the pnc championship format is 36 holes played by two person teams. woods adding he is playing as a dad. couldn't be more excited and proud. it is good to see it. may they play well. that does it for us on "fox business tonight." "the evening edit" starts right now. ♪. david: big covid news. pfizer says its booster neutralizes omicron why all the new mandates what seems to be a variant for now at with mild symptoms? what about following the science of the joining us tonight, congressman john joyce, buddy carter and dr. a mesh a dal. >>, former advisor to president trump steve moore, former nypd detective oscar owed comes, supreme court expert ted wheeler

and ken paxton. nominee for the comptroller of the currency, saule omarova backs out. she is not the only anticapitalist pick biden put forward. someone in charge of the nominations seems to want to socialize the core of capitalism. what is going on? to the irs snooping on your accounts with an army of 87,000 new agents to help pay for biden's massive spending plans, basically look into an american making less than $400,000 a year. that include working class families making under $25,000 a year. we look how all of this can impact your wallet. to crime in america plaguing the holiday season, the christmas tree right here in fox vandalized, set on fire. and looting continues as chicago's mayor tries to shift the plame on to the retailers. plus court packing, the supreme court commission taking no

position. so where does it all go from here? we investigate that. and to the border crisis, trump's remain in mexico policy is back but the biden administration is still trying to fight it. this as texas turns to an armada of boats to try to help stem the flow of migrants across the southern border. i'm david asman in for elizabeth macdonald. "the evening edit" starts right now. david: amid growing uncertainty around covid-19 variants, pfizer and biontech say initial lab studies show a third dose of the vaccine was able to neutralize the new omicron variant. joining us to discuss, dr. join joyce from the house gop doctors caucus and dr. ameshadaja health

senior scholar from johns hopkins. doctor, first to you if i could, doesn't this show the new information about the vaccine's effectiveness against omicron it is nowhere near as serious as we thought it was a couple weeks ago? >> everybody is breathing a sigh of relief that two doses protect against serious disease and a third dose restores neutralization activity this is good news. this should dampen some of the panic. hopefully will lead to the suspension of the travel ban that wasn't justified in the beginning but i think this is what we'll deal with, a much more manageable virus hopefully and i still think the vaccine will be the solution to this variant as other variants. david: congressman, can we say officially the initial response by markets freak out by public officials particularly here in the state of new york but elsewhere was completely overblown? >> i think what we can say under

president donald trump and "operation warp speed" these safe and effective vaccines have had a positive impact. i'm not for vaccine mandates, let me make that quite clear but we are seeing the benefits. we're seeing the benefits from immunity, natural immunity and we're seeing a pathway through this pandemic. >> dr. adaja, one of the problems americans have from the public response, particularly those doctors working for the federal government how contradictory some of their comments are from week to week. a lot of this is because it is a new virus, we understand that, but the certainty which they make certain statements then to overturn those statement as couple weeks later, really it has a lot of us confused and dr. fauci is at the epicenter of this problem. let me play a couple comments he has made recently about the omicron variants. roll tape. >> its ability to affect people

recovered from infection even people who have been vaccinated make us say this is something i have to pay really close attention to and be prepared for something that is serious. we're not seeing a very severe profile of disease. in fact it might be, and i underscore might, be less severe. david: now you see the contradictory comments there, and again it is because everything is new with this virus. we understand that but public officials have made decisions based on the first statement that dr. fauci said and in fact you have the governor of the state of new york canceling a lot of the voluntary or the elective surgeries for hospitals, 32 hospitals in the state of new york. shouldn't the governor based on the new information we have now rescind that executive order? >> i do think that governor hochul should rescind that order because we know that as long as hospital capacity is not currently impinged we can't postpone elect testify surgical

procedures forever, because elective doesn't mean cosmetic surgeries. you have some flexibility in scheduling, not infinite. we pay for those delays in terms of increased morbidity and challenges from those conditions. it is true, omicron has the ability to get around some of our immunity but i think we have to be reassured if you're fully vaccinated you're protected against severe disease, hospitalization and death. if the trend from south africa continue to be borne out we may deal with a more contagious, less severe variant that in general is a good thing. however we need to characterize this. there was clearly overreaction that has to do with politicians not being able to deal with the nuance of science or the fact there was uncertainty and they opt to feel like they're doing something if it is not necessarily justified. david: sometimes the best thing to do is nothing. there is a bit of a con game going on, congressman.

the vaccine mandates, in new york that led to at lot of people resigning or fired in new york. there were 34,000 health care workers who left because of the vaccine mandates. 8600 of them worked for hospitals and some of those hospitals are seriously understaffed. many people say that the positive is just using the omicron variant as an excuse to cover up the problems that eminate from her vaccine mandates. do you agree. >> mandates are not the answer and they are having a negative impact on health care n washington, i'm one of 200 who sponsored legislation, the congressional review act resolution which would stop these mandates, these biden mandates, and actually prevent any additional mandates. it is time to follow the logic and follow the data. this is not the time for additional shutdowns, this is not the time for additional

mandates, let's see the virus, see how it plays out. it doesn't appear to be very virulent. simply meaning it doesn't seem to have serious consequence. let's carefully observe but let's not shut down america. david: congressman, you put forth a bill, i guess it didn't pass but it was this past thing, essentially using federal funds to implement or endorse vaccine passports. what is the status of that? did that go anywhere? >> we're still looking to push that forward, because i think as time has gone on it has become more important we shut down the vaccine passports. you should make the decisions with your family, with your doctor. make the right decision for but mandating vaccines are actually counterproductive for america. we've seen that. as individual workers have stepped aside because of the government overreach with these mandates. david: doctors joyce, congressman joyce as well as

dr. dr. ada. jla the supreme court taking no position on court packing. where do we go from here? we investigate. up next former presidential advisor steve moore from the nominee for comptroller of the currency saule omarova steps out. she is not the only person being pushed forward. someone is clear they want to socialallize the core of capitalism. what are we doing about that? you're watching "the evening edit" on fox business. hey google. ♪ ♪ ♪

♪ ♪ ♪ at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. (vo) t-mobile for business helps small business owners prosper during their most important time of year.

when you switch and bring your own device, we'll pay off your phone up to $1000. you can keep your phone and keep your number. visit your local t-mobile store today. snacking can mean that pieces get stuck under mike's denture. but super poligrip gives him a tight seal. you can keep your phone and keep your number. to help block out food particles. so he can enjoy the game. super poligrip.

hey, angie! you forgot your phone! hey lou! angie forget her phone again? yep. lou! mom said she could save up to $400 on her wireless bill by switching to xfinity internet and mobile. with nationwide 5g at no extra cost. and lou! on the most reliable network, lou! smart kid, bill. oh oh so true. and now, the moon christmas special. gotta go! take the savings challenge at xfinitymobile.com/mysavings or visit an xfinity store to learn how our switch squad makes switching fast and easy this holiday season. mom, hurry! our show's gonna start soon! i promised i wouldn't miss the show and mommy always keeps her promises. oh, no!

seriously? hmm! it's not the same if she's not here. oh. -what the. oh my goodness! i don't suppose you can sing, can you? ♪ the snow's comin' down ♪ -mommy? ♪ i'm watching it fall ♪ watch the full story at www.xfinity.com/sing2 ♪. david: saule omarova stepping down as president bidens nominee of comptroller of currency but will she be replaced with another nominee just as radical in their assault against capitalism? hillary vaughn in capitol hill with the very latest on this. reporter: david, president biden's pick with comptroller of currency came with a lot of baggage for the president. dr. saule omarova withdrew her own name in a nomination, at this point in the process it no, no longer tenable to continue as a presidential nominee but the

white house is still standing by her. >> from the very beginning of her nomination she was subject to inappropriate, often personal, unfair and completely unacceptable attacks. reporter: republicans loudly voiced their opposition to her nomination. even some democrats did so in private. omarova a former citizen of the soviet union praised them for paying men and women equally. called people in the banking industry a-holes and said it was a good thing if oil companies went bankrupt. i tried to ask omarova if this was too much of a distraction. do you feel your past comments are too much of a distraction for the president? republicans are cheering the move and telling biden to pick someone better. senator pat toomey, says i hope they will pick someone mainstream views about the american economy. david? david: hillary vaughn, thank you very much. there is a radical agenda to

kill capitalism and it is not leaving with omarova with the radical professor who with drew her nomination. the problem is not professor omarova. the problem is the administration who put up a nominee to move the lifeblood of capitalism for private banks into the hands of government. that is professor omarova wanted to do. that would destroy private enterprise in america. will the administration continue to pursue its anticapitalist agenda with or without this nominee? joining me former economic advisor to president trump, freedom works economist steve moore. steve, thanks for being here. do we know who actually put up this nomination? >> we're trying to figure that out, david, and i think you really hammered it. this really isn't about omarova. obviously she had pretty crazy ideas way outside the mainstream of most americans but it was really more, this tells much more about this administration, that they would actually put

someone like that up for nomination. in fact i would say it was unfair to her. she was indicted with her own words about trying to kill coal companies, oil companies, private banks, morgan stanley. she doesn't believe in the free enterprise system. she is not the only one, david. as you know there is a key appointee to the federal communications commission who says that she thinks that maybe fox news shouldn't exist because of its, of its views. the people, the woman who runs the federal trade commission wants to basically regulate all mergers and acquisitions in the economy. i could go on and on but this is a pattern and it is the resurrection of the regulatory state as you know donald trump talked about repealing regulations. this is an administration that has you know, the regulatory state at the fastest gear. david: but it really goes beyond that, revision to what we've

seen before. i've never seen an administration that really wants to cut the heart of capitalism. capital, let's face it, is the lifeblood of capitalism. it is the beating heart of capitalism and if you take it and move it from the private sector, from private banks an private banking institutions to the government, you're socializing capital in america. that would essentially be the end of capitalism, of private enterprize be wouldn't it? >> well of course, this has been really a theme of the biden administration from the very start. i mean look at the trillions of dollars of spending. look how it is going to take over the child care industry and welfare industry. david: let me interrupt for a second here because we hear from president biden himself, steve, he is a capitalist. he says he is a capitalist. if we take him at his word, he has contradicted him before, if we take him at his word somebody

in his administration is working against has stated interest being a capitalist. >> i agree with what you just said, david, except for one thing. i don't think it is any one or two people. i think it is endemic throughout the biden administration. this is your card of entry, that you're very suspicious of capitalists and the capitalist system and, you know i see it, as i said in almost every regulatory agency. these are hyper regulators. they want the government in many cases to strangle businesses. they think that companies that make profits that are too large are somehow dangerous to the american economy. as you and i know, profits are what make the world go round. it is what makes our economy work, that businesses have a profit motive. when is it a crime to make money for your shareholders and your workers. i think it is systemic. i think it is very troubling and i'm glad to see that the omarova dropped out but there are many others, and i wouldn't be surprised if they follow her up with someone with just as

radical views. david: we should just to really put a fine point on how radical this is, this is beyond sort of the mild-mannered democrat socialists of bernie sanders. this is hardcore marxism where you actually take private capital, all of private capital, put it in the hands of the fed or, another institution, that is controlled by the government, remember, who was the first central bank president of communist cuba? it was che guevara, he was head of the central bank in cuba in 1959. this is where a lot of these people want to go and again, this is, this is beyond democratic socialism. this is really hardcore, hardcore marxism. >> if i may i wanted to add one other point which is now it has invaded the federal reserve board, david. it is in charge of our money supply, making sure we don't have, that our kerr ren currency

is stable and no run away inflation. they want people on the federal reserve board to look at gender equity issues, issues with respect to gay rights and other things that have nothing to do with our monetary policy and if you create all these new missions for government, it is not going to do the things it is supposed to do very well. david: you know, you mentioned the fact that omarova is on record wanting to go after the oil, all the fossil fuel companies and put them out of business. she want to do it because with the control of capital, play the sound bite, get your response to it, roll tape. >> the way we, we basically get rid of those carbon financiers is we starve them of their sources of capital. david: starve them of their sources of capital. this is why, if the government controls all of capital, it has the capacity to control the entire economy. >> there is a, one of the

provisions of the spending bill is to create a multibillion-dollar, essentially like an investment fund that where the government will direct where the money goes, because they don't think that the private sector does a very good job of it. i would say the genius of our system, and the reason that we have the best, you know, values of our companies and the world is because we let capitalists decide where the capital flows, where it is going to provide its highest return and there are many people in the biden admin vision thinks, hey, government, politicians can do that better than people like warren buffett and they're very wrong about that. david: yeah, not only are they very wrong, this, a lot of people say that they're concerned that we'll to into the direction of what happens in europe, the way things -- this is beyond, can you think of any country other than a solid communist country where they have all of the control of capital in the hands of government institutions? other than the countries like communist cuba, i can't think of

a country in europe that does that, can you? >> none of them are very, by wait that is one of the reasons i'm not a big believer that china will take over the world because they do rely too much on government to make these decisions an government isn't very good at it, david. japan tried that model an for a while it worked. then it crashed their economy. so i don't want to go in that direction. i want to let people really smart like warren buffetts of the world direct capital rather than politicians and government bureaucrats. david: bottom line, i think, this has been a wakeup call. again it is not an attack on one person. it is an attack on those who want to destroy capitalism in america and to the extent we've seen this direction, do you think it has been uncovered, the curtain has been pulled back and another nominee like this is not going to be able to get through? >> i hope you're right and but there are many others that are already in the pipeline. you know for example, this woman i was talking about at the

federal communication commission who thinks that broadcasters like fox news are sinister. we can't have people who have conflicts of interest in those positions of power. david: people want to destroy our free enterprise system, in fact our entire constitution, the first amendment. we don't want to forget about that. steve moore, great to see you. thank you very much for being here. appreciate it. >> thank you, david. take care. david: you too. still to come, the border crisis trump's remain in mexico policy is back but the biden administration is still trying to fight it even as they're forced to implement it. as texas turns to boats in order to stem the flow of migrants across the southern border. up next, congressman buddy carter is here on the irs snooping on your bank accounts to help pay for biden's massive spending plan, basically looking into any american making less than $400,000, that include working class families making

under $25 million. we look how all of this could impact your wallet. keep it here on "the evening edit". ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. ♪♪ this... is the planning effect. this is how it feels to know you have a wealth plan that covers everything that's important to you. this is what it's like to have a dedicated fidelity advisor looking at your full financial picture. making sure you have the right balance of risk and reward.

and helping you plan for future generations. this is "the planning effect" from fidelity. and helping you plan for future generations. my daughter has type 2 diabetes and lately i've seen this change in her. once-weekly trulicity is proven to help lower a1c. it lowers blood sugar from the first dose. and you could lose up to ten pounds. trulicity is for type 2 diabetes. it isn't for people with type 1 diabetes. it's not approved for use in children. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy. serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin raises low blood sugar risk. side effects include nausea, vomiting, and diarrhea, which can lead to dehydration and may worsen kidney problems. ask your doctor about once-weekly trulicity. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do.

indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire when i heard about the science behind the new sensodyne repair and protect matching your job description. with deep repair i was super excited about it. it shows that the toothpaste goes deep inside the exposed dentin to help repair sensitive teeth. life is just too short to miss out on simple things like drinking that cold cup of water or having a sip of hot coffee. i have the science to prove it, i can see that it works and i feel confident recommending it to my patients. i'm really excited to recommend new sensodyne repair and protect with deep repair.

david: a war on the middle class. the non-partisan joint committee on taxation confirmed 87 million americans earning less than 400,000 would have their accounts under president biden's irs snooping proposal. joining us to discuss,

congressman buddy carter from the house budget committee. good to see you, congressman. 87 million, this is the solid middle of america that would be targeted by this supersizing the irs plan. >> absolutely this is the working class. this is the middle class as you indicate. remember what joe biden told us. that those under $400,000 they wouldn't be impacted by that. an absolute lie. we already heard from the bipartisan joint taxation committee, that yes, 87 million americans will be impacted by this. that is why we need to abolish the irs. that is why we need to adopt my legislation, the fair tax. that way we can make sure that we don't have to put $80 billion into this plan and hire 87,000 more irs agents. with the fair tax we can do away with all of that. do away with the irs. david: congressman, for those who don't know the details, let me emphasize what we're talking about here, supersizing this. you mentioned 87,000, by the

way, 87,000 irs agents, new, irs agents that is a small army. in fact we went and looked, the government of australia has a government of 30,000 active members. germany has 64,000. england, our ally england has a army of 82,000. that is still less than the number of new irs agents that the supervising would involve. plus they would have the extra snooping authority to look into not only incoming money but outgoing money of bank accounts. >> absolutely. and make no mistake what they are being hired for, the biden administration wants to hire them to spy on you, look into your bank accounts. that is exactly what they're there for. you know, this is beginning to look less like america, more like a socialist, a failed socialist nation every day. david: now how would your abolish the irs rule work? what kind of tax would you have to replace what we now have? >> well, the very popular fair tax which has been around for a

long time that we haven't adopted yet. it would set a median tax of 23% that would go on everything. it would be a consumption tax. if you bought something, you pay that tax. it is inherent in anything that you buy. you know, people don't like taxes, i understand that. they especially don't like property taxes but they can tolerate consumption taxes where you control how much tax you're going to pay. david: the problem though, congressman, that milton friedman and other free-marketeers had with the tax, it is too good. it is impossible, it is impossible to avoid and governments have this capacity to raise it. in europe you have some 40% consumption taxes in some countries. isn't, wouldn't a better way be the steve forbes flat tax, flat 20% tax rate on everybody, with no deductions, everybody and no corporations? >> i would be in favor of that if we get that pass, i'm all for it.

anything we can do to abolish the irs i'm voting for. david: the bottom line is, will this pass, this supersizing of the irs? it is still a part of the build back better plan but i don't think joe manchin would be in favor of this. is he? >> i certainly hope not. i certainly hope he holds his ground. i hope kirsten sinema holds her ground. i know her to be a person of her word. so i'm hoping. listen this build back broke plan they are proposing here, don't be fooled, this is not down to $1.75 trillion. it is still $3.5 trillion. only thing they did was cut back the length of the perhaps. you know once they get those programs started they will never end. david: congressman buddy carter, great to see you, sir, thank you for coming in tonight. appreciate it. >> thank you. >> still to come, court packing, the supreme court commission taking virtually no position so where do we to from here? we investigate. coming up next former nypd

detective oscar odom, crime in america plaguing the holiday season. look at this, the christmas tree in fox plaza set on fire last night. what will we do about it? and looting continuing as chicago's mayor tries to shift the blame on to the retailers. what's up with that? we'll tell you coming up.

in a recent clinical study, patients using salonpas patch reported reductions in pain severity, using less or a lot less oral pain medicines. and improved quality of life. that's why we recommend salonpas. it's good medicine. the living room slash yoga shanti slash regional office slash... and this is the basement slash panic room. maybe what your family needs is a vacation home slash vacation home. (vo) what's better than giving a better phone find yours on the vrbo app.

this holiday season? oh! i know, i know. giving a better phone on a better network. how much better? ranked #1 in network reliability 16 times in a row better. the most awarded for network quality a whopping 27 times by j.d. power better. yeah. and verizon is ranked #1 in customer satisfaction for small business wireless service better. this round's on me. holiday better with 5g from america's most reliable network. because everyone deserves better.

david: so there is no doubt the country is grappling with a crime wave. we saw it first-hand right here at fox in the early hours of the morning. fox's all america christman tree which had been lit in an on-air ceremony on sunday, and the fire was set at 12:15 a.m. the fire went to surrounding trees but thankfully no one was hurt. an arrest has been made but the suspect is facing a multitude of criminal charges. there is no known motive at this time this is another example of brazen crime breaking out in

cities across the country. bryan llenas has more on this. reporter: david, the numbers don't lie. nypd data that crime is up over 4.3% since last year. murders are pretty much the same but robberies are up 3.8%. felony assaults are up nearly 9%. auto grand larceny spiked more than 14%, and number of hate crimes in the city has nearly doubled this year compared to 2020. nypd commissioner dermot shea who retires at the end of this month says the city's bail reform laws, releasing criminals back on the streets is to blame. >> we're seeing a little bit of mental illness. we're seeing disregard for common decency but when you, when you have mass amounts of people put back on the streets that have traditionally been held in jail, you're seeing some of that permeate here as well. that is just a fact. reporter: nationwide 12 major cities reportedly broken all

time homicide records in 2021. this include the city of philadelphia where 523 people have been murdered this year. that is a 13% increase compared to last year and it breaks the city's murder record set back in 1990. yet philadelphia's progressive district attorney larry crasser in and the city's top cop, not only not agree how to reduce shootings but they don't even agree if crime is a crisis. >> basically we don't have a crisis of lawlessness. we don't have a cries zest of crime. we don't have a crisis of violence. >> absolutely. we absolutely have a issue with violent crime. reporter: cazer in faced a lot of criticism for those comments. 59 children have been gunned down in philadelphia, 14-year-old jefferson was shot down for no apparent rhine

waiting for the bus for school. david: unbelievable, brian. thank you very much. we have former nypd detective oscar odom, thank you for being here. you have experience on the from the time lines, as a police detective, a professor of laws as well. what is going on here? >> well the thing is, this is, as you just stated, data, data, data. the data does not lie. a dead body does not lie. you add that number of over and over again. they have to sit down to the table and open up their eyes and see what is taking place. allow the police to be police of course. perfect policing but also after that, what they have to look at is once they have this, they have to stop releasing people back out on the streets without any sort of treatment, without any sort of accountability because when you do that, you hurt the public and you hurt the businesses. turning a blind eye to it will not do it.

i always recommend politicians need to do ride alongs with the police officers so they can be there on the front lines with them and take a look themselves. david: but doctor, what do you do with these prosecutors? you saw what happened in philadelphia and chicago where the prosecutors and in l.a., you have these smash-and-grab incidents all over l.a. but, and you have arrests but, these people who are arrested are immediately let out because what they did is considered to be a misdemeanor and they can't hold you on misdemeanor charges? >> right. so, if they can't do that, it is a tough part for a cop because of the fact you see it is a revolving door. it is tough for the public suffering at the hands of these people let out with any sort of treatment, any sort of accountability, you see that happens. only other thing you can do is start voting these people out. this and that, the bodies will continue to stack up. people continue to be robbed and assaulted. until there is some sort of accountability, then you have issues. as i state, there needs to be

accountability. there needs to be accountability for whatever area you need to cover, sit down with the police. this is your area. you have 100 murders. what are you doing? are you bringing resources? are you making sure they get in treatment? are you making sure these people are held accountable and doing time if necessary? so, they have to answer for these things that are taking place besides this revolving door of people coming out with any sort of health treatment or accountability. david: we just had another example of that in new york. some examples all over the country. you can pick a dozen cities where this happens but we had 32-year-old man, got serious issues, mental issues but he is out on the street, just cold cobs a couple of women that are shopping 9:00 a.m. in the morning right here in new york. immediately he was let out. he shipment have been let out in the first place. he shouldn't have been walking on the streets. what do you do with people like that? >> well that is the thing, for the police officers, the thing all we can do is just arrest

them again but the public is suffering. as i stated, the politicians and the legislators need to be held accountable for this. if there is true concern for the public, and if we're all trying to achieve the same goals, then therefore they need to put something in place when something like this happens. or we just need to have a big chart to say that, this is how many murders happen in your area. this is how many robberies happen in your area, and call you out on it, see what you're going to do. we want you to do the right thing, if not have a chart to look at it. david: comes back to broken windows. the broken windows theory worked, what giuliani used to clean up the city in the '90s. if you let the so-called little crimes going on eventually end up with big crimes. if you cut down on the small crimes, you're going to see a diminution of the big crimes as well, very quickly, last word. >> yes. i always say don't do the crime if you can't do the crime. i like something from

michael jackson. i'm looking at the man in the mirror asking him to change his ways. asking politicians, legislators, look in the mirror, look what you do to improve the areas you represent. i know you want to do it. please just do it. david: dr. oscar odom. thank you for being here. appreciate it. coming up next supreme court expert ed whalen, court packing for the supreme court commission taking no position. so where do we go from here? we investigate coming up. 't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 dollars. hey tex, can someone else get a turn? yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪

hi, my name is cherrie. only i'm 76 and i liveneed. on the oregon coast. my husband, sam, we've been married 53 years. we love to walk on the beach. i have two daughters and then two granddaughters. i noticed that memories were not there like they were when i was much younger. since taking prevagen, my memory has gotten better and it's like the puzzle pieces have all been [click] put together. prevagen. healthier brain. better life.

david: so disappointment this week for progressive pushing to pack the supreme court as president biden's supreme court advisory commission took no formal stance on adding more justices to the nation's highest bench, releasing a 288 page report offering arguments for and against court packing and judicial term limits. for reference, nine justices have filled the top bench since

1869. but that number shifted between five and 10 in the preceding years. joining me ethics public policy senate president, former clerk to justin antonin scalia. ed whelan. thanks for coming in. now it is up to president biden and congress to make their move, right? >> i think basically the court packing threat has been shown to be an empty bluff. i don't think you will see anything more on this. david: that is good news. i'm just going to quote from the report itself. it did warn about court packing. they said in recent years we've seen democratic governments regress or backslide with respect to judicial independence. an electoral majority is not sufficient to change the fundamental structure of institutions such as the courts. so what they're essentially saying is just having the majority is not enough to do something so fundamental as to pack the court. >> well, that is right.

president biden's hand-picked commission of members very heavily left-leaning. a lot of very intelligent left-leaning members come out with no endorsement. i think they recognize to pack the court is to destroy the court. you would destroy it in the process of stealing it. it its important that folks on the left actually look more than a step down the road as some progressives have been unable to do in this area. david: well we have seen, we have seen the progressives push so hard even in areas where establishment forces like with commissions like this, they try to override sensible commissions in their opinions. do you think that, that this is the end of it, or will they continue to try to push the biden administration and congress in some way towardsing. >> i think it is the end of it. i simply don't see how they would have the votes for this. i don't sigh anything that would change that.

i include that i don't see anything would change that, including overturning of roe, i don't see how that changes the dynamic here. david: very quickly, how about term limits, limiting a term the justices can sit on the bench? >> that is a very, very complicated idea to implement anytime in the next few decades. so i don't see that happening either. david: but bottom line is, you think this is a win for the good guys? >> i think it's a win for the ruled of law. i think it is a win for our separation of powers, our institutional structure and yes. david: your old boss, justice scalia i think would have been happy with the decision, no? >> i think he would have been. and i think lots of other justices on both sides of the idealogical aisle are happy with this result as well, as justice breyer made clear and just tis

ginsburg did. david: trump's remain in mexico policy is back but the biden administration is still trying to fight it. details coming next. (other money manager) so you do it because you have to? (naj) no, we do it because it's the right thing to do. we help clients enjoy a comfortable retirement. (other money manager) sounds like a big responsibility. (naj) one that we don't take lightly. it's why our fees are structured so we do better when our clients do better. fisher investments is clearly different.

as migrants continue to flow across the southern border,

trumps remain mexico policy is due back in court the biden administration continues to fight it. joining us now, text attorney general ken paxton. general paxton, even though remain in mexico is back, the administration has been dragged kicking and screaming going back to remain in mexico and they are still fighting in court, aren't they? the mess that is true, they took forever to implement even after we had court order telling them they had to follow federal law, they were not exempt from federal law and i'm not surprised it would continue, didn't like it or will allow illegal immigrants in as fast as possible. they've made that clear from day one. david: if they are forced to do it, are you going to monitor their compliance with this? the court said they have to go back to it. >> absolutely. we are going to watch monthly numbers, we asked the court to

enforce this because even after going to the supreme court, we one. we didn't feel it wasn't enforced so we filed a motion to enforce twitter required to give information about what is happening so we are going to watch carefully because they've shown no history of complying with the law. david: beyond getting information from them, are you actively going to monitor whether or not they comply by sending a agents making sure they are doing what they say they do? >> yes, we are going to watch federal numbers from border patrol, spree correct numbers the also watching local officials and state police and national guard to find out what they are saying so i'm down there a fair bit and try to get information and i think we get good information, it tends to be fairly consistent no matter who you ask. david: what about covid protocols? we know they were not applying covid protocols to illegal immigrants they were applying to the rest of us, u.s. citizens

and letting unprotected migrants go all over the country in secret trips, is that improving or are they still up to the same thing? >> to me it looks like even though we been fighting them for you are citizens you have the choice between your job or your health, they don't require vaccinations for illegals and they don't test most of them so you don't want to know if they have of it and they don't seem to want to prevent it and they sent them around the country to secret places i think republican state and up with higher numbers because of. i think there's no doubt the number of people coming across the border with covid has affected our numbers. i don't know how you track it because we don't know where the people are. the federal government is not transparent where they send them. david: bottom line is, you in texas and other border states have taken on the role of doing what the federal government to

be responsible for in terms of guarding the border. i understand you have an armada of both in parts of the rio grande to prevent people from swimming or wading across, is that true? >> it's crazy, we've spent billions trying to build a wall trying to provide more agents on our side. we have more equipment and helicopters, boats and this armada you are talking about and it's unfortunate because it's the job of federal government but we are incurring the cost because we what otherwise of illegal immigration and negative impacts. david: have you added it up? you know how much more you are paying now because of biden's pullback doing what they are responsible for, protecting the border? >> i think the number from last session which ended in may and a couple of special sessions was around $2 billion, a significant for our state. over the past decade and more, we spent billions of dollars

that otherwise we should not have had to spend because the federal government has refused to do its job. david: meanwhile, there are other ways in which this administration is going against texas, in particular apartment of justice taking on for redistricting and insight that, explain. >> this is déjà vu all over again. the biden administration is not unique, obama first sued us about ten years ago claiming we had racial discrimination. we one that, it took years and years and drag on forever. i'm confident this time it will not take as long and we will be vindicated and elected representatives of our state or control fest rather than the biden administration trying to force more democratic line drawing to take over texas. david: it does seem to be a vendetta, doesn't it? >> it's not just this, they tried to take away medicaid

money and we one that. it seems like a nonstop attack on texas because we are a republican state. david: extraordinary. thank you for being here. ken paxton from texas, appreciate it. i'm david asman and for elizabeth mcdonald, you're watching the evening edit on foxbusiness. thank you for watching, have a wonderful evening. ♪♪ ♪♪ kennedy: crime is now so that even cops are admitting they are powerless to stop it. who do you blame? the idiot politicians who wrapped everything and put us all in danger? or the criminals? let's look at this, all-time record homicides. among them, one of the birthplaces of the defined police movement, my home town portland oregon. good job, idiots. earlier this week, the tweet, due to critical incidences today, staffing shortages, officers are