really about. saying thanks the our veterans and everyone who's protected our country can and our values. that's the key, we've got to maintain that. che earl cheryl yeah. luke lloyd, great to see you as always, and congratulations. he just told me that during the commercial break and, john, wonderful the you as well. that is it for me. real quick taking a look at futures, yesterday was a pretty bad day at the office but right now we're turning things around. you're welcome, stuart varney -- [laughter] have a wonderful memorial day. over to you. stuart: i shall try. good morning, everyone. oh, what a night it was. trump rallies in the south bronx, and the crowd goes wild. no republican presidential candidate has a appeared in the bronx since ronald reagan four decades ago. it's alien territory to the gop, but last night trump delivered an upbeat and positive message. it was a diverse audience, and they liked what they heard. more on that in a moment. here is what's happening on the markets this morning after

thursday's heady selling. the dow can lost 600 to points thursday, a modest bounceback in the early going today. dow's up 50, nasdaq up about 60. there was one huge winner or thursday, winner for some time now, and that's nvidia. no serious pullback this morning, in fact, it's up again, another $9 higher, expect 932% -- .if 92%. interest rates, not that much change. the yield on the 10-year just below 4.5%. the yield on the 32-year treasury is just below 5, 4.96. bitcoin, we have that placed at, let's see now, 67,4 right now. and gold, $2335 at last -- no, 2363 we have it now. oil, $76 a barrel. regular gas averages $3.60 a gallon, that's down one cent. diesel, $3.89, down one cent. politics. confusion at the president's press conference. he wasn't sure what question he'd been asked.

he took only two prearrangeed questions. a well known pollster, nate silver, says bide, quote, needs to consider stepping aside if he's still struggling in august. there is a growing color race of democratchorus of democrats who want a different candidate. we're talking hundreds of millions of dollars going to fund division and hate, and it's your money. and we'll draw the parallel between ronald reagan's visit to the bronx in 1980 and donald trump's rally there last night if. in the 1980 election, ray began won new york state. does -- reagan won new york state. does the parallel hold for donald trump in 2024? we'll see. it's friday, may 23rd, 2024, "varney & company" about to begin. ♪ ♪ i want to wake up in that city

that doesn't sleep ♪ stuart: first of all, ladies and gentlemen, i did make a mistake right there. the not the 23rd of may, it is the 24th. i should know that because it's my youngest daughter's birthday today and, boy, did i just make money mistake. [laughter] i'm going to call i it an historic event. trump in the south bronx, thousands of support's joined the former president -- supporters joined the former president. madison alworth, take us through the highlights. >> reporter: absolutely, stuart. there were, like you said is, thousands of people and thousands more than the campaign initially expected showed up to this rally. trump himself said on stage we wanted to call this a meeting but, quote, like it or not, this is a rally. native new yorkers need, native bronx residents waited hours to get in, and still when the speech wrapped which was nearly two hours long, hundreds had still in the gotten into the event. donald trump called it a love fest from the campaign stage,

and that a sentiment was returned especially for native bronx residents. >> no president ever came to the south bronx, i don't know. i just came do support and show love. >> for him to be in a place like the south bronx, it's huge. i mean, you've never seen any other candidate do this. biden's not doing this. >> reporter: so this area is traditionally quite blue, but those in attendance wanted the send the message that the democrat party has taken their vote for granted for too long. and we see minority voters are starting to shy away from the if democrat party, and for reasons like the economy and immigration. that is what i heard on the ground yesterday. i heard from multiple people that said my grandmother is a democrat, she's going to vote for trump this november. a lot of flipping. hike you said, this hasn't happened -- like you said, this hasn't happened since reagan. trump is still behind by 9 points according to the latest sienna college polling, but he got a warm welcome last night,

stu. stuart: earthly are. great report disturb earthly. very exciting evening. -- evidently. rachel campos duffy join me now. rachel, you've been talking to new yorkers about trump in the south bronx. what have they been telling you? >> yeah, i went the day before, which was interesting. i think it's a great way to test the waters. the democrats had said trump's not welcome and they had counter-protests planned. and i went in there and i was thinking, you know, if trump's lucky, or maybe this'll be the 50-50 crowd of people for him versus against him. i didn't get that at all, stuart. i talked to dozens of random people on a corner right there just a few blocks away from where that the park was, and it was 99%, yes, we wbt him to come. -- we want him to come. i'm excited for him to come. i'm honored he's coming into the south bronx, no one ever comes in here. we want him to see how our

neighborhood has deteriorated and how much crime we have and just the level of frustration and sort of the sense of hope that somebody like him with his stature was coming was incredible. stuart: talk about a stark difference from trump. here's president biden at his press conference yesterday. watch this, rachel. roll tape. >> thank you, mr. president. the two questions, if i may, on -- >> no, one. okay, next -- next question as well? >> let me ask, are you -- [inaudible] >> what was of my question? [laughter] if. >> sir, your question was haiti of -- >> with let me ask -- [inaudible] from ken ya? [inaudible conversations] >> this concludes the press conference. thanks, everybody.

stuart: you know, i said a stark contrast, and i mean it. that is a stark the contrast with trump, right? >> stuart, do you remember reading that story, the emperor's new clothes, when you were a kid? >> yeah. >> i mean, it struck me as i watched that video, that -- all of those people sitting in that room are pretending like that president, our president is well. he is not. he is not up for the job. there is no company in this country that would have allowed this man to continue in the mental state that he is. and you're right, the contrast of the energy and the love and sort of the understanding of what's at stake the that was discussed in the rally last night versus this president biden who just doesn't even seem to know why he's there or who he is or what's going on. stuart: yeah. >> and in front of a world leader, it's very 'em bearing for all of us.

it's carry. stuart: there is no company in the world which would hire joe biden as its ceo. >> no, never. stuart: rachel, thank you for your contribution today. we really appreciate. see you soon. listen to this, a prominent pollster wants president biden to contemplate stepping aside. all right, who is it and what exactly is this guy saying? lauren: it's nate silver. i a often read his muse if letter. he said it on a podcast, and he reuped it on, and. he said if biden is still struggling in august, he needs to the to consider stepping aside. it's not a great situation for democrats, but you have to do due diligence on the question. it is an important election. obviously, it shouldn't be that boo talk about. can and -- taboo to talk about. and he gave two reasons why he thinks biden should be replaced. he's down in the polls, trump is up especially in the swing states, and biden committed to two debates. not three, not late debates closer to the election, so where's the cat lust coming from? -- catalyst coming from?

stuart: he says he's debating too early. lauren: yeah. stuart: powerful guy, nate silver. when's this about biden's campaign making a play for nikki haley's supporters and votes? lauren: so the biden campaign if team held a zoom on wednesday night with nikki haley supporters. many of the nikki haley supporters are never trumper. what reason do do you give them to vote for biden as nikki haley said i'm voting for trump? so the biden team wants to know, well, hey, haley supporters, if you're never if trumpers, how do we give you a reason to vote for biden? what issues are are important to you? stuart: did they get an answer -- lauren: not that i know of. [laughter] maybe nikki haley wouldn't have said nicker but the fact that she came out -- anything, but the fact that she said she's voting for trump, that is a very bad sign for biden. these are never trumpers. can they be coerced into voting for trump like nikki haley? stuart: we'll see. let's turn to the markets on a

friday morning and bring in kenny polcari. i see green on the left-hand side but not much. let's talk about the el pant -- el elephant in the room, nvidia. they're up again this morning. are you onboard or with this? are you in in this stock? if. >> i'm in it, i've been in it for a while so, yeah, it's not a new position. we've owned it as a firm, i've owned it individually so, yes, i'm in it, i'm even more committed to it after what we heard on thursday evening. stuart: no pullback -- >> or wednesday evening. stuart: no pullback in the near if future, no downside move? >> listen, it might because it had a very dramatic move, but with i would actually view that as an opportunity to get in more. look -- and it's also, we mow it's going to split on june 10th, so it's going to become a $100 stock. while we know it doesn't do anything in terms of market capitalization, it just makes it now more appealing for the retail investor that feels like, you know, it's a $1,000 stock, i

can't get in, but at $100 i might be able to buy in and participate in this excitement p. so i'm all in. i think you've got to be all in. it's a name for the future. stuart: i know you like gold, and gold has had a pullback recently. it was $2400 an ounce, now it's 2367. you buying some more? >> yeah. but, listen, gold has had a very dramatic move this year, right? and so i expected this pullback. we came right down yesterday, we touched and we keyed support -- kissed support. we bounced off there, looks like we're bouncing off there today. i think gold is fine between 2360-ish and 2400, it's a place that, you know, i think you can feel comfortable owning gold, yes. stuart: got it. kenny poll car erie,, have a great long weekend. >> you as well. stuart: thanks, kenny. the governor of new york, that would be kathy hochul, says trump's supporters are clowns. roll tape. >> i'll tell you what won't make a difference at all a, jake, and

that is for donald trump to be the ring requestleader of -- and invite all a his clowns to the a place like the bronx. stuart: question, was that a basket of deplorables moment? [laughter] tammy bruce fired up about it, he's in the 10:00 hour -- she's in the 10:00 hour. shopping video at the border with as illegal immigrants used a ladder to -- cartel members useded a ladder to get illegals over the wall. we've got a full report next. ♪ ♪ trading at schwab is now powered by ameritrade, unlocking the power of thinkorswim, the award-winning trading platforms. bring your trades into focus on thinkorswim desktop with robust charting and analysis tools, including over 400 technical studies. tailor the platforms to your unique needs with nearly endless customization. and track market trends with up-to-the-minute news and insights.

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he's been waiting to update his equipment! there's a smarter way to save. comcast business mobile. you could save up to 70% on your wireless bill. so you don't have to compromise. powering smarter savings. powering possibilities. life's daily battles are not meant to be fought alone. - we're not powerless. so long as we don't lose sight of what's important. don't be afraid to seize that moment to talk to your friends. - cloud, you okay? because checking in on a friend can create a safe space. - the first step on our new journey. you coming? reach out to a friend about their mental health. seize the awkward. it's totally worth it. stuart: all right. we've got 14 minutes til the opening bell. big selling yesterday, a little bit of buying this morning. dow up 60, nasdaq up nearly 50. now a take a look at this video.

this is the incident on the border we told you about just a moment ago. lauren, you've got to take us through this. what else do we have? lauren: i mean, can we just get over the fact that they're using a ladder to goafort the border wall? this is near the santa teresa port of entry in new mexico. at one point you can see the migrants on tom of -- top of the the wall, and they start throwing items at the border patrol agos from on top of the wall. look, he just hurled something. if it's brazen. stuart: yeah,s. lauren: they think that is okay, to do. that i can tell you some of the migrants are in custody, but just the gall, the disrespect. stuart: and what will they be charged with? who knows? in america today, what will they be charged with? lauren: they should be charged with assaulting border patrol agent, officers of the law, trying to get into our country illegally. stuart: well said is. thank you, lauren. republican senators demanding answers from the white house about the jordanian nationals caught trying to breach the

quantico marine corps base. i.c.e. confirmed one of the men was caught and released at the san diego border just last month, the other had overstayed his student vis a vis a saw -- visa. carlos gimenez joins us now. this is exactly what we've been worried about a, the terror threat from an open border. we've all been worried about this for a long time, and now it looks like it might be possible. >> it's not only possible, it's probable. and that's unfortunate. we've got 2 million illegal immigrants that have crossed the border, we don't know who they are, why they're here, where they came from or what their intentions are. on top of we know we've caught hundreds of people on the terrorist watch list that we've actually apprehended. how many have we not apprehended? so or yeah. look, director wray from the fbi, he's really worried about the terrorist threat to the united states right now, and so are we in congress. stuart: i'd like to the hear a bit more about the jordanian nationals. i believe they're still in custody, at least one of them is. i'd like to hear more about what

are they here for. >> yeah, right. stuart: you're demanding answers from the department of homeland security because cue i ban officials -- cuban officials toured a secure area of the miami airport guided by the tsa. why were they allowed to do? >> i haven't the faint ifest idea. cuba is on a list of state sponsors of terrorism, so here you have officials from a country that's on the list are of state sponsors of terrorism hooking at our anti-terrorism techniques and equipment with at miami if international airport. not only that, it's miami international airport. we have over a million cuban exiles here, so it was actually a slap in the if face to the community here. and the date, stuart, may 20th, that that's cuban independence day. so it was really pretty well planned to insult everybody here in miami. but it actually9 puts american, americans at risk, you know, throughout the country. you don't think that -- i know that cuba cooperates and is an ally of iran,, china, russia,

north korea. is and so you don't think that that information is being relayed to those countries, especially iran, who also happens to be really tight with hamas and hezbollah and other terrorist groups? i mean, it's insanity. now we're going to have to write some legislation which say, hey a, maybe it's not a good idea to allow officials from a country that's on a state sponsor of terrorism to look at our anti-terrorism techniques and and how we protect american citizens. siewfer stuart yeah. maybe that's not a good idea. you're a trump guy, congressman. >> yeah. stuart: what do you make of the crowd in the bronx and his pitch. to hispanics laos -- last night? >> look, i think the democrats are in full panic mode if after seeing the retseng that that he got in the bronx with, supposedly a really strong blue stronghold. the warm reception that he got there and then the anti-trump demonstration or rally only got about 100 people. yeah, the democrats need to be

in full panic mode because president trump is making inroads with minorities, especially blacks, african-americans and hispanics. why? because he's going to make their life better. he's going to the make americans' life better. look, there's three questions for me, is the world a better case today than it was four years ago? no. is america a better place today than it was four years ago? no. are you and your family better off today than you were four years ago in no. for me, that's three strikes. it's time the strike out president biden. it's time to put donald j. trump back in the white house so he can make the world a more secure place, america great again is and, you know, also improve the quality of lives of every single american. stuart: you are definitely a trump guy. thanks for being on the show morning. >> oh, yeah. stuart: i can tell. carlos gimenez,, thanks for joining us, appreciate it. republicans, hay got some help from the e democrats. together they repealed a bill that would allow noncitizens to

vote in d.c. they repealed that. took it it away from them. so, lauren -- >> yeah. lauren: stuart: how many democrats sided with the gop? lauren: 52. and the final vote buzz 2632-14. you say nonif citizens, but that the includes illegal immigrants from voting. so in d.c. this was a local election issue. the bill would have allowed people living in d.c. for just 30 days, that's it, to register and cast a ballot for mayor,ty council, school, advisory commissions, local issues. but they're trying to do this in other states too. don't set a template in other places for for how you do this. so you had haw makers on both sides of the aisle saying this defies common sense. this is in the election integrity, and they don't want these crazy policies to take hold in other places. democrats agreed. stuart: i'm surprised 52 democrats went with that. lauren, thank you. quick check of the markets, please. this is premarket action.

a little bet of green. dow up 50, nasdaq up 45. the opening bell the is next. ♪ heel, toe, do city doe. ♪ if come on, baby, let's go ♪

stuart: friday morning, three minutes to the opening bell. green on the left-hand side of your screen. mark mahaney with us. uber is back in your top four pick list. why have you put uber back in? >> all right. so happy frirkd stu. i put uber back in because it's recent he got dislocated. there were some midling response to its earnings, but more importantly, this is new overhang issue that perhaps robotaxis will displace the need for ride sharing. i think it's a false flag issue. i look at uber as likely a beneficiary of the rollout of autonomous if vehicles which i still think is 5-10 years out. the reason is this is going to take a long time to get real mass market adoption, and the best way to get that adoption is to integrate autonomous vehicles, i think, within those transportation network like an uber. so i actually think it'll be a positive, i think they'll be a

positive derivative of the eventual rollout to. i take the oh side, i like uber. stuart: just a few weeks ago it had moved up to about $80 a share, i followed it closely, and now it's back down to 63. what's your price target now? >> i'm back at 80. there's no change in my price target. so, you know, when the stocks kind of dislocate down there, there's about a dozen stocks that i look that i think are high quality, and the way i try to pick them is i wait for them to get dislocated for whatever reason, and if i disgreet with it -- disagree with it, that becomes one of my topic picks. that's exactly what we did with google earlier this year, that was kind of a side show when it really, i thought there was some really impress if e product improvements that were going on at google which they just demonstrated in the last two week like google irk o. it's a great company, tons of cash flow and valuation that's highly reasonable. so i look for those kind of

opportunities, and i thought we had it earlier this year with google. i think we have it thousand with uber. stuart: i'm astonished to see that amazon, google and meta combined will spend $100 billion on a.i. this year, this calendar year. that's an enormous amount of money. what does it tell you? >> well, it tells you that there's probably something to gen a.i. no wonder invid. >> rah is doing so well. you just mentioned three of its biggest customers. you throw in microsoft, that's four of nvidia's biggest customers. these are cut cutthroat capitalists, they're all super smart when it comes to technology, and they're generally very thoughtful about of investments. if they think it's worth spending $25-30 billion a year on a.i., there probably something there. and i think you've actually had proof over the last two years if you look at what a meta's done. they completely rebuilt their ad tech stack in the wake of apple's privacy challenge, and they changed their user

experience if you're with an average use user of facebook andness gram, you know that. much broader array of content brought into use news feed. there's a lot of compute power and storage power required to create that new experience for advertisers and consumers. meta dud it, and it's been one of the strongest fundamental turn-arounds in the industry, and i think other people took notice of that. stuart: got it. mark mahaney, have a great holiday weekend. see you again soon. >> happy memorial day weekend. stuart: thanks, mark. all right. the market is about to open. we've got a couple of seconds to go, and we are off to the races. here we go. hit it. thank you. okay. the dow, let's see, let's go with -- the dow is up just 40 points in the very, very early going, and i can see from the dow 30 there's a preponderance of buying. the dow dropped 6000 points yesterday -- 600, not much of a rebound. the s&p 500, way down yesterday,

back up again this morn if by a quarter percent. the nasdaq composite way down yesterday, yeah, it was, and back up one-third of 1% right now. show me big tech, please. presumably, a mixed picture. not bad. alphabet, apple, meta, amazon up. microsoft is down $1.14 at $425. it's the only loser in the top of the big tech board. all right, let's have a look at nvidia. this morning it's back up again another $5 higher at $1,043. but don't they have some headwinds out of china? lauren: so reuters is reporting they're actually cutting the price on their most advanced hip that they sell in china, the health care-20, and it now costs 10 less than huawei. huawei has a high-end chip, and it's selling better than nvidia's. it's a problem for nvidia because they are the a.i., if you ask me, but china's a tricky spot for them as it is for many other of the semiconductor companies because of the restrictions, the u.s.

restrictions on our exports on national security is concerns. and china's about a fifth ifth of inebb vid ya's overall a sales. so this is an issue. you had a 9% if gain yesterday and it's the up again today. stuart: google and meta, they want to bring a.i. to hollywood. lauren: they're pitching the hollywood studios. they're saying use our a.i. tools, you can create a scene, a backdrop, save money in exchange for givings us your movies, your showing, you -- your content so we can help better train our large language models and artificial intelligence technology. so there are platforms now, opena a i has one called soro. you literally can text a prompt, create the scene, and the artificial intelligence can do that. and now these tech companies are saying, all right, hollywood, let's do it, let's make a deal. you help us, we'll help you. stuart: okay. dan ives, he's a star analyst, he's raising his price target for apple. it's at $188 right now, where does he say it's going? lauren: 2275.

>> yes -- 275. this is his point. he said the iphone 16 will be the a.i. smartphone, and it will create a, quote, super e cycle. a.i. will be built into the apple ecosystem that so many users rely on. he says that adds $30-40 a share to apple's stock the piece. so apple's late to the gail, per usual, but they're going to do it better. stuart: i've never if bought apple stock in my if if entire life. i respect dan ives. if he thinks it's going to $275, i'm listening. lauren: okay. stuart: a new study says ozempic may with actually help treat kidney disease. lauren: that's a medical benefit and should be good news for the stock even though it's down because it means, perhaps, more insurance coverage. it was a late stage trial, 3500 patients. they had type ii diabetes, and they were not all overweight or obese. still, given this weekly innext of ozempic, it was found to cut the risk of kidney failure and cardiovascular events by 24%.

24%. late stage trial. that's excellent news, but novo nordisk is down despite that. we're seeing different studies pop if up, all the treatments -- treatments that come from using the weight loss drugs. stuart: the wonder or weight loss drugs. lauren: yeah. they still scare me though. stuart: i want to know about tesla. are they cutting -- i know they're cutting production if of the model y with. lauren: stock's up 1%. stuartout where are they doing that? lauren: china. the model y is the most popular model in china, tesla's a status brand. local ev makers in china are now eating elon musk's lunch. i mean, look at the numbers. if you look at the first six months of this year, chinese evs increased their production by 9 president. the number's 1.6 million. tesla, china first sick month of this year, not even 300,000, down 7%. they're slowing down. chinese automakers are beefing

up, and now elon musk is pivoting away from the idea of the ev being the be-all, end-all. i know mark mahaney says he's not completely betting on the robotaxi, but it seems like elon musk is. they'll have a big event in august to showcase it, and he's talking a lot about optimus if now, the humanoid robot. stuart: keep making those headlines, elon. get your stock up. what's with cracker barrel? they're in freefall just about. what's going on? lauren: if you look at a the concern. stuart: it has been. lauren: the month chart is ugly. they're trying to rebrand. did you know that they sell clothe clothing? stuart: no. lauren: yeah. if you go into the cracker barrel store, there's dresses, and tick tock in-- tiktok influencers are saying is this cracker barrel or anthropology? it's, quote, not as relevant as it used to be. they're in the same category at

applebee's, red lobster, bankrupt. it's a consumer that's watching their pocketbook a little bit more. they're constantly hit by higher prices. store the looks old, menu is old, they're not to rebrand. i don't know if clothing's the way to do it, but i did not know. i knew they sold knickknacks, but clothing? stuart: i don't think i've been in a a cracker barrel since i stopped driving from new york to florida and back. here's one, intuit, tax people. down today, way down. lauren: way down. stuart: after reporting -- what's the big problem? lauren: they beat in the quarter and raise ad their outlook for the full year. the problem is they lost 1 million free turbowith tax users over tax season. the translation is they were free users, and they were unable to upgrade them to the higher-enfeatures. the ceo has said that -- and this was good news for a.i -- we have a.i. in quick back books, in all of our so soft ware, and it's yielding profits.

the average turbotax user took advantage of the a.i. features, but still they lost 11 million of the free users -- 11 million, and investors are saying that's not a good sign. stuart: top forecasters protecting a very strong hurricane season. i guess that's why the insurance companies are faking a hit. lauren: -- taking a hit. lauren: they were down yesterday with. can i just say i'm a little nervous about the atlantic hurricane season? we are expecting 7-25 storms, record high, 8-13 hurricanes, record high. 4-7 major hurricanes, cat 3 or higher. hurricane season begins june 1st. stuart: but you live in new york finish. lauren: i now if -- i know, but i always like to take a summer vacation. this makes me nervous. stuart: coming up, there's still time to send in your friday feedback, e-mail us at varney viewers the@fox.com. madeleine brain is the

mother of an army hero murdered in new york city in 2018. she soak at trump's rally, and -- spoke at trump's rally last night, and she says it's time to vote democrats out. >> get rid of aoc! vote her [bleep] out! [cheers and applause] if get rid of richie torres, vote his [bleep] out. i have nothing to lose. so i can stand up here and i can say this. stuart: do republicans really have a chance in new york? madeleine is on the show, passion and all. the attorney general of kansas, kris kobach, says democrat states are forcing republican states to adopt radical climate policies. he's here to explain what's going on next. ♪ yo, i told you, youment touch this ♪

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stuart: 12 minutes into the session, the dow's up90, the nasdaq's up 63, but that doesn't take away from yesterday's big losses. donald trump asking oil executives to help close his financial gap with joe biden. how -- first of all,s how much does he want, and second -- lauren: a billion with. stuart: -- what are the democrats saying about him asking oil company people for money? lauren: they hate it. he's asking for a billion dollars, and some democrats don't like it, so much so that a group of senators are probing the oil executives who did meet with trump last month. they wrote a letter to the executive at chevron, exxon, occidental and others, and they said did you discuss industry-friendly policies with trump in exchange for campaign cash? did you discuss potential executive action that he could take if he happened to be in office one day? what did you discuss and are you giving him $1 billion in cash? stuart: would that have been illegal? lauren: i don't know. i want to the say, yes, but

isn't that like lobbying? stuart: what do you do as a rob byist? you make suggestions -- lauren: i guess they're a afraid he could potentially get a billion dollars from big texas oil tie -- tycoons. stuart: 19 republican attorneys general just launched a lawsuit against 5 democrat states over their radical climate agenda. they say the new laws are forcing gopstates to adopt these leftist policies. the kansas attorney general, kris kobach, joins me now. mr. attorney general, what radical environmental policies are being forced down your throat? >> well, it's a whole host of anti-fossil fuel policies. and what these democrat states, most notably california, are doing is they're using state court pleading s, they're basically bringing lawsuits on behalf of the state against energy companies in their state. but they are seeking massive damages, and they're seeking injunctive relief meaning an injunction to force the companies to change what they do

with respect to the production and distribution and how users use fuel. so what they're trying to do is change national energy policy by using only the state courts within their state, and that is unconstitutional. it's also illegal, and that's why we're suing and trying to go directly to the united states supreme court. stuart: can you do that? i mean, it's obviously a major issue, and it should go to the supreme court. how long does it take to get there? >> well, the founding fathers of in this country actually contemplated that this was a special, there needed to be an avenue to to go to the supreme court. so in article iii, section two of the united states constitution it says when there is a conflict between one state and another state or between several state, the supreme court has original jurisdiction to take the case right off the bat. and, you know, that makes sense because if you think about the it, if you have two states going to a lower court in state a and rather than state b, you might have the founding fathers recognize manied there might be some bias among those judges, so

they said let's go straight to the neutral court of the high, of the entire with land, and that's what we're attempting to do here. stuart: specifically, what is unconstitution constitutional about what a these five states are doing? >> well, what they're effectively doing is regulating interstate commerce. they're regulating -- they're not only regulating the commerce in the fossil fuels themselves, but they're claiming that the damages arise from air a musician crossing state lines. this is truly an interstate matter that the high court would have jurisdiction to address and that congress certainly heart attacks you know, the founding fathers did give interstate commerce as a power to the united states congress. and so we're seeking relief in the high court, and we expect that if the court takes the case, we will get it. now, that's one of the interesting questions over the years. many people, myself included, believe that the supreme court must take jurisdiction over this case. but the court itself has decided that it can if it wants to or doesn't have to if it doesn't want to. stuart: the okay.

we'll see if you actually get to the supreme court. kris kobach, thanks for joining us. >> my pleasure. stuart: the aoc warns that that gas price will go up if trump is reelected. can you explain that this. lauren: i can't. it's pretty wacky logic -- stuart: try. lauren here you go, in her own words. >> we just saw that the former president met with oil executives last week saying, hey, you give me a billion dollars, and i'll make sure that a you to get the policies that are favorable to raising gas prices and making sure that a lot of these companies continue to price gouge without proper oversight or regulation. and so the idea that he'd be bringing those down when he's cashing in from the same folks that are bringing those prices up, i think, is a little bit suspect. lauren: so -- [laughter] if trump said mega-nomics is drill, baby, drill can, low taxes, low interest rates.

just do supply and demand, right? gas prices will not go up if the drillers are drilling more. there will be more supply, so i just don't get this. i don't get this. she's trying to scare people. stuart: that's right. okay. you're whats if rated. lauren: i'm also exasperated because that was an interview about the rally near her district in the bronx, and that's -- stuart: that's how she got to gas prices? lauren: yeah. i watched it a million times, i don't understand it. stuart: all right, here we go. in 1980 republican presidential candidate ronald reagan took his campaign to the south bronx. that was a gutsy move. four decades later donald trump, another republican candidate, did exactly the same thing, and his audience really liked what it heard. that's my take, top of the hour. some welcome muse for home buyers, prices are falling in some parts of red hot florida. what's going on? ashley webster's looking into it, and ash is next. ♪ baby, don't worry, you are my

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her uncle's unhappy. i'm sensing an underlying issue. it's t-mobile. it started when we tried to get him under a new plan. but they they unexpectedly unraveled their “price lock” guarantee. which has made him, a bit... unruly. you called yourself the “un-carrier”. you sing about “price lock” on those commercials. “the price lock, the price lock...” so, if you could change the price, change the name! it's not a lock, i know a lock. so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for.

♪ stuart: all right. well, home prices continue their upward trend nationwide, prices in some parts of florida are actually fall being. ashley webster's with us. he's actually in melbourne, florida, right now. ashley, what's behind the drop? ashley: well, interesting, more homes coming on the market, stu, which means the competition starting to heat up, and that means prices actually coming down. we're about 25 miles from cape canaveral where the rocket take off. i'm in front of a home that's for sale, a 5-bedroom, 3-bath home in a very nice suburb in west melbourne, and it's been on the market for about a 11 days. what east interesting, stu, is come -- what's interesting, stu, is they're already thinking about dropping the price. $6744,000, again, 5 bedrooms,3 baths, about 2500 square feet. it's very nice, indeed. but as you say, prices have been falling. immediate if january selling price, by the way, for the region here, $335,000.

that's down 3 year to date. 33. but -- 3%. but if you go back to june 202222 in the dark days of the pandemic, prices now down 10%. if you remember, it was a stamm the period of people moving from elsewhere, particularly the northeast, coming town to florida and house prices went through the roof. but now cooling off a little bit. let me bring in kara mattingly. come over here, kara. look, you're already talking about cutting the price on this home. >> yeah. ashley: is that just reality these days? >> it is to be competitive in this market. ashley: and that's because partly there are more homes out there, right? >> some homes, more homes on the market now that the market has gotten a little more interesting here, yes. ash a ash so high interest rate, low inventory, are those days starting to ease a little bit? because it's been very hard, especially for new home buyers, to get on the property ladder. >> of course. interest rates have affected most of our buy writers,

however, we have our sellers offering concessions where they'll help do a buydown on the rate for the buyer. ashley: very good. so business is good? >> yes, absolutely. ashley: there you go. kara, thank you very much. so, you know, what's interesting, stu, is i made the list of those cities where prices are really dropping. they are dropping here, but you look at cities like jacksonville, 26% of listings there are now cutting prices. 25% in orlando, 23% in miami. now, we're talking they came from high levels, so they're still pretty up there, but i would say that some people have started to move if back out of florida, mainly because of family, i'm told. but one thing has remained the same, it's all sunny, the beaches are great and, let me tell you, the the tax are low. stuart: yeah, yeah, yeah. ashley: good enough for me. it's good enough for you. stuart: you just have to rub it in. here i sit in new york city, and you're down there in florida. high tax, low tax, that's the way it is.

have a nice day and enjoy the tax levels. ashley: i will. stuart: back to the markets real fast, please. green on the left-hand side. not much to e of -- of it compared to yesterday's red ink. tammy bruce on governor kathy hochul's comments. she called trump's supporters clowns. steve hilton, the $3 billion shush fund within the green new deal. and sandra smith on fast food inflation. how higher prices translate in the november election. the 10:00 hour is next. ♪ ♪ if

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