melissa: break out or cowbells. david: you have to show up at chick-fil-a with something that related. melissa: it starts when when the stores opening goes until 7:00 p.m.. get your free food. that does it for us. here's the evening at it. >> it's near impossible to imagine that president trump would select a nominee that is as hostile to our health care law and health care for millions and millions of americans who is an hostile to a woman's freedom to make your own health care decisions. >> tonight president trump one ounces nominee to fill the supreme court vacancy. we don't know who he will name but we are a no exactly what unfair tactics the nominee will face. it won't be new and they won't be warranted. we can expect to hear how they

will destroy equal rights or demolish american health care or ruin our country and some other bits are away. >> at sound of our president trump revealing his pick for the supreme court in just a few hours. reportedly has decided on this nominee. we have the breathing news plus all the angles with top-level experts weighing in. this will be a ferocious fight, the most expensive and costly. both sides of the aisle pouring millions of dollars already into the battle they will you bring you the latest on the democrats counterattack. they are calling it the fight of their lives and another public high-profile republican net worth is growing. you won't lead to what is this time. money, politics we deliver the headlines but i'm elizabeth mcdonald in the evening at it -- "evening edit" starts right now.

elizabeth: let's get your money. the dow is up 320 points ending the day at 24,776. the banks posting their best day in stock trading since late march. wall street is looking toward another solid seventh quarter earnings season. more on that. more on that but first it's down to the wire. and i president trump will unveil his supreme court choice to replace justice anthony kennedy at 9:00 p.m. eastern time producers telling "fox news" the president has decided on his pick. president trump is an inveterate showman. he hates to be predictable. he is known for dramatic flair. his choices change at the last minute. mitch mcconnell does want that choice seated for when the supreme court opens in october. democrats and republican groups pouring millions of dollars into this fight. you're on the left towards

conservatives could lead it up to the state to do things like make abortion less accessible and roll back the administrative state by making federal agencies less powerful. let's get to add lawrence live at the white house with the latest. >> liz he started with 25 names and according to "fox news" the president has made his selection although we won't know for another four hours or so. widely viewed that therefore names at the top of the list. judge brett kavanaugh was the u.s. circuit court of appeals a former clerk for anthony kennedy and donned the staff or was staff secretary for george w. bush's white house. judge raymond kethledge former clerk for anthony justice also justice anthony kennedy also a court of appeals sixth circuit court. judge thomas hardeman also a friend of president trump's sister. president trump says he was very close to selecting him the last

time around. he drove a taxicab to put himself through law school and amy coney-barrett the youngest of all the candidates went to notre dame and she's been criticized by democrats because of her faith, catholic or conservatives believe she might be the key to overturning roe v. wade. you heard earlier that democrats are digging in on this one. they are planning to oppose any of the candidates based on overturning roe v. co-wade and women's health. senator mitch mcconnell sang he does expect this to be a partisan fight. >> one more round of 40-year-old scare tactics will not stop us from doing the right thing. >> the senate judiciary committee will confirm or will pass along this nominee to go to the full senate. senator joe kennedy is on that committee and he says they want to see an impartial judge, not

an activist. >> if you feel strongly that a political position should he advanced in your own accord you are probably in the wrong for them. you need to run for congress because the role of the judiciary is very carefully subscribed in our constitution by the congress and the president. >> after the announcement we can expect on capitol hill maybe some of those senators. this could be a quick process. when the party at the white house and the senate it takes on average 66 days we are seeing now. for instance when the democrats had the senate and the presidency just as sotomayor took 66 days of last six days a last year judge gorsuch's also 66 days from nomination to confirmation. liz: thank you great reporting. president trump as you just heard has his pick in mine. let's listen to the president talking about his supreme court selection process.

>> i believe this person will do a great job that i'm very close to making a decision. i have not made it official yet obviously. we are very close to making a decision. let's say is for people but they are excellent. you can't go wrong. i will probably be deciding tonight or tomorrow sometime by 12:00 and they will all be meeting at 9:00. we have a great country folks, we have a great country. liz: my next guest judge andrew napolitano and he's just so happy to be here right now. who is he focusing sharply on right now? >> well i believe the final four that you have up on the screen a few minutes ago or the final four but i think he is narrowed it to two of those final four. i can be proven wrong in four hours but he is narrowed it to james -- it judged raymond kethledge and hardeman.

the leader of the senate told him that these two are guaranteed confirmation. the other two judge kavanaugh and judge barrett are lightning rods for a variety of reasons. judge barrett on abortion. judge kavanaugh a lot of conservatives are against him for a variety of reasons meaning some republicans. one of them was publicly announced because senator rand paul wouldn't vote for him in the president and mitch mcconnell want to avoid that. of the two hardeman and kethledge they are very different. kethledge like his twin of gorsuch's an academic philosopher. hardiman is blue-collar man who connected personally well with the president and with his sister judge marion trump barry. how the president will decide between the two i don't know. i was involved in the selection process the first time around

and he was determined to find someone who was strong, whose views he respected and whose intellect and background were impeccable. he found that injustice corsets. liz: getting a course which type would get it easy to pass through republicans. >> yes, judge hardiman is probably a little bit more open about being pro-life. just as kethledge who i believe is pro-life is not signed onto any abortion decisions and there's no track record burkowski or collins could attack. senator collins has said she will not vote for judge barrett. that's to the potential nominees into her public and senators saying they wouldn't vote for one of them. liz: you know what's wild all of a sudden chief justice john roberts could be the swing vote because he voted for obamacare. he could be the swing vote in a conservative court. >> here's my theory. the least conservative number with the swing vote was sandra

day o'connor and no matter who the president nominates tonight and who is confirmed the chief justice will become the swing vote. that will make him the most powerful chief justice in the modern era. liz: let's talk about raymond kethledge. raymond kethledge as mitch mcconnell pointed out he is recommended to president trump. there were fewer obstacles to confirmation. rick kavanaugh is big an backing date -- and so as kethledge does not like the federal agency of of senate law. >> here is what rolling back the administrative state means. we have these administrative agents the epa, the fda the fcc. they make a rule and they enforced the rule and they interpret the rule but when the rule is challenged for the equal in court to the challenger or do they have a leg up? are that they have a leg up. rolling back the estate would

put them back on a level playing field. liz: the supreme court has hurt more than three dozen cases for it's up coming term. gun control and property rights, gun rights you say are big. >> all four of them except judge barrett. we just don't have that track record yet but on the three we have a track record i'm not kethledge and hardiman are sound on gun rights and property rights. our guest is judge barrett is as well-paid she's only been on the bench for seven months and she has written an opinion yet but from our academic writings full disclosure of which i'm a graduate she's a strong defender property rights. liz: you have talked about chief justice john roberts is not wanting to credibility the cord damage by overturning law due to

the election cycle. >> right. he believes the law should not change because of an election so you have catholic pro-life chief justice and if there's a challenge to roe v. wade in my opinion you start with the poor liberals who opposes it. same thing with same-sex marriage. the same thing with same-sex sex. liz: you say when they put on a black robe and they sit there for life it's all about the constitution. >> it's subtle and imperceptible ask ronald reagan about his pro-life nominee sandra day o'connor who reinforce roe v. wade and anthony kennedy who reinforce roe v. wade and david suter who said was pro-life who reinforce roe v. wade. i'm not saying these justices misrepresented themselves or the presidents who appointed them to

him saying something happens when you put that black robe on for life and you were in the highest court. liz: i'm going to get to the democrats counterattack argument i'm going to say this throughout the show. on the spring court they've been acting like figure skaters you can keep up with the music. you have a ruth bader ginsburg and breyer possibly retiring judge you were looking at the service corporate away the way the democrats have approached the scotus decision has been a fiasco. >> whatever they are doing isn't working. >> i don't know if chuck schumer makes up his mind. i don't know if they follow a playbook that something must be telling them that it is better for them to defeat this candidate, this nominee than to get reelected. that's how desperate they are. liz: that is durbin saying that. >> the number two person the senate.

liz: do you think a heitkamp or o'donnell will listen to that? >> i don't know them well enough to know that. i don't think either of the three of them who you would characterize as moderate democrats i don't think any of those three are so wedded to abortion that they would feel the need to stick with chuck schumer but i will say this, if schumer keeps all the democrats on a branch and the republicans lose one -- liz let's back up. obama was doing executive order alienating congress. he couldn't get merrick garland through. chuck schumer worked out a filibuster. mitch mcconnell said we are going to do a simple majority not 60 votes in the senate to get the nominee passed so now this is where we are now. we have media analyst saying the supreme court is about the swing far right. let's watch. >> drumstick politely shift the

supreme court further to the right. the folks at on the list prepared by the federalist society represent the far right end. these are the folks that will be hard for democrats to support. >> you are worried about the supreme court's independent and it's a risk that sounds like becoming a branch or armor the administration. >> i have never seen a president of the united states make himself a puppet and choose from a group of right-wing fringe ideologues. liz: chuck schumer saying the president has not consulted with the feds to go for his nominees. was your action this idea that the president is a puppet of far right groups? >> i think that's absurd. the president came up with a novel idea. you think i'm just a new york city developer? i will tell you how am i going to choose my next supreme court justice and i publish my list with 11 names on a per the public accept it. by the time for such came along it had 20 names on it. after gorsuch's was confirmed he

added five names. every one of those has been confirmed by the united states senate or by a state senate to the highest court. liz: yet democrats voted for gorsuch. >> correct. democrats think they have a tiger by the tail. i think they are wrong. they are entitled to do it but saying the president is the captain is the captain of a right-wing group when he asked conservative legal scholars to scrutinize these people in ways that the administration could not scrutinize, put it this way the people that prepared the list can say are you pro-life? it presents not going to say or you pro-life city was able to get them to the private sector what would be unseemly for him to ask. liz: we have never seen this before. judge great to have you on and you are going to be busy tomorrow. >> and tonight. liz: you had better get to bed tonight. hardest working man in show business. do not forget you got to tune in

tonight starting at 8:00 p.m. eastern time but we have the best analysis of breaking news first-tier on the president supreme court announcement but let's get your money all three major indices closing in the green today brought economic optimism the dow upgraded 20 points wall street looking forward to a solid second-quarter corporate earnings season. let's get to the cole petallides on the floor of the night eat with the latest. >> what a rally. he continues for the third day in a row certainly taking optimism from header than expected job reports. the dow up 320 points. we also saw text doing really well. when you look at the bank stocks from apple amazon and netflix and google facebook, netflix record closing highs. we are watching the financials as well goldman sachs a leader on the dow jones industrial average and we have several names supporting jpmorgan and

citigroup and then we took a look at those industrials caterpillar help to get that. not worrying much about the trade or at least offer today. liz: tonight the public the down of republicans continues. now liberal protesters harassing senate majority leader mitch mcconnell. we have got the video. a group asked college students what they think about president trump supreme court nominee. they weighed in with big opinions even though he is a made his choice but first democrats saying that locking president supreme court pick is more important than red tape democrats winning the midterm. will bring in "the wall street journal"'s james freeman to react after this. stay right there. you're turning onto the street when you barely clip a passing car. minor accident - no big deal, right?

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>> there is nobody that president trump could nominate from a conservative bent that will get any democratic votes this is a nightmare for red state democrats to oppose a highly qualified nominee. red state democrats are going to have a hard decision and i hope every republican will rally behind these states because they are all outstanding. liz: were down to the wire hours away from president trump announcing his supreme court nominee to replace anthony kennedy. senator lindsey graham saying red state democrats are going to have a tough decision to make. democrat senator durbin saying blocking the president supreme court choices more important than red state -- democrats getting reelected. >> the men and women i work with on the democratic side take this seriously and they understand it's a historic decision. about more than the next election. it's about what the united states of america is going to charges of scores in the future

on the supreme court that i think each and every one of them take that seriously and personally. goes beyond the next election. liz: let's bring in wall street assistant editor. we have breaking news red state democrats hiding heitkamp and joe manchin up for re-election. they were invited to the white house for president trump supreme court announcement tonight. they all declined invitations. all three of them to -- . >> i think it's a mistake if they decline to support the nominee assuming it's one of these very qualified finalists we keep hearing about. there's really not a legitimate argument as opposed to a political argument for them to oppose. liz: here's the thing durbin is saying it's more important in than getting reelected in terms of blocking the nominee. i will say time and again that democrats on the supreme court fight they have been like figure

skaters who cannot keep up with the music. they are like the guy crossing united states on the lawnmower. they've been behind the 8 ball on this for too long. >> i was trying to tell you what's that ice dancing to the will ferrell made? that the image. after for this comment doesn't make a whole lot of sense. yes this nominee the new supreme court justices likely to have more more long-term impact on the united states than any particular politician in the congress but how do these these happen? they happen when they win the white house to control the senate. if his strategy to tank the nominee succeeds it then means there's a political cost in november and republicans will pick up some of those seats of the pictures we just saw and then it's an even tougher time for durbin to stop it. liz: will blocking president trump's nominee fire up the

democratic base and get them up off the couch to vote in the midterms? >> if they are not fired up, they keep telling us they've been in this for your behalf. i hate the resistance idea because they are fighting some kind of tyrannical government instead of our newly-elected president but if they have an intensity problem i think the problems in the democratic party are bigger than we thought. liz: nixon won re-election by a landslide because of the silent majority. >> i think both nixon elections are so successful elections. you are looking at a guy that was not their favorite person but voters decided the alternative was too far to the left. that's the danger here and i think for any of these nominees you are going to see at these hearings but very professional, very measured circumspect intelligent presentation about the law.

and that contrast i think is not good for democrats. liz: a very important night. we will get to that story and more. breaking details coming up but first a public the down of republicans since the news in this liberal protest went after senator mitch mcconnell at the weekend. we'll have that story to break down for you coming up. fisher investments avoids them. some advisers have hidden and layered fees. fisher investments never does. and while some advisers are happy to earn commissions from you whether you do well or not, fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management.

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liz: the tactics of intimidation and threats continue. there continued the down of republicans. liberal protesters harassing senate majority leader mitch mcconnell over the weekend that they follow him from a kentucky restaurant and beer through personal insults and threats of him. let's take it up with conservative chairman matt latch. your reaction to all of this. >> my reaction as this is rude behavior and terrible politics for the democratic party to the democratic party has gotten quite radical with its policies but also with its tactics and i think in america we still believe we should be polite and there should be decency to how we are acting. i don't think this is going to work. liz: let's backup people are upset that the separation at the border and president trump reverse that policy.

there are still problems reunited but matt we have a growing number elaine chao stephen miller kirstjen nielsen. so far only hearing from chuck schumer and nancy pelosi saying public harassment is un-american. where the other democrats on this? >> while the other democrats, one hand they are cheering them on where were the other hand they are tapping it down. they believe in the end it's a good tactic. i think every decent american should stand up and say look whether we are liberal or conservative democrat or republican it takes a certain amount of courage to run for office. there a lot of people in congress i don't agree with politically but it takes a lot of courage to run. there comes a point where people just want to get a good meal and nourishment and hang out with their families. think we should leave them alone. liz: democrat official phillip raines basically tweeted out the contact information for the virginia bookstore owner who called the police on a customer harassing former white house

adviser stephen bannon. what do you make of this action? >> i think it's terrible. mercy and i have had our dress put up on line with people encouraging folks to come to our house. we have five little kids. liz: sorry, forgive me. what happened to to you when it happened? >> well we took a stance. liz: did people show up at your house? >> we had a lot of people drive by that day and they didn't do anything too aggressive whether those spooky would have little kids. we have got to make sure, and i believe the left and the right democrats and republicans there's got to be a zone where policy stops and we turned off. people can just be americans in just the people. we are getting the point where something terrible is going to happen and i want to be any part of that so i encourage everybody to tone it down. disagree on politics aggressively patona down on these personal attacks in this harassment. it's going to lead to something

that we won't be proud of. liz: you make an important point a year ago republicans were shot at and let baseball field. >> that's exactly right and remember what the gunman said to those republicans on the field. he went out to hunt republicans. the same thing could happen with democrats and our politics is too heated. everyone blames everybody for it but in the end of the country what we do all we know is right? i have all kinds of people, to me the airport in the train station a lot of liberals as you can imagine because i live here in the washington d.c. area. almost everyone i talk to is very pleasant even when they disagree with me but i think what we are we are doing is covering the haters and the that most americans are decent. liz: matt schlapp stay safe out there. democrats with a counterattack even be -- before hearing the names for president trump's nominees for the supreme court.

coming out president trump is headed to brussels and in great britain later this week. prime minister theresa may's government is in chaos. will bring in c-4 to cover all of that after the break. stay right there. you'll get clear, actionable alerts about potential investment opportunities in real time. fidelity. open an account today. [music playing] (ceo) the employee of the year, anna. (vo) progress is in the pursuit. audi will cover your first month's lease payment on select models during summer of audi sales event.

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quits within 24 hours. brexit could be in jeopardy. jeremy hunt now appointed as the new foreign secretary. the president coming in from a position of strength. the jobless rate to the lowest levels not seen in generations. 4% gdp growth. that's double what we have seen in the last eight years. investments pouring back into the u.s. are less asked steve forbes out of this orb's media group for his thoughts. his brexit going to collapse? >> brexit is in trouble for two reasons. one is the brexit doesn't follow through on a free-market program to get the british economy growing again so they got discredited there and they didn't have a real strategy. you have a divided government a very weak prime minister so they don't really know what to do. right now you are getting a european union like is what theresa may is proposing looks at their regulations on bananas and things like that instead of

making a clear break in negotiating. liz: now you have president trump going there. theresa may could be pushed out. set the scene for us. >> she is what they call a lame-duck. she may get challenge but it's a comedy if it wasn't so sad. those sites are incompetent. he's in a very strong position. what is he going to want? what he should propose the idea to have negotiations have a free trade agreement with britain. liz: just britain bilateral. >> bilateral. liz: that could be game-changing. we'll bring you back on as we are watching their programming note brexit nigel farage will be here in the next hour to talk about the chaos in england going on right now. president trump calling out nato countries not paying their fair

share in savings. this is ahead of the summit in brussels. the president quote the u.s. is spending far more on nato than any other country. it's unacceptable. germany is at 1%, u.s. 4%. by some accounts the u.s. 90% of nato. many countries nowhere close to their commitment. germany defense spending is around 1% or 1.2 of gdp. germany is using local police helicopters to train their military. these are big super welfare states. >> i don't mind germany being a little deficient on defense. you can't get too upset about that nato is starting to increase spending. started a few years ago and president trump is getting a head of steam. the key thing to remember is nato is our frontline of

defense. we are not a security service. we are doing nato because of our security. it's better to keep europe secure out of power politics. we don't want a big catastrophe again. we don't want russia getting too aggressive so nato is going to take a little more but let's remember we are doing it because it's good for us. liz: that is the point. european soldiers have fought side-by-side with u.s. soldiers in places like afghanistan. last year saw the biggest jump in defense spending in 25 years. russia still threatening the ukraine. by the way the president will meet with putin in the coming weeks. >> we will see of vladimir can behave himself. liz: what you do you expect from that summit? people are very upset excessive that sitting down with putin given what's going on with crimea. >> what putin is going to try to

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the president's has outsource positions to the federalist society and the harris foundation. never seen a president of the united states in fact make himself a puppet of outside groups and choose from a group

of right-wing fringe ideologues that are prepared. liz: you have heard at their democrats are mounting a big counterattack ahead of president trump's nominee choice for the supreme court. that choice we will hear it a few hours on the fox business network. i was democratic senator richard blumenthal. he's criticizing how president trump with a shortlist of nominees millions of dollars pouring in on both sides of the aisle. they are going to fight this nominee. richard trumka of the afl-cio is out. democrat senator patty murray gave democrats advice on how to block the nominee. watch. >> i want to talk with you about what we can all do to make it clear just how unacceptable an extreme ideological supreme court nominee would be in push senate republicans to join democrats in rejecting this kind

of selection from president trump. he's hoping to put a justice on the bench who would deny women health care rights and patients access to affordable care. we need to do everything we can to prevent that from happening. liz: this is chief justice john roberts has made it clear he is against hurting the supreme court's credibility by overturning supreme court decisions unsettled law. it's changing election cycles hurting the credibility of the court. let's pick it up with former bush 43 deputy chief of staff karl rove heard it's great to see you. your take on the supreme court fight? >> it's predictable. the democrats don't even know who it is yet but they have decided they are right-wing lunatic unworthy of service on the high court and that's a sad moment for the democratic party and the sad moment for this country but we expected it. can i give you a little bit of history here? take a look at this chart. these are george h.w. bush

republican president makes to supreme court appointments. that's an 84% of democrats supported it but the break began with a response to justice thomas. only 20% of democrats supported his election confirmation to the supreme court. on the other hand 93% of republicans voted to confirm justice ginsburg, 75% justice breyer and then we get to bush 43. only half of the democrats 51% of the democrats can support roberts for the supreme court. 9% support justice scalia and even under obama 23% of republicans support sotomayor. gorsuch's who is overwhelmingly applauded by democrats and republicans served with him on the tenth circuit only get 6% of democrats. we shouldn't expect 6% or less is what we have to expect this

time around. liz: that was one of the few times i could follow your white board there carl. i was a terrific breakdown. >> we can go back over again if you'd like. liz: we will put it on social media. what's your take away given the history of how democrats and republicans have voted for the opposing side's nominee? >> justice thomas was not supported by democrats but bill clinton democratic nominees were supported by republicans but starting under george w. bush democrats began to dig their heels in less than half of them supported justice roberts. less than one out of every 10 supported justice alito and it's got more partisan since then with less than 10%. liz: something is not working on the democratic side. they can't keep up with the music. you are looking at a potential 6-3 conservative court with ruth

bader ginsburg and stephen breyer. they could retire in coming years. i love that analysis. come back soon with your white board too. thank you. we are awaiting for the trump supreme court nominee picked. it's coming in a few hours. "fox business" is all over that one. 9:00 p.m. eastern time. stay with us. we have the expert analysis and also this campus reform is a group to look at that. they have college students saying what you think about president trump's nominee? pso made a choice yet. my panel will react after the break. stay right there.

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>> what's your ration to the justice being nominate today? >> i'm not surprised. >> it's almost at a point where you kind of expect that it's not going to be what you want. >> he is extreme in his views and i don't know but would make the supreme court very even. >> he is like a racist. campus reform they asked new york university students what they thought about president trump's pick to replace the supreme court justice anthony kennedy. they kind of set them up, that was a setup but the students responded like the choices are to be made. the president hasn't made a decision yet and in fact that tape was done days ago, days before the president finalized his choice. we are still awaiting president trump's announcement at 9:00 p.m. eastern time. that's take this up with the political power panel republican strategist and democratic

strategist harold franklin. we welcome both of you. good to see both of you. kimberly this is unbelievable what's going on at their universities. >> congratulations to them for not bursting out in laughter or tears after these conversations. these are the future leaders for our country but i would be lying if i said i was shocked. why wouldn't a trickle down to our liberal institutions? for them to be outraged over something that hasn't even happened is craziness. to me this actually proves i should have dropped my job when democrats propose they should lower the voting age to 16. this represents the majority of college students i'm wondering if a teen's old enough to though. my pick is judge thomas hardiman. i believe he aligns with my views. he is for capital punishment

which aligns with what i personally view and to me he is a great pick. he's a moderate. go ahead, sorry. liz: we want to get howard franklin's reaction here. she is making an important point. should they'd be having courses at current of current affairs at universities? >> i absolutely back college and universities making an investment in making sure students are up to speed on current affairs. our founding fathers in government past presidents and future however what we heard frankly political misinformation is old as politics itself. what we did not hear their was any one or identifying herself by dinning dying as a liberal or a democrat. this president has turned off voters from all political stripes. liz: i hear what you are saying.

>> there are republicans that are anti-trump. >> howard i have the object here. i think two of them said they would like to pick up most likely shows their minority values or their views but just because someone's skin color is different from yours doesn't mean they don't have the same values. you can be a minority and still before a nation of laws and freedom, your personal freedoms and it's still your views. for you to say that there wasn't anyone really splashing back about this they were. >> i'm still waiting to hear connection to liberals democrats and progressives. i think there's an entire special of viewpoints on college campuses. liz: if you have more information on that bring it back to us. we love have you on. president trump announcing his pick for the supreme court

justice. we are on that story. stay with us. ..

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liz: thank you for watching. charles payne is here with "making money." charles: the markets soared today in part on the strong u.s. economy. by the way, we are winning that tariff war. nigel farage is the father of brexit, can it be saved in the supreme court pick to replace anthony kennedy will be revealed in just a few thundershowers. the four finalists are believed to be thomas hardiman, amy coney