motivated super bowl ad that's sparking outage. "fox & friends first" starts right now. abby: we always love waking up to that song. a lot of lights on this early in the morning. only in new york city. good morning, you're watching "fox & friends first" on this wednesday, i'm abby huntsman. heather: and i'm heather childers, first day of february, can you believe it in supreme court showdown of monumental proportion. abby: president trump nominate ing niel gorsuch.

heather: good morning, garrett. >> good morning. this could end up being the most contentious of all of president trump's confirmation. president trump said he's living out to nominate someone who loves and respects the constitution and with the looming battle in mind that's ahead he pointed out that judge grosuch was appointed to the tenth circuit court of appeals. >> the qualifications of judge gorsuch is beyond dispute. it's what our country needs badly to ensure the rule of law and the rule of justice. >> as this process now moves to the senate i look forward to speaking with members from both sides of the aisle. >> even before the pick was announced and democrats were vow to go fight it and last night more confirmation of battle would be a long one. >> a hostile appointment, well

fellow, well family, i'm sure. as far as your family is concerned, in any way interact with the courts, this is a very bad decision, well outside the mainstream of american legal thought, not committed to supreme court precedence. >> republicans are praising the pick and say they fully support gor subpoena -- gorsuch. >> he's a great nominee. tonight president trump kept his word. he honored that commitment. tonight was a big, big deal. >> gorsuch has drawn a lot of similarities to the late justice scalia. abby: you have republicans

saying that they are waiting to go nuclear. heather: they have to get eight democrats to come on board. right now the confirmation requires 60 votes, this brings up the nuclear option. back in 2013 it was then senate majority leader harry reid who changed the rules for presidential appointees to allow them to move forward with a simple majority of 51 votes rather than the 60. supreme court justiceses, thoughs were not included in the rule change but if democrats put stiff opposition, senator majority leader mitch mcconnell says he's willing to expand to rule to include supreme court nominations as well. >> you if you can't get the eight, are you going to use the nuclear option? are you going the change the rules? >> we are going to get the judge confirmed. >> so you would? >> we are going to get the judge confirmed. >> now the concern about using and expanding the nuclear option is down the road that it could

come back to hurt republicans at some point, heather, abby. heather: we are getting a judge confirmed, i think that's what he said. the senate unanimously confirmed niel gorsuch with president obama, clinton and biden, a fox news supreme court reporter says why they didn't object before but they will now. >> the american bar association which a lot of people think leans to the left, they also well give a well qualified rating years ago when he was up for the seat in the tenth circuit. he made it through the senate without a single option, a number of the democratic senators are still there. they are going to say this is different because he has a record and he is their worst nightmare. he cofounded a paper called the

fed because he thought there was too much pc on campus so this is not the guy they want to fill the seat and fill the nice position. he's critical of the left. american liberals have become addicted to the courtroom relying on judges and lawyers rather than elected leaders and ballot box. instead of getting agenda done in ballot box and go out there and make arguments, they have increasingly relied on judges to be activists for them. he has called them out. the left is not going to like any of that. heather: you could hear the protestors. abby: and many now saying judge niel could lead the supreme court to a new conservative era. heather: what does it mean for america? good morning. >> good morning, heather and abby. the denver native has impressive

resume and solid reputations with both democrats and republicans. he clerked for two supreme court justices, byron white and anthony kennedy. he was nominated by george w. bush, tenth circuit court of appeals and unanimously confirmed by the senate n. recent years he's been the leading conservative voice against doctor assistant suicide and youth nation movement. even writing a book building the case against but more famous for siding with hobby lobby, little sisters of the poor. >> the law is not clear, he would give the benefit of the doubt to the individual rather than to the government seek to go prosecute that individual. >> justice gorsuch

acknowledging. >> justice scalia was a lion of the law. agree or disagree with him, all the colleagues in the bench shared wisdom and humor and i miss him. >> first u.s. supreme court that would hold seat with a boss. >> two young daughters. >> many says judge gor subpoena such has a similar style to scalia. andrew napolitano who formerly advised trump on supreme court judges hailing gorsuch with praises. >> one is a healthy skepticism about the ability of the government to regulate the economy and to regulate the

personal lives. he interpreted the first amendment to mean what it means, congress should make no law interfering with the exercise of religion. the big picture is judge gorsuch embraces the idea of originalism, the meaning of the constitution was fixed at the time it was ratified and it's only been changed each time it was amended 27 times and as it's going to be changed again, the states have to amend it, the court can't amend it. it's not just what justice ginsburg thinks it is, a living breathing document when politicians need the change. heather: rex tillerson to be nominated as secretary of state, democrats are out to delay the president's cabinet picks. in hot seat today pruitt and

david shelton. white house is fed up. >> honestly, it's getting a bit ridiculous. the idea that the highly-quality nominees have votes of nomination to being endorsed of the committee or being stalled because democrats are boycotting it's outrageous. >> education secretary is now the new transportation secretary and even though president trump's cabinet is taking the longest ever to fill, thanks to democrats, it's apparently not good enough. heather: thousands marching, out rage that he voted three of the president trump's cabinet picks.

abby: joined the agency more than 30 years ago and served as deputy chief under the obama administration, he comes to power as president trump pledges to build a southern border wall and add thousands more agents. in just a week ago he resigned from the new administration. heather: ten minutes after the top of the hour, another democratic tactic exposed during the hot mic moment. >> congressman carson. [cheers and applause] heather: major slip-up during antitrump demonstration. abby: security prep 15 months in the making, immigration order could affect the screening, we are going behind the scenes. heather: hooters is hiring men? abby: really? heather: famous for their skippy

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works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher, brighter denture every day. abby: we are back with fox news alert, exclusive evidence that iranian rebels may have been aiming for the u.s. video show it is rebels ramming explosive into the saudi ship and major concern of this hour, a voice on the tape screaming and death to america, all of this just off the coast of yemen where rebels fired missiles at the u.s. navy back in october. heather: terror takedown in yemen, vital intelligence as the u.s. intensifies assault in al-qaeda and peninsula.

event sources comparing to the intel and takedown of osama bin laden. ryan owens was killed during sunday's raid. abby: speaking up to clear any confusion about travel restrictions, secretary john kelly says the dhs helped draft the order and reiterate that it's meant to keep americans safe. >> this is not a travel ban, this is a temporary pause that allowstous better review the existing refugee and visa vetting system. over the next 30 days we will analyze and assess the strengths and weaknesses of our current immigration system which is the most generous in the world. we will then provide our foreign partners with 60 days to cooperate with the national security requirements. abby: four states are suing the trump administration over that executive order. massachusetts, new york, virginia and washington state.

they all claim that the travel ban is a violation of relimbous freedom. heather: same hot mic that stunk democrats during immigration protest. >> are they here? where are they? heather: exposing another humiliating tactic. demanding fellow up the crowd announcing that he's a muslim. >> i'm congressman. >> not only do i represent indiana congressional district but i happen to be a muslim and a former police officer. heather: the group outside the supreme court protesting president trump's trump immigration order. abby: four days away from the super bowl.

the hyperis not the only thing building up, so is the security. heather: katherine gives us behind the look. >> nfl and homeland security team are locking in their game plan. >> we are sweeping the stadium itself. >> fox news went behind the scenes where the planning began 15 months ago. >> there's a lot of moving parts and a lot of different events but as you can see with all the agencies involved here, we have the best team in the planet. we are ready for game day. >> it's amaze to go look around stadium and it's empty and a few day's time every seat is going to be filled. >> yeah and we are confident in a safe and secure event. >> next to the inauguration, the super bowl has the highest security designation. while there's no specific or credible threat, 25 federal

agencies are works side by side with state and local lawenforce. >> the folks on the ground, the viper teams. >> from black hawks securing the air space over houston to screening each 71,000 spectators. >> the department is under scrutiny right now with the executive order, is that impacting how they prepare for the super bowl? >> not at all. i talked to the folks here today. they are focused on the mission and ready to executive. >> the super bowl is the first major security event for the trump administration. heather and abby, back to you. heather: we will just talking but -- abby: it doesn't matter because you have the cover. good morning, adam. >> hey, good morning, there. you're right about the storms. if you're curious about houston all the way to super bowl, maybe

rain that weekend, at that point, you're right, folks will be in the dome. we are clear across the middle of the country. a couple of systems we are paying attention to. one right along the east coast, running up to lake ontario. there's going to be areas, yes, we have seen snow drifting farther to the coast, the real heavy snow has been on around the lakes and that's going to continue. i wouldn't be surprised and we are getting into a small area but getting up toward lake ontario, a couple of feet of snow before we get wrapped up with this week and into the weekend, farther inlan, not a lot happening, right along the lake, now across the country, that's another area where we are paying attention to active weather. a quick look at what's happening in california. dry right now but we are looking at heavy rain running on shore. a weather event for both coasts. everyone in the middle, guys, looking pretty clear for the next couple of days. abby: all right, thank you,

adam. time 20 minutes after the hour. reaction is pouring into social media on president trump's supreme court pick overnight and culter praising but not everyone. heather: what is worst than colin kaepernick's protesting anthem, apparently tom brady's relationship with president trump. abby: come on, really?

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heather: welcome back. abby: here with the reaction. no, say it ain't so, carley? carley: you're absolutely right. the court of public opinion was to quick to judge. the president called gorsuch. >> mark cuban says, if dems are smart, they will ask the president what they can get from him in exchange for a quick supreme court approval, negotiate with the negotiator. on the other side of the i'll says ann coulter, i look at this lovely couple and think about how they are about to be viciously slandered by the left. abby: i agree with her on that point actually.

i always think that amy schumer and chuck schumer are related. it's her ung approximately. >> his dad's second cousin. yes, president trump is accusing senator chuck schumer of crying fake tears. just like the democratic party. comedian amy schumer didn't find anything about that and took to instagram who defend the senator who is also her cousin, this is what he was thinking about 6:21 a.m. trust me, we need to wake up and rise up together, people need our help. people are weighing in on her comment. no need to defend chuck schumer, he's a fake cry-baby on a losing

political team, no honor in that. when is amy leaving the u.s. going all the way to november. heather: budweiser super bowl ad tackling immigration. carley: budweiser appears to be making a political statement in one of its ads, the commercial tells the story of found e of budweiser and journey from germany to america. check it out. >> i want to prove you. >> welcome to america. >> you're not wanted here. carley: it's like movie quality. there's no correlation between the commercial. thank god crooked lost so badly. wow. love that twitter handle.

she tweeted, no, i want my horses and puppies, super bowl is not the time to bring politics in. let's just watch some and relax a bit. abby: we will leave it there. carley: i'm looking forward to the commercials and half-time shows. abby: looking forward to the live commercial. time the now 27 after the hour. >> taking the outcome of his rulings and pretending that that was wheeled by the judge. heather: charles exposing the tactics that democrats could use to try and take him down. up next. yeah, with liberty mutual all i needed to do to get an estimate was snap a photo of the damage and voila! voila!

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you're watching "fox & friends first", i'm heather childers. abby: stage is now set for supreme court showdown of monumental proportions. heather: president trump just nominated niel gorsuch. while republicans are singing praises, democrats are promising a fierce fight. abby: what's shaping up to be a bitter confirmation process, garrett, good morning. good morning. this could be the most contentious nomination. that was not last night when he said he hopes that republicans an democrats for once can all come together for the betterman oaft country. >> the qualifications of judge gorsuch are beyond dispute, he is the man of our country and a man who are our country really need and needs badly to ensure the rule of law and the rule of

justice. >> as this process now moves to the senate, i look forward to speaking with members from both sides of the aisle. >> even before the pick was announced, democrats were vow to go fight it and last night more signs of that confirmation battle could be a long one. >> we need president trump's extreme views and so right now we need to know whether justice gorsuch, whether he believes that the government belongs in a women's doctor's office when she's making the decision of her health care. he's written a lot about opposing the right to die for terminally-ill patiented. >> the garland nomination was at the middle of election year, not

at the beginning or the end of term. this is the beginning of an administration. >> republicans very excited about this nominee for the high court and have hinted they are willing to get it through any means necessary. heather and abby. heather: speaks of those means, what tactics could democrats use to take them down? >> absolutely. judge gorsuch will need 60 votes to be confirmed. he will need the support of at least eight democrats. senator minority chuck schumer says le do his best to prevent that from happening. >> so what you do is you pretend in your 30-second ads, you say there's a man who is -- wants to see people denied contraception

and religious extremist be able to impose their views on their employee who is are in no position to resist because they need a job. abby: long road ahead. heather: if you breathe, eat food, if you care about your health care, he'll not your guy. abby: thank you, garrett. >> have a good one. abby: many are saying that he could lead to conservative area. what does it means? jackie ibañez with what you need to know about the scotus nominee. >> denver native considered to be the most conservative pick to the vacancy, colleagues calling him as original as they come. >> he will look at the constitution of the united

states as it was written and intended to be applied by the founders, by the framers of the constitution. he would be looking backward to the law as it was enacted rather than forward on what remedy we ought to implement from the bench. >> graduate from colombia, harvard and oxford. in 2006 nominated by president george w. bush and unanimously confirm bid the senate. he maybe more famous for siding with hobby lobby and little sisters of the poor over contraceptives. the nominee speaking about his close friendship with the late justice. >> justice scalia was a lion of the law, agree or disagree with him, all of his colleagues on the bench shared his wisdom and

humor and like them, i miss him. >> likely confirmation would be historical. he would be the first supreme court justice to share bench with former boss. for gorsuch that would be justice anthony kennedy. rex tillerson expected to be confirmed as secretary of state but democrats are intensifying they're all-out assault to delay the president's other cabinet picks n. the hot seat pruitt and senate committee will try again to vote on jeff sessions for attorney general after democrats boy coited yesterday's vote and blocked votes on tom price and steve mnuchin. the senate committee did approve for betsy devos and elaine chao is officially the new transportation secretary. fox news contributor laura engram slamming democrats for delaying confirmations calling it a desperate stunt. >> the idea that they are going

to somehow prove their relevance or their their ability to pulling stunt, all nominees are going to be confirmed and they must know that this is actually harming the interest of the united states. they complain about chaos and order, okay, what is your role in all of this? are you really acting as a normalcy and common sense when you perceive this way. to me it's a desperate stunt but more of a sign of impotence. abby: strong words there. as the movement to defy him grows. sanctuary restaurants taking a stand. heather: supreme court pick could lead the court to a new conservative era so which cases could be overturned.

our next guest is breaking them all down. abby: where you'll be able to belly up to the bar for even longer but there is a catch. you have to have a designated driver la quinta presents "how to win at business." step one: point decisively with the arm of your glasses. abracadabra. the stage is yours. step two: choose la quinta. the only hotel where you can redeem loyalty points for a free night-instantly and win at business.

>> judge gorsuch has standard legal skills, tremendous mind and discipline and has earned bipartisan support. heather: president trump choosing judge niel gorsuch as supreme court nominee which could lead the supreme court to a new conservative area. abby: which key cases could be swayed if he is confirmed? constitutional attorney is here. good to see you. >> good morning. abby: this is a traditional pick, you could have seen any republican nominees picking him

as the next justice, talk about the issues that could be swayed because this is on top of everybody's mind. a big one being abortion. >> i think the way -- we have to remember that the supreme court has nine justices, right now they only have eight. niel gorsuch is going to be the ninth vote, the question really is how is he going to vote and really the -- it's counterintuitive but the best they can hope for is he's going to be in the line of justice scalia. you're going to have the continuation of the status quo and contrast, of course, if judge gorsuch were to sort of lean to the left or evolve to the left like we saw justice kennedy to a certain degree, justice and making to the court

not conservative but slightly to the left. do i think that's going to happen, no, i don't think tls going to -- it's going to happen, no, i don't think it's going to happen. heather: four conservatives and four considered liberal judges and justice kennedy in the middle. >> correct. no change. heather: we can bring that up. you were talking about abortion, contraception, affirmative action and environmental regulations, talk to us a little bit about contraception. >> i think that if niel gorsuch basically toes the line, you'll see no real changes in the law of the united states involving abortion and contraceptions and the like. one area where you could see a slight difference is something called the chevron doctrine where courts defer to decisions made by administrative agencies

like the epa or the fda where they come out with rulings, judge gorsuch and potentially judge gorsuch essentially say that is perhaps the court should not be deferring to the bureaucrats and expressed skepticism over that and in that one area where justice scalia was much willing to differ to the administrative agencies and the bureaucrats, judge gorsuch suggested perhaps maybe that's a little overdue. if that's the case, then you'll find that this justice would be actually more conservative than justice scalia on that issue. abby: he made it to the senate unanimously but now dems are vowing to keep that seat open. do they have the power? as you know, they are going to fight this tooth and nail. >> sure, as we sit right now the democrats theoretically democrats have pow tore filibuster confirmation, he would need 60 senators to vote which would allow him to move forward and sit on the supreme court.

but as practical matter is, you know, it only requires 51 senators to change the rule of the 60 senator vote, but keep in mind ten democratic senators are up for reelection who are in states that donald trump won. i actually think at the end of the day, you're going to see over 60 votes in favor of the confirmation of judge gorsuch to the supreme court. you're not going to hear it in light of the hue and cry of the left. when piewfs come to judge, democrats cannot object and fight over everything. at the end do i think they are going to filibuster for a long period of time, i'm skeptical. at some point they have to allow the president to govern at some level notwithstanding all the protestors and the ready-made signs and change the issue of the day. heather: they were out there with nancy pelosi leading the charge. we will see what happens. >> thanks for having me.

abby: let's check in with steve doocy to see what happens in "fox & friends". we have been waiting for, it's history. steve: it is history. last night donald trump much like a reality show he brought two finalists into washington, d.c. so nobody would know until the last minute who exactly would be behind door number one, but, of course, it is judge gorsuch. this morning we will be talking about that selection with judge andrew napolitano who was actually involved in some measure, ten tor cruz says it's a home run and shannon, reporter for the supreme court. we have a busy three hours kicks off just 13 minutes and 30 seconds from right now. heather: the whole process of secretly bringing them to dc, that alone is a very interesting story. steve: it was brilliant. abby: such a reality show. keeping us on our toes. heather: we will be right back. stay with us. prevacid®24hr today.

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abby: ten minutes now till the top of the hour. san francisco defying our president, filing a lawsuit against the trump administration for targeting cities protecting illegal immigrants. san francisco stands to lose more than $1 billion a year but says the executive order is unconstitutional. state of california likely to make the same argument with a much deeper pocketbook. democratic lawmakers passing a sanctuary bill through the committee, safe spaces for immigrants and restrict police and local agencies from cooperating with federal immigration agents without a court order. heather: tom brady supporting our president is more un-american than colin kaepernick anthem protest.

that sparking out rage, david denise, jr. teaches in georgia and calls president trump oppressive and saying that supporting donald trump as president is far more threatening to america than taking a knee during the national anthem. abby: nationwide smiew. growing as hundreds of restaurants now take the stand against the president's immigration order. heather: cheryl casone with fox business here to explain what all of this is about. cheryl: the restaurant industry throughout the country really does rely on immigrants, frankly and a lot of the restaurants particularly in major cities are all taking a stand. it's a grassroots movement, if you will, but it's the sanctuary restaurant policy basically is what they're calling it. they are putting signs up at different restaurants, new york, chicago, oakland, new york, detroit, boston, chicago are some of the cities 150 restaurants, they want to they say protect their employees against stricter immigration policies, what's interesting on

the other side of this is that the national restaurant association says, wait a minute, we want to work with president trump and the administration to make sure that we get proper identification for restaurant employees. so there's two sides of the story, i want to be clear here. 70% of all employees of restaurants are immigrants f they are vetted properly have legal documentation, the restaurant association says, well, great, let them work, other restaurants feel differently. abby: there's always an excuse for an extra drink. one state may be extending bar hours. cheryl: of course this weekend in houston, texas, next year it's in minneapolis, minnesota and one lawmaker there is putting forward a bill that would let restaurants in two counties, minneapolis being in one of those counties to stay open for two spray hours. right now the law has bars closing at 2:00 a.m. hey, let them stay up till 4:00 a.m. they have done this in minneapolis when they had the

republican national convention, mlb all-star game. a lot of restaurants and bar you want a permit for us to pay to stay open two more hours, i don't think so. we will see where it all goes. [laughter] heather: hooters they are known for their waitresses. cheryl: they are going to fashion it out like chipotle, panera and called hoots. no idea what the costumes are going to look like for the guys. hey, do it ul up for the ladies as well. anyway, it's to go, it's to stay. they are going to have the same kind of food, the wings, just not those outfits that a lot of the male viewers like from hooters.

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pennsylvania. february 2nd. $450. while in houston they are just $320. heather: know more expensive because janice dibiasio is going to be there. all right. "fox & friends" starts right now. good day. bye. >> i'm keeping another promise to the american people. by nominating judge neil gorsuch. >> i think judge gorsuch is a home run. >> i promise if i'm confirmed be a faithful you servant of the constitution and law us of this great country. >> it's a very hostile appointment. if you breathe air, drink water, eat food, take medicine or in any other way interact with the court. this is a very bad decision. >> are you going to use the nuclear option? >> well, let me just tell you, we're going to get this judge confirmed. >> isn't that answering it? >> we're going to get the judge confirmed. >> so you you would. >> we're goi