Bream. Good morning shannon. Good morning guys how are you . Will we wanted to dive into one of the most important topics of the woke and possibly over a bigger timeline here for the eyes of america thats happening in new mexico where the governor has teated to declare emergency a Public Health emergency in suspend in essence conceal Open Carry Laws In Albuquerque heres where we want to dive into the deep end with you shannon. Is it the case that in some instances weve certain seen it tried feels like successfully governments can set aside rights and, you know, citizenry, expectations of the way of life in cases of emergency. Does chef any ground whatsoever on which to stand shannon . Will, this is going to be really tough im thinking what Justice Clarence thomas would like a word with the governor based on his jurisprudence based on what the Supreme Court has done i think got there in time it would have a really hard time stay manager practice the thing is like shes only given us a 30day window so will she get rid of it in that time and in the court on time and maybe on Emergency Appeal but the thing is if shes doing this on the basis of a Health Emergency you could name anything people have talked about Climate Change or racism all kinds of Different Things even transgender treatment as Health Emergencies so when you suspend a constitutional right the Supreme Court does not take that lightly and i would imagine this would not succeed there. But my understanding too of this order that shes put out is that it could be use inside ore cities as well so even if you get to the i think of the 30 days and havent got ton the Supreme Court on this, i do think a clever plaintiff would still try to get that will to say if shes done it there could be other orders youve got to draw a line on this like they did during covid. Pete thats why republicans are trying to do including stephany calling for impeachment saying calling on council to begin Impeachment Process against governor. Abhorrent attempt to impose a Progressive Agenda on unwilling populous and put this Emergency Order together and it violates her oath and supposed to be protecting and defend rights of new mexico she cant just raise her hand one day and say i proms to uphold this oath and protect people of new mexico and constitution and then one day decide oh, just kidding. If theyre not able to impeach this does, i mean, it could if it is allowed to happen and stays put, could it set a precedent or do you think this will be roundly dismissed because democrats are saying this is way beyond pay as well. But you have to remember if it was a republican governor who also decided that they didnt like some part of the constitution or it didnt work with what they were trying to accomplish and decided to suspend part for 30 days you have to know that would not sit well with other part of the country but you have to think this through so that Red State Governors dot same thing about topics you dont agree on. I dont think it will survive legal muster if it gets all way through remember, though, i think we know in a common sense, you know, consideration of this, people who are out shooting people are not going to stop carrying guns because theres a 30day pause by this governor and what youre doing essentially is Disarming Law Abidings people who would actually may be be able to intervene in some of these situations so it is novel i dont think shes only governor considering doing some of this stuff but you have to remember on the other side of the aisle and would you be okay and think that was legally valid as well . Thats generally as we seen not been a good enough reason for democrats to not do things. [laughter] but lets listen to this. Because this is interesting we saw David Activist Teen activist now i guess a young man, hes not a teenager anymore. Come out and say yeah this has gone too far an we see ted lieu from california saying i support gun safety laws. However, this order from the governor of new mexico violates a u. S. Constitution, no state in the union can suspend the federal constitution. There is no such thing as a state, Public Health emergency exception to the u. S. Constitution. I would add this shannon i was just on my twitter account and saw a conservative activist doesnt like what she did but i cant necessarily argue she doesnt have the right to do that. Weve been seeing people, you know, use emergency, you know, orders as a way to suspend these rights in the past. So will covid. During covid we saw that a ton and saw so many of these get to the Supreme Court about People Stripping Club Open and liquor store open why taking away any right to worship and theres a strong word from justices saying we cannot throw away the constitution in middle of an emergency yes there are shortterm issues and problems and urgent circumstances war wartime yeah early days of covid but a serious line there and a pushback and we can not the have a repeat of stripping rights away from people indefinitely i think the court would put parameters and brushback on this. You have to think in recent years court there was a a case out of new york that did not allow people to get permits to carry guns outside their homes unless they could mac a special showing that they needed it because of a specific threat. The courts struck that down Supreme Court say no you dont have to have a spcial showing why you need to be able to exercise a constitutional right especially in this case one of selfdefense. Thats why i think if this move by the new mexico governor gets to the current Supreme Court, its probably not going to end well for her and see if it gets that far. Pete one more this is less about the Second Amendment and less about gun control and more about instinct of governess youve said and talked about this morning as well there was a declaration of the state of new york of a State Of Emergency over racism we know theyve declared emergencies over Climate Crisis and covid, you know, people said this is and forced you to mask in public thats where there was mandates to get a vaccine in order to retain your job. These all under banner of a Public Health emergency and what im curious about is because this was gong to be very hard to enforce. I mean, county sheriffs arent ready to go enforce this in new mexico. But what happens in a blue city like this city that were all sitting in or one youre sitting in today when the declare a Public Health emergency and then start Trample Ling Rights a they have the political apparatus behind them to enforce that . You said you think others are looking at this in new mexico going lets see how this plays out im curious how it plays on issues other than guns yeah youre right it could be any number of things covid was such a good example of about that how quickly calculations had to be made and how quickly Emergency Health orders at the state and local levels all over this country a patchwork that Supreme Court did get involved in. I think that when you mentioned the blue cities, and the localities and how this works and wheres the check, its the judicial branch. Now, you know different courts are gong to see this different ways im only making my best educated guess about this new mexico policy at the Supreme Court. But, you know, there is no branch thats without some kind of check on it thats a ideas of checks and balances and i dont think that whether it is a Health Emergency on this or some other issue that the Supreme Court would allow it to go without some serious check on it. Now the governor has smartly made this for 30 days. But the fact is youre still suspended a constitutional right that this court has knowing did it get away in the sight of those who dont think she should be doing this and would she tries again and be on another topic the court if theres the correct Appeal Process done here i think the court could get to this. Pete what else do you give in the future and by the way not a Second Amendment where you are in shannon. Will a long time ago. Rachel normalized so much during code of it is so scary i think even for young people who have known nothing else thats what worries me. I call it the chinaification of america and normalizing things that are nonamerican. Will you have a Special On State of education and Governor Glenn Youngkin what do you got . Test scores have not been good and plummeting before koad and really taken a hit learning loss, families kids teachers all struggling been through a tough couple of years administrators too everybody trying to get this right so weve got Governor Youngkin in fore front of a number of education battles to be with us live and becky president of the National Educators association, shell be us too Largest Labor union in the country who is to blame for where were getting things wrong and right and whats working and not so we talk about to all kinds of students and families public school, homeschool, we did a deep dive on that as well so we try to cover topics and figure out how to make things better. What an amazing show you have planned for us shannon. Rnlings thanks guys well see you then. Youve got it. All right great to see her and move on to one more top egg this morning in california, theres a new bill passed the california Legislator Educatively saying in Child Custody cases, how parents view gender affirming care should be taken into account. Into who gets custody of kids heres a part of the transgender gender diverse and intersects Youth Empowerment act tgi no longer for tgi fridays but Youth Empowerment act that says the Health Safety and welfare of the child includes among other comprehensive factors, a parent affirmation of the childs Gender Identity or gender expression. Attack a listen to the assemblywoman from california who put this act forward and the rational that she usings. Watch. I would like to note that parents affirm their children. They have since the dawn of time although it is called tgi bill, theyre not mentioned anywhere in the law. Whats mentioned in the law is the childs Gender Identity and expression and the parents affirmation of that. Whatever it is because that is our duty as parents to affirm our children. That is our duty that parents affirm our children. That doesnt feel like my duty. No thats not our duty to affirm our children can i tell you when i first heard this and used in custody i can totally see how this can be used to actually make what is already a contentious situation even more sour even more bitter. But then your guest says it doesnt matter if both parents agreed on they said it was ambiguous about whether or not it applies to parents who are married right who have neither of which affirm the gender of their kid could the state step in and say youre unfit to be parents because your child wants to transition neither of you will accept them. Neither of you are fit yeah. I dont know if thats necessarily how it will go or how it will be applied but they said it is not clear enough that it is only in Child Custody cases. Heres Nicole Pearson the lady you interviewed correct all right. Gender confusion especially in this context is a rye for help it is a manifestation of stress, anxiety, depression, a whole host of slew of other psychological mental Emotional Distress these children are suffering, and for them to tell them affirm or lose your child is unconstitutional. It is illegal and actually dangerous because it will force parents to look away and not consider other therapies that child might need. It is dangerous and it is unconstitutional and we will set it aside. Ive got to be honest im buffering like im trying yeah. So shes proposing i dont understand like you have to affirm your child. Like meaning your fitness as a parent is beginning to be judged remember the word you said we shouldnt use anymore is going to be judged by whether or not you affirm and so if if shawn and i, you know Custody Battles or mostly Custody Battles over divorce and who gets to be the primary parent. The parent who affirms is the better parent joe if you affirm that your child is not the gender he claim he is but all of this doesnt take into account what we had last week when we had the parent who actually won the lawsuit against the school that transitioned her child without knowing that child was 11 years old went to her School Counselor to say im feeling depressed and down and they told her you might be another gender and thats how that whole thing started. So lets also think about how these things get imlangted into these kids psyches. What is different about this is men and women out there saying these are my beliefs about sex and gender and im going to lose parenting time with my child or lose my child altogether. Forget beliefs this is reality and i have to accept insanity in order to retain my child. J your child. Yes. It is where we are. Keep buffering, and this is in california, this is now in rhode island this is coming to your state probably very soon. All right turn now to few additional headlines at least 2,000 people confirmed dead following massive earthquake in morocco late friday night Officials Say thousands more are hurt as they continue to search for survivors epicenter of that 6. 8 was 45 miles south. The most severe destruction hit remote villages high in the Atlas Mountains now to Fox News Alert new information on the convicted killer who escaped a pennsylvania prison over a week ago just released. Police saying moments ago hes operating 22 white Ford Transit Van with Pennsylvania Registration Zs218 that van has a Refrigeration Unit and stolen and Law Enforcement has been notified nationwide. New photos also released last night Officials Say hes clean shaven, and wearing a green jacket. At least 400 officer are now involved in the search and you see him showing new the kitchen . You should see it, it is crazy. Told his wife i hear somebody downstairs stay here. He went to the stairwell or whatever, overlooking the kitchen and he flicked light three or four times homeowner did and this guy in the kitchen flicked the lights back at him so he knew something and he said he felt like it was a warning dont come down here. Im he saw the guy walk out of the house. And then he looked at his wife said go call 911. This about loose like it is at the front of a house as well. Yep. Here illegally. Eric adams cutting budget by next spring due to illegal Immigration Crisis adam say agencies will have to slash their budgets with more cuts coming in january and april. This happening just day after adams claim Migrant Cries City would destroy new york city and would not include more playoffs and more details next week. 15 rachel retch ladies of the view said they should all go to other places not new york. Now it tennis u. S. Open womens final happening last night american koco looking to capture first major championship. [cheering] youngest american to win since Serena Williams did it back in 1999 she gave emotional remarks crediting her faith and family for success. Thank you first to my parents today was first time ive ever seen my dad cry [laughter] he doesnt want me to tell yall that but he got caught [laughter] you know, he thinks hes so hard. But you know, its not so thank you guys, i mean, you believed in me from the beginning. Shes the First American male or female to win the u. S. Open in six years. After her historic win she was praying on the court and thanked god in her post match speech and a little girl watching as a spectator celebrating. I saw that telling story about when she happened when she was praying after. She was soaking all in and former nfl coach goes no, no thats called praying. No today theres a lot of our fox view rs are going to stop watching you know, after the show and theyre going to go off to church and soak it all in. Soak it all in. Lots of soaking going on ill go soak it all in after the show as well. Soaking in the holy spirit. Yes. Still ahead, new york city criminals seemingly taking a