families by undermining our fight against terror, majority of americans do not agree with that, they believe that smart vetting would keep americans safer, that is why president trump was elected. continued coverage, lou dobbs is next, keep it right here on fox business. business. >> 9th circuit court of appeals ruled against president trump's executive order calling for extreme vetting, panel of the three judges ruled that temporary restraining order on the executive order will remain in place for now. that executive order presumably on the way on supreme court. we have coverage for you tonight. a lot of news too cover as well beyond that. president trump standing by his choice of judge neil gorsuch for the supreme court, president instead taking issue

with senator bloomenthal saying that senator misrepresented neil gorsuch. >> his comments were misripped, you should -- misrepresented, you should into senator blumenthal about his vietnam record, which did not exist, he misrepresented that just like he mess represented judge gorsuch. lou: what was gorsuch thinking, he insulted the very man who nominated him to the high court. we take up that. also newly sworn in attorney general, jeff sessions vowing to support president trump in all respects and his policies. >> we need a lawful system of immigration that one that serves the interest of the people of the united states, that is not wrong, that is not immoral, that is not indecent.

lou: restoring order to this country is a tall order for the trump administration. wall street today hitting record highs, after the president said he will make a major tax cut announcement over the next few weeks. >> we'll be announcing something, i would say over the next 2 or three weeks that will be phenomenal in terms of tax. lou: trump economy it is roaring, it is booming, is anyone tired of winning yet? top story, 9th circuit court of appeals ruling against the trump administration withholding a temporary restraining order. president responding, see you in court, the security of our nation is at stake. the 9th circuit courts ruling stated this among other things. we hold that the government has not shown a likelihood of

success on merits of its appeal or failure to enter a stay would cause irrespectable injury. the justice department argued that the extreme vetting order is a traditional national security judgment that's assigned exclusively to political branches of trudg trump administration. to ask a larger panel of judges to hear the appeal on temporary restraining order to ask the supreme court to weigh in on an emergency basis. to accept th the appellate court order go back to seattle base federal district court and begin a new. joining me on the phone, judge andrew napolitano. this order coming from the most reversed and most left wing appellate court in the country is no surprise, but it

is on its face shocking to see their dismissal of the constitutional powers that are reserved for the president. >> you know, lou, i have been harshly critical of 9th circuit in the past, i was earlier tonight, but they have really reached a new low. absence of intellectual honesty in this case strikes one in the face just before you get to fourth pain, the constitution assigns to the period, unambiguously the role of making the nation's foreign policy, does not even give it to congress, congress is limited in foreign policy. and funding state department. for this court, to assume that these judges can second guess the president. and say, we are not satisfied that the danger from these people comes from sim 7

countries is sufficient to bar their entry into u.s. for 90 days is literally taking the judicial mind, putting it in place of the president at mind in an area that the constitution gives exclusively on the president, yesterday, when the president addressed the group of police chiefs, he did something i have never seen a president do before. he read allowed the -- aloud the statutes on which his executive order is based, he read the right statute and right words that every president since harry truman has this tool given to him by congress, giving hym him the ability on his own toees thansuspend immigration rights of any group, that he alone deems is a threat to the

national security, there is no room for interpretation for that. lou: so clear, so plain as he put it anyone could comprehend the meaning, but tonight, this court, and san francisco have just dismissed lawfully elected president of the united states and upturned the relationship between that president and the constitutional powers that are his alone. dismissing tens of millions of american voters in doing. >> may i add a phrase, and put themselves in his place instead. by balancing the nation's foreign policy against the rights of immigrants that come here, that is a privilege, it is not a right, as if they were the president, in an area that constitution and statute

give, exclusively to president of the united states. lou: may i ask you to stay with us, we're joined by arkansas attorney general leslie rutlidge. senior fellow foundation for defense of democracies, david rifkin. who is with us tonight. and leslie, let me get your reaction, you heard the judge, and his assessment of this order from the appellate court. what is yours? >> unfortunately not many of us in legal community were surprised by the 9th circuit's decision, we're disappointed. but again, i think as judge napolitano pointed out we have activist judges who put themselves in place of the president. president has made it clear this order was constitutional right of his, as well as a congressional and statute that is 8 -- it is aine languag plain language that president

has the pauser, national security to protect our national security, that is what he was doing, i am confident that the justice department, under our new attorney general, jeff sessions, will be able to win in court, and that we can protect america, that is what this president. that is why the american people got behind him, they were sick and tired of will pothe policies of the past that did not protect the american communities. lou: david? >> i, agree. i would add in liking merits decision is wrong, it is a matter of standing, what the court of said is that public universities in the state of wisconsin because they spend some money on processing visa applications, and paying for it, for certain individuals who actually have no guaranteed right too to come into the country, because the

issuance of visa is separate. we are not allowed to enter, they speculated that voic those individuals beallowed to enter. this is a per version of a longstanding case, that is the basic limitations. >> you dish al judicial power. this is not about holding the president to rule of law, this is about holding everyone to rule by the judges. lou: i think agrandizement is interesting. gorsuch has now entered into a new rel a realm by criticizing president of the united states, talking about his disheartened state. about his -- and resistance to the constitution rather than

using it as a guide and a fe finite border to conduct of government officials. judge napolitano, this is on point, to the fact that neil gorsuch spoke poorly, and perhaps -- unethically. >> you know i want senate to confirm neil gorsuch, he is a worthy successor to schallia, he shares of view of the constitution that rifkin and i have and the president has, and many people who supported president do, about judges need to have thick skin, in return for lifetime tenure, you have to have thick skin. and realize, you don't enter the political fray. you make a decision in your courtroom. you don't get involved in the political wars that the rest of us do. i don't know if he ran these words past the white house

first, they said, fine. i don't know if senator bloomenthal put his own spin on it. lou: other words were corroborated to be from the confirmation team and senator ben sass as well, corroborating his language there is no question about the fact -- >> i don't think that president got as angry as lou dobbs did over this. lou: he did not, he is a man of greater grace, and generosity of spirit, i admire his patience with the obstructed and frustration of the will of the people in the 57 of ouperson of our president. >> attorney general, what are we to do here? i understand we see prospects of appeal, or moving to supreme court itself. >>

but this is on its face such a rebuke to the american people and to this president, basically the court ruled hell with the american citizen and his or her safety. we have a different view of the world and ours will prevail, this is appalling on every level. >> they order -- the order itself is appalling. i think that judge pointed out, that language itself in the order is insulting, they put themselves in place of the president, and yes, the justice department has some decisions to make. i am confident they are going take one that will be a winning strategy, if it does go up to supreme court. that supreme court will look at the law, and actually apply the law, the written words of the law, as opposed to activist judges who apply

their own policies and put themselves in place of the president. unfortunately, we have seen activist judges across the country, perhaps that is what we're seeing here. lou: yes. and david, if i may give you last word. 9 of 13 circuits, they are liberal. no question that 9in 9th is most liberal, they are guiding 35,000 cases a year, this is a nation that is now taking on momentum, a foundation that is increasingly of day more liberal. what can be done here and how can this administration protect its responsibility to represent the will of the american voter and national security. >> i think first, it is a essential to bring the sense

of balance and sense of respect for the constitution, certainly, first and foremost, as supreme court level. if necessary, i think it will be useful to add new judges for. >> yo -- a judicial bill to a number of key circuits. let me inject a note of caution, i have no confidence in the way that into gorsuch's remarks have been conveyed. it is possible if is not what he said, it is not what he meant, and it is possible, to construe as what he said as a sense of being disheart ended by the decision of the district court in this case. lou: did not jump, i picked up evidence as i walked down, a straight path of cob - -- to

what he did say. i would gladly, hope that your case for ambiguity prevails, thank you very much david and leslie. and judge napolitano. thank you. terrific to have you here. >> we're coming right back, there is much more going on in washington. some of it far more pleasant. we'll share that with you next. stay with us please. >> hundreds of protester in phoenix defying president trump's call to pro move illegal immigrants from the nation. >> illegals, i want you to turn in the bad ones, call secretary kelly's representative. we'll get them out of the country. lou: this protest and this issue has many here fired up, including michelle mall kin, my guest next.

>> and scientists find radiation at fukushima power plant in japan, now at highest level since 2011 meltdown, redration from fukushima has been detected on our west coast, the fear is it could get much worse, we talk about dangerous discovery here. stay with us, we'll be right back. dear predictable, there's no other way to say this. it's over. i've found a permanent escape from monotony. guest next.>> and scientists it test.

(snap) achoo! achoo! feel a cold coming on? zicam cold remedy nasal swabs shorten colds with a snap, and reduce symptom severity by 45%. shorten your cold with a snap, with zicam. bp gives its offshore teams 24/7 support from onshore experts, so we have extra sets of eyes on our wells every day. because safety is never being satisfied. and always working to be better.

because safety is [ alarm weather.eping ]

♪ [ laughter ] cartoons. wait for it. [ cat screech ] [ laughter ] ♪ [ screaming ] [ laughter ] make everyday awesome with the power of xfinity x1... hi grandma! and the fastest internet. [ girl screaming ] [ laughter ] i've spent my life planting a size-six, non-slip shoe into that door. on this side, i want my customers to relax and enjoy themselves. but these days it's phones before forks. they want wifi out here. but behind that door, i need a private connection for my business. wifi pro from comcast business. public wifi for your customers. private wifi for your business. strong and secure. good for a door. and a network. comcast business. built for security. built for business.

lou: protests erupting outside a phoenix immigration and customs enforcement office. protesting the deporting of an illegal immigrant who was ordered out of the nation 3 years ago. she was taken in custody by i.c.e., in 2008 she was arrested in a workplace raid. a judge issued a deportation order in 2013 against her but it was never enforced by obama administration. i.c.e. today issued this statement, miss garcia immigration case under went review, including board of

immigration appeals, and judges held she did not have a legal basis to remain in the united states. joining us tonight michelle malkin . i want to apologize, i am a little heated about the reasoning if you can call it that and judgment of the 9th circuit court of appeals. >> yes. no need to apologize, i share that u im-- impeeving feeling, it is appalling, not only do they take aim at president trump's authority and his executive order, this is a wholesale over turning of statute, precedent, history, what your founding fathers intended. there is a saying in immigration lawyer community,

i have been covering this for a quarter septemberly century. the moto is, it ain't over until the alien wins, we now have aliens who have rate to immigrate, thanks to the 9th circuit court. they are allowed to stay, turn it into indic entitlement, and then galled when someone like trump taps them on the soldieshoulder and says, guess, what, it is time to go, they are running among. lou: they are, i cannot say i am confident of what supreme court will do, a 4-4 court, neil gorsuch, the president's nominee to high court to take

the seat of schal scalia he does not want anyone to criticize a court, he sees a court system that is a finer, purer place than ever demonstrated by 9th circuit court of appeal, i think this court needs great scrutiny, and not not less. >> i think a no comment would have been a more. >> yomore. >more. >> yo judishous thing for the judge to say, i tell you, what i think a break up of the 9th circuit, would be a very first concrete measure, that would benefit american law abiding citizens. and congress could certainly, has had that on the plate for a long time, and done nothing about it. what is the point of having republican majority, if they are not going to do what is in

their power kerr enl currently to rein in the courts run amuck. lou: i understand reasoning to split the court but with 9 of 13 circuits dominated by the left. i think we would only add you know, another circuit. and have likely two more courts that are left wing instead of reducing them removing then both. we'll see. let's turn to jeff sessions. now attorney general sessions. a man of great character. a man of the law. what is your sense of how he will do? and how long is it going to take to roll back what has been really 16 years of lawlessness in this country, because the bush administration refused to enforce immigration law. and to secure the border? >> well, he has an incredible

team, to extent that he can rest control back. on behalf of american workers and citizens, it will be a huge relief, it is number one best thing that president trump has done with regard to his nomination, in my opinion. i want to talk about issue of standing, you have a case where, washington and minnesota, have standing to up end immigration law, yet american citizens who sued whether on h1 bpolicy or sanctuary have been denied those standing, jeff sessions stand on the side of those citizens in restoring santee tsanity to america. lou: that would be terrific, michelle malkin thank you very much. >> you bet.

lou: just how left wing, forget liberal, is our judiciary system? that is the subject of myte commentary coming up next,an stay with us, we'll be right back. you've earned your medicare. it was a deal that was made long ago, and aarp believes it should be honored. thankfully, president trump does too. "i am going to protect and save your social security and your medicare. you made a deal a long time ago." now, it's congress' turn. tell them to protect medicare.

..

lou: a few quick thoughts on neil gorsuch who was back on the hill after the supreme court nominee made disparaging comments about the president who nominated him. and kelly ayotte who lost her seat who was herself a never trumper testified the comments. she said while he made clear he was not referring to any specific case, he said he find any criticism of a judge's integrity and independent

understand disheartening and demoralizing. liberal control of appellate courts is not to be ignored. libra majorities control 70% of our appellate court. they handle ear of overwhelming number of cases in our judicial system. never mind the 53 senators have law degrees. we won't pay attention to that. and don't pay attention to the fact that 214 out of 435 members of the house of representatives have law degrees as well. there is a problem here, don't you think? and it's one we should be thinking about and talk about and doing something about. as for the president's criticism of the judiciary. president trump publicly rebuked

the supreme court during this 2010 state of the union address. where was judge gorsuch's disheartened moment then? president trump at the time talking about the citizens united decision to which judge alito responded, "not true." i believe the judiciary should not be free of scrutiny and should not be. he owe the president a great deal of gratitude and not insult. he also broke the ethics rules by spoking about political math matters as well, and he spoke so loosely in front of his ideological enemy, michael blumenthal. i think judge gorsuch has

demonstrated a lack of honor. and he should withdraw his name by the pure disrespect he has shown our president and his lack of grace. not very smart for a man with degrieves from harvard andg oxford. with the help of the lowest taxes in decades, a talented workforce, and world-class innovations. like in plattsburgh, where the most advanced transportation is already en route. and in corning, where the future is materializing. let us help grow your company's tomorrow - today at esd.ny.gov why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, 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. this is one gorgeous truck. special edition. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!! ooohh!! uh! holy mackerel. wow. nice. strength and style. which one's your favorite? come home with me! it's truck month! find your tag for an average total value over $11,000 on chevy silverado all star editions when you finance through gm financial. find new roads at your local chevy dealer.

lou: alabama's attorney general

has been appointed to the senate seat vacated by jeff sessions. he said i floajt people of alabama to continue the same level of leadership as jeff sessions and consistently fighting to advance the conservative values we all care about. ed rollins leading republican strategist, good to see you. your reaction to the 9th circuit court decision. >> the only thing shock was the third republican who voted with the two democrats. i was not surprise the at that. already voted against it. it's an appalling decision. way would hope the president does. obviously they fired off -- i hope they take 24 hours and figure out what they are going to do because it's too important to the presidency and this country. he has the vehicle in the constitution and get a good

extra expwrain implement the strategy. lou: judge nap point out i was far more exorcised than the president. >> jeff sessions, one of the finest meant senate served for 20 years in the u.s. senate. he gets one democratic vote. >> the conservative democrat that should be a republican. the last two to three cabinet posts that have been up there. devos is basically a respectable woman. she has to have the vice president, break a 50-50 tie. jeff sessions got the worst vote ever in sense of the numbers of votes against him. rex tillerson is a major player in the community got highest goat against him for any secretary of state in the

country it tells me the democrats -- we'll never get the 60 votes on major legislation. let as many as just get rid of that stupid rule. lou: you are beseeching senator mccouldn't to get rid of cloture and go nuclear. >> it's their own rules. obviously, if harry reid was willing to change the rule to the their benefit four years ago, we have to change it to our benefit. lou: the president made it clear to the majority leader he wants that. i don't see any reason for hesitation. is there some political reason? >> none whatsoever. it will just make everything difficult to get through the senate because you have a bunch of democrats to vote against it deliberately because that's their strategy.

we have a bunch of games with our ball. if we can't move it forward then throw us out. lou around you are talking -- lou: you are talking about having the greatest number of confirmation votes against devos and session and tillerson. two republicans also voted against devos. it's a narrow thin edged the republicans hold. >> there is always a couple, john mccain, lindsey graham always out there against republicans. all it takes is one more and we aren't going to win this thing. let's work on our own side and move the ball forward. this court decision will be very, very important in the near future. lou: the psident talked about the tax cut he will put forward

in the next few weeks. is it your sense mcconnell and ryan are ready to move toward that phenomenal tax cut that was one of the reasons people voted for president trump? >> dave camp was the head of the budget committee. then ryan became the chairman before he was speaker. they know what they need to do. they know what will move the economy forward. first and foremost it's lowering the business tax. lou: if they can get that done and the middle class tax cut as well, because that's critical. i do believe if they are tempted to raise taxes in any form, that's a tax on the middle class. that's a tax on the consumer. i know paul ryan and the i humae

house -- ed rollins, great to have you with us. thanks so much. quite pane extraordinary day. please vote in our poll. the question is, do you believe the supreme court is capable of making an honest, fair, politically neutral judgment on president trump's executive order if president trump decides to appeal this decision directly to the court. cast your vote on twitter. like me on facebook and follow me on instagram. and please roll 9 video now. have you ever seen a snowmobile fly? this teen combined snowmobiling and paragliding for this

high-flying ride in sweden. i don't know where people couple with these ideas. but thank goodness they do because they make extraordinary videos like this. it glides along with the help of a parachute. it wasn't all smooth. that snowmobile was destroyed. but the thrill seeker was fine, or so he says. we believe him. president trump ordered a crackdown against sanctuary cities. >> i will tell you that sanctuary cities are -- they have got a lot of problems and there is tremendous crime. a lot of people agree with me. this was a campaign issue it wasn't just brought up now. lou: the state of texas moving ahead with the president's wishes trying to abolish

sanctuary cities. stay with us. we'll be right back. so much more ahead. your insurance company

won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™, you won't have to worry about replacing your car because you'll get the full value back

including depreciation. and if you have more than one liberty mutual policy, you qualify for a multi-policy discount, saving you money on your car and home coverage. call for a free quote today. liberty stands with you™. liberty mutual insurance. lou: tonight the state of texas one step closer to withholding

tax dollars from so-called ask sanctuary citizens. 1.8 million illegal immigrants live in the state of texas second only to the state of california. joining me brian babbitt of texas. first of all, the sanctuary cities. this president as you know wants it stopped. governor greg abbott wants it stopped in the state of texas. will we see it finally get done? >> i think we'll see it, lou. great to be with you in new york city, nasty weather and all. this is a very, very important step. i take my hat off to our governor greg abbott and our colleagues in the statsenate? texas. this is somethinthat need to be done. lou: houston and dallas both started talking about my home is your home. if you are illegal the

undocumented as they prefer. we are going to watch quite a collision in the state of texas which would have been unthinkable infive years ago. >> that shows you how far we have shifted to the left nationally because of 8 years of barack obama. now they shifted the goal posts of the whole debate. this is where we are. lou: 6 in 10 illegal immigrant live in 20 metropolitan cities including three of them as you see there in the great state of texas. that is the bulk of the problem right now. and the up in of counties and cities and states wanting to be sanctuaries in direct violation of federal law, it seems unconceivable that they think

they can get away with it. another texan, george w. bush that they can get away with it. >> lou, this is what the executive orders of our new president would do. they would tart making us enforce immigration law, try to bring in local governments to help the federal government enforce this immigration law. to establish the rule of law at the border as well as what we call interior enforcement, get rid of catch and release. eliminate the sanctuary cities. there are some dead american citizens tonight because we don't enforce that law. because of the sanctuary cities. kate tine lee comes to mind. what a tragedy. then we have our -- lou: we have more americans dead than that. our inner cities are rife with

illegal drugs. we are permitting the destruction of generation after generation of young americans who get hooked on these drugs. we hear lip service about the war on drugs. we hear so-called professionals scoff at the idea you can interdict drugs and stop them crossing the texas-arizona borders. california borders. that border with mexico is where the majority of meth, amphetamines, cocaine, heroin come, not to mention the trafficking. if there isn't enough motor case in this country to do the right thing and follow our president and his lead on this. i can't manage wait would take. there has got to be an explanation. either everybody is trupt on both sides of that damn border or they don't give a damn about

human life or this country. >> we have to be a nation of laws. we must start enforcing the law. what more important duty do we have as elected officials than keeping our citizens safe. lou: the cartels that run a good part of mexico. government after government in mexico i hasn't been able to contend with them. they have infiltrated the united states. we have over a million gang members in this country. ms13, the drug cartels themselves are behind nearly all the violence this country and all of the murder. drug violence is overwhelming the country. and president trump became the first president to sign an executive order to create a task force to fight the drug cartels in this country. >> i support this president 100% on what he's doing. we as republicans and as americans need to rally around this president.

we have seen a rogue 9th circuit court that overrules him, now we must go on further. it will be a further delay. i fear america will be much less safe because of this, because of these -- lou: let's hope no one gets killed in this as a result of what the 9th circuit has done in clear violation of the great interpretation of the constitution. and congratulations to you as i know you are patiently pushing your legislation through to control refugee and vetting in this country. >> plus deport criminal aliens. lou: which would be a novelty after the past 8 years. congressman, great to see you. thank you so much. melt-threw.

melt-through. up next president's chief detractor in the senate at it again. president trump blasting senator mccain saying he's embolding the enemy. peel take that up here next. dear predictable, there's no other way to say this. it's over. i've found a permanent escape from monotony. together, we are perfectly balanced, our senses awake, our hearts racing as one. i know this is sudden, but they say: if you love something... set it free. see you around, giulia ♪

lou: just moments ago president trump talking to the white house press pool about the 9th circuit court's ruling against his executive order. >> do you believe the judges -- >> we have a situation where the security of our country is at stake. and it's a very, very serious situation. so we look forward to seeing them in court. lou: president trump speaking after learning the 9th circuit court refused to stay the t.r.o. bree, it was not unexpected that the most left-wing appellate court in the country would make this ruling.

some are concerned all three judges including one george w. bush appointed judge joined the other two in opposing the request to lift the stay. your thoughts tonight? >> i guess i'm not so surprised the 9th circuit math made this decision. someone born and raised on the west coast, i'm used to liberal decisions coming from this court. i think the president made it clear he plans to take it to the supreme court it sounds like he's intend to go fight the decision on continuing with his plan and with this travel ban. i think it will be an interesting next couple weeks to see which court they decide to take it to. and if they are going to try to appeal both elements of this decision or if they will just go after the more extreme vetting part of it. lou: leftist obstructionism it's coming from the senate.

we are watching it every day. ed rollins pointing out that sessions and tillerson and devos all had the highest numbers of opposing