story in the news of the day so intriguing and fascinating. election results from last night with the nomination of the supreme court, the fed coming up this afternoon. my time is up and neil cavuto insists on taking it. go, young man. neil: is not really. there's a great steak restaurant next door if you want to go. doesn't seem like you're leaping at the opportunity. thank you very much. we are waiting to see the fallout of the president making a move on the supreme court. supposedly dead on arrival when you hear republicans tell it. orrin hatch is here to tell us exactly why that is the case. remember, orrin hatch and the president cited moments ago in making his case. >> republican senator orrin hatch was then chairman of the judiciary committee supported his nomination.

back then he said in all honesty i would like to see one person come to this lord and say one reason why mayor garland does not deserve this position. neil: we got an explanation of what he makes amends later state that the judges being considered for the highest court in the land. peter barnes and where this process goes. peter. reporter: they'll come as you just said it appears to be dead on arrival. republican leader mitch mcconnell taken to the senate floor in the last 15 minutes had no way, we are not going to do this and refuting the president here. we should not hold this up for political reasons just because we are in a political year from a presidential election year. the comic was saying just the opposite. the issue is too important to leave out the current debate for the race for the white house. take a listen. >> the american people are

perfectly capable of having their say on this issue. so let's give them a voice. let's let the american people decide. reporter: the president put pressure on republicans by immediately sending the nomination to the, it too the senate as soon as she's out announcing and they'll go to the hill tomorrow to start meeting with senator one-on-one. the president clearly trying to force republicans to cave in this political season. listen to what he had to say. >> i simply ask republicans in the senate to give him a fair hearing and then an up or down vote. if you don't, then it will not only be an abdication of the

senate's constitutional duty, it will indicate a process for nominating and confirming judges beyond repair. reporter: in the rose garden, judge garland started the process by saying what a lot of senators like to hear that a judge should put aside their personal views and follow the law, not make it. neil: peter, do you know what it does to meet and greet whether republicrepublic an senators are included in cap? >> yeah, they try to schedule those meetings. they try to make them look all 100 of them. we don't obviously have senator hatch that they've got an appointment. neil: thank you very much. we will be hearing the judiciary committee by the way. in the meantime, the republicans picking the wrong side at the wrong time to just backfire on them.

what do you think? >> i'm not sure it is going to backfire. i was impressed at the same numbers the president decided on people feeling that the republicans should go ahead with the process. "the wall street journal" polls showed 62% believe the democrats do exactly the same thing. the public is very cynical about the back-and-forth politics. the larger question is whether they would rather have this person if hillary wins. the real problem for the republicans is in the presidential race and on the hill is that they have let up on the president and by contrast to the race going on his approval rating has been creeping up. over 50%, which is a good thing for democrats for an incumbent party in an election. they have not made their case on this i don't think. in the long-term, i don't think it matters. if it had been a minority appointment for something where i thought it migthe base. but i'm not sure there's going

to be great excitement over the question of process. >> i don't know if the american people get too jazzed on issues of his on the supreme court. we are into this, but in the scheme of things i don't know the moves. i want to get paul ryan, the speaker has responded to this famous has never been about a nominee. it's about the principle under our constitution with the president's every right to make the nomination in the senate has every right not to confirm a nominee. but this is going up a bit further. this is not even allow the process to not confirm the nominee. is there a difference? >> well , yes. pgh the republicans holding the republicans. they may have to let some of those who are rapt face tough elections flake off or whatever. but they are holding the law and the judiciary committee that

basically is because they know if they let up they might all fall apart for them. but i think they could have done, if you will, the atmosphere is a lot better. all in all in the end i don't think this is a big deal. there are thought better pressing issues for people, you know. we cannot get out of this election year. it is now consuming public attention, political attention and, you know, as i said the public is very cynical about this kind of stuff. neil: we'll see where it sorts out. thank you very much, pat caddell. orrin hatch, i want you to listen to this. >> i believe mr. garland is a fine nominee. i know him personally. i know his integrity and legal ability. i know of his honesty. i know of his action and he belongs on the court. neil: all right. orrin hatch with me right now.

senator, what changed? >> nothing except 19 years. that was the nomination to the circuit court of appeals, which is a very high court in our country, but it's not the supreme court. the difference between that of the supreme court is the supreme court can make the law. they can interpret the constitution, you know, anyway they want to win some think they can make the constitution. neil: no doubt. fast forward 30 years later in 2010 you are talking about saying i have no doubt that garland would get a lot of senate votes. this is when he's considered for the supreme court and i will do my best to help them get there. >> i cleared the way for merrick garland. i still think very highly of him. i haven't read a lot of this case as in the recent years and that becomes a must before any of these things can happen. i still have a very high opinion

of him, but i do think that we should not bring up the supreme court just as antagonistic mass again with the court. you know, during this really toxic presidential year and that really bothers me. i gave a major speech to the federal society and i was interrupted by people sent over by the democrats and even the president's group. they interrupted and just kept yelling throughout the speech until they finally wore out. this is the kind of stuff that they play on you. frankly, this is a serious, important thing and not to be put off out of this toxic arena right now and put off until after the election and whoever is president can make that determination. and that is fair to both sides. neil: what if hillary clinton or bernie sanders become president. you think republicans would prove the day they missed a chance at a moderate hit for the court because either one of

those folks would probably take someone a little bit more to the left. >> this is the most important issue in the presidential campaign and a big reason why people should vote for the republican nominee, whoever that may be. the next president is going to probably have somewhere between three and four judicial picks on assisting court. that can turn the whole constitution around in the course of some of the fact that this kind of liberal democrat judges that just don't seem to worry too much about what the constitution says. neil: i understand what you are saying and i appreciate the crazy election year and all. but by that reason, nothing would ever get done in an election year because it's a toxic environment and true to form, nothing really does get done on budget matters, legislative matters. why should republicans play that game but is notoriously played out in election years and say we are going to be different.

we are going to in this environment where the president's choices, come up with budgets, come up with legislation, do the kind of things they don't think we can. if you don't like this nominee, vote again. >> it isn't quite that simple. joe biden made it clear before the election that we should not be putting people up during the presidential election. because it is a toxic environment. people then make the court into a politicized institution. neil: and as always politicized. by that math, you would rule out the last year of any congress, i've been a senator of any president for getting stuff done. you could send a powerful signal by saying we did all the earnings. we don't like the guy appeared will vote them down. the democrats have played these games. when the pastor played these

games. >> we are sending a powerful signal that once voting has started in the presidential election campaign in that particular toxic environment, especially the one today that is very toxic, we should not be bringing up a supreme court nomination. neil: you know how early to start. by that math, you could argue a year ago you shouldn't have started this. it gets out of control. >> i'm talking about a presidential year. we all know the president is a lame duck president. is a question of whether the lame duck president during the really toxic year like this would be nominating. neil: when does he become a lame duck? is it the last year? that's a long time. >> when it comes to the supreme court, gas. because let me tell you something. especially this year, i've never seen such a toxic year in such an horrific year as we have right now. the supreme court nomination shouldn't be great big rattles

every time the president pick somebody. the president not to be careful to pick people that whoever the president is that literally will do the job and not allow politics to take over. neil: you would subscribe to that of the republican president has been the last year he is in office, and he submits a name. u.s.a. republican and a problem that one of that would tell them what jackson that area. >> well, i think we would. unfortunately, we haven't had any late situations where somebody's been put off other than justice kennedy. that was after they had smeared up or. >> he was in the final year of ronald reagan's president. >> everybody just kind of gave up. neil: i understand that. >> it was in a toxic year like this, nor was it a year where

people are up in arms about everything. i'm tired of the court being politicized. this is politicizing the court. neil: senator ,-com,-com ma you played a part in politicizing it. maybe that wasn't your goal. i think it would be interesting to see a guy like you widely respected both sides of the aisle. >> i'm sorry, i didn't hear that. neil: it's a great time for you to say about enough of this nonsense. let's do this. >> ipad enough of the nonsense that has occurred in the past processes. they occurred not in the presidential year are voting had already started and have the voting is over. look, this is not the way to the supreme court nominations. frankly, it isn't the person. it isn't the person we are against. it is the system that really doesn't work well. it diminishes the court, reduces respect to the cord and frankly

i don't want anything to do with it. neil: let me ask you this, senator. i know you are very tight for time. i do want to get your sense that if hillary clinton is elected, if she were the nominee in november, would republicans hurried back after the election for a vote on this guy appearing that if there were her choice it would be a much worse guy politically in your eyes? >> well, i can't speak to that because i don't know. she would probably keep merrick garland ratepayer since there is an being put forward. but yeah, she's likely to put much more liberal people and much more at this people. neil: that were the case and she's inclined to find someone even a little bit more progressive than he, you would have to scramble to vote on him then. >> that's a good reason why we

should not elect hillary clinton or any other democrat. we need to elect a republican. whoever the republican may be. the fact of the matter is it could be kasich or ted cruz now. there is no use kidding about it. this is important stuff and it should be brought up when you have people screaming and shouting and groups and are wrapped in speeches. neil: by the way ,-com,-com ma how do like donald trump? if user nominee, how do you like that? >> whoever's the nominee in the end we have to support because where to get these things in control. >> even if he would come he would go elsewhere. >> put it this way, whoever wins, all before it. whoever the republican will be better than hillary clinton. who i know and respect to mike and the fact of the matter is i don't think is going to make a good president. whoever it is i think we'll be a lot better off in this country and this is a good reason to

make that case because whoever it is will appoint better people to the courts in this country. neil: senator, always a pleasure. thank you for taking the time. senator orrin hatch. he touched on the end with donald trump. did you know going into this morning is their fast-moving numbers. donald trump makes 576 more delegates to go, roughly of the so-called 1079 remaining. a little bit more than half. can he do that? we are all over it.

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lot yesterday. the fact of the matter is right now there are 79 delegates remaining in the contest. he just has to scoop up a little bit more than half india's air. so the math gets a little bit more to ted cruz who would need over 825 of them. there are not enough there for john kasich. even if you were to take them all, he still would have at 1237 needed to be the republican nominee. so we have national cochair morgan ortegas with us. morgan, they still say donald trump is doing it. the question is can he? >> that is the question of the day. after last night i see that as a two-man race between trump and cruz. there is nothing there. there's no downers talking to him. he is less delegates and rubio. he will see a lot of pressure to get out of the race.

people are going to focus on the race between trump and cruz. the two of them together have over a dozen delegate already and i think trump has around 36% of the total delegates. cruz has around 20%, 29% going in. this is a two-man race as far as i'm concerned. neil: it might be a race, but it's an ipo raised for cruz. the gap widened significantly between he and donald trump. i know missouri is still not willing and able to call it. the fact of the matter is we were shut out last night. >> he was. he probably played a little too cute in ohio and florida ultimately neil: knockout rubio. neil: he is going to regret that. i know what he was trying to do. a little too cute for words and i think it will come back and spike it. >> what will be challenging for him as donald trump has said on fox this morning that is not during the debate on monday night and i don't think of you

want to do any other debate. he gets so much free media that that will be the challenge for how is his voice heard. however, the cruise delegate totals are not insignificant. what is interesting to miss everybody talks about the part of the party voting for trump and how disaffected they would be if you are not to get the nomination. what i think is not talked about enough is the rest of the party, over 50% who are also completely unhappy with trump. what really worries me a lot is the matter what happens at this convention, whether trump is the nominee or not the nominee, that this party is broken it away. i don't be how you can he back together again. whoever comes out of the nominee has the toughest job i could imagine them trying to unite this party and i don't know that it can happen. neil: you are way too young to be so cynical. what happened to class all? >> i know, i've been running too much time on fox.

neil: morgan, thank you very much. she does raise a very good point but the party a sharply divided. the parties have been sharply divided before. donald trump gets to cleveland with more 137 delegates, moo point. they are divided now. i go to a lot of family reunions where they are nasty with each other. we all drink, have a good time and forget what we were fighting about. not all the time. i've got to tell you that is a rarity. i was just kidding myself it is a disaster.

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neil: if you don't like this nominee, voted down. it isn't quite that simple. chair biden makes it clear when he talks a year in a year and a half that before the election you should not go during the presidential election. neil: why? we not because of the toxic environment. people then make according to a politicized institution.

neil: it always politicized. by that matthew would rule out the last year of any congress of any senator of any president for getting stuff done. neil: but that the way it's going to be. they are not going to give sub to an up or down vote. democrat had done that, republicans have done it and they will continue doing things that way. that project? who knows. let's get the read from the daily collar. conservative criticism of mitch mcconnell over the past couple of years dealing with iraq obama have been one that he searches his point of view and caves in to the president, but also he's ours the 50-yard line on the goal line instead of the 50-yard line. here he came out really strong and was kind of uncharacteristic saying we are not negotiated.

we are not going to do with this. this problem does write having conservatives on this, his problem is president barack obama has a much bigger bully pulpit. he can reach all the way across the world in the country and he can. he might lose his messaging more. neil: already. i guess you follow this a locker close than i do. what is the harm in having a confirmation link mayor carlin. i guess not if holocaust dates here and meet their vote. it was done by republicans and i know they play these shenanigans. the logic of saying it is writing not get anything done in election year. by definition nothing like it done. sure enough, nothing does get done during election year. >> is losing conservatives on this. every time they say we won't make a deal, conservatives get screwed over.

they don't really have a lot of trust in senate leadership and is proving them wrong. that is part of the harm. garland is a more moderate justice. when he was put forward to replace justice stevens, he was certainly the least liberal, less liberal but is still a liberal. he's maybe a little harder on criminal justice stuff. if conservatives want to protect the court and have a chance of putting conservative on the court, he won't be on their side. neil: packets back to the issue if that is the case and you know the background better than i do. i know he's certainly much more on that than on the right. having said that they might be careful what they wish for because of hillary clinton or bernie sanders were to get the nomination, she might command after the election and say i respect the president, but i have my own idea for the supreme court can go ahead and appoint someone who's far more an

anathema to the republicans like. >> that is a serious risk they are running. the presidency is that. donald trump versus hillary clinton will have a difficult election. ted cruz versus hillary clinton will have a tough one. having the senators defend the senate, my guess is in a years time mitch mcconnell won't be in charge of the senate. they may look back and say i wish we had taken that moderate. neil: yeah, i don't know. sounds like my teenage son. bash their heads together. thank you. i was good seeing you. john kasich is busy campaigning in pennsylvania from the western part of the state. he was born there. you think of it you think that a spillover from the big ohio plan. there's only one little detail. he might not finish on the ballot there. ♪

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♪ all right. oil is inching up again. and little bit of a rebound today. i don't want to put too much stock in.

no effect on the dow one way or another. i am noticing what has happened with gas. that is very big. that gets us to john kasich who is there. there was a little issue. the state holds its primary. jeff flock is there. hey, jeff. they have not been legitimate. the challenge came in late. they are in court about it. with drawing the challenge. it is a windy day here.

the campaign is hoping that the wind has changed. they believe that if going forward they can get a significant share of the delegates, you get to cleveland and no one has gotten anywhere near 1237. multiple conventions in the past that have had contested conventions where the guy who had the most votes in the most delegates did not get the nomination. you are putting up the numbers. going into the convention. maybe it looks better. a lot of the rubio leaders break their way. confetti last night, well, it was the celebration.

>> he endorsed john kasich in ohio. if in fact nobody goes into the convention, nobody has one, i won a fourth guy. a guy that does not even compete. a guy like paul ryan. there you go. >> amazing. thank you. if that is the case, the possibility that no one gets to the convention. what do you make of that? you are 1079 delegates remaining to be fought over here. even if they got them all, it would not be enough. what do place your bets on? >> yesterday in ohio.

now in the state. like he has with everyone else. one by 11%. winning a majority of people. you should move forward. just want to spell this notion. >> i think that you will get that taken care of. excuse my nerdiness here. you are not going to get it with the conventional way it is going right now. even if you had all those remaining. holding donald trump back from getting the 1237. we mentioned jeff flock, getting to a convention and going on to be the nominee. more than a few hundred delegates. they do go on.

does that happen in the case? does it happen with mitt romney four years ago? they got to the convention. they had such a huge lead. it may be the case with donald trump. >> it may or it may not. showing that kasich has really closed the gap and is really climbing. you can see up but telling. >> he widened his lead over everybody last night. taking nothing away from you, trent. why did it not narrow? >> i understand. they are still 1000 delegates. 1079. closing the gap.

the support going forward. neil: off to marco rubio. 169 delegates. commit it to him on a first ballot. your hope that many of them go to kasich. >> our hope is that john kasich continues to do well. those are states in the northeast. he is in pennsylvania today. he will be in utah tomorrow. the race goes all across the country. picking up delegates all along the way. his team is focused on winning the state. those are the kinds of things you need. a powerful, national campaign.

neil: donald trump said that he is done today. >> since donald trump has decided to scuttle this debate, what is the point? enough is enough he had maybe he is concerned. he does not have the record of achievement and getting people together. it is interesting that donald trump would bow out and run and hide. if he decides to change his mind and he admits that there are two donald trumps, maybe more, governor kasich will be there, happily. >> trent duffy. hillary clinton has released a statement now. confirming the nation's highest court. exercise in political posturing. a serious obligation. more on the american people.

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neil: the supreme court things it has become a political football. how often do you hear that?

he may have to take a chill pill for a while. it would be after the november elections. even then, no guarantee. it is very possible that whoever the presidential winner is, they will come out with their own. they go on to win. on the republicans, it could backfire on democrats. coming in and decide i want a more liberal curb. showing support for the president's choice. all i know is that for the foreseeable future, we are looking at eight justices. >> this is what i love about my job.

>> a qualified jurist out there today. a prosecutor, america's worst terrorist. carrying around the names of the victims. showing his dedication to the job. a great nominee. fitting the narrative of congress does not do anything. neil: it is true. just present what i rallied against. joe biden talking about that. barack obama. what worries me more about the reason is the motivation. they are writing off the last

year. >> yes. neil: you are pre-subscribing nothing getting done ever. >> here is the kicker. where do you eventually drop the line? now, we will set new standards. neil: no, i agree. republican or democrat. i am worried now. it sort of becomes the established rule. you have a seven year term. that next term, it will be three years. that is crazy.

that seems to be the gentleman's agreement. if there's anything that i can say about donald trump's candidacy in a good light, this is what he is talking about. we are all tired of them. we are still waiting for the call from the mlb. the president did put forward a real nominee. there is nothing in the constitution. absolutely.

thank you very, very much. i suspect the spike. probably not. justin the wing. ♪ ♪

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you get that out of control. all right. the bottom line, they will not be considering the nomination. bad things. a wonderful state of oklahoma. senator, it is good to have you. do you agree with that? largely in agreement with this notion. >> short. this has been an ongoing historical president. we are continuing to move on other nominations. there was a nomination earlier this week. we are still moving bills. i heard this rhetoric all along. taking a hold year often not going to work. that is absolutely absurd.

a supreme court nomination is very, very different. especially in the middle of a presidential race. >> you are telling the american people, you do not do that. >> not something new. >> i first recognized ronald reagan's two prior choices from the year before. there is precedence. >> short. you can go back to 1960. again, everyone is trying to portray this. something new occurring. neil: no, i'm not. maybe this is an opportunity for republican senate. we will just stop this process. we think elections is a no.

we should deal with this. if we do not like this guy, we will reject this guy. we will do our diligence. research is measures and rulings. and then decide. >> short. you can do that. republicans are already on board. having all the background which is very insensitive for a supreme court nomination. at the end of the day, based on the constitution is a 50-50 selection. the president is trying to say, if it is a responsibility to do this. is this the right moment to do this. it is a big issue. we moved on to other cabinet officials.

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>> all right. the two are of washington. extending to politics. donald trump on the fox debate. i am not showing up for the fox debate. sort of a solidity or postage, i have no idea. now john kasich. being fair to donald trump. he just felt we had enough debates. he is not going. i don't know.

the last year in the president's term. picture a willis on that. >> i will start with a breaking news, first. senate republicans are saying they would like to meet with the president's. jeff saying okay, maybe will not go along with the senate majority leader. let me tell you a little bit more. currently, as you have been saying. chief justice of the court of appeals. this has been breeding ground for supreme court justices. only one level below. only one level below the court.

he has been considered moderate. he is a consensus nominee. it is the oklahoma city bombing. a very long 19 year history. what would he be his view. corporation. the campaign expenditures. a violation of free speech if they were not allowed here it you should know that donald trump and hillary clinton have condemned the system. lots of talk today. he wants to know what his opinion would be.

shooting any supreme court justice. talking about for some time now. big news today. at least three may be breaking. this is according to chad. maybe sitting down with garland to find out who we is. back to you. >> indeed. we are hearing the white house as well. senators from both sides of the aisle. a courtesy to meet with garland. again, the president's choice. responding to questions. either hillary clinton or bernie sanders. they say no.

congressman, good to have you. a lot of action and anxiety. this will not get the time of day from the united states senate. they made it very clear from the get go. creating so much anxiety and animosity on capitol hill. considering a nominee. they made a decent argument, as far as i am concerned. neil: a finished term. i definitely see what you are saying. would this be a great opportunity to let this process go forward?

there is also a clear precedent here. there just is not that much trust on capitol hill with the obama administration. neil: i understand your point. how would you feel if a republican were elected? the fourth year of his term, he was essentially docked. we do not entertain any situation. >> they are called lame ducks for a reason. my prediction is, in 30 days, we will be talking about a lot of other things. >> we should and terms earlier. >> running through.

here is why. this is so crucial for the disposition of the court. >> no doubt. what did they do to them? i thought about this. i have a far less leaning tech. all of a sudden, democrats are in control. far more liberal. >> this is all about trying to make the right calculations at the right time. i do think in 30 days we will be talking about another topic. this story will not be a story. >> talking about far more liberal justice. may be far more in an effort to your views, congressman. >> you could. seeing the nature of this discussion coming forward. turn out discussions on the republican side.

i think there will be a level of intensity this november that both sides will use to drive. an opportunity to really shake the court arguably for a number of generations. there are no guarantees. they have made it clear up front what their disposition was. >> take you. we will see what happens. >> less than an hour. investors very quiet ahead. they are always walking on egg shells right before it comes out. >> while they do not expect any move at all today, there is always that wildcard that maybe it could happen.

i don't think that it will, but it could have been. they are expecting one-two rate hikes. maybe even just one. that is said, we have seen wages on the rise. >> still a lot of issues. that is why we are not likely to see that running up with that. >> basically since mid- 2014. not for today. oil gets a nice pop. utilities. consumer people. just before 2:00 o'clock,

everyone on this floor get very quiet. neil: closely monitored. let me get to that. you know about marco rubio bowed out. he left with a really nice number. it was not enough to be a game changer for him. boy oh boy, that could be a game changer for somebody else. ♪ ♪jake reese, "day to feel alive"♪ ♪jake reese, "day to feel alive"♪

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>> it is not god's plan that i be president in 26 c or maybe effort. the fact that i even came this far is evidence of how special america truly is. >> marco rubio is out. he still has 169 delegates. what happens to them. that could be very influential. connell mcshane. what happens to those delegates. what are you hearing? >> state rules differ. it does make it a somewhat complicated ross says. he won minnesota. he picked up delegates in 19 different states. getting somewhat complicated. do not look at it. you mentioned the overall number. the total number of delegates that mr. rubio leaves behind in

this race. we get to that convention in july and cleveland. on the first ballot, 140. bound to rubio. they have to vote for him. they can go for anybody they choose. we have no idea. those 20 should do that. then you have a situation where you have already had one ballot at the convention. most, not all, but most of marco rubio's delegates are free. by the third, they would all be free agents. they can vote for whoever they want to vote for. you can endorse somebody. you can encourage a delegate. they do not have to listen. most years, none of this will really matter.

we will see when we get to cleveland. >> i am out of the race. it is really spelled out state-by-state. changing the rules. we have heard all kinds of rumors. 140 out of 169. then they can choose what they want. they cannot do that. dennis: this particular shot. connell mcshane. newt gingrich weighed in on this last night.

the first names are donald and ted. it is not a brokered convention. intervening. >> all right. what do you think of that? >> donald trump is a runaway train. if he gets the votes, it will be very difficult to stop them. if he does not, it is a game changer. game on for a contested election. using the business laws to the advantage. the political process to his advantage. why should they use their process to get the best nominee to beat hillary clinton.

it is a general election. at this point, donald trump is a nominee. we can expect hillary clinton to win in the fall. trying to unify the party first. we have not seen that. >> you raised some good points. it is a very good one. he is just shy of the 1237. hundreds and hundreds of delegates. the party. he is the best position.

>> see if he has unify the party. this is what we are around the country very concerned about. that hash tag trending low pulley. i do not think that that is going away anytime soon. >> that is true. i did talk to some of his supporters on capitol hill. it is a contested election. other candidates like ted cruzan john kasich are way behind. i talked to republicans in new york. house of cards would not even do that under that scenario. they have their talking points ready. it will be a very difficult contested information. donald trump, unifying the

party. we do not see him doing that right now with his decision to skip the debate. neil: frank underwood would do worse. that is all i am missing. >> whatever you call this going on here. how many people are involved. an alternative candidate. ted cruz. is that candidate. ♪

>> they just like ted cruz more. what do you make of that? >> it actually does not surprise me at all. i havechallenged the status quo

my whole life. i know when you challenge a system, you do more than ruffle feathers. i am actually encouraged. actually challenging the system. >> a bit of a conundrum for the republican party. flipping over donald trump. i hate ted cruz more. what do they do? who are you backing now, governor? >> obviously, many of us want to see a republican win in the general election. you want a winner and you want someone that is qualified as well. different opinions as to who is qualified and two is not. you just had a previous discussion on where the delegates will go.

they are free agents. i do think that some of the attributes that rubio brought to the campaign are probably exemplified best to the governor of ohio. neil: do you get a sense that there could be something done with these delegates? they may be committed on the first ballot to marco rubio. i do not know what the rules are if he goes from suspending his campaign. making it a point on who they vote for. >> those delegates combined. maybe even a kasich. a longer push of it. agitators. you look at someone other than trump. a delegate cast to do it. the course of the campaign

still. trump starts to be a larger part of the republican party. starting to do homework on policy positions. reaching out that way. he may be able to take some of those delegates. if he makes major mistakes. he does not do any more homework on policy. it will be difficult. same thing with cruz. the campaign is still going on. we will see. it may be that there is not a brokered convention. donald trump does well in the western states. he may have enough delegates to win in the first ballot. >> a lot of your colleagues that are really concerned. i should rally around the winner, whoever it is.

>> i think you are seeing in both parties, neil. pretty easy to see in the polling. we have the two leading candidates having incredible negatives. they think we have very seriously flawed leaders for both parties. it is frustrating for many people as to what has happened in the system. >> they thought that ronald reagan was the flawed nominee. there was no way that he could win. they thought four years later that reagan was. quoting the deal. i guess what i am saying, do they worry too much? >> again, it is what trump does once he starts to put this together. he needs to pull the party together. if he does that, it is a whole new party in the ballgame. right now, there is a split for

a lot of candidates. a lot of different ideas. it is important for the front runner to pull back together. we have not reached that state yet. we have every other candidate trying to -- neil: yes. my wife will freely point out all of my flaws. whatever. governor, thank you very much. it is always great to have you. in the meantime, some shaking news out of the justice department. actively attempting. isis has developed a less sophisticated way to get the data. now, data that can actually compromise our entire cyber

network. we will give more after this. ♪ pet moments are beautiful, unless you have allergies. then your eyes may see it differently. only flonase is approved to relieve both your itchy, watery eyes and congestion. no other nasal allergy spray can say that. complete allergy relief or incomplete. let your eyes decide. flonase changes everything.

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neil: all right. i forgot to mention here, without donald trump participating. of course john kasich trump isn't participating, i'm not participating there is no debate. there is no debate next week. fox has gone ahead and canceled the whole thing. it is not happening. rnc communication director sean spicer is with us now. what do you think of all this? sean?

>> look, obviously the debate you mean? neil: yeah. >> well, look, each of these debates gives opportunity for voters at key points in the cycle to hear from candidates directly. there would be a great opportunity. there were some scheduling issues. i feel bad for viewers. this should be about the candidates and their desire to run campaigns way they should and we have to respect that. neil: what do you think of donald trump saying, he wasn't picking on fox or anyone, there have been too many debates? >> look, two cycles ago we had 24. we had 20 cycle before. we got it down to 12. that is good number. candidates have schedule where they are and by our job as party to do best interests of our candidates seeking nomination. we try to put together a predictable schedule, spreading debates. adding conservative element so people can hear issues that were

on the minds of grass roots republican voters. it will always be about what they want to do or not to do. neil: i think you should have left it at the two fox business debates. that's just me. >> you guys did a great job. neil: enough about me. it isn't about me. but it is about a show that involves me. sean, let me ask you about the tone of this election. i saw an attempt certainly on donald trump's part last night to sound a little more calm and presidential, try to be patient. we're told party leaders reached out to him. some talked his tone at party events and the like. he was being gentlemanly about it. they were trying to be very gentlemanly about it but i did get the sense from the speaker as well as majority leader mcconnell in the senate they were kind of lectureing him. did i get that wrong? >> i don't know. i mean that's, i'm not really not sure exactly what they said

and how they said it. those were private conversations. you heard this chairman talk about it, something that we had a report about a couple weeks ago. we have as conservatives and republicans better solutions for this country. when people hear about why conservative fiscal policies and conservative social policies make this country, make families better, make this country better, they're with us. i think in selling any product we've got to be cognizant much our tone and how we do it so we welcome more people to our cause than turn them off. politics is frankly a game of addition, not subtraction. so i think that mr. trump in particular is a newcomer to this process. he is attracting a ton of new people to this process and i think that's good. but at some point we have to acknowledge to all the candidates and remind people who are leaders and activists in our party of the way that sometimes some of the words that they're saying are perceived. neil: sean, do you think, and i

think donald trump has said this in varying ways, that if he has a big lead in delegates going to cleveland, the convention, but it is not quite 1237 but huge lead over closest guy, say hypothetically ted cruz it is his nomination. what do you think of that? >> i think the rules say that you have to get 1237 delegates. doesn't say you have to get close. house of representatives you have to have 211 for something to pass. -- 218 for something to pass. doesn't say if you get close or this far away. i think part of it depends on how close. someone walks in with 1200 delegates i think momentum would carry them there anyway. this is not horseshoes if you get close you win. whoever are delegates elected by republican voters and activists choose is who becomes our nominee plain and simple. doesn't say if you get close or this percentage. but i imagine if you're really close to that number, it would be hard to see you hot momentum

wouldn't go in your direction.ts member of the rules committee, i think his name is curly hoglan? am i pronouncing that right. he was on cnbc. media created perception that the voters will decide the nomination. political parties choose their nominees, not the general public contrary to popular belief. what was he saying? >> i'm not entirely sure but what i will tell you is, look, we republican voters go out and elect delegates in the same way that you elect a member of congress or elector to the electoral college because it is representative democracy. the delegates go to cast convention on behalf of the voters to cast their ballots. some states they are bound. if they get the vote of candidate they must cast their vote through the first round or second round and sometimes they become unbound after first delegate. each state has a set of rules

which govern them. that will be up -- that is how those delegates are bound but they are all elected by voters to go represent them. how they do that, how they carry that out is up to each state party's rules. neil: finally after the november election, are you going to hawaii? , to take a vacation? >> somewhere warm and sunny, i can tell you that, i look forward to it every day. that is a big day for me. neil: i can see the calendar, one, two, three. sean spicer. very good seeing you. >> it is other way, i count down. neil: i gotcha. i know how you feel. same way covering it. sean spicer, thank you very much. all right the supreme court is now in the middle of becoming a political weapon, or is it? are we in the media more obsessed with than you folks at home? after this.

>> very good afternoon, live from the floor of new york stock exchange. lori rothman with business brief. a lot of investors traders down here quite frankly don't know what to expect ahead of all important fed decision on interest rates and fed chair janet yellen's press conference with the decision at top of the hour. look at markets ahead of all of that. dow is off 27. nasdaq down four 1/2. we had a bullish energy oil inventory data read this morning. look at that. 4% gain in oil prices.

that is giving a boost to the energy sector but some winners on the dow, the component were doing better earlier today. we have winners with apple. breaking out of $100 a share. ibm is higher. defensive sectors are selling off, that is unusual made of the fed. health care utilities and consumers. much more neil cavuto "coast to coast" after a short break. stick around.

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>> this has never been about who is the nominee is but about a basic principle. under our constitution the president has every right to nominate he wants to. the senate which is coequal branch of government, has coequal right to act on nomination. this will have to go to the american people in 2016. everything is at stake in 2016 and we should leave it up to the american people. neil: that is speaker paul ryan making it very clear that the president can propose a nominee. very much in congress's power to ignore that nominee and not have a vote on that nominee. "reason" magazine managing editor katherine ward on this. what do you make of it? >> you know, i think the supreme court nomination process has always been wildly political so the first thing i would say is, you know for people who are saying this is new, this is republicans sinking to new low, that is absolutely not true.

i mean we have a whole term court-packing, came about because of fdr's attempts to stack the supreme court his way. nothing new here. neil: now the issue then, how it hits this race. i think, you know, folks like me who obsess over this stuff it is a big deal and we cover it, i don't know to the general electorate with everything going on, concerns of terror, now the latest cyber threats out there today, that, say nothing of the economy, i don't know whether this even makes the top five, dare i say the top 10 issues for voters. what do you think? >> so i think there is two kind of people. there's people who went to law school and if you ever crack ad law book you think only thing that matters in all of american politics is the supreme court. then there is everyone else. and i live in washington, d.c., so pretty much everyone i know went to law school and yeah, i agree there is this sort of

sense here that this is like the most important thing, this will be central going forward. but, yeah the rest of the country is focused on other things. neil: all right. so if the democrats try to present this as republicans playing games, and republicans say well you guys have played games doing the same thing and if you're right, i have no doubt you are this goes back to fdr playing games with the same said court, then what? >> i think we just wind up probably, maybe using it as proxy for other fights. we've seen certainly among democratic nominees, talked about a litmus test for citizens united w his current pick, obama chose someone with pretty mixed record on campaign finance. this isn't about litmus tests. i'm genuinely trying to propose someone conservatives could get behind and republicans could potentially stomach and if they don't want to do it, that is their business.

the idea this will be unprecedented dirty politics battle is very misguided. neil: all right. katherine mangu-ward. thank you. >> thank you. neil: can you believe it we're about 15 minutes away from the news out of the federal reserve? and i woke up this morning forgetting that and this silly thing? oh.

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widely telegraphed, now doesn't look as likely but who knows. charlie gasparino is here, jonas max ferris, lizzie macdonald is here. lizzie, what will she do? >> i think she will say we will watch global economy. neil: janet yellen? >> yes. top it out half a point for the year and that's it. that is preview, later rate hike, possibly in the number. neil: what do you think? >> you know when your parent say you have to eat your peas and carrots even though you don't like it? neil: my parents never had to tell me what to eat. >> good point. you know, this is has the sort of the other side of it. you have to cover the fed but peas and carrots are good for you. i don't think we get much news out of it. entire global markets are poised on everything janet yellen says. neil: you no he we're going live? >> are we really? neil: ten minutes. play along if

you can. >> say what she says on economy. neil: we have an alert. >> okay. neil: we're ten minutes away from what could be -- >> between the lines -- >> likelihood of a rate increase later this year has gone up significantly from a month or two months ago. neil: that is -- [all talking at once] >> because the slide in commodities in oil has not hurt other prices. other prices are going up right now. because the economy is strong enough, unlike in '08 to keep airline prices up, all these things, rents are going up. that was not the case the last time when it went below $40 a barrel. neil: not at this meeting? no. >> will not fly. >> but you cut me off. two flies, two flies in the ointment. european banking problems. huge problems with european

banks could slow down the u.s. economy. china is getting worse. neil: that could have been your headline. that is going to do well. what will that do? >> slow down the u.s. economy if it happens. neil: wouldn't want to get in the way. >> they're not getting in the way now. we're talking about the future. >> dashboard of positive economic statistics for the united states is looking better and better. so, there is no reason why she should, the fed should not be raising rates. here's the problem, if you don't raise rate, they're now talking about -- here's the problem. you raise rates, recession. could cause recession or market turmoil. neil: what are we in now? >> negative interest rates? what can the fed do if that happens? neil: what about the elections? does it have any effects? longer you push off closer to the elections? >> if anything it gets less coverage than probably would normally. we'll know they did the right thing and raise rates late they are year and long-term rates go down. you shouldn't have done that. we'll have recession. if long-term rates stay the same --

neil: what about to charlie's point? >> those fears to my point were worse four to six weeks ago in the stock market. >> no. no. look default swaps of german, european banks they're still spiking fairly dramatically. >> in the u.k. there is inflation picking up. that is more of the situation than we're in right now than say italy and european countries on the euro. >> talking about a possible economic downturn going worse. emerging markets -- >> you would see it in prices. you. especially with oil. >> but you are seeing it in the banks -- >> what price besides commodity prices going down? >> let me be clear. neil: threat of inflation the fed moves. if not -- >> there is no threat of inflation. >> assuming 5% interest rates. >> problem with your analysis, jonas, the european banks, if you look at credit default swaps, i know that sounds esoteric but they perceive every implosion. they have spiked dramatically on deutsche bank. neil: what does that mean? >> people are the about, buying

credit default swaps that there will be problems with their banks. increased likelihood banks won't repay debt. >> negative rates are hurting european banks certainly. of course it is always what, how they say it. how they position a future rate hike. and what will the top rate be. neil: you would posit scenario which they would raise rates? >> another quarter point. that is it for the rest of the year. neil: fed funds future contracts would have one more, two more? >> what you're really saying they're not going to change much, they're not going to do anything. neil: wouldn't that mean by end of the year sri quarters of 1%? >> yes,. >> i bet she leaves herself a lot of wiggle room not to do anything. >> right. neil: as you focus, there will be non-stop coverage minute by minute, what do you want to hear from her? >> from her? i want to hear what she thinks about both china, i hate to sound like steve lieb but china. and european banks.

i talk to plenty of sophisticated money managers worry about balance sheets of -- neil: wouldn't want to tip her hand, would she? >> you're asking me what i would want to hear. that is what i want to hear. >> i would want to hear she thinks european and china problems are not spreading her in fact that we look like we're on slowly upward trajectory we can handle, even though 1% rates lot higher than negative rates in japan and europe. neil: three hikes to go to get to that. >> i want to hear what the fed is thinking about wage growth and wage inflation. it matters to the u.s. economy. it matters for the job growth picture and it matters for the u.s. election. >> do you think there is any? >> i want to hear. i want -- neil: long-term rates -- lower than when they first started this whole thing. >> meaning back in 2008? neil: with the first hike. >> long-term rates definitely. and they're not going higher. >> the fed does have some impact on long-term rates. how do they do it? they buy, do qe.

the balance sheet expanded. neil: qe, credit default? i think we have every ratings juggernaut. >> read my book. sold out. i have glossary on back of everybody buy the book. neil: we're five minutes away from the dramatic fed announcement. stay tuned to fox. there's no one road out there. no one surface... no one speed... no one way of driving on each and every road. but there is one car that can conquer them all. the mercedes-benz c-class. five driving modes let you customize the steering, shift points, and suspension to fit the mood you're in... and the road you're on. the 2016 c-class. lease the c300 for $399 a month at your local mercedes-benz dealer.

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neil: all right. so much at stake with the federal reserve announcement. we go back on forth on what is so important. that is important. it could set the table for the remainder. would they have been coming later in the year? against that sort of thing. long-term interest rates are what the fed have no control.

they have actually gone down in the face of that object. a number that few people appreciate. ashley webster, taking you through that crucial announcement. >> i am on the edge of my seat. thank you very much. we are seconds away from the fed decision. peter barnes standing by, as always. waiting to bring us the headlines as soon as they cross. future rate hikes. the fed expected to hold steady for now. we have heard it so many times before. janet yellen will be speaking just 30 minutes from now. we will be bringing you her comments with and we will be watching these markets for any reaction. they have been flat all day. the dow off just 25 points. the s&p down.

the nasdaq, let's call that flat. with what is the fed going to do? will they give us more of a clue? some say june, some say hang on. let's go straight to peter barnes from the federal reserve. >> no change in rates. the new fed economic forecast now suggested just to work order point ray kite's for this year. down from 442016. the fed lowers its gdp growth forecast for the year. it remains concerned about global economic and financial turbulence and development as these inflation stuck below the 2% target for the year because of continued low oil and import braces. they will remain data dependent, of