the texas rangers have been called in to help to find tom brady's jersey. i'm heather childers. thanks for joining us. here's shep. >> shepard: it's 3:00 on the east coast, noon in san francisco. an appeals court is preparing to hear arguments on president trump's travel ban. the justice department insisting we need to ban to keep the country safe. attorneys for more than a dozen states are fighting it arguing the ban has more harm than it prevents. our judge andrew napolitano here to explain both sides. vice president pence casting a historic tie-breaking vote to confirm betsy devos as education secretary. now with president trump's most controversy nominee locked in, what is next? and the trump administration claiming the media doesn't pay enough attention to terrorist attacks. we'll talk about the truth.

so let's get to it. and this tuesday afternoon, president trump says the legal battle over his controversial travel ban should go all the way to the supreme court or could, at least. he says it hopes it doesn't come to that. >> we're going to take it through the system. it's very important for the country regardless of me or whoever secedes at a later date. >> shepard: president trump lashed out at the judge and the court system that lifted the ban. the president treated, the threat from radical islam is real. look at what is happening in europe and the middle east. courts must act fast. the president claims the judge's order has opened america to potential terrorists. he told twitter followers to blame the judge if something bad hams. that judge is judge james robart

in seattle. he's an appointee of former president george w. bush. president trump has been lashing out at the media. he accused news organizations to report on terror attacks. fox news confirms his accusation was false. he told commanders in florida the media has their reasons and you understand that." he gave no reason for his statement, which was false. a short time ago, the senate minority leader, chuck schumer says he thinks republican party leaders must have a responsibility to speak out when president trump makes statements for which he has no proof. a senior administration official released a list of dozens of attacks claiming most of them went underreported. fox news and other media outlets did cover the vast majority of the attacks on the list. we'll have details on that shortly. first, three hours from now, lawyers for the trump administration are set to face off against attorneys for washington state and minnesota before three judges from the ninth circuit court of appeals

in san francisco. the case has been moving so quickly, the hearing is scheduled to take place over the phone. meantime, president trump's education secretary betsy devos is now confirmed. this is the first time that a v.p. has had to cast the deciding vote. devos faced strong opposition. she's a billionaire philanthropist and republican donor from michigan. a strong supporter of charter schools and voucher programs to give families public money to pay for private school tuition. her confirmation was described as rocky. devos testified that public schools should have gun to practice text against grizzly bears and other things. she's never been a school board member and her children did not a tend public schools. john roberts is live on the north lawn.

what more are we learning about the phone hearing later on the president's ban? >> it's a big day in the courts, shep. this case is to lift the temporary restraining order that was levied against the president's executive order on extreme vetting. this is not about the bigger question, the question of the contusionality of this. 29 judges, three will be hearing the case, one in phoenix, one in hawaii, one in san francisco. william camby is the judge in hawaii. and michelle freedland will be in san francisco. he was appointed by president obama in 2014. on behalf of the white house, the department of justice will argue the president is in his st statutory authority to do this. he can suspend any entry class

of alians to protect the national interest. here's what the law says. meeting with the coalition of sheriffs earlier today at the white house, the president expressed frustration that he's embroiled in his court cases at all. listen. >> i can't believe that we're having to fight to protect the security in a court system to protect our nation. i can't believe it. a lot of people agree with us, believe me. but they want our borders secure and our country secure. they want to see people that can love our country come in, not people that are looking to destroy our country. >> the argument that he has the statutory authority to do that, that is the central argument of

the case. the department of justice will argue three other points. a, that this is temporary. different need permission from congress to do this. this does not apply to legal permanent residents as the case in washington state and minnesota had claimed when they filed it and also that the states of washington and minnesota don't have the standing to file this case on behalf of residents of their state. shep? >> shepard: you asked the white house whether they will accept the appeals court ruling. what did they respond? >> and what they might do after it. the ninth circuit court of appeals has taken to be the most liberal court of appeals in the united states. a lot of conservatives that have brought cases to the ninth circuit have found themselves stymied. will the president kick it up the chain if he doesn't prevail. here's my conversation with sean spicer starting with that he beliefs this was a well-thought out piece of executive memoranda. listen.

>> we went through that with flying colors. i have zero concern that at the end of the day we will be fine. >> the president does not prevail at the ninth circuit court, will he take this to the supreme court? >> let's see where it goes first. we want to argue it on the merits. we feel confident based on how the court has reacted in massachusetts that we're going to be good on the merits. >> just as a point of reference, he mentioned massachusetts there. you'll remember right after the executive order was signed a judge in massachusetts implemented a temporary restraining order that was lifted after the white house fully explained what it was trying to do here. so they're hoping the same thing will happen tonight at the court of appeals. if he loses there, doesn't go to the supreme court, the restraining order will be more permanent. >> john roberts. thank you. the head of homeland security department is taking one for the team today.

secretary john kelly says the chaos surrounding the roll-out of president trump's travel ban was his fault. general kelly did not write the executive order and was confirmed just days before it was announced by the president. the political advisors and policy team reportedly put together the plan and the botched roll-out. during a hearing on capitol hill today, secretary kelly told members of congress he should have delayed implementation by a day or two. >> this is all on me, by the way. i should have delayed it just a bit so that i could talk to members of congress, particularly the leadership of committees like this to prepare them for what was coming. >> the retired marine general defended the travel ban calling it lawful and constitutional. catherine herridge is on capitol hill. he didn't rule out adding more countries to the ban. is that right? >> he said that a dozen

countries could be added to the ban. stating that the seven countries are no cooperating. kelly made clear that he puts u.s. citizens first. >> americans must feel safe to walk down the street, go to the mall, to a nightclub anywhere and any time. fear must not become the status quo. my responsibility and that of the tremendous men and women of the department is to carry out those measures that best protects the safety of all americans. >> it's worth noting that kelly was pressed by republicans and democrats for evidence that terrorists have come into the u.s. as refugees. >> you don't have any proof at this point? >> not until the boom. >> not until what? >> not until they blow something up and go into a mall and kill people. we won't know until then. >> kelly also gave lawmakers a glimpse into this so-called

extreme vetting program that seems to be down the line. it will reviewing an applicant's social media history and a failure comply will bar entry into the u.s. >> shepard: secretary kelly answered plans for a border wall. >> yes, he did not back away from the trump administration's commitment to the border wall. he said it will be built in priority areas first and some sections will have sensors and agents rather than concrete and fencing. >> there's someplaces that are too rugged to put a wall. we covered that with patrolling and technology. the immediate and the gapping wound are the largest opening in the most uncontrolled part of our border is the southwest border. >> also on the hill, kelly was confident that the administration will prevail in the courts and significantly offered no plan b, shep. >> shepard: thanks very much,

catherine. our judge napolitano says president trump is in the right. he says it may not matter if the order is constitutional. tornadoes slamming southern louisiana today ripping houses from their foundations and knocking down power lines. it's a difficult line of storms headed from west to east, across the new orleans region, louisiana, southwest mississippi, southwest alabama and the florida panhandle. national weather service reports three twisters touchdown in louisiana. it's part of the stretch of bad weather moving across the deep south. as i showed you, from mississippi, alabama, heading out in that direction. one tornado hit eastern part of new orleans. somebody captured this video of it. the city's mayor there says at least two people are seriously hurt. there's no reports of anyone dying. now we're starting to get pictures of what happened that the tornado left behind. you can see the extent of the

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napolitano. he has a prediction about what the court will do. it's specifically tonight is about what? >> tonight is about two things. do the states have the standing, the right to sue since they have not been injured. they allege they're suing on behalf of people that live in their states to be injured. that's not a technical issue. the constitution says only injured people can bring actions against defendants in federal court. the states claim they're representing people in their states who were injured. corporations that couldn't hire, high tech qualified foreign persons and foreign persons that couldn't get in. that's the first issue. if the states have no standing, the case is over. the temporary restraints are automatically lifted. if the states do have standing, the issue is -- here's where sean spicer is correct -- not only the merits, not the donald trump do the right thing, not the donald trump violate the rights of people that want to come in the country, but did

judge robart restrain the president, prevent him from enforcing the executive order while the case is litigated. that's what these three judges will try to decide tonight. >> shepard: so it's not about the broader issue, the morality of it, whether or not this is something america does, whether or not those that have brought the case have standing to the so. >> correct. whether the judge properly restrained the president. the judge could have said, okay, you want a trial? you want a trial as to whether or not the president violated the constitution. i'll give you a trial. ordinarily when a president does this, the executive order is being enforced during the litigation leading up to the trial. i say during the litigation leading up to the trial. we're not not talking about something that happens tomorrow. we're talking four or five or six months before there could be

a trial in judge robart's courtroom. >> shepard: prediction. >> i think they'll find there's no standing and they'll vacate the order and they'll have a trial. i think the president will enforce this executive order during the pendency of the trial. having said that, there's 43 lawsuits throughout the country, this is one of them. there's two nationwide retraining orders. this one judge robart's and one here in new york city. the other cases have temporary restraining orders, just in the jurisdiction where the judge sits or no restraining order. the chief justice will take the 40 some odd cases and consolidate them before one judge to be tried at the same time. you could get 40 different verdicts on the same set of facts.

>> shepard: so that's the issue. we'll find out tonight. on the matter of the president's comments on the judge himself. your thoughts. >> well, if the president was ataking the independence of the judiciary, that's unwise and impromer. >> shepard: he called him a so-called judge. >> correct. if he meant he's not acting like a judge, he's acting like a politician by second guessing me, that's the president's unique way to criticize. a lot of people in the judicial and legal communities are not happy with what they think might be a veiled verbal attack on the judiciary. do the courts have the rights to hear the cases and rule as they think they can? absolutely. that's what they do. their job is not to make policy. their job is to not second guess the president. their job is to say what the constitution means what the laws mean and whether the president and the congress have followed the law. not as this wise, not is this

fair or good. is it constitutional and legal. >> shepard: we now have a pattern of attacking judges and attacking the media. are those patterns concerning to you? >> no. because i don't think it's enough of a pattern to concern me. i can understand why he said what he said in this case. if there's a continuing pattern, it's going to be fall-out on the supreme court nominees. because they have to answer the question is the judiciary independent or is the judiciary follow the president's politics. the answer is clear. the judiciary is an independent and co-equal branch of the government. i'm sure the president understands that. i think he probably was unhappy with this ruling and reacted. >> shepard: the hearing will happen, three-judge panel on the phone and shortly after we'll learn. >> one of the judges is in hawaii. a classmate of mine, rick clifton. one is in phoenix, one is in

san francisco. do not expect an order tonight. this court is required to write out everything that it does. expect something early tomorrow morning. >> shepard: judge, thank you. >> you're welcome. >> shepard: president trump blasting the media as i mentioned claiming journalists are not giving coverage to some terror attacks. the white house releasing a list of dozen attacks claiming most of them did not get the attention they warranted. we'll look at the facts on this next. what are you doing? getting your quarter back. fountains don't earn interest, david. you know i work at ally. i was being romantic. you know what i find romantic? a robust annual percentage yield that's what i find romantic. this is literally throwing your money away. i think it's over there. that way? yeah, a little further up. what year was that quarter? what year is that one? '98 that's the one. you got it! nothing stops us from doing right by our customers. ally. do it right. let's get out of that water.

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>> shepard: more now on president trump's claim that the news media failed to give extensive coverage to attacks in europe. terror attacks. sean spicer backing up the president's day or attempting to do so saying the administration needed to remind people of the

reason why president trump issued his executive orders on immigration and refugees. >> what we need to do is remind people that the earth is a dangerous place these day. isis trying to do us harm and the president's commitment is to keep this country safe. part of this is to make sure the american people are reminded how much time the attacks have and have not gotten. >> shepard: a senior administration official has since given fox news a list of 78 attacks claiming the media underreported them. on the list, the shooting that killed 49 at a nightclub in orlando. fox news covered that attack with dozens of reporters, producers and technicians for many weeks. the attack in nice france that left 84 dead after a man drove a truck into a crowd. fox news covered this attack for

months. the november 2015 attack in paris that killed 130 people. fox news covered this story extensively for many hours and exclusively for many hours and continued coverage for many months. plus, the terror attack in march of last year at the airport in brussels belgium. also on the list of attacks the media mostly did not cover. again, not true. i was on the first plane out to lead fox news coverage of that carnage. our team of correspondents and technical professionals covered the attack and we continued coverage for many weeks or months. in short, the president's assertion is false. the white house knows it could have false or learned it was false with a google check but either did not do so or decided not to tell the truth. regarding the list of 78 attacks, fox news properties covered all of the major ones and 79% of all mentioned.

fox news makes decisions of all kinds without influence of the white house or instruments of government or anyone else, this will not chase in the face of inaccurate assertions from the white house or any other government intimidation. john bussey is saying is not true. why bother? >> reuters, cnn, fox news, all the local papers had coverage of this through the news agencies. it was covered. now look, there's a couple -- you said the vast majority of those on the list were covered. there were a couple on the list that i didn't know about. there was a knife attack against somebody in some part -- >> shepard: in a far away country in another continent. >> that might have been briefed someplace. it wasn't a major terror attack. the terror attacks are being covered and extensively. why is he saying this?

it's a run-up to this court decision on whether or not he has done the right thing in executing this executive order on limiting immigration into the united states. it's partly that narrative to remind people that the world is a dangerous place, as sean spicer said today. he runs the risk of fear mongering, but he's trying to make the point, it is a dangerous place and you should be behind me. the constant litany about his language, the total dishonesty of the media, the tremendous dishonest of the media, they have their reasons and you understand that. this oblique constant criticism is an effort i think to ring-fence the policies of the white house and to signal to his base that look, don't listen to criticism. that's just the -- in his mind, the dishonest media. >> shepard: don't listen to those reporting accurately. listen to our false assertions.

>> there's been a lot of false assertions and this is one way to mitigate it in the minds of his supporters. he runs a risk of losing credibility. people do migrate to where they feel they can get information about the news and they're hearing it. >> shepard: they migrate to places that they hear what they already think. some of these other organizations are getting a lot of traction. i don't care what people watch. there's a danger if you were hearing from the white house inaccuracies and reading the same inaccuracies on websites reporting the inaccuracies for traffic or whatever reason, there's a danger in a republic in something like that. you start to believe things are not true and you follow someone that is leading you astray for reasons that have nothing to do with you. >> that is the danger here. it is the president of the united states speaking. a lot of people will feel that

this is a voracity. >> they it was truth when business man trump said the president was illegitimate, wasn't a citizen of the united states. he was false from the beginning but polls show people believed it. same thing here. >> from the white house standpoint, the danger in this strategy is that look, it's being derogatory mainstream media. it means everything but those alternative sometimes fringe publications. the basic american instinct is to go out and try to find information. people will gravitate to sources that they feel are authentic and truthful and accurate. those -- >> shepard: really? that's not what i've been seeing lately. >> on the whole, the american public is pretty smart. >> shepard: we'll get back to

that. >> they do. they will gravitate to that. the danger of this strategy from the white house is that you can't keep playing that card. you have to at a certain point be able to say to the public, look, here are -- here's accurate information and not have the media in totally virtually saying you're wrong. >> shepard: john bussey from the "wall street journal." thank you. >> thank you. >> shepard: the senate working around the clock to vote on president trump's cabinet picks. our next guest says democrats just missed a shot to block any of his nominees. why this court hurt the democrats and her advice at the bottom of the hour on fox news channel. and moment away... with every click...call...punch... and paycheck... you've earned your medicare. it was a deal that was made long ago, and aarp believes it should be honored. thankfully, president trump does too.

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>> i'm leah gabrielle with the fox report. a sheriff's office in the florida panhandle reports its doubled the number of deputies for two accused killers.

cameras captured this photo of them. they're linked to the death of three women in florida and alabama in the past week. new video shows something called a fire tornado sending horses running. it happened in a brush fire in western australia. meteorologists say fire tornadoes can form when hot air rises rapidly from the ground. the man that shot this video said the flames reached 60 feet high. crews eventually put them out. nasty weather in button not stopping thousands of patriot's fans. they're celebrating their super bowl win. news continues with shepard smith after this. tomorrow's the day we'll play something besides video games. every day is a gift. especially for people with heart failure. but today there's entresto... a breakthrough medicine that can help make more tomorrows possible. tomorrow, i want to see teddy bait his first hook.

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>> shepard: jeff sessions casting what could be one of his final votes as a united states senator to help save one of president trump's most controversial cabinet picks. the lawmaker from alabama gave republicans just enough support

to confirm the education secretary betsy devos. some democrats asked him to recuse himself. republicans argued the senator should be allowed to vote as long as lawmakers have not confirmed him. senator sessions is expected to face his own confirmation vote tomorrow to become attorney general. mike emanuel has more. senator sessions vote could be tight as well. >> that's right. this afternoon there was an initial vote. it was 52-47 on jeff session's nomination to be our next attorney general. final confirmation vote to be the attorney general will likely come tomorrow evening and we'll see if any democrats support him. mitch mcconnell a short time ago talked about how sessioned crossed the aisle and supported president obama's first attorney general. >> senator sessions crossed the aisle to voted for eric holder. this despite the fact that the holder nomination in our party

and the republican conference here in the senate was one steeped in controversy. >> democrat support or not, it's a matter of time before jeff sessions is our next attorney general. shep? they say if they cannot stop a nominee for the cabinet, it's worth putting the nominees under the microscope because they will have tremendous power. chuck schumer a short time ago talked about giving sessions one of the senate's own careful scrutiny. >> what we've seen is a president who belittles judges when they don't agree with him. we've seen a president who is willing to shake the roots of the contusion. so we certainly not an attorney general that will stand up to that president. >> democrats have a right to burn up to 30 hours on each of the cabinet nominees.

they're tree to do so. part of their power. schumer was asked about tactics the rest of the week and he gave us the old stay tuned. mike emanuel on the capitol hill. let's bring in amy stoddard from real clear politics. just about what we expected the last few days, right? >> yeah, we would have found out days ago if there would be a third republican in opposition besides collins and murkowski. so the nomination would be rescued by the vice president. but the democrats have said and reported that they feel this is something worth staying up all night for. they're reeling from the election. they don't have a leader and trying to find a way with all of this opposition from their progressive base to oppose trump. they think doing these stalling and procedural games is going to help them eventually. >> shepard: so far for democrats

they failed. you suggested that betsy devos was the right one to target. they were targeting too many at the same time. >> right. they came out with this flood the zone strategy, which diminished their influence and impact. they were grumpy about everybody. in fairness to what senator schumer was saying, president trump is giving democrats more material to interrogate the nominees. they will turn the tweets about how judge robart is a so-called judge on neil gorsuch for his confirmation hearings. these are uncomfortable questions for jeff sessions. look at devos. she arguably was on qualified -- you could say she was unqualified. this is a criticism that led two republicans to vote against her. it wasn't that she wasn't passionate about education and hadn't spent a lot of time on it

as an advocate. she didn't have experience in public schools and wasn't qualify to run that department. so in the end, if you look at the fact that it fell short by one vote, they might have been able if they trained their fire to persuade more voter as than they have taken her down. >> shepard: it's widely believed that judge gorsuch wouldn't change the makeup of the supreme court. he would replace antonin scalia. you think the democrats could have learned from their past. >> gorsuch is eminently qualified. they don't have to like all of his decisions. he's obviously very well-qualified for this job and hand sterling credentials, this is the scalia seat. it wouldn't tip the balance of

the court. forcing a filibuster would preclude them having filibusters later. once they go in on 51 votes, they're totally left out. if they don't filibuster this, they let their ten senators run support gorsuch, they could have more support on the next nominee that is replacing ginsberg or kennedy or someone that they want to fight for. so preserving the filibuster and their leverage is far more important than burning the house down on gorsuch. >> shepard: a.b., thank you. >> thanks, shep. >> shepard: an update on our weather alert. emergency responders in louisiana looking to help survivors of a tornado outbreak there today. these are live pictures from new orleans, an area in the east. the new orleans times newspaper reports the severe weather has injured 16 people in louisiana.

red cross reporting its joining the response. the national weather service confirmed three tornadoes touched down in louisiana. local officials are working to confirm whether there were other twisters there. you can see the line of storms coming across. came across biloxi, mobile, working its way through the pensacola area. so if you're in the panhandle in walton, bay counties, all in this area from panama city to pensacola, be on the look out. the storms will trail. in the northern part of the panhandle, central alabama, on into georgia, the storms are significant. ask your friends in louisiana. pay close attention to your locals and be prepared should a tornado come your way. it's not spring time but it's february. they're coming. days after the iranian launch of a ballistic missile and the white house put them on notice for it, satellite images showed them preparing to fire another one. except now it looks like they

may have changed their mind. what this new intelligence reveals from inside iran. thanks, man. imagine if the things you bought every day earned you miles to get to the places you really want to go. with the united mileageplus explorer card, you'll get a free checked bag, 2 united club passes... priority boarding... and 50,000 bonus miles. everything you need for an unforgettable vacation. the united mileageplus explorer card. imagine where it will take you.

>> shepard: i ran's supreme leader says president trump has revealed the truth about america and it isn't pretty. the ayatollah blasting the president in remarks to the country's air fort. the iranian supreme leader saying "we actually thank this new president. we thank him because he made it easier for us to reveal the real face of the united states." he said that president trump has exposed a political, economic, moral and social corruption

within the u.s. ruling establishment." he slammed the u.s.'s travel plan which included the iranians. last week the president said he put iran on notice after they tested a ballistic missile. and it looked like the iranians would be getting ready for another ballistic missile test. now an apparent change of plans. jennifer griffin with more. what have we learned? >> there's been a flurry of activities on iranian launch pads since they launched a ballistic missile a week ago. that took place on january 29th prompting an emergency meeting of the u.n. security council and a day later the white house put iran on notice. days later, iran quickly cleaned up the site and prepared another

missile on another launch pad. now in a surprising about face, we're learning this morning that new -- the new missile has been removed from the launch pad and it's not clear why, shep. >> shepard: what else do we know about the missile? >> we know it's a missile used to put a satellite into space. the pentagon is concerned because the missile used the same components those for an intercontinental ballistic missile. this image verified by u.s. officials showed the missile on the launch pad on february 3. today as you mentioned, iran's supreme leader issued a warning suggesting a response to president trump this friday, the anniversary of iran's revolution. white house press secretary sean spicer responded. >> the ayatollah will realize there's a new president in office. this president is not going to

sit by and let iran violate the joint agreement. but he will continue to take action as he sees fit. >> it's not clear why iran moved the missile from the launch pad. could be a technical problem or perhaps as some experts have suggested, iran is reacting to the new sanctions put on them from washington. >> shepard: thanks. more stores are dropping ivanka trump's line as people boycott the stores that sell their products. is that affecting sales? kennedy is coming up. but first, more live images from new orleans where emergency responders are working to help survivors after three tornados touched down in louisiana. the severe weather has injured at least 16 people across that state. we continue to monitor this developing story and keep you updated. liberty mutual stood with me

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>> shepard: a least three department stores have taken ivanka trump clothes and shoes off website. macy's is under pressure to drop her fashion line. last week, nordstrom announced they were dropping ivanka's merchandise. but executives blamed poor sales. other department stores including belk and neiman marcus have taken her products off the website. the ivanka trump brand continues to expand. kennedy is here. she's rocking some fine shoes today. what is this?

>> this is the politization of every aspect of our lives. it's annoying. >> i'm so sick of boycotts. i don't know what to put on my body. i think i'm going to freeze or starve to death. what did she do? she's actually the one saying that we should have extended family leave. she loved moms and babies. she's like the softer side of the trump empire. >> shepard: she's worked on lgbt issues and women on the workplace issues. who cares -- >> this is the thing -- >> shepard: you put stuff in your stores, they sell. you keep putting them in your stores. >> that's capitollism. that means there's a market for this stuff. there's a frenzy to get her stuff on e-bay. there's other discounted stores like nordstrom and saks that are getting her stuff.

she has good taste and makes clothes that people can actually afford and cute, too. >> shepard: the thing is, why would these companies -- there's an e-mail campaign, fire this one or get rid of that one. who the hell cares what they say. sell what sells. if it's not selling, take it off the stores or the weeb site. anything else is dumb. >> nordstrom is based in seattle, which is a progressive city. you have these vocal groups that try to bully these companies by saying, you know, if you don't take her stuff off your shelves, we're going to make noise. how about shut your pie holes and let people come in and buy what they want. >> shepard: if it's not selling, probably stop selling it. >> yeah. nordstrom says the bottom line is the bottom line and it hasn't been selling that well. but there's some evidence to the contrair contrary. >> shepard: did you watch the game sunday night? >> are you kidding me? it was insane. i was certainly that tom brady would be bested by the falcons.

i read a quote saying you have to save a little gas. it's a long game. half time is longer. >> he did. there were people with patriots stuff on standing there waiting to exist. maybe we'll just look and see how we do with it. maybe they get the two-point convert. they didn't leave. >> tom brady hates potatoes. >> shepard: houston was amazing. they were good. we'll be right back.

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move. if you're in the deep south and the southeast, watch your local weather. they have not stopped. they're moving west to east. should news break out, we'll break in. breaking news chances everything on fox news channel. neil cavuto is right now. >> neil: this court case would be helpful to keeping the wrong people out of our country. this is a dangerous period of time. everybody is talking about dealing. a lot of bad people are thinking about hey, let's go in right now. we're being very, very tough with the vetting. >> neil: all right. the president today meeting with sheriffs from across the country saying he's on the right side of the law on this one and says his vetting order to try to watch those that come into this country from seven dangerous countries on this planet will be held and deemed fit. we'll know in a couple hours when three judges rule on this very issue. but what we