pelosi. plus. >> the poll that matters is the poll that is taken on november 8 at 8:00 p.m. >> a deep dive on those attention grabbing poles. we have pollsters from both parties hereto explain what the numbers can and cannot tell us ahead of november 8. republican kellyanne conway joins us live. republicans aim to win the house and senate but they have yet to overcome razor thin origins and key races. democrats caught on a hot mike reassuring president biden they can hold on. asking republican national committee chairwoman whether her party can close the deal. we will get reaction from democratic senator chris coons who has been on the trail helping a senator in a tight race. plus, elon musk takes the helm of twitter. wilkie gave former president trump back his megaphone. we will ask our sunday panel what happens now that the billionaire free speech advocate is in charge. it could be the biggest supreme court case this fall. arguments in college admissions. the potential impact on kids applying in school all right now on fox news sunday. ♪ shannon: hello from fox news in washington. big-name republicans and democrats are swarming the campaign trail this weekend selling their vision to voters. trying to prevent it from flipping red. that heat is on over the battle of a 5050 senate. both parties on edge as races in georgia, pennsylvania and arizona all appear to be a jump ball. a frightening seeing in san francisco. nancy pelosi's husband violently attacked in their home. leaders quickly condemned the attacking americans find themselves reminded that lawmakers and leaders are both sides of the aisle faced increased threats of violence. we will break it all down for you with our bipartisan polls for panel. in just a few minutes we will speak with rhonda mcdaniel and then democratic senator chris coons a close confident of president biden. rich edson's live in pennsylvania's capital where senate races coming down to the wire. first to lucas at the white house with the president's reaction to the attack inside the home of speaker of the house. >> officials say an alert 911 dispatcher this attack could have had a different outcome. >> president biden speaking in philadelphia hours after the attack. >> too much violence. political violence. too much hatred. too much vitriol. >> the suspect broke into the pelosi home in san francisco around 230 early friday morning. nancy pelosi husband 82-year-old paul pelosi called 911 from the bathroom moments after the break-in. the attacker calling out where's nancy. when police arrived they found pelosi and the assailant struggling over a hammer. police say he was able to gain control of it in strike paul pelosi in the head before being tackled by police. popple losey had successful surgery and he also suffered injuries to his hand and right arm. he is expected to make a full recovery. the latest violence came five months after a man attempted to assassinate brett kavanaugh. threats against lawmakers have more than doubled since 2017. on the campaign trail, former president barack obama condemned the attack. >> if our rhetoric about each other gets that mean, when we don't just disagree with people, but we start demonizing them, making wild, crazy allegations about them, that creates a dangerous climate. >> san francisco police chief credited the dispatcher for her quick thinking. >> her actions resulted in a higher priority dispatch and a faster police response. i think that this was lifesaving >> making his first court appearance on tuesday. facing multiple charges including attempted murder. >> thank you. we now go live to rich edson who is on the campaign trail in harrisburg pennsylvania. >> pennsylvania will have to be big enough this week for two former and one current president democrats and republicans in the general election campaign here and nationwide have been distancing themselves from the parties more unpopular presidents and now that is becoming unavoidable. >> fetterman is pennsylvania. >> at tuesday's pennsylvania debate between john fetterman and republican doctor oz, on full display. as they campaigned across pennsylvania, the political heavyweights are now showing up. president biden and vice president harris till friday night fundraiser in philadelphia former president obama in philly and pittsburgh next weekend. for obama, part of a campaign to swing states nationwide. >> it is good to be back in wisconsin. campaigning for democrats in georgia, which -- michigan and wisconsin. ♪ republicans are also deploying their party stars. ron desantis campaigning for lee zeldon in new york. >> stop what the democrats have done in this country over the last few years. we have to elect doctor oz. >> trying to make this election about the president, biden maintained that it is not. that is something both parties can agree with. >> it is a choice. a choice between two vastly different decisions in america. >> jill biden is also getting involved here. wednesday she will hit both ends of the state at alan's town and for events. >> thank you so much. the president of lake research partner and senior counselor, i am so excited. >> for those of us who love crunching these numbers and watching these races, we are getting down to the finish line. they have their poll, the generic congressional ballot 49-45 in favor of republicans. that is a flip of what they had in the summer. they say that they break to the undecided voters at least this time around. we have polls showing the exact opposite right now. what do we believe and are there really that many undecideds left. >> they wait until the variance. maybe debates are still happening. you see some of the political heavyweights. essentially, the fundamentals have been favoring republicans for a while. voters very straightforward and uncomplicated. i am worried about rising costs and rising crime. for some voters it is abortion even cnn and other democrats have admitted that that has faded as a top issue, republicans have done a fantastic job recruiting diverse candidates. 70% of house candidates right now are voters -- excuse me, candidates of color and/or female candidates. we have a lot of veterans. the surgeon the republican party where voters are getting really excited. they say upwards of 40% hispanics and 21% of african-americans are right now favoring the republican candidates for office. this is a real realignment of voters who are longtime constituencies of the democratic party they can rely upon. i think the fundamentals continue to favor the republicans in 2020. not a single house incumbent loss. we flipped 15 from blue to red. that could happen again. not a single house or senate republican can lose incumbent. one or two that are little bit of danger in the house, but think about that. looking at 20-22 taking over the house and senate. >> okay. that is the prediction. we will dig into some of the numbers about demographics, too. people are little bit suspicious many observers have a sneaking suspicion that some rig their service in the hope of shaping the eventual election outcome. they point to the race, she was losing in the polls by five-10. she won by nine. people are suspicious. >> people should be suspicious. the best thing to do is look at the average of the polls. it is a jump ball. dead even. what is the most important thing right now is the turnout. the biggest asset that we have is when president obama, jill biden, doctor biden go into these places, it really energizes democrats. democrats in georgia and democrats in wisconsin feel a lot better today after curing ex-president obama. i think what is really important is who will turn out. we know that the republicans are energized. if we just got every voter that voted democratic in 2018, we would win. vote your conscience. >> no reliable crystal balls. >> that is exactly right or we would make a lot more money and we would be in vegas right now. [laughter] >> let's talk about some of these constituencies. these voting blocks. democrats are growing anxious again over black turnout. a poll by politico last week, just 25% of black registered voters describe themselves as extremely enthusiastic and voting in this election. i spoke with stacy abrams. she is getting accusations from within the black community that democrats have taken them for granted as voters. you cited the numbers, kelly and. is there really a shift there? >> a shift that they started with president trump. the second time than the first time. it is now the party of the worker. the job creator, job seeker and job holder. there is something else going on. i don't know why and i don't know how, but the democrats in this white house have ignored voter concerns for the better part of a year. they have very plainly said to pollsters, we are worried about rising costs and rising crime. parents are still upset about lost learning and reduced test scores. a lot of their students, children, face these emotional mental health challenges within to be studied. we are parents. the democrats have been trying to make the election about abortion, trump my january 6 and climate change. trying to make the election about trump and abortion. they have been ignoring the role of voters. the new york times poll showed a 32-point shift among independent women month over month. >> if the generic -- the democrats have always relied upon the political gender gap. if women are starting to migrate towards the republican ideals and candidates, we have kathy houck a lot by one point she is under 50%. these are deep blue states. we are pollsters. if we were not good at what we did the free market would have kicked us out. i'm worried about media polls. no accountability there for the lack of accuracy in the last three years. i do worry that some people are using polls not to reflect in respect public opinion about to create and manipulate. let's be frank about what polls are. they tell you about the fundamental trends. it does not predict what is happening in november. >> let's talk about the hispanic vote as well. democrats losing nevada. democrats nationwide are increasingly struggling to hang onto their hispanic low. an economic message focus on jobs and inflation. >> first of all, i think the democrats have had a strong economic message for over a year. we have an economic record. we passed the inflation reduction act. we pass getting prescription drug prices down without both from republicans. we passed a crime bill and a gun bill without both from republicans. we have a record to stand on. what is really important is to make sure that that record and contrast gets revealed. i think president obama is a huge help in getting the african-american turnout up in the african-american voters solidified. i do think that the democrats need to have and continue to have a stronger economic message particularly around entrepreneurship and jobs. you see the president very strongly doing that. i think that that will make a lot of difference with latino voters. watch out for the women. the latinos are coming home really strong right now and turning out in record numbers. >> a lot of them are on the ballot, to. >> i could pick your brains for an hour. thank you both for being with us. republicans are growing cautiously more confident about winning the senate. a few candidates and critical races have to close the gap. we will sit down with rhonda mcdaniel and chris coons. next you don't have to wait until retirement to start enjoying your second act. with protected lifetime income from pacific life... ...imagine your future with confidence. for more than 150 years... ...we've kept our promise to financially protect and provide. so, you can look forward to leading a whole different type of team. talk to a financial professional about life insurance and retirement solutions with pacific life. ♪ ♪ mercedes-benz is turning electric... completely on its head. bringing legendary design... and state-of-the-art technology... to a fully-electric suv. the all-new, all-electric eqb from mercedes-benz. (driver) conventional thinking would say verizon has the largest and fastest 5g network. but, they don't. they only cover select cities with 5g. and with coverage of over 96% of interstate highway miles, they've got us covered. okay everyone, our mission is complete balanced nutrition. together we support immune function. supply fuel for immune cells and sustain tissue health. ensure with twenty-five vitamins and minerals, and ensure complete with thirty grams of protein. in a recent clinical study, pationpas patch reported reductions in pain severity, using less or a lot less oral pain medicines. and improved quality of life. that's why we recommend salonpas. it's good medicine. as both parties get ready to close out this last full week before the election the closing arguments are key. the economy, high gas prices and which party can make american life more affordable. democrats say they are the ones that are passing the laws that can be the solution. republicans say democrats have had their chance to last two years. we will speak with chris coons who has been out on the trail. first, kieran washington we are joined by republican national committee chairwoman rhonda mcdaniel. >> it's great to be here in person. congratulations on your show. >> we appreciate your time. i want to start with your attack. paul pelosi recovering from surgery. the washington post wasting no time. for many democrats the attack on nancy pelosi's husband represents the all but inevitable conclusion of republicans increasingly violent and threatening rhetoric towards their political opponents. still a lot we don't know about this case, but what do you make of that accusation? >> i think that that is unfair. people saying let's fire pelosi or let's take back the house saying go do violence. that is unfair. i think that we all need to recognize that violence is up across the board. we had an assassination attempt against brett kavanaugh. they did not repudiate that. joe biden did not talk about the assassination attempt against brett kavanaugh. this criminal would probably be out on the street tomorrow if this was not paul pelosi. lee zeldon's attacker was on the street right after he was attacked. we wish paul pelosi a recovery. we don't like this at it all. we don't want to see a tax on any politician from any political background. >> everybody needs to take down the language a little bit, the rhetoric. try to disagree on policy ideas, but not demonize each other. these were the headlines at the beginning of the year. red tsunami warning should worry democrats. how big will the republican flag be this fall. gop slips. on defense as chances of her red wave fade. most americans consistently saying polls that they believe that president joe biden and congressional democrats have mismanaged crime, the border and above all the economy and inflation. why isn't this a clear gop blowout at this point? >> we don't know. in 2020, we saw a red wave in the house. it put us five away from taking back the house. we are seeing that momentum, i feel it on the ground. people are very upset about crime, education, parental rights, the economy, gas prices. families that cannot afford rent, gas, groceries, halloween candy. notice they are not running on their record. i think the american people are looking at this and saying do we really want to give them this job again for another two years? that is why republicans have put forward a plan and i very confident that we will have great wins on tuesday november 8. >> we played a little bit of former president obama. more from him to come. echoing a line that we hear from the current president a lot. going after entitlement. here is what president obama said about people that work so hard for them and what your plan is. that needs to get social security. ron johnson does not understand that. if he understands giving tax breaks for private planes more than he understands making sure that seniors that i worked all of their lives are able to retire with dignity and respect. he has not the person who is thinking about un knows you and sees you and he should not be your senator from wisconsin. >> that is something that resonates with voters. they are very worried about entitlements. something that the white house democrats all the way down the ticket continue to talk about. they say they are pointing to your proposal. they are dealing with a huge issue with inflation. biden inflation. democrats pumping so much money into this economy and abandoning our energy independence which has caused prices to rise across the board and seniors who are on fixed incomes right now, they are hurting. they are hurting because a democratic policies. i run into people all the time that that cannot afford my groceries, my medicine that i need, to put gas in my car that is because of what democrats have done. they own it. the voters are so smart. they will hold them accountable for this economy which is a failing economy. >> if they take the house, take the senate, they can pass things. they can put things together. do republicans make the argument going into 2024 that you guys are actually the party that can get something done? >> we do hold the power of the purse in the house. instead of getting more border patrol agents, more teachers for the kids that have deficits, they have 87,000 irs agents. the house can stop that. joe biden has always talked about how we want to be unified and work across the aisle. this will be repudiation of the democratic party. they've had the rains for two years. they better recognize after come to the center work with us on behalf of the american people. that is what we are laser focused on. that is what we need a washington insider this partisan disaster we are seeing with rising crime, open border, drugs coming across. >> what are the seeds you have to pickup, pennsylvania. i want to give your chance to respond to the washington post commenting. mocking the speaking abilities of federman and biden. talking about them not being able to string together a full sentence. do you regret it all? >> i certainly want john federman to get better. they should be getting in front of the press and they are not. john federman is wallowing in the steps of joe biden. they are sitting in the basement, they are not getting in front of the voters and they are not being honest about their issues. he just lied about the fact he wants to ban fracking. lying about the fact he wants to put one third of the criminals back on the streets. they do need to get in front of the media and answered these tough questions instead of hiding so i hope that they do that. >> of president trump announces he will run in 2024 will there be a competitive gop primary? >> shannon, i'm not talking about 2024. it is all about nine days from now and the midterms. president trump has done 30 rallies with our candidates. people want to the scene with trump. he has raised so much money. he has raised hundreds of millions of dollars into the committees, so he is out working on behalf of other candidates to make sure that we win these majorities. >> we will see come next tuesday. we know it will take some time for all the dust to settle. thank you for making time to come in. joining us now is senator chris coons of delaware. welcome back to "fox news sunday." >> thank you. great to be on with you. shannon: democrats may not have expected they would be having some trouble. let's talk about new hampshire. a gop challenger. a republican victory in new hampshire would be a significant upset. in the northwest deep blue territory. the gubernatorial race. voters are fed up with democrats. i do not like the democratic approach to anything that is happening. she has been a democratic voter for 40 years. that governor's race there could end up with a republican for the first time in 40 years. why are you guys struggling in such deep loot territory? >> first, the folks that i've been campaigning with are running on a record. chair mcdaniel just said we are running away from it, but we are running on it. you did not hear a detailed plan for how republicans would fight inflation, bring gas prices down, make our country stronger, but we have a record. president biden passing significant bipartisan legislation on issues president trump said he would deal with like investing in infrastructure, like bringing advanced manufacturing back to the united states. the president signed bills into law that were bipartisan. we also have bills that only democrats voted for. it will cap out-of-pocket costs, cap the price of insulin and reduce prescription drug prices. that is one of the things that americans say day in and day out. one of the pressing costs that they are concerned about. democrats have taken action and addressed it. the american action plan that only democrats voted for provided funding to put teachers back in classrooms, cops back on the street. we have a real record to run on. i wish we had a debate on the senate floor between the democrats reduction act, but we did it. putting together a reduction plan. we passed it and it is having a real impact. that is why i am confident maggie will be reelected. >> mark penn has a piece on foxnews.com that says those things are working against you. the inflation electorate will hold biden and democrats accountable at the midterms. most americans blame dural biden and the democrats for the problems we are facing today. polling shows a majority of americans actually think the federal spending in the trillions is actually hurting the economy and making inflation worse. they're worried about gas prices, grocery prices. things that they experience everyday. it is happen on your watch. braces this year. how worried are you about how far the progressive element of your party has pulled to the left? how that's resonating with voters, potentially what it may cost you in the midterms. well two things. joe biden has a strong record on crime as president, he said in his state of the union. i don't support defund the police. i support funding the police and then acted on it. the american rescue plan specifically provided funding for state and local governments to keep law enforcement officers on the beat, and his plan for this year provides more money to hire more cops. 100,000 more police officers and here in delaware. we have three police agencies that just got a federal grant, as have hundreds of others across the country to hire more officers. let's look just over the line in pennsylvania, where mehmet oz and john fetterman are campaigning in the closing days of an important race, john fetterman as mayor of braddock, a small town outside of pittsburgh. took on violent crime. he has tattoos on his arms of the dates when young men were killed before he became mayor. he spent years working to end violent crime in that town successfully. so why is this an issue in the campaign because tens of millions of dollars of dark money ads from anonymous donors have created a mistaken impression? president biden supports police and supports funding the police and john fetterman has a strong record of fighting at the most local level to combat gun violence in the town where he was elected mayor. you understand how some potential voters out there don't love his record on releasing potentially violent felons. look i understand that there have been misleading ads in this campaign that have created the impression that he somehow is part of a defund the police cabal. that's not true is someone who is a pennsylvanian at heart and who pennsylvania voters know will stand for them quickly. i want to play this because there's been a lot of talk about election deniers stealing elections. all of those things. here's what the former democratic presidential nominee hillary clinton said. just days ago. right wing extremists already have a plan to literally steal the next presidential election, and they're not making a secret of it. okay so take that. along with this headline from newsweek. democrats spent $43 million helping election deniers when their primaries. if it backfires, the democrats will have to shoulder some of the blame for helping those far right candidates into office. so aren't democrats now contributing to kind of this conversation about election denying stealing elections that you guys have said you condemn. well, shannon, look, those are both things i'm unfamiliar with . i do know that there are folks in my party really concerned about the mechanics of elections about folks running for office in states like arizona and nevada, who deny that joe biden won the 2020 presidential they want to accept the results of the election of which they disagree. i think all of us need to say that we will stop demonizing folks because i think that the sort of rhetoric that we heard into many ways into many places can lead to violence by a small number of americans who think that when we describe our political opponents as our enemies, we are calling for them to be attacked. after the threat against kavanaugh. i worked to get signed into law a bill to expand police protection of supreme court justices and their families. president biden and democrats have stood behind law enforcement. that is what i think we should be focusing on in this moment when leaders of both parties, but so far not president trump have decried the attack on paul pelosi. >> we appreciate your time. always great to talk with you. >> thank you, shannon. elon musk at twitter. is he opening a door to president trump to reemerge on the platform. we will tell you what the former president is saying. how the regime change could impact 2024. he has a celebrity who wants to be a politician. we have seen how that goes. >> he said i'm a celebrity. [laughter] he got that wrong, dignity. i am not a celebrity, i am a warrior for god. >> herschel walker and barack obama. walker tries to win in georgia. time now for our sunday panel. francesca chambers, josh holmes, john delaney and jonathan turley welcome to all of you. a lot of back-and-forth there. senate majority leader caught on the tarmac saying that georgia was having a tough time. hard to believe they will go for herschel walker. echoing something that was said days ago. i cannot believe anybody would vote for these people. does that show a disconnect with where the american people are? >> listen, that is politics. most people would have assumed the democrats would be in a really bad spot if you look at the historical situation. the president's party has lost an average of four senate seats, 26 house seats. this is a tossup. the democrats are in a good position to make a strong closing argument around the economy. that is what they actually have to deal. we all see it. that is a number one issue on voters minds. on the other hand, they see this inflation and high interest rates which is bad. they have to lean into the things that they have done, the tangible things that the party has done since it moved to the middle. passed a law to lower drug prices. passed a huge bipartisan infrastructure bill that will rebuild this country. it will be enormously popular. delivering broadband to communities. passing a semi conductor industry back to the united states and contribute to a wave of reassuring jobs. putting the country in a position to lead the energy transition. these are things that you have to run on and the democrats have to lean into it. >> they do not see it yet, josh. one of the races where it's very tight is up in new hampshire. not long ago the senate leadership fund aligned with your former boss pulled $5 million in remaining add buys there. is that a missed opportunity? is it a missed opportunity. >> first of all, they spent over 20 million over the previous four weeks. you saw a bunch of other republican groups get involved there. the reality is spending a ton of money in north carolina, ohio, pennsylvania, georgia, arizona, nevada, colorado, washington state. a lot of opportunities for republicans. it just goes to show where all of these are being played out. sort of the core of the senate argument at this point. it does not look like they will lose any seats that they have held. pennsylvania has basically that turning point. if you look at nevada and georgia, prime opportunities for pickups. they are heavily favored to take the senate. >> bringing a new piece out, abortion and how the gop coalesces around. >> republicans are kind of in this mode where they may be the party that wins in this election, but then, what do they do without majority? is abortion something that they will take on. you have lindsey graham who really tried to rally consensus around a 15 week band. you hear antiabortion advocates say they need to come up with the position not only lawmakers but their 2024 presidential candidates can rally around. >> president biden has also said that he will push to codify row if democrats keep the house in the senate. he talks about codify grow. >> what he was referring to, i believe, goes way beyond row. premised on the idea that states could craft their own laws. it created a floor. the bill in congress is basically a wish list of what people wanted row to be geared that legislation, if it is enacted, would not only federalize abortion but gold light years beyond row. >> we will wait to see which party is in the driver seat of either one of those. i want to talk about twitter. elon musk has officially taken over. twitter will be forming a content moderation council with widely diverse viewpoints. no account reinstatements will happen before that counsel reconvenes. a lot of people disappointed. he says that this will not turn into a hells gate. >> the most important developments, it's not who was on or who was off twitter. elon musk acquisition is trying to push back on the modern left idea of content moderation. we have seen a big effort on the left to try to silence any sort of opinion that does not fit a conventional wisdom narrative. covid really exposed a lot of this. people were banned from the platform altogether. clearly, one of the most dangerous things you could do in a democracy like ours, i think that that is the biggest component to the elon musk piece. >> bad actors that immediately flooded and with tweets that we could never air on this show. >> this is concerning. he has owned it since friday. we should not jump to any conclusions. give him a couple of days. a once in a generation entrepreneur. hate speech, conspiracy theories, if you think about the paul pelosi situation, escalation of political violence, the fact that it has undermined democracy, the conspiracy theories that go on, importantly how it is eroding the notion of expertise. it basically says there aren't facts. it's hard to move the country forward unless you have a base set of facts that the experts agree on. >> coming at a time when there is a call to cancel justice parrots book. >> why burn books when you can ban them. that is what they have said. we should not be publishing a book. they disagree with her jurisprudence, her legal views. that is where we are at now. opposing free speech. it's like athletes opposing exercise spee1 thank you all for being here. i cannot wait for the commercial. we will see you next sunday. we will bring in a law professor playing out at the supreme court right now. including the fight over whether this sitting u.s. senator should have to testify before georgia grand jury. legal challenges on affirmative action headed to the high court tomorrow morning. (vo) red lobster's finer points of fun dining when mouth is full, and shrimp is endless, the "booth bow" is the proper way to say "shrimp me!" ultimate endless shrimp is back, now with argentine red shrimp. welcome to fun dining. my dad was a hard worker. he used to do side jobs installing windows, charging something like a hundred bucks a window when other guys were charging four to five-hundred bucks. he just didn't wanna do that. he was proud of the price he was charging. ♪ my dad instilled in me, always put the people before the money. be proud of offering a good product at a fair price. i think he'd be extremely proud of me, yeah. ♪ the supreme court will hear arguments during one of the politically divisive topics affirmative action. the high court has a six-three majority. part of our group that filed a brief and one of the cases. a look at the case that could rewrite policy in the u.s. >> face your own racism. the legal fight parents in their high schoolers will be watching very closely. tomorrow, lawyers for students for fair admissions will ask to strike down a 2003 precedent that allows colleges to consider race as one of many factors of admissions. edward bluhm says asian american students end up being discriminated against by being held to selectively higher standards and other minority groups. >> people involved in this movement are liberal, conservative, moderate, libertarian. >> the university of north carolina which is public both deny discriminating and defend their application processing they want to promote a robust intellectually diverse campus. >> somebody should not be providing the information. >> it cannot be removed from an application just because it is so central to so many people's identity. >> violating title vi by penalizing. emphasizing grace and neutral alternatives. "considering -left-curly-bracket one factor among many produces a more diverse student body which strengthens the learning environment for all. continuing to allow the benefits of diversity in a narrowly tailored way. nine states currently banned the use of rates in the public university process including california. the university of california systems say when a state ban went into effect the proportion of black and latino freshman at ucla drops by roughly half. >> it would be a very, very sad day in history. this is the way forward not the way they are proposing to take us. eliminating 1000 african-american hispanics from the harvard campus. >> 2003 supreme court precedent which have held narrowly tailored and brace affirmative action programs as long as schools don't base admission solely on race or a quota system then justice sandra day o'connor the deciding vote in the case at the court expects 25 years from now the use of racial preferences will no longer be necessary. >> that is the very argument that lands at the supreme court tomorrow morning. joining me now is john. welcome to "fox news sunday." >> hi, shannon. great to be with you. the school say they have not discriminated. it continues to study whether consideration of races necessary to assemble a class comprising students of different backgrounds. no alternative is presently workable. harvard needs to be able to use race and putting together a diverse class. >> harvard and other institutions all claim they need to look at race to ensure diversity. what the people on the other side, asian students here, white students, students of all colors one is for universities to join the rest of the country in the constitution and the declaration of independence and abraham lincoln and martin luther king in believing that the government should be colorblind when it treats us as individual citizens the supreme court only allows the use of rates now only for college admissions. nodded national security and policing in hiring, giving out money, giving out contracts, why should schools be able to consider us by our skin color rather than as martin luther king said as the content of our characters. >> right now something pending before them on an emergency basis is whether or not senator lindsey graham should have to testify before a jury that is investigating allegations of post election interference in 2020. his team says he has constitutional immunities to this. should the senator's application be granted? should that subpoena be blocked against him? indefinitely delayed insuring information that could either clear or increased scrutiny on the guilty will continue to lie on this grasp. >> i am glad that you read out the line that the lower courts are trying to draw here. i think the media has somewhat exaggerated what has happened here. senator graham does not have to testify about things he was doing as part of his legitimate legislative activities like chairman of the committee. trying to find out what george's laws were. with the lower courts, what they are allowing, i think it will let the lower courts continue to run the process. well, maybe the prosecutor down in georgia is allowed to ask about things senator graham was doing politically. like talking with the trump white house are trying to get georgia officials to change their rules. that, according to the low courts here is outside of the legislative duties. more like acting like a republican politician. i think the supreme court may not want to get into the thicket of what will be asked and so on and leave it to the lower courts to handle. >> what are the odds? >> they may just say let's have a stay because georgia does not seem to be in a rush just so we can hear arguments about this case. even if we do in the end allow the lower courts to run things. >> a big week as we stand by. thank you for joining us. great to see you. >> thanks. great to be with you again. >> a big one about a town hall in one of the biggest battleground states. that is next. i would have hired actually talented people from all over the world. instead of talentless people from all over my house. ♪ ♪ have diabetes? know where your glucose is? with the freestyle libre 3 system, know your glucose and where it's heading. no fingersticks needed. now the world's smallest, thinnest sensor sends your glucose levels directly to your smartphone. manage your diabetes with more confidence and lower your a1c now you know freestyle libre 3. try it for free at freestylelibre.us. a couple of programming notes for you. tonight you can join my colleague for an hour-long special ahead of election day. the big midterm show. bringing together a panel of experts. discussing the latest news. tonight, 10:00 o'clock eastern on fox news channel. join right there and martha mccallum pharmacy townhall special on tuesday night. they will be live in ohio. one of the most heated races. voters there will be able to ask questions of tim ryan and jd vance. that will be on fox news channel live at 6:00 p.m. eastern. the senate could hang in the balance there. next week we are working on a massive midterm special. that is it for this sunday morning. thank you for joining us. have a great week and we will see you next "fox news sunday". >> good sunday morning. welcome to "sunday morning futures." democrat desperation. signs of a massive red wave with just nine days until the midterm elections. kevin mccarthy likely the next speaker of the house on the chances for republican sweep