa are preparing for the possibility of a larger war with the iran-backed group hezbollah. as hezbollah continues to attack northern israel, the iran-backed group is threatening israel's third largest city of haifa with sensitive locations in their sights. >> if these are specific locations, next to the fort and next to other issues that we have things that we have around here, and we know that if there will be a war this area will be probably attacked by missiles. >> this doctor is the director general of the hospital in haifa. his facility is getting ready to treat patients in the event of an expanded war with hezbollah. right now we're in the parking garage of the hospital in the city of haifa. this underground facility is capable of treating more than 2,000 patients in the event of a larger war with hezbollah. the cars have been replaced with operating tables. an intensive care unit. deliver reroom and triage points throughout. this hospital is preparing for the possibility of a broader conflict. >> so we sit over here with the ems people, the fire brigade, police and home command and we have total control. >> across town the haifa municipality is operating in underground call center ready to respond to disaster. the mayor of haifa was also running the city during the second lebanon war in 2006. he says this time will be different. >> my message is stay calm, trust that we know what to do, we experienced it in the second lebanese war and follow the instructions. >> the israelis expect to be hit with up to 4,000 incoming missiles and rockets each day if a broader conflict erupts, dana. >> dana: thank you for watching that for us and we'll stay in touch with you and be safe. >> bret: a warning to president biden. governor gretchen whitmer reportedly telling the campaign her state of michigan is now out of reach. the battleground state crucial for him to win re-election in november. according to "politico" whitmer had phoned with more of an unambiguous sos to replay michigan in the wake of the debate was no longer winnable for biden. here with reaction senior writer noah rothman. good morning. that is quite something. we're seeing a lot of these reports about the internal democratic freak-out. >> yeah, but this one is a political earthquake if it is reported as accurate. it is not necessarily a quote. jonathan martin's report indicated that whitmer has said that michigan is off the table. if that's off the table re-election is off the table for joe biden. there is no path for him and if michigan has fallen out of his column, so, too, has pennsylvania, possibly even wisconsin. i can imagine joe biden's allies are positively livid with gretchen whitmer today. she is raising her profile by giving these remarks. at a time when she is being considered, among others, as possible last-minute substitutions for the president if he were to abdicate and kamala harris were to somehow go with him. all of it seems fanciful. nevertheless, gretchen whitmer giving it more oxygen, probably the most prominent democrat to do so. it suggests perhaps that there are efforts underway behind the scenes even as prominent democrats are lining up behind joe biden and saying the path of least resistance is to ride into the election with him regardless of his obvious infirmities that there are efforts underway behind the scenes to shuttle joe biden off the stage. >> dana: she doesn't want to be blamed by the biden people later on if michigan doesn't work out for them because michigan is key to the president's path to 270. if it's off the table, as you say, everything then is off the table. what do you think about the character of the people of his family who obviously leaked out that they thought campaign aides were to blame for biden's performance rather than realizing what was actually happening in front of everyone's eyes? >> as trey said in the last segment, it is opportunistic and unbelievable, incredible. it wasn't debate prepped, too much prep, not enough prep that led joe biden onto the stage to say he presided over an administration where no americans had died in combat. that's false and crazy if he believed it and he seemed sincere he has internalized some misapprehensions he seems whetted to are misapprehensions. that's not debate prep, that's simply the pressures of the moment and joe biden's infirmities getting in the way of his mouth. the big saving grace for joe biden here is that his mental decline is the worst-kept secret in american politics. you can imagine most voters who are responding to polls saying they will pull the lever for joe biden internalized his own lack of acuity and priced it into the vote. it was a jump ball before this debate. i suspect that donald trump will have a bounce out of this but it might be a limited one just by virtue of the fact that joe biden is who he is and voters have already understood his acuity is rather limited. joe biden might be able to point to some polls in a couple of days and say the race hasn't moved. will you guys need to calm down. all you guys freaking out and bed wetting relax and ride into the election with me. what other options do you have? if the bottom does fall out you can imagine joe biden's family will be quotes on the record and off the record about joe biden's family misleading him and leading the country astray and attempting to hold onto power at the expense of the party's health and the political health of the country. i suspect we're 36 hours out from that news cycle. >> bret: the hold on part is definitely happening from what we hear. on the other side of the aisle, nikki haley has a warning for republicans. she has this speaking to the "wall street journal." they will be smart about it and bring somebody younger, somebody vibrant, somebody tested. this is a time for republicans to prepare and get ready for what's to come. there is no way there will be a surviving democratic party if they allow joe biden continue to be the candidate. maybe a last ditch effort to get on the ticket. either way it's interesting. >> she is right. i wouldn't call republican exuberance irrational. there is a sense among republican partisans the election is theirs to lose now. they could be right. if joe biden were to exit the amount of variables at play are impossible to game out. as i said previously it was a jump ball even with joe biden's infirmities obviously on display. republicans would be wise to prepare for the possibility that democrats rally around the prospect of a second nominee even if it's kamala harris. you can foresee a news cycle where democrats are enthused by the historic nomination of this black south asia woman who represents the shattering of the glass ceiling. she will revive their party's chances to say nothing of an unknown quantity like gretchen whitmer or others taking the reins. you will see democrats coalesce and it may make the polling landscape more competitive. not necessarily it will last into the election but you can see a moments of relief and enthusiasm over taking the party and reflected in the polling. republicans should prepare for all event -- anything can happen in the next couple of months. nikki haley is right to prepare us for the possibility of the unexpected. >> dana: at least it is interesting. thank you so much. next hour the supreme court meeting for the last time this term. the presidential immunity ruling is one of the only decisions standing in the way before hanging up their robes for the summer and speaking of vice president harris, her attempts to appeal to a key demographic creating laughs but for the wrong reasons. >> girl, i'm out here in the streets and let me tell you, you are right, there is so much at stake in this moment. lord, you know what's on our hearts. you know where we struggle. you know where we need to be pushed. help us give it all to you. the good, the bad. help us turn to you in everything. amen. you should join me in more prayer on hallow. stay prayed up. let's get started. bill, where's your mask? 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>> i'm out here in the streets and you are right. there is so much at stake in this moment. the majority of us believe in freedom and equality but these extremists, as they say, they're not like us. >> they're not. >> there is a full on attack on our fundamental freedoms. the freedom to vote. >> bret: florida congressman byron donalds joins us. what do you think? >> they have to do something. they're hemorrhaging black voters in a way that puts their re-election prospects at risk. look, i just think it is ridiculous. kamala harris had a job, the border czar, didn't do that job. our border is wide open. instead of trying to do the award shows and make yourself look like you are connecting, how about doing the job? that way the american people can see you are worthy of being reelected. i don't think that's the case. donald trump will be the next president of the united states. but when they do things like that it makes them seem as phony as a lot of people know that they are. >> bret: a lot of people on the left focusing on the former president's performance at the debate going through fact checks and say all the things he said wrong and they say lied about. but there is also something on black jobs that he talked about that undocumented illegal immigrants would be taking black jobs and they were saying what are black jobs? how do you define that? >> first of all, what the president was talking to were jobs where you are dealing with people who are coming into the labor force, lower skilled jobs as you move up the ladder. it isn't a black job per se and talking about the fact if you look at where joe biden and cochl hair have moved illegal immigrants it's heavily urban areas. they are populated with black people, hispanic people, white people and all those jobs in those areas, that's where those jobs are going away because you are bringing in low skilled labor at a lower cost per hour so employers may or may not decide to bring in somebody with low skills and what that does is harms the labor market for people who live in urban corridors. that's harmful to black and hispanic people and white people in our country. that's what he was talking about. they are trying to spin something because joe biden looked ridiculous on the debate stage and we know that they have major problems going on over there. >> bret: the biden campaign is out with an email saying this. the headline seven things to tell your friends after the debate and four things you can do. it goes on to say the bed wetting brigade is calling for joe biden to drop out. that's the best possible way for donald trump to win and us to lose. it would lead to wakes of chaos, internal food fighting and candidates who limp into a brutal floor fight at the convention. as a republican do you want joe biden to stay in? >> look, first of all that's their decision. i have my own concerns about whether joe biden can continue to do this job as president for the next four to six months until the next inauguration. i have serious concerns about that. but they have a decision to make over there. i think a couple of things. democrat voters have voted and chose joe biden to be the nominee. democrat national committee blocked any other democrat from running and kicked rfk out of that race. now they are stuck with him. if joe biden and his family want to put themselves over the entire country, that is a decision that they make. but if you look at the agenda, bret, and you look at what they have actually done these last 3 1/2, four years, you can already tell that joe biden has only been concerned with the radical democrat agenda, not what is in the best interests of the american people. that's why he will lose this race whether he stays in or some other democrat will lose this race. the agenda has been a failure for the american people. >> bret: congressman byron donalds, we appreciate your time. >> thank you. >> dana reads sports. >> dana: well, it is goodbye to the usa gymnastics team following the olympic trials. five women stuck the landing to the roster including simone biles making her anticipated return on the world stage after dropping out of the tokyo games in 2021 and she will be joined by three others who competed in japan on what some are calling a redemption tour fighting for gold after placing silver three years ago. i'm excited to see all that they are going to do. they had a few injuries but i think they are going to stick the landing, bret. >> bret: isn't it cool to focus on the olympics and usa possibly winning? it feels good. >> dana: instead of our country falling apart. i think it's great, absolutely. we have other things in store as well like the next story you have. >> bret: hurricane beryl churning closer to the caribbean bringing potentially catastrophic wind damage and storm surge. we'll have an update on the storm's path. a fiery response to the first round of elections in france. why thousands of protestors are pushing back against the outcome. 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(♪) (♪) sandals rhythm and blues caribbean sale is now on. visit sandals.com or call 1-800-sandals. ♪we can secure our world.♪ ♪when it's time to update an app,♪ ♪don't you hesitate, do it asap.♪ learn more at cisa.gov/secureourworld ♪that's how we can secure our world!♪ ♪we can secure our world.♪ ♪when you choose your passwords♪ ♪make them strong.♪ ♪use a password manager to help you along.♪ learn more at cisa.gov/secureourworld ♪that's how we can secure our world!♪ >> bret: high tensions in paris sunday after france's national rally surged to a lead in the first round of legislative elections. protestors set fires and launched fireworks to voice opposition to the party which now stands that much closer to a position of power in the government. greg palkot is live in london with the latest. good morning, greg. >> a right wing party scoring a very big win in parliamentary elections over the weekend in france. the populist national rally led by le pen coming in first with 33% of the vote amid a big turnout. nationalist line. the cost of living, crime. resonating with the french people. the party of centrists coming in third. he called the snap election after the right leaning party did well in an e.u. vote last month. while he has another three years in office, this political gamble might cost him control of the parliament. coming in second a left wing group including a hard left party. they gathered some 28% of the vote with their tax, spend and class war fare approach that rang true to a lot of folks. they protested if possibility of the national rally coming into power for the first time ever concerned about what they call the party's divisive and polarizing appeal. run-up elections are set for next sunday. still with the country facing a range of social and economic issues, many in france seem to be willing to take the risk on something new to deal with some long-running problems. bret. >> bret: greg palkot in london, thanks. dana. >> dana: fears of down ballot damage. democrats worrying that president biden's bad debate could hurt their chances of keeping the senate and flipping the house. dave mccormick is a republican senate candidate for pennsylvania and i want to just play for you last night john fetterman yesterday morning with shannon bream of "fox news sunday." he is like there is no problem here. watch. >> the only poll that's really going to matter is election day and the polls changed and inverted in my race as well. and here i am as a united states senator. i just got back from israel a couple of days ago and that's why i want to remind everybody that one debate does not define a person's record or the kind of person or the situation. >> dana: you, though, have an opponent in bob casey, the incumbent senator there. he describes himself as president biden's best friend. this is a part of an ad you put out yesterday. >> joe biden to make the case he is not an elderly well-meaning gentleman. >> no question is prepared to do the job today and would be were he reelected. >> dana: since last week, dave, as i understand it, senator casey has not said one word about the debate? >> he has been silent. good morning, dana, how are you? listen, i don't any any american can watch that debate and not feel saddened. as a combat veteran and west point graduate and served in the military i worry about seeing our commander-in-chief who seemed dazed and confused. the thing you are pointing to is this conspiracy of silence. bob casey has been campaigning with joe biden, he has over and over again such close friends with joe biden and yet never said that really joe biden is going to struggle to be the commander-in-chief and now when joe biden shows that to the world, bob casey is silent. he has a track record of being silent. i think it is important the people of pennsylvania know that bob casey has not been forthright about this even as they contemplate who should be at the top of the ticket and whether these old, tired ideas of them are right for america. >> dana: you this i the biden cabinet should consider the 25th amendment which would say everybody gets together and says the president, commander-in-chief is not capable of doing this job and has to go? >> first and foremost get above the politics of this. what we saw as our commander-in-chief struggling. if that's the kind of engagement that the secretary of defense, attorney general and secretary of state are getting in the situation room, yes, i think they do. they have a responsibility. good lord, we are faced with threats and challenges from around the world. i can't think of a more dangerous time. we are being tested and will be tested for the remainder of president biden's term and they need to assure us, his cabinet needs to assure us, that president biden is up to the job. >> dana: even last night we have reports of an imminent terrorist threat against u.s. bases across europe, a very serious thing indeed. the philadelphia enquirer one of the daily papers and biggest in terms of circulation they think the person that should drop out of the race is former president trump saying that to serve his country donald trump should leave the race. biden had a horrible night thursday but the debate about the debate is misplaced. the only person who should withdraw from the race is trump. i'm assuming that you hear quite differently from republican constituents there and voters in pennsylvania. go ahead. >> not just voters but across the board. i think if you look at this moment, this is an election about the future. and i don't think anyone is happy with where the country is. 80% of pennsylvaniaians think the country is going in the wrong direction. who can lead us into the future? you look at the wide open borders, economy, 60% of people in pennsylvania are living paycheck to paycheck and prices up by 20%, people want a vision for economic opportunity for all, for an economy that works for everybody. for secure borders that keep us safe or opportunity to develop our fossil fuels, which would be incredible for pennsylvania. and that's what president biden has failed to put forward and i think president trump has done a very good job of pushing an agenda and vision for the future. that's what america needs is a vision for the future. and competence in the white house to be able to carry it out. i'm afraid that really afraid that president biden doesn't have either. >> dana: well, as i said earlier, it is certainly interesting. the down ballot effects of biden's performance are something to watch. dave mccormick in pennsylvania, thank you. >> thank you so much, dana. >> bret: all eyes are on a powerful category 4 hurricane that could have impacts along the gulf coast this week. a adam klotz is tracking it. >> a massive storm. as we speak right now maybe getting within the next couple of hours of our first landfall with the powerful storm. winds at 130 miles-per-hour. those are the wind ward islands. the southern tip of the caribbean islands as the storm continues to track off towards the west/northwest at 20 miles-per-hour. a small storm as far as the diameter but massive storm when you talk about wind speed and possible damage. everything in the red is the hurricane force winds. not quite to the island yet even though we're close because it is such a small, compact storm. they will experience those quickly. currently looking at winds up to 30 miles-per-hour. we're waiting for the strong winds to get there any moment and you will be talking about the eye of the storm moving across these islands in the next couple of hours. once you see this category 4 run over the island, incredibly rare. we have only seen two storms of this size ever since 1850. this is very rare as we'll be seeing one more move through. i want to leave you with the forecast over the next couple of days. where will this head? we'll be back over the caribbean. once we hit the lesser antilles. eyeing mexico probably by thursday night into early friday morning. this is going to be a long tracking storm moving across the caribbean. for right now the lesser antilles over the next couple of hours to see landfall of this major storm. >> bret: we'll watch it. thank you for coverage of hurricane beryl. download and stream fox weather. >> dana: any moment the supreme court is set to issue one of the biggest cases in recent history, the limits of presidential power. stay with us, we'll be right back. ♪ ♪ ♪ i'm gonna love you forever ♪ ♪ ♪ c'mon, bear. ♪ ♪ consequential . show off to the world. ask your eczema specialist about dupixent. (tony hawk) skating for over 45 years has taken a toll on my body. i take qunol turmeric because it helps with healthy joints and inflammation support. why qunol? it has superior absorption compared to regular turmeric. qunol. the brand i trust. >> bret: as we await a security decision on former president trump's immunity claim another ruling could help cities tackle homeless encampments. we're live in los angeles with that. good morning, william. >> good morning, bret. the court ruled it is not cruel and unusual punishment to ban the homeless from sleeping on city streets or parks and a big win for cities that spent millions on affordable housing and shelters only to watch the homeless overtake neighborhoods and down towns. >> those who want to linger on the streets of san francisco and set up their encampments and not be moved and wreak havoc on communities, we'll do everything we can to remove them. >> it restores authorities back to locally elected leaders for them to make the decisions about what is best for that your unique communities in relation to the homelessness issue. >> so in overturning a ninth circuit decision they said federal judges can't dictate the nation's homeless policy