thousands of people are doing the same so they can pay for bigger meals. david: you really think so? >> absolutely. david: i don't know. this is in england. i like to know how stuart varney handles christmas dinner. >> you calling him cheap? david: no. that does it for "bulls & bears." >> another trading session for the record books. the dow, s&p and nasdaq all closing at all-time highs. the nasdaq over 9,000 for the first time in history. why ups is expecting a different kind of record. also this evening a christmas surprise goes empty. whatever happened to kim jong-un's threat of giving the u.s. a different kind of gift? plus a new year on the horizon, bringing impeachment trial to

the forefront. president trump says republicans are united but one republican senator is already expressing their concerns. hello, good evening. i'm blake burman in for elizabeth macdonald. "the evening edit" starts right now. ♪. blake: records abound. not just on the corner of wall and broad. we have it covered with jeff flock in chicago how holiday shop remembers expected to return as much as $41 billion worth of gifts. ups alone is anticipating a record amount of returned shipments to start off the year. we'll have the market reaction with gerri willis, who of course is at the big board. we begin with jeff in the windy city. hello, jeff? reporter: blake, good to see you. not just at corner of wall and broad but corner of state and

randolph. the sun setting on extraordinary day in chicago. shoppers are still out even though the sun has gone down here. 62 degrees, all-time record high made it easy for those returning their exists. this is the kickoff of the return season. we had holiday shopping season. we now have the return season. that 41 billion-dollar figure you mentioned, that is all online purchases. $41 billion worth of online purchases will be returned we believe this holiday season. that will cost online retailers about $50 billion. because, well, they have to restock. they have to turn it around, it is kind of a pain for them. when you look at online, bricks and mortar that is $100 billion of returns. that is an all-time record, up 10% we think. these are projections. there you go. i leave you with one. to me a blowaway figure as we

continue to watch shoppers here. that by the way is the old marshall fields. it is now macy's. maybe you see iconic, well, iconic clock on the wall and all the decorations. kind of cool out there. i leave you with this number, blake. that is of all the people that to got christmas gifts this year, holiday gifts. 77%, three out of for will return at least one of those gifts. 20% will return half their exists. are these ungrateful people? i don't know. or just picky? david: we all are. speaking number 62 in chicago on december 26th. my goodness. reporter: go swimming. blake: jeff flock, have a good one. to the floor of the new york stock exchange it feels like broken record to say another day of records. gerri willis has the action there this evening. gerri?

>> report records across the board. the dow hitting 23rd red colors. the 107th under president trump. s&p 500 breaking new ground, up 30 points for the record close. nasdaq through the 9,000 level, first time ever. very big day for the nasdaq. its 10th record close in a row. that is the longest stretch in 22 years. a very big day down here. a lot of optimism being propelled in part by a positive economy, strong consumer performance holiday sales, propelled by online purchases. online sales continue to set the pace, rising 18.8% for the holiday shopping season. growth of in-store sales up 1.2%. digital share of the total holiday sales, 14.6%. recession worries, obviously easing. good news also about china and trade. at the end of the day we're

seeing positive finish for what looks to be the day, the year and the decade. that could be tuesday is the last trading day of the year. so we'll get all of the finals in. back to you. blake: trifecta we'll take. gerri willis on floor of the new york stock exchange. thank you. add it up, over the last 360 days, stock markets across the globe are set to gain some $17 trillion in value this year. let's bring in zane tankel, chairman and ceo of apple metro. thanks for joining us. >> good evening. thank you for having me. blake: all of these numbers, all the records, when you see them all, hear them all, which one stands out to you? >> i don't know if i, as a businessman one more than the other. all boxes are checked. we forget about wages. they're up 7%. i do believe at lowest level of wage earners, up 7% over the last three years. we're all about unemployment.

we hear, one of the things that i believe has created a whole bunch of this stuff is positive, stuff, is energy independence. we don't hear a lot about that because oil is at such a low rate right now per barrel. however, if you don't have to worry about turning the lights on as a businessman, i don't have to worry about heat. i don't have to worry about air-conditioning. blake: interesting you say that, zane. i spent decent amount of time hanging around the white house. folks oil at 2.50, $3 a barrel, any given day you can take that as a tax cut. >> absolutely. we're talking about tax cuts. we're talking about employment. we're talking about all of the boxes are checked. and i guess, we have to lay credit at the feet of the president and his presented a administration. we had slowest turn around on record during the obama years which everybody wants to say, well it started then.

well, everything starts somewhere. but it is happening now. so maybe the turn around, if we went any lower, we wouldn't be existing today. so the upward trend may have started then but it just picks up momentum. as a businessman, i can tell you that clarity is what it is all about. we have clarity. blake: you say all the boxes are checked. >> yes, sir. blake: when we look at the holiday numbers coming in sitting here the day after christmas, when you look though at retail stores, this year over last year, down 1.8%. of course the flipside of that is to the incredible boom. people spending online, do you worry about that at all? and the fate of that portion of the economy? >> really good question, blake. a lot of our restaurants are in malls, shopping centers, somewhat dependent on that. not as much as we used to, quite candidly. what we're seeing more and more, buying, ordering digitally online, returning to the

brick-and-mortar, bringing returns we keep reading about. it takes bodies, people, circulating through shopping centers to create a decisional momentum in the retail sector. blake: funny you say that. that is what i do. what my wife and i do. we buy online. why go to the place twice, bring it to a return. i know what store i'm going to, right? >> exactly. blake: if i buy online, i go to that store, i'm getting out. might not go to the other stores in the maul, right? is that trickle across effect? >> yes and no. yes and no, get them out of the house first. >> right. >> there are impulse buys. i'm on my way to return. i don't want to give everybody a free plug where i'm returning. i pass a sneaker store, hypothetically. now i realize i need sneakers. we in the applebee's segment are somewhat of an impulse buy. you're in the the center anyway and i can tell you, blake, yesterday, christmas day i started opening our restaurant, christmas about 15 years ago.

it was unheard of. yesterday we had record sales day, not for christmas, for any day. blake: wow. >> that is folks in the malls. blake: sane tankel, good of you to join us. we appreciate it. zane tankel chairman and ceo. >> happy new year to you. happy shopping to you and your wife. blake: hope i get discounts. thanks. see ya. potential post-christmas winter storm could potentially dampen some showing. shaping up in parts of the nation's midsection could bring blizzard conditions, ice to the plains region, upper midwest as well, kind of a large swath across the country. fox news rick reichmuth at the fox weather center with the latest. rick, what are we looking at here? it seems to be across the screen in certain parts. >> will not be that bad to be honest with you. for the most part people will get where they're going but there are a couple trouble spots. point them out. this is the cold arctic air, where we like it up over parts of the arctic.

over the next week it didn't get down across the lower 48. the lower parts across the rockies but cold air staying off toward the north. because of that temperatures look pretty good. 56 in chicago the day after christmas which is absolutely crazy but with these warmer temperatures, precipitation we see will largely fall as rain on people. this is a storm we're talking about. across parts of the southwest. southern california really overnight tonight that energy will pull in throughout parts of arizona, bringing more rain, more mountain snow as well across mountains of arizona, throughout the four corners. this is the future radar. it plays out for thursday, friday, right here. thursday night into friday across the four corners. by saturday a big rainstorm across the central part of country with snow on the northern side of it. that rain-snow line will be somewhere west of the omaha area where we see cross over into snow. places like columbus, head up towards sioux city you're

probably snow. probably rain around minneapolis. rain at minneapolis end of december doesn't happen very much. same story for chicago, much of wisconsin. that is the snowy side. it will be windy. maybe a few blizzard conditions across eastern parts of south dakota eventually with this we could see severe weather. pretty heavy rain across parts of the south. overall this is not horrible, blake. a bit of a nuisance especially saturday. we had a lot of worse than big holiday storms. blake: take 62 in chicago. reading earlier, northeast might have weather spots or has that cleared through? >> this is precipitation all the way through sunday. almost nothing going anywhere across parts of northeast. far, far new england, a bit of rain. overall we're looking pretty good. temps above average. blake: rick reichmuth, thank you. coming up tonight on "the evening edit" a impeachment trial could be weeks away. one republican senator says they are quote concerned.

that concern isn't aimed at democrats but rather the top republican in the senate. north korea promised a christmas day exist. thankfully we haven't seen it. >> we'll find out what the surprise is and we'll deal with it very successfully. we'll see what happens. everybody has got surprises for me but we'll see what happens. i handle them as they come along ♪music (air pump motors)

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♪ blake: a momentary rather a big scare in japan today as japan's national broadcaster, nhk inadvertently reported a north korea missile launch only to retract that moments later. the backdrop, north korea has not followed through on quote, delivering a christmas surprise. fox news's lucas tomlinson at the pentagon this evening with the latest. lucas? reporter: blake, some japanese citizens were jolted awake sometime after midnight after alert from a major japanese news outlet reported a north korean missile had flown over the country. the report turned out to be fault. echoes of that missile alert over hawaii two years ago which also proved to be false. the u.s. military is not taking any chances. reconnaissance aircraft like this air force rc-135 have been flying missions over the korean

peninsula over recent days. their job is to monitor for unusual activity in north korea and spy on their communications. so far all is calm. north korean leader kim jong-un recently met his top military brass at another big meeting looms. the next big date to watch is kim's annual new year's day address. in the past years he used his remarks to outline goals for the following year. in 2017 kim said north korea was in final stages launching the first intercontinental ballistic missile. by the end of the year he had done it three times. including one flew 2700 miles into space, putting all the u.s. into range. he has roughly 30 nuclear warheads in his arsenal according to intelligence estimates. north korea has to prove it can do the following. launch a solid fuel long-range missile, have a warhead reenter earth from space in one piece, launch a intercontinental ballistic missile from a submarine and successfully hit a target. these are the things north korea

can do to advance the missile program in 2020. perhaps the surprise christmas gift is coming on the 20th, orthodox christmas. sometimes they can be lost in translation. blake. blake: thank you, lucas tomlinson. joining me now, current fox news contribute to, former director of policy planning a the state department, dr. iron skinner. thank you for coming? >> i hope you did as well. >> i did indeed. blake: there was a surprise kim jong-un was talking about for some time did not come. which is a good thing. why didn't it materialize? >> with the clip we listened to there is fact of a lot of work to do to build a robust nuclear program in korea to deliver targets throughout the world, principally the united states. the president was absolutely right when he assumed office, began talking about north korea as a priority, and as a threat.

president obama had said the same. but, when we look at what's happened in the past two years, north korea is much more isolated in the international system than it has ever been. that is a remarkable statement given that it has been isolated for 70 years. president trump has succeeded in building a global understanding that it represents a threat not just to south korea, to the peninsula, to japan, but to the globe. i think it understands that the world is watching. blake: the president said, he jokes, president trump said that the christmas surprise was a vase. he once referred to him as little rock met can. where are we in state of affairs? is it moving towards calling him little "rocket man" or calling a

summit in singapore? >> we don't want to come back to 2017 when we had the rhetorical discussion between the two of them that was not flattering for either head of government. there were lots of missile tests going on during that period as well. so we don't want that to happen again. i think we're in the post singapore summit 2018 world trying to figure out how we deliver on the big promise of that summit, which included the non-binding commitment to have a nuclear, get rid of nuclear weapons. blake: not so much, real quickly, so much we as is them at this point. how do you change their attitudes and thinking? >> i think their attitudes are changing. that is why we have the discussions about a christmas surprise that doesn't happen. i doubt, though i'm not sure, that they will do anything before year's end. they are isolated. i mentioned that already. the sanctions are crushing. even with the chinese and russians pulling back from the harshest dimensions of those

sanctions, they have had a huge impact, negative impact on the economy of north korea. blake: right. >> it goes on and on and on. they just don't have any allies in the world. and so, i think we're in a stronger position because of all the diplomatic work that we've done in the last couple of years. blake: not a lot of allies and we'll see what the future holds. but as you say, hopefully no christmas surprises over the next five days. >> yes. >> dr. skinner, got to leave it there. thank you for coming in. happy new year to you as well. >> happy new year to you. blake: president trump is down south while a major cloud hangs over washington. looming impeachment trial including reservation of one republican senator. ♪. (ding) but it's more than your phone,

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♪. blake: welcome back. president trump continues his florida vacation at mar-a-lago tonight. also continues to tear into democrats on twitter over impeachment. but one republican is already starting to express some concern s over how a trial could play out in the senate. fox news's rich edson with the president tonight in palm beach. reporter: good evening, blake. president trump spent a few hours at trump international golf course. he returned to tweeting about democrats and impeachment saying quote, the radical left do nothing democrats wanted to rush everything through the senate because president trump is a threat to national security. they are vicious.

will say anything. but now they don't want to go fast anymore. they want to go very slowly. liars. house speaker nancy pelosi is w holing the articles of impeachment from the senate to delay a trial there. democrats want to force senate republicans to agree to an impeachment trial that include witnesses. now one republican senator is expressing concerns with the senate leadership's impeachment strategy. republican senator senator lisa murkowski of alaska told a local television station she was disturbed when she heard senate majority leader mitch mcconnell was in total coordination with the white house on senate impeachment trial. the house democrats say more republicans will join murkowski. >> nice to see lisa murkowski come out as she does in the past. you will see romney, or lamar alexander, susan collins will come around for fairness in the process. reporter: mcconnell calls impeachment a political charade. congress returns

january 7th. blake? blake: rich edson in palm beach traveling with the president. blake. joining us house judiciary committee member, republican greg stuebe, a congressman from florida. congressman left your state yesterday. hope you had a nice christmas down there. good to see you tonight. >> likewise. blake: what do you make of the comments from lisa murkowski? republican senator alaska, she is disturbed mitch mcconnell will be juror in impeachment trial is quote, unquote total coordination with the white house? >> i think first thing that is interesting is none of this will matter at all if speaker pell lows doesn't send over articles of impeachment never before in the history of the country has the house impeached the president and house speaker held on to the articles, deciding at her whim when she will send articles over. leave it to the left-wing media to pull out one little thing in her interview, most of that interview she talked about the poor rules in the house and how the house handled their unfair

process. if you want to talk about fairness, the house process was anything but fair. the reports, the reports that i read show that mcconnell and schumer were going to agree to the clinton rules that they used in the clinton impeachment. schumer wasn't willing to agree to that. blake: you bring up the clinton rules. congresswoman debbie dingell, democrat, michigan made the point, that the clinton impeachment took place in the house in middle of december and impeachment managers weren't named until january 6th. her argument being, there is a little bit of leeway, there is a little bit of lag time. that is where they are right now. do you buy into that? >> no. i mean, from the very beginning this has been an absolute charade to the american people. the process is thats followed historically in every impeachment in the house of representatives was not followed in the house. the republicans were not allowed to call our witnesses unlike done in pass precedent. the president was not allowed to cross-examine witnesses. a whole host of things not done

in the house. we'll gloss over that, move to the senate where we suddenly want fair rules. i think they should be fair. they should have been fair in the house but they weren't. blake: congressman, mitch mcconnell said a senate trial will come first and that vote on the usmca which you voted for most all of your colleagues in the house voted for, democrat and republican, a vote will come after that. if there is not a senate trial, starting on monday, january 6th, or tuesday january 7th, very first days that congress is back in session, do you believe it majority leader mcconnell obligation to put the usmca on the floor, on the senate floor for a vote for discussion on those first days? >> my understanding the way the rules in the senate works, if he gets articles of impeachment that takes precedent from everything going on in the senate. my understand, he was clearing senate time in order to deal with the trial in the senate. so if that -- blake: what if nancy pelosi hasn't given it to him?

what if it is january 6th, january 7th, nothing is given order do you think senate majority leader needs to put that on the floor. >>? i would ask the senate leader to put it up for a the involvement i applaud the president for negotiating to deal the past year. pelosi could have brought it up 10, 11 month ago in the house. she waited until the enof the year to do it. mr. mcconnell i hope bring up for a vote if he doesn't have the articles of impeachment yet. blake: greg stuebe, from sarasota area, a lot of sunshine i can imagine. happy new year. merry christmas to you. >> you too. blake: coming up on evening edit. rare moment of bipartisanship on capitol hill with backing from the white house. the smoking age, it is set to get a bump up to 21. coming up why critics are raising questions over enforcement. later in the show, homelessness in california. the new numbers and the new law

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♪. blake: might not have noticed it, amidst all the headlines, minimum wage to buy cigarettes, and e-cigarettes just got raised, raised by congress even though those in the tobacco industry supported legislation but there is disagreement brewing over fairness and enforcement. fox news's william la jeunesse is in los angeles tonight with the story. reporter: so the good news, cigarette, alcohol, even prescription drug use among teens is down. what isn't is teen vaping. now initially sold as a way to reduce smoking, studies show 37% of high school seniors use e-cigarettes. that's up 10% from last year and 21% vape marijuana or hash oil. this exposes teens not just to

nicotine addiction but additives like thc in vaping cartridges. now it that's exposure that has killed hundreds, and prompted president trump to raise the age to buy any tobacco product to age 21. >> i think that raising the age restriction for tobacco sales to 21 is a food -- good step. it is not sufficient step to prevent the leading preventable cause of death in the country. reporter: short after ban, critics want the fda to regulate cigarettes and outflay vaping products including menthol which they consider to be a gateway to lifelong nicotine addiction. they agree enforcement is a problem. with 19 states that ban sales under 21, studies show 20% of retailers break the law. >> the kids will find a way to go through someone else to get what they want but it will definitely help making it not so

easy and accessible to walk into stores and buy at 18 years old or whatever. reporter: others see a double standard. 18-year-olds can vote, get married, buy a rifle, join the military but under last week's bill they cannot buy tobacco. >> there are multiple other things do at that age. why not smoke? your body, your choice. reporter: awareness is another issue. danger of cigarettes is well-known but a single vaping pod has the same amount of nicotine as 20 cigarettes. blake, we can expect a information campaign in the next year. back to you. blake: most likely, william la jeunesse in los angeles this evening, thank you. cars have license plates. planes have radar protection. but what 1.25 million drones here in the u.s.? the federal aviation administration is proposing new rules on drones operating in

us air space. mark merideth is here with the details. what does it say. reporter: this would impact most of the drones flying out there today, including those used commercially and private operators. faa says within the next three years it would require drones to have remote i.d. system, government, their party system would be able to track the drones where they are in the air. allowing tracking keeps operators and drone operators accountable. people complained about drones flying near their property. we got statement from transportation secretary elaine chao, quote, remote i.d. will allow faa, law enforcement and federal security agencies to identify drones flying in their jurisdiction. now this will impact some 1.5 million drones. because those are ones already registered with the faa it will impact drones a little more than .5 pounds. official site, safety and terror concerns for the rule, which is

why the proposal at this point. this is something that they will be asking for the public's feedback now for the next couple months as they want to get an idea what this rule will look like, what it will mean for the drone operators. blake? blake: what is the drone industry saying about all this? >> believe it or not the drone industry says this kind of regulation would be good for them. they believe this is something allow more businesses to get into the drone industry, whether amazon, ups, these services. they think they would make them a lot of money once this gets going but they want it sooner rather than later. they don't want to wait three years, blake. blake: that is interesting. we'll see where amazon, ups and the like go with drones what that means for everyday business. >> will be exciting. >> big business on the frontier of this. the faa weighing in today. mark meredith. good to see you. thanks. bill gavin former assistant fbi director. he joins us on the phone with his take. bill you look at this from the security aspect. what do you make of this faa proposal? >> blake, it's a little difficult right now.

i think there are some things that can go wrong, could go wrong. when you talk about the size of the drones. they will have to be tracked. they put a signal in them where they squawk like a plane does where you can track them. i can assure you evildoers won't pay any attention to that, won't reg stair their drones. if in fact manufacturer is commanded to put a tracking signal in it, there will be some way for the evil-doer to get around that. what concerns me though, is the fact that any drone under .55 pounds doesn't have to be registered. think about this scenario. somebody goes into a sports venue and leaves a huge package of something that can cause real damage if exploded. somebody goes into entertainment venue does the same thing. now i take one of these little tiny small drones that are under .55-pounds, i put detonating

device like garage door opener, or cell phone, i make that explosive in the venue that concerns me because those are not registered. blake: hypothetical scenario of course but a scary one. why do you think they cut it off at the half pound limit? >> i don't know why they cut it off at the half pound limit. i guess they don't think they can carry a package big enough to cause anything but they got to think about that small package as detonating device as opposed to the device that deliver as package that could be a problem. blake: bill, you talk about the worst-case scenario what-ifs. i know that's, that's your background. at the fbi you look into all sorts of scenarios. but be do you think this is a good first step? i think most would say that the government needed to get some kind of a handle on this? >> absolutely. there has to be a way to track all of these drones, if at all possible. and it's a good first step for the government.

my concern is, what happens outside the command realm? what happens when nobody pays attention, who should not have a drone of any size when they don't register it and can do something evil? those are things that concern me. that we have to reach out beyond what the government's doing, find out a way to stop anybody who wants to subvert the rules. blake: i'm sure they will be talking with private companies, probably one of those hand in hand things going forward. bill gavin, formerly of the fbi. we appreciate it. >> blake, thank you very much. happy new year. blake: happy new year. president trump launching new and blistering attacks on democrats over the california homelessness crisis. a new law taking effect that is supposed to make the situation better. what is that law, will it work? we will talk about it. we'll talk to a republican attorney general leading the

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some people say that's ridiculous. i dress how i feel. yesterday i felt bold with boundless energy. this morning i woke up calm and unbreakable. tomorrow? who knows. age is just an illusion. how you show up for the world, that's what's real. what's your idea? i put it out there with a godaddy website. make the world you want. ♪. blake: president trump re-upping his attacks against democratic leadership in california,

regarding that state's homelessness crisis. it is revealed on any given night in that state more than 140,000 residents are now without shelter. fox news's marianne raferty has the story. she joins us from los angeles. reporter: blake, the long contentious back and forth between president trump and california governor gavin newsom reignited over the holidays after the housing usual band develop ment released a report that homeless necessary increased 2.7%, due to 6.4% increase in california which is higher increase than all other states combined. hud secretary ben carson said in a statement, quote, homelessness in california is at a crisis level and needs to be addressed by local and state leaders with crisis like urgency. new some responded to the report that saying that the federal government needs to step up funding.

that didn't sit well with president trump. governor gavin has done a terrible job taking care of the homeless problem in california, if he doesn't fix the problem the government will get involved. followed up with a quote, speaker pelosi's district is one of the worst in the west with homelessness and crime. she it has gotten so bad, so fast, she has lost control with her equally incompetent governor it's a very sad sight. newsom followed with a holiday theme jabbed home. i imagine trump's to be the like scene, the grinch yells yells i'm an idiot and the echo yells back, you're an idiot. they have talked about fires and immigration. blake: thank you. we take it to the president's tweet coming days before a new law set to go into effect in that state which is designed to try to combat the crisis but the

question is, will it work. joining me now is the former california republican gubernatorial candidate john cox. hello, john. thanks for joining us. appreciate it. >> blake, happy new year to you. blake: happy new year to you as well. you're probably familiar with this new law. what it does, when it goes into effect it, tries to cap rent increases, 5% plus inflation, thinking being if you can stop the spike in rents in california which is astronomical to begin with, maybe then you can bring down the level of homelessness in that state. think it will work? >> no. of course the statistics bring that out, blake. i mean you saw 16% increase, part of that is the fact that since the rent control bill was passed evictions gone up, rents have gone up. of course builders around the country have a choice where to build. they will avoid california like the plague. blake: this new law, the new law also doesn't go to buildings within the last 15 years or so as i understand it too. so that is kind of one thing

that would impact as well. new building you can jack up the prices i would think. >> absolutely, blake. that's the problem. that is we don't have enough affordable housing. i'm a builder. i build and manage apartments, indiana my primary place of business. i can build wonderful apartments there for 1/5 of what it costs in california. it is not the price of the land. it is the mandates, it is the regulations, particularly environmental regulations that gum up the process and create these long delays. listen, i build in indianapolis. the people of indianapolis care about the environment every bit as much as people in los angeles but they manage to build affordable housing there. and why? because they don't have the craven politicians like mr. newsom who give in to lobbyists and special interests all day long and complain about the fact we don't have affordable housing. blake: you cite the environmental regulations but president trump in the tweet yesterday, says the federal government will get involved. could the president fix it.

>> i hope he does. blake: how? >> i think he can help first of all opening up federal facilities that are shuttered can take homeless on temporary basis. we have to have something on permanent basis. mr. newsom is not interested in that. he has to go up against environmentalists. his only response to get into a twitter war with the president. he is not serious about solving the problem. we have to build affordable units. we have to bring down the cost of regulations. bring down cost of prevailing wage rules, mandates. there is another mandate for solar power that goes into effect on january 1, that will make the cost of building even more expensive than it already is. these aren't solving the problem. mr. newsom tries to deflect criticism by getting into a twitter war with the president. blake: john, i see palm springs over your shoulder. appreciate you coming in.

happy new year. merry christmas to you. >> happy new year to you. blake: thanks, john. coming up next, republicans state attorneys general coming off a fresh victory over obamacare are looking for another big win. one of those attorneys general joins us next. so slowly overe you might not notice. but new or changing symptoms can mean your pv is changing. let's change the way we see pv. you track and discuss blood counts with your doctor. but it's just as vital to discuss changing symptoms as well. take notice and take action. discuss counts and symptoms with your doctor. ..

[♪] reporter: within the last week or so in the battle over obamacare. in the wake of last week's court decision that struck down part of the law. the ruling was, this involved the individual mandate. congress, president trump with the tax bill, they got rid you have individual mandate. it went through the court system and it says congress was able to do that. but what happens with obamacare as a whole. do you expect this to go to the supreme court? >> i think in the end, that's where we are headed. this was remanded to go back to the district court. there are several issues related to obamacare that have to be addressed. likely justice roberts will get another chance to address the

issue they addressed several years ago. reporter: i want to show you some polls within the last few months. cbs news said americans who like their health insurance. 76% was the number. fox news poll about the affordable care act. obamacare. 47% approve of it to 41% who disapprove. 57% favors making changes and keeping the law. if so many people like the healthcare they currently have, why do you want to strike down the law that's at the center of it. >> my job is the abide by the constitution. if we sent the precedent and congress can order the entire population in this country to

buy health insurance, there is no stopping them from ordering you to buy anything they decided. and the state's opportunities to do what they want, and you will see different solutions offered by different states that will provide greater opportunities and for americans throughout the country. there is an election in 11 months' time. >> because it's remanded back to the district court for certain provisions. my guess is sometime after the election. >> if it's after the election. is this an issue you expect democrats to say this is why we need to come out to the polls and over to the house? >> tough no doubt they will try it. but there are good answers about the constitution being fundamental to the folks.

we have a lot of individual states to take this on and provide different coverage. >> the attorney general of texas, ken paxton, merry christmas, happy new year. as you know, lou dobbs is next. gregg: good evening. i'm gregg jarrett sitting in for lou dobbs. president trump unleashing a twitter tirade against the hypocrisy of the radical dimms. he talked about they hit pause after months of saying it was a national security concern. his message was directed mostly at nancy pelosi. the house speaker holding on to two articles of