tomorrow night congressman doug collins,en greg abbott among our -- congressman greg abbott among our guests. thanks for joining us tonight from new york. kennedy: the president's pick for the supreme court on capitol hill for his first day of senatorial grilling. how did he do? president trump warning republicans against voting no on his healthcare plan. tall as massie here to explain why he's still oppose. who is in charge of the democratic party? anyone? a new poll has some startling suggestions. grab a lawn chair. time to soak in the sun. that cold supreme court seat is warming up after judge gorsuch was able to withstand the

questions from the democrats. patrick leahy tried to pin him down on the executive order making its way to the court. >> senator, he has no idea how i would rule in that case. senator, i'm not going to say anything here that would give anybody any idea how i would rule in any case like that that could come before the spreem supreme court or my court of the tenths circuit it would be grossly improper of a judge to do that. kennedy: republicans engaged in partisan foot rubs and hand holding. >> i'm pleads the american people are about to learn why president trump choice as his nominee for the supreme court. i look forward to hearing from judge gorsuch and i encourage my colleagues to consider the nominee on the merits and nothing else. >> i think you are a man of the

law, and i really want to congratulate the president to pick you. president trump could not have done better in choosing you. kennedy: senator dick durbin tried to make some illinois by doing this. >> will you stand up to this president or anywhere president if he fails to protect fundamental human rights. kennedy: he's been forthcoming of the role of the judiciary and cautioned against quote judge-knead dorine for t abdication of the judicial duty. judges shouldn't defer to other branches. they should maintain judicial balance. another day to go. the panel will get to the first right now on kennedy.

it's hard to question the qualifications of judge gorsuch, but will he satisfy a conservative desire to swing the court to the right, or is he a trojan horse moderate. joining me, it's my party panel of the ages. rhonreason magazine editor matt welch is here. let's take apart his performance. how did conservatives grade judge gorsuch as he had several interesting back and forths. >> i think they gave him an a plus plus plus to close the christmas story. he doesn't like hype threat kals as we heard in yesterday's testimony.

the democrats were trying to give up these made up fictional scenarios and asking him to rule. he said no, i ruled in over 2,000 cases. go read them and get a sense of how i ruled. i thought he did a great job. like you said, the questioning was leaked on the part of the dem -- was weak on the part of the democrats. kennedy: did they ask the right questions? instead of worry being their own politics and how they see the world through their political lens which is all about self-preservation and raising money, did they ask questions a jurist would have to ponder for decades? >> dick durbin asked questions about the dissertation of his advisor from 30 years ago. you have 30 minutes to talk

about all kinds of things, do you think the 14th amendment aflies this way or this way. he instead was trying to tar him as some kinds of possible racist by the transtough property of dissertation based on some craft someone he once knew wrote. kennedy: it was a line or two of homophobia in a deposition that his advisor gave decades ago. as i was watching that i thought gorsuch hand himself well. on a scale of harriet miers to judge thomas. >> he's done fine. he's going to pass, and it's clear by the democrats' questioning that they know that. so instead of trying to do anything substantively, they are trying to position themselves as the ones who nobly stood up to him and said he was against

women or the little guy. >> where were they when he was unanimous live confirmed for his circuit court position. kennedy: how do you think he did in terms of having -- being the first nominee in this new administration at a time when we'll see at least one other appointment. now do you think he did? >> i he played it straight. he came across as differential, and respectful and he came across as being truthful and honest. and he avoided stepping into anything that would have gone the him into trouble. there are a frost places where he could have -- there are a lot of places where he could have been a little bit more clear. he fell back on catch phrase it started to sound disingenuous after the third or fourth time

he said it. but he did not step in any lands mines. it was a long day for him. and i think it's the best you can do. kennedy: we still have another day to see how he holds up. two days to go until that all-important house vote on the healthcare plan. 17 conservatives said on the record that they will vote no. by our count i count counts 22 s will sink the whole ship. president trump went to capitol hill to warn hesitant republicans that their seats to be in jeopardy if they don't help pass the bill. let me welcome back thomas massie. joining me now. getting sassy with massie. welcome back, congressman. i want to read you one of your

tweets from today. you wrote, presidenat real donald trump visits this a.m. is the more charge than media would like you to believe. but i'm still no. he's worried about our elections in 2018. i'm worried about his election on 2020 if he puts his name on this and this becomes trumpcare instead of ryancare. it replaces subjects does, mandates and penalties with subsidies, mandates and penalties. the fda says lite beer has 67% of the calories of a real beer. and this bill has 67% of the subsidies of obamacare.

kennedy: what is the most troubling aspect of the legislation. there is something the speaker can do to amended that trouble to bring you on board? >> the amendments they offered don't change much. the most troubling thing this bill are the subjects does. they are called advanced refundable tax credits. gnats money ghosts of straight to the insurance companies. it's welfare. instead of a refundable tax credit, i'm waiting for the day we call food stamps refundable monthly tax credits. if they would replace that euphemism with tax deductions where people who go on the individual market deduct the cost of their plan just like the employers get to do, then i could be okay with that. that's a good compromise position for me.

kennedy: that seems like a pretty straightforward exchange. taking the cost of your healthcare and putting it against your income on the tax return. i don't think that's going happen anytime soon. i don't think moderate senate republicans would accept that. tween the unholy trinity of you, senator lamasse and senator paul, this any way this passes? >> there are four conservative senators against this and they can only afford to lose two. in the thousands, there are only 30 nos. so if this vote for today, they could only aforward to lose 21 of us on the floor. 30 conservatives are against this bill.

they bert not have the vote tonight. and there are moderate against this bill that they are not talking about that much in the news. kennedy: they are discounting that. i spoke with congressman duffy on "outnumbered" and he was trying to make the big sell that there is enough free market influence in this legislation that you and other libertarian leaning or conservative republicans in congress should get on board with that. what do you say to his claim that there is enough free market sway here. >> there is no free market on this bill. we need to legalize cheap insurance. you used to be able to buy cheap insurance. they called it junk insurance. obama did. then he replaced it by something called a bronze plan which is junk for people who can't even use the plan. i say bring back the free market solution.

there is nothing this bill that does that. kennedy: the only way to get less expensive insurance is opening up stated lines and allowing insurance company to the sell across the -- across the borders. >> the first basket is obamacare light, the second basket is tom price doing the regulatory stuff at hhs, and the third basket is the easter basket because the easter bunny is going to bring it it's not going to than unless we do it now. they are saying there are a lot of things we can't do because of the birdbath over in the senate. i think the birdbath is hogwash frankly. there are things they are doing in this bill like changing certain regulations but they say we can't change others. i say let's try. kennedy: i agree with you. deregulate.

what grade would you give judge neil gorsuch today on the hill? >> that happened over in the senate and i haven't watched it. but without having watched it, i'll give him an a plus. kennedy: well done. uninformed and still optimistic. >> thank you, kennedy. i'm not sure that was a compliment. kennedy: it was, for you, always. that was a lawmaker's take on the healthcare debate. how will the plan affect your wallet and access to healthcare. brian brenberg joins me next.

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while painting your toes. on demand laughs during long bubble baths. tv everywhere is awesome. the all-new xfinity stream app. xfinity. the future of awesome. kennedy: before the break we heard from thomas massie about the healthcare plan, i'm getting so choked up thinking about legislation. how will the gop plan affect you, your family, and your wallet? here to break it down is brian brenberg, associate professor of economics at king's college in new cy.

we have to pick some winners and losers. i know congressman massie said he and several of his counterparts were going to vote no. let's say it pass, who are the winners and losers. >> the winners are people who are healthy and wealthy. they will get more tax credits under this plan than they will get under obamacare. kennedy: that seems counter intuitive that a socialized medical plan would help the healthy and wealthy. it seemed from the few books i read, that socialized medicine is supposed to help sickly people who can't afford it. >> that's the good tension piece. but the republican plan spreads tax credits around more broadly than obamacare did. you will get more of a tax credit than you did under obamacare.

if you are an older individual with a lower income you will be 20% to 5% worse off. kennedy: that's so cruel. if you are going to help people, it should be the people who are least capable of getting help for themselves. and people who are poor and sick but who don't qualify for immediate care, it seems like that's a bad group of people to punish. >> the republicans will say we have an emergency fund we are going to grant to states to plug some of the hole here and we think we'll get more innovation in the market to create more competition and drive crown costs. but you still are giving more money to wealthy and healthy individuals. that's why congressman massie is looking at this and saying this isn't going to run long term. people aren't going to be interested in a program that cuts the benefits they have,

even if there is possibilities for long-term benefits, people aren't going to like it. kennedy: he has to go back to his constituents in kentucky. saying those of you who are older and sick, we are dialing back medicaid, so you are not going to get help there. >> in the amendments last night, we are going to extend benefits. so they understand it's a problem and they are putting more subjects does on that. they want to get a buy-in from senate republicans. but at the end of the day it's a step one and step one means healthier, wealthier individuals will get more under obamacare. kennedy: it's weird when jim jordan and nancy pelosi sounds like they are having the same argument. >> the other critique is it's not a free market plan. that's what representative

massie is saying. it moves slightly in that direction to say you can use the tax credits to buy any insurance plan. but it's not opening up the market. the phase two and three changes would do that. but nobody believes it will happen. if you can't get phase one done how will you get phase three done when you need 60 votes. kennedy: i understand amending and rolling back some of the regulations with tom price who knows healthcare inside and out. phase three which is the most critical is getle totally discarded and that's what would lower costs and improve care. >> you talked about rolling that into the reconciliation bill. why don't we try to put more of the regulatory changes into this bill now and see what happens. that's the kind of thing that

can get some of the conservative republicans on board. kennedy: that's the type of obstruction i'm resentful of. there is a way to get some of the phase three into the reconciliation phrase. always breaking it down, making everybody smartr smarter. he's so good. north korea keeps trying to pick a fight. the latest jab, a propaganda video. 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...

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kennedy: north korea threatened to attack u.s. aircraft carriers and planes, while they are continuing to enrich uranium to build nukes. there are self plans on the table, a single strike to halt a launch. a strike to disable their

weapons. and war. the host of "the dark secret place," brian suits. when does kim jong-un's trolling cross the line? he released a propaganda video showing north korea blowing up u.s. navy ships and blowing planes out of the sky. >> just a few hours ago in geneva aorth korean ofal flat out said we are accelerating our nuclear and missile program to include a first strike capability. there is a very liberal arms control expert who said let's face the facts.

they are not testing anything. they are practicing for a nuclear war. they are practicing for a first strike. kennedy: do they go for the u.s. or go forjapan. >> the least amount of warning would be to south korea. they made specific threats that you see in that slick video against united states aircraft carriers, they specifically mention our facility in oak that what and japan -- okinawa and japan. we deployed the air defense system. hopefully the line going from the guy with the button to actually shooting it is very short.the north koreans announce

are not going to give you any warnin were prepa for a strike. kennedy: he has suffered his people to death. he actively murdered his people and thrown them in concentration camps. more of them dies because of a war with us sound absolutely inhumane and unjust. >> he could not care less about your morality. he only suffered them so he can have three-stage missiles that can hit washington or south korea. he developed nuclear weapons instead of feeding this people and his people agree with him. hopefully this works and this nuke guess into the sea of japan or maybe it doesn't get off the pad.

because the better option is hitting it off the pad. this is foreign policy damage control at this point. kennedy: how capable is north korea able to respond. >> there are so many conventional artillery systems on the dmz, there is nothing like it in the world. in single day in a spasm of suicide they could wipe out seoul. nnedy: they suck. i think you are smart but i dot like the ones you presented. thank you for your time. kennedy: democrats champing at the bit, eagerly awaiting the next election so they can steer

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kennedy: you want to know how much disarray the democratic party is in? harvard university did a poll of registered voters and asked who is the leader of the democratic

party. at the top of the list, 40%. nobody. 40% said no one is in charge of one of the two major parties in this country. in second place former president obama with 1%. then bernie sanders and elizabeth warren and hillary clinton all the way at the bottom with 10%. the rest said anybody else including your mom. do democrats have a prayer in 2018 or 2020? glenn, where do you go from here? you have to look at this as nancy pelosi or i don't know, even rosie perez, and say we are in quite a pickle. and how do you have reinvent the party in a year and a half. >> if you are talking about the mid-terms you have got a lot of work to do.

when you have both houses of congress and the presidency, it's easier to swing the party back in your direction. >> you don't have any new fresh phase on the sidelines ready to get in the game. they have a bench problem. kennedy: we talked about warren-sanders. kennedy: matt, you are a registered independents. around philosophical libertarian. you are a s characteristics on of philosophical crafting when it comes to the political realm. as an independent observer, what do you say to the democrats? >> they are screwed right now. they are so screwed that they only have 16 governorships. so the pends lum is going to

swing because that's what pendulums do in a three-party system. trump is going to irritate people and have failures so people will vote for the other guy. but they are not doing so out of love or interest. ifou don'tave it at a stat or lower level, you don't have it. the last two democratic conventions, the hot speaker tends to be antonio villarigossa. kennedy: does this give the republicans a false sense of security? does this make republicans complacent to see numbers like this?

use it sams dangerous thing. i call it the dead cat bounce. they don't get there. that was an economic term. mayway, it's an economic term mass when stocks fall sometimes they have a little bounce. and the republican party this trouble and the millennials are majority non-white. when you look at 8% of black voters, a third of latino voters voted for republicans. they have to have a message that is universal and not this crappy identity politics. enemy loeven hurricanes lo saidt say identity politics the way the left does. i think the democrats will put

forward cory booker and today strip newsome. but the republicans have an opportunity to give senator tim scott, congresswoman from utah, the first frism, it's just time to give way to a new generation conservatives of all colors. kennedy: we shall see w mainstream'has actually gone. speaking of smoking weed, mainstream pot is so mainstream that it could put a dent in booze profits. according to -- and this always very reliable source. source, 20% of american beer drinkers said if weed were legal in their states, they would purchase marijuana over:beer. and the american beer industry makes $100 billion a year in

retail sales. so should bud and miller be worried about the bud being bought by a guy named miller? glenn, how mainstream is marijuana now? >> we are all beer drinkers. i think you have seen a lot of states decriminalize or make medical marijuana flel their states. i think that changes the dynamic quite a bit. the stigma and possibility of a criminal prosecution probably kept a lot of people thinking i'll go with the beer. but given the choice what this is about. we are seeing in the numbers, not just survey you cite. you are seeing in the numbers the people are take up for medicinal purposes and others. cern how worried is the alcohol industry and how much money are they putting into these

anti-legalization campaign? >> they have as much in the anti-legalization as police people do. but it's not a high priority for them right now. i just said high pry sort talking about pot. jeff sessions is an old-style drug warrior. he doesn't have enough cops to do anything. but it's interesting to see how legal weed has changed consumption patterns. you feel like you are. >> kennedy is a health nut. kennedy: i do not ingest, smoke, bathe. you go to a store and it's like going to a craft brew market. kennedy: we are going to take a quick break and we'll be back

the party panel in moments. and we'll start things off with arizona. they survived a wild weekend in the ncaa tournament. bust madness will extend beyond march because they are treating under grads like preschoolers. that is not an exaggeration. they are going to put them in time outs.

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liberty mutual insurance. kennedy: if you walked into a classroom and saw students working on arts and crafts and clawngs and par be and collages and partaking. that's a safe space at the university of arizona. the new faculty hand book is allowing teachers to establish safe spaces for sensitive kids. a student should say ouch if upset. they can create a collage of intergroup relations.

share story time or, i'm not making this up. take a time out. yeah. that's in college. who is to blame here. the coddling schools. parents who cause all of this. matt, i will start with you. these young people, they are kids. they are emotional infants if they have to say oops and ouch. >> ouch. kennedy: thesewo ground rules to help students peel comfortable being honest. these people need to abdicate running anything. because they will run society into the ground. >> we both have daughters who are young i shall, not in high school. what do you do to them when they interrupt you at the dinner table with an ouch or change the

subject. you tell them to shut up. you say you are interrupting. kennedy: sometimes your children aren't being very nice, they have to know they violated your safe space, too. in a public university people are talking. >> this is a waste of taxpayer money. thank god for peter still. they said the four-year university b.a. is a total scam. most people go to college right now to find them selves while they should be going to college to study something that will be useful and be used in the marketplace. and now they are graduating with $100,000 in debt. do i want to sit in a room and

pay $60,000 so i can say oops? kennedy: i think we need dangerous spaces in college. >> you can't have a discussion and disagree with each other and have to go to our safe space. it goes beyond college. we are seeing that lack of civility in all kind of spaces. so some millennials who are particularly sensitive, there are a lot of surveys that show that. but this is part of the problem we have as a society, discussing thing we don't necessarily agree on. kennedy: they are hastening the apocalypse because they have been called their entire lives, and all the people who participate in this behavior, they won't survive in the wild. >> the generation after millennials is called generation z. what's half z. kennedy: nax?

thank you so much. coming up, have fish begun sprouting human heads with plans to become land-dwelling mammals? that's next. here fishy, fishy. come swim to me. i like it that's the power of carfax® find the cars you want, avoid the ones you don't plus you get a free carfax® report with every listing start your used car search at carfax.com when you're close to the people you love, does psoriasis ever get in the way of a touching moment? if you have moderate to severe psoriasis, you can embrace

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search for our page, dearthere'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 ♪ kennedy: tape up the windows,

take it chairs off the porch and take granted a off the porch. there is a storm blowing in from the internet. this is the "topical storm." topic number one. if you like the small of litter boxes, well, we can't be friends. but you don't have time to ride the new york city subway so allow me to suggest an alternative. it's kitten perfume. the company in the big apple developed fragrances based on everyday scents. they created one called kitten fur. i'm still trying to unsmell the gassy portly man riding the subway next to me this morning. that's not what i said it was expletive ladies with pcp.

kitten fur can be found in stores and food carts on fifth avenue. have you ever tried to get kitten fur out of pudding? it's difficult. if you don't like it, you can wash it off like this fella. no, he's kind of cute. it's so hard to believe he's pure unadulterated evil. this an australian baby a it allows instant -- baby spa. these adorable little ones after a stressful day of napping andburg. for the low, low price of $65, your baby can indulge in

massages and hydrotherapy. it looks terrifying. are those twins? are they mine? topic number three. adele is making the roun in my favorite country next to america. australia. this week she went off on a security guard after he told fans at her concert to sit down. >> if people can't see, they have to stand up. kennedy: what adele doesn't realize he's telling these women to sit down because they are all crying. he doesn't want them to get lightheaded and faint. the the next thing you know

somebody breaks a collar bone and the venue gets sued. look at this from last night's adele show. hillary. of course, all the moms are trying it up with adele. their kid are relaxing at the baby a. there they are. just cute in that pool. this is better than how i learned to swim. really. i only have half an abdomen in my cellar. topic number four. robocop is not just the name of the biggest oscar snub in

history. the al life robocop w unveiled at the redux exhibition and they hope to have them on the streets by may. they can be used to pay traffic fines and paperwork. planning to make 25% of their police force row boict by the year 2030. there is one small glitch they are trying to work out. just one. indiscriminate shooting. somebody better get the tech supporter on the line. it's a little bloody. topic number 5. march madness is a-week-old and the university of charlotte clinched the best shot of the tournament. unfortunately for the school it

didn't take place on the court, it took place in the classroom. pond moment yum i will grand you that shots amazing. and it's the reason those people oppose student loan forgiveness. forgive me if i'm being a little harsh it's possible i'm slightly jealous because i'm a portland trailblazers fan and i haven't seen a shot going all year. i know that's the price is right but thank you for watching the show tonight. you can follow me and twitter and instagram. on kennedyfbn@foxbusiness.com. tomorrow on the show, john

stossel. judge jeanine pirro. and tom shillue. good night. >> a gold ring... >> it might have been an engagement ring. >> from the great jane austen? >> i expected it to be a fairly flimsy story. >> a story of romance, mystery, and money. >> money was critical. i mean, it was about survival. >> but from a british icon to an american idol... >> i probably could have snuck it out of the country. but i would've been, like, banned. >> inheriting a national treasure can get rather complicated. >> did england know that the ring existed? >> no. >> wow. [ door creaks ] [ wind howls ] [ thunder rumbles ] [ bird caws ]