>> the market is balancing, the federal reserve will pivot, bond yields at a short high and market relative. the market got oversold, people got too negative and rally 5% off of the lows from friday. enough to hang our hats on. >> they are going to destroy the economy and that is the wrong thing to do. >> i would not put any stock in

short-term wiggles and wobbles in the market. >> the s&p index for the long run is always the best investment, but on america and america class prosperity. ♪ stuart: is going to rain all day in new york city, that is fox square in new york city. it is 11:00 eastern time, tuesday, october 4th and it is a rally. look at this. gaining more ground, the dow up 700 points, 2.52%, nasdaq up 360, that is 3.3%, big tech across the board. we got amazon, 9. 5%, 3. 5%. off about 3%, apple to present, meta 2% higher.

the 10 year treasury yield at the center of the action, all the way down to 3.58%. mike lee joins us this morning. is this a bounce or is there something more to it? >> i tend to believe there is something more and something will change, the reason is they have been talking about soft landing, doesn't mean stock markets are down 1% or 2% or 3%. additives moving and orderly faction, markets don't seize up, that is been the case until last week when uk pension funds needed to be bailed out by the central bank, these pension funds are centralized. there is not hundreds of thousands, there's generally one central one for most of these countries and they buy long-term bonds, to mac their

asset liability and those long-term bonds were selling off dramatically and central bank had to come in and bail them out and combined that with credit suisse and uk pension funds, the un is out yesterday, markets are starting to seize up, the soft landing no longer looking like a possibility. this led the market to believe they will pivot and hopefully we have seen the bottom. stuart: can you explain why the yield on the 10-year treasury has dropped below 3.6%? is in a recession indicator or a flight to safety of some sort? which is a? >> it is of those underfed pivot. you see this inversion and we are looking down the barrel of

a recession but on august 1st the expectation for fed funds rate february of that year was 3.25%. if that changes looks like the stock market and bond market interest rates will be a lot lower making stocks a lot more attractive and the fed raising front end interest rates to 3 and 3 quarters of 4% versus 5% plus over the next 6 to 9 months is a huge deal in the markets. stuart: a huge deal for the markets. mike lee, appreciate that. come on in, amazon is a big mover. lauren: they have an 18% stake in rivian but amazon is up 6%, apple is up 2%. and a record number of vehicles and we are on target to produce your end goal of 25,000 contrast that with tesla

yesterday. i believe caesars is doing well, when gaming company. lauren: number 2 on the s&p 500, maryland is hoped -- close to allowing sports betting and going up 60 mobile sports betting licenses being handed out. stuart: the cruise lines, i love to talk about cruz lines, we are talking about it again. lauren: they restarted operations in australia. they set sail from sydney not just the first of the pandemic but the first in 12 years so as australia starts to loosen their covid restrictions this is an opportunity. stuart: i am going there in november. but i'm glad to hear the covid restrictions of enlightened. thanks very much. now this.

throughout the west, gas prices are surging, the worst spiking years. nevada, oregon, alaska, arizona all seeing gains of $0.30 and alan in a few days, the people california taking the biggest hit, regular averages in california, 641 and that is over $0.50 a gallon in a few days. for a stay with the highest poverty rate in the country and wisest income gap, this was bad news. governor newsom wants to be president, despite what president biden says this is all about supply and demand. california demand specially blended gas, three of the refineries that produce it are having production issues. they can't supply the gas, uber green california demands. opec is considering cutting oil production by 2 million barrels a day, early reports that was 1 million, now they are talking maybe 2 million.

what an embarrassment. the president bagged the saudi's to produce more, but he won't allow us to get our own energy. day one, when handed america's energy independence he was in the pocket of a greens, they are paying for his green dreams and californians are paying the most. surely at some point voters even in the formerly golden state will figure out they are being taken for a ride. senator smith will be with us in a moment, lauren is with us now. what do you think of this? lauren: opec was exposing potential cut tomorrow, the big number exposing the folly of white house policies on oil and gas, production, exploration will bite them in the butt, more resources, we can't get them. there's less supply on the market. stuart: we are paying for the president's green dreams, and a when you end america's energy

independence, production of fossil fuels, 18 months later you've got $6.40 one sent gas in california. i believe it is higher in los angeles. averaging $6.50, 70, something like that. >> switch to the blends, both planned and unplanned, you have taxes, very expensive in california. when people go to the polls this is what they think. what i saying? lauren: sandra smith. >> i got stuck in an elevator. the sneaky ones that come down here and it wasn't happening so went the long way. stuart: talking the surge in gas prices in california which has the highest proportion of poor people, poor people drive gas powered cars, not the evs. >> democratic policies, the democratic party say, out to

help those who need help the most hurting the group. you can say that about a lot of policies. grocery prices had not come down, look at the market rally. this is something we came off of and we are watching this market and digging through analyst notes to figure out, analyst notes continuing to point out the united states, a pile of dirty laundry, that continues to be the case but that the outlook for wall street when trying to assess where the market goes next. that and the federal reserve, they choose not to go through for cortisone basis point, wall street will applaud that. you can make the case, what is happening. stuart: what they think is happening, but the fed might

pivot. that's the belief at the moment or don't use the word pivot, raising rates at a slower pace. lauren: can i say something about the ev thing when talking gas prices, try this and this is an experiment. in electric vehicles, new york is following california, try to go by one, say money is not an issue for you and your family and you want to buy an ev, you're weightless and a lot of these sites, start to finish the you go on there and it will take a long time for delivery of an electric vehicle if you get in line for one and once you do the average cost of electric vehicles, $70,000, most of the ones that are available exceed $100,000 when i was looking, there's lower prices. stuart: you look for an electric vehicle, unless it was $100,000. how long is the wait list? >> depends which country you are looking at.

stuart: name a country. >> i will tell you if you want to go not the tesla route, but luxury ev root or bmw or something you are talking like what it said to me as you go on a waitlist and they will let you know. i hear that could be months. >> they cut your trim options as you get closer. i speak to oil executives all the time, they get pounded on all the time, we love the environment, we drive teslas and we go camping. to constantly hear from the administration going to your dirty laundry, we are the cleanest place to produce oil and basically, foot on their throats, doing everything better than they want us to. >> what else have you got? stuart: got to close it out. i will leave at the following comment, gavin newsom, the president of the united states

of america, $6.41 gasoline. >> i will be covering it. stuart: i am supposed to see that. sandra smith, america reports. you are all right. we told you about kim kardashian's million dollar plus fine for promoting crypto. now the same scandal could hurt her chances of becoming a lawyer. we are on it. hurricane ian devastated farms across florida, just as planting season is about to start, we talked or real farmer in order, the supreme court back in session on the docket this term, affirmative-action, environment a protection, voting rights, former supreme court clerk carrie silverinoh joins us with the top cases to watch.

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stuart: there is a picture of rain, much of yesterday and a lot of tomorrow, rain rain rain, 50 one degrees. it is paul. we are showing new york city, they are considering a new program in the city that would pay people who would report illegally parked cars. what is this about? ashley: colletta's niche fee. according to a bloomberg report new york city council member pushing a bill that would reward new yorkers with cash reporting illegally parked cars around town. if residents about it photo or video evidence of parked

vehicles blocking bike lanes and sidewalks, crosswalks or entrances and exits at school buildings they get a 25% of a proposed one hundred $75 ticket ticket or $43.75. they claim the new york city police department hasn't issued enough tickets enforcing party rule but they argue it could lead to violent conflict between drivers and supporting civilians and the cost of a ticket will say critics harm lower income new yorkers more harshly than others. if they do it and it goes through you could make cash. stuart: i guess so, let's leave it at that. we will come back to you, promise. show me the price of oil going up 3%, $86 a barrel, the price opec, hold a meeting tomorrow to decide on production cut, the price of oil is up so much, grady trimble, they might cut

one million barrels a day, now we are hearing 2 million a day? clarify please. >> it is not off the table, they talked saudi arabia alone could cut production by 1 million barrels a day and the other opec plus companies would kick in a cut of another billion barrels a day and that would be a slap in the face to president biden who as you remember went to saudi arabia to ask them to drill more, saudi arabia said they would but opec is flexing its muscles, and biden is running out of tools. they draw down from the strategic petroleum reserve, set to expire next month and at the same time analysts expect oil to keep climbing above one hundred dollars per barrel. the biden administration doesn't seem worried about rising oil prices before the midterms at least not publicly.

>> thanks to our efforts we've seen energy prices have declined sharply. from their highs american consumers are paying less at the pump until that will be our focus. >> prices at the pump did fall all summer, they've done an increase in the past two weeks, they are final average was $0.60 higher than it was a year ago and looking at the price of california $6.41, there was talk for a while we might it below $3 a gallon for national average by the end of this year and can kiss that goodbye. stuart: dream on, see you later. still up 760 on the dow, this is rally this tuesday morning. the supreme court started a new term and our next guest says this new term should bring constitutional clarity. a former clerk to justice

thomas, carrie, in what way could conservative majority change key issues? can you start with harvard or race? what change could we see? >> this is whether there could bring clarity. where they use race in their admissions policies, back to the court earlier over the past few, i can think of a colorblind answer, and university of north carolina issued here, using race in practices, trying to help certain races, but against others, asian americans with much higher scores to get into those institutions but if the court doesn't give a clear answer, but gives balancing tests, and unclear stuff like they have in the past, we will

see this and the continued use of race in admissions. we went conservative majority constrain it out. and but about voting methods and methodology? >> alabama's photo districts told by that, and taking race more into account. will this enforce colorblind principles? alabama are user and the voting rights act as well as the constitution or are we going to take that more into consideration? another case out of north carolina looks at who decides what those are, and the legislature decided and what the constitution says, state legislatures are going to do that. they jump in and second-guess that. they follow what the rules are,

something they don't privilege one party over the other, but prox the party legislators are controlled and simply answers the question who is it that decides? stuart: after the reversal of roe versus wade we saw the homes of conservative justices, not exactly attacked but protesters were out. i think it was intimidation and is that heightened? if you get the conservative majority in its current term really exercising its power, liberals are going to know it. >> they are making that annoyance known ever since the leak last may, 6 nights a week, protesters at the homes of these justices, people who used to be relatively anonymous in terms of where they live and just public information, and justices like justice barrett or justice kavanaugh, school-age children, that is threatening particularly in the context of justice kavanaugh's

attempted assassination. it is something that violates federal law that we haven't seen, the department of justice enforcing the concern. >> thank you for joining us. see you again soon. kim kardashian's legal career in jeopardy after charged by the sec, she paid the fine, but what is the problem with legal career? ashley: in california, not idly take the bar exam, with character committee and that is where kim kardashian has explaining to do, social media influencers agreed to pay one. $2 million in penalties and cooperate with the sec's ongoing allegations of promoting crypto tokens on instagram in june of last year without letting her millions of followers know that she was

paid 250 grand for the plug. and paying the settlement the sec says kardashian didn't admit or deny wrongdoing, experts say they might not prevent her becoming a lawyer but will raise a big flag she has to explain, kardashian wants to become a lawyer to fight for prison reform. stuart: florida's governor desantis caught a lot of heat for this morning to looters, roll tape. >> don't even think about looting, don't even think about taking advantage of people in this vulnerable situation, a second amendment state. we won some people didn't listen, four suspected looters now under arrest. britain prime minister liz truss made a major u-turn and abandoned plans to cut the tax rate for the wealthy, could this be a signal that liz truss is on the way out? we will deal with that next. ♪ it's been a hard day's night

♪ and i've been working like a dog ♪ it's been a hard day's night ♪ i should be sleeping like a log ♪ ♪

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stuart: i guess that is an easy choice of movie, no. fly with me when looking at the general mitchell airport in milwaukee. show me boeing. they are no longer confident there max jet will get faa approval by next summer. to win that approval they've got to meet new cockpit safety requirements put in place after two max jet crashes. the stock still up 5%. check the overall market. the rally continues, the dow is up 780 points and the nasdaq is up 364. i call that a rally. we are looking at posh market. >> the secondhand retail seller if you want to call it that. social media giant neighbor, half of the valuation.

and $18 apiece, a long way off offering $42 in january of last year. to internationalize the business, and talking about boeing, value stocks rallying in the treasury yields. it is not a value play. stuart: big tech is doing extremely well. let's go through it. >> when 10 year yields come down, these are growth stocks based on future earnings, pricing 125 business points with more interest rate increases and a lot further down into the 165, they

anticipated after that hawkish interest rate the last time around. stuart: that implies a slowing in rate hikes. susan: because of slowing in the us economy because manufacturing numbers, below 11 million since september last year, the biggest month on month decreases we have seen in some time. stuart: electric car stocks, you're always on top of them and they are rallying big time. susan: looking across the board, you spent the last 30 minutes talking about the quota being cut by opec. oil prices are up, these electric car cars are more interesting even with 20% advantage. stuart: i never thought of that. that is the rationale. oil prices up, gas prices up. susan: gm had a fantastic

summer, 20% more car sales. thanks very much. in britain, prime minister liz truss announced she will drop her plan to cut the tax rate on high income earnings. does the signal that liz truss is maybe on the way out? >> i would deeper to bookies and 50% right now, they think she might be out by the end of the year, for to one. let's talk about that issue, we must remember liz truss has neither a democratic mandate nor a parliamentary mandate, she was not elected by the people, boris johnson don't forget had 80% voting public and he broke through the red wall which was the wall of the labour party, the opposition party, she doesn't have that, wasn't elected by the people,

she was elected -- secondly when i mentioned parliamentary mandate, a third of those in ps backing boris johnson found the third of them wanted her opponent in the final race, so only a third of parliamentarians. she didn't have much of a choice because she wasn't going to get that through parliament. we all saw the international banking community piling on her. even the imf, and in ireland it is a 40% rate, going back to where it was when blair was in power, something that was 2 billion after the massive package of too much attention it was the optics. stuart: turmoil in the british government. king charles and queen consort

camilla went to scotland for the first public appearance at the queen's funeral, howard they received? >> you must remember this was a place where the queen sadly passed and the scots came out in force. they were received very well, what was interesting about it, there was some doing and particularly, it was for not for him, not for the queen consort and the scottish first minister. what does that show? i will tell you this, when the queen's casket was going to scotland, and if you notice carefully even the tractor drivers were lining up to watch the casket. this was an outpouring of the scottish people and they demonstrate they want to be part of the union. stuart: that is fascinating.

who would have thought? thank you very much. we want to announce on october 17th we will hold a special program in the 11:00 hour, a live studio audience. it is free, got to register online. go to eventbright.com and search varney. you submit your questions if you want to, varney@andyou@fox.com. president biden and the president of ukraine, zelenskyy, speaking on the phone. we will keep you updated on anything that comes from that call. teacher shortage so severe that some are recruiting them from halfway around the world, first responders in fort myers going door-to-door searching for survivors or anyone who needs help. barrier islands are completely cut off. madison allworth has the story

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stuart: yes, folks. the rally lives and as as strong as it was throughout the morning, dow was up 760 points, 2. 5%, nasdaq 360, 330%. it is up 2. 5%. that's a huge rally. big tech leading this rally. they are all up all big time. amazon 5%. meta platforms one%. up about 2. 5%. look at microsoft, 3.4%. that is a rally and has been sustained throughout the morning. tomorrow the president will head just florida surveying hurricane damage. congressman mike walt's joins us with a preview of that visit. >> what the president will see

is we have a long way to go. what i hope the president will show leadership and what i would like congress to do is look at this covid aid and repurpose that in the short to medium term rather than spending the money. stuart: madison allworth from a fema distribution site. what's the number one thing people are in need of? >> reporter: the number one thing is tarps, you have something stacked high with them. people need to ask for them at is justyou should the site but everyone says it is hard to find and this area was hit hard by the storm. a lot of wind damage. people have roof damage, tarps provide safety and issues with leaking that can prevent that as well. you are not just getting tarps but water, this is a fema site, national guard here. staff sergeant roulette, you guys have been on the ground since this thing hit.

tell me what you're doing here. i talked about the items, what is the role of the national guard in helping after a natural disaster? >> this is what we are trained for, to provide a service for this region, this community as a whole, food, water, tarps and to lend a hand and help make the lives of these people more comfortable while they go through this transition. >> reporter: thank you so much. this has been a steady stream of cars. at 6 a.m. they didn't open up until 9 a.m. and it has been nonstop. i will send it back to you. stuart: the president of the florida senate, and florida farmer, is will simpson. thanks for coming on the show. housing transportation

communication taken a big hit, what about agriculture? >> hearts go out to all who lost loved ones. we went to fort myers and got a first-hand view of this, the arboriculture industry is suffering. a lot of feds have been cut off, a lot of planting season happening last week had to be delayed a week or two and as farmers no, it is important to get the crop in the ground at the right time to hit the window of opportunity to sell your product. all of the devastation with the flooding the, all of the devastation on the coastline, it is important, we lost many fences, a lot of ability to get to the crops and livestock. stuart: a lot of people in the northeast rely heavily on the fruits and vegetables produced

in florida and ship north. will be see a delay on those shipments and what vegetables will be in short supply? >> reporter: that is a good point. 80% of our fresh fruit, fresh vegetables on the eastern seaboard growing area of the state during the wintertime and i believe in the rugged individualism of the american farmer and florida farmers. we will come through this and get crops planted but it goes to the supply chain of the overall food supply. everyone knows what inflation has done to our economy with the cost of fuel, trucking, coastal packaging. this is one more thing. farmers are working every day out here in florida and all over the country to make sure and that is what we are counting on. stuart: thank you for being on

the show this morning, what a situation it is. we appreciate you being here. the governor of florida, desantis, highly criticized after he warned people don't. . apparently people didn't listen. what happened? ashley: he may have been criticized a lot of people agree with his sentiment. hard to believe someone, anyone would look to steal property after the homeowner suffered a devastating loss but floridians have been arrested and charged for doing that. the four suspects, were all arrested by lee county sheriff's deputies that after her akkadian hit southwest florida, they are charged with burglary of an unoccupied structure during a state of emergency, that's the official term, 3 suspects face a charge of grand larceny. florida officials including governor ron desantis saying anyone thinking of looting better think twice, lee county

sheriff's says 0-tolerance me we will cut you down, track you down and going to jail. hard for someone to do such a thing at such a time. it is the time we show you or give you a sense of the market. every single one of the dow 30 are up. buyers are out in force, the dow is up above 30,000. a campaign to stop school choice program just failed in arizona and that means they will use state money to pay for kids private education. erica donald's is a mom of three in school choice advocate big time. ♪

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first psoriasis, then psoriatic arthritis. even walking was tough. i had to do something. i started cosentyx®. cosentyx can help you move, look, and feel better... by treating the multiple symptoms of psoriatic arthritis. don't use if you're allergic to cosentyx. before starting...get checked for tuberculosis. an increased risk of infections some serious... and the lowered ability to fight them may occur. tell your doctor about an infection or symptoms... or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms... develop or worsen. serious allergic reactions may occur. watch me. stuart: look at that. the dow industrials up 750 points. that is a big rally following yesterday's big rally. campaign to stop school choice program fails in arizona.

parents will use state money to pay for their kids private education. erica donald with us. you are a school choice leader and mother, this is a big when for school choice. can this movement spread? >> it will spread. thank you for having the talking about this. the anti-parental choice pro teachers union group completely failed to get this measure on the ballot to block universal education scholarship accounts from going through and every single family arizona is now eligible to take those funds allocated to the child per public school to any public-private charter school that they want. this is huge for creating a market place of education options that they need and what is great about this is the same ballot measure not only got on the ballot in 2018 but past and

blocked this just three years ago from going through. the sentiments have clearly changed for parents not just arizona but across the country. stuart: i think failure of public schools over the pandemic period gave such a left to voucher systems, private education, charter schools, you name it, anything but public schools but huge lift. let me try this, teacher shortage is so bad some school district are hiring teachers from overseas, countries like the philippines. what do you think of that? >> we made it difficult on teachers to operate effectively because not because of conditions necessarily but the unions have hogtied schools and districts from rewarding great teachers from doing great work, they want everyone to be paid the same. if teachers are not doing a good job, they have not received the same consequences

in other industries, it is a frustrating profession for teachers to be and if they are performing well and cannot be rewarded for good performance and see others who are not performing well who do not bear consequences of that. i blame the teachers unions on the worsening of the teachers profession. a lot of reforms need to be made but we start with breaking down the power of the teachers unions and allowing the free market not just in school choice, but in teacher choice, giving teachers options of how and where they teach. those that were not performing, and teaching a more attractive profession for those in the united states? stuart: the status of schools, in the fort myers to naples area. >> thanks, i'm in collier

county, representing this area, none of the schools are open yet, collier county schools are opening thursday. they have their power back, but lee county were fort myers is located has no date to open their schools and impact 3 of their schools have been completely destroyed. this goes to the same conversation, if we had a robust school choice environment parents could select a virtual school, maybe a small private school and have the means to do that but we are so dependent on one system, one place for children to get educated those options are not out there so that is something we do at optima and i do every day with many colleagues across the country, to create innovative education options that in a situation like this can go in, offer hotspots, laptops, head sets. stuart: we need you. >> all these kids get back to school right away. that is what they really need.

our prayers are with all those devastating in lee county. i am sorry, out of time, moving on, tuesday trivia question, who's the only president who did not live at 1600 pennsylvania avenue? washington, madison, henry harrison, or william mckinley? the answer after this. ♪ . . go! only pay for what you need. jingle: liberty. liberty. liberty. liberty.

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1600 pennsylvania avenue? i'm sure you know this one, ashley? >> i haven't a clue. so i'm going for number three, william henry harrison. stuart: i'm going for george washington, i'm sure i'm right. i'm right. white house wasn't finished until he left office. spent his time as president in new york and philadelphia. my time is almost up but i will tell you, neil, it is yours. look what i'm giving you, a lot of green. neil: i still have time to screw this up, stuart. i fell for you that one guest talking on and on. you have to do the italian thing. you're done, capiche? stuart: i have to learn that. neil: thank you very much. we have a rally, capiche, corner of wall and broad. heady advances that mirror the day before. editor in all things stocks. this two-gain we've not seen since april of 2020. we'll see if it holds. it is built on weaker-than-