the pets. we like your pets as well. stuart: we had a couple of pet shots, a cat, dog, some young children watching the show. we'll take it all. we take any and all viewers because we love you. market shows a gain for the dow, loss for the nasdaq. my time's up. neil, it is yours. neil: all right, stuart, thank you very much, my friend. we're up about 154 points. we'll try to maintain that. not quite the robust response we had across the board. that diddies sy pate by day's end. battle back and forth. technology under pressure. amazon under pressure. some of the old faves are under pressure. we're not sure the new cyclical stocks will save the day. by and large when you go outside the dow they're not. we'll keep very close eye on that. we'll keep a close eye on what joe biden the president-elect has to say about the health care being debated in the supreme

court. joe lieberman will give his take. when if you not be surprised joe lieberman is of the view let the whole thing run its course. it is was that say 20 years ago. he believes it should be today. fair and balanced view. including high expectations for the pfizer-biontech vaccine. there are a couple others down the pike. most pandemics, widespread virus attacks we often get anywhere from three to four potential remedies, vaccines, treatments along the way. that is expected here. eli lilly is promising antibody drug getting emergency approval or hopes to get emergency approval. that is lifting the sector again. not everyone in the sector as you can see. first to blake burman at the white house on this whole process here and how the administration is dealing with that and the timing of it all. blake?

reporter: hi, there, neil. we just got off a phone call moments ago with officials in "operation warp speed" on the new therapeutic that has been given emergency approval bit food and drug administration. the pronounce sy of it is, bamlisnaf. there was confusion on the call. we believe that is what it is. officials describe what will be happening here. they say there are some $375 million been given to eli lilly for 300,000 doses for this drug with the option to buy more through june. the first doses will be shipped out start within a week's time. it treats mild to moderate covid-19 cases. it should be taken by patients in outpatient setting. not recommended for hospitalized patients or patients needing oxygen. they are hopeful that this could bring down the hospitalization

rates to identify the most active patients who get covid-19. janet woodcock was on phone call with reporters moments ago. >> on the other hand the drug should not be used in hospitalized patients. we don't have any data that would though is would be helpful. this drug is given by iv infusion over an hour with another hour of observation of the patient required afterward. this is to monitor the patient for some reaction they might have to the infusion. reporter: neil, one thing about this therapeutic, it is an iv that is given over an hour long dose in an outpatient setting. so officials on that call acknowledge that there are going to be some challenges in the upcoming weeks setting up the infrastructure for all of this, making sure it is safe. for example, one example we were given because this is outpatient iv, that is often used by cancer patients. so they want to make sure that everything with all of this is

safe. neil? neil: not a bad idea. not everyone who needs it the most gets it first. blake burman thank you very much i will not try the drug pronounciation, kudos to you, young man, for boldly taking it on. i want to go to a certified cardiologist at the mount sinai school of medicine. doctor good to have you, i want to get your reaction to dr. michael osterholm he kind of dampened the vaccine. >> i think we got way ahead of our headlights here what about the vaccine. the virus doesn't care about what we think. the virus down care about what we do. that is very important point. what happens to the economy when we basically have house on fire environment when we saw in new york in april. we've seen other areas of the country. so this is a huge challenge.

and we have to understand what it will take to control the virus. neil: what did you think of that, doctor? what he is saying don't get your hopes up i think or that, maybe it won't be the immediate magic bullet? what do you think? >> neil, the reality we are very close to a breakthrough and a game-changer and indeed it might be a little too soon to have the final stamp of approval on it but we are very close to that point. the study has been almost a safety milestone. it is ready to meet the requirements by the fda to have two months follow-up for the patient who ho recvs the vaccine. we're looking at 90% efficacy. that is incredible. that is higher than expected. if you look at the flu vaccine it has 40 to 50% efficacy. the points to the caveat that

these vaccine, has a tricky storage and transportation. there is a leg between silence release and implementation of a vaccination that has meaningful immunity to achieve that at at large-scale. so going back to the vaccine the challenge remains storage requires minus 94 fahrenheit. that is dry ice. most hospitals and doctors offices do not have that technology although pfizer is providing some con tapers for that. neil: you know, doctor, all of this on news yesterday we had a record number of cases, almost 143,000, five straight days in excess of 100,000. i know testing is a big part of that, i get that but i do see individuals depending on the state and the region looking abroad in the country, hospitalizations are jumping as well. should we be worried? or is this a math issue, the

more testing goes on, all the numbers go up? what do you say? >> neil, we know clearly that the number of testing be, it is not on par with the number of hospitalizations. that means that people are getting sicker and sicker despite we're doing more tests. so we increase testing only by 15% but cases are jumped up to 50% compared to september. we're seeing record double numbers from almost two months ago. so the concern is not necessarily the sheer number and the exponential growth although those are worrisome. the hospitalization, that is real reflection of people getting sick. neil: meanwhile, doctor, states like new jersey, new york, they're looking at revisiting some restrictions on indoor dining, stopping it all together at 10:00 p.m., you know, crowd

control mask requirements will that do the terrific? that was going on in europe in places like germany, italy, france, they were all doing the right things and still got hit so what is the best advice you can offer? >> each state has to make its own decisions. this is fluid situations, dial back and forth depending how hot the temperature is and i guess the only tools in our tool box we have right now, i said too early to take the guard down with regard to vaccines. we're still far from eradicating this virus. so now all we have in the tool box is the just the mask and social distancing so those make sense. neil: dr. pietri, gait catching up with you. i appreciate it. be well. i want to go to keith fitz-gerald, john tamney how all the markets are dealing with this, another good day after yesterday's 800 plus advance. you're looking at over 1000 points in the dow in a little more than 24 hour span so,

keith, to you. a lot was triggered by the vaccine hopes. it could be out pronto, to sustain that, i guess the first question is, can it be sustained, what do you think? >> this is an interesting question, neil. i think it can be sustained. lower virus numbers all the way across the board on counts, infection rates, et cetera, but also it will depend on the corporate narrative. we've seen a good earnings season compared to what many people thought coming in. that provides hope and aspiration. between the two, we have a real shot making 2021 one for the memory books. neil: john, i would like to fear into policy if you don't mind, this is your real clear markets editor as well, one thing i've seen this knows that this count could go on in these states, however justified but the

transition to joe biden which might are or might not occur depending who you talk to is eventually going to concern the markets or the markets move past that they welcome this process. verify all the numbers coming out of these states, some who it is still too close to call, everything will be fine. where are you on this? >> i think the markets one way or the other feel like there is going to be some certainty. it is hard to imagine that you can reverse too much of the count at this point. if joe biden has to face a republican senate, really what can he do? so that's what markets, i think that was their initial excitement. you see what happened yesterday. this vaccine is basically an insurance policy against nail-biters. how many people would actually get a vaccine for a virus that even "the new york times" admits tends to focus its rage in nursing homes? that is not to minimize there. most people wouldn't get it. but it minimizes the possibility that in the future politicians will once again fight a virus

with economic desperation, which is what they did inexplicably did the last time. markets didn't like that. neil: that is a very good point. keith fitz-gerald, on the runoff senate races in georgia, scheduled for january 5th. if republicans just keep one of them they maintain the majority albeit by a sliver. if they lose both, it is in democratic hands. the markets i take it would not like that, if for no reason split government suits them nicely. how do he see that playing out if they both go down to defeat, both republicans? >> i spent a lot of time the last few weeks to think about this. i think the key to focus on stocks irrespective who is in the white house. there are plenty of them out there. the apples, microsofts, palantirs, all of which of i own by the way, full disclosure but to the point i think the elections are going to come and go. people have election fatigue.

they simply want them done. i don't think the administration will matter if hope in a vaccine takes over. neil: interesting. john, keith was touching on some of those technology issues, they are the ones the last couple days taking it on the chin. i can understand they were the flight to pandemic quality in the rough times. they benefit amazons, apples, the zooms when we were sheltering but could there be something more going on amongst some of the bigger players, the fact they will likely be targets of a democratic attack line all but says you've all grown too big for your britches? what do you think? >> let's hope not. my view is always that the natural state for individuals and corporations they work for is growth. and so i think what the markets are saying right now is that amazon is unique as you point out. it did especially well given the view we're going to be locked down for quite some time. no surprise it pulled back a little.

more broadly how much can joe biden do? democrats need economic growth just as republicans. if you throw in the expectation that republicans will control the senate, joe biden's ability to do the damage that the hard left base of his party would want him to do is going to be severely constrained. thank goodness, divided government always correlated well with stock market returns. neil: yeah. i suspect deep down inside maybe joe biden prefers a split congress as well. we'll watch it very closely, guys. i appreciate it. real quick i want to take you to the floor of the senate. right now mitch mcconnell is addressing the body right now and talking about the departure, firing yesterday of mark esper, the outgoing defense secretary. got word that he was fired via presidential tweet. wonder if we dip into this for a little bit. want to see what he is saying. >> suggest absence after quorum. >> the clerk will call the roll. >> mr. alexander. neil: all right. my bad there.

i don't know what this call is on, outside of a call to order here. the senate resumes business today but i will keep you posted on that. he didn't disparage the president for firing esper i understand. made note of it and his service to the country but there is a lot of back and forth whether other heads can roll in the white house in the middle of the period they're still counting the votes. the trump administration is very convinced they do, his election is his, after this.

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♪ you know you got to live it ♪ ♪ if you wanna wi... [ music stops ] time out! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ neil: all right, republicans saying let the vote counting go on. democrats saying enough already. it is mirror opposite what we were experiencing 20 years ago this month going back to the famous bush-gore chad nightmare that lingered for more than 30 days. that was then. it is kind of the same now only the parties rolls are reversed. take a look. >> our goal is to defend the integrity of the election. >> what is at sake is the integrity of our democracy. >> we are going to file suit in pennsylvania. it's a shame we have to do that. it is the last thing we wanted to do. it is the last thing that my

father wanted to do. this is rampant corruption. we can't have it. >> we are not here because we can'ted to get into court. we're here because lawful efforts to get votes counted. >> president trump is 100% in his rights to look at allegations of irregularities and weigh his legal options. >> if the votes were accurately counted in florida we will win florida and therefore the election. neil: who the heck was that last guy? looks familiar. i can't place the name. i think it is joe lieberman. vice presidential candidate, from the great state of connecticut. senator, always good having you, it is interesting looking back in time that the party's roles are kind of reversed on this whole vote counting thing. what do you think of that? >> i think it is, we have to remember that and though the election that preceded where we are now this year was much more

partisan and i say vicious. with the candidates calling each other things that al gore and george w. bush never did. so the emotions are higher now. the emotions were pretty high then. i think we've got to be fair here and consistent which is to say that america is a rule of law society and people have legal rights. we solve conflicts in court, not in the streets. so president trump has every right to take a case to court and as you said at the outset, neil, we, the election in 2000 was on november 7th. the florida supreme court made the final decision on december 8th. republican as you recall, much to our surprise appealed to the supreme court. and the supreme court overturned it about four-days later. but the deadline here, which is the deadline that led al gore to

say we've had enough. we appealed enough, we got to end this for the good of the country, when the electoral college meets, i hate to even say it but december 14th. in other words it is a long way from now. so let's let the process proceed. maybe that is the best way we want to get to us where we want to be, a peaceful ending which the country pulls together and goes forward. neil: but is that count disrupted by the trump campaign's charge that the election is rigged and fraudulent? kayleigh mcenany was saying, and pounding that theme yesterday but she didn't bring any specific areas of proof for that. that it was rigged. that it was fraudulent. do you think anything you've seen in any of these states in question was rigged, the other side trying to fix it? >> not yet. i mean i think your question,

neil, raises an important point. far be it from me or even you to give advice how to describe what he is doing as the president of the united states but i think it would be much more public understanding, even among people like me who supported joe biden, for the president going to court if he said what seems obvious. that in these last five states, to be called if you will in a presidential election, the vote was very close. seems to me has a right to ask for a recount but to, he raises the expectations on his own lawyers and so and raises the fury of a lot of other people including the biden supporters if he alleges as he has without any proof so far in court that the election was stolen. if it was it is time to bring

forth that evidence. neil: do you think reports that he has not cooperating or sending out orders to his people not to cooperate, that a transition maybe believing there is no need to do that right now because i'm still fighting for every vote? what do you take of the posture he is taking? >> i try to think back to 2000. my recollection is that the gsa, the general services administration, which implements just from a bureaucratic governmental point of view transition, making space available to the incoming president, et cetera, et cetera, office space, that they did not actually implement the law until al gore conceded december 12th, december 13th, after the appeals were all over right up to the supreme court. there is no question that it would be a smoother transition and it would be -- big thing for

president trump to do to say, i'm not yielding any ground on my claims in court. i think this election was wrongly decided. it needs the courts to act but, i authorize gsa to go ahead and implement that law and let there at least be discussions -- neil: we're a long way, we're a long way from that. you know the process is still early as you indicated. went over 30 days 20 years ago. >> yeah. neil: when the count is done, senator, and i'm wondering, shows maybe the president did pick up more votes than thoughts in the states in question but he lost them all do you think he would be a gracious loser? mick mulvaney is former acting chief of staff, says yes, i think he would be. to you? >> i took heart from mick mulvaney's column yesterday. i certainly hope the -- all of us would understand on very human level, why anybody, in particular this president, would be deeply disappointed not to be reelected. he invested a lot in this.

he is very proud but, you know, there comes a point where you have got to acknowledge that more than personal interests or party interests is the interests of the country and, once he has his days in court i'm, even if the president disagrees with the court's decision he says, i tried my best. maybe he will say i'm not leaving politics. maybe he says i think i will run again in 2024. he will concede and let the transfer of power go forward so that the incoming biden -- neil: do you think he will run, if it comes to that, senator, he will run again in 2024? grover cleveland tried it and it worked. i remember covering that race. it is a joke. do you think he would do that? >> i think it may incite him, feel like the right thing to do now. he certainly, the dominant force in the republican party now. somebody else, not me said, in 2024 the republican candidate

for president will be donald trump or somebody else, donald trump has endorsed but four years is a long time. look, al gore was thought to be ready to run again in 2004. he thought about it a while. at the end of 20:02 he thought he would not run again. that is in the future. the president has to have his stay in court. if he does not win, i suspect he won't, he will put the country first which is what he says he is all about, concede, let the biden administration come in and he could go on to do whatever he wants to do. and then and as in 2004. neil: you never know. anything can happen in time. senator great seeing you. looking at old videos. 20 years ago, it is like a snap in time. thank you, senator. >> thank you. be well.

neil: thank you, my friend. all right the dow jones industrials up 231 points. the counting does go on in some of these states. we're learning it will take more time than we thought even earlier about this. when would a count like that be done? of course there is the georgia, the double, you know, runoff election, right? that of course is the 5th of january. you have to be worrying about the ceiling of all those electoral votes. a lot of things have to go precisely to order. do the markets appreciate that? after this. businesses today are looking to tomorrow.

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♪. neil: all right. the supreme court is hearing arguments on the affordable care act today. and just ace amy barrett is among those taking it all in.

her first real duty coming to supreme court to hear this case. a lot of eyebrow-raising what direction the court seems to be hinting on this let's go to edward lawrence. he has been you will following it very closely in washington with the latest. hey, edward. reporter: oral arguments lasted a little over two hours t was done by teleconference. all eyes on the three justices president donald trump appointed, kneel gore such, brett kavanaugh and amy coney barrett -- gorsuch and. saying basically, congress would have actually repealed the individual mandate if they wanted to try to chip away at the entire affordable care act. >> what congress did here was to create an inoperative provision. it doesn't require anybody to do anything. congress routinely created inoperative provisions. it has done so since the founding and they have not been

viewed constitutionally problematic because they don't alter legal rights or responsibilities or bind anyone. reporter: now on the other side in response to justice stephen breyer how removing the individual mandate would open the door to every government statement being challenged in court lawyers tried to overturn obama care said this is actually a written in the law, telling people what to do. it is not a statement. >> what we have here around be this is i think the critical difference, it is not some suggestion, not some statement, it is the law of the united states of america today that you have to purchase health insurance. not just any health insurance. health insurance that the federal government has decided would be best for you and that is certainly subject to challenge. reporter: given the statements here by the justices, specifically kavanaugh saying he could understand and he agrees the individual mandate could be broken out and affordable care act stand as a whole, we'll have to see what happens in 2021. that is when the decision is

going to come down. president-elect joe biden will talk about what's at stake in about 90 minutes or so. we'll have to see what he has to say. back to you. neil: all right. edward, thank you very, very much. meantime all eyes on georgia. that could decide whether indeed we have split government or not. the two senators, republican senators in that state are in a tight runoff race that is called for january 5th and at this point it is anyone's guess. republicans need to hang on to at least one of those seats. if they drop both of them democrats are in charge. let's get the read right now with jonathan serrie in atlanta. that is just part of the problem, right, jonathan? i know the two republicans are not keen on the secretary of state now counting ballots there. reporter: that's right. there is infighting within the state republican party. you have the republican secretary of state saying that he is not going to step down despite outrage from his party's base over how the statewide election turned out.

georgia's two republican senators who now face january runoff elections accuse secretary of state brad after rafensdberger. purdue and loeffler issued a joint statement. the secretary of state has failed to deliver honest and fair elections. he failed the people of georgia. he should step down immediately. raffe nsb erge-r says he has no plans to step down. if anyone fires him it will be the georgia voters. it i was senator purdue i would be irritated i was in a runoff. both senators and i are unhappy with the potential out come for our president but i am the duly-elected secretary of state. one of my duties involves running elections for all georgia voters. jon ossoff and warnock are

challenging loeffler and perdue. they think liberal voters will stay motivated because of joe biden's strong performance in this once solidly red state. neil, back to you. neil: jonathan, thank you for that. i want to go to vernon jones, a democratic representative serving in the georgia house here and i'm curious. it is very good to have you representative, what you make of this. i know you were a democrat. you were supporting donald trump. now the push to kick out the secretary of state over the counting process i guess. what do you think of that, is that justified, secretary of state, it is not my fault it's a close race. we're counting what we can but there is no impropriety going on here. what are your thoughts? >> let me be clear about something, neil. my relative, jesse good win, who has been my mentor always told me to stand up for i believe in. i believe in donald trump. i believe in fair elections. i believe in transparent elections. what you've seen happen here is a bunch of irregularities but

georgia, the blue wave they talked about, where is the blue wave? the georgia legislature did not change. as a matter of fact, one or two exchange of seats. the blue wave didn't happen here. it didn't happen across this country. but we did see fraud take place across this country. as far as david perdue and senator loeffler, you will not see no blue wave come back again. it is not there. this state is a solid state based on what he believe here in the first and second amendment. at the same time, when you look at our two senators they worked hard for this state. they worked hard for this country. they deserve to be reelected. they will be reelected. i will say there has been some failures from the oversight of the secretary of state's office. obviously many georgians across the state are concerned about it. there is a big effort right now throughout the state, from the grass root level to stop the steal. that is what has been going on. these mailout ballots, mail-in ballots -- neil: representative, what are they stealing? that is not just a close race.

this could be nothing more than very ruby red state, you know, turning a different shade? about that said now shows democrats are making inroads, is that chicanery, is that fraudulent or is that just indicative of what has been happening in georgia? >> when you talk about the elections, again, when you have the remarkest precinct in the state of georgia sending poll watchers home saving we'll stop counting. then they close the doors. lock the doors and continue to count for three hours, there is an issue there. when you have people who are voting, there are affidavits saying there were irregularities they wanted to support the president and could not, there are issues there as far as the state changing you know, depending on changes. people are coming to the georgia. georgia is the best place and state to do business. a lot of folks are coming here. this state was democrat. it went republican t could go back to another party. the fact look what president trump did in terms of minority

population. he has gotten more minority votes than any republican president going back where, 50, off years. why? because he understands the african-american agenda and he is taken strides to address the issue that joe biden hadn't done in 47 years. i say that, neil, because you say it is turning a particular color, again, it is also turning where blacks are coming out. they're independent thinkers. they're tired of the left. they're tired of antifa. and black lives matter committing, looting, robbery and even stealing among other things, we're not for that in georgia. they don't support law enforcement. neil: no doubt, representative, but blacks still even in your wonderful state overwhelmingly vote for joe biden. i'm wondering, get out the vote, the voter participation i believe was the highest in the last century in georgia. i could be wrong and joe biden benefited from that just slightly more than donald trump or are you saying that the reason why he doesn't have as

many votes right now is because there was fraudulent, it was rigged? are you saying that? >> i believe, i believe the reason why he doesn't have as many votes that he will be having, first of all, there needs to be recount. you're talking about almost five million ballots cast. what is 12,000 votes? that can be done within an hour based on recount. at the same time african-americans voted for donald trump they want their vote counted as well. i know that you know that. the american people know that. so when you look at the dynamics here. let's go through the process. we have three-prong approach. one there is recount that will take place based on law. two, there is litigation. what is that litigation about? making sure we bring affidavits forward to show there was some fraudulent voting that took place. and the third, if the people on the ground at the grass root voters they deserve transparency and a free election. both democrats and republicans but isn't it unusual, isn't it ironic stacey abrams, a fair

fight talk about elections, voter suppression, they're not here, they should be a part of this because this was not a fair process. let me tell you, when you look at stacey abrams, fair fight organization. it is not fair fight. they have been doing things that are not fair. we're going to root them out. we'll beat them at the ballot box again. neil: all right. we'll see how the recount goes. we'll see how the runoff races to for the two senate seats. a lot of drama to yet unfold. i'm sure, vernon jones, georgia state representative, very much, good seeing you. all right, the dow up 168 points. what is not having a good day is technology. again some of the premier issues are taking it on the chin with the believe the pandemic soon to be on, open a vaccine, all sheltering they're doing at home, all the buying we've been doing at home, all the technology we've been just coveting at home, it all goes away. seems like a bit of a leap. any wii that is the fear, why amazon is taking it big time

southward after this.

neil: empire state, just across the hudson river here, concerns avenue jersey was looking at a spike in cases and now uply meanting new restrictions on restaurants and bars and stores that it could be just a matter of time before new york is dealing with the exact same thing. it too experiencing a spike in cases. kristina partsinevelos with more from new york city. hey, kristina. reporter: neil, nobody wants to be the bearer of bad news but like you said the big apple is seeing a spike in cases. the mayor here is warning new yorkers to avoid going indoors and gathering with people and so you can see this is a common sight all across the city right now. people are waiting in line to get into health clinics. and as of today, there is a press conference with the

positivity rate in new york city at 2.36%. that is a seven-day rolling average. this comes from a press conference. a new area of concern is staff 10 island. they're seeing positivity rate over 3% of the mayor is concerned he could be rolling back restrictions but he seemed confident working with president-elect joe biden. >> the fact that joe biden will be our next president is really important here. i think it maximizes the chance we'll have a vaccine that will be work and that will be trusted and people will be ready to take. that will be part of our comeback. reporter: and that is exactly what is happening right now though in new jersey. hike you mentioned take a look at this picture from a beach bar in new jersey. this is leggett's. this was taken indoors in september. now we know that the new jersey governor has now rolled back restrictions and said as of thursday there can be no indoor dining as of 10:00 p.m. to

5:00 a.m. each day. you cannot sit at the bar. high school students cannot travel. seems fitting the word of the year according to the dictionary is lockdown. hopefully that won't be the case here. as the numbers show, de blasio said we may be tired of covid but covid isn't tired of us. back to you. neil: apparently not. kristina, thank you very much. very interesting, kristina in the middle of all of that. by now you know the name pfizer. you know a little less its partner this potential vaccine but the fact of the matter it is not just biontech and pfizer. a host of other key players are closely behind a number of treatments and potential vaccines, cures of their own. i want you to meet the guy who runs a company who has four of them. after this. ♪ trelegy for copd.

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neil: let it be known this is the week we got excited about a potential vaccine to deal with the coronavirus. pfizer and biontech working together on something they believe they can get out into peoples hand this is year and maybe up to 1.3 billion doses available thanks to scores of deals with governments around the world and uk and the night by next year but they are not

the only game in town, far from it. geovax, david dodd is the president and ceo. no less than four vaccines they're working on. good to have you. where do these vaccines stand? guys like you paying attention to something that could be readily available. update me? >> thank you, neil. first of all we're delighted what pfizer reported yesterday illustrates that a vaccine is more than likely feasible and that has been the real question mark because the previous sars never was successful vaccines. so it does appear that a vaccine can be constructed that would provide some level of efficacy. we're yet to learn more details on safety, certainly durability. we don't want to go into multiple dosing either throughout a year or even every year and this one requires two doses. as you know a few other

challenges, extreme frozen state refrigeration. we're talking minus 80 degrees plus celsius to be able to distribute this product. a lot of challenges. neil: distributed intravenously, that is another issue. can your potential candidates, can you update me on them. >> sure, absolutely. we've constructed four vaccines. we have one that similar to what pfizer and moderna have done. we target the s-protein, the spike protein because that is the predominant one but we believe you need to take a broader viral approach, spectrum approach also. so we have constructed one vaccine that is targeted to be a universal single dose coronavirus vaccine beyond just covid-19. the other two candidates are also different mixture but again broader spectrum approaches. they're in animal testing right now. we have not received the hundreds of millions of dollars that moderna and others have but we are in negotiations with the federal government.

we've had some good progress in that regard. we can accelerate as things move forward but we are, where we are right now is in the process conducting, completing the animal testing and then being prepared to go straight into human testing. neil: real quickly on the spikes in cases we've seen and in the latest period are very worrisome in this country, almost 143,000 cases, 143,000, i should say yesterday, the fifth day in a row over 100,000 cases, what's going on? are you worried? >> i wish we all, i wish we all knew what was really going on. i think clearly the anticipation, if we look back sick months this time of the year the virus would by and large be gone. here it is resurging in some manner. why it is we don't fully understand. that underscores even more important need, not just for a vaccine but thor therapeutics. we need to treat this also for people who already contracted the coronavirus. it has a very low fatality rate

as you're well aware but it is still at the same time we need to have treatments but we need to have the vaccines. and at the same time we need to continue to study the epidemiology and the understanding of the virus t could be that the virus, it doesn't appear to be mutating greatly but can it could evolve over time as we see against antibiotics where bacteria evolve and become resistant. this could become a challenge with a single protein focus such as pfizer, moderna and others. if they only focus on the one it could involve a broader spectrum approach. that could in fact be what is going on. we're still learning about the virus. neil: all right. still learning about that. david dodd, geovax promising vaccines. we'll have more after this.

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his spokesman tells us this in a statement, about what biden is expected to lay out today. president-elect biden laid out a comprehensive plan to build on the affordable care act, lower health care costs, expand coverage. something vitally important in

the middle of a pandemic. once in office biden will work to deliver on that plan. part of biden's plan to evolve obamacare into biden-care is public option, would not get rid of private insurance and lower the medicare eligibility age from 65 to 60. those are some of the things we expect biden to lay out today. if the supreme court strikes down the aca there are very few options the the biden has to bring it back to life. the original lawsuit was brought by a states attorneys general. he could try to drop the support for the lawsuit. lawmakers in congress could also try to take steps to render the case moot but that is also unlikely because president-elect biden is looking at a divided congress. neil, it is interesting what biden's health care plan would look like if obamacare was ultimately struck down because a

lot of his plan hinges on revamping and remodeling obama care to turn it into biden care. so without the aca, it will be interesting to see what his strategy is from there. neil? neil: how do you fund it to your point? hill very vaughn, thank you very much. want to go to lauren simonetti, the affordable care act is not so much the focus and its future the promise of a vaccine to deal with this virus. it is still helping stocks. not quite as much as yesterday at this time but still helping. lauren simonetti, what is the latest? >> well, the latest is, that pfizer's vaccine and a vaccine distribution plan in general are being questioned by some, specifically on the medical front. listen to this from president-elect joe biden's .

>> there are questions out there. >> questions on the political front, new york governor andrew cuomo. >> the bad news it is about two months before joe biden takes over and that means this administration is going to be implementing a vaccine plan. the vaccine plan is very important. it is probably the most ambitious undertaking since covid began. lauren: ambitious, absolutely. this whole idea of distributing a two-dose vaccine and transporting it and storing it in subzero temperatures is a complete logistical challenge. it is going to require a lot of federal and state coordination and the point i think that

andrew cuomo would be trying to make he doesn't want to do that with two administrations. the trump won -- one and the biden one. nonetheless this is where we are. one of the reasons why senator sasse is lashing out against andrew cuomo saying this. quote, when we get a vaccine we'll need all hands on deck distributing it as fast as possible. shamelessly politicizing this is shameless and stupid. pfizer plans to make 100 million doses to start. it can add from there. right now the states are figuring out who needs it first. how do we beef up the i.t. systems to figure out who gets it, how many they get to get the two shots. hiring in some cases immunization managers. the work is set out for us to make sure americans and people around the world get these vaccines. there is also a promise that moderna, which has a similar vaccine although they haven't

released their late-trial results yet, could be, could be 90% effective. neil: all those guys could be lining up like planes a laguardia you hope, you hope. lauren, thank you very much. to lauren's point and governor cuomo, republicans saying trying to politicize any potential virus vaccine, it is a little bit of deja vu especially what kamala harris said in the debate with mike pence, the vaccine coming out with donald trump as president. remember this? >> if the public health professionals, if dr. fauci, if the doctors tell us we should take it i will be the first in line to take it. but if donald trump tells us we should take it i'm not taking it. neil: this is happening under president donald trump to congressman buddy carter, beautiful state of georgia. by the way a pfizer trial participant i might add. congressman, very good to have

you. first off, how are you feeling? how are you doing? >> i'm doing great. of course this is a double blind study which means i don't know whether i'm getting a placebo or vaccine of the doctors don't know. the nurses don't know. i'm keeping a diary of my health and how i'm feeling any side-effects i'm having. neil: good for you. doing a lot of good just offering that. congressman, what do you make of some of the skepticism governor cuomo in new york raised maybe not about the drug itself with pfizer but how the administration, the trump administration would begin administering it or rolling it out? i think that was the gist of it, it did echo charges that kamala harris had made during the presidential campaign? what do you think of the posture they're taking on this under this president? >> well i think it is despicable to be quite honest with you of governor cuomo as well as

senator harris. neither one of them are putting the people first. neither one of them are showing any, any confidence whatsoever in the fda and the process by which they follow. as a pharmacist i understand the process and another the fda is a very strenuous process, very detailed process and it is going quicker than a house in the past and with other vaccines, there is a reason for that and there's a number of reasons that we have spent the sub, obviously we need as soon as possible for the governor and legal work to be grandstanding and politicizing it for senator harris from california to be politicizing this, they get the responsible and we need to do just the opposite make sure people understand if they choose to get the vaccine, i hope they do, that it is safe and effective, the reason it is safe and

effective is because of the good work of the fda. of the professionals. neil: all right, your audio look like it was going out, i did want to ask you a question about the wonderful but crazy state of years, i know there will be the two runoff elections in january but both of the candidate, republican candidates are saying secretary of state also republican should go, secretary of state says it's not growing, the charges are that the election is being rigged against the president, what do you think of all of this. >> there are concerns, there is no question about that, we have situations throughout the state, my office has been inundated with calls people who say they bid the died the right to vote, they have been living at this address for ten years and they get for absentee ballots for people who lived there ten years ago, all of that needs to be

looked into, all of that needs to be answered. neil: are they in the numbers, are they in the numbers that you suspect that could tilt the difference in the state of the votes, very, very close, do you think it's enough to turn the race to be in the presidents column. >> not only that, keep in mind we have a race with her senior david perdue who is very close to avoiding a runoff if you get over the 50% threshold, this could have an impact on his race as well and that would settle the question of who's going to be in control of the senate. there are number of factors at play here in the senate. neil: the purdue race that you're referring to, he is just on the cusp of the 50% and you believe or recount their would put him over to avoid a runoff and how likely is that.

>> look, as many calls as we have had in his many incidents as we have had, there is reason to question whether this election was handled in such a way that it was accurate whether you're republican or democrat, you just wanted to be accurate, you want every legal vote counted in you don't want any illegal votes counted, that's what we have to keep in mind. neil: watch out, keep us posted on the pfizer test, i hope everything goes well congressman buddy carter, very good catching up with you. that was a very interesting, about the georgia race, if one of the runoff can be avoided in a recount that would put david perdue over 50% so only one senator would have to go through that process, let's get the reed on that from jonathan hoenig and jackie deangelis, if you think about that, as we were covering this election night is seemed like a year ago, i think it was a week ago but is not runoff

means no matter what happens to loeffler seat, if he secures that and wins that, republicans maintain control of the senate, what do you think. >> i think that would be really important at least from wall street's perspective because as he been pointing out since election night and even since president-elect biden was named the new president-elect on saturday, wall street is betting on the fact that were going to have a split government, they were last week before the race was called, that is not necessarily in the bag without the purdue seat so i think wall street will feel more confidence with respect to that if there is a recount and pushes it over the edge or some reason he is pushed over the edge before that time . . . you can look at the dow today say were trading by 172 points, this is vaccine optimism spilling over from yesterday and the nasdaq being lower in the

selloff in tech stock gives you a sense investors are a little worried because it for some reason joe biden takes the white house and he has the senate and the house, you can see a very different story when it comes to tax policies, when it comes to capital gains, when it comes -- my last thought is escaping me but you get the point. neil: i do, the race and what the president does, absolutely. let me ask you jonathan, she did mention big tech at the end, that is one group that today is continuing to get pounded after getting shellacked yesterday, they were all safe pandemic plays while we were stuck inside of our homes and the notion as we venture out there not going to benefit as much but what do you think of the beating of technology that has been taking.

>> it's been historic and this is been a historic couple of days by the election, the covid vaccine yesterday and that tech beating, yesterday was the worst day for momentum stocks for over ten years and momentum relative to all other stocks, when is the last time we saw the nasdaq down and the bank index up 10%, were seeing the strange even today where the dow is trading higher but the nasdaq getting hurt, from an investor perspective you are starting to wonder could we be sina. like 2000 - 2010 were basically big tech and the big cap indices underperformed in a value stock that was outperforming today or emerging markets et cetera, those hillfort for ten years by big tech underperformed, as an investor that's what i'm starting to wonder the big tech going to be haunted as it was basically by the time up until obama came around, they didn't want anything from microsoft - from 2000 - 2010 we could be in a similar era right now.

neil: it is scary or compelling, depending on where your on these issues, i want to thank you both very much. for now the dow up 148 pointed nasdaq still under intense selling pressure, what is charlie gasparino make of this as a president-elect joe biden continues to assemble a response to hitting the ground running on generate 20 also to vindication that he is indeed issue a slew of executive orders to undo all the major ones from donald trump. what happens after that? after this.

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they're counting the votes but it does seem for the time being that the markets are not prepared to be surprised, they are looking a split government, they are looking at the georgia races either being split or their both go republican and in either event that maintains the senate majority for republicans, is that still the prevailing view. >> i have some interesting news on another political topic, yet is, kelly loeffler is in a runoff, she was in a runoff with a republican challenger as well with the democrats, likelihood she's going to keep the seat, i just heard your last guest talk about how the recount, david perdue over the top, he is still leading, the bottom line georgia appears to have split the votes, they wanted check on government, all the hedge funds that are sifting through the numbers and

may give the edge to the republicans keeping that maybe winning both of the seats, even democrats given edge on keeping both of the seats and he's a democrat that are both aligned with president-elect biden, they say it's going to be very hard to win both of those seats and here's the other thing that they say, if you win one, you're likely to win the other, they think people will vote in tandem, the president was catching up at the end. i spoke with so many democratic consultants leading up to the election, they thought georgia wasn't going to be close, they thought they would destroy trump in georgia, they had the suburban white women vote going, they gave me all the reasons and they really thought david perdue was toast and he's not, i think the trend is your friend, that is what the hedge fund analysis is saying, one of their trend, is what is going to happen in new york, new jersey with these exchanges, the new york stock

exchange is located in new york, offices in new jersey, the nasdaq, the same way, we do know today that texas governor abbott is dangling a little carrots, come to texas will make your life easier and cheaper, as new jersey considers a transaction tax, here's what i'm getting from the exchange, they don't want to leave, they don't think they're gonna have to leave but they will meet with abbott and any other southern governor whose offers tax breaks to scare the hell out of the people in new york or new jersey and tell them if you do this transaction tax new jersey is considered you new york you would never know because that massive budget tax, you do this we may move out. that is where it is on the ground, this is an interesting situation, they are going to meet with texas governor abbott on the 20th and it's a warning sign to the new jersey legislature and the governor there, you do that tax, this is a good chance we will move whatever offices we have in your state out, it is a lot of stuff

going on, the dividing government is new but i will tell you for the democrats to get both of those seats, democrats tell me it's a heavy lift, this is likely going to be at least 51 republicans and mitch mcconnell will remain as the majority leader, back to you. >> you raise a good point, if you think about it, doug collins, the republican challenging her, you can safely assume those votes would migrate to her and the one with perdue i did not realize he was a tad under the 50% level so he might avoid around up altogether, that would be an interesting development, that is the exchange going to texas. >> you know the best thing about the story, kelly loeffler's husband runs the new york stock exchange, he owns it. neil: you are absolutely right

but it's a great state, we are old enough to remember all the big companies, you will never move from california, new york, places like texas and then they did so in waves and it's still a line, nothing is impossible, thank you, my friend. >> i would like to hang out with john tatum every now and then. >> that's not a bad deal, very hot in the summer i know you ran in that stuff, i try not to drive in it but i know it is very hot, that is fine, it's a small price to pay for a wonderful state, i think you, charlie gasparino, the dow more than 100 points and waiting to hear from the president-elect he will talk about the affordable care act which a supreme court is taken of oral arguments that have a lot to do with the funding mechanism and how the whole thing stays alive because right now it's teetering and that has been the argument and his argument earlier today that this is what happens about

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neil: it is interesting looking back that the parties roles are reversed on the whole vote counting thing, what do you think about. >> i think we have to be fair and consistent which is to say that america is a law society, people have legal rights and we saw complex in court, not in the streets so president trump has every right to take this case to court. neil: keep account going, from joe lieberman who was involved in much of the same thing 20 years ago this very month, chet is with us on how this process is affecting everything in washington. hello. >> so far most senate republicans are sticking with

the president encouraging him to go after this recount and maybe take certain states to court, they see the 71 million americans to cast ballots, they see how the president helped the republican house and they're looking forward to the two georgia runoffs, they're very aware of what influence the president may be able to play down there, this is the standard being set by the senate majority leader mitch mcconnell. >> the commentary do not get veto power over the legal rights of any citizen including the president of the united states. >> only a few gop senators have congratulated, gop maine senator susan collins says that biden kamala harris should be given every opportunity to ensure the ready to govern on generate 20th, gop mitt romney said the transition should unfold rapidly, the senate minority leader chuck schumer warned

republicans about not accepting the results. >> i've been heartened to cease a few of my republican colleagues, three i believe congratulate the winning ticket, but too many including the republican leader have been silent or sympathetic to the presidents fantasies. >> you mind is up to the congress to certify the final electoral college result, that happened in a joint session of congress on the sixth of january the house and senate get together and they can reject any electors of the house and senate vote to do so, senate republicans right now are launching with vice president mike pence and ron johnson republican senator with wisconsin asked if they should congratulate joe biden, he said no there is nothing to congratulate him about. it. neil: thank you very much, then read on all of this, with the

former kansas attorney general republican they had to set up a project director, attorney general very good to have you i understand many republicans being in a bit of a pickle, just as democrats were 20 years ago in the bush, gore recount, you don't know what to say, when to say it, the more of a response, it's understandable, let the counting go on, do you believe the improprieties in charges of fraudulent are such that they would tip the results back to the president, never mind that the cases of dead people voting, we see that in a lot of elections but the numbers are so overwhelming it would tip the results as we know them, do you think that is the case? >> it's very possible and i'm glad you brought up bush, gore, as you remember we were in the counting room, we remember them holding up the ballot to see if

there was a hanging chad in america had an opinion, it is unprecedented that america is not in the counting room, they kicked us out in philadelphia they defined the court order to keep people away from seeing what is happening and on top of that they have invited a billionaire in the counting ro room, the state of the matter is this, mark zuckerberg is in the counting room in america is kicked out, that is the problem with the selection in its affected the election all the way through, mark zuckerberg a $350 million to a charity which they kicked out democrat strongholds, put boxes on the street, let me give you one example, delaware county outside of philadelphia, one dropbox for every four square miles, trump country in philadelphia one dropbox for every 1100 square miles. government must not pick favorites in an election in this

entanglement, demands that journalism and others say how is the zuckerberg money used to manage the selection, or give you an example of this, and philadelphia they told the city how many polling places and they paid the election judges and other election workers, those of the people inside counting and if you and i were playing poker. >> these judges and these others, who are using. >> the money flowed from zuckerberg to the center to the alliance or civic life that is run by former obama operatives and they granted the money to the city and they told the city how to spend the money to manage the election and if they said if you don't do it were gonna take her money back it was also the nation, do you prefer that that's a pretty overwhelming claim, you are saying they were

people trying to get a preordained response, let me ask you this, if that happened in one state, are you arguing is happy enough to the five or six states that counter going on even as we speak yet to run the table without an order to justify. >> absolutely, here's an important point, and journalism focuses on this, with the government you can get answers, you have demands because government needs to be transparent, they have hidden this through ctc l which is told government what to do so they need to be treated as government, journalism, media needs to be in the counting room and the question that i believe that should be asked is why aren't you. because america is history. neil: you have to make the assumption of what you're charging is happening not only in one city, let's say pennsylvania but in five or six

other states, that would be a bit of a stretch, would it not, three ordained fraudulent move on a national basis if you are right. >> let me put in scale, you are correct, i appreciate the question, in march of this year the federal government appropriated $400 million to help the states and the cares act to manage the election during covid, mark zuckerberg has matched it $400 million, $50 million into attack group that is designing the software and helping the software that is our poll books, $350 million into the civic life, they are being, they are hiding a lot of this but they have announced the fanfare the millions that they have ported, they have misrepresented how those monies have come in and there is a

couple of things and i know that you know this, let me share the facts of the american public and i appreciate this opportunity, early money means everything and is more valuable than old money, ctc l started reaching out to democrat mayors and going in saying that we want these cities to apply for grants, we believe we will have a lot of money back in may, in may and then in september zuckerberg announces in the money flows to philadelphia, minneapolis, milwaukee, detroit, maricopa county, all across this nation and the democrat stronghold. neil: i am not heard any of th this, to say that mark zuckerberg is behind this expensive cabal to tip the election and the democrats favor, i assume you have proof of this, i assume you can have a paper trail.

we will follow very closely, i've never heard of before, for to make that claim again, i need to see proof, i think a lot of people need to see proof but we will follow very closely, thank you very, very much, i want to entertain, that is a charred, something he is pointing out, i have not seen any proof of this on a wide scale basis which would make the difference between allegation and something that would tip the campaign but this is part of the counting process, this stuff comes up in the whole thing in the counting process there are irregularities, they will come to light as well, stay with us. ♪ ♪ ♪

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and should not be taken if you have certain abnormal heart rhythms or take other drugs that are known to cause changes in heart rhythm. tell your doctor about any changes in medicines you're taking. the most common side effects are swelling of the arms and legs and confusion. we spoke up and it made all the difference. ask your parkinson's specialist about nuplazid. neil: here is how much the vaccine news and the drama over the election a week later has dominated the headlines, normally stuff we follow closely like apple announcements get lost, including a new phone announcement, that is already out and new ones are coming out,

it concerns a lot of their computers and the chips that they are using, susan li knows a lot more and very connected to the company, what are you finding out about this. >> i'm going to test you later on, this is the third apple event in two months and they're calling it the innovative fall in apple's history, we have the new macbooks that are being released and announced but here is the catch after 15 years apple is building their own chips that go inside listen to tim cook. >> has been about innovation and change in june we announced. >> is taking a huge leap forward by transitioning to apple so looking and we promise that the first app would arrive by the end of this year, that day is here. >> in 15 years with intel chips going inside apple macbooks, apple silicone is the chip and they made it called in one going

into the macbook air that is announced in shipping for $999 and in the smaller version a macbook many which is the first of apple history, 699 for a small laptop, i found that interesting, they have a record quarter from july - september selling $9 billion worth in sales and it was one of the best quarters for max going all the way back, it is a work from home trend, the education trend and people are buying apple computers, if we can bring up the charts, i wanted to show you it ends the 15 year history with intel going back to 1984 motorola visit first, power tc and then intel, take a look at. >> contribution as apple, 9 billion, we know the iphone has more than 50% of sales services with apple tv, look at. >> , this is a revival back to the steve jobs before the

invention of the iphone when they made this type of money from those computers but now apple is a big factor when it comes to chips and one of the largest chipmakers, not only do they make the chips in the new max but the ipad and iphone and someone to contend with in the future, they may not sell these now but you can imagine this could be a revenue stream in the future if they wanted to, not that they needed the money. neil: not that they needed it, they do the big announcements virtually, that is going to be the role for a while but it does not hurt the response for the sales afterwards. >> definitely not, there is offense in two months and they are going all virtual, i don't know if you attend one of these apple launch event but there is a lot of fanfare that goes into it but i would say off of the production quality it is probably better in these produced events probably better the one to go to in cupertino, i don't know if you agree with me.

>> there definitely big i remember my kids when they were little and they would watch it on tv and they do the phone announcements and the phone was actually that size, how could i call anyone on that. great memories all right, that was great, thank you very much, apple is defying the technology selloff trend at least today the amazons and the others are under the impression, and the pandemic in the case of apple, that is remaining that way today, not so much for some of the other tech stars, we will have more after this. ♪ ♪ ♪

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neil: waiting to hear from joe biden, popular, that you hear a lot of the time is getting the nation to come together, i want to redo another quote, the most important thing that we need to do is to come together, that is not from the president-elect, that is from dan levesque the chairman and ceo founder of good stuff there who is a self-proclaimed moderate the things that is the way to go, the human way to be into bridge on these divides, i was reading

a lot of your comments, it's very good to have you, thank you for coming, the idea, saying here, i'm always wondering that we always have these lofty goals to bury the hatchet, come together and it never pans out that way, i think maybe because the country is sharply polarized in the votes split almost 50/50 in the moderate ceo like yourself who says maybe we bring it down a notch, are you confident that can still happen? >> i came from mexico immigrated in 1984, my father was in the concentration camp, having that background, and very sensitive to the polarization in the vision that can hurt our nation, i've never seen the division that i've seen i remember when i arrived in america, how proud i watched as a system where people can disagree and care about each other and work together and i think it's essential for our nation to fulfill and build

maximum potential, kindness, some people think that is a weakness but it's not it takes in a normal amount of strength to be kind and strength to listen to decide that you disagree with and still respect them and assume possible intent, i think those years we've lost that ability and we need to regain that. neil: we had very conservative presidents who were very good at reaching across the aisle while reagan comes to mind a very liberal release by maybe today's standards by jfk also good with working close to tax cuts, we have seen it done in the past but a lot of people simply say it is impossible, the two sides do not want to look weak as talking to the other or the very least compromising with the other, what is your best advice assuming joe biden closes the deal and takes office january 20? >> is a very important point

that joe biden is a person of two electron video, like you said, eyeing the democratic party, i'm a nonpartisan purdy i'm a proud independent in a study joe biden a lot, his entire lifetime he's been a bridge builder, i remember during the primary season people were calling them out when he could've turned left to get more of the democratic base, he was very principal, he said i am who i am and i will always reach across the aisle and people attacking him, that is the way of our country and i think is very sincere and he scored a ton of republicans known him for decades and know he's a man that works that doesn't demonize or humanize, and i need to give them a shot and work together and give republicans to democrats in a very successful businessman, he wants to raise corporate taxes and raise taxes on individuals like yourself and

that is getting back to something like the fair share, rich guys have to pay we have to pay more companies, companies should pay more in the corporate rate was too much. >> i absolutely am pain a little bit more on taxes and the rising gap, it is not good for anybody, not good for anybody to be so behind, i am doing that through the labor be in civil work, as approved by don't the government has all of the problems and deficiencies i tend to have a very strong premarket orientation but i don't have a problem with pay more taxes, i do think it needs to be carefully collaborated so we incentivize long-term incentives, i think it would be a huge mistake if they do away

with incentives and i found my first company, $10000 i stood with this for 26 years before we became what we became, i don't think i would have the 42 invest and invest in generating thousands of jobs out of nothing if i did not know the long-term incentive would be there for me too have a lower tax rate and lower income, i think it would be a mistake for long-term capital gains to have a big differentiation for the ordinary, as some time they can be offered to all people that can pay a little bit more of the fair share, i don't have a problem with that. >> grow quickly, i am curious, i find this more ingenuity to come up with raised to raise taxes, does that bother you the extra money you're willing to pay gets pissed away. >> it bothers me a lot and i look at government as a very

imperfect institution and i tend to believe there is a lot of things premarket and civic efforts should resolve, it is what it is at the end of the day we need to keep the lights on and keep her military protecting our country and we need to help those that are left behind them are going through enormous transformation, a lot of people don't have jobs and it's going to cost money i would prefer that for the civic center, the rationality because people abuse the system but we cannot ignore the reality of paying taxes, thank you so much. >> thank you very much, thinking about maybe all of us of little more.

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♪. charles: good afternoon, i'm charles payne. this is making money. breaking right at this moment, folks. welcome to bizarro world or maybe welcome to normalcy. the nasdaq getting crushed again while the dow is up nicely but it is those small caps that are making big giant gains. don't look now, folks, the russell 2000 has been the hottest index since october 1st. it is still picking up momentum. investor are grappleing with tough decisions. how beyonce might pedal peloton to new highs. obamacare case arrives to e