bution and broadcasting, inc. right now on america this morning, a historic ruling in the race for president. >> colorado supreme court rules former president trump is not eligible for the state ballot, disqualifying him due to his role in the january 6th attack on the capitol. we take a close look at the ruling, what it means and what comes next. >> holiday travel trouble the west coast bracing for days of rain up to eight inches. and in the east, the flood emergency. hundreds of thousands of power outages. >> the crisis on the southern

border shatters a new record. what authorities are now seeing and former president trump, now addressing critics who say his comments about immigrants echo adolf hitler. >> from toilet to tap the new plan to boost drinking water supplies in the west by using waste water, doctors sound the alarm about the shortage of certain drugs, including drugs for cancer and adhd. >> what and who's to blame? >> the new conflict involving chick fil a, long closed on sundays? can it be forced to open and the misbehaving moose know who quickly learned who's boss. >> from abc news in new york? this is america this morning. >> good wednesday morning, everyone. i'm andrew dymburt. >> good morning to you i'm rhiannon ally. we want to begin with the historic court ruling that could have major implications on the race for president. >> the supreme court of colorado has ruled, based on the 14th amendment, that donald trump is not eligible to run for office

because of his role in the january sixth attack on the capitol. the court saying the insurrection disqualifies trump from the state ballot. >> the trump campaign is vowing to fight the ruling. we spoke to several experts about this overnight. and abc's lionel moise begins our coverage this morning. >> former president trump is vowing to appeal to the u.s. supreme court after colorado's high courtrillionuled. he is not eligible to be on the state's ballot because of his role in the january 6th insurrection. >> they want to silence me because i will never let them silence you. and in the end, they're not after me. they're after you. >> trump campaigning last night did not directly mention the ruling, which is based on the 14th amendment. it bars certain people from holding office if they engaged in insurrection or rebellion or given aid or comfort to the enemies thereof. but the full wording of the amendment is under scrutiny because it does not specify the president. it only specifies certain elected officials, end quote, officers of the government. the big question was

, was trump as president an officer of the government? the lower court in colorado said that they found that president trump did engage in an insurrection, but then they they relied on kind of a narrow, almost technicality to say, we don't believe that this is an officer of the united states, but colorado supreme court reversed that decision in a 4 to 3 ruling, saying trump was an officer of the united states. >> this will rally republican primary voters around donald trump. it makes democrats look like they're going after donald trump again. instead of going after him at the ballot box. >> critics of the ruling saying trump has not been convicted of any role in the january 6th insurrection and therefore should not be punished. one of the three justices in colorado in his dissent wrote the majority opinion flies in the face of the due process doctrine . trump has already faced 14th amendment lawsuits in several other states. this is the first time he's lost. >> and so in some ways, if the supreme court reversed as the colorado supreme court, they'll be sort of with the majority of

judges. so far who've looked at this question, critics of the colorado ruling say judges are taking away decisions that should be made by voters. >> legal experts say in the end, that will be up to the u.s. supreme court and how it interprets the 14th amendment. so the constitution is the top dog in the country. >> you can't be 25 and one for president. so i mean that that sort of that supersedes voters, really. and i think that, you know, the supreme court makes the argument, the colorado supreme court, that the president is treated as an officer 25 other times in the constitution. so i don't think it's an invalid ruling. >> no word yet on when the supreme court could take up the case. colorado is part of the super tuesday primaries in march. the state's republican party is now threatening to cancel its primary if the court ruling against trump is upheld. the party says it could hold a caucus instead to get around thatrillionuling andrew rhiannon . >> lionel. thank you. the other republican presidential candidates are criticizing the colorado ruling, saying voters should decide if trump should be

president, not the courts. ron desantis accused the court of abusing its power. vivek ramaswamy threatened to withdraw from colorado's primary. chris christie and nikki haley also reacted. >> i don't think donald trump needs to be president. >> i think i need to be president. i think that's good for the country, but i will beat him fair and square. we don't need to have judges making these decisions. we need voters to have make these decisions. >> i do not believe donald trump should be prevented from being president of united states by any court. i think he should be prevented from being president of united states by the voters of this country. >> independent candidate robert kennedy jr said. every american should be troubled by this ruling. >> turning to the weather now, more than 300,000 power outages were reported across the northeast overnight after that deadly storm triggered a flood emergency. new jersey, maine and vermont were especially hard hit. some rivers are not expected to drop below flood stage for several more days in new jersey, fire crews had to battle four feet of floodwater.

floodwater to get control of this house fire, and now the west coast is bracing for floods. southern california is expecting days of rain up to eight inches. the storm is expected to hamper travel just before christmas weekend. we'll check the full forecast in just a few minutes. >> now to the crisis at the southern border. new figures show a record number of migrants crossing into the u.s. in a single day. abc's justin finch is here now with details. justin. good morning. >> good morning. rhiannon. the record number of migrants are coming as the legal battle intensifies in texas. and as former president trump explains his controversial remarks about immigrants this morning, staggering new numbers shining a light on the crisis at the border. sources say customs and border protection encountered more than 12,600 migrants monday , a record. officials have closed rail crossings in el paso and eagle pass, shifting personnel to counter the surge. >> we're facing severe

challenges right now, texas governor greg abbott monday signed a law to allow local police to arrest migrants suspected of crossing the border illegally. >> the aclu is now suing. >> we are doing everything in our power to assert that immigration is a federal prerogative, and the state of texas cannot impose its own policy preferences and decide who belongs and who does not. >> governor abbott is vowing to take the fight to the supreme court, saying president biden has repeatedly refused to enforce federal immigration laws already on the books and do his job to secure the border in his absence. texas has the constitutional authority to secure our border. >> they're destroying the blood of our country. that's what they're doing. >> former president trump is now addressing the controversy over his rhetoric on the issue. critics say his comments about migrants poisoning the blood of the country echoed the words of hitler. but last night, trump denied that and said he never read hitler's book.

>> they're destroying our country. they don't like it. when i said that, and i never read mein kampf, they said, oh, hitler said that in a much different way. >> and in washington, bipartisan talks aimed at improving border security stalled. lawmakers are now heading home for the holidays, with no deal yet in sight. andrew >> justin. thank you. turning to the middle east, a new hostage deal appears to be in the works between israel and hamas. israel has reportedly proposed a one week ceasefire to in exchange for hamas releasing about 40 more hostages. those talks are ongoing. meanwhile, in gaza, the hamas run health ministry says the death toll is approaching 20,000 people, nearly 1% of gaza's population. >> the fbi says last weekend's nationwide spree of threats against jewish sites was a coordinated effort. the agency says a wave of emailed hoax bomb threats were sent from outside of the united states. none of the threats involved actual explosives. >> we turn now to concerns about

water shortages in the west. no stranger to drought conditions, california is taking a new step to ensure the future of its water supply, turning wastewater into drinking water everything from toilet to tap. that's what some call the process of turning wastewater into drinking water. but in california, they're now trying to change that narrative. >> the item is adopted. the vote is unanimous. >> after facing extreme drought that brought reservoirs down to historic lows, california has approved new rules to allow water agencies to treat wastewater for public consumption. >> so there is a very extensive advanced water treatment process . and it's goes through three stages. so microfiltration reverse osmosis and ultraviolet light disinfection in the water is pure water. at the end. >> the water must be treated for pathogens and viruses. officials say the treatment is so thorough that it removes minerals from the water, which must be added back in to improve its taste. in san diego, there's hope that this recycled water could eventually supply nearly half the city's water. >> drought happens all the time,

and with climate change, it will only get worse. and this is a drought resistant supply that we will need in the future to meet the demands of our communities. >> colorado is the only other state that's approved a similar process. >> it is time now for a look at your wednesday weather. >> good morning. the rain is over in the northeast, but the river flooding continues. be careful of water over the roads from the delaware valley through new england this morning. meantime if you're traveling across the nation today, the weather looks great in most areas except for california. heavy rain will give us flooding concerns and travel disruptions tonight through friday across much of the southwest, including la, thursday and friday. wet from chicago to dallas and in southern california. could be some travel delays there. i'm accuweather meteorologist kevin cosgrove in >> coming up, the pharmacy chain in trouble for its crackdown on

shoplifters. >> also ahead, doctors sounding the alarm about a shortage of drugs nationwide, including those for cancer and adhd. >> and. later, too many screens. the return of physical switches

our ugly sweaters on gma >> a family in florida is recovering after their home exploded into a fireball. a doorbell camera captured the blast near fort lauderdale. investigators believe it was caused by a propane leak. three other homes were damaged. >> the pharmacy chain, rite aid, could be banned from using facial recognition software for five years. it's part of a proposed deal to settle allegations that the company improperly used the technology to target shoplifters. rite aid's computers allegedly generated more false positives

in minority areas than in white communities. doctors around the country are warning about a shortage of several important drugs, including drugs that treat cancer. >> abc's andrea fujii reports on what's at stake. >> this morning, more doctors and lawmakers are sounding the alarm about drug shortages in the u.s. among them life saving cancer medications, including chemo drugs. >> these shortages can be life or death for kids, especially when it comes to the cancer drugs. >> the fda's drug shortage list include those that treat lymphoma and leukemia. >> we know how to treat cancer, but shortages force impossible choices. we have drugs that are life saving and shortages that are life threatening. >> testifying at a senate hearing, experts blame the shortages in part on the low cost of generic drugs, with insurance companies often only paying for those cheaper generic versions. >> a vial of sterile injectable medicine typically costs less than this cup of coffee that i bought downstairs. this morning. so this reduces the incentive of

manufacturers to invest in quality or in newer manufacture facilities. >> it's not just cancer drugs. kimberly yards daughter has taken the stimulant vyvanse for her adhd for years, but her insurance company wants her to switch to adderall, another drug in short supply. >> adderall is the one that started this whole shortage. so you want me to potentially not have consists medication for my daughter instead? really >> why the government and drug makers blame each other for the shortage of adhd medications? the dea set limits on the ingredients needed to produce them because they're controlled substances. drug makers say those limits are too strict. the american medical association is now urging the u.s. government to manufacture some of the drugs itself to alleviate some of the shortages. rhiannon andrew. >> andrea, thank you. more than 200 cases of lead poisoning have now been linked to recalled applesauce in dozens of states,

fda inspectors found high levels of lead in cinnamon used in the applesauce pouches for kids. they say the product may have been tainted as a supplier was cutting costs. we have a list of affected brands over at abc news.com coming up vacation detour. >> the cruise passengers taken to canada and not the caribbean. >> also ahead, new images of the volcano erupting in iceland and volcano erupting in iceland and the concern right now hi, i'll have the avocado toast... minus the avocado. so, toast? yeah. everything is so expensive these days. hey, chevy gets it. that's why they're keeping prices down to earth. like on the most affordable ev in america. ♪ a super strong and capable chevy truck. ♪ and a high-tech chevy suv. ♪ why is chevy making affordable vehicles, connected by onstar? so together we can do more. there's something going around the gordon home. good thing gertrude found delsym.

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this time of year. >> many families try to take a vacation, maybe somewhere warm, for example, but for some people, their christmas cruise took an unexpected detour. they were expecting the warm waters of the caribbean, but some cruise passengers say they were stunned to learn about a detour. their trip was rerouted to a far less tropical location. when it's cold, cold like we ain't blowing cold light, official. cold like alan and val montgomery say they booked their christmas vacation on the msc meraviglia sailing from new york , but less than 24 hours before their voyage, they got an email from the cruise line saying because of bad weather, the ship was no longer going to florida and the bahamas. instead they were headed to canada. >> i was devastated, so this was, um, some of my kids christmas gifts. while briefly docked in boston on monday, a storm brought heavy rain and winds nearing 70mph.

>> the little depressing because you can imagine us. >> we're making the most of it, but most people are walking around in coats, gloves, and hats. >> the families were given the option to cancel, but wanted to continue with their trip. in a statement, the cruise line says the weather made it impossible to safely reach the bahamas, saying the only alternative would have been to take the more extreme step of canceling the cruise and thousands of people's vacations out, right. other cruises were also impacted by storms. experts say cruise lines can change the itinerary for various issues, including whether cruise lines have what's known as a contract of carriage, and within that contract of carriage, which, uh, every passenger signs basically when they purchase the cruise, it doesn't guarantee any ports. bottom line experts say follow the weather and also get insurance for your trip in sports. >> john morant made quite a statement returning to the memphis grizzlies last night. he hit the game winning shot at the

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>> it's in response to complaints about touch screens that drivers find oh so annoying. volkswagen showed off a concept car that had switches, dials and buttons for important functions, along with a touch screen. next maybe you've noticed snoopy is having a moment, and not just because of that famous holiday song. >> we love snoopy. it's being driven by teens and 20 somethings on social media, viral videos have made a snoopy toy, especially popular along with his, of course, timeless appeal and his simplicity in complicated times. is next. a holiday wish is finally came true when he was ten years old, bill burke asked santa for a pony. >> well, now he's 100 years old and he finally got his pony along with a lesson about life. >> i wrote a letter to santa claus 90 years ago and i never got my pony. but this time i got it. so don't give up hope and keep wishing. santa claus eventually come through. don't give up hope. >> finally, a tense face off in alaska. >> watch what happened as a

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with a qualifying internet package. call, or go online today to learn more. i had guns pointed in my face, simply for trying to walk home. >> now at five, a new lawsuit filed against the city of san francisco over police confrontations with people participating in the unsanctioned dolores hill bomb event. we're hearing from some of the youngest people who were detained and their families. plus they destroyed both of my doors. >> that's probably $4,000 right there. >> a destructive smash and grab thieves targeting stores in oakland will tell you what they got away with. >> the bay area got drenched overnight. it is still happening right now. that means another difficult commute on the roads, and we're going to take a live look right now at live doppler seven. >> the radar is showing the storm. it is pretty bad. it ranks a level one on our exclusive abc seven nor