don't tell us what's wrong with obamacare and republicans get it together. >> how about helping jobs getting rid of the medical devices tax and destroyed the jobs in three years. it's not just about cutting taxes for the wealthy. thank you, everybody. stuart varney is right now. stuart: i will take it, dagen, thank you very much indeed. we've got more violent images to the left. the granny over the cliff in time for the senate health care debate. good morning, it's monday morning and it's back.

despite intense political controversy, the trump rally holds. by the way, more good news for you. this is what i think is good news. katherine dettwyler has been dismissed, the staffer at university of delaware who said otto warmbier got what he deserved. may i editorialize? i think she got what she deserved. "varney & company" is about to begin.

♪ medicaid, alzheimer's, strokes, heart conditions, we need medicaid. no middle class family can afford a nursing home by themselves. if president trump keeps listening to paul ryan we'll you will be on the street, or something even worse. >> do you believe that. ashley: no. stuart: they draw that back? unbelievable. liz: that's wrong. stuart: i say that's stooping to another low, frankly and they've chucked that violent video into the middle of the health care debate. we feel -- we'll give you more. and your money at work. no reaction to the turmoil in d.c. ashley is with us this monday morning. welcome back. liz: he's back. ashley: it's interesting we got our durable goods number for may, it wasn't good at all. it's the lowest drop in six

months and yet the markets continue to tread water and melt slowly upward. i think the businesses are waiting for some sort of regulatory relief, and the trump factor is out of the mark, it's standing on its own two legs, if it comes along, that's icing on the cake. stuart: that's interesting, could it be, liz, the turmoil is talk and they'll pass it? >> i think there's no odds of recessi recession. the corporate profits are coming in, reform agenda would be icing on the cake. the u.s. oil boom, without it it would be recession. the obama era would have. and hundreds of now manufacturing plants coming in and petrol chemicals on the side of it. stuart: it's a great way to start a monday morning.

senator minority leader charles schumer handicapping the chances of the bill passing. roll at that tape, please. >> i think it's 50-50. the democrats are doing everything we can to fight this bill because it's devastating for the middle class. i think they have at best a 50-50 chance of passing this bill, to get three senators to vote no, you can probably-- you can say yes, you can say no, probably 50-50. stuart: surprised that senator schumer gives it such a high chance of success and tries to block it total. 50-50? come in, congressman andy biggs, i should say, republican from arizona. welcome to the program, great to have you with us. >> great to be with you. stuart: i don't know where you stand on what senator schumer had to say, but i want to say that the republican party now understands that you've got to pass something on health care reform. you absolutely must. we've got that? >> yeah, well, you know, we do have that and that's been the message from day one. from the election, and i'll tell you something else about

it, this bill kind of straddles a socialist type of medical insurance regulatory system right on top of the obamacare system. so that's really what the issue becomes. stuart: yes, but that's just about health care. the issue is surely broader than that. the issue is surely, can the republican party show that it's a party capable of governing? can the republican party show that it's not going to interrupt the president's growth agenda? that's above and separate from passing health care. >> right. exactly, i mean, a lot of people are saying this health care reform bill is a linchpin to getting the president's agenda through. i don't think it is necessarily. i hope we get something done, we promised repeal, but i think there's so many other issues that we've been engaged in regulatory reform and reduction. stuart: congressman, you can't slide away from this. if you don't pass health care reform, we are stuck with

obamacare. we are not going to be happy. >> well, stuart, you have to realize something, this bill keeps you stuck with obamacare. stuart: no, it doesn't. sir, sir, i'm sorry, it does not. all obamacare taxes, 21 of the 22 obamacare taxes are gone. the employer mandate gone. the personal, individual mandate is gone. that's a pretty good start, isn't it? >> that's a good start, but you keep all of the regulatory environment together. it's things like the community rating. you've only modified it. which means that the market is still going to be controlled by the federal government. the essential health benefits package is-- >> can't you change it later? can't you change it later? you've got to do something. man. you cannot walk away from this and leave us with obamacare and the g.o.p. looks bad. >> well, the g.o.p. is going to look bad with premiums continuing higher even after a promise that we would repeal and if premiums remain high, what's going to happen.

stuart: how do you know that the premiums are staying high, they're chucking into the insurance companies to make sure that premiums don't skyrocket and change them later on down the road. >> are you okay with that? i'm not sure that that's accurate. i know that's the goal, but i'm not sure that everybody will be happy adding to the deficits, cranking out more to insurance companies. stuart: please, don't walk away from this. you've got to do something. congressman, great having you on the show. appreciate it. >> thank you. stuart: what are you laughing at. ashley: you beat him up and then thank him. no, you didn't beat him up, but listen, his point was, what i don't like about what he said he says no we're not going to walk away, but everything he says says we're going to walk away on the other side of me i've got judge napolitano cheering on the libertarian,

more socialist prop granaagandp and this monday morning, more importantly, look at the price of gas, 2.26. ashley: wow. stuart: four states are averaging below $2 a gallon. buck 92 south carolina. buck 95 oklahoma. alabama. mississippi, a buck 99. my prediction stands, six states $it or under by this friday. now let's get to napolitano, get his head out of that there phone. >> i'm getting e-mails from members of congress. cheering on the libertarian. stuart: oh, no. [laughter] >> three items expected from the supreme court today. expected to rule on the president's travel ban, a ruling on religious freedoms expected and justice kennedy could possibly announce his retirement. the aforementioned napolitano is here.

the travel ban comes down when? >> i believe at 9:30 eastern time this morning. so, you're talking 20 minutes from now. stuart: what do you expect? >> i expect that the president will not be happy. i expect that the supreme court will decide to leave the restraints in place. this is just my gut feeling. i have argued many, many times that the travel ban, the executive order is constitutional, is consistent with authority congress has given him, but the supreme court does not like to get involved in cases mid stream. these cases, hawaii and annapolis maryland, there haven't been trials yet. stuart: i think it's national security and should get on with it. >> i agree with you. stuart: i don't think that the supreme court will see it that way and i hope i'm wrong. the issue is will the travel ban stay in place while the cases are litigated or the restraint on the travel ban stay in place? we will a find out at 9:30. stuart: this religious freedom question. give me background, please.

>> an interesting case, missouri has a law periodically it gives money to repave playgrounds to every school in the state of missouri, this year decided not to give them to certain religious schools, lutheran and catholic. they sued and said how can you discre discreme-- discriminate against us. and they say it's a religious aspect. and they say it's secular aspect. it's nothing to do with religion, this is major. stuart: et cetera -- it's the rit large. >> and the justice wrote on this, and see if there's a fifth vote. stuart: and judge kennedy's retirement, this is speculation. >> justice kennedy told justice scalia many times that he

wanted to leave when there was a republican in the white house. and when justice scalia died, he worried about who he would appoint. and he close justice scalia's favorite clerk. is justice kennedy comfortable to leave or spend a year or two working with the former clerk who is now his colleague. and why did justice scalia change a reunion of all of his clerks scheduled for october of 2018 to this past weekend? i'm dropping you all kinds of hints. i don't know what's going to happen, but he has the floor when the court comes out at 10:00, and he may say nothing or the chief justice may say, justice kennedy wants to say a few words and the whole world-- >> everybody looks to see, well, could this be the second justice appointed by president trump. >> so our d.c. colleagues have packed to that already. and plenty of hand signals to

tell me and you and the world. stuart: i'll see you shortly. check the markets, where are we going to open? we closed last week shy of 21,500. we'll be up today. here is the story. the amazon story of the day, you're going to love this. it's filed for a patent for delivery drone towers. let me explain, this is compared to a beehive for drones. they drop off packages at the lower level, drones pick them up and fly them away to deliver them. that's amazon. liz: looks like a pigeon coop. stuart: futuristic. an early uber investor says that the scandals and shake-up of the company is not a big deal. he's got money in the company. this guest of ours says, fellow uber investors are confident that companies can recover. you'll hear from him directly after this. [vo] when it comes to investing,

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>> not much action in gold recently, but we're down today $12 lower. 1,244 an ounce. look at the stock of pandora, please. it's going up this morning, about 3 1/2%. it's a streaming music service, reports that its ceo and co-founder is going to step down. that's enough to put the stock up 3%. $8 on that one. uber, as you know, dealing with a lot of negative headlines, lawsuits, and the resignation of ceo travis kalanick. joining us now is an uber investor, a partner at lead edge capital, and you're sitting on a ton of money, are you not? >> we're doing all right. almost a billion dollars in capital under management. stuart: i'm talking uber. >> we do have a large piece of uber. stuart: and you've made a lot of money on it. >> we've done well. stuart: and you're on my program saying they'll recover from lawsuits and kalanick,

you're covering your investors. >> got to do what you've got to do. i'll answer any questions. stuart: why do you think they can recover? they're in trouble. >> sure, when i think about what the company has done over the last three months, there's been some bad reports that have come out on them. they've moved swiftly and hired eric holder to investigations. they've taken suggestions around diversity within the company. inclusion, equal treatment of employees. and they're trying to start administering those into the company and i think that's a great thing. are' seeing it day-to-day as we speak. >> have they changed the corporate culture? i always thought it was a rough and tumble start. can you really change that quickly? >> i think having a hard-charging culture is a good thing in many ways. but you have to have inclusion, you have to have diversity, hire the right people and you know, to me, i feel like they've started doing that so you see their new chief brand

officer that they hired, looks wonderful. they've hired a new person to head off the initiatives. so, to me, it feels like they're doing a lot of the right things and moving the right direction. >> would you like to see a silicon valley top performer move into the ceo slot at oob uber? >> sure, to me, you need somebody to move in the top slot that's been very, very good at building a fast-growing company, but also understands the new ideals of the company as set forth as part of the report. when i think about the ideal candidate, sheryl sandberg. i think jeff weiner from linkedin, and able steer a large ship. stuart: you think they've hit bottom. kalanick is out, that's the bottom for uber and up from here? >> companies have to weather storms, but they have a

wonderful product, a great user base and they need to get things ready internally. stuart: what i want to know is when is the ipo? >> i think that that's taken sometime-- will take some time even if travis was still leading the company. it's billions on the balance sheet, your guess is as good as mine. stuart: if people like me wants a piece. >> do you use the service. stuart: i'm thinking of getting rid of my car because i've got uber. >> like millions of americans, that's part of it for us. stuart: i'm on your side, lad. [laughter] >> are you going to come back. >> thanks for having me. stuart: good stuff. thank you. quick check of futures. we're going to be up 60-odd points at the opening bell which is 11 minutes away. we'll be back.

today, we're out here with some big news about type 2 diabetes. you have type 2 diabetes, right? yes. so let me ask you this... how does diabetes affect your heart?

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. >> show you the price of oil, up $43 a barrel. now, this, the g.o.p. health reform plan includes tax cuts. surely they could jump the economy if we pass tax health care reform. come on in, a man who knows all about jump starting the economy with tax cuts, his name is art laffer, the former reagan economist. for the investor, art, the tax cuts included in this health care repeal bill, that's the

big deal is tax cuts that's the big deal? >> it is tax cuts that's a big deal. warren buffett says he's going to save $680,000 on just 3.8% add-on. that means his income is $17 million and you know, but the point of it is, these tax cuts will spur the economy. we're going to get rid of the mandate, which is a enormous tax on people who want to do their on insurance. get rid of the medical device tax and all sorts of taxes they're going to get rid of and that's going to spur the economy and i'm very excited and i think it's great. your previous guest. stuart: yeah. >> excuse me, your previous guest who says he's not going to vote for it because it doesn't have the other things that they want. you should never let the best be the enemy of the good. this bill is better than obamacare period. stuart: you go back to the 1980's. and when president reagan was struggling to get the second tax reform bill before congress, it took enormous

amounts of time, arm twisting. >> yes. stuart: sausage making. do you believe that at the end of the day this time around, we'll have the same result? >> yes. stuart: sausage making looks ugly, but we'll get a deal. >> i'm not sure it's ugly, i think it's entertaining. three tax bills, '81 act. '82 tax, with bob dole and took the silly taxes out and left rate reductions in and the next act was closest to nirvana, a spectacular tax bill and led to enormous prosperity and we got almost over democratic vote in the senate. only three in the senate who voted against it after we taught them good economics. stuart: it's a different democrat party this time around and a different issue, let's see how things work out. art, stay there, please, we need your coverage of the market in four minutes' time and by the way, we'll open on the upside. if you look at futures we're

set for a gain of 60, maybe 70 points. right from the get-go four and a half minutes from now. we'll be right back. online u.s. equity trades... ♪ ...you realize the smartest investing idea, isn't just what you invest in, but who you invest with. ♪ [ light music playing ] you've wished upon it all year, and now it's finally here. the mercedes-benz summer event is back, with incredible offers on the mercedes-benz you've always longed for. but hurry, these shooting stars fly by fast. lease the c300 for $399 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing.

hit could be the next big thing i should totally get that domain name... get your great idea online too... get your domain today, and get... ...a free trial of gocentral from godaddy >> 30 seconds until the opening bell this monday morningment where are we going to open?

i'll tell you right now. probably on the upside. what level will we open? pretty close to 21,500 and that means we will have been just a few points away from an all-time record high. despite what's going on in washington. despite the health care debate, it's all over the place. look at this. 9:30 monday morning and we have opened up. 39 points, 42 points, 47 points, 49 points and 50 points, i like this. i could get used to this on a monday morning. lots of green on the left-hand side. 52, 56 points higher. it's a horse race, fans, and we're up. that's the broad headline from the first 25 seconds of business. how about the s&p 500, is this a broader-based rally? yes, ladies and yes, it is. we're up a quarter percentage point up there. and the nasdaq up nearly a half percentage points. stocks across the board are up and especially the technology companies are doing very nicely, thank you. not much change in the price of

oil and no impact on the stock market thus far today. who is with us? liz macdonald, of course. ashley webster makes a welcome return. art laffer and keith fitz-gerald. here we are on a monday morning, the market has gone up despite what's going on in d.c. explain it, keith. what's going on? >> traders have grudgingly figured out they better get on board, stuart, like it or not, the data underlying this is pretty darn good and that means they have to do what they do best. stuart: hold on a second, durable goods orders, we don't usually get into the technical stuff, durable goods, down 1%, that's big ticket items, i don't call that good economic news. >> no, but on the company side two important readings. government readings are more cooked than a christmas goose, we've talk about that many

times. look at particularly big technology companies, increasing, even if the government has not caught up. traders know they've got to get on board or left behind. stuart: on the left-hand side of the screen, facebook has now reached 156 per share. apple at the top 147. let me go back to facebook, we've got news on that company. they're going to have original programming. they're going to produce it for television. i want more on this, ash. ashley: they're prepared to pay up to $3 million per episode which apparently is the going rate. stuart: that's huge. ashley: 3 million. they're exploring short form unscripted videos in the spotlight segment and do an ad sharing scheme with the creators of those short form videos. bottom line is content is king these days. netflix is going to be spending $6 billion this year.

liz: you know with netflix, netflix has a lot of off balance sheet debt. their total debt is veering toward $15 billion cash flow. and hollywood is going to share information about the 2 billion users. if you catch more millennial eyeballs for the hollywood scripts and that's the interplay here. stuart: keith, i heard some comments from you. >> liz is so spot on. that's amazing insight. they're going to share the information. and unless they line up, they've got an endless machine, get money and put it in content. there's no end game. everybody else has content and an end game. stuart: facebook is up a buck 28. 156 on facebook. i want to take a look at the price of oil. not because it's 43 a barrel, but because it's way down the last couple of weeks and that means we've got very cheap gas

coming on stream. how big of a plus for the economy is gas that's $2.20 national average? art laffer. >> i think it's very helpful. this is amazing. the drop in the price of oil is extraordinarily stimulative factor in this economy and remember, the neat thing about oil versus the stock market, stuart, which we've talked about a lot of times in the past, is the price of oil reflects the current economy and the stock market reflects what the economy will be. and the two are slightly different metrics and i think the two are just showing us, we're in for a nice boom ahead of us. stuart: am i right when i say that six states will be below $2 a gallon by the end of this week? art laffer, am i on track? >> i think you're right on track. i'm surprised that oil is as high as it is. stuart: got it. american frackers fracking away. >> i beg your pardon? [laughter] >> i'm sorry, art, it's a family show. >> goodness gracious. stuart: frack still the cows

come home. check the price of oil-- not the price of oil, certainly not. look at this, 65 points higher for the dow industrials, 21, 462. not much off on gold, 11 bucks right now. i've got to bring this story to you again, pound this all day. amazon, story of the day, they filed for a patent for a drone delivery tower. that's a drawing of it, compared to like a beehive foredrones. trucks drop off packages at the lower level, drones fly off the top and deliver them. liz: there's the future, we're looking at it. stuart: every day there's an amazon story and seems to go up. pandora's ceo, and the founder plans to step down. so, that's the gentleman right there. what's pandora's stock this morning, i'm not sure. they've got a lot of competition, don't they? >> yeah, they do, spotify,

apple music, you name it. stuart: well, the new ceo, i don't know who it's going to be, but that guy is out, and a near 4% gain on the stock. ashley: like it apparently. stuart: i'm not quite sure of these things. over the weekend i was driving a lot and listening to xm satellite radio which has an all new beatles channel. did you hear that. ashley: yes. liz: was that in your van? >> i put it in my automatic thing. they're not all beatles, they put in some other garbage in there, but i love it when they play the beatles. [laughter] >> all right, more on this later. ashley: yes. stuart: how about this for you? spacex has successfully completed two rocket launches over the weekend. keith, these launches are a victory for ceo elon musk, i think. nothing to do with tesla's stock, but the man himself is looking pretty good now, isn't he? >> i think so. he continues to prove he's one

of the most innovative ceo's on the planet. one of the things i like about him, he's not afraid to think out of the box and do what he says he could do. and detroit didn't think he could do it. and there's nothing he couldn't put his mind to. stuart: i wish he'd run his company on profit and loss as opposed to green tax subsidies. liz: let me tell you something, profit, the final frontier for tesla. stuart: another good line. liz: space, i was thinking-- >> were you working on that line all weekend. liz: i know you think i do, but i don't, moving on. stuart: yeah, moving on. [laughter] >> i find this interesting story. a hedge fund manager, daniel lowe is his name. 3.5 billion dollar stake in nestle. now, nestle is a european company, and dan lobe is an american activist investor.

ashley: they're not going to like that. stuart: i don't think they are. liz: he's tell nestle to dump the stake in l'oreal, another european-- >> art laffer, american activist investors are not usually successful in america. >> dan lobe, if you know him personally, he's an amazing person. i would never bet against him come hell or high water to be honest with you. nestle is an old company that really does need shake-up. stuart: keith, i think that nestle agrees with some of his idea how to get the company going again, is that right? >> to art's point he is an incredible brilliant investor. one cautionary note for me, not as an investor, you can't do what an activist is doing, because the pre supposition is it's good for the company. it's good for the activist. if your interests line up with dan lobe's, but otherwise-- >> it's a $3 billion stake, which is a small stake

actually. and then we have sea world, they've received subpoenas from the justice department and sec regarding its response to the blackfish documentary. i saw this-- >> here is what happened, early in 2014, the former ceo tells wall street, no notable impact from the blackstone-- excuse me, the blackfish controversy which says you're mistreating your whales in captivity. come august, took a nosedive due to bad earnings, poor park attendance. now the doj and sec are investigating, doj hit it with subpoenas by allegedly fraudulent statements from the former ceo. stuart: gone after it, got it. the dow industrials are up nearly 80 points in the early going and thank you very much to art laffer and keith fitz. great, guys, appreciate you being with us on a monday morning, quite a day. >> quick. stuart: that was quick. that's the sign of a big

broadcast. we're obviously entertainment, but when it flies by like that we're doing all right. >> thank you, stuart. stuart: eight republican senators say they're not ready to vote yes on the health care reform bill just yet. what happens if this bill does not pass? governor mike huckabee on that next. a staffer at university of delaware who said otto warmbier got what he deserved out of a job. good! we'll have details after this. just like the people

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who knew? . pacifica had reports they're not going to stop production this have one because of some technical glitches. i'm sure you'll find alternatives within the chrysler family, but there are many, many hybrid choices, but not only will this affect chrysler in some way, shape or form, this may also affect google because of waymo. we talked about google and autonomous vehicles and that's what google is working on. they're working on the pacifica minivan as the auto testing for self-driving vehicles so they're going to have to change it around. there's lots of hybrid choices, the highlander, the lexus, the toyota, but chrysler has been a great one and a great one for the shareholders, up 71% in one year. who is going to take that? i think everybody. stuart: yeah, that's right. i'm thinking of buying a cadillac actually. that's another story and we won't get into this. nicole, thank you very much indeed. then we have takata, the

company that made the faulty air bags linked to 11 deaths. liz: 16 dead and 180 injuries. stuart: oh, dear. liz: i beg your pardon, sorry about that. stuart: well, my question to you is, liz, you got this story for us, what about those people who are driving in cars now in america which have a takata air bag in them. what happens to them. liz: what happens to them is the key. there are about 18 or 19 car makers who may have to help foot the bill for the replacement of these air bags. now, takata has been sold to another company called key safety systems for about a billion dollars. 850 million of the sale is supposed to go to replacement and possibly help fund-- there's a fund for victims severely injured. stuart: if you've got an air bag made by takata in your car, you've got to wait a while, who knows how long. liz: you can expect to wait. >> who knows if you have one in your car.

stuart: how do you know? >> under the hood. good luck. stuart: that's not good. ashley: no. stuart: eight republican senators say they are not sold on the health reform bill in its current form. arkansas governor mike huckabee joins us now, former governor i should say, former governor huckabee, welcome to the program. >> thank you very much, stuart. good to be with you. stuart: governor, i don't see how the republican party can walk away from this without getting something done very, very soon. you just can't walk away, can you? >> well, you can't walk away, but something that is worse than not getting is done quickly is getting it done wrong. and i think that they could be on the pathway to making some major blunders because what we basically have, if this were a fairy tale, it would be gold locks and the three bills, obamacare, the house version and the senate version and at this point none of them are just right. they all are either too hot, too cold and in part because i think both sides are looking at this, trying to make it an ideological bill rather than a

practical pragmatic bill. this eight to be a vertical issue. better or worse, not horizon, left or right and that's the mistake. stuart: but it's about politics. that's what's going on here. and then. >> very much. stuart: you've simply got to have something done, because two reasons, number one, obamacare is collapsing. what are you going to do walk away from this as it collapses? what happens to people then? and number two, the republican party has to show that it can govern. that's what we put them in power for, you've got to do it. >> couldn't agree more, stuart. here is the question, what is the end-game here, if the end game is to save money the republicans might be on the right track, but that's not the end-game that donald trump campaigned on and not the end game that americans care host about. they want access to affordable, realistic health care. i think that republicans are going to have to suck it up and say this isn't going to get a lot cheaper, it can't, it

won't. you have an aging population, 10,000 seniors a day going into retirement. you have people living longer than they were ever expect today live. 80% of the health care costs are all about chronic disease. you have medicaid budgets that are run away because you don't allow the states to put cost controls on them, like co-pays, deductible and premiums which would help control utilization. so we're trying to somehow fix something without the tools to if he cans fix it. this could be done. i'm not saying the elements make it where it's workable. stuart: if it's not done this week or soon even by august. if it's not done, i don't think you get tax reform done, do you? >> you may not. i think tax reform should have been done first. stuart: it's not going to get done. >> should have done it the first last week of january. stuart: we have a republican

part, that can't do what it said it's going to do and now we find we might not get tax cuts either. this is an impossible situation. >> well, what they're still failing to do is remove this from the horizontal left-right argument, which is the reason you've got some moderate senators who won't support it, it's not liberal enough. you've got conservatives who won't support it it's not conservative enough and you need to take it out of the whole left-right issue and make it an up-down issue. there are some fundamental things that would really improve the health care access for people, it would get rid of obamacare, but i'm not seeing it in this bill. there are some good elements and i applaud that, but i want to go to the point. you've got to define what your end-game is. this bill doesn't do this. we're going 0 cut the costs and take away the tax burdens and tweak some things and obamacare-- >> i know we're laughing, but

this is serious stuff. look, if you take away the mandate on the individual and the mandate on the employer, that's not tweaking. if you take away 21 of 22 obamacare taxes, that's not tweaking. in the tweaking at all. you've destroyed the essence of obamacare. go for it. >> that's fine, but how many people out there in the states who now have been enrolled in medicaid related programs are not going to be able to access them? stuart, look, you and i don't philosophically disagree with this, but where i think we're having a challenge is that unless you give some cost controls on the medicaid program, it will bankrupt every state and the feds basically in the senate bill are washing their hands of medicaid and saying good luck we'll give you a sliding scale of money and we're not giving you the flexibility. i guarantee every governor

would take less money if they were giving money to meet the individual needs. that's not cosmetic. that's a real fix. stuart: let's agree to differ like this. there's going to be an enormous amount of horse trading and sausage making this week, but at the end of the week i say it's better to do something rather than do nothing. and i think we're in disagreement about my last point. last ten seconds to you, governor. >> well, i think that we do disagree because the only thing worse than not doing anything is doing something that makes it worse, that actually creates for the republicans not just a health care problem, which i think it could, but creates for them a political problem where even their own base begins to reject them. they don't need to be in a hurry, they need to be making sure that they're diligent to do it right not just quickly. stuart: so long as we end on a smile. [laughter]. we'll be all right. >> we do. still my friend. stuart: oh, yes, sir, got it.

thanks very much, sir, appreciate it. thank you. all right, let's see, where are we, look at this, markets now up 91 points on the dow. i see 26 of the dow 30 stocks in the green, on the upside. it's a monday morning rally and we will take it. how about this one, too, the highest paid quarterback in the nfl, derrick carr, his wife will still use coupons. the script doesn't tell me which kind. ashley: for food and what have you. stuart: the full story after this. ♪ art. it can be sculpted, bringing to life beautiful detail. or painted in luxurious strokes. and in rare cases... both. ♪

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>> the quarterback for the oakland raiders, derrick carr, highest paid by in football, but he says his wife is still looking for ways to save money. roll that tape. >> she still gets coupons, ever since i've known her she finds coupons and gets on-line trying to find discounts and all of those things. none of that is going to change. stuart: i want to know exactly what kind of coupons we're talking about. >> go on-line and get discount coupons for the supermarket and everything. the supermarket you can get all of them for 50 cents off. it's ironic, how much does mr. carr make, his wife doesn't need coupons. signed a contract with the raiders last week, $125 million over five years that's in

oakland. if the team moves to vegas in 2020 as it's set to do then there's no state income tax so she really doesn't have to cut coupons, but this is good because the nfl gives what they call a personal finance camps how often have we heard rich athletes blowing it and ending in bankruptcy. this is the extreme, a couple who are money conscious and mr. carr's wife is continuing to coupon. liz: shopping is a sport. stuart: it's a virtue. thank you, lizzie, welcome back. i have a message for american frackers, thank you for energy independence. thank you for very cheap gasoline. let's get out there and drive, shall we? i'll editorialize on that at the top of the hour. introducing new parodontax.

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at crowne plaza we know business travel isn't just business. there's this. 'a bit of this. why not? your hotel should make it easy to do all the things you do. which is what we do. crowne plaza. we're all business, mostly. stuart: time to say thank you for american frackers.

they use new technology to make america energy powerhouse again. been a long time since energy producers got a good word. but a big thank you is very appropriate. even though july 4th just around the corner, gas prices are falling. gas goes up as driving season goes full tilt. it looks like we're heading to two dollar gas in many parts of country. we're there already in the four states. point number two, please, this new technology, as a gigantic supply of natural gas, we started to explore the stuff. that improves our trade and our energy, that is low price you're seeing on the screen. point number three, natural gases is fossil fuel, produces much less carbon than oil or coal .

the results are clear, energy independence and very cheap gas. my prediction stands i. i about the end of this week price of gas will be two dollars or below in at least half dozen states. below two bucks in four states already. what is this, fill-up getting cheaper as we fire up the barbecue. we're not used to this kind of thing. but we do like it. thank you, my freighterring brothers. you're all right. second hour of "varney & company" is about to begin. ♪ stuart: 100-point rally right

from the get go on a monday morning, half hour in, we're at 21,489. look at facebook, nice gain there. it is getting into streaming and original programing, three million dollars per episode for tv shows. that is what we hear. it another all-time high. that is facebook this monday morning. you already this? the infamous ad showing a granny being pushed off of a cliff? it is back. this is the new one. this is the new version. you're looking at it now. this time it is targeting president trump. fox news contributor tammy bruce joins us now. as you look. that was violent imagery. a old lady pushed off the thing like that. what is the left up to now? >> very same group. this is not a wide-ranging imagery that the left accept or liberalsent accept because this is so horrible. this started in 2011. the same group started it again paul ryan at that point. what they clearly want to do,

they think it worked, is frighten americans who are older when it comes to what the republicans are doing. in the past they could argue it worked. this is are with the republicans and trump administration step up counteracting effectively this lie. they're arguing there is of course cuts to medicaid in this new budget dynamic. stuart: that is what they say. >> there is slowing of growth. there is no cuts to it at all. we don't know what the final bill will be but certainly easier than what is suggested in the senate right now. this is manipulation of older americans. of their families. what americans have been rejecting from the left. yet same kind of tripe, agenda project. stuart: who is behind it? >> a woman named erica payne. interesting most of her projects if not all attached to george soros, and tom stier. one project involved elizabeth warren. it attacked people against the ground zero mosque.

this is interesting web this woman has. it is unfortunate what she is up to. that lady, jessica payne -- >> erica payne. stuart: the only person i lost my temper with on live television. and i did. ashley: roll the tape. liz: medicaid will go to 524 billion a year, 150 more billion a year. ashley: not a cut. >> opposite what is happening. slowing the rate of growth. stay here, tammy, have more for you in a second. stuart: john kasich, his website and several other government pages have been being had. what is the story? liz: this is the message, you will be held accountable, trump, every drop of blood flowing in islamic countries. i love the islamic state. other ohio government websites were hacked including medicaid and corrections department. here is the thing. we don't know if it is isis. it is anti-israel pro-islam group. thought to be responsible for

hacks into long island, into wisconsin and to scotland. stuart: got into john kasich's website. got it. thank you very much. tammy still with us. i got another one. today is the supreme court's last public session of the summer. there is talk we might hear some kind of announcement from justice kennedy, maybe about retirement. we don't know yet. this is the speculation. let's suggest that he does step down. that that would present president trump to make a wonderful opportunity for a huge impact. >> would cement his legacy. regardless what happens four to eight years, election of donald trump his ability to make these decisions is of course key. he sent out lists when he was first running. first 11 people he choose for the court. expanded it to 21 to reassure his base and american people what his agenda would be. it is arguable the day he announced judge gorsuch as his

pick is one of the best days of his term. americans love that. they love gorsuch. this is another opportunity. justice kennedy, if in fact someone chosen he liked he would be more inclined to retire earlier. it is favorite clerk, judge gorsuch. that is key. second oldest on the bench. ruth bader ginsburg is older. this is could be a good opportunity. indications with the party changed recently for his clerks, that might in fact happen. ashley: if you think gorsuch nomination was bruising, that would be absolutely nothing to the replacement for justice kennedy who is seen as the swing vote often. doesn't always vote with conservatives, the swing vote. that nomination process could be a full-on war. stuart: as you said, that could cement president trump's legacy. >> another reason he might leave, he was swing vote he wanted to be chief justice. when that didn't happen that is

indication why he might want to leave early. stuart: market crept up a little bit. we're up 100 points. we were up 102. very close to 21,500. we have a market rally in the first 3minutes of business it monday morning. we're up 100 points even. big story at the top of the hour, gas prices dropping, i think they're down 23, 24 days in a row. i think that is the case. cheapest gas in america found in four states, below two bucks. south carolina a buck 92. we have $1.99 in mississippi. oklahoma at a buck 95. we're below two bucks in four states. you i think we're going further than tha. ashley: two more by end of the week. stuart: two more by the end of the week. here is guy, get me off many can a, i'm going to say, here is a guy who knows what he is talking about when it comes to the price

of oil. that man right there, stephen schork, the man with the schork report. you focus on oil, i got that. focus on gasoline, that is what our audience is primarily interested in. i see a slide close to two dollars a gallon, say average. what say you? >> we're on that way, stuart. we had a nine, $10 plunge at price of you crude oil. historic relationship between crude oil prices and lag. two cents for everyone dollar move in prices. a nine, $10 move will translate to 18, 20 cents changes in price of retail gasoline. retail gasoline when this started about 2.2cents, $2.30. that will bring us where we saw gasoline. $2.10 national average. if crude oil moves lower as expected, certainly we, good chance we will test the $2

barrier. stuart: i hear reports we're driving less despite cheap gas. is that accurate? >> there seems to be all sorts of consternation with regard to gasoline demand. you heard the lack of growth in demand somehow related to potential recession, so forth. funny two years ago, different administration industrial oil prices tanked. no one wanted to talk about recession then. since industrial metal prices held steady. crude oil prices have fallen, again related to demand but we also have to keep in mind elasticity of demand has changed just the past few years. i'm out in california for the time-being right now. you see a lost teslas, chevy volts, a lot of hybrids on the row. that impacts demand for gasoline. demand is there, just not commensurate what we see in the past, because now this market has substitutes.

stuart: i paid $1.99 for a gallon of regular in new jersey friday afternoon. i think that is pretty good actually. that was the only state on gasoline alley doing a buck 99 but they were there. i'm pretty sure i went back this afternoon there will be a others at a buck 99 in the state of new jersey. stephen, what were you going to say? go ahead. >> it is an amazing thing that prices trending lower, crude oil production is trending high every and right now the veil on opec, the curtain has been pulled. everyone realize opec doesn't have any power in the time being. i wouldn't want to be long oil at this point. stuart: thank you, american frackers. don't you love it? you're all right. thank you again, sir. appreciate it. now this, elon musk's spacex successfully completed two separate rocket launch this is weekend. they launched a communication satellite from florida. on friday at a california air

force base yesterday, spacex surpassed the record for the most launches in a single year. not bad, elon. coming up indian prime minister modi heading into the white house later today. in the process of buying drones from america. could a larger, much bigger arms deal may be in the works? just may be. we'll have the story. jon tapper, host of barr rescue, we'll get his take how the minimum wage hike could hurt the bar industry. you're watching the second hour of "varney & company." ♪ earning your cash back shouldn't be this complicated. yet some cards limit where you earn bonus cash back to a few places. and then, change those places every few months.

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stuart: yes, confirmed. it is a rally, 100 points for the dow industrials, pretty

close to 21 five. liz: go team. stuart: what did you say? liz: go team. stuart: you're on board with this rally. pandora is up nearly 3%. cofounder tim westergan plans to step down. after two failed attacks last week, officials say islamic terror in a new phase. new headline from the "wall street journal." here it is. bungled attacks, on part of jihadists, bungled attacks, small operations signal a new phase in terror. this new phase, says the paper, lacks organization, lacks sophistication, but risks increase in a number of attacks. fox news military analyst jack keane is with us this morning. general, they're saying look, they're not very successful. this is a new form of attack. it is not always successful. does that mean we're winning?

>> not always right. i'm not prepared to say we're in a new phase. you have a couple bungled operations. but in the case of brussels, the policeman spotted this individual, thought he was suspicious which motivated the individual to take action and begin to did the nate the bomb that he could not really explode. listen i think, certainly the police activity has increased. that is a good sign. everyone's alertness in europe people on to intelligence services. they're trying to penetrate these networks. that is all good. these two individuals are not tied to a network. they don't have anybody to assist them what they're doing. both of them bungled the explosive part of the operation. the one in france on a champs-elysees. propane gas was supposed to explode it did not but the other bomber we already talked about. i'm not prepared to say this is a new phase in terrorism. we have a couple of bungled operations period. stuart: i want to talk to you about india's prime minister

modi expected to visit the white house. we're told they may discuss, may announce a very, very big arms purchase by the indians. what do they want? do they want like a missile shield? >> what this is about is drones. we're likely going to sell them, the president will announce, a deal to sell them a version of maritime predator, which is our primary drone we use in iraq and afghanistan for number of years. very good, excellent, reliable. it will increase value to what the indians are doing. the indians will get about 22 of these, worth two billion dollars. what will they use them for? pakistanis are wonder will they use them to surveil our operations and increase the tension between india and pakistan? the stated purpose the indians are telling the administration, this is about china. china has a base not too far from the indian ocean in

djibouti. this is maritime surveillance drones. that is what the purpose is. they want to use it for their own defensive security as china begins to rise in the area and begins to have influence in the indian ocean and countries that border it. stuart: who would have thought, $2 billion worth of drones. that's a big deal. general keane, thanks for joining us. >> good talking to you, stuart. stuart: we're getting news coming in from the supreme court. i think we got it clear what is going on here. they have issued a ruling on religious freedom case. blake burman, spell out what they're doing. reporter: stuart this is a win for folks seeking religious freedom. this was a church in the state of missouri had been asking for public money there in missouri for a private playground at that church. the supreme court justice ruling overwhelmingly here 7-2 that the church in missouri can indeed accept public money. here is one of the key passages. read it briefly. the department's policy violated the rights of trinity lutheran

under the free he exercise clause of the first amendment by denying church otherwise available public benefit on account of its religious status. they're saying because of their religious status you should be able to get the state money. win for religious rights. we're awaiting whatever news may or may not come down on president trump's travel ban, executive order. all the speculation you've been talking about as it relates to justice kennedy. stuart: you just perform ad very valuable service. it is very difficult to sort you through the jargon that is involved in supreme court decision and tell our viewers exactly what it means. you just did that we really appreciate it, mr. burman. you're all right, lad. well-done. reporter: thank you. stuart: here is what is coming up for you. bernie sanders' wife lawyering up, part of a justice department loan into a loan she received while president of burlington college. we're on that story. farmer bro? who calls them farmer bro?

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stuart: more breaking news for you from the supreme court. it has to do with california's pension system. come on mr. clarity, blake burman. what's it all about? reporter: try to go two for two here, stuart. california public employees

retirement system, a major pension system in california that had sued after the collapse of lehman brothers in 2008. the justices ruling in a 5-4 decision that the suit essentially should be thrown out. what this all boils down the timing of when the lawsuit was filed. because the justices say they missed deadline the whole thing should be thrown out. so the california public employees retirement system, a loss for them, as that suit has been thrown out, stuart. stuart: i understand. that is very good. you are two for two. thanks for the clarity. i hope we get more in the next hour 1/2. reporter: i will keep it here. stuart: well-done, blake. thank you very much indeed. jane sanders, wife of bernie, has hired attorneys to represent her in a justice department probe of a loan she received at president of burlington college. she secured in 2010 a

$6.7 million loan from peoples united bank where they purchased a 33-acre lake front campus for the school. give me clarity. >> i will try. in addition to that loan, the catholic church which owned the property gave them a second mortgage of the land, based on her claim that in that year they would raise $2.6 million from donors. from 2010 to 2014 they only raised 670,000. as a result, the college went into bankruptcy. in their press release last year, they noted this deal was a factor in that bankruptcy, and closing of that school. she is being investigated for bank fraud for making claims, allegedly that were untruthful about the money that was coming in. but also bernie sanders has hired an attorney because he is under investigation for allegedly pressuring the bank to make the loan. so now what you have here is donald trump is not under investigation by the feds and the sanders are under investigation by the feds.

they both have lawyers. they have different lawyers. they are both apparently under investigation. liz: the other thing with bernie sanders, he is always screaming people need to more about ethics and transparent. this is about ethical in politics. he rarely files financial disclosures forms as ethics commit tee. he repeat heedly ignores it. but hasn't point the up tax returns. why? maybe because of behavior like this allegedly he defrauding bank. has three houses. stuart: but not revealed his tax return. liz: rarely if ever discloses his tax return. screams at everybody else should do it. >> during the presidential race filed extensions to do the disclosure. after we drew, we're out now. he never had to file financial disclosure. ashley: irony. stuart: one rule for this guy. one for everybody else.

president trump tweeting, democrats are nothing but obstructionists. although do is delay and complain. they own obamacare as they release an ad of granny falling off the cliff. we're talking about the left's dangerous rhetoric. we're talking about it next. illinois republican governor and democratic leaders still at an impasse in that state. no state money for schools. or work on roads. it will come to a halt. we have news on what those state options are. narrow indeed. [vo] when it comes to investing, looking from a fresh perspective can make all the difference. it can provide what we call an unlock: a realization that often reveals a better path forward. at wells fargo, it's our expertise in finding this kind of insight that has lead us to become one of the largest

investment and wealth management firms in the country. discover how we can help find your unlock. with some big news about type 2 diabetes. you have type 2 diabetes, right? yes. so let me ask you this... how does diabetes affect your heart? it doesn't, does it? actually, it does. type 2 diabetes can make you twice as likely to die stuart: supreme court on president trump's travel restrictions. what do we have on this, blake? go three for three. reporter: stuart, what we're reading at wire services independently confirmed i believe we do from the supreme court's website, the court, the high court will hear the travel ban case in the october. that would be a full court, nine justices. justice gorsuch of course weighing in on that.

so, we were expecting a decision today whether or not the court might just outright rule on this temporary 90-day that the trump administration asked for in regards to those six countries, however what we believe from the supreme court, what they are saying instead they want to view the entirety of everything in october. so tie up your shoes and sit tight until then. we are going to read through here this full opinion, but boat line, we believe, stuart, is october, full hearing before the supreme court. stuart: so we know there will be a delay until october for the, actually hear the arguments. what else? ashley: says here that the supreme court lifting most the injunction to block president trump's travel ban. so the question is, does it now go in effect? that is huge. stuart: that is a news. news they're lifting most of the restrictions on the travel ban. travel ban -- ashley: it goes into effect.

>> what trump wanted an emergency listing f they did that, they have alluded thats. >> liz: ahead of the full decision. >> ahead of the full decision. that is significant because they could easily let that stay in place with the injunction until they heard it but they didn't. appears though trump has a win in this regards. ashley: according to reuters. stuart: i call this a win. >> that is excellent. stuart: as of now, it's a win. what did he say, keith? is we us. matt schlapp. come in please. we want clarity on this, as we understand it, most or many of the restrictions imposed on the travel been have been lifted. there will be a full hearing in october. have we got that right? i'm reading that as a win for president trump. do you say? >> i usually agree with tammy bruce on everything. i agree with her analysis. if that is in fact true, that is a huge win. i think it is grateful compliment of the supreme court

will go through these issues. constitutionally this seems very clear the president has this authority. stuart: yeah. so we got to wait until october before there is a full hearing before the supreme court on the whole issue is looked at. meanwhile, some of the restrictions on the travel ban are lifted? does that mean, i'm not trying to put you in a corner on this because i know you're not necessarily a supreme court lawyer, but does that mean that we will be able to put a ban on some people coming to america? >> yes. well, stuart, is that aimed at me? stuart: yes, sir. you're on the spot, matt, i'm sorry. >> i'm not a lawyer. most people think that's a good thing. i actually think what this actually does is put a review process on it. even the president used this word ban, but if you look at what it does, it simply allows the federal government to do an exhaustive review to make sure

we're not allowing jihadists at will to come into our country. this is overwhelmingly popular notion we keep jihadists out. i believe england and london would like to do the same thing. stuart: i think you're right. this is key issue. maybe there is some disappointment we have to wait until october for a full airing of the decision. nonetheless in the short-term it seems to be a win for president trump in some respects. that is how i will take it at the moment. we're working getting lawyers on the line. matt schlapp, hold on a second. i have jay sekulow on the phone of the he is a lawyer. he knows what he is talking about. so, jay, straighten me out please. i'm reading this as partial win for president trump on the grounds some of the restrictions in the travel ban have been lifted. what say you? >> it is actually a huge for the president on the executive order, only thing they did not put ban in place for, travel restrictions for was a very limited situation with the mother of the u.s. citizen.

so it's a very narrow carveout. but the timing, the procedures, the 90 day, waiting period, hold backs all of those are deemed constitutional. so this is a very significant victory for the white house. this is also a good sign where the case ultimately goes on full review. the president should be very pleased. this is a very big win. stuart: does that mean, jay, we can keep some people out in the immediate future? >> yes. so 90-day pause, 120-day, pause, all of those stay in place except for one individual person under one limited scenario. so it is, a 99.9% win but on the merits i think it is a 100% win. it will be argued in the fall. we'll have more information. we'll be briefing it. obviously a big win for the administration. big win for the american people and our national security. stuart: do they issue a count within the supreme court as to how many were in favor of this

and how many were against it? is it 5-4, do you know what it is? >> order is just coming down. the full order is just being released now. we don't have that. sometimes with a stay they don't have to break that down. there is a bit of an opinion with it. it is being released this moment. stuart: hold on a second, jay. ashley: let me read the wording what the supreme court said. an american individual or entity has a bonafide relationship with a particular person wanting to enter the country as refugee, can legitimately claim concrete hardship if that person is excluded. however as to the individuals and entities we do not disturb that injunction. but when it comes to refugees who lack any such connection to the united states for the reasons we have set out, the balance tips in favor of the government's compelling need to provide for the nation's security. stuart: ah, compelling need for the nation's security. ashley: to provide for the nation's community. >> that is always the standard. stuart: go ahead, jay. >> that is the key standard in

any issue when you're involving national security and that is, does the balance of the harm or potential harm tip in favor of national security. courts will always differ to national security interests in those situations. stuart: thank you very much, jay. you have expertise, we need that. >> thank you. stuart: tammy, quick comment. >> highlights activism at the appeals court level. liz: puts stay on lower court rulings. >> my point should highlight how those other judges that is classic activism, classically getting it wrong. yeah. stuart: okay. howard kurtz with us, fox news media analyst. howard, welcome to the show. >> thanks, stuart. stuart: we're sifting through this, the general conclusion it's a win for president trump, not a full total win but a very strong win. how do you think the media is going to play this? >> i don't think there is any other way to report this, at least a partial victory for the president.

we've been through two versions of the travel ban. rounds of federal appellate courts knocking it down, challenging it. here you have the supreme court, obviously a hearing in the fall, the supreme court could have accepted case, not made any public comment, looks like four or five, possibly more justices feeling that key elements of this plan are constitutional which kind of knocks down the public perception, certainly media narrative it was a badly-botched, badly-drafted overreach by the trump white house. stuart: i'm thinking it is rebuke to the lower courts which said it was unconstitutional and brought in what president trump had said and some other leading republicans had said during the campaign about muslims. this seems to be a rebuke to that liberal point of view. again, i ask, how will that be portrayed in the media? >> i'm sure there will be legal analysts who will argue both side. some will say, yes, the ninth

circuit on the west coast are known for very liberal decisions often everyturned at high court level. the reason i agree it is something of a rebuke, the supreme court could have taken the case, expressed concerns about this, but left in place the temporary ban until the actual hearing is held. by allowing this to go forward, it is making a decision, partial decision to be sure, that at least the majority of the justices in this decision to take the case have decided that this can go forward on national security grounds. that, in of itself also what happens down the road is absolute win for the white house. it has had trouble on this issue. i think it will result in some press coverage that will have to rethink this whole story and president's position. stuart: do you think that the white house will now rethink its opposition to on camera press conference? if they have got a win to report, maybe sean spicer will report it as a win. what do you say? >> today's briefing is supposed to be off-camara.

this would be the fourth out of five briefings that will not be televised. clearly the president not very happy with the spectacle of reporters shouting questions at his press secretary on issues, particularly russia business that he doesn't think are legitimate. i don't think they will change it today, but if they do, you will be right, it will be because they want sean spicer's smiling face saying hey, we won one. here is why it is important. stuart: you're flattering me, howard kurtz. i know exactly what you're doing. i don't blame you. it's a good tactic. howard, thank you very much. jay sekulow. i think which got you still on the line. did the supreme court release a breakdown what they voted on this? i'm sorry, jay is gone. liz: supreme court is effectively saying this is not a muslim ban. this is not religious discrimination. that is what the fourth circuit court of appeals said in virginia. they're basically saying yes this is about national security despite what the president said on campaign trail.

they were using his remarks on the campaign trail. stuart: matt schlapp, you were the first to come on the area right after the decision was announced. you must have heard from conservative colleagues, republican colleagues. this is is being played as a win for president trump. >> huge win on one of his most important issues that he ran on. you know what the best part of this, stuart, is, twitter is not equal to the words of the constitution. i think this is great day for america. where the words of the actual constitution determine whether something is constitutional, not some hot tweet that goes out in the middle of the campaign season. stuart: the win the republicans want, the country wants, if you're a trump supporter, the win necessary a win on health care, a better yet a win on tax reform. does the win in the supreme court give some impetus towards tax cuts and health care reform? >> if anything, it helps because it makes people understand that voters aren't dumb, stuart. they will look, here's is what president trump ran on.

here is what republicans ran on. when we start to work together as a team to get achievements on immigration and taxes and health care, the fact is, stuart, if we don't get something through the senate, through the house on taxes and health care that the president can sign into law, it is hard for republicans to go back to voters say it was important for you to send us up here as the majority. stuart: there was also a win for religious freedom. the issue about, in missouri being allowed to get taxpayers to fund the ashfelt for children's playground in catholic and lutheran schools. the supreme court said you can do that, a win for religious freedom. a win for the trump people. >> outrageous thing that state of missouri had recycling program, would take recycled products and like ribber and stuff, maybe it available to playgrounds across the state, people said we don't think that would okay on a catholic or

jewish or christian playground. that is unconstitutional. i'm glad the supreme court did the right thing as well. stuart: matt schlapp, thanks for coming on the show at just short notice. thank you very much, matt. check the big board. we were up 100. now we're up 40. i don't think the supreme court decisions have anything to do with the stock market. they're completely divorced. we're falling as we speak. we'll be back with more. it's here, but it's going by fast. the opportunity of the year is back: the mercedes-benz summer event. get to your dealer today for incredible once-a-season offers, and start firing up those grilles. lease the gle350 for $579 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing.

reporter: blake burman outside the supreme court the justices have handed president trump a temporary victory related to travel ban and order. justices say part of that travel ban can go forward. justs writing i quote, when it comes to refugees who lack any such connection to the united states for reasons we set out the balance tips in favor of the government's compelling need to provide for the nation's security, end quote. the other part of this is that the justices as a whole will hear oral arguments, a fuel case a few months out from now -- full case. in october. more "varney & company" back after this.

stuart: daniel lobe, is activist investor. he is an american. bought a $3.5 billion stake in nestle. a european company. he will shake it up. the market likes. stock up 4%. nestle a european company. new study showing seattle's minimum wage hike are hurting people. they are making $125 less per month n new york, separate report, within thousand

restaurants closing. here now, "bar rescue" host jon taffer. is this all about the hike in the minimum wage in seattle and new york and elsewhere? >> well in new york, stuart, tip employees got 50% increase in pay. that is serious impact on operating costs for business. fast-food, non-tipped employees got 20% increase. here is the result. employment growth was at 6% to 7% in the restaurant tore for employees. it is down to 1.2%. stuart: good lord. >> a lot of restaurateurs cut back staffing by 10%, reduced employees to part-time. the employees lost on this. so the restaurant decline in employee growth is greater than during recession as result of this. this is big stuff. stuart: ones left behind, like in new york city, you're a tipped employee in a restaurant. your actual income is up 50%, in payroll. >> in payroll. stuart: payroll of those restaurants. >> yes. stuart: they have to take that

into account and hire fewer people. i think a lot of them, not just new york city, a lot are going to technology, you order on a tablet these day. >> or kiosk or on-line. stuart: you bet. >> in fact machines can flip hamburgs too in fast-food restaurants. machines can package. at the end of the day you can only put so much water in a glass, stuart. when government starts interfering in the economics of an industry, you change the whole model. stuart: i think you're a trump supporter. >> i am. stuart: generally speaking. >> yes. stuart: president trump he had said on the campaign trail, he would put up minimum wage, talking 10 or $12 an hour. surely you don't approve of that do you? >> i believe it should be market market driven. i don't believe government dictating. education, effort, these things should matter in this country how much money you make. stuart: this one thing i think we need desperately i don't see

happening yet. lower taxes on small businesses, specifically the subchapter s-corporation tax now, personal rates, should be taxed at business rates. i don't see that coming anytime soon though. >> no. i was hoping it would be done by now. we were looking reduction of about 20%. that would be huge for small business america. think of what that would mean main street of ohio, to all of the small businesses. it's huge. the obstructionism, delay on health care, we're going to lose another year on tax reductions. stuart: isn't that your big thing? aren't you going on tour, 2citys in favor of small business? >> yes. stuart: this is what you're all about. >> only way to solve this problem because of regulatory and taxing matters is to grow revenue. if you own a business today, every expense problem is solved by revenue. revenue cures all. we have to grow revenue in these businesses, new customers, frequency, spend. all a of those charactertics have to come together. sales have to go up. that is what this tour is about,

stuart. i'm teaching people how to grow their revenue. stuart: okay, i'm told, i've seen video, there is a group of trump supporters, they staged a ad sit-in at north carolina starbucks where one customer was mocked for wearing a trump t-shirt. you kind of bottom your finger on the pulse of the country. are trump supporters coming out a little bit around the country? >> people are getting frustrated by the negativism, and aggressiveness of the attacks. you take it to some degree, people get angry. i look at starbucks, what happened there. i find it interesting, that a company whose fiduciary responsibility is to appeal to everyone, would take a political stance and in essence reduce the footprint of their marketplace. that is contrary to fiduciary responsibility.

>> the fact of the matter is, you don't put yourself in a position that turns a section ever the market against you. ashley: right. >> that is bad business. take the money you make from a good business and use the for whatever causes you want, when you connect the two. you're making a mistake. stuart: jon taffer, you know what you're talking about. we appreciate that. thank you. good luck. martin shkreli, you know that name. he is on trial today, actually for charges that he defrauded investors of two hedge funds. cheryl casone in brooklyn. details please, cheryl. >> stuart, $11 billion accused by prosecutors at brooklyn

federal court of $11 billion ponzi scheme. farmer bro, martin shkreli, this is not connected to the drug company he ran when he hiked up the price of a drug from 5000%, from $700 to $1300 for aids patients. he pulled funds from another pharmaceutical company to pull off funds for investors beforehand. he faces 20 years in prison. if he is convicted, jury selection starting today. we found out the judge is saying six weeks for this trial, stuart. that is high-end of what we expected. the courtroom is packed. people are on the floors. there are camera crews everywhere, stuart. i got to tell you. he might be one of the most hated people in new york besides bernie madoff when it comes to scheming and damming investors and general public, stuart. a lot of interest in this case. kicking off today. can they find 12 jurors who don't know who martin shkreli is. stuart: that is a good question.

cheryl, thank you very much indeed. markets come all the way back down. we're up 17 points. we'll explain it after this. your insurance company

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reporter: i'm jeff flock in illinois where push is becoming to shove in state's financial

problems. i'm along lakeshore drive in chicago. one of 700 may have to shut down this week because there is no money to pay them. here is the letter went out from the department of transportation to all the construction crews. we're hope youful the situation is resolved before then, the department notifying contractors all crux work is to should -- construction shut down from june 30th. unpaid bills total 15 billion, with a "b" dollars. structural budget deficit, 7 billion. unfunded pensions, almost a quarter of a trillion dollars. pretty craze he sy. the state doesn't want to hike, doesn't want to hike taxes. they would just like to cut spending f they don't, s&p is going to downgrade them again. it would be junk status. more "varney" coming up. stay tuned.

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(upbeat electronic music) ♪ i'm living that yacht life ♪ life, life ♪ top speed, fifty knots life ♪ on the caribbean seas ♪ it's a champagne and models potpourri ♪ on my yacht made of cuban mahoghany ♪ gany, gany, gany, gany ♪ watch this varn varn one more time stocks are up despite turmoil and

division in our political lives. swamp is acting up but investors keep buying, one more time, what's going on, first of all, profits are very strong, very strong. the amount of money that a company is making at benchmark, profit is up, stocks up. wall street doesn't care that much except about the future of profitability. that's at the heart of wall street and profits are good. the economy is picking up some steam, there are more well-paid jobs and more full-time jobs and confidence in optimism are in record levels. they like it so much they are prepared to ignore the goings on in dc. this morning there were headlines of gop senators unwilling to approve reform, that means obamacare taxes stay, republicans look like a party

incapable of governing and still the market goes up. i think a word of caution is required, solid profits, strong confidence and the green shoots of growth have indeed, helped stocks. if health care reform and tax cuts fail to materialize surely all bets are off. the third hour of varney & company is about to begin. ♪ ♪ ♪ [laughter] stuart: we play this song a lot. we like it. it's a favorite. it's fading from my view. enough of that. we have a lot on our plate this hour including actor steven baldwin has taken left hateful rhetoric. the latest, johnny depp

apologizing, by the way. a student who testified under senate that free speech is under attack. he's on the show this morning. i also want to repeat this big news breaking from the supreme court. part of president's order will go into effect. fox news contributor james freeman, a wall street kind of guy. we think this is a win for trump. >> yes. stuart: are you on board with that? >> it's a provisional win. the administration is going to have to argue before the supreme court in october on the merits, but by staying the two decisions of lower court, federal appeals court, supreme court, allowing the ban to go into effect, the supreme court is basically putting the ball down on his side of the pitch -- [laughter] >> it's a rebuke to the liberal appellate courts that the supreme court, you can't do

that. >> yeah, i think we are going get a discussion at the supreme court on whether remarks that candidate trump made can be used to attack a presidential policy years later. a lot of lawyers obviously have been skeptical of this and also about the idea that states can say this travel ban doesn't work for us over what is clearly under the constitution of federal responsibility. also we keep calling it a travel ban. i know that's the media shorthand, of course, it's a period. he wanted to put in extreme vetting of people from those six countries with history of terrorism, so looks like he'll now be able to do that. policy moves forward with people who have a bonafide connection. stuart: it's a win. dow industrials, s&p, nasdaq, all of them smartly higher since the election, since the inauguration, but, you know, they have not -- the stock

market's performance has not been affected i don't think much at all by the gridlock in washington, can't get health care reform, can't get a tax cut done yet. can you explain this? >> well, i think investors are debating now how much -- how big the tax cut is going to be, whether it's going to happen. i think there is still some expectation built in here and you would see a down draft if the trump program ends up failing, but you're also seeing along with better earnings, along with very loose monetary policy around the banks, central banks have printed a lot of money but also not just being obama where the regulatory war has really ended, i think, that aspect of it is very positive for markets. stuart: okay, the dow is up 21,400 which isn't a bad level to be at. a granny over the cliff video. this time it's president trump

who is targeted because of the obamacare repeal plan. a you watch it, that's violent video. does the left -- i think the left should rein that kind of thing in because i don't think it's been successful. >> it's not only nasty but underlying assumptions is people are healthier when they are push intoed a government program, this is not a case that's been proven. if anything, you'd say it's probably the other way, did life expectancy surge during obama years, no, it flattened out. this is something that economists need to study. i would think part of it is when you have a slow economy, disincentives to hire and disincentives when you subsidize health care, bad insurance, you don't get healthier people. this is something that should be

debated but i think republicans have got to attack head on this premise that more government insurance means healthier people, it doesn't. stuart: we should attack head on one of the statements in that ad which said they're going cut about a trillion dollars from medicaid. that's not true. the rate of growth of medicaid slows down to the tune of 800 billion but we will spend a whole lot more on medicaid. >> to be cynical, it looks like what's happening in the senate bill, that reck oning for medicaid is being pushed further out into the future when we are told that reforms will happen, some reduction in the plan increases will occur, but maybe it never will, but no. as a fact, absolutely, the government is going to spend much more on medicaid next year and the year after that, same story. stuart: james freeman, thank you very much, sir. price of oil this morning, sometimes has impact on stock market.

this morning we are down back at $42 per barrel. gas price now that is falling serious drop there, we are now at 226, that's the national average for regular and if you look around the country, there are now four states where the price of gas is $2 or below. oklahoma, mississippi, alabama and south carolina. all of them -- south carolina is down average of a 1.92. some other headlines for you. a hedge fund owned by activist invest other daniel lobe bought 3 and a half billion dollar in nestle. activist down there shake up nestle. market likes it. pandora ceo and cofounder reportedly to stand down. a lot of trouble with competition as well. new ceo is coming on board. the stock is open only .79. sea world has been subpoenaed,

this is part of a federal probe. the justice department, the fcc, they are looking into statements from executives that claim the black fish documentary brought down the company -- >> they allege prior to earnings release that the black fish documentary about the orka whales would not hit earnings. stuart: the stock is taking another hit. they are under attack, continues attack. amazon finding a patent for drone delivery tower. looks like a beehive for drones. trucks drop packages off at lower levels and drones peck -- pick them up and that's, ladies and gentlemen, the amazon story of the day for you. there's always one. martin shkreli arriving in court

in brooklyn today. he's on trial now. much more ahead, we are keeping an eye on the supreme court. justice anthony kennedy, speculation of whether he's going to announce retirement. we are on that one, of course. actor steven baldwin, we will get his take on less hateful rhetoric and demise of hollywood having any cloud in politics. remember zachary woods, one to have college students who testified before senate committee saying free speech is under attack in college campuses. he's with us very shortly on this program. first, though, spacex successfully completed two rocket launches over the weekend, one on friday and another yesterday, both rockets launched -- they landed back on earth after delivering payloads. that's the attraction, bring it back new parodontax.

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>> i think it's 50/50. we are doing anything we can to fight this bill because it's devastating for the middle class. i think they have at best 50/50 chance of passing the bill, to get three senators to vote no, you can say, yes, you can say no, it's probably 50/50. stuart: 50/50. chuck schumer says 50/50. i would expect lower chances from the leader. if chuck schumer says 50/50 what says chris. >> i think it's a little bit better. we also find out how serious president trump's campaign and

its affiliated of punishing republican who is say no. if it turns to litmus test you must vote for this bill or none other, this is your only choice, if that's the case then the odds probably go down. as we heard from john cornyn, there's a little wiggle room that they can take another week and make accommodations for moderate senator who is feel anxious about some of the curves on medicaid and other sort of welfare or subsidy program here. if that's the case, i would say they can get to probably, they can get to 50 votes. i think they can do it. stuart: you give a little here and a little bit there. you believe that they can actually do this? >> if others tush in you must do this, people like dean heller or other senators who represent

susan collins in maine, senator that is represent state that is have more medicaid usage and more moderate, i'm getting off the train now, i think they can probably do it, yeah. stuart: fascinating. i have this news. breaking story of the supreme court. parts of president trump's travel order will be allowed to go into effect. chris i'm reading that as a trump win and you? >> bigly. not just parts of the travel order but basically the whole second modified order can go into effect just not as it relates to people that the courts say bonafide relationship with some american citizen. that is the department of homeland security has to be generous in determining who has a claim to a relationship with somebody in the united states, so that they can make exemptions for those people, other than that, it's the whole shabang and

strong leaning taking the case, two things, they thought the lower courts acted a little weird by bringing in the campaign speeches and all of that stuff and ruling on order on its face, but the other thing is, they are telling the president, okay, you have a patch, you said you needed time to fix the order, you needed time to fix immigration policies and vetting, what the president calls extreme vetting, you said you needed in this place so you have time to get new process, they're saying, now you have the time, you're going to have the summer, you will have the moments to get it done and when we come back maybe we don't have to hear it all and maybe rule that it's moved. stuart: i'm looking at the 4-0 win, i'm looking at the immigration, looks like loretta lynch and obama team has a few

problems here with the e-mail scandal and the attorney general last year, could you say the that president trump is beginning the get the wind in his sails? >> i would say that -- at least he's getting out of the gail that was blowing him backwards. sometimes the calm is an improvement for a sailor. he is at least getting to neutral. we have so much riding on this now in washington on what happens over the next two weeks on the health care, if in fact, you put a win on health care, yes, absolutely. if the president -- if at the fourth of july or going to august recess things look like they are shaping up and republicans getting legislative act together, they have more confidence because as you know in markets an wall street, confidence gets more confidence and success gets more success and then it goes. stuart: chris as always.

thanks so much. dow industrials up 16 points. take a look at the big 5. the five tech titans we like to call them. facebook has backed off from earlier all-time record high. they are going to start producing their own tv content. $3million per episode we hear. that initially took facebook to 156 but backed off along with the rest of the big five technology companies. price of gold is down this morning. we were down 12 bucks earlier and 10 bucks now, 12.45 is the price. big story from the supreme court. parts of president trump's travel order will go into effect, judge napolitano coming up on that. and hollywood continues to throw money at the democrats but it didn't work in georgia or for hillary clinton. actor stephen baldwin on that subject. we brought you the story friday. college students and professors testified before the senate, they said free speech is under attack, one of the students

zachary wood is with us this hour. first off, look at this, jordan spieth won the traveler's championship. hold the video. hold it, hold it. watch it, watch it. it's going to go. we will have more in a moment. [laughter] >> look at him.

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>> he's done it again just as he did at the john deere for his first win. stuart: yeah, that's how you celebrate. jordan spieth. we have to see this again. let me tell you spieth and tiger woods, two guy that is won pga before age 24. i was watching. wonderful stuff. tim tebow back to florida this summer, the mets are promoting

the former football star turned baseball player that sent him to state league in florida, one under the majors, he will play for st. st. lucie mets. in case you want to know. terrific catch, someone catches the ball in her purse. that lady right there, she caught it in her purse. [laughter] stuart: she got standing ovation. she caught it in her purse. i think she keeps. the mystery of the woman's purse. tekata, bankruptcy. you will have to wait a long time for replacement, that's if you can find out if you have a tekata air bag.

john kasich's website hacked, they played the islamic call to prayer. now this, missouri is suing three major drug makers accusing them of contributing to the state's opioid crisis. missouri attorney general joshua coming up on this program today and the supreme court no announcement yet on justice kennedy, no announcement of any kind, retirement or otherwise, judge napolitano i bet he's disappointed. he's next

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want to know where the cheapest gas, we will tell you, four states below $2 a gallon, oklahoma, mississippi, south carolina, who would have thought . judge andrew napolitano is with us. i'm going call it the travel pause, give us the details on this. >> the supreme court removed the stays on the travel ban which basically says it is in effect and carved out an exception and the exception is if you come from one of those six countries that are the subject of the ban and you have a relationship here, legal, biological with a person or with an entity or student has been admit today school, somebody here is going oh to give you a job, professor ready to give a lecture, you are not subject to the ban. stuart, this was a unanimous decision. the court's most liberal and conservative members agree today uphold the vast majority of the president's ban but the

compromise is in the exceptions that's how you got the liberal wing to court to agree, justices thomas alito and gorsuch said we would have upheld the entire ban by creating these exceptions, all you're doing full employment act for lawyers, you're creating trial after trial after trial about the nature and extent of the immigrants' relationship in the united states. stuart: it's a win for president trump. >> it is a substantial victory for the president because underscores his authority to use immigration as a weapon and forming foreign policy to preserve the country. stuart: no announcement from justice kennedy. >> he could make the announcement at any time and could do it in the middle of august. not his style but could do it. stuart: i guess you wanted his retirement. >> i have no idea what you said that. stuart: because i think you want a conservative on the supreme court not a swing voter.

you want another scalia. >> in the five opinion that is justice gorsuch has written or signed onto, donald trump got a very reliable traditionalist more so than scalia. stuart: loretta lynch is being investigated by senate committee -- judiciary, should she be investigated by the fbi? >> i think so. the allegations made against her, i'm talking about jim comey, she was operating with the democratic national committee and mrs. clinton's election campaign to fort the investigation of mrs. clinton and scandal. does that mean she should be indicted or prosecuted but does that mean somebody should look at it, robert mueller, no, it has nothing to do with robert mueller and the russian investigation. jeff sessions should say to the

fbi, i want this woman investigated. would he do it? >> it does throw the whole argument about russia, russia, trump, trump, throws that to the other side. >> yes, it does. democrats say trump colluded with the russians and the republicans say, the justice department colluded with the clinton campaign. if one is worth the investigation, why isn't the others? stuart: jane sanders hired a lawyer, bank loan that she received way back when and a question whether she's committed bank fraud or honest mistake, pleaks init. >> it's not a loan to her, it's a loan to a college of which she was president, she borrowed a few million dollars, promises of donations from donors. she couldn't pay loan back and pay the loan back, the college

went bankrupt. the lender -- the donors name came threw and the bank called the fbi and said we don't know if it was honest mistake but no security for us to get the money back. honestly, stuart, if her name were jane smith or sanders, we wouldn't be talking about it. such a close call. stuart: i would like to say that i'm dismay today see politics reduced to lawyering and lawyering up investigations and probes. >> do you know that the attorney general of the united states has hired his own lawyer. can you work for the federal government today without a lawyer on your side? it's just not the way government is suppose today work even from the small government person it's not the way it is supposed to work. i have to ask my lawyer before i can do this, it's not right. stuart: we are on the same page on this one. moving swiftly along. missouri is suing three drug makers accusing them of

contributing to the state's opioid crisis. missouri attorney general joshua joins us now, sir, on what grounds are you suing? what are you saying about these opioid makers that make -- suggest they broke the law? >> fraud is the grounds, we are suing because the three drug makers have engaged in a campaign of fraud and deception aimed at doctors, aimed at consumers that deliberately mislead them and lies about the nature of these opioid drugs particularly how addictive they and long-term negative consequences when described over time. stuart: did they never say these are addictive and experience suggests they are addictive, at no point did they ever say that? >> experience does indeed show, highly addictive and here is what they did over a campaign of years, these drug companies spent millions and millions of dollars pushing out literature, bogus research to doctors and also consumers saying that the drugs are not particularly

addictive, that they can be managed with prescriptions and in fact, the drugs are underprescribed and underused is what the company said. all of that was false and they knew it was false. stuart: we have obviously an opioid addiction crisis. i don't think anybody doubts that. but if you get these drugs off the markets, i mean, if that's the end result, or you fine these people so much that they go out of business f that happens, what about those people who are in chronic pain and do need extreme pain relief? >> well, the goal is not to get the drugs off the market. there's nothing necessarily wrong with the drugs themselves. what's wrong is how they are being used and the companies are responsible for a large part of this because of the misinformation, the fraud, the lies that they have push today doctors and consumers. here is the ultimate goal, it is to get recovery for those victims of addiction who have suffered because of this campaign of fraud and deceit. it's to provide opportunities for rehabilitation, opportunity for restitution and

opportunities for recovery and to make sure that the drugs are used and prescribed in an appropriate manner getting the true information out there accurate information that's vital of this, that's why we have to stop the fraud on the part of the drug companies. stuart: what about the other side of the coin which is doctors who overprescribe and continually prescribe these drugs? will you go after them because there's been a couple of cases elsewhere in the country where doctors have been taken, had license taken away? >> yes, we haven't ruled anything out. here is what we found so far, doctors have been target of the campaign by drug manufacturers and the three in particular who we name in our suit perdue, endo and junssen, telling them it's okay to prescribe in mass quantities, telling them that they are not highly addictive and telling them that they are underprescribed. there's a reason why doctors have been prescribing much more, many more of the drugs. in 2012 there were 259 million

opioid prescriptions written in this country, that is 10 million more prescriptions than we have adults in this country and that is a result of the drug company's campaign to convince doctors that it's okay to prescribe the drugs and they need to prescribe even more of them. stuart: joshua, thanks for joining us, we do appreciate it. >> thank you. stuart: judge napolitano still with us. this is the political response to the opioid crisis. >> i'm glad you said that and though i respect him and credit his office and credit this lawsuit, it is largely a political response because there's something you like this phrase, the doctrine of the learned intermediary, the the doctor is charged with knowing whether this is fluff and advertising or substantive. it is the doctor who is the one who the responsible for taking

taking the weak and only giving drugs where it's necessary. it may not prevail but because he's in the government he may be making a great point to the medical profession. so you can sometimes, i know you're going hate this be a plaintiff and lose a lawsuit and still win because you have made the point. he's financing the lawsuit with taxpayer dollars. stuart: where do you stand on this, judge? do you approve of that kind of suit? >> no. generally, i don't. i understand it and i respect it. he's an elected official and has discretion to do that. i don't know if the problem in missouri is more acute than elsewhere, politicians in my view should stay out of the relationship between patient and physician. stuart: terrible subject. >> it is terrible and i know how bad this is. i think i told you the story of the late chief justice. stuart: yeah. tell us again for our audience. >> bill rhenquist driving home

being picked up for dwi and they brought him into the jailhouse and they thought he was drunk. he had taken one too many of the opioid things. he wasn't drunk and was impaired and shouldn't have been driving but he was unaware of how addicted it had become. chief justice of the united states at the time. stuart: many years ago. >> we know a lot about the drugs today than we did then. stuart: judge, thanks very much. great work. all right, up next stephen baldwin, actor, producer as well as one of president's supporters. whether he ask him about what does he think of the left hateful rhetoric. we will see from zachary woods who says free speech is under attack in college in america. first listen to this. >> in classroom liberal arguments are treated as unquestionable truths, in some cases conservative students even

feel the need to refrain from stating their opinion in fear of being shut down.

news on facebook is they are working to provide original content much like we have seen from some of those other guys, amazon, netflix as well but really saying that they're going to pay up to $3 million an episode to have episodes, not a whole dumping of episodes like netflix but one episode at the time and hollywood is loving the mind set of facebook as facebook says they are going share profits and the ads hours as well. facebook one to watch and it's been up

we need medicare. we will all be on the streets or something even worse. stuart: do you believe that? do you really believe that putting that on the air at the moment in time the granny over the cliff is back? this time they upgraded it and updated it to go after president trump. our next guest is one of president trump's trump most

literally, anguish older lady over a cliff. >> go with what you know. >> pushing the granny over the cliff -- >> i'm sorry, that's a turnoff. >> in my opinion why president trump won and why he keeps succeeding is because americans know the truth. they now have this ability to get information more directly and that whole process of fake news, drain the swamp, it's going to take swamp but again, they have to keep going with the messaging that's bashing not allowing the president to succeed, hollywood liberals, you know, doing what they're doing, saying what they're saying and then continuing on the left with the messaging that's so violent, this is not in my opinion what all of us collectively need to make some progress and move forward.

stuart: john ji depo under fire for those comments that he made last week. talking to the crowd about when was the the last time an actor assassinated a president. he apologized later. he was saying he was trying to amuse. that doesn't work for me, i'm sorry. >> it's not funny at all. stuart: no. >> listen, everybody out there, pray, if you pray, god will hear -- heal this nation, that's number one. but what i want to say to robert deniro and johnny depp, fellow, let's hug it out. i love you. all of hollywood, can we all just get along, guys. stuart: kumbaya on this program. >> what's the answer, stuart, a cage match between me and those

two guys because i'd win? stuart: i would sponsor it. stephen, it's not working. the hollywood endorse extreme leftism. look at the georgia election. >> correct. correct. i'm just going say this, i have love for the democrats, i have no like for the democrats when it comes to this stuff. they're doing their thing the way they think it's suppose to be doing it. all the trump supporters, all the people praying, everybody working hard. this is not going to be easy. we are going to see eight years of trump. he will drain the swamp and continue to make america great again. the truth is we are already seeing that progress. stuart: before the election, i knew a lot of christians who said god has a hand in this.

>> absolutely. stuart: god has a hand in pointing our nation toward donald trump and ensuring his victory. i'm a christian. i'm not sure i would go that far. i'm not sure i'm in line with that kind of thinking but that is your thinking, isn't it? >> i'm a born-again christian. every word of the bible is true, you only understand when you're doing the christian thing the way you're supposed and not by design. that doesn't work like that. god's will allow for things to happen and not happen, good and bad. there's no question that progressive liberal movement in this country has not been thinking of the little guy, they say they are, but actions speak louder than words. i think a lot of the mentality is between what is federal and state is important. i think that's going to be the future. i say yes and amen, let's let the republican party continue slowly doing do what it's doing

as best its can, progress, move forward, prosperity, happiness, wealth, you know, when it comes to health care, amen. big day today. stuart: yeah. >> we have a lot of work to do. stuart: stephen baldwin, don't be such a stranger. >> appreciate it. stuart: next man he will be on the screen, zachary, he says free speech is under attack. he will join us next and tell us all about it next. back in a moment

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notice is what the professor is telling you is essentially his opinion and also presented in such a way that you would think that that's just the truth, that that has to be taken as it is and anything that would go against that, that would question or complicate is against the facts. stuart: have you ever presented a conservative opinion, free-market opinion into a class situation and being rejected? >> i love playing devil's advocate. the ones i agree with and the ones i don't agree with. what i would notice, some professors respond appropriately but most of the professors that i've had will often times kind of look at you as if what you said is just completely outrageous. they often times looked puzzled or they're just confused and they don't understand how it is that you could say something that doesn't align with general progressive values or beliefs. stuart: have you ever felt that you got a lower grade because you expressed an opinion counter

to liberal opinion in. >> i would say that there have been times in which my papers have been graded in particular way that is seem to reflect a bias on the part of the professor in terms of how they view a particular issue and one example i could give you is with regard to mass incarceration, took a course on mass incarceration and we did not explore at all what conservatives think on this issue, what republicans think of this issue. stuart: i want to bring your attention to the university of delaware professor. she's not coming back to the campus to teach anymore. she wrote about otto warmbier, typical of the mind set of white, rich young males that come to classes, warmbier got what he deserved. i think she got what she deserved. she's not teaching any longer. >> a very cruel thing to say.

stuart: dreadful thing to say. >> absolutely. stuart: where do we go from here? >> i think it's important for administrations to understand and educators to understand that college cannot just be about social tolerance, it's important that students feel included but also important that students regardless of what their political beliefs are are able to express their views and opinions and are able to engage in vigorous debate. that's what college is all about. stuart: if you want a second home, varney&company, any time, zachary, we appreciate you being here. >> thanks for having me. stuart: yes, sir, thank you. they'll be guarantied more varney after this

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. . . . ashley: turmoil in washington, d.c. that is my theory. see what neil says. neil: we know the senate is expected to issue yet another revised health care bill. to tamp down fire from controversy over one that to then bipartisan bashing with at least five against it unless there are substantive changes. nothing tops this comment earlier today from nancy pelosi, who said we do know that many more people, hundreds of thousands of people will die if this bill passes. you can't make that stuff up. but it keeps in with a theme of a mean and heartless view that democrats have of this measure. take a look.