you. >> dana: the supreme court now just moments away from handing down new rulings as we await decisions on several high-profile cases and welcome to a new hour of "america's newsroom," i'm dana perino and bill hemmer has the day off. great to be with you. >> aishah: i'm aishah hosni. it is rare for the supreme court to issue decisions three days in a row but with 14 cases remaining on the docket opinions are set to be released today, tomorrow, and friday. and we actually won't know until tomorrow if more days might be added as well next week. here are some of the big cases we're waiting for. >> dana: everything from presidential immunity that could shape the future of u.s. politics to abortion and social media censorship. we have the legal team standing by and thank goodness for that. andy mccarthy and jonathan turley, waiting outside the court chief legal correspondent shannon bream. good morning, here we go. >> 14 cases left. everybody has immunity at the top of their list. what will it mean for president trump and presidents going forward? remember during the arguments gorsuch said we're writing a rule for the ages that will have impact well beyond just the legal trouble facing president trump right now. we've also got a case involving abortion, the january 6th defendant's case whether or not the d.o.j. improperly used an obstruction charge against hundreds of january 6th defendants. that includes two of the charges against president trump by special counsel jack smith. we have all those things and waiting to see what we get. only one box. for folks who want to know what that means in supreme court vocabulary, it means maybe a couple opinions day of the 14 we're waiting for or one big one. that's a small amount, one box. remember also steve bannon has filed an emergency appeal with the supreme court to keep him out of jail while appeals are pending. the filing was due today from the government in response to that. it is not only the cases that we know about that they are trying to get off the calendar and decks but the emergency appeal from steve bannon dealing with that in the middle of all this as we wait for the first opinion. >> dana: want to bring in the rest of the legal team. former assistant u.s. attorney and constitutional law foreign e attorney jonathan turley. the u.s. surgeon general versus the state of missouri and it has to do with social media censorship and whether the federal government pressured to censor speech. that's a significant case. >> three different cases that are all social media cases and what it essentially comes down to is whether you treat the big social media platforms as if they were arms of the government or are they free, private actors. if they are arms of the government they are limited by first amendment restrictions just like the government is. and if they are private actors, then they can engage in viewpoint discrimination. >> dana: shannon has a couple more details for us so we can get them information. where did the court go? >> what they actually decided was that the various plaintiffs who had come forward to sue over this issue, don't have standing. this is an issue we saw just last week or just days ago if you remember the challenge to the abortion pill. 9-0 the court decided they didn't have standing. it looks like they are doing similar. justice barrett, who is one of the most junior justices released in reverse seniority it says that she -- chief justice roberts, kavanaugh and jackson and essentially what they are saying is neither the states or the plaintiffs have the standing to seek the injunction against any defendant so the argument had been whether or not federal agencies and a number of government agencies had been communicating with social media groups to tell them flagging this information or misinformation. the argument is always about the first amendment. if the government can't do it itself, it can't do it through a third party forcing a social media outlet to say we want that language down. it would amount -- the argument is to the government actually taking that same action. what we don't get to is that. what we get here is essentially there is no standing for the plaintiffs who brought the case and that essentially means communications as they were happening between federal government and agencies and the social media companies we don't get to the merits of the case. >> dana: the first amendment obviously. you call yourself a free speech absoluteist. if the states don't have standing, who does? >> it's very frustrating for the free speech community because standing is often used to block claims. this is one of the most fundamental issues we're facing. i wrote about this issue, this case in my recent book because you have one of the largest censorship systems in our history, if not the largest called orwellian by lower court judges and what the court is saying is that we won't hear you on this issue because you are not the right litigants. now i have to admit i have always been something of a standing dove. i believe that the standing decisions are too narrow because they do prevent the court from rendering a decision on such important constitutional questions. so this issue will have to wait for another day. one of the things that many of us have been arguing for years is that the government is engaging in censorship by surrogate. i testified about this in congress that they have made a mockery of the limits of the first amendment by doing indirectly what they are barred from doing directly, using academic and corporate allies to bar and cancel and black list critics on a variety of different subjects. it will be very frustrating for the free speech community. we've been trying to see if there would be a final decision to strengthen free speech. >> aishah: andy mccarthy, if i can have you put your political hat on for a second. get your thoughts on this first, too, politically, though, what does this mean moving forward for the biden administration? >> i actually think if we just get beyond the case which jonathan just masterfully said what the stakes are here. the broader picture to me is i think there is an emerging consensus of some of the conservative or right of center justices on the court, particularly barrett, kavanaugh and the chief justice for standing, which gives running room to the progressive block on the court because those three progressive judges, i think, are willing to side with strong standing if it's a case they don't want to see addressed and at the same time they will depart from that if it's expedient for them to do that. i think they will be able to avoid a lot of bad rulings for their side, as it were, on standing grounds. that they will be just -- the court will be very narrow in what decisions it will make versus what it would rather see decided by the political process. >> dana: interesting to wonder if the social media companies would be frustrated. they don't want necessarily we know from the twitter files and facebook testimony, they didn't love the federal government calling them telling them to censor people during the pandemic. shannon bream, you have had a chance to flip through the little book. anything more to add on this case? >> i do, yeah. for the majority what they say about the states and individuals they say the plaintiffs without any concrete link between their injuries and the defendant's conduct ask us to conduct a review of the year's long communications between dozens federal officials with different social media platforms about different topics. the court standing doctrine prevents us from exercising such general legal oversight of other branches of government. the dissent written by justice alito joined by thomas and gorsuch says this. the officials wielded potent authority when talking with the social media groups. their communications with facebook one of the examples were virtual demands and facebook's responses show it felt a strong need to yield. he goes on to say for months high ranking government officials faced pressure on facebook to suppress americans' free speech and the court unjust fileably refuses to address this sear us a threat to the first amendment. a split there. it looks to be 6-three. >> aishah: thank you, shannon bream and legal eagles. we have 13 more cases and we are waiting on the big one on immunity. we'll keep you standing by and get to any breaking news out of the supreme court as it comes in. meanwhile this. tomorrow president biden and former president trump face off in cnn's presidential debate for the first time since 2020. both candidates taking different approaches to prepare for the high-stakes match-up. david spunt live at the white house with the latest on all the prep. >> good morning. we really are witnessing a tale of two different debate strategies. former president donald trump is out and about meeting with supporters, feels relaxed and says that helps him get energized for the debate. president biden hasn't been to the white house since last week practicing and practicing even more at camp david. the presidential retreat in the maryland mountains. he has been there since last thursday. we know 16 aides have been preparing and meeting with him. what we don't know are they doing mock debates at 9:00 p.m. to get the president's biological clock ready when the de debate happens. >> since then donald trump has been a convicted felon times 34 times and impeached twice, roe has been overturned, women's reproductive rights are in jeopardy. >> the trump team are preparing for the debate. the former president says he is always being asked questions by aides and press and that helps him prepare. watch. >> i was with president trump this week. he is ready and i can't wait for that evening because he is going to put on his vision for the country, it will be on stark display -- contrast with the weakness of president biden. his record is awful. >> biden will meet with supporters in north carolina on friday and president trump will do the same in virginia. >> aishah: thank you, david. >> dana: want to go back to shannon bream outside of the supreme court. we have one more opinion that came in but not one that we're going to keep everybody around for but want to find out, shannon, if that's the only two for today, that means tomorrow and friday are big days? >> they will be big days. we'll do it 10:00 eastern on thursday and friday. we were wondering if they will get done by friday. that's what the general thought is. they can go into july. i've seen it once in the years covering the court. it is possible it happens with the big decisions they have left. a note for folks, there are a couple of cases that are grouped together. two pairs of them. when we say we have 12 decisions we could get ten and it could be five and five but very busy days and do it again at 10:00 a.m. tomorrow as we await on immunity, abortion, january 6th and much more. >> dana: happening before the presidential debate as we match up all the stories in one. thank you panel and shannon. >> the vetting system does not provide all of the information that the government has. customs and border doesn't have the technology to connect. all sorts of issues that need to be resolved. >> aishah: deadly consequences of president biden's border policies colliding with a report on what appears to be a mass failure to vet migrants. >> dana: all eyes on atlanta as they are gearing up for the presidential debate. what new polling reveals about the state of the race in georgia. >> aishah: a 30 year law protects access to houses of worship. why isn't the biden d.o.j. enforcing that law as anti-semitic protestors target jewish worshippers now. 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create factory grade visual solutions to perfect your process. ♪ fastsigns. make your statement™. >> dana: as we mentioned at 9:00 a.m. we were waiting for the supreme court to release some rulings. they did release two, one of them was one of the big cases we were looking into, social media censorship. the split decision came down the states suing the federal government for trying to censor people especially on the vaccine during the pandemic, that they did not have standing. the states did not have standing. jonathan turley and andy mccarthy are chewing over that decision and more on that. because we only got those two decisions we'll get more tomorrow. so you will have to tune in then as well because these blockbuster cases are coming down. also this. house republicans are holding a news conference right now. they are talking about immigration at the moment but it is kind of a wide ranging press conference where they are talking about a lot of different things, all the big issues they expect president trump and joe biden to hash out tomorrow ahead of that debate. we'll monitor that for news and bring you anything more as it happens. >> seems as if we're asking for the bare minimum here, equal opportunity, privacy in areas of undressing, safety in our sports. the bare minimum. we have an administration in the white house now actively undermining this. >> aishah: the fight for fairness in girls' sports coming to a head. many states are challenging the biden administration's new title ix regulations set to take effect in a month. the omission of transgender athletes. good morning with this story. >> you are spot on about this. title ix prohibited sex-based discrimination in any school or program that receives federal funding. the new regulations set to take effect next month would extend those protections to include gender identity without addressing transgender athletes. ten states in total have filed preliminary injunctions and multiple lawsuits and more than 25 state attorneys general are challenging it. tenis legend and other female athletes are sounding the bell with the national bus tour called our bodies, our sports. >> we cannot have women's sports not be female. women's sports must stay sex-based, which means female. seams goes for sex-based spaces for women. educating those people with positions in power that make the rules so they can do better. >> she is a democrat and called a homophobe, fascist and nazis and death threats for speaking out. the tour has been vandalized. part of the tour is riley gaines. >> this is so much broader than just women's sports, than what joe biden has been done to title nine. how he as oh boll i shalled it in its original intent. so much bigger than that. the premise of this topic is that we're denying objective truth. >> the education department tells fox digital the update will be implemented if it survives legal challenges but added the rulemaking process is still ongoing related to athletics. >> dana: take you back to the capitol. the speaker of the house is talking about migrant crime in particular. let's listen in. >> weeks ago eight illegal aliens with ties to isis were arrested in our borders, terrorists the biden policies welcomed into our country. the only reason the f.b.i. did anything about that is because house republicans have been pressuring them to do more. i don't know what it will take for joe biden to wake up but i can tell you that's the demand of this country. wake up and finally do his job and we need to know how many more innocent 12-year-old girls have to lose their lives before he actually secures the border. he is playing politics with innocent american lives, no other way to say that. everybody knows it. our intelligence agencies know it, law enforcement agencies know it and our enemies know it and why they are empowered right now. with regard to the appropriations we have to defend the homeland and chairman said so well it's about the border. this week the house will pass the appropriations bill for the department of homeland security and passing the state and foreign operations appropriations to protect security interests abroad and the department of defense appropriations bill for improve quality of life. dhs bill adding millions of dollars to construct a border wall. billions to remove dangerous criminals and new coast guard vessels to intercept narcotics and also rejecting biden's request for funds to encourage illegal immigration because that's what his policies have done. we want everybody watching to see how the democrats vote on these bills. i think that will be a very important test. democrats want to protect our border and case about the loss of all these innocent lives? some are saying so but they need to take action to helps us. do they want to support service members and support american sovereignty? you're about to find out. we'll see how the vote turns out. with regard to the presidential debate i expect that question will come up about this. look, like many, i look forward to hearing donald trump lay out his vision for the country, a positive vision, a forward vision. he is excited. i talked to him spent a lot of time with him last week down in mar-a-lago and on the phone over the weekend and he is in a very good place. i expect that you will see a sharp contrast between president trump's positive agenda and joe biden's proven weakness. i did a lot of media over the last several days and everybody wants to know which joe biden is going to show up? look, my summary is this. it doesn't matter if he drinks a gallon of energy drinks he won't be able to match the acumen and readiness of donald trump and that's what we expect. even a three-on-one situation. the cnn moderators -- we know it's not a fair fight. >> dana: listen to mike johnson. i want to bring in charlie hurt a fox news contributor with us now. he was talking about pre-debate and i know you have pre-debate on your mind. show you one thing. this is the atlanta journal constitution polling right now head-to-head biden versus trump 38 to 43 choice for voting now. for georgia voters and likely georgia voters. rfk getting 9%, undecided 8%. who is the most important target audience for these gentlemen tomorrow night? >> well, i think certainly the most significant target audience has been young voters and watching the collapse of young voters who support joe biden this year compared to four years ago has been pretty staggering. and that -- forever you hear democrats especially and republicans trying to get in on young voters, because to them those are voters that will stick with you forever. you know what's worse than that is if you get young voters the way joe biden did in 2020 and then you disillusion them and wreck everything that matters to them and then you lose them. the same thing happens if you had them forever. you lose them forever. i think that's what we're seeing right now in georgia and quite frankly across the country. these -- the numbers with young voters who are fleeing the biden administration not based on gauzy promises or anything like that but actually watching the failure up close and not being able to afford gas or groceries or not being able to find a home because it is all so expensive or watching your friends, watching crime caused by all of the illegal criminals that joe biden has let into the country. >> dana: we put this up for a second but i should have done more to show. this is the atlanta journal constitution about young voters in particular if you could pull that back up call for number two, 18 to 29-year-old going for trump, rfk and biden. those are likely georgia voters 18-29. what you are saying is hitting home. hillary clinton had an op-ed and has a book coming out before the election. i thought she gave president biden some pretty good advice. how to address this. i don't know if it can turn things around on the youth vote but can it help him figure out a way to solidify a fracturing democratic coalition? >> well, he certainly needs help with that. one thing that hillary clinton has always been very focused on is this idea of standing up to the left wing lunacy within their party. she have has a pretty good track record of it. we saw last night george latimer beating the squad bowman who was part of that left wing crack pot fringe of the party. joe biden has done nothing to confront those people and weirdly, because he doesn't do anything to confront the left wing fringe of his party he winds up with a deeply fractured party and this is hurting him tremendously. i have argued -- i would argue the democratic party because they have this weird coalition of different competing groups, they have had serious problems, fissures within the party for a long time that a very popular guy like barack obama was able to kolb together. it is because those people didn't like donald trump, not because biden was popular. you have a unity problem on their side and whatever you say about hillary clinton, she did do a good job of keeping the party together at the center when she had more power within the party. >> dana: always great to have you and i look forward to your thoughts tomorrow as well. thank you so much. >> we are going to show [bleep] aipac the power of the [bleep] south bronx. >> aishah: now the squad member gets the boot and enters the job market. how many ways did his campaign go so, so wrong? choice hotels is a family of brands with a hotel for any traveler you want to be. like #1 chef dad, cookin' up a free, hot breakfast for the entire family at a comfort hotel. mom made this. umm... i...added... the garnish. stay twice and get a $50 gift card when you book direct. why choose a sleep number smart bed? i need help with her snoring. sleep number does that. thank you. shop our lowest prices of the season with no interest until 2027. sleep number smart beds starting at $999. learn more at sleepnumber.com >> there needs to be a sense of urgency about this and the american public needs to understand what the threat is. we've shifted resources from the counter terrorism community to the china community. that's understandable to some degree and been significant. there is a cost to the intelligence and customs and border doesn't have the technology to even connect. there are all sorts of issues that need to be resolved. >> aishah: mounting questions over who exactly is entering this country. the department of homeland security is identifying more than 400 migrants as subjects of concern. the worry here is that they got into the u.s. through an isis affiliated human smuggling network. the location of dozens of these migrants still a mystery. we don't know where they are at. let's bring in texas lieutenant governor dan patrick. lieutenant governor i will have you respond to that first before we get to the tragic story in texas. what do you make of that report? >> i'm not surprised and shocked and no one along the texas border is shocked about this. they have no idea where these people are. they lost track of children, many sex trafficked. lost total contact with terrorists. they don't know where these isis people in. do you think they came in to the found? we have animals, terrorists, criminals, rapist, murdersers, you name them everyone you can think of. you don't want them in america. but it's because of joe biden's open border policies. >> aishah: you are trying to do the best you can to keep these migrants from crossing illegally across the texas border in the rio grande. the mother of the little 12-year-old jocelyn on hannity last night and this is so emotional to watch. listen to this. >> these men, these illegal men, took that opportunity from my daughter, from our family of watching her become this amazing person. >> i would like the people that can make changes to our laws to just sit back and reflect and think of all these little angels that shouldn't have been taken away. you don't wake up one day and decide that you will commit this horrific crime. >> aishah: the family keeps getting hit with bad news. yesterday they were shocked to hear there was a bail set for one of these suspects. look, you are doing the best you can at your southern border but you can't keep people from coming in through borders from other states. >> yes, look, i'm focused on -- we'll handle the other states. we need to seal the border with mexico right now and if joe biden had any compassion at all for this family or the families of lakin riley or rachel morin or others killed or jocelyn nungaray, brutally murdered and likely sexually attacked he would secure the border on thursday, the day of her funeral. tomorrow. while they are looking at the casket and praying for this family, he will be letting more animals like the two that allegedly killed her into this country. look, if only one or two or three percent of the ten to 12 million are these animals, gang members, that 200,000 to 300,000 of the worst people on planet earth. if i were president trump tomorrow night i would ask president biden can you tell me who rachel morin is and who jocelyn nungaray is and lakin riley? he can say yes there are three people who should be alive today except for my border policies or i don't know who they are who shows you who this guy is. for america to understand that this little girl was grabbed allegedly, we have them on film. allegedly until the trial come. dragged under a bridge and ankles and hands were tied. stripped below the waist. bit one of them in the arm fighting back. she was tortured and strangled and thrown in the river like a rag doll. i want america to wake up. it can come to your mother, daughter, sister, grandmother. it can happen to you. animals are roaming this country today because of joe biden and these three women i just named would all be alive today -- today, if it weren't for joe biden. the blood is on his hands. this little 12-year-old played the cello, a wonderful little girl and gone because of no one else but joe biden. >> aishah: we'll see on thursday if president biden say the names of these victims. he said the name of lakin riley during his speech. >> and mispronounced it. >> aishah: i'm sure the family would appreciate it, if the commander-in-chief would mention their daughter's name. thank you for joining us. >> dana: california's governor newsom is pushing his brand of policy as a cure for the rest of the nation? is it really the medicine we need? we'll ask kennedy. she is going to be here. 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[shouting] >> dana: anti-semitic protestors targeting a synagogue in l.a. will biden order his justice department to prosecute? 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this isn't the first time it happened. we had other incidents of vandalism across the street from the white house a couple of weeks ago. nothing. the more this is allowed to go on, the more these not protestors, but violent mob activists learn that as long as they don't kill someone. that happened one time as well in november. then they get off scot-free. even before we get to the face act, originally designed to protect access to abortion clinics and houses of worship. what are the police doing and the leadership in l.a. and california? police were told to advise jews trying to go to the synagogue just go away, don't come here. >> dana: that's what they're doing in london. >> aishah: it stunned me when i was watching it the other day. it is baffling how is that happening on american soil and nobody -- where are the authorities? where is the local government and where is the president? if these videos continue to come out like this up until november and all you get is a tweet and you have the left trying to appease the pro-hamas, pro-palestinian protestors out there, what does that say to the jewish electorate out there? >> it says the biden administration does not have your back. this is ridiculous. this is not protest. i'm a constitutional lawyer and free speech advocate in my career. this is not about where you can put your signs or how long you can yell. this is assault, intimidation, blocking access, federal law, state law, local law. not a close call and something that needs to go to the supreme court. this is mob activity that the federal, state and local governments refuse to take action on. >> dana: representative torres is supportive of israel. if there were a hateful protest against a black or latino church we wouldn't attempt to explain it. we would condemn it. if there was a hateful protest against a mosque, we could condemn it. why do we feel the need to explain a hateful protest against a synagogue in l.a.? the attempt to justify unjust fileable attack against jus is its own form of anti-semitism. how do you think it will go tomorrow night at the debate? >> this is not helpful to democrats. i am a lawyer, not a political analyst. it looks like the american people are not with this. it's not a 50/50 issue. you see what goes on, you give the mob space to riot as the former mayor of baltimore said a couple years ago this is not america and not a popular thing. >> dana: do you think there are lawyers inside the justice department who want to go after them? >> probably. i don't know what the thinking is right now. it has to go to a crisis point. does it boil down to michigan's electoral college votes? i don't think so. i think there is legitimately part of this cause that all of it, all these far-left radical positions that have infiltrated and become the core of democratic leadership. >> aishah: you were talking during the commercial break the anti-masking law. this is a country of laws that work when they are enforced. >> we have laws against assault and vandalism and my colleagues at the manhattan institute that support anti-masking. it worked against the k.k.k. >> dana: before we go the high temperatures in d.c. doing a number on this wax statue of abraham lincoln. the sweltering heat melting the figure and causing lincoln to lose his head. officials are repairing the replica. it is supposed to melt over time and going faster than they thought. >> aishah: is that the reason why they did it during the summer? >> dana: aishah, this is art. >> harris: we begin with a fox