smart fire tvs. levi jeans will be on sale. bar barbies, hot wheels toys. levi jeans. stuart: levi jeans. i may be in there. ashley, lauren, susan one and all, thank you very much indeed. susan it is yours. neil: we're following up on the hearings continue to go on a for amy barrett. the dow is buoyed by the stimulus deal by the way might never come to pass. that doesn't seem to matter to these guys. they're optimistic just the same. remember we're starting earnings season with financials and other big players here but it is optimism about tech and a pentup consumer ready for a two-day prime day event on amazon. optimism about apple and the big 5g iphone announcement a

series due tomorrow, has got traders moving an moving, not looking back. it is an amazing turnaround. the nasdaq as charlie brady, our stocks editor reminding my staff is more than 2% away from highs that seem so far away. remember that thing really carooned, careened all the way from the highs during the pandemic. the dow already in dow in positive territory, with s&p gains up close to 10%. whatever the jitters about the election, what will happen, whether it will win, a long election count, nothing seems to matter. it is buoyed by earnings optimism. the consumer optimism. the fact we'll all be shopping like crazy and this is telegraphing strong economic numbers to come. who knows. sometimes these things can get a little manic. but this is like a good manic if you're long stocks. i'm neil cavuto.

you're watching "coast to coast." a lot of things we'll pick apart the next two hours a lot of things going concurrently. the amy barrett hearings. it is following script. democrats saying this they're against this whole thing. the republicans say they will get it done before the election. a break now. another seven senators i believe will make opening statements. i should posit to add the opening statements sometimes have gone a little over. i know that is a shock. i thought i would throw it out there. i thought i would hear from amy barrett herself. among the questioners. kamala harris is in town. she went after brett kavanaugh a memorable, exchange there. hard to hear how she will go with this one. most of the attention seems to be focusing right now when they dismissed the whole issue why they're doing this right now while republicans why rushing this. not about the religious dogma thing, not so much about abortion, again from what i'm hearing, much more about the

affordable care act and judge barrett's sort of criticism of that. long before she became a judge. so we're watching very much, very closely. hillary vaughn has more closely than anyone she joins us right now with the latest. hey, hillary. reporter: neil, you are spot on. senate democrats have been using their opening statements to make the case that the health care for millions of americans hinge on this nomination and senate republicans have said that this is just a doomsday prediction by democrats that is not going to pan out. >> there have been 70 attempts to repeal the aca. but clearly the effort to dismantle the law continues. >> democrats and their allies shouldn't claim to know how any judge would rule in any particular case. ultimately the left praised these very justices that they attacked. reporter: the case in question,

california v texas will be heard before the supreme court one week before election day which argues congress' repeal of the individual mandate, the financial fine levied bense people who did not enroll in health insurance coverage makes the aca ultimately null and void. the controversial question of court packing has come up today. the democrats including vice presidential nominee senator kamala harris argued that republicans ramming through this nomination before election day their version of court packing. senator ben sasse says filling a legitimate vacancy different than adding seats to the high court to manipulate the outcome of what the supreme court decides. >> that is a bad idea that politicizes the judiciary and reduces public trust. court-pack something destroying the system we have now. it is not reforming the system we have now. reporter: neil, we are in opening statements today. tomorrow, senators will get to

ask questions of judge barrett and it is very likely that democrats are going to try to squeeze out of the judge how she would rule on this upcoming case on november 10th but republicans argued trying to force a judge a nominee to take a position on a future case or on a political issue politicizes the supreme court and as sasse put it pretends underneath justices black robes they're really wearing red or blue jerseys. neil? neil: well-said. hillary, thank you very much. hillary vaughn. we're waiting to hear on that. john yu, former assistant deputy attorney general. big fan admirer of your thinking. help me get through where the whole process is going. a lot of people think it will be a about abortion, be about roe v. wade. from the democratic senators i've been hearing from, i haven't been wall-to-wall on it,

they seem to be targeting the affordable care act itself. maybe they learned their lesson from the treatment of judge kavanaugh in the last process but your thoughts on what you're hearing thus far? >> neil, thanks, great to be with you. this i think is good news for amy coney barrett because they haven't attacked her qualifications, her intelligence, her experience. they're actually going where they know they can't get an answer is to quiz a nominee on how she is going to rule on a case that is right before the supreme court right now. if there is any textbook example of what a judicial nominee will not answer it is questions about how are you going to decide this case coming up right now? the fact that they're not talking about abortion means to me that they're not really going to try to stop. those questions will come up i'm sure later on in the hearings over the next two days, but on the other hand the fact that it is going largely unmentioned seems to me that the democrats are probably decided not to try

to stop her. neil: you know, john, interesting thing for me, is, most of her most critical statements on the affordable care act have come before she was a judge and that is the thing about having very little on the bench history there, the few years that are remarkable and stellar that they are. they start plowing through comments she made as a professor. as she made as a add hock panelist talking about the health care act and government overreach and the rest. that is a tough one to hang your hat on though. how do you go through that. you take from her criticism the affordable care act was set up as a sign she would be antianything to help it? >> neil that is exactly the right question, that is exactly the reason why we don't expect nominees to answer these kind of questions, she is playing the role you were playing or i were playing, just critiquing what the court had done.

a lot of conservative and liberal scholars had the same view she did, chief justice roberts really stretched the law to try to uphold obamacare back in 2012 and 2014 again. but that is completely different than actually being a player on the stage rather than us watching as she should have done this different or that different. when it comes to playing the role, she has the obligation to take every case fresh, be impartial or looking at existing law. you can't say what you say as a professor necessarily dictates out come, how you will vote. as a judge, it gives you a clue how they generally think what is important or not in interpreting a new question of law. neil: yeah. i can even remember looking at some of the transcripts of ruth bader ginsburg's nomination. they all, liberal or conservative, you know, kind of had the seam out. i will have to see if the case comes up.

i'm not going to prejudge anything. so i know some of the kabuki theater behind this. i'm curious what you expect to hear out of kamala harris when she starts her own interrogation. what do you think? >> she has a tightrope to watch, walk, i'm sorry. if she goes after amy coney barrett too hard, amy coney barrett it an up standing woman, of fine character a catholic from the midwest this is not a demographic group biden-harris want to offend. on other hand to keep support of the progressive wing of the democratic party i think harris and other democratic senators want to make a stink, you shouldn't fill this seat at all. leave it open until the elections what you did to president obama four years ago? mitch mcconnell is being inconsistent. at the same time, i think they realize i think the candidate for vice president, miss harris realizes that they can't, the democrats don't have the votes

or any procedures to really stop barrett from getting on the court. they also don't want to scare off the american people by looking to radical and threatening to pack the court with six new justice as harris herself said she was candidate for mt. and many nominees for the democratic ticket said during the primaries. neil: john, one final question i had. a great profile in "the washington post" about merrick garland. as you recall barack obama's choice to fill the supreme court seat early in the year. of course that was shelved and merrick garland would not live to fight another day. one of the interesting aspects of that is how his career has grown, his notoriety has grown but the near the end of the article say it i unlikely he would ever be appointed to the supreme court today in this environment where they're seeking out younger justices no matter who the president is. in his 60s, he is deemed too old now even though we had,

have, many older justice. i'm just wondering is that your thinking too? that in the future whether it's a president biden or president trump that the push will be to install younger judges on that court, that could be there and affecting legal issues for decades to come? >> neil, i know this will be a big disappointment to but you and i are too old to be on the supreme court now, we got to give up our hopes. neil: tell me about it. >> this is where trump has really changed things. both sides used to try to get stealth nominees through people with few written records but who they thought would be conservative for republicans or liberal for democrats. that often led them to picking justices who are older. trump has broken the mold. not only appointed a large number of lower court judges, hopefully three supreme court judges, justices he is going for actually younger, like barrett

people with aggressive, well-known views. people who are not afraid to said things on controversial issues. trump has had such success. i would be shocked if a democratic president, say biden-harris doesn't do exactly the same thing. i think we'll see, as you said, neil, that trend will continue i think for the foreseeable future. neil: all right. i'm a lot older than you, young man. at least you have a shot being named to the supreme court some day. that would never, ever, happen, even if i was like 40, which i'm not. i'm 41, a couple of decades. but enough about me. john, always good. i always learn a lot. i love having you on, john yu, former deputy assistant attorney general. we're waiting to see whether this pivot on the part of democrats jells into something focusing it seems pretty clear on the affordable care act, less on some other issues. it is early. anything can, usually will happen. we have laura fink here, the democratic strategist, byron york joins us right now,

his runaway, "obsession" inside the washington establishment. the never ending war on donald trump. byron to you first, this seems to be going according to script. who am i to judge it so quickly but unless there are some other big developments here we we've seen number of democrats pivot away from issues, dogma religion issue, the roe v. wade i'm sure will come up but more on the affordable care act. that middle east be a smart strategy for them. i'm wondering how it moves the needle on these hearings, what do you think? >> well, i don't think it moves it at all. i think the hearings already have a feeling that something has a preordained conclusion here. this are 12 republicans on the judiciary committee and 10 democrats on the committee and the chances are really, really good there is going to be a 12-10 vote moving this

nomination on to the full senate. you're right about the emphasis on the affordable care act although among legal scholars there is a real disagreement whether this case coming up on november the 10th, california versus texas, would result in getting rid of the affordable care act at all but it is pretty clear as a political matter, if you've been watching the biden campaign, ever since the death of ruth bader ginsburg they have been going a lot, pushing very hard on the affordable care act and saying that this is, if president trump were able to place amy coney barrett on the court this, would be the end of your coverage under the affordable care act that has been their argument. neil: laura, i have one democratic operative on another network, i might not get the exact wording right, something to the effect we've given up on the barrett judicial appointment. she is going to make it. it will be along party lines. we don't want to ruffle feathers

ahead of an election. we're certainly confident we'll win and win comfortably. we lose this one but we get a democratic president in and we'll fight the battle in the future years on that but we don't want to do anything to rock the boat. what did you make of that? >> well, first of all i would say this, i think the, it is clear that the affordable care act is in jeopardy because amy coney barrett as a judge has said, whether it was before she was a judge or after she was a judge, has said very clearly that she disagrees with john roberts. said very clearly in no uncertain terms that she disagreed with saving the affordable care act. so i think in talking about this, it is taking a very potentially esoteric or academic issue of procedures around the supreme court justices and their nomination and making it real. we know that americans oppose this pushing through of a supreme court justice in an election year. that is clear from the polling

numbers but what is really about are the issues that americans care about every day. we know that less than a month, maybe weeks after, if she is appointed she will be ruling on that case and making a determination if 20 million americans have health care or not. we can have academic discussions about that, but that is a real life issue impacting people with preexisting conditions. especially in the absence of president trump having any plan to account for that and, he hasn't really done anything in four years around that issue. so that is, this is a real issue. let's not play like it is a parlor game. this is real issue that affects americans every single day in the midst of a pandemic. the health and safety of their families are paramount. neil: i think i was trying to get at here -- certainly help in the house. as far as whether it is going to change the outcome of the election as well i don't know but you might be right. just by bringing this issue up it might go well beyond what is happening in that judiciary

committee. but byron, i am wondering about how this plays out, if the president ends up being a one-termer he will certainly have inker chad the nature of the court for decades to come. i'm not jinxing polls or saying anything of that sort right now but, it is very unusual, the impact he will have had on, might still have again if he is reelected on the court, the highest court in the land. your thoughts? >> well, first of all, that is absolutely true. three nominations in a one four year term. what happens then is really unclear, because there isn't enormous amount of democratic base going back to the merrick garland case. remember these nominations, vote for the supreme court and circuit court positions have been knife fights a long time going back to robert bork in

1987. there are going to be democrats who will talk about taking some sort of measure like packing the court which joe biden will not commit one way or the other for. they have several things have to happen for that to happen. they have to win the white house, win the senate and the house and they also will have to, actually, went away on that. there is too many things for them to do to be able to actually make that happen. they have to kill the filibuster before they can actually get, pack the supreme court. that is going to be very difficult job. neil: yeah. i also wonder on the packing of the supreme court issue, laura, there is pressure on joe biden, should he get elected? to byron's point, you pick up the senate, hold on to the house, there are a lot of hurdles you have to go through to get that to happen. do you think it would be advisable, because the ticket won't answer this but do you think it would be advisable,

because democrats feel they're getting burnt on this, go ahead to do that, try to pack the court as franklin roosevelt did in 1937, to no avail. even democrats turned on him for that one, what do you think? >> i think it would be advisable to talk about issues that matter to the american people during this pandemic and economic crisis. i think it is advisable to continue to point out the flaws in this leadership structure, in the top of the ticket. i think it is advisable for the senator that are in swing states to talk about how amy coney barrett will most probably be nominated to the supreme court through the senate, a body that has taken zero action to pass a stimulus that affects small businesses -- neil: i'm asking specifically on, i'm asking specifically on the packing the court issue. do you think he should answer that question and do you think it is advisable yes, we do want to pack the court? we fail at this and republicans

overreached, yes, that is our next step? >> i think it is an academic exercise that distracts from the real issues that are driving this election and that will -- neil: simple question. simple question. people have a right to know. they have a right to know, do you think it is a good idea? >> i have a right to know where they will get health care after november 1th. that is what they have a right to know. neil: i got a feeling it would be waste of time but i tried. i want to thank you both very much. lindsey graham is speaking right now. he chairs this committee. can we dip into that a little bit or is he done? >> i will leave it up to every member but millions of americans going to work today in restaurants, police officers, you name it, who can't demand they won't come to work unless everybody around them is tested whether they need to or not. we're running this hearing safely. it has been set up to cdc compliant. we'll move forward. thank you. neil: lindsey graham saying no

worries about anything, anything against cdc guidelines for the hearings, distancing apart, masks the whole works. don't complain to him doing anything dangerous for people. stay with us. more after this.

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♪. neil: the hearings have resumed in washington right now. seven more senators are about to give their own opening statements here. remember there are 12 republicans, 10 democrats and those not there will be making their statements and many have already virtually. then after all of that, later on this afternoon, probably 2:00 or 3:00 in the morning, judge barrett will have a chance to say something. i am exaggerating to make the point this will go on a while. this is going on, before i get to my next guest. i want to update you on the virus, a scary situation going on in britain where boris johnson has reimposed some restrictions on a rolling basis around the country because of some worrisome spikes, particularly in the liverpool area that has seen a quadrupling in cases in just the last three weeks as a result of this will lead to bars shutting down,

gyms, shutting down, bars, i'm sorry, casinos as well. some shopping centers expected to follow suit. he has a rolling color threat level, red, orange, being the most severe, and half of the country is in the red orange phase. we'll keep an eye on that. it is not overly rattling a lot of brits who have been seeing spikes themselves, they have been taking this in relative stride. i stress relative stride. for our markets no real panic. just the opposite. there has been a lot of ebullience over the prospect of stimulus in this country and a rampage on the technology stocks with the dow up almost 300 points and the nasdaq not far from and all time high benefiting issues like amazon, last time i checked up about 170 bucks a share. apple sprinting ahead. that was up better than six bucks last i checked.

jonathan hoenig on all of this. what changed today, jonathan? what was the magic difference? >> well, neil, i mean it is once again kind of all tech all the time. look, there has been a lot of concern about stimulus, about the federal reserve, about the prospects for lasting recovery. jamie dimon talking about that. a lot of eyes on earnings. technology has been propelling the entire market forward again and again. of course there is a logical reason for that amid covid. you talked about potentially more restrictive lockdowns in europe and here at home. those are the stocks people are going to, those are the companies benefiting whether peloton at all-time high. we were making fun for the company being overpriced. that is benefiting from exactly the type of covid related restrictions. we're not out of the woods yet, technology powered the market forward, just as it has been throughout the entire pandemic. neil: when you're looking at

technology, jonathan, you know, whether it is the nasdaq 100 or almost any etf sort of pegs its success mutual funds, apple, facebooks, googles, et cetera, do you remember that as a longer term thing or get ahead of itself? how many times have we stopped ourself to say that yet inexorably marchs on? what do you tell investors? >> neil it is amazing to see how markets do change over time. technology you could say is the belle of the ball right now. it is 30% of the s&p 500 t was less than half of that even eight, 10 years ago. back then it was the financials and the energy stocks that were leading the charge. for my fund, my investors, my fears what we could see not what was dissimilar past in the 2000 bubble in 2000, a lot of these companies, whether it be facebook, whether amazon, they continue to make money but the valuations that, how expensive, if you were, if you will in the

market that they are, that is what could contract. so, you know, they say a stock is never too high to buy, neil. even i'm a little weary about some of these tech stocks given the run they have had. neil: depends on what your version of long term is, right? yeah. neil: thank you, jonathan hoenig on all of that. dow up 290 points. s&p sprinting ahead. nasdaq sprinting ahead. we'll keep monitoring this what is going on with technology and keep monitoring what the candidates are doing as they aggressively pick up the campaign activity. the president will be in florida later tonight. joe biden crisscrossing a number of battleground states. say this about biden, he does not want to repeat the mistake that hillary clinton was making four years ago feeling that it was unnecessary for her to go to battle ground states that ultimately cost her the election. he does not want to chance that. but some of these battlegrounds are fairly tight. it is anyone's guess. stay with us. ♪.

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♪. neil: all right. three weeks from tomorrow election day, hard as that is to believe especially what do you know, six million americans have already voted very as you little less than 100,000 four years ago at this time? incredible as that be, the candidates are not letting up on their own campaigns, visiting battleground states. the president later today will be in florida. joe biden, toledo, ohio. blake burman taking a look at their pretty hectic schedules over these next 21 days or so, blake. reporter: indeed, neil. the trump campaign wrapped up a call with reporters moments ago. senior officials from the trump campaign saying they plan to get president trump out on the road two to three events a day in the short term. then as it gets closer to election day, the trump campaign says they will ramp that schedule up. today as you mentioned the

president is in sanford, florida. that is the very important crucial i-4 corridor, basically, tampa to daytona beach, spots between orlando in the middle. that is where the president will be headed. joe biden making two different stops in ohio today. seemingly always comes down to florida and ohio. joe biden will be in cincinnati and in toledo. back here at the, in washington the fate of stimulus talks seemingly continues to remain in a stalemate, neil, if anything happens with it, seems as if nothing will happen at this point until after election day because over the weekend the, top two negotiators for the administration, white house chief of staff mark meadows, treasury secretary steve mnuchin implored congress to take up ppp funding to enact essentially, to let them access a pot of money that has been unused and to make legislation so that businesses can tap into that money, about 130 billion or so. they wrote to congress the following say, quote, all or

nothing approach is an unacceptable response to the american people. however nancy pelosi is focusing on a bigger package, she says the white house's $1.8 trillion proposal falls short. she wrote to her colleagues this past week the president demonstrated very clearly he has not taken the war against the virus seriously, personally or nationally. this attitude is reflected in the grossly inadequate response. we finally received from the administration on saturday. seemingly, neil, stalemate there. as for the president, he will be leaving the white house later this afternoon. joe biden already -- neil: all right. start revving up the engines. blake burman thank you very much. blake burman on all of that. iowa senator joni ernst up for a tight election battle the next few weeks. she is talking about need to remember this is harkening back to the constitution and honoring that and respecting that. we will be monitoring how these questions or more like statements, we're not at the

question phase, just opening statements. each is using their time and then some. also we are awaiting to hear from kamala harris, the california senator now, joe biden's running mate. she was a star interrogator in the kavanaugh hearings as you recall. a lot of people wondering how she will comport herself in her line of questioning later on. we'll take you there when that happens. meantime i i want to go to kelsy bolar independent women's forum, heritage foundation senior writer, much, much more. the role of women not only what they're playing on capitol hill right now, but how, women voters are thinking right now. and increasingly some disturbing signs for the president. he is losing them very, very quickly, kelsey. how would you define what is going on let's say versus four years ago? >> women certainly have been very important choice to make in this election and it is worth noting that this saturday there is another round of the women's

march scheduled to protest a female nominee to the supreme court and that really goes to show that a lot of the narratives that you hear from the media, that you hear from groups like the women's march don't actually represent women on a number of issues but they also are out there advocating against women, protesting highly qualified female nominee to the supreme court. independent women's forum is actually launching a counterprotest to advocate for more civility. women across this country want civil, respectful debates. they do not want a round two of the kavanaugh confirmation process. if that happens, it will be a huge mistake for democrats. women want to talk about policy. certainly health care is an important policy for americans to debate but it is not the job of amy coney barrett to forecast how she would rule on a specific

case such as health care. that is an election issue. certainly at the top of minds of women and it is worth noting, often the heads of the household, often taking children to the doctor's office, facing a lot of restrictions that obamacare has, has caused in lack of network, lack of access to doctors, higher prices. so yes there is a lot of sympathetic health care, health care stories being told today by the left but, we need to remember that the affordable care act is not affordable for millions of americans. neil: yeah, that is something that judge barrett said before she was a judge, that it was misnamed. but i am interested, kelsey, there is a great deal of support, admiration for judge barrett as a person among women. i'm talking about women regardless of their political views but not so for the guy who

chose her, donald trump. i'm wondering whether that is just the way it is and how does the president or can he get some of that goodwill? because he hasn't thus far among female voters who have high regards from her, what they heard already, not so much from him, what they have seen already, what do you think? >> neil, on that front it reminds me of the vice pre deposition debate. elections are not about personality, it is about policy. vice president mike pence was so articularly so able to contrast the policy differences between the trump administration and a would-be biden-harris administration. the biden-harris administration is trying to mask the most extremely progressive policies we might see such as packing the court, such as abolishing the filibuster which would fundamentally transform our american democracy and our

ability to have checks and balances. so it is important for american voters, specifically women to look at what the democrat operatives behind the scenes are saying. i think these candidates on the left are leaving a lot of the most extreme rhetoric up to the media. neil: you think there might be -- we talk about a secret trump vote but there might be a secret trump or little bit more of a trump female vote than these polls generally say? >> absolutely. we know women face a lot of backlash when they come out supporting the president. we know, i'm a perfect example. witnessing violence happening in my backyard all summer due to the protests that the left has not strongly condemned and women are seeing that. they can't, they can't hide that. and their response instead of going to social media and virtue signaling, they will go to the

polls and make their voices heard more quietly, but ultimately when the decisions come in, it will be loud, it will be a silent majority. neil: we'll see. kelsey, thank you very much. good talking to you. so the hearing goes on and on and on to kelsey's point here. we have lot more coming up. wondering what is going on the conner of wall and broad. there is a lot more buying and selling that is the cheap description. a lot of technology buying the hope something will be done not necessarily on the amy barrett situation. that seems to be a foregone conclusion, barring any developments she will become the next supreme court justice. what is happening on the stimulus front, still optimism something can be cobbled together. the issue can be cobbled together by election day. mitch mcconnell says no way. the markets don't seem to care. we're also on jamie dimon warning about the virus and everything else. it will be at least until the middle of next year before we're back to normal. i immediately thought after that, exactly what is normal?

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♪. neil: all right. the attention is on the big banks as the earnings parade continues right now. it actually kicks off. normally a lot of them kick it off for us. while some are expected to report pretty good numbers here and are, do not necessarily think that is, you know, a sign of future events. charlie gasparino has been looking at this very, very closely. you know charlie is a very busy guy. he writes an outstanding column not only on fox news, fox business, but "the new york post." he makes an incredible pizza but i digress. the man is everywhere. but what do you got on the bank stuff? this is -- [inaudible] >> [inaudible] neil: indigenous people.

>> columbus day, my paison. we do celebrate around here excel great both, celebrate both, right. >> this is somewhat after counterintuitive story. bank profits have been up pretty good. market has been up last couple weeks. the trump stimulus plan, the covid stimulus plan has injected a lot of liquidity into the markets but here is what we do know, the banks are planning behind the scenes for job cuts. they could range anywhere between modest and significant and there is a couple of reasons why i'm getting that they're doing this i'm getting this from senior executives at all the big banks. number one changes in the business. there are changes in the way banks can run themselves these days and some of the other changes, like the fact that you're having direct ipos without the need of bankers involved. companies go right to the exchanges. and the covid lockdown taught

banks how to work remotely. they needless staff. they needless real estate. from what i understand, that at these big banks there are major plans to cut the workforce. again we don't know how deep it is going to be but it is going to come and it is likely to come in the new year. why is that? the banks are worried about optics, neil. what they're essentially saying when the year's over, maybe when covid resides a bit, that is when they start looking at what is known as headcount and that is when you could see some layoffs. there are a couple of trends here, neil. covid did expedite some of this. banks are always looking to cut costs. they realized they can work with a lot less and they did pretty well over the last couple months, having, let's face it, 25% of their workforce maybe in the office. that's number one but number two, at some point the fed, all the liquidity measures that the fed has taken will wear off.

you will have to rely on the economy. the economy will still be somewhat hampered, if joe biden gets elected, people forget if you bring in joe biden with an activist senate that is democrat, could you have a cutback it in deal-making. there will be more of an activist role of the justice department. what i understand, from the coast is clear, they're very worried about optics, every bank will start looking at head count. that is probably in the new year. neil, back to you. neil: charlie gasparino on all of that. the dow up about 317 points. we're waiting for kamala harris. she is sort of the questioner de jure that everyone has been waiting for here. remember how she went after brett kavanaugh. a lot of people think she has a different strategy for dealing with judge barrett. we shall see. ♪.

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talking about? >> i'm asking you a very direct question, i'm moving on. clearly you're not going to answer the question. neil: that is how it went a little bit last time with bret kavanaugh. he ended up becoming a supreme court justice nevertheless. she is back, kamala harris to question judge barrett. how will that chemistry go? she is brilliant interrogator, sometimes, sometimes the message can get a little overheated. we're on that after this. metastatic breast cancer is relentless, but i'm relentless too. because every day matters. and having more of them is possible with verzenio, the only one of its kind proven to help you live significantly longer when taken with fulvestrant, regardless of menopausal status.

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♪ goes to the top of the hour he here, the confirmation hearings for judge amy barrett, we are waiting for probably the most scrutinized question of them are all, kamala harris, who is a litigator, she will be asking a lot of this herself but this is more of an opening statement, they are all getting there shot and they are using it to the max. my friend says about these and other things, it's about math, math, math. the numbers are just not there to deny any barrett, the supreme court c. we are early in the process. what's the latest? >> just opening statements this

first day of confirmation hearings today for amy coney barrett, who will get to her opening statement this afternoon. most of the attention so far has focused on obamacare and coronavirus. that's central to this hearing here. the reason is because the high court is going to take up an obamacare case on the tenth of november. here's amy klobuchar, a democrat from minnesota. >> we cannot divorce this nominee interviews from the election we are in. we didn't choose to do this now, the supreme court nomination hearing in the middle of an election because my husband got covid early on, he ended up in the hospital for a week on oxygen with severe pneumonia. >> the senate is focused on raising forward with the supreme court nominee. >> chris coons said were pelicans are trying to frame the hearing around a hypothetical academic debate when they should

explore policy. pelicans defended their efforts to confirm or quickly just before the election. >> the senate doing its duty constitutionally. there's never been a situation where you had a president of one party and senate of another with the nominee, the replacement was made an election year, over 140 years ago. there have been 19 vacancies filled an election year, 17 to 19 were confirmed the court when the party of the president and senate were the same. >> the hearing looks different than any other confirmation hearing. public is barred from attending due to the pandemic and police arrested 21 demonstrators outside the office building this morning. gop utah senator mike lee who tested positive for coronavirus, a doctors note indicating he was healthy to participate. hearing looks a little different because you have a couple of senators beaming and remotely,

thom tillis republican from north carolina who tested positive a week and a half ago and patrick leahy from vermont. he's expressed concern about the health and safety of the hearing and kamala harris was here in the building, her office is just down the hall from when there conducting the hearing but she's going to be in remotely as well. they want to try to move the nominee two weeks from thursday and put it on the floor at the end of the month. there could be concerns about other coronavirus cases quarantine. can't vote remotely on the senate floor, they need numbers to be the to constitute a quorum and committee and put on the floor and also senators to vote. neil: if you have to be there for the big vote, that's very, very interesting. thank you. the former deputy assistant general is here. tom, i didn't know that other aspects, they have to be in person for that vote, a couple

of senators sidelined positive case of coronavirus, i don't know where they are right now and -- i'm forgetting his name but senator from utah, they are both out of the mainstream in the beginning. how will that affect things? those are crucial votes you would need, right? >> they would be crucial votes. republicans here are operating almost zero margin of error. my guess is if and when it comes time they need to be there in person, republicans are voting to be there in person, they understand the importance of the vote, significance for the future of the country and they will be there, i am confident. neil: mike lee was the name that

just came off my quickly deteriorating, agent name. let me ask you about this process and what will work versus what what will. the democrats certainly indicates barrett when she was going for the appeals court position was that they made about the vision and the dogma lives strongly within you it was a bit overkill. telegraphing on their opening statements, they seem to have made the pivot for the affordable care act with the prior statement the judges made even before becoming a judge, critical of that might be more focused and publicly beneficial attack line. what you think? >> it certainly seems to have abandoned the religious line of attack which is the right decision. it's interesting that what we have seen so far, the democrats

to see intent on making the confirmation all about the affordable care act. i think that's probably a strategic mistake here. this is the one thing for senators to ask the nominee questions about how she interprets the law, how she interprets the constitution, how she envisioned the role of a judge in this whole confirmation process down to about in a single case, i think it is very likely they are not going to strike down an entire affordable care act but they are putting their eggs in that one basket and it's not clear to me that message will resonate with the american people. neil: much like the abortion case, immediately come in and overturn roe v. wade, the fear liberals have had, they go too far here or take it apart at the edges. what you think? >> i think that's what they do. i think the strategy is basically to focus on preferred policy outcome. if you confirm justice barrett,

she will vote to strike down aca and that is not the right way to think about how a supreme court justice goes about his or her job. judge barrett has testified, she's not there to act preferred policy outcomes, she is there to apply the rule of law for the u.s. that's the role of a judge, not to vote for whatever policy. neil: thank you. kamala harris is getting her questioning and motley. let's listen in. >> our nation is facing a deadly airborne virus. his midi has ignored commonsense request to faith including, not requiring testing for all members. despite the coronavirus outbreak among senators of the committee. in response to the outbreak, the leaders of senate republicans rightly postponed business on the senate floor this week to

protect the health and safety of senators and staff. for the same reason, this hearing should have been postponed. the decision to hold the hearing now is reckless and faces staff and aids and capital police at risk. not to mention that while tens of millions of americans are struggling to pay their bills. the senate should be prioritizing coronavirus relief in providing financial support to those families. the american people need to have help to make rent or mortgage payments. we should provide financial assistance to those who lost their jobs and help parents put food on the table. small businesses, cities, towns and hospitals, this crisis has pushed to the brink. the house bill would help families of small businesses get through this crisis but senate republicans have not for 150

days, which is how long the bill has been here in the senate to move the bill. yet, the committee is determined to rush the supreme court confirmation hearing through in 16 days. the publicans have made it so clear rushing a supreme court nomination is more important than helping and supporting american people who are suffering from a deadly pandemic and devastating economic crisis. their priority are not the american people's priority. but for the moment, senate republicans hold a majority in the senate and determine the schedule and here we are. the constitution of the united states trust the senate, the following duty to carefully consider nomination for lifetime appointment, the u.s. supreme court. the senate majority is rushing the process and jamming resident

nominee to the senate while people are actually voting, just 22 days before the end of the election, whether 9 million americans have already voted and millions more will vote, the illegitimate committee process is underway, a clear majority of americans want whoever wins election to fill the seat. my republican colleagues know that. yet, they are deliberately defying the will of the people to roll back the rights and protections provided under the affordable care act. let's remember, in 2017, president trump and congressional replicants repeatedly tried to get rid of the affordable care act. but remember, people from all walks of life spoke out and demanded republicans stop trying to take away the american

people's healthcare. republicans finally realized the affordable care act is in congress so now they are trying to bypass the will of the voters and have a supreme court do their dirty work. that's why president trump talked to only nominate judges who will get rid of the affordable care act. this administration with the support of senate row publicans, will be in front of the supreme court november 10 to argue the entire affordable care act should be struck down. that's in 29 days that will happen. that's a big reason why senate republicans are rushing this process. they're trying to get justice onto the court in time to ensure they can strip away the protections of the affordable care act. it will result in millions of people moving access to healthcare at the worst possible time, in the middle of the

pandemic. 23 million americans could lose their health insurance altogether. if they succeed, they will eliminate productions for 135 million americans with pre-existing conditions like diabetes and asthma, heart disease or cancer. it will include over 7 million americans who have contracted covid-19. insurance companies could deny your coverage or sell you a plan that won't pay a dime anything related to a pre-existing condition. at the affordable care act is struck down, we will have to once again pay for things like mammograms and cancer screenings and birth control. seniors will pay more for prescription drugs and young adults will be kicked off their parents plan. these are not abstract issues, we need to be clear about how overturning the affordable care act will impact the people we

all represent. for example, 11 years old living in socal, michael. she enjoys being a girl scout in reading and eating pasta and baking. her mother says the only reason she's able to live her life as she does now is because the affordable care act guarantees her health insurance cannot deny her coverage will limit her care because it's too expensive. she has a congenital heart defect. she goes to multiple specialists throughout the year gets an mri with anesthesia every six months. i just 11 months old, her family had already hit $50000 in medical expenses and her biannual mri cost $15000 so correction, by 11 months old, she hit $500,000 in medical

expenses. if republicans succeed in tracking down the affordable care act, insurance companies will be able to deny coverage for children with serious conditions. children like her and parents will be on their own. no one should face financial ruin to get their child, or their spouse or parent, the care they need and no family should be kept from a doctor who getting treatment if an insurance company says there treatment is too expensive. and america access to healthcare should not be determined based on how much money you have. healthcare and access to healthcare should be a right millions of children protected by the affordable care act known with this supreme court nomination was at stake. there's more at stake. throughout our history,

americans have dropped cases to the u.s. supreme court in the ongoing fight with civil rights, human rights and equal justice. decisions like brown versus board of education that open up educational opportunities for black boys and girls, roe v. wade, that recognizes the women's right to control her own body recognizing love is love marriage equality is a law of the land. the united supreme united states supreme court for equal justice when our constitutional rights of the being violated. justice ruth bader ginsburg devoted her life to fight for equal justice and she defended the constitution. she advocated for human rights and equality. she stood up for the rights of women, she protected workers, she fought for the rights of consumers against big corporations, she supported lgbtq rights and she did so much

more but now, her legacy, and the rights she fought so hard to protect are in jeopardy. by replacing justice ruth bader ginsburg with someone who undo her legacy, president trump is attempting to roll back americans rights for decades to come. every american must understand that with this nomination, equal justice under law is at stake. our voting rights are at stake. workers rights are at stake. consumer rights are at stake. the right to safe and abortion is at stake. holding corporations accountable is at stake. again, there is so much more mr. chairman, i do believe this hearing is a clear attempt to jam through a supreme court nominee who will take healthcare

away from millions of people during a deadly pandemic is already killed more than 214,000 americans. i believe we must listen to our constituents and protect their access to healthcare and wait to confirm a new supreme court justice until after deciding who they want in the white house. thank you. >> thank you. senator kennedy. >> you have a beautiful family. neil: for kamala harris, we got pretty much what we expected. this was more a statement about the direction she would prefer this go, not so much about abortion although she mentioned it a number of times but the affordable care act, it went over all that and a number of provisions in the law including pre-existing conditions and the

like that are not at jeopardy right now but she wanted to indicate that if judge barrett could call it into question, even long before she became a judge, she was critical, a key decision made keeping the affordable care act in place of kamala harris' way of saying this is something that would only get worse if she were to make it to the high court or the direction publicans want to take it but it's nothing to do with religion or dogma or this other stuff a lot of people initially might come up with this but how it pivots to the affordable care act jeopardy involved in that. bill joins us, white house reporter. it is definitely a different strategy than we thought used against judge barrett when she was going for the appeals court job she got overwhelmingly but the strategy now seems to be on democrats to do the math,

realizing the numbers. this woman would be in the state, this will be for them, to be a campaign issue. we might lose his seat here, the supreme court seat to president trump's pig but we are going to win on the argument that will resonate three weeks from tomorrow. what you think? >> i think we saw from senator harris the was an acknowledgment that senator feinstein was the one who catapulted at judge fair into the sort of stardom. the nominee has legal credentials from a conservative perspective but what elevated her above all else was the religious attack the last time she stood for confirmation and what we have been hearing so far this money is democrats have steered clear from questions about her faith, we have not heard anything about dogma. they've been making policy arguments about obamacare, coronavirus, not necessarily about the nominees prudence, i

think the earlier analysis was spot on. neil: a great deal has been written over the last few days about this religious group, the catholic church that by the way it is not a crazy side worshiping, sort of trial pope himself supports it but that aside, it doesn't look like they are and you bother with that. i'm wondering, is it about the funding part and the role judges or justices will play on these various mechanisms? bit by bit, that is the question. the irony has been john roberts, held back on that push to defund this take away revision that's vital to his success so that's something maybe barrett has criticized in the past, the

chief justice himself, do think this will come up this time. >> absolutely. no one has any illusions about what is at stake here, republicans and democrats realize one seat on the supreme court can change the direction of that branch of government for a long time. what's interesting about what we just saw is you couldn't ask for a better encapsulation of 2020 and the split screen between senator harris in her office and judge that. you have the senator zooming in who had a little bit of audio problems earlier on, judge barrett wearing a mask, this is very much an encapsulation of what we've seen so far with the pandemic 2020, with everything so i think that is why democrats are making a political argument here about rushing the nominee about what's at stake. i think they are very clear eyed

about the political arithmetic, they saw with what happened with gorsuch, they don't think they can actually stop her nomination but they do think they could win ahead of the november election and i think that's what their hope is here. this might be some action for them to help biden and harris get to the white house. neil: you mentioned a good thing, the only thing i could imagine to stop it is broken senator or senators unable to show up in prison about, they have to show up in person but that seems unlikely right now. >> yes, senator ron johnson said he would show up in a space suit to cast his vote if he had to. we all sort of chuckled but some senators might actually do that for progression. unprecedented times here. i think something that should be

noted is just about every senator who is engaged in this hearing has been involved in a senate judiciary hearing earlier in the year when the pandemic was still a thing so there's a bit of chicanery for some who would claim this is putting folks at risk with having similar hearings throughout the year. neil: more than a few of them. we'll see what happens. much, much more. great interview. taking on the powers. in the meantime, we are moving up, nothing to do with concerns about judge barrett, she hasn't even had a chance to speak. opening statements are still being made here but a lot of this has to do with growing optimism some of this deal can be had. it's extremely unlikely there, the two sides and the total cost

of this, they don't agree on the particulars but what could be the optimism ahead of third-quarter earnings reports. they will still be down 20% from where we were a year ago, that is not the big surprise but those estimates have improved dramatically. in the summer, we expected them to slide about 30%, some were saying maybe 35, 40% but growing optimism that companies are coming back and we might see hints about their earnings over the last three months. that and a lot of technology companies off to the races acquitting amazon. expecting $10 billion in revenue as a result of that 48 hour by. midnight tonight beginning. stay with us. ♪

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neil: no worry about what's happening in washington today, it is a fact we still don't have a stimulus plan from wall street things we might, it is just the start of the judge amy coney barrett supreme court hearing, most investors seem to think she will become supreme court justice. the catalyst for a lot of this seems to be a big comeback and technology and optimism over amazon and it to day crime of it, analysts saying they could score up $10 billion in sales over those 48 hours. optimism as well tomorrow with apple's announcement of a new iphone supposedly 5g ready, it will be pricey but the demand is expected to be there. technology stocks are in a world of their own, every time they

been offered, they've had a way of coming back. optimism is optimism about earnings in the third quarter and related issues right now so it's not going to be really as bad as people were thinking earlier in the summer when they were saying it could be 30, 45% and get the year prior. it seems we were in the 20%, even that could change. we got down here, clear politi politics. crunching the numbers for us, let's begin with you, what is driving the dow right now? well into positive territory, s&p got close to 10%. nasdaq not far from a record, what is going on? >> what i think is happening here is this is a market what's happening in washington for the moment, is looking what is happening in respect to the economy, reopening in america and earning season. while we expect to still seek

declines, this is not an overnight miracle to get out of the pandemic. while street does things things are steadily improving and the trajectory is for the recovery wall street was hoping for so that's what i think you're seeing reflected in the market today. the washington pieces added in, we got the confirmation hearing underway and i think wall street things this may push through so if there is a problem with an election or anything is contested, this would be the deciding vote of this judge that probably would help president trump so that would keep consistency throughout, whether you like his policies or you don't, wall street tends to think about how the market will react to that, how companies will react and i think that it is what you are seeing with this gain in the dow. neil: interesting. john, another argument is technology, if it's joe biden elected, and let's say democrats take the senate, you could make

a credible case, it will not be a favorable environment for companies. many have been targeted. what is going on here? >> it makes me thinks the market no something that pulling data don't know. markets have been rallying throughout this and i think that is their way of saying elections are a lot closer either republicans keep the senate the expectation is that donald trump will win. i do not by that this is stimulus related because human is as a consequence of economic growth. in countries where there is economic growth, governments can spend money wisely so the idea government could basically take money from the private sector words use productively, redistributed and encourage the economy and markets define common sense. i think this is a rally about something related to the election and maybe the hearings today, maybe they are better

than expected. neil: what about stimulus, does not have any role to play? someone had a phone call today, someone said hello to someone today or whatever, what you think about back-and-forth? >> i'm going to backtrack for a second, in respect to president trump blowing up the stimulus deal or calling for the time being, that is part of his negotiating style and i think he is sending a message to the market where some people were interpreting this is the markets going up, joe biden will win in a stimulus package will come early next year. when he called off in the market drop off 600 points, you realize that is not what the market takes, they do want the siemens package as soon as possible. what trump is doing and pelosi is doing, it is typical in their style of trying to get the but it is believed something is happening behind the scenes and each night is holding out to get closer. it's not a marketing we can wait

wait for stimulus until next year even if it's february or whatever, it's a market that wants the stimulus this year. neil: sometimes we assign a lot of methods to the madness as part of the president scrubbing, but sometimes it could just be madness. i'm curious what you make of the market going forward for the rest of the year and where it is headed. this has been a remarkable here and with stocks coming back from since the market lows, it's sunny but what you see happening now? >> markets are always a snapshot of the future, they never price in the present and that's why they can rally during all times, lockdowns that are not good for the economy were probably so i think there is broad optimism about what is ahead. whoever wins this election, donald trump can't get a lot done, he's a polarizing figure. i think the same thing about joe biden so when washington is

basically in gridlock, when both sides are at odds, that is the greatest. for economic growth simply because washington acting as a barrier growth. the idea in an economy or market would be enhanced by government arrogating more of the precious resources creating the private sector defies basic common sense. more nancy pelosi mitch mcconnell encourages markets, more freedom. neil: audit. i want to thank you both very much. we got even a little higher as we were speaking. 345 points. we are monitoring in washington with judge barrett hearing. these speeches from these numbers remotely or there, 12 republicans, ten democrats. we got free to go and that's her chance to make her opening. stay with us. ♪

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little more than three weeks to go until election day, candidates are easy traveling, joe biden ohio, battleground states, that is if you can count on it over the next three weeks. battleground. here's the latest from orlando, florida. >> we are trying to get a sense all week long florida's economy and political environment. we are at sea world talking tourism and there are people here on this columbus day holiday but the numbers in terms of the volume certainly would be down, as you would expect compared to what we see in quote unquote, normal times. this is all down, hotels, occupancy would represent. traffic on 50%. this is 67% so that means fewer

jobs obviously in the metro orlando area saw unemployment rates at an unbelievable 21.1% in may. we now are starting to see people come back, signs of improvement, 11% at last check the orange county mayor jerry was telling us, the economic recovery here will still take some time. >> we seen $1.7 billion impact, add in the impact theme parks and other industries, a multibillion-dollar impact so we believe our recovery will be one will be u-shaped as opposed to v-shaped, will likely be three to five year period. >> for other democrats, what is not clear is whether all of that translates into success for the favorite candidate, joe biden.

the president, look at the polls, still has strong approval numbers when it comes to his handling of the economy. he does have other challenges here in florida. look at this detail throughout the week. voters, 65 years of age and all, it's so important president trump's success last time around. talking to them, some tell us they're not supporting them anymore. usually when they say that because it's the handling of the s. some have different reasons. yesterday somebody said they didn't like comments attributed to the president about the military senator john mccain so we are going to watch that, the last few weeks of this campaign, an important block. president trump won florida by 100,000 votes but he one senior citizen vote 300,000. polls show he and biden are neck and neck. you would think, in his first rally since contracting covid will be tonight not far from here we will see you throughout the week from the state. neil: great job. 4:00 p.m. on after the bell is

always everywhere. in the meantime, we are watching joe biden very closely, he is in ohio. the latest on what his plans are. hillary. >> democratic nominee joe biden is in a tricky spot because he's trying to clarify why and how his position on fracking has evolved from the primaries when he tried to go toe to toe with progressive bernie sanders. today is now clarifying his past position. >> i'm talking about stopping fracking as soon as we possibly can. the possible fossil fuel industry, they are going to stop destroying this planet. notice, but about it. >> no more fracking. >> look in my eyes, i guarantee you we are going to end fossil fuel. >> no matter how many lies he tells, i am not, not, not

standing fracking. >> joe biden's plan is clear, he wants to mood move through a fossil fuel future to cut on the climate. wants to eliminate power plants and require all electricity to move away from oil and gas. the idea some pennsylvania manufacturers on edge. they would have to move their operations overseas if they had to rely on less reliable energy like solar or wind. the ceo of the manufacturers told me would be a win for beijing because they are the largest producer of wind turbines, solar panels and batteries. neil: thank you very much. i want to keep you updated on the virus, we are not ignoring that, that is very evident on capitol hill with everybody wearing masks but in london, boris johnson has had to reimpose surgeons, bars and

restaurants and other social outcries. there's something about schools so far because of spike in cas cases, they have color-coded this. for about half of england, they are in orange or red. the highest level in a series spike in cases that have some wondering if it happened over a year. in some spots it has but not like over there. after this. ♪ ♪

concerns about the virus but i also wonder if people are impacted by the images, protests and everything else and rise in crime. >> i would suspect you will are going back to new york and right now, there's going for i don't know how many states right now but the majority of the country is not even allowed to come to new york. neil: audit, many other establishments from of the boathouse in new york central park, a popular restaurant wedding of it and you getting people are, an environment where you can have many people gather together so he's just waiting and waiting for tourism to resume, for life as we know it to resume, or at least knew it.

good luck on that front. big apple and christina is there with details. >> you have signed behind me but the impact, drop of tourism is plainly obvious here in times square on broadway for businesses disproportionally rely on tourists as well as office workers in the region. according to the times were aligns, but traffic is down 72% this year compared to last year this time. you got major new york city events being pushed back, macy's day parade to open to the publ public, times where, big all drop new year's eve is not going to be open for the public as well. you mention the boathouse in central park, 96 years, will be closing doors. you've got broadway. a lot of tourists come to new york for. broadway just announced they are going to push back their reopening until at least july

2021. broadway tribute roughly $15 billion to the economy, this was last year's number. employing over 96000 people here in the city. that revenue is gone. >> most people think of broadway as this industry. what they don't realize is broadway sales tickets on an annual basis in all ten professional sports teams. added together. not only do we sell more, we sell 25% more tickets. that says how widespread the economic generator is. >> the country major metropolitan cities are headed toward financial version ruin it could have repercussions all across the state. here in new york city, york city contribute to roughly $8 billion in sales tax revenue compare that to the entire state, this deity is contributed 50% of the

state total. in a recent report, the state comptroller says the physical health of local governments is at risk. the city has just launched a brand-new working tent camping targeted to domestic travelers and red local residents opened the road to recovery is local but with so many store closures, broadway closed, the impact of the drop in tourism is so obvious you have the threat of further shutdown. neil: incredible. weekly on the crime and turbulence issue, it calmed down a bit but not a lot. it's got to be another catalyst keep tourists away, right? >> right. the higher crime rate, drop in population and high unemployment are additional factors to the -- i want to say the demise but definitely the drop in people staying here, the vacancy right now is almost 6% right now, to.

neil: incredible. you very much. abandoned broadway and will be at least to the middle of next year. can you imagine? if this is a concern for investors today, they don't seem to be showing up. come back in technology shares, a big comeback. amazon and apple leading the way. apple has a big announcement tomorrow, presumably a new iphone with bells and whistles. susan, very tightly connected with the company. here's the latest on what they think might be debuting. >> including you as well, the most important i felt event in years according to morgan stan lee and yes, the start of the 5g super cycle. four different phones will be launched in three different sizes, and many 5.4 inches, two

at the average of 6.1 inches and propac iphone should go up to 6.7 inches and that would be the biggest screen ever for the iphone. they are having every design, probably the biggest the iphone ten in 2018. latter edges, and many ipad. it's most excitedly, the biggest year for iphone sales and could even challenge the record in 2018 or more than 231 million iphones, 220 million in the next year or so, that would be up 25% from current levels. the 5g depending on where you are, big cities, countries. speed of maybe ten to 100 times faster but if you are in rural parts and you don't have 5g yet, is might be a little more regular and average but if you talk to experts is an interesting quote apple feel from strategy analytics, the 5g gamble for apple is like having

a ferrari but you don't have the speed to maintain it. neil: thank you. they are swearing and judge amy barrett right now. let's listen. >> the floor is yours, judge. >> ranking member feinstein and numbers of the committee. i'm honored and humbled to appear before you today as a nominee for justice of the supreme court. i think the president for entrusting me with this found responsibility as well as the graciousness he and the first lady have shown my family throughout this process. i think senator young for introducing me as he did at my hearing to serve on the seventh circuit. i also think senator braun for his support.

while she could not be with us via satellite, i am also grateful to former dean of the notre dame high school. she hired me as a professor nearly 20 years ago and she's been a mentor, colleague and friend ever since. i think the members of this committee and your other colleagues in the senate who have taken the time to meet with me since my nomination. it's been a privilege to meet you. as i said when i was nominated to serve as justice, i'm used to being in a group of nine. my family. nothing is more important to me and i'm very proud to have them behind me. my husband, jesse and i have been married to one years. he's been selfless and wonderful partner every step of the way. i once asked my sister, why do you think marriage is hard?

people are always saying that. i think it is easy. she looked at me and said, maybe you should ask jesse if he agrees with that. i decided not to take her advice because i know i am far more in love than i deserve. jesse and i are parents to seven wonderful children. our oldest daughter, emma is a sophomore in college who just might follow her parents into a career in law. next is vivian who came to us from haiti. when vivian arrived, she was so weak we were told she might never talk or walk normally but now, she deadlifts as much as male athletes in our jim and i sure you she has no trouble talking. tess is 16 and while she shares her parents love for the liberal arts, she also has a gene that seems to have skipped her parents generation. john peter joins us shortly after the devastating earthquake in haiti. jesse, who brought him home, still describes the shock on

once that shock wore off, jp assumed the happy-go-lucky attitude that is still his signature trait. liam is smart, strong and kind. to our delight he still loves watching movies with mom and dad. 10-year-old juliet is already pursuing her goal of becoming an author by writing multiple essays and short stories, one which she recently submitted for publication. our youngest benjamin is at home with friends. benjamin has down syndrome he is the unanimous favorite of the family. he is watching the hearing i'm told and he was calling out our names as he saw the kids in the back. my own siblings are here. some in the hearing room and some nearby. carrie. >> megan, eileen, amanda, vivian, michael, are my oldest and dearest friends. we've seen each other through the happy and hard parts of

life. i'm so grateful they're with me right now. my parents, mike and linda cone any coney are watching from their new orleans home. my mother was a teacher and my father a lawyer which is why i became a law professor. my parents modeled for me and my six siblings, a life of services principle faith and love. i remember prepared for a grade school spelling bee against a boy in my class. to boost my confidence, my dad said anything boys can do, girls can do better. at least as i remember it i spelled my way to victory. i received similar encouragement from st. peter's dominican my all girls school i went to in new orleans. when i went to college i didn't consider girls less capable than boys. i took a literature filled with upper class english major, when i did my first presentation on

"breakfast at tiffany's" i feared i failed. but my professor took the time to talk to me and she filled me with confidence how well i had done and she became a mentor and i graduated with a degree in english. she gave me truman capote's collective works as a gift. i considered graduate study in english i decided my participation was reciting statutes and novels. i was fortunate to have wonderful relate mentors in particular the judges who i clerked the legendary laurence silberman of the d.c. circuit and gave me my first job in the law. he continues to teach me today. he was beside my side at my seventh circuit hearing, he swore me in at my divestiture and looking at me in his leave living room. i clerked for justice scalia

leah. like many earth i knew the justice before i ever met him. i read so many of his colorful successful opinions. more of his style of writing it watts content of justice scalia leah's reasoning that shaped me. his judicial philosophy was straightforward. the judge must at ply the law as it was written not as she wishes it were. sometimes that approach meant reaching results he did not like what he put it, in one of his best-known opinions, that is what it means to say we have pa government of laws and not of men. justice scalia taught me more than just law. he was devoted to his family, resolute in his beliefs, and fearless of criticism. as i embarked on my own legal career, i resolved to maintain that same perspective.