that's it for us. we thank you for being with us. i'll be on "the o'reilly factor" tonight 8:00 p.m. eastern on the fox news channel. that's coming right up. [♪] kennedy: a battle is brewing over president obama's pick for the united states supreme court. who is neil gorsuch? will democrats fight fair? president trump pushing back on critics on travel restrictions. a new poll says americans support the plan. so why all the protesting. hillary clinton apparently isn't finished blaming others for her election loss. grab a phone. i'm back from the flu. i'm here to ask, who is this

neil gorsuch and will he become our next supreme court justice. republicans hope's a reanimated antonin scalia. but democrats are painting him as the devil incarnate. he's the meaty middle that has to show meddle if he's going to make it -- mettle if he's going to make it through the senate. dems were falling all over themselves to slime the federal appeals court judge that they like everyone else no very little about. chuck schumer immediately declared the judge i will legitimacy because gorsuch is quote hostile towards women's rights. nancy pelosi described him in a slightly different words.

here's what we know. gorsuch has fancy pants degreece from columbia, harvard and oxford that include a ph.d in philosophy. he's a conservative who follows in the scalia originalist vein. he believes in a strikes interpretation of the constitution. he believes in keeping the executive branch in check and he's good on the 4th amendment and doesn't think the state can bearing to your house and poke through your unmentionables. and he's against euthanasia and suicide. what if you are a terminally ill person with a certain painful death and choose to take your own life. and how do his statements on

assists suicide translate to abortion. hopefully they won't sacrifice important and necessary questions about free speech, due procs, and heck even the commerce clause which gets so little love. jurists can present themselves in one light during the confirmation process but then get in the throes of cozy liberalism once they are on the bench for a decade. even chief justice john roberts. in contentious times like these, judicial turncoats may be the least of president trump's worries. but we'll see how hearty the confirmation process is. he may want assists suicide after the certain brutal

confirmation process ahead. glad you are here. i'm kennedy. the confirmation of neil gorsuch is a far from done deal. so what are some of his stance on legal issues. let me ask tim carney who is a commentary editor at the warn examiner and visiting fellow at the american enterprise institute. welcome back, tim. >> you have written concisely and interestingly about judge gorsuch's stance on religious liberty. i wants to talk about some of the non-christian religious liberty ruling he made particularly that of andrew yellow beer. tell me about that case. >> i think these are important things to talk about. when you were quoting chuck

schumer and nancy pelosi saying he was hostile to women, they were talking about hobby lobby. but in the andrew yellow bear. he's a native american in colorado. he was in prison for the murder of his daughter. he's not some sympathetic case. but he wanted to go to the sweat lodge as part of his religious observation. the sweat lodge they had in the prison. but because he was in protective custody, the guards said it would be too much of a burned to escort him over there. there are federal laws about how to honor the religious observation of prisoners. this is a sister law to the religious freedom act. gorsuch said the burden is on you guys to show this an overwhelming burden. and you haven't shown it. he has shown that it's a big burned on him to deny him

access. so he laid out a test that was open to religious liberty and accommodating people goes state tour, the prison guards, who weren't willing to look after his religious observations. kennedy: i touched on his feeling about physician assisted suicide. i want to talk about civil liberties. clarence thomas has been very good on the first amendment. how would a justice gorsuch deal with issues of free speech? >> every time, not just on free speech. every time we see state power against a vulnerable individual, whether they be in prison or whether it has to do with campaign finance reform, are you going to crack down on non-profits trying to speak, you see gorsuch coming down on the side of the individual against state power. the same with the fourth amendment search and seizure laws.

that's why you are seeing libertarian scholars as well as conservative scholars come out in favor of him. he says the state has more after burden of proof to shoift's a legitimate interference rather than placing the burden on the individual. kennedy: there are some of obama's past legal advisers who applauded this nomination. what do you think the chances are he will be confirmed? >> you have seen early signs that democratic senators are ready to vote no on his co confirmation but let him have a floor vote. chuck schumer wants to filibuster everybody. the liberal base wants to filibuster everybody. can the aclu and chuck schumer rally enough democrats to fight on this hill or will they wait for the next hill when president

trump may put up somebody who doesn't have such wide respect among the legal community. replacing scalia is restoring the balance on the court. it's not tipping it. kennedy: we'll see what happens the next go round which as you say will be far more important. thank you so much. now it's time to meet tonight's party panel. eboni williams is here. michael malice is in the house. and guy benson, town townhall political editor. eboni i will start with you because you are a legal scholar. of the four us at the table, i would say you spent more time studying supreme court ruling

and what not. how do you think this is shaping up, the fight with the democrats. >> i think it's unremarkable in the sense they are going to oppose him on an ideological basis. it's not on anything he has done to be disruptive to legal proceedings. ideologically very, very conservative. so very pro-life, anti-affirmative action. kennedy: is it going to be just an abortion fight? >> for the dems, absolutely. that's why they will vote no or filibuster and president trump will empower the administration and his base to use the nuclear option. i don't find anything surprising or remarkable. kennedy: i who they don't use the nuclear option.

>> the greatest thing about our president, he's petty and vick deck tough. harry reid was warned, 200 years of tradition and history in our country. you pull away this nuclear option and it will come back to haunt you. he did it anyway. now he should live to see the consequences. they should be giving the left the finger. what's great about trump and how he guide the left. you have so much energy and animus and hatred. you have a complete lack of power in washington. so the more you have this divide where the emotions are high and the hourlessness is high, the bert it will be to crush progressivism. kennedy: do they keep trotting out follow knees? >> he will be confirmed. whether there is a nuclear option triggered is up to the democrats. i don't think they will need a

nuclear option. there are 8 democrats already saying he's entitled to a vote. there is a number of them, including dick durbin. that indicates to me i think the democrats will hold their fire. if they are filibustering down the road we might see the nuclear option triggered. kennedy: it's interesting now because we have had a year-long vacancy where it' been a split court. people thought it was going to be very, very chaotic. it hasn't been so. so restoring that ballot in that big of a deal. >> this is a scalia for scalia. i would also note that president trump had two nominees in his first term. both of whom sailed through with no filibuster. there is a lot of history here on the republican side and back

to he any *'s point, judge gorsuch is a sterling nominee. they have nothing to come at him with, that's why there are statements about he hates women. >> i would be careful what you are saying, michael. all this angst and hysteria on the left, it's because they have been shell shocked by what has happened. the pace president trump is moving at. the fact that he won in the first place. when they settle down and understand this is their new reality -- kennedy: that dynamic doesn't change. >> i think main they will get smarter. the republicans in '08 got really smart. after obama won and they understood they had the floor mopped. the tea party 2007, they got the house back. >> that wasn't because them.

>> i'm talking about the progressives and the democratic establishment fearing them. kennedy: president trump's executive order on immigration and travel in the u.s. depending on who you ask, it's a restriction or outright ban. the left is furious by the. those on the right say it's great. trump tweeted, everybody is karging whether it's a ban. call it what you want. it's all about keeping bad people with bind texass out of the country. a reuters poll shows 4% of people agree with the order. 41% disagree. does it keep us safer. >> i think it last 60 years the democrats trotted out more out groups to champion. the last group, people who are transgender.

there are 100 transgender people in america. no one cares and it went over like a lead balloon. they are starting an antagonism before they have a chance to put them on their shoulders. kennedy: there is a lot of emotionalism on both sides of every issue, particularly here. i agree with jonah goldberg who said within the order the president should have given the agencies 30 days to decide how to up pose the ban. >> i'm sympathetic to a number of things in this executive order and i think the idea that you don't have a right to enter this country and we have to right to make sure we are keeping bad people out. i do have concerns about some of the content originally, how it was rolled out. but that poll is important for this reason.

a lot of people in this city, in our industry, they all were convinced, there is a massive uproar over this. the country is turning on him. we got this. the polls come out. and people say, it's fine. there is such a bubble eect. i wondering when the certain elites will starto learn the lesson that just because they see big demonstrations in liberal cities and their friends are angry by the on facebook, that doesn't mean that's what the country is feeling. >> i'll talk less about the impact and the effect. a ban or the legislation itself. because here is the thing. most people want america to be safe. and that's why the numbers reflect what they do. the president has to really wrap his mind around it. it's right that no one has a right to enter. it's a privilege. when you start singling out who gets that privilege around race,

identity, nationality and religious beliefs, now you are triggering what we call strict scrutiny. it's not actually the intention. president trump can say i have no intention to discriminate. if you have that impact you still have a constitutional challenge on your hands. kennedy: wait until you hear who hillary is blaming for her white house loss. oh, good. first president trump slashing regulations like they are going out of style. that's next. i use what's already inside me to reach my goals. so i liked when my doctor told me that i may reach my blood sugar and a1c goals

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kennedy: bureaucrats are stinging from president obama's executive order. the red tape clash is a boon for business. this according to a new report from the american action forum. just like halting president trump's pending regulations. president trump saves the economy $180 billion. can that possibly be true? it might be a stretch, by the appears to be a step in the right direction, so says

jonathan hoenig. great tie. >> regulations cost stillons of dollars. they impact people, their bottom line, and also their wealth and well-being. if trump can slash and burn this regulatory state it would be a major boon to the economy. kennedy: how much did the regulatory state increase under president obama's 8-year watch? >> dramatically. and across the board. in financial, medicine and almost all areas of the economy. an amazing stat, if we had just held the regulatory state where it was in 1949, the average per capita income in this country would be $160,000. it's $46,000 now. the regulations are not just

inconvenient or expensive here or there. it has a dramatic impact on americans bottom line. kennedy: it's not jft they receiptic economic principle. these are rules that shackle individuals and keep us from prospering and keep the economy from growing. and when we plead with new administrations to hold back government and restrain government growth so the economy can grow, isn't this the kind of stuff we are talking about? >> regulation is preventive law. it doesn't protect anyone's rights, it just prevents us from getting uber, from getting using or a light bulk you want to use a can afford. all regulation is destructive. it's disingenuous this is a real

opportunity to boost the economy long term if we can slash and burn this regulatory state. kennedy: you talk about the regulations on the taxi and limousine industry. let's also talk about economic growth and dodd-frank. what are the possibilities of maybe not repealing dodd-frank completely but rolling part of it back in a similar vein? >> you would have done better being a leper in the last decade. they caused the financial crisis and they lead to the regular story hurdles. president trump promised to slash and burn. people might say what's the big deal. that transports to bigger bank accounts for you, smaller stock

transactions and a healthier economy. kennedy: i know it's been an incredibly emotional week on both sides. there has literally been hysteria fomenting on both sides of the aisle. both sides of pretty much any debate. we have to find it incumbent upon ourselves to find those bright spots and let the individual thrive and encourage that wherever we can. coming up, a raid against al qaeda reportedly lead to the death cold front an 8-year-old american girl. -- lead to the death of an 8-year-old girl. just say, show me cars with no accidents reported find thears you want, avoid the ones you don't plus you get a free carfax® report with every listing i like it start your used car search at carfax.com

kennedy: for years i blasted the obama administration for killing americans without due process. now i'm imploring the trump administration from going down that same dark drone path. al-awlaki's 8-year-old daughter was killed in a raid and a u.s. navy seal died in the raid as well. but it's a cautionary tale of

what could happen if a new president follows the past president's lead, especially on drones. so what does this raid and the way it's described as a massive firefight, what does this say about the new administration's counterterrorism techniques? >> if it means combat veterans are in charge. mattis green lighted this where ashton carter would not have. obama wanted a zero american casualty policy. that's why he fell in love with drones. drones cannot capture prisoners or pull hard drives out of computers. but naval special warfare and dealta force putting boots on the groundeansou need to be ready to write tse letters home. and obama was not. there is a saying in come boot,

that the enemy -- saying in combat at the enemy gets a vote. and you need to be prepared to lose your people. the first people in line who raise their hands are the ones who got on those o those osprey. we had 8 years of casualty aversion. earn unwillingness to put people on the ground in pakistan and instead shoot a hellfire * missile into somebody's house as opposed to capturing him. so this could have been done by drone it was not done by drone. it's not intention to kill an 8-year-old girl. but our enemy takes their family to the battlefield and that's kind of on them.

kennedy: what does this say about the road going forward? these times of incursions can be -- these types of incursions can be deadlier. do you have think it's a good sign for peace to have this insight and expertise? >> it's a positive sign for american sources that we finally have a commander-in-chief. i'm not a trumpist. but it's good to see there is some one in the pentagon who has the guys ear and can tell him, if you want to make progress, you need to take these risks. if you sit back from 10 miles and shoot missiles at moving cars, you can't assess what happened until al qaeda releases a press release. you have to be able to do what's called b.d.a., battle damage assessment or capture prisoners. going forward, i think you are going to see less of the droning and re of this. it's counterintuitive to the

casualty averse americans. but the guys at special operations would rather be used than not used it's what they dedicated their life to. and they know they bring things to the table that a drone cannot. a drone can't land and say surrender. the delta force guys, they take prisoners, and the prisoners do this. it's an order of magnitude better in fighting our enemy which is a way to get the peace, is to stop having enemies. this particular enemy doesn't want to talk. so to disrupt al qaeda like we were three years ago, we have to do these things. kennedy: we'll talk again. i want to talk about rules of engagement and how this may play out. coming up. hillary clinton has hah new scapegoat for her loss to president trump. she is not blaming herself.

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hillary clinton is still reeling from her loss to president trump. the person she blames is former president barack obama. according to a report, hillary clinton thinks president trump waited too long to present evidence of russian interests force in the election and that cost her the white house. is it possible someone else led to hillary's loss? like maybe hillary? the party panel returns. presiden.president obama deprivf so much. first thing i thought when i saw this, she is blaming another man. >> she is america's mother in law. she is such a nag.

if she were actually inspirational, then obama would want to be helping her and other people would wants to be helping her. on a personal level people would work with her either hate her or defy her. her -- or deify her. kennedy: the russians decided to install that rickety server in her house. that tanked her credibility. you don't hear anything about her personal decisions and how the email drip drip drip provide more information than the dnc -- c leak. -- dnc leak. >> i knew of the second that she lost this would be the first line of attack.

it's no one else's attack than president obama's. i blame her because if you are compelling, i don't care, man, woman, black, white or brown,ing you get what you work for and what you earn. the party had a choice, they rejected her twice. they were bullied into take her. she was forced down their throat. kennedy: run again? 2020? >> wow, racist. second of all -- the fact that she is sitting around doing unironic thanks obama in her living room is a wonderful picture in my minds. he did go to the wall for her. he did everything he could to drag her sad below thed political carcass across the finish line. >> he guilted his base to say if you don't vote for her, i will

take it personally. this is almost too good to che this story. i'll enjoy the on its face and renew my call for secretary clinton to run again in 2020. it's what the country needs. kennedy: there are some very divisive issues facing our nation obviously. but one crisis will likely unite us all. america's bacon reserves have reached their lowest point in 60 years. our pork belly inventory was at 17 million pounds as opposed to 53.4 million in 2015. as a result the price of bacon has been on a steep incline. what has happened to our country? and are we staring down the barrel of a turkey bacon.

>> i don't know if i should be making an animal farm george orwell joke. >> i used to be a member of the bacon a month club. poor people should be eating more bacon. kennedy: it's the gift that keeps on giving. >> i'm horrified by this news. we must have more bacon all the time. bacon should be in everything. it wasn't until i went to college i discovered bacon shouldn't always be in vegetables. >> we don't win anymore. bacon, big problem, we are going to fix it. kennedy: do your wrong. >> wrong. thank you so much for being here tonight. so nice to be welcomed back to

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kennedy: astronaut twin brothers. all the time in space melted scott kelly's dna. what does this mean for the future of space travel. scott was sent to live in orbit for nearly a year while his brother mark on the right stayed ground on the planet earth it was the perfect situation to stud why it effects of space. because they are identical. upon his return scott was taller than mark. scientists say his dna has changed as well. so could space travel be the best way to combat the aging process or are future spacemen doomed to die a slow death. let's talk about this.

some interesting stuff. scott kelly was taller at least for a little while because his spine decompressed in microgravity. >> for those of how want to go to mars after 2030, there is good news and bad news about going to mars. scott was 2 inches taller after going into outer space. when you go to bed at night your spinal cord also decompresses and you are taller at night than you are during the day. but after he came back tort, gravity compressed his spinal cord and he went back to his normal height. kennedy: the telemeres were longer. the caps at the end of chromosomes that have to do with the inning process. >> everybody says premature

aging is one of the side effects of being in outer space. telemeres are like a clock. they get courter when they divide. but s got longer. however, it s a temporary effect. and you have to realize cancer cells can also stop the telemeres. cancer cells are immortal because they stop the clock. that's why cancer cells live forever and that's why they kill you. kennedy: there is all he radiation which can damage the receipt indiana and potentially the brain, being in space for that long can hasten the growth of certain cancers. >> the good news is the effects of radiation were not as bad as we thought. but the bad news came out last october when they took mice and hit them with cosmic rays and

the mice got anxious and suffered from brain damage. we'll have to shield our astronauts if they go to mars. kennedy: was this experiment designed to see how our astronauts will comport themselves? >> he was in space for only 340 days. our astronauts-be going to mars for a 2-day mission. and another 7-8 months to go back to the planet earth. that's two years in outer space with lots of cosmic radiation. we'll have to do extra shielding to protect our astronauts. when you think of a transatlantic flight from new york to l.a., you get a dental x-ray amount of rays. kennedy: did you see the matt damon movie, mission to mars?

>> i saw him in that. kennedy: i love your expertise and your brain. you are a well spring of knowledge. very good. coming up. is this child a small wizard who can control buskers by waving her wand? we'll talk about it next in the "topical storm." and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis. why is there neverite, enough of it? a john deere 1 family tractor with quik-park lets you attach and go.

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kennedy: when your pillowcase is filled with thumb taxes. topic number one. there is nothing quite like opening a new bottle of vino. the intoxicating aromas. the huckleberry and oak. the black eye. he beat himself in the head but good. at least he got it open. now he can get good and drunk when he picks up his idiot of the year trophy. crack open a bought like that is a rookie mistake.

everyone knows to open it from the bottom. just like that. topic number 2. topic 2. subway performers are an unruly bunch. we need a re-hero to come along and keep them in line. it's unclear whether this child is conduct her own personal orchestra or is she performed the worst magic trick ever, by producing panhandlers 0 it of thin air. let's hope it's a magic trick. conduct as you know can be a real slippery slope. there is only one way the lifestyle after conductor turns

out. >> all aboard. all aboard. smarten up, kid. want to end up like that? that guys only 14 years old. topic number 3. scientists often speculated about what's inside of a football. is it rabbit fur, perhaps a highly toxic gel? i always speculated it's made up of smaller footballs which are made of tiny footballs. but the slow motion guise overinflated one until -- slow motion guys overinflated one until it explodes. it turns out the football is filled with smoke. now let's cut to the man they

put in charge of football quality control. >> i have a process i go through before every game where i go in and pick the balls that it want to -- footballs i want to use for the game. kennedy: i'm glad he clarified footballs, and not just balls. the hat, the dumb diet. heat up some olive oil, you freak. topic number 4. they finally did the. someone put a gopro on a sword. let's see what the world looks like from the perspective of a swinging saber. nice. is that a human hand? oh. what beautiful eyes you have, ma come. here is an interesting fact. while these young men are using a sword to slice melons in half.

archeologists believe swords were invented for slicing people in half. do you know what happens if you try to bring a sword on an airplane? i do. but i'm legally forbidden to discuss it. thanks, tsa. now, let's see a sword-wielding ninja. incoming -- those were tom brady's discarded balls. scientists have long known you can determine someone's intelligence by the sports team they have root for in early childhood. what you are about to see is a child so smart, so young, his love of sports defies scientific explanation. this 2-year-old was caught on

camera as he woke up from sweet slumber to cheer on his favorite team. he's a genius. >> let's go rangers! let's go rangers! let's go rangers. you are brilliant. it's so cute. i love that this baby is a rangers fan with dreams of lunlds gift dancing in his sweet head. let's see what islanders fans are up to. that's about right. they don't even go to their own game. thank you for watching the show tonight.

you can follow me on twitter and instagram @kennedynation. email kennedyfbn@foxbusiness.com. tomorrow on the show, i am werely guilfoyle and matt welch. until then with i will nurse your affection. good night. was crazy, he just , "no, i'm gonna build dinosaurs." >> his creation? a land before time. >> he was almost an engineer wh it came to dinosaurs. >> can it survive without him? >> a lot of attractions that were the vision of a single person, all of a sudden they're gone, demolished. >> depends on his daughter... >> when you have an absolute passion, you think that other people feel the same way you do. >> his granddaughter... >> are you living on the edge, kiki, to make this all happen? >> a little bit. >> and his great-granddaughter. >> has your mom ever said, "we need to talk about the future of the park"? >> never. [ door creaks ] [ wi h