President ial transition. President elect joe biden set to speak today to address the fight over the Affordable Care act while President Trump again not scheduled to make any public appearances. He had zero plans to speak directly to the american people, except on twitter where hes continuing to push baseless voter fraud claims that have been flagged as misinformation. So weve got our correspondents positioned with all the latest on the transition. Mike memoli still in wilmington with the biden team. Peter alexander at the white house and yamiche alcindor. Great to see all of you this morning. What do we know about the president elects remarks today on the Affordable Care act . Whats the strategy here moving forward . Well, chris, i think most americans remember that moment in the east room ten years ago when president obama signed into law the Affordable Care act and Vice President biden called it a big blanking deal. To say the least for president elect joe biden at this moment, the fate of the Affordable Care act before the Supreme Court is a big deal for his legislative agenda Going Forward. It was already going to be an uphill climb for him to do what he proposed to do, to build on that law in a closely divided house and senate. But for the law to be struck down would throw a bigger wrench into an order complicated governing agenda for the president elect. Expect the president elect to talk today about not the ramifications for him but for the country if this law is struck down. Especially those deal with the coronavirus which would now be classified as a preexisting condition. The protections for which would be struck down if the law is struck down as well. And also, chris, of course this has an eye towards those two runoff elections in georgia. Democrats believe this could be a powerful motivator for democrats in that state. Thats going to be critical to getting democrats to a 50 50 split in the senate at this point. Chris, this is also coming as were hearing from the Transition Team about the fact were still waiting for that ascertainment of joe biden as the president elect of the united states, giving him access to classified information, more federal resources to help move has transition forward. Senior transition officials last night even raising the prospect of legal action in the gsa does not move forward with this. Were hearing democrats increasingly sound the alarm and perhaps well hear from the president elect about this later today. Chris . So in addition to this very consequential day at the Supreme Court, there are all these other legal machinations going on, peter, in various courts in many of the battleground states. Im wondering if there are people inside the white house who believe there actually is some legal fight that can be run. That somehow the president can stay the president. I feel like in many ways, maybe were back at or we never left the place we started at the the beginning of the Trump Presidency which is, who can talk to him, be straight with him . What are you hearing . Yeah, chris, you are exactly right. You know, those closest to the president , it appears, are supporting backing this effort. Frankly you heard Mitch Mcconnell say the president has the right to pursue this. But ive had candid conversations with allies to this president and they recognize there is no path to victory. One saying to me there needs to be a candid conversation with the president , expressing real concerns that this is has the potential to destroy his legacy, that he is the one ultimately who was marginalized by this process and it takes away from all the accomplishments they believe he has achieved over the last four years. As for these legal arguments, these legal challenges taking place here, one of them cast them as an effort to brand him as anything other than a loser. And when i followed up with a different adviser and said, so what do you think . Do you think theres any real chance here . This person said to me, all you need to know is that the Vice President mike pence is going on vacation, chris. So i finishing ythink if you ge close to this president , there are those going along with it but there are plenty of others who are frustrated and think hes only harming himself. Mike pence going on vacation. That tells us a lot. So, peter, i want to ask you about these reports of this mandate within the west wing that members of the administration who are looking for new work should be fired. When i was White House Correspondent when trump won, you were around then, too. There was, of course, devastation at the loss, but for a lot of people who dont have a lot of money in their Bank Accounts and who hope for jobs in the clinton administration, theres this reality of, i have to find work. I might have to move. I might have to leave washington. I mean, that is a part of politics. Thats how it works. But are people really being intimidated not to look for a job . Heres what i can tell you we know. From the personnel director. This is like the four seasons total landscaping out here. Theyve been picking up some leaves and doing some dirt for the last several hours. Johnny mcatee, one of the president s personal aides awhile back, he has got the word out to agencies and departments that they should terminate any political appointees who they learn are trying to find new work right now which as you know is a real challenge given the fact that so many of those people, young staffers and others, really do run out of a paycheck soon and theyre trying to figure out what to do with their own lives. It shows how far the white house is trying to go to get those within the Trump Administration behind him at this time. Its fundamentally a real challenge. In conversation ive had with folks around the administration, including here at the white house, theyve said theyve got to move on with their own lives, and they say it doesnt behoove the president to drag this out any further. Yeah, looking at the backdrop and unfortunately whats going on with your eye, im reminded at the white house, it doesnt matter how important whats going on inside is, outside the work of the landscapers goes on. Yamiche, you were actually inside the press conference with Kayleigh Mcenany and Ronna Mcdaniel yesterday. You pressed them on these unfounded accusations of fraud. Especially when they picked up house and senate seats that were expected to flip. Does the administration have any answer for that . They have absolutely no answer for why if there was a Conspiracy Theory going on from coast to coast, targeting Republican Voters, trying to suppress their vote through all sorts of illegal means, they are making all these claims without evidence, why house members picked up seats, gop house members picked up seats but the president is projected to be the loser of this election . I, as you just mentioned, pressed that, asked the rnc chairwoman, asked the White House Press secretary who said at that time that she was there in her personal capacity. There was so much going on, and i continued to ask that question about three or four times and theres no answer. Instead what they did was walk through a number of anecdotes, things that were irregularities. Things that could have happened but not things that show a mass voter fraud which is what they are alleging. They are not really on firm legal ground here because were already seeing a lot of these cases be thrown out in georgia and pennsylvania, in michigan. Were seeing judges ask the same questions the reporters are asking which is, where is the evidence . Where is the proof of all of this . And they have not really gotten any proof together. Instead what you see is a legal strategy that is haphazard. We see david bossie who was supposed to be overseeing all the legal strategy. He has the coronavirus. Im told hes doing well, hes not sick. Hes working remotely. But that just tells you how much confusion is going on with the person thats supposed to be heading this up. Hes now sidelined by this pandemic thats also coarursing through the white house. I say case after case after case being tossed aside because there wasnt any evidence. So far, most republicans are defending the president s actions which is obviously, one reason why were so anxious to hear from them later this morning. Are they going to continue to defend, for example, the trump agency in charge of the transition . Not signing a key document to begin the transition process . What mike memoli just talked about . I mean, what are you hearing about Donald Trumps continuing hold on republicans on the hill . Well, President Trump doesnt want to face the biggest thing that he has feared his entire life and thats that hes a loser of this election. And im hearing that republicans are going to stick by him. I had a long conversation with a number of republican officials. They said this. What are we supposed to do . Hes the leader of the party. Hes someone who found new voters, 5 million or so new voters to come in and back him in this election. He has a hold on these voters and theyre worried their base is going to abandon them in 2022 or 2024. Mitch mcconnell is very, very worried about those two senate seats down in georgia. He wants to win both of those runoffs so he does not want to compromise any sort of relationship with the president or his Republican Voters rather. So what were seeing is a gop that is absolutely circling the wagons around donald trump. I will say, though, most of the people i talked to said, of course hes going to lose. Of course hes not going to be president next year but it still holds true hes going to be the person thats the leader of our party and as a result were handcuffed to him. They are handcuffed by the politics of this and are not going to be moving on, not going to be challenging the president until Mitch Mcconnell and others see it has to happen and were not sure when that could happen. More than 70 Million People voted for him. They are very aware of that. Yamiche, always great to see you. Peter alexander and mike memoli. Now to our latest in the fight against the coronavirus pandemic. Cases are on the rise in more than 46 states with six Straight Days of cases surpassing 100,000. Deaths are also up in 36 states over just the past couple of weeks. But this morning, there are some signs of hope. The fda granting emergency use to eli lillys antibody drug which may prevent people from developing serious symptoms. Pfizer released promising results from its covid trial. But thats not going to happen overnight. As cases rise across the country, some states are putting new restrictions into place in an attempt to stop the spread. Lets take new jersey for example where nbcs Antonio Hilton is standing by. Antonia, what are the new rules there . What are you hearing . Hey, chris. Im in morristown, new jersey. Just yesterday, governor murphy announced a new set of restrictions that primarily target the food service and Hospitality Industries here. And this is coming on the heels of a big uptick in cases. To give you a sense of the landscape. Between last thursday and monday morning they added about 9,500 new confirmed cases and 11 new deaths bringing the states death total up. Governor murphy felt he had to act on this. Starting on thursday from 10 00 p. M. To 5 00 p. M. There will be no Indoor Dining or Beverage Service at all at any indoor establishments. And there will be no more indoor interstate sports games. So if you have a high school or playing hockey, theyll no longer be able to do sbraiinter travel and play those games indoors. As ive spoken to Business Owners around here, its the people running the diners, the bars that are open late night who are most concerned right now. And i spent some time last night with a man named Ryan Fitzgerald who runs a bar around the corner from here called grasshopper on the green. Hes pretty nervous about what all this means for his business. Its really, really tough times for our particular business in this pandemic. I get it. We serve the public. But theres a lot of places i go to that are crowded whether it be home depot or costco. I know their numbers are restricted as well but i feel like they arent feeling it like we are. I heard one of my bartenders say he may have to look for other work. These guys have been with me a long, long time. Weve been open over 15 years and i pretty much have the same staff since we opened as far as my bartender goes. Theyre not just employees. Theyre family. One other point that brian raised with me that i thought was good important to share. If you run a bar, a diner in a town like morristown where its a lot of young people, a lot of College Students, those 10 00 p. M. To 5 00 p. M. Hours are not only where youre just making the most money for your business but the people you employ are making the most in tips. Theyll not be able to make those up during lunch hours. Theyre expecting to take a big hit before the Holiday Season when they were expecting to make up for some of the losses theyve had earlier this year. Antonia, thank you for that. Joining me to talk more about this is dr. Naheed bhadelia from boston medical center. I want to start picking up on what antonia just said which is College Students. I was just reading this morning about the growing concern that College Students who were actually at college are going to be coming home and theyll be with their families. Obviously, some of them in high risk groups. And the concern about what that might mean. As we head toward thanksgiving and people are considering their travel plans and folks are considering, well, should my kid come home from college, whats your thought . Good morning, chris. I mean, i think that is one of the biggest concerns because College Students are a part of this big swath of the country we see potentially may be traveling for the holidays. So just having them move from one part of the geography of this country that potentially may be more high risk to another or vice versa, youre creating this environment where you might have different communities sort of bring those risks together. We know even though cases are rising in almost every state, weve seen 46 increase in cases over the last three weeks. There are definitely areas that are harder hit. And so my suggestion really would be, you know, an assessment of who is sick at home . Who is vulnerable . And really what i regret is that there isnt more clear guidance about this because i think what families need to consider is, should the students quarantine beforehand . Should they get tested beforehand . All of those are steps. They dont completely guarantee that your student may not potentially bring home that risk but those are some steps and mitigations. The other is to stay safe during travel. The safest, of course, if they have the capacity to stay on campus this year. Six Straight Days of more than 100,000 cases. Its daunting when you look at the way the numbers are going, and youve been warning about it about how it was likely to get worse. What can we do right now to change xoucourse . Obviously, joe biden has his team in place but that doesnt start until january 20th. Where should we all be looking to . What should we all be thinking about . Chris, this is a particularly dangerous time. I cant underscore this enough because this is different than what the summer and the spring. Were looking at potentially having multiple epicenters of really increasing cases and strain our health care systems. And the guidance hasnt changed. Maybe its so simple people feel there must be something else. It remains that we need to take those personal measures of wearing those masks, of not gathering in large groups, of maintaining physical distance. And if we can help it, to not travel this year. What i see the states doing, rolling back of reopening. I wonder if enough states are doing enough of that rollback and the thing thats keeping them from doing that is really that we havent passed yet the next covid relief act as you heard from antonia. The impact this has had on businesses. Passing that is going to allow us to roll back the reopenings and not make our businesses suffer. That has to be our reality because those two are tied together. So, lets talk about the good news if we can. And that is pfizer yesterday saying, you know, they have this vaccine. There are still hurdles we have to get through. And one of them was talked about by the hhs secretary alex azar who was asked i guess actually this morning, about distribution. Let me play what he had to say. Anticipated well have enough vaccine by the end of december to have vaccinated our most vulnerable citizens in Nursing Homes and otherwise and by the end of january, enough for all Health Care Workers and First Responders and enough for all americans by the end of march to early april to have general vaccination programs. Early april for general vaccinations . Does that sound realistic to you . I think chris, this is going to have to play out on how they have operation warp speed has its very ambitious plans. Theyll do as many the government has invested in manufacturing a certain number of doses to take into allocation determining who gets it. Its going to be Health Care Workers and vulnerable populations first. Then distribution, then administration of the vaccines to people who need it and then monitoring to make sure theres no side effects. These are all plans on paper, chris. As you know, the devil is always in the details. For example, even with allocation, theres best uses. All the states are asked to create their own Vaccine Distribution plans. Massachusetts is thought to potentially get my own home state is thought to get between 22,000 to 50,000 doses. Thats not enough for all the Health Care Workers and high risk. Then they have to have other facilities to have their path of who should be getting it and who shouldnt be getting the vaccine. In october, we know that cdc director redfield said they still need federal funding to pull that plan together. So we dont know if thats going to come together. All this to say it is ambitious. Well see if it actually plays out the way they wanted. Dr. Bhadelia, always great to see you. Thanks for being such a knowledgeable and trusted voice. We do appreciate you. Speaking of knowledgeable and trusted voices. At noon eastern, Andrea Mitchell will interview dr. Anthony fauci live. Stay tuned for that. Coming up right here attorney general bill barr authorizing a federal investigation into any credible claims of voter fraud. Its a shocking move that pushed a highranking doj official to resign. The guy who oversees voter fraud investigations. And later, georgia republicans are fighting two battles right now. Of course, one to win the runoff elections but the other inside their own party. You know limu, after all these years its the ones that got away that haunt me the most. [ squawks ] cause youre not like everybody else. Thats why Liberty Mutual customizes your car insurance, so you only pay for what you need. What . Oh, i said. Uh, this is my floor. Nooo only pay for what you need. Liberty. Liberty. Liberty. 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Now shortly after announcing that policy change, the justice official who oversees the Election Crimes Branch quit his post in protest. Lets get more from Nbc News National Security and intelligence correspondent ken dilanian. Hey, ken. First, help us understand why attorney general barrs move is being taken as such a big deal here. Hey, chris. Its a big deal because its a basic principle at the Justice Department that they should not take investigative or prosecutorial action that interferes in an election. They dont take action within a certain number of days before an election but that also extends to after an election, until now, that is. The rule was you dont take action until the results are certified. You dont investigate in a way the public can see until the election is certified because they were afraid even news of an investigation could impact how the states decide the results. And any kind of challenges or litigation which is what trump is doing now. So this barr memo has overturned that rule. That means that republican appointed u. S. Attorneys around the country are now free to issue subpoenas, send fbi agents to interview voters, take open action which will be reported in the press which will further fuel the millions of people who believe what donald trump says without evidence which is that there was widespread fraud and the election was stolen. Barr himself does not believe there was widespread fraud but this action will have the effect, many people fear, of creating the impression that there is something to what trump is saying when, in fact, there has been no evidence. Yeah, i can affirm at least in pennsylvania where i was for more than a week, i heard it time and again from Trump Supporters that they tlbl belie there is fraud out there that could overturn the election. This is an administration where the rule seems to have been norms are meant to be broken. But what are your sources telling you about reaction from inside the Justice Department to this . That people are deeply disturbed. That the resignation of this chief of the Election Crimes Branch just really says it all. This is a person who is described to me as the soul of that part of the department who has stepped away from his job saying, i cant countenance this. What im told is he speaks for a lot of people who are really have been concerned for a long time but, really, this takes the cake. They are worried the attorney general is just merely doing the political bidding of the president with no gain for public policy, chris. Thank you so much, ken dilanian. Let me bring in ned foley, the director of election law at the ohio state university. I need to put the in there as a native buckeye. I want to pick up on what ken said. There is this deeply disturbed reaction within the Justice Department, especially people who deal with elections and real election fraud. So do you understand that reaction . Whats your reaction to the attorney generals decision here . Well, i agree with what ken just said. I think this is inconsistent with all past practices for all federal elections. But theres an additional point, i think, thats worth making given this is a president ial election. Theres a special time table involved with president ial elections related to the whole Electoral College process. Theres only five weeks between election day, which was last tuesday, and then tuesday december 8th which is the socalled safe harbor deadline when states are supposed to complete all their proceedings for certifying the popular vote in each state so they can appoint electors. Its a very tight time frame as florida learned back in 2000. And thats all the more reason that the Justice Department policy of letting state certification take place as it should. In other words, the primary responsibility here is for state officials to complete the vote counting process, deal with any recounts that may be necessary or any litigation and do it all pursuant to state law. Thats how congress set it up in the electoral count act which is part of the whole Electoral College mechanism. So i think theres special considerations at play because this is a president ial election. So at the same time that bill barr was taking his action, and i know you saw this, the president was stoking the flames by tweeting out false claims about voter fraud, vote counting in several swing states. The Vice President tweeting, this aint over. They say theyre going to keep fighting. Mitch mcconnell says the president has a right to pursue recounts and lawsuits. And then theres this new poll that shows 7 in 10 republicans think the election was not free and fair. 70 , ned. Where do you sort of see the split . Is your major concern not that the election will be overturned, but that people wont have faith in elections . Do you look at this and say, maybe this could actually have an impact . Maybe there will be court cases Going Forward that are sort of taking away from what we think we know. Where is your head right now . Yeah, so, i mean, i think there will be these court cases but theres no evidence to suggest that theres a basis for overturning the result. So the process does have to play out. That is true. But people shouldnt believe that the process is going to reveal an answer different from what it appears to be now. I think you can have both thoughts at the same time. Let the Legal Proceedings take place. We are a country thats a rule of law. We have to use the rule of law. But legal challenges have to be based on evidence. And what worries me about what you were just saying is that people seem to think that they can deny the reality of the numbers. Voting and counting ballots is about numbers. And normally those numbers dont lie. Nobody likes to lose an election. This election was particularly hard fought. But the fundamental nature of elections in democracy is there will be a winner. There will be a loser. And its necessary to have that reconciliation where both sides can agree that one side won and it won accurately and authentically based on the counting of the votes. Ned foley, thank you so much. Thank you for your cello. Ken dilanian had a raging fire. Its not only the smart people talking about the great backgrounds. Up next, the markets are just about to open up coming off a strong rally on monday. Will the positive vaccine news carry over for a second big day on wall street . Former secretary of defense mark esper issuing a stark warning about his possible replacement. [ thunder rumbles ] [ engine rumbling ] [ beeping ] [ engine revs ] uh, you know theres a 30minute limit, right . Tell that to the rain. 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Our subaru forester. mom it sure is. mom vo over the years, we trusted it to carry and protect the things that were most important to us. mom good boy. Remember this . mom vo we always knew we had a lot of life ahead of us. mom cmon. Hi mom vo thats why we chose a car that we knew would be there for us through it all. male vo welcome to the subaru forester. female vo get 0 apr financing for 63 months on select new 2020 models, now through november 30th. Heart monitors that let your doctor watch over you, just like you watch over your best friend. Another lifechanging technology from abbott, so you dont wait for life. You live it. Breaking news that were watching very carefully for you because the markets just opened moments ago. Up 161 points following a major rally monday after pfizer announced its early data shows covid19 vaccine is 90 effective. Joining us now, dominic chu. Are we in for another big day . It could be another big day. Theres a wait and see mentality. The reason why is exactly what you pointed out. It was such a massive move to the upside yesterday that it caught a lot of traders off guard. This notion we could get a vaccine that has a 90 efficacy rate so early on did take a lot of folks by storm. And for that reason, the massive moves higher are now being tempered just a little bit here because theres an expectation that things are going to be a little bumpier along the way. We dont know all the full facts about the vaccine yet but there is this notion currently playing out that if we were to get one, the companies that would benefit the most are the ones beaten down the worst. Were look at mall operators, people Like Airlines and cruise lines, restaurant and bar operators. Those type of things. Meerg meanwhile, the zoom communications, peloton, were watching all of those. Dominic, chu, thank you. And growing fallout following President Trumps firing of defense secretary mark esper. The president making the announcement on twitter late yesterday saying hes replacing esper with director of the National Counterterrorism center, Christopher Miller. Lets get more from National Security correspondent courtney kube. So youve reported esper was already preparing his resignation letter. What are your sources telling you about why the president made this decision now . Thats really the big question here, chris. Why now . The timing. So back up to before the election. There was widespread belief secretary esper was likely to either be fired or asked to resign right after the election. Soon after the elections. People were even talking about wednesday of last week. Then we had a situation where we didnt have Election Results for several days and were still now in a situation where President Trump hasnt actually conceded that hes lost the election. Because of that, defense and pentagon officials last week and into this week were saying, well, we think he might actually that the president might not actually ask secretary esper to leave until there really say result that the president has accepted. Then, of course, we had the surprise tweet monday. We know it surprised secretary esper. He got a call from white house chief of staff mark meadows just before the tweet went out. They were not expecting him to be fired via tweet and certainly not to be fired yesterday afternoon when it occurred. So the question is, why now . The concern is that maybe the decision by President Trump was because he wanted to put someone in there who would not push back on certain decisions. Some of the decisions that esper has pushed back on in the past several months are the use of the insurection act over the summer to quell civil unrest. Secretary esper made a stance on the issue of renaming bases named after confederate leaders and generals. Those are two areas he and the president clashed. There was tensions there was severe tension between the two men because of those. And now the concern in the National Security community is, was this just President Trump being vindictive and firing secretary esper because he could or does he have some other motivations here, chris . Yeah, but they are real world implications, obviously. And speaking to the military times before he was fired, esper said who is going to come in behind me . Its going to be a real yes man and then god help us. So what can you tell us about espers replacement, Christopher Miller . Yeah, thats right. That yesper moniker that even President Trump used for him in public one time, that really bothered him. It rubbed him the wrong way, something he tried to get rid november his final weeks and months in the job. Hes now been replaced with Christopher Miller. He got briefings on current situations around the world, nuclear codes. They got him ready to take over the position. Miller is not the pentagon is not new to chris miller. He was there before he went over to nctc, the national counterterrorist center. He served the majority of his time there. Hes been serving in special Operations Special forces capacity. His last job he was working in policy at solig which is special operations low intensity conflict. He served in the u. S. Army for more than 20 years, became lieutenant colonel, did a number of deployments, and i spoke with a number of soldiers who served with him out in the field and they really praised him. Its not 100 clear why President Trump decided on chris miller in this instance because he could have gone with one of the service secretaries. Anyone who was Senate Confirmed. But he plucked him out of nctc where hed only been for three months, chris. Something to keep an eye on. Courtney, thank you, as always. We appreciate it. Up next make or break for obamacare. What to expect as the Supreme Court prepares to take on the law that more than 20 million americans depend on for health insurance. [ sneeze ] skip to cold relief fast with alka seltzer plus severe powerfast fizz. Dissolves quickly. Instantly ready to start working. Oh, what a relief it is so fast its time for aerotrainer, with your weight and health . A more effective total body fitness solution. announcer aerotrainers ergodynamic design and four patented air chambers create maximum muscle activation for better results in less time, all while maintaining safe, correct form and allows for over 20 exercises. Do the aerotrainer super crunch. The prestretch works your abs even harder, engaging the entire core. Then its the back extension, super rock, and lower back traction stretch to take the pressure off your spine and stretch muscles. Planks are the ultimate total body exercise. Build your upper body with pushups. Work your lower body with the aerosquat. The aerotrainer is tested to support over 500 pounds. It inflates and deflates in less than 30 seconds using the electric pump. Head to aerotrainer. Com now. Now its your turn to lose weight, look great, and be healthy. Get off the floor and get on the aerotrainer. Go to aerotrainer. Com, thats aerotrainer. Com. And remember the moment that things, for one strange time in our lives, got very quiet. We worried over loved ones, over money, over our planet, and over takeout. Lets remember this time when so many struggled to feel secure, and build a future where everyone can. Because when the world seems like its standing still. Thats the perfect time for us to change it. In just moments, the Supreme Court is set to hear arguments in a case that could leave health care for more than 20 million americans hanging in the balance. For the third time, obamacare will be argued before the court. Now in 2012, the court upheld the laws individual mandate requiring most americans to get insurance or pay a penalty. In 2015, the justices said the government could give tax subsidies to help poor and middle class people buy health insurance. But this was all before the Senate Confirmed three justices appointed by President Trump, including Amy Coney Barrett just two weeks ago. So lets go to sahil kapoor outside the Supreme Court. Lets talk about the main arguments before the court this morning. What are we going to hear . Im standing at the Supreme Court which in just moments will hear this high stakes case as to whether the aca is valid or should be thrown out. Here are the arguments. 18 red states led by texas are contending that because congress zeroed out the individual mandate for coverage, it is no longer constitutional, and they argue a second step that if the mandate cannot stand, then the rest of the law should be thrown out. This would obviously have enormous implications, about 20 million americans have gained coverage through this law. Many more are benefiting from protections such as coverage for preexisting conditions. The defenders of this law say this is an incorrect reading of the law. That you dont make a provision unconstitutional by lessening a penalty for it and the intent of congress was amply clear in 2017 when it rejected measures to undue the aca, chris. So, obviously, a lot of eyes are going to be on Amy Coney Barrett, first big highprofile case today. But what other judges are people watching to determine which way the court might go . Chris, of course, they have to count to five to get a majority. Lets say they get Amy Coney Barrett, not entirely clear, but lets say they get her, the most conservative justices on this court of Clarence Thomas and samuel alito. Both have sided with the plaintiffs in the past to overturn the aca. Theyll need those two and two more. Likely suspects are Brett Kavanaugh and neil gorsuch. Two trump appointees who have not ruled on an aca case on the Supreme Court. Its not clear where they will stand. Some have hopes of holding on to the vote of Brett Kavanaugh. He recently wrote skeptically attempts to railroad through, otherwise constitutional laws by looking at an obscure illegal provision in there. So they have to get all of those justices. They are probably not going to get chief Justice Roberts who believed the individual mandate was constitutional in 2012 to begin with. Three democratic appointed justices also will be very difficult to get for them. Chris . An incredibly fascinating and incredibly consequential debate about to start. Sahil, thank you very much. Next, georgias republican secretary of state says he isnt going anywhere. Why senators from his own party want him to resign as votes in the battleground state are still being counted. And most important is the ability to transform the smallest of businesses right in our neighborhoods. We created the 5g Business Impact challenge to give them the tools for them to come back stronger. The things that folks are doing today to survive during the pandemic will help them become more resilient into the future and Technology Like 5g is whats really going to enable that. In connemara. Right connemara it is theres one gift the whole family can share this Holiday Season, their story. Give the gift of discovery, with an ancestrydna kit. Americans from both parties. Turned out to vote in numbers like we havent seen in a hundred years. And Election Officials counted those votes carefully, transparently and in accordance with the law. So, no matter who you voted for, if you cast a ballot, or counted them. Thank you for showing the world that even in times like these, america is still going strong. Yes we need everyones help. Not Everyone Needs to come to georgia, but Everyone Needs to pour into georgia and reach out to anyone you know in georgia, near georgia, been to georgia, can spell georgia and let them know how important this election is. Well, that was stacey abrams. If you can spell georgia, she wants your help because georgia is getting ready for the two Senate Runoff elections. And the republican candidates are taking aim and not just at their democratic opponents. Republican senators kelly love ler and david perdue called on georgias secretary of state to resign. They blamed him without evidence for unproven failures in the process. They recommended that they focus on their own races right now. To help republicans keep the senate. Priscilla thompson has been all over this story in atlanta. Lets talk about them going after a member of their own party. What is the political calculation here . I mean, i think that is the big question here. And lots going on here in georgia. Were learning this morning that the Trump Campaign is requesting a hand count when they get that recount here in georgia. That means they want the secretary of States Office to hand count nearly 3 million ballots across 159 counties here. And then meanwhile, we see loeffler and perdue coming out saying the secretary of state should resign, hes not being transparent and honest in the elections with no evidence of that. I want to read part of the statement they released saying the secretary of state failed to deliver honest and transparent i elections and failed the people of georgia and should step down immediately. The secretary of state has responded saying he will not resign and ticking through the number of press conferences and releases he has put out in an effort to be as transparent as possible. He will focus on an accurate and transparent count. The candidates should focus on keeping the senate in republican control and managing the campaigns that they need to run in order to be successful in that runoff in january. Thank you, so much. I tell you georgia is not the only place where the secretary of states are under attack. Thank you. Appreciate it. Be sure to watch tomorrow. Georgia Senate Candidate will join stephanie live right here. Okay. Before the runoff states are still being counted, the votes still being counted for the president ial race. Lets go, yes, are you ready . To Steve Kornacki at the big board. I cant believe they give you six or eight hours off. What states are we watching . Lets look. Start on georgia. Obviously you know as youre talking about it within that half a point margin statewide. That does open up the recount. That can happen. I think take a look here. Joe bidens lead sits at 12,000 votes and change. If you look at the modern history of recounts when youve had them in all sorts of states and every state around the country, when you have statewide recountries when they change the result, the result of the initial count is usually 300 votes, 2 00 votes. Well under 1,000. You dont see them changing the outcome when its 10,000, 12,000, 12,000 and change. For biden to be going into this recount, its narrow, but for biden to be going into this recount ahead over 10,000 votes, usually you do not see recounts reversing a lead like that. In the grand scheme of things, this has a razor thin race in georgia. In terms of setting up the potential to overturn something in a recount, thats a big pad that biden has in georgia. So we will see how it plays out in georgia. That could if biden hangs on, that could be another 16 electoral votes for him. If you go north to north carolina, trump sitting on a 75,000 vote advantage right there. Weve been sitting still for a while. Theoretically theres a chance biden could overtake this practically speaking. Its hard to see how biden could make up that kind of gap with these. Its mail ballots that arrived days after election day. Alaska is simply a matter. People have forgotten alaska has been called yet. Alaska is a matter of the states theres a bunch of votes theyre not going to get to until november 10th. A stretched out process there. You see trump is already well comfortably ahead there. Well see what happens with the new batch. I wouldnt necessarily hold your breath on alaska if youre a democrat. But georgia, biden could win if he hangs on there. Could get to 195 if he wins georgia and that leaves arizona. In arizona the story continues to be as more votes are tallied late, trump is cutting into that biden lead. But it doesnt seem that hes quite on pace to overtake biden. But this one looks like its going to end in a very thin place still. If biden gets it, if he hangs on in arizona, if he gets georgia, then he would land not at 279 but 306. And 306 was the winning number for trump four years ago. Which a lot of republicans said was a landslide. Before we go, i know everybody is piling on the kornacki love, but i want our audience to see this. I got you a Little Something because, you know, this is for you. Okay. Look at that. Yeah. Its a subway 5 gift card, and we love you. This is kind of you. I wish i had something i mean, youre welcome to i dont want anything. Steve kornacki, everybody, the one and only. The one and only. I mean, come on, steve. Somebody knocks on your door, usually its me, panicked. Explain to me, and it was jimmy fallon. Thats not the visitor on floor two, thats not the visitor were used to getting. That was quite a surprise yet, and he said dinner and a drink, is subway card and a flask of jack daniels. Yeah, but have you seen if the subway card works and he put money on it . I havent tried. Ill take him at his word. Jimmy is a standup guy. All right. Steve, thank you as always. Youre the best. That wraps up this hour. Im chris jansing. Hallie jackson picks up the coverage next. We started by mg the cloud easier to manage. But we didnt stop there. We made a cloud flexible enough to adapt to any size business. No matter what it does, or how it changes. And we kept going. So you only pay for what you use. Because at dell technologies, we stop. At nothing. Hi jen hi. So youre the scientist here. Does my aveeno® daily moisturizer really make my dry skin healthier in one day . Its true jen. Really . this prebiotic oat formula moisturizes to help prevent dry skin. Impressive aveeno® healthy. Its our nature. Lets be honest. Quitting smoking is hard. Like, quitting every monday hard. Quitting feels so big. So try making it smaller, and youll be surprised at how easily starting small can lead to something big. Start stopping with nicorette. As we come on the air, obama care on the line for 20 million americans. The Supreme Court
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