this is nbc "nightly news" with lester holt. good evening, everyone we're following several major stories tonight including for the first time charges of seditious in the u.s. capitol the leader of a far right group facing serious charges. we'll get to that in a moment but first a big blow to the white house covid strategy the u.s. supreme court today blocking enforcement of the president's vaccine and testing mandates for large employers ruling the requirements go too far. it is a decision impacting more than 80 million workers. but the court also leaving intact a separate vaccine mandate for most of the nation's health care workers the ruling is announced as the number of fully vaccinated americans reaches more than 208 million, close to 63% of the population. let's get late details now from gabe gutierrez. >> reporter: three days after the biden administration's covid vaccine or test mandate for private companies with more than 100 workers started to take effect, today the u.s. supreme court blocked it, writing that osha, the occupational health and safety administration, did not have the power to regulate public health the mandate had affected some 80 million americans, including james cockers' employees at his florida company. >> i saw this mandate from the beginning as the greatest example of government overreach. >> reporter: president biden called the ruling disappointing, arguing that if his administration had not put vaccination requirements in place, we would now be experiencing a higher death toll from covid-19 and even more hospitalizations the ruling was 6-3 with the six conservative justices in the majority. and the 3 liberal justices dissenting. but in a separate 5-4 decision, the high court allowed similar covid requirements to stand for medical facilities that take medicare or medicaid payments. >> it will cover 17 million health care workers at 76,000 medical facilities the supreme court upheld it and we will enforce that >> reporter: it all comes as the biden administration scrambles to fight a frustratingly resurgent pandemic, vaccine disinformation and a highly transmissible variant. while the most recent data suggests that omicron may be leveling off in some east coast cities, overall cases and hospitalizations remain high nationwide now the president is sending in the military, the hospitals in six hard hit states, including the cleveland clinic, the university of new mexico and rhode island hospital. and he says his administration will make higher quality masks available to americans for free. >> i know we all wish that we could finally be done with wearing masks. i get it but they're a really important tool to stop the spread. >> gabe, let me take you back to that supreme court ruling today. what is the bottom line for big businesses here? >> reporter: well, they can still impose vaccine mandates and testing requirements if they want to. but with today's ruling, the federal government can't force them to do it. lester >> gabe gutierrez tonight, thank you beyond the military assistance and masks, the president said he's ordering one billion test kits and that insurance companies will pay most people back for the ones you buy yourself but how practical is that tom costello has more. >> reporter: the latest all-out push to contain the pandemic president biden adding another 500 million rapid test kits to the 500 million already on order. a billion in total >> we're on track to roll out a website next week where you can order free tests shipped to your home. >> but earlier on today, nbc's craig melvin asked vice president harris about those kits. >> do you know when those are going out? >> shortly they're going to go out shortly. they have been ordered. i have to look at the current information. i think it's going to be by next week. but soon, absolutely soon and it is a matter of urgency for us. >> should we have done that sooner? >> we are doing it. >> but should we have done that sooner >> we are doing it >> reporter: the white house promising eight test kits for every american for free. roughly 180 million americans have private insurance, sending 8 kits to each person would add up to 1.4 billion kits every month. blue cross blue shield tells nbc news this is not an easy task in such a tight time line we're also concerned that this will overburden retailers who are experiencing supply issues and workforce shortages. then there is the cost. >> there is no such thing as a free lunch. sort of like death and taxes. when insurers spend more on health care, they turn around and reserve them >> reporter: that means we are likely to all pay for it maybe next year? >> that's right. >> reporter: medicare isn't paying for at home tests local americans are encouraged to go to sites. though at many, lines are agonizingly long but with omicron leveling off, some infectious disease experts think the president's testing push may not be needed much longer. >> it is a little late, actually, to bring testing in now the simplest way to do this is, one, get vaccinated. >> reporter: tests and masks are critical to reopening schools and businesses but experts say if you can't get a test and if you feel sick, assume you are covid positive and isolate for at least five days lester >> all right, tom. thanks for that. now to our other top story on this busy news day federal prosecutors filed the most serious charges yet in the capitol attack against members of a far right group accused of conspireing to storm the building. here's pete williams >> reporter: it is the most high-profile charge yet stemming from the capitol riots. stewart rhodes of texas is in federal custody tonight, accused of conspireing with 10 other members of the group to carry out acts of violence to stop congress from formally carrying out the president. they're charged with the crime of seditious conspiracy. >> while all conspiracies are serious, a seditious conspiracy, an unusual federal charge, not often brought, is even more severe. >> reporter: as early as two days after the election, prosecutors say rhodes reached out to his leadership team with this encrypted message. we aren't getting through this without a civil war. he messaged the team, we need to make those senators very uncomfortable with all of us being a few hundred feet away. the day before the riot the fbi says one of the oath keepers drove around the u.s. capitol on a reconnaissance mission. on january 6th, the government says, as rioters began breaking through police lines, rhodes messaged his leadership saying the nation's founders stormed the governor's mansion in massachusetts. a short time later, oath keepers began working their way into the capitol in two groups lined up in military style formation. stewart rhodes remained outside the building but in the hours after the riot, the government says, he met with his team to plan further violence in the following weeks, prosecutors say he spent more than $17 million buying weapons and ammunition and on inauguration day, they say he messaged after this, if nothing happens, it is war, civil war 2.0. his lawyer says tonight the evidence doesn't support the charge last year rhodes says members of his member went off mission by entering the capitol and that he never instructed them to do so. >> pete williams tonight, thank you >> this evening the top house republican is refusing to cooperate with a january 6th committee about his contacts with former president trump during the attack our garrett haake is at the capitol with more tonight. >> reporter: top house republican kevin mccarthy defiant tonight in request for testimony from the january 6th committee. >> there is nothing that i can provide the january 6th committee for legislation of them moving forward. there is nothing in that realm it is pure politics of what they are playing. >> reporter: mccarthy's refusal now to detail his conversations with willing to testify about your conversation with donald trump on january 6th if you were asked by an outside commission >> sure. next question. >> reporter: the republican leader now in refusing to cooperate. is this problematic if all house republicans refuse to talk to them >> yes we will seek the truth. we will find the truth. >> reporter: now the committee who say they have conducted nearly 400 interviews must decide what steps they are willing to take to secure those of their colleagues what is the conversation about whether or not they can or will be issued a subpoena to come testify. >> at its core we really think that folks shld the committee issued subpoenas to four special media companies seeking information on how their platforms were used in the lead-up to the attack lester >> garrett, thank you. for president biden, another major roadblock on capitol hill tonight after an all-out push for democrats' voting legislation. the president unable thus far to unite his party to pass it peter alexander is at the white house. >> reporter: president biden on the hill to deliver a sales pitch. instead tonight signaling surrender for now on his push for democratic voting rights legislation >> i don't know that we get it done but i know one thing, as long as i have a breath in me, as long as i am in the white house, as long as i am engaged at all, i'm going to be fighting. >> reporter: the president once again unable to get his own party to pass a key priority before he went to the democrats at the capitol today kyrsten sinema took to kyrsten sinema took to the senate floor, reiterated her opposition to changing senate rules that would have allowed rights bills on their own, arguing the filibuster promotes bipartisan ship. >> while i continue to vote these bills, i will not support separate actions that worsen the underlying disease of division infecting our country. >> reporter: sinema expressing frustration that no republicans backed the voting rights bill but also delivered this critique about her democratic colleagues. >> i wish there had been a more serious effort on the part of democratic party leaders to sit down with the other party and genuinely discuss how to reforge common ground on these issues. >> reporter: but leading democrats countered that tonight saying they tried to get republicans onboard for months meanwhile, the other moderate hold-out joe manchin praised sinema. >> she did an excellent job. >> reporter: tonight the other senate democrats frustrated and demoralized. and the white house just announced that manchin and sinema are meeting with president biden tonight. lester >> peter alexander at the white house, thank you in london damage control by buckingham palace today. queen elizabeth stripping prince andrew of his military titles and other roles. the decision described as mutual as he faces a lawsuit by a woman who claims he sexually assaulted her. keir simmons has the latest. >> reporter: tonight humiliation for the queen's second son royal sources confirming to nbc news he will no longer be called his royal highness, a title he was born with. buckingham palace saying in a statement, with the queen's approval and agreement, the duke of york's military affiliation and royal patridges have been returned to the queen. the statement ending he is defending this case as a private citizen. virginia giuffre is suing prince andrew for alleged sexual assault when she was 17 years old. she says she was trafficked by the prince's friend, the late jeffrey epstein. >> it was a really scary time in my life. i had just been accused by a member of the royal family. >> reporter: the allegations continued despite prince andrew's years of denials including saying he doesn't remember this photograph with giuffre and ghislaine maxwell who was convicted last month on federal sex trafficking charges. >> i have no recollection of ever meeting this lady, none whatsoever. >> reporter: the dramatic palace announcement comes a day after a u.s. judge rejected the prince's bid to have the case thrown out, potentially leaving him to face cross-examination in court this was a day the queen wanted to avoid, but the palace clearly believes the damage to the royal family is too much a source close to prince andrew says he will continue to defend himself. but tonight it looks like he will have to do so alone lester >> all right keir simmons in london thank you. in just 60 seconds, the new winter storm threat facing much of the country al roker will map it out for us. and why thousands of grocery store workers have gone on strike we're tracking a winter storm with major impacts across much of the u.s. heading into the weekend al roker is with us. al, what are you watching? >> we already have 16 million people under some sort of winter weather advisory or warning from the dakotas all the way down to the carolinas. this low pressure going to slide out of canada and bring significant snow from the northern plains to the u.s anywhere from 4 to 8 inches of snow from the dakotas in iowa. but some places up to 12 inches of snow. we're looking at this bringing really a significant icing possible from the southeast into the carolinas. nashville will be involved, may get some significant snow as well here is the weather wild card. on monday, sunday night into monday afternoon, we're watching this low slide up into the north. rain snow, gusty winds we expect heavy snow from interior new england into the appalachians but, lester, if this slides to the east, we could be looking at a major snow along i-95 for the morning rush on monday >> we'll be covering it, al. thank you very much. there is an alarming new report out on climate change 2021 tied for the sixth warmest year on record perhaps more importantly, the last eight years were the eight hottest on record. and the scientists tell us there is a 99% chance this year will be among the ten warmest as one of them put it the long-term trend is very, very clear and it is because of us. we want to turn to the standoff involving a major super market chain. thousands of employees becoming the latest members of the american workforce to walk off the job. emilie ikeda with what they're demanding. >> reporter: the so-called year of the worker presses in 2022 as more than 8,000 workers at kroger's are now on strike in colorado. >> who's got the power >> we got the power. >> reporter: they're demanding higher wages as essential workers in the pandemic. >> it seems like people just don't matter. they just want their product >> reporter: the strike is the latest in a wave of labor union demonstrations from john deere to kelloggs and nabisco. how has the pandemic awakened this worker empowerment? >> it is really very much the product of a tight labor market that has increased the leverage of workers we're seeing this in record levels of quits as well as record levels of hires. >> reporter: workers are making a stand at a time when stores are struggling to stock shelves and a strike could grow in the coming days. >> they're essential workers, but they're being treated as sacrificial and disposable workers. >> reporter: a new study commissioned by the union indicates more than three-quarters of kroger workers are food insecure. kroger calls that report misleading and released its own research showing that kroger pays more than its peers and and it pushes back against the strike. >> nobody wins not our customers, not our associates, not the union and not the company. >> reporter: the grocery's final offer increased wages by $4.50 an hour. and boosted starting pay to $16 an hour. the union rejected the proposal. leaving kroger's scrambling to find workers as omicron fuels staffing shortages nationwide. emilie ikeda, nbc news. up next, the growing threat from homemade bombs. there is a new warning out about the terrifying rise in homemade bombs here's ken dilanian. >> reporter: this is what a homemade bomb can do the device destroyed parts of downtown nashville during christmas of 2020 was built using materials found at retail stores authorities acknowledged they missed warning signs that could have stopped the bomber who killed himself in the blast. tonight the fbi and department of homeland security are teaming up, asking for help to prevent the next one operation flash point is helping merchants flag up usual purchases of key ingredients like fertilizers or drain cleaner. with domestic extremism on the rise, bombing is also rising there were more than 400 bombing incidents in 2020, up 71% from the year before. >> certainly in my professional career, i think this is the highest it's ever been. >> reporter: extremist sharing bomb making instructions online. here at the fbi's explosive training range, law enforcement agencies work to stay ahead of the growing threat from homemade bombs. they're simple to make but they can be just as destructive as military weapons. >> the bomb threat is there. it's not going away. it's big >> reporter: agent lisa parker shea works for the fbi chuck is with dhs. >> every one of these bombings there were traces and ways they went about to get those materials. they have to get the materials in order to make a bomb. >> reporter: authorities say retailers have the best opportunity to spot potential bombers. >> we definitely want to pay attention to people buying the fertilizer. >> right now we have about 250,000 stores nationwide that sell products containing these explosive precursor chemicals. and we need them to report when they see suspicious behaviors around this. >> reporter: in nashville no one else was killed, but authorities are worried they won't always be so lucky ken dilanian, nbc news quantico, virginia. up next for us tonight, how a kitchen is bridging the gap for new refugees finally tonight, a restaurant with immigrant roots paying it forward and inspiring america. here's kevin tibbles >> reporter: serving up a heaping helping of good old compassion and the flavors of a far away home. philadelphia's general tsao's may be a chinese takeaway, but these days there is something extra cooking, authentic afghan dishes prepared by afghan chefs to feed the city's growing afghan refugee population. 20 years ago, owner dan chow came to america. >> tsao and his business partner also run a small catering business that supplies local resettlement agencies, providing some 300 afghan refugees two meals a day. 4,000 a week. >> when someone displaced from around the world has some of their creature comforts around the world and culturally appropriate food is one of the most meaningful evocative and emotional things someone can have >> reporter: delivers comfort food to those facing a new challenge of life in america. >> it may sound simplistic, but sometimes a certain grain of rice you are used to can be a boost to your spirits. >> reporter: in the city of brotherly love, it is nutrition for the soul kevin tibbles, nbc news. that's "nightly news." a reminder, you can catch a new episode of "nightly news" kids edition streaming now. thanks for watching, everyone. i'm lester holt. please take care of yourself and each other good night ♪♪ thousands of women with metastatic breast cancer are living in the moment and taking ibrance. ibrance with an aromatase inhibitor is for postmenopausal women or for men with hr+, her2- metastatic breast cancer as the first hormonal based therapy. ibrance plus letrozole significantly delayed disease progression versus letrozole. ibrance may cause low white blood cell counts that may lead to serious infections. ibrance may cause severe inflammation of the lungs. both of these can lead to death. tell your doctor if you have new or worsening chest pain, cough, or trouble breathing. before taking ibrance, tell your doctor if you have fever, chills, or other signs of infection, liver or kidney problems, are or plan to become pregnant, or are breastfeeding. for more information about side effects talk to your doctor. ♪♪ be in your moment. ask your doctor about ibrance. i'm raj mathai. next on nbc bay area news tonight when will the covid surge start slowing down? experts are looking for signs in unusual places. plus, how are our hospitals faring? >> some individuals have to take additional shifts. that is just sometimes more taxing. >> we get inside information from one of the south bay's biggest hospitals. and covid testing, not enough open appointments and extremely long lines. we've uncovered why testing clinics are still struggling to keep up with the demand. also -- >> after 28 trades and all the ups and downs i finally did it. >> reporter: she started with a bobby pin, kept trading, and ended up with a house. we are talking to the san francisco woman who documented it all on tiktok.

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