show show with adam. brian: skip is out of money. he needs some help. crash his site. steve: foxnews.com. "after the show show." ainsley: have a good weekend. happy friday. brian: going outside, don't wear a shirt. ♪ ♪ >> we cleaned up rock -- rockefeller center and now we'll go to the suburbs. skip is out of money and he needs help, go on his website. >> have a great weekend. happy friday. >> stay within yourself, everybody. if you go outside, don't wear a shirt. >> bill: good morning. we'll see you in court. those words from president trump as he loses a legal challenge on his temporary travel ban. it's a big story this morning. a lot of fallout on a friday as we say good morning. i'm bill hemmer, this is "america's newsroom." >> i'm melissa in for shannon bream. a three-judge panel in a unanimous vote refusing to reinstate president trump's executive order banning travel from seven mostly muslim nations. president trump makes it clear this fight is just getting started. >> it's a political decision. >> do you believe the judges -- >> we have a situation where

the security of our country is at stake and it is a very, very serious situation. we'll move forward, as i said, to seeing them in court. >> bill: fox coverage. former justice department official in a moment on the legal road ahead. dan springer reaction on the plaintiff's vick tee in the state of washington and john roberts with president trump's next move and let's start there. a few tweets already today, john. good morning. >> it's clear the president is frustrated and incensed with the thing that happened with the ninth circuit court of appeals. instead of writing warfare he writes law fare. the panel didn't even cite the statute. a disgraceful decision. the statute is the u.s. code that gives him the authority over immigration and to bar from the country whatever aliens or class of aliens he would like without anybody saying anything about it. white house formulating its response right now.

a number of different options it is weighing. it could ask for an on-bank hearing at the ninth circuit court of appeals. they could get the same result they did with the three-judge panel. they could file an emergency appeal to the supreme court to hear this case. with the 4-4 split it is likely that might get kicked back to the 10th circuit and lose again. they could fight this case on the merits to figure out the constitutionality of the executive order which the white house believes it would win or issue a new executive order with slightly different language. the 9th circuit was concerned about the fact there was no carve--out in the original executive order for legal permanent residents. white house counsel assured them those were not included they have no legislative power and want to see it in a different form. sean spicer last night said all options are being weighed but they will at some point be

going into district court. >> we'll have to examine our legal options and that's what our counsel is doing now to make sure that we know what the best legal route to do is. we look forward to a full hearing on the merits of this case and we feel very confident we'll prevail. >> opponents say it violates a couple parts of the constitution, the bill of rights. the establishment clause of the first amendment because they say it specifically targets muslims and then the 14th amendment equal protection under the law. the white house insists the president has full statutory authority to do that and they think they'll win this case if it gets to the district court litigation. >> bill: how are they reacting or spinning it? >> the white house is portraying it as a battle between activist judges who are liberal in the ninth circuit court of appeals. judges who legislate from the

bench. usurp the president's authority who is supposed to provide for the national security of its citizens. >> the nation's safety is at risk. that's what it's been about from the beginning. keeping the country safe. it is not just a promise he made as a candidate, it is his duty and responsibility as president of the united states and commander-in-chief and he has broad authority to do that under the statute. >> we'll get a chance to hear from the president a couple of times today, bill. he has a photo op with japanese prime minister in the oval office and the two of them will hold a press conference and you can bet the first question at that press conference will be about this court case. >> bill: thank you very much, john. leading us there today again from the north lawn. thank you. >> bob ferguson quick to claim victory after the court's decision. >> bottom line, this is a complete victory for the state of washington the ninth circuit court of appeals in a unanimous decision effectively granted everything

we sought. >> very confident. dan springer is live with more on this one in seattle. >> he said he doesn't know what the trump administration will do next. if they go to the supreme court he believes they will win there also. they're in it for the long run. ferguson's team was working on the lawsuit to block the travel ban the day after the order was announced and all those airport protests broke out. washington's governor participated in the one at the airport. this was a religious discrimination aimed at preventing muslims from entering the country. speaking to reporters last night he defiantly reacted to the tweet he would see them in court. >> mr. president, we just saw you in court and we beat you. and you ought to think about this because these courts have said this is unconstitutional. >> of course, the court did not go that far. the court acknowledged the authority of the president to make decisions about national security but said the courts

are not powerless to review those actions. now, if the trump administration does seek another appeal in ninth court or an emergency appeal to the supreme court, the case will go back to the federal district court in seattle and judge james robart, who granted the temporary restraining order in the first place. and when he issued that ruling he had to find the state of washington would likely win on the merits of its case. although he didn't say which constitutional argument was their best, the state's attorney general as advice for mr. trump. >> he can tear up the order and start over. i would strongly encourage him to consider the latter course of action. >> he was the same judge who president trump called a so-called judge, melissa. >> thank you. >> bill: fundamental question. is this the way the democracy works or is it a system of check and balance. we have a former department of justice attorney and federal

election committee and manager of the heritage foundation's legal center. how did you read this ruling? >> the court basically ignored the actual statute that gives the president the power to do that. in two dozen pages they spent all their time talking about due process rights for foreign aliens which is a bizarre notion. >> bill: that's an interesting read on your part. what does the law say about those who aren't citizens of the united states? you get a green card or visa to travel here and there in and out of the country but you are not a citizen of the country. >> look, if you are a resident permanent alien, you have a green card you have certain limited due process rights if the government wants to revoke your residencey. but this order extends to foreign aliens who have never been to the united states, who want to visit it and extends due process rights to them. in essence what they're saying, for example, is if one of the

terrorists who attacked our embassy in benghazi is reduced a visa, he has the right to a hearing, due process rights and extending constitutional rights to foreigners who don't have such rights. >> bill: part of what the court said on screen. they pointed to no evidence that any alien from any of the countrys named in the order has perpetrated a terrorist attack in the united states. the government has taken the position we must not review its decision at all. we disagree. did the government -- did they have the burden to provide that evidence that the court suggested? >> no. first of all, the court is wrong. there is evidence of individuals from those countries being arrested and convicted of terrorist acts. they didn't need to look at that. what they needed to look at was the statute giving the president the authority to do it. he can suspend entry of any aliens if he believes their entry would be detrimental to the interest of the united states. there is no discussion whatsoever of that statute throughout the entire appeals court order. only if they found that statute

to be unconstitutional could they stay what the president is doing. they don't even talk about that. >> bill: what should the administration do now? >> i think they'll have to do an almost triple edged approach. they need to continue to fight it in the court of appeals. the substantive case is going to go forward probably down in the federal district court. and they may want to reconsider slightly revising the executive order to make it clear that it doesn't apply to permanent aliens. the white house has said it didn't but the court wouldn't accept the statement of the white house counsel which think was a mistake. >> bill: interesting, thank you. great to get your expertise on this. more to come, you bet. melissa, what's next? >> the president planning to hold a news conference at 1:00 p.m. eastern. no doubt he is going to have a lot to say about the court's ruling against his travel ban. fox news will take you live to the white house when the

president takes the podium. this really highlights how important that fight for who is on the supreme court is, don't it? >> bill: interesting point. something up for coming up with kelly ayotte. stay tuned at 1:00 friday afternoon. if it goes to the top president trump's nominee in the court will have a heavy hand in mind here, right? the high court split 4-4 as you mentioned. could this case speed up the confirmation process? will it have any effect? former senator kelly ayotte, the counselor to judge gorsuch is live with all of that and more. >> homeland security secretary john kelly said he was prepared for this outcome. how the decision could affect your safety and the administration's plan to fix it. we'll speak to senator james langford of the intelligence committee plus this.

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>> bill: so now as a possible showdown looms over the travel ban ruling all eyes on neil gorsuch. he has had several meetings, 30 meetings to date. how are they going especially with democrats? kelly ayotte, the counsel to the supreme court nominee as he goes through the process and the former new hampshire senator is with me now? how are you doing? good morning to you. good to have you. trying to get you on. i think it's a fascinating process. you were brought on board fewer than two weeks ago and you are, as you describe, his sherpa throughout these meetings. what was said with the connecticut senator, richard blumenthal when they met together. >> judge gorsuch, what a tremendous nominee. so qualified and met with 30 senators at this point on the hill from both sides of the aisle and certainly in the meeting with senator blumenthal as he has made clear with other senators he met with he couldn't comment on any particular case and also that judicial ethics prevented him

from commenting on political matters. he made clear he believes in the independence of the judiciary and when comments were made not refer to any specific case, he was clear about that. that went to the integrity or independence of the judiciary he said he found comments like that to be demoralizing and disheartening. he feels strongly about the independent judiciary. see not commenting on any specific case and he won't comment on any political matter. so these were comments about anything that could be said about the judiciary that don't go to the merits. >> bill: i appreciate you answering that. we're trying to figure out what's accurate and what's not. can you clarify it for us? >> i think i did just clarify it. he is not commenting on any particular case but he strongly stood up for the independence of the judiciary.

>> bill: did senator blumenthal characterize their exchange accurately? >> again, i think it's important to clarify that the judge's comments were not about a specific case. they were more generic about comments from any source that do not go to the merits of the case and that he was -- felt very strongly about the independence of the judiciary. >> bill: this is not about the travel ban then. >> just to be clear about that, i mean, this is something that could potentially at some point go to the nation's highest court. judge gorsuch has been very careful in each of the meetings and rightly so, he needs to be, that's what we expect from any nominee for the court, to not weigh in on matters that may come before the court. >> bill: so you are here to say and clarify no lines have been crossed based on these conversations in meetings thus far. >> exactly. that's important because the

judge is highly qualified. he is someone that believes firmly in the independent judiciary. he has been having very good discussions with the senators he met with but just like other prior nominees to the supreme court he has to be careful not to weigh in on any particular current matter that could come before the court and he has done that. and he also has to be mindful he is a current sitting judge in the 10th circuit where he served for 10 years and he continues to be in that capacity and he obviously is a judge's judge and will be a very thoughtful in answering these questions from senators. >> bill: i'm assuming he gets 52 republican votes, is that fair? >> well, certainly i don't want to presume what any of my colleagues will do. they've been very favorable to him because of his excellent qualifications and the way he conducts himself. >> bill: that leads me to my next obvious question. how many votes will he get from democrats? >> well, yesterday the

president had ten senators to the white house. a number of them were democrats. i think the democrats we've been meeting with have been very open minded asking the judge very good questions and engaging with him and so we've already heard from a number of democrats that are open minded to supporting the judge. and if you look at his background, his 10 years on the 10th circuit he has demonstrated he is fair, independent, thoughtful and that he is the type of person that should serve on the united states supreme court. >> bill: if he doesn't get the 60 based on current senate rules would you support 51 votes, a simple majority? >> i have to tell you, bill, he deserves to have well over 60 votes and i would hope that this happens based on his qualifications. this was an excellent nomination by the president and you've had people come out, even president obama's former solicitor general who has come out in favor of judge gorsuch. he certainly is someone who

deserves over 60 votes. i'm hopeful that is going to happen. but i know i've also heard from the senate majority leader that he will be confirmed one way or the other. >> bill: chuck schumer says he is avoiding his questions. i think the phrase was the issues, avoiding them like the plague. were through for that meeting? >> i was present. let's just be clear. so the senate minority leader was asking the judge directly about cases that could potentially come before the united states supreme court and the way those questions were asked and judge gorsuch, as he has done in every meeting, has been very thoughtful and careful trying to answer the questions but also being mindful that he has to maintain his independence. he has to maintain the ability, if he serves on the nation's highest court, to be able to be on those cases. so i think the questions asked by senator schumer were very direct but not the type of questions that judge gorsuch

could answer under his ethics. >> bill: if that's the case to be continued during his hearing. >> yes, thanks bill. >> bill: i wish i had more time but for now we're out of it. kelly ayotte, thank you for coming by. 21 past the hour. >> melissa: important stuff. tom price confirmed in an overnight vote and work on repealing and replacing obamacare begins straightaway. what will we see happen first? a mudslide in california, how neighbors reached out for help when cell service didn't work. >> all of this water and mud came down and trees. and it was just this force of nothing like i've ever seen before. that's why there's biotene. and biotene also comes in a handy spray. so you can moisturize your mouth anytime, anywhere. biotene, for people who suffer from dry mouth symptoms.

>> bill: a woman in california

stranded in the middle of a mudslide pleading for help on facebook live. >> everything just got washed away with mud. some of the cars are getting washed away. if someone can call cal train or whoever and send them up to our house. >> bill: that's one way of doing it. heavy rainfall triggered the mudslide that left major damage. emergency crews had a hard time reaching the woman and her family. they eventually, however, did help them and lead them to safety. >> this big yard that i built and all these things for these kids literally wiped away. >> it was completely unexpected. this was something that i didn't even know mother nature could do. >> bill: a lot of rain there in california. the family's homes and vehicles damaged in that massive slide there.

>> melissa: all right, a fox news alert for you, tom price expected to be sworn in as the next health and human services secretary in just a few hours. the senate confirming him to the position as early as this morning. it comes as lawmakers continue their battle over the affordable care act. republicans hoping the new secretary will help undo parts of obamacare. meanwhile, democrats slamming price's confirmation. >> make no mistake, in the dark hours of the early morning with the confirmation of secretary price, the republicans launch the first assault in their war on seniors. >> melissa: harsh words. joining me now is dr. marc siegel from the fox news medical a team and professor of medicine. this is the most important guy in probably the most important battle depending how you look

at it. the critics say republicans have been talking about replacing obamacare all this time. why don't they have a plan ready? does he have a plan ready? >> he had a plan in 2015 called empowering patients first act trying to get through congress. it didn't get approved because of president obama. he has agreed with paul ryan's plan. the two of them together have put minds together. before i get to that. i want to talk about the details of that but want to tell you this is a historic appointment. only the third time in the history of hhs, 63 years we have had a physician. the second time was dr. louis sullivan under president george bush 41. he was a health reformer. physicians everywhere are excited about this. the american medical association, which is a huge supporter of the affordable care act, also wanted him. they also recommended dr. price. why? because they think he is for physicians, he is for the

doctor/patient relationship where you sit there with your patient and make decisions, remember that? also medical malpractice reform. for the ama to be supporting him as well as his idea that he is against the aca is a big deal. >> melissa: a big sign of endorsement. i know you guys are getting ready to do a sit-down interview. what is the first question you have for him? >> the first question i have for him is how quickly could you get into place some of the ideas that you have, that dr. price has for privateizing things >> melissa: what are his two best ideas? >> he wants health savings accounts. he wants tax credits to buy insurance. he wants to move us back to a time -- this is going to be controversial, to a time when older people actually pay a little bit more for their premiums. >> melissa: no one will like that except younger people. >> younger people are saying why are my premiums so high?

he does want to keep pre-existing conditions covered. he will go to high-risk pools that we've discussed before. those who have had higher premiums but state-run pools. he wants medicaid to be under state jurisdiction where block grants go to the states. another thing from a business point of view is to give the idea that medicare, you could have a private option. if you want to you could use your money from medicare to buy a private option. more credits, transparency of prices, privatizing the system and getting the government out of it. >> melissa: we talked about this idea that everybody wants to keep people with pre-existing conditions. let them have their insurance and not be denied that's expensive. you had the idea they need to be pooled in larger pools maybe across the country but this is where the government's money should be directed. towards subsidizing these people who use a lot of healthcare and who cost the system a lot but need the insurance. does he support that idea?

>> he not only supports that he really initiated that. >> melissa: you stole it from me. you didn't tell me that. >> it's his idea. subsidies should be in the high-risk pools. he is aware the premiums will be higher in those pools but remember, right now we have a system where if i go to a state website and i pay $350 for a premium, i'm reimbursed $250 from the government. he wants the government to be spending less money for the worried well and more money for the actual sick. and again, i have to emphasize, a physician dealing with doctor/patient issues. >> bill: democrats claiming victory. the white house vowing to press on after the ninth circuit court ruling. how both sides will react to the decision as they get ready for the next round in this fight. >> you see very quickly the a president has great authority to protect the national interests and protect the

security. >> the rule of law shows that courts will not be bullied by threats or personal insults.

>> melissa: the white house preparing to go to battle after a federal court of appeals unanimously ruled against president trump's temporary ban. democrats praising the ninth circuit for following the rule of law. the trump administration insisting the constitution is on their side and vowing to fight on. >> i feel very confident the president's authority on this as stated in the u.s. code. the president has the authority to make sure people coming to this country are doing so with proper intentions. >> it shows the united states of america has a great system. it is a system of checks and balances and i'm very proud to see that the court has made it clear the president isn't above the law. >> how did you find out the decision? >> we saw it just like you did.

>> via the news? >> president trump: it's a decision we'll win, in my opinion, very easily. >> there is a limit what he can do and we have the protection of our courts. >> melissa: the senior director for research and katie pavlich is a fox news contributor. katie, the smack talk got going right away. chuck schumer tweeting president trump ought to see the writing on the wall. abandon proposal. roll up his sleeves and come up with a real bipartisan plan to keep us safe. i'm sure the president is going to back right down, right, katie? >> i'm sure. democrats may think they won the battle but certainly haven't won the war in the eyes of the trump administration. there is a reason why they call the ninth circuit the ninth circus. the majority of decisions are overturned. when you look at the opinion here it is not detailed in terms of the law and they are bringing in arguments that donald trump made on the campaign trail to make their

decision in this case, which is unprecedented in terms of what we've seen in the past. the 10th circuit has shut down in the past bringing in previous political statements made by candidates into court cases so the administration has two options. they can rewrite the executive order and make sure it's more narrowly tailered and have a better roll-out and they can go to court and bring it to the supreme court which i think they have a good chance of winning. >> melissa: what about that, jessica? i was shocked to read this court is reversed more than 80% of the time. not a good record. >> it is not ideal. we're all numbers people here and i wouldn't like the odds. we keep forgetting this is a temporary ban. there is awaiting out the clock element here. democrats have been doing it with the confirmation hearings and the gorsuch hearings as well. we need to make it a few more months before it's over. i do think the trump

administration will rewrite the executive order whether it comes before the 90 days or over or after i'm not sure. as katie said they aren't giving up. donald trump has intent on this and staking it all. this is one of his big campaign promises and i know it's morphed a number of times. muslim ban, security ban, travel ban, whatever we want to call it. he is dedicated. >> melissa: he is not giving up. the smack talk doesn't end, either. entertaining for the people on the sidelines, hillary clinton weighing in and tweeting right away 3-0. kellyanne conway responding with three states that hillary clinton lost. >> not only that. she is also 2-0 when it comes to presidential runs as well for hillary clinton. i think hillary clinton weighing in does herself a disservice when it comes to her credibility but going back to how the trump administration can handle this moving forward on the merits and the legal argument here they are going to

continue to cite federal law and rely on the constitution. >> melissa: should they rewrite it? >> i think they actually should. it would make the process much easier and avoid anymore conflict in the courts. but i don't think that president trump is going to do that considering he likes to win and isn't going the back down on that. they could certainly rewrite it to exclude green card holders from the beginning. the big problem with this situation is this court looked and said it caused harm and the trump administration could have avoided a lot of that giving the opposition that argument but rolling it out properly from the beginning. >> melissa: do you think that's the best way to proceed would be to rewrite it more specifically and narrowly? >> definitely. the court also said the administration had shown no evidence that people coming from these seven countries had committed acts of terror in the united states >> melissa: i'm glad you said that. since then everybody has come up with it and a whole list of people from these countries. so the evidence is there

although i understand they did not present it at the time. >> it was a huge mistake and what the washington decision and minnesota decision rely upon. the trump administration has to change things. there is something special to say trump saying obama made this list. the previous administration did this. the problem is that argument doesn't hold up. what happened in 2011 is not what is going on now in 2017. so he has to modify. >> melissa: i have the list right here. they could just take this list and go back and try again. i can mail it, whatever. i can email it. be in the courtroom to present the evidence. the department of justice didn't do the administration the most favor when it came to their arguments not having all the evidence they needed in this case. >> not only do we have this list of people who have been accused or convicted of terrorism from these countries, but it doesn't matter because

the whole point of this is to prevent anything from happening. it is not about waiting until after something occurs to then be on the defense in terms of finding policies to prevent that. >> melissa: happy friday to you boat. -- both. >> bill: kellyanne conway has had the worst week ever. >> not as bad as losing the presidency. >> bill: add that in the end. have we reached a stalemate after more than 15 years of war in afghanistan? the top u.s. commander calls for thousands more troops. is that the solution to this conflict? do you believe a judge has the authority to rule on national security? >> no, the law is very clear that the executive branch has the right to be able to make decisions on immigration in areas especially dealing with national security. >> bill: more from that interview. some believe the ruling out of san francisco puts america in

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>> bill: you may know by now president trump slamming the appeals court ruling on his travel ban vowing to press on as a matter of national security when he said this. >> president trump: it's a political decision. >> do you believe the judge -- >> president trump: we have a situation where the security of our country is at stake. and it's a very, very serious situation, so we'll move forward, as i said, to seeing them in court. >> bill: a bit earlier this morning i spoke with james langford out of oklahoma serving on the government affairs committee and intelligence committee about all of this that's happening

now. >> bill: thank you for your time, senator. did the court get it right or not? >> seems like the court got offended is what it is. when you read through the 29-page ruling the court wrote out they talked about not a strong argument from the government but then they do this long extensive statement that apparently the government attorney said they don't have the right to review this. so they spent lots of time saying yes, we do have the right to review it. and then they push back on this one key thing saying the government was trying to say national security and safety. the states were saying we need professors to come in from some of these locations or maybe researchers and so they were weighing whether it's better to have national security or better to have professors from these universities and they come down on the side of the professors and the universities. it's a very unusual ruling. >> bill: i have some specific questions here. do you believe a judge has the authority to rule on national security? >> no, the law is very clear that the executive branch has the right to be able to make

decisions on immigration in areas especially dealing with national security. >> bill: another specific question. that ruling talked a lot about due process. what is the law, what is the constitution saying about due process for people who are not citizens of the united states of america? >> there are two steps that the court went through. one said due process denied to american citizens and they went back through and said there are some slowdowns and detained, which is not an accurate word there. they know it legally. when they went through that they were talking about american citizens. this was filed on the third day. on the fourth day after this was done the administration had cleared all this up and said legal permanent residents and american citizens and all those individuals can travel from these countries. the courts assumed they never said that or said that the counsel doesn't have the right to be able to say that. the president had to say it, not the counsel for the white house. >> bill: if you clarified the whole green card matter that

was done several days later, if you clarified legal visa. if you accounted for two groups would this order stand under this court? >> based on the opinion of the court, yes, what i recommended last night was the administration take a look at this and not go back and press it to court. to go back and clean up the document to be able to make it clear what they made clear four days later, they should make clear the first day and be able to push it out. no question the president has the right to be able to keep the nation safe. they are questioning did american citizens and people with legal permanent status have the right to move and travel. if it's restribted they pushed back against it. >> bill: you say rewrite the order and you're good. >> that's what i would say on it. >> bill: secretary kelly was at a hearing the other day. this was tuesday morning in washington when he was asked about this and talked about the consequences. watch. >> in the courtrooms they're

protected by people like me. so they can have those discussions and if something happens bad from letting people in, they don't come to the judge to ask them about his ruling, they come to people like me. >> bill: what do you think about that? >> i think it would be the opposite the next few weeks. all of us hope nothing is bad. but they would go to the judges and say what happened there. the key issue is secretary kelly from homeland security has the responsibility to keep us safe and the president has that same responsibility. it sinting to be able to sit this ruling side-by-side with president obama's ruling 2 1/2 years ago he came out and gave legal status to 4 1/2 million people just on a whim and executive order. the courts pressed back on that to the supreme court. this is different. this is saying a small group of americans didn't get due process. president obama was trying to

give legal status to people who weren't americans. i would say on this ruling go back and be able to clarify it. reimpose it, be able to check and make sure that anyone coming into our country is a country that we have vetted. >> bill: do you think we're at risk as the process plays out legally? >> we aren't at a point where there is a heightened sense of risk on something specific but we've been at a heightened general risk for months and months, several years now. there are real threats of those individuals moving through the refugee process and asylum process in europe and multiple of those individuals have carried out terrorist attacks in europe. this is something that is planned, something that isis works on and tries to move. it is not a non-issue and is entirely reasonable for the president to say let's check our process. we'll go back and reopen our borders and do all that but let's make sure we vet correctly before we do it. >> bill: senator langford out of oklahoma on the hill. thank you, sir. interesting comments at the end on this something that will be

debated and see how the president makes his case today. 1:00 press conference today on a friday afternoon. there will be headlines. >> melissa: can i point out something important going on in the background? we have markets at an all-time high because the president was talking about tax reform. that's going on in the background of all of this and it can't get lost. that's what the economy and business community is listening for as we talk about immigration, which is really important, don't forget the tax reform. >> bill: yesterday he said he will have news in two or three weeks. individuals and corporations, john barrasso was here yesterday and said we'll get something done this year. >> melissa: the market is counting on it. all right. a rowdy crowd for one congressman in utah. hundreds of angry constituents with a clear message. what has them all fired up? >> he wants to run for orrin hatch's seat. that's the only reason he is appearing in salt lake county.

>> melissa: tempers flair at a republican town hall near salt lake city utah. congressman jason chaffetz tried to hold the open forum but was met by 1,000 angry protestors, some furious over his support for president trump. we're live in denver with more. this was not the homecoming the congressman expected. >> probably not, melissa. not exactly warm and fuzzy. what's more is congressman chaffetz is a conservative from utah. one of the most conservative states in america. so many protestors showed up many couldn't even get in the building angry over taxes by the new president including the executive order limiting travel from seven muslim countries and

specific to utah lack of protection for public land. >> you don't show up and put your money with your mouth is no one will change anything. >> he was reelected to his fifth term in november. district includes some of the suburbs around salt lake city, melissa. >> melissa: we don't even know what groups those were. there you go. things weren't much better for the congressman inside, though, right? >> it only got worse. congressman chaffetz couldn't get a word in many times and if all of this looks and sounds familiar, think back to the election of president obama back in 2008. shortly after came the birth of the tea party movement, furious gop party members managed to replace some republicans in washington with more conservative folks. >> it's crucial he comes back to utah and talks to the people he is representing and that way he can take our interests, concerns and take those back to washington with him. >> chaffetz is chair of the

oversight committee answered a question about kellyanne conway after urging people to buy ivanka trump's products. >> we sent a very candid and direct letter to the white house and the office of government ethics. kellyanne conway was wrong. it should never happen again. >> for the most part a lot of yelling. not a whole lot of listening. >> melissa: wow, all right. thank you for that. amazing. >> bill: a lot of that, huh? >> melissa: a lot of yelling going on. >> bill: you watch that video. >> melissa: my goodness. >> bill: who were they? what did they want done? reach out the congressman chaffetz's office on that. president trump blasting the ruling against the temporary travel ban. will it go to the u.s. supreme court at some point? likely. chris wallace on deck about that. judge gorsuch and the state of affairs in the trump white house today. all that coming up at the top of the hour.

>> bill: it is not over until it's over. that's the message from the white house. president trump vowing to fight on after the ninth circuit court of appeals refuses to restore his travel ban. the snow is melting. 6 to 10 inches? i took the under and you took the over. it was nine inches, you won. >> melissa: i like that. what am i getting? >> bill: we'll figure it out. i'm bill hemmer. it's friday in "america's newsroom." >> melissa: happy friday to you. i'm melissa francis. the panel of three judges on the ninth circuit ruling against the temporary travel ban. president trump accusing the court of playing politics instead of following the rule of law. this could go all the way to the top. here is the president reacting last night. >> president trump: it's a political decision and we'll see them in court.

we have a situation where the security of our country is at stake. and it's a very, very serious situation so moving forward, as i said, to see them in court. >> does this undercut -- >> president trump: this is decision that came down. >> you confer with your new attorney general on this? >> president trump: , no i haven't, we just saw it like you did. >> via the news? >> president trump: it's a decision we'll win in my opinion very easily. by the way, we won that decision in boston. >> are you closer to -- speak on behalf -- >> president trump: we'll make a decision over the next week. [inaudible], okay? >> are you headed back to the white house? >> that's from last night.

anchor of fox news sunday, chris wallace. we've heard the president's position from the democratic side. donna brazile said this. let's be clear, it's a massive blow to the white house. president trump -- our courts thankfully do not, end quote. okay. how do you see it? >> well, it certainly is a blow. remember, it is just three weeks at noon today that the president has been in office. here is a major executive action that he took. he said to protect the country and you have one of the courts of appeal, the ninth circuit court of appeal, saying that in effect that they didn't offer enough evidence and they will allow the temporary restraining order blocking the travel ban to stay. and, you know, the question as was being asked there. i know you guys have been asking over the last hour, what does the president do now? he can go to the ninth circuit court and ask for an expanded hear with a 10-judge panel to

hear it. he could go to the supreme court. but there is a chance there there will be a tie because of the 4-4 split. not a seat that has been filled yet. if there is a tie it goes back to the decision of the ninth circuit court of appeals, that stays. or he could go fight it out on its merits in courtrooms around the country including in that courtroom in seattle where they originally stayed his executive order. and all of these things, one of the interesting questions that was asked in the q & a with the president, is it eating up oxygen and attention during the early days of your administration? we've been talking about this all last night and all today. meanwhile we aren't focusing as much on issues like tax reform, obamacare, building a wall, infrastructure and on and on. and given the fact that if he takes it back to the court, remember, the stays were only 90 days or 120 days. if he fights it on the merits in the court it will take

probably that long anyway, maybe he should just go do the revised extreme vetting for people coming into the country either as refugees or as immigrants and go on with the rest of his agenda. >> bill: you lay out interesting options there. let me try to squeeze in two more topics. kelly ayotte, is the chaperone for judge gorsuch on the hill. some democratic senators were critical of him because they believe he was taking shots at president trump when she said the following chris last hour. >> the judge's comments were not about a specific case. they were more generic about comments from any source that do not go to the merits of the case. >> bill: this is not about the travel ban, then. >> i think, you know, just to be clear about that, i mean, this is something that could potentially at some point go to the nation's highest court. judge gorsuch has been very careful in each of the meetings

and rightly so, he needs to be, that's what we expect from any nominee for the court, to not weigh in on matters that may come before the court. >> bill: all this works together in the context of what we're discussing here. based on what you have heard, how is judge gorsuch -- how is he doing? >> i think he is doing pretty well. first of all i have to say and i have great respect for senator ayotte, the remarks from her and sean spicer at the white house are extremely disingenuous on this subject saying when he talked about attacks on the judiciary, he wasn't speaking specifically about donald trump's comments about the so-called judge and about the, you know, knocking the ninth circuit court of appeals panel. the only question i have is who else has been attacking the judiciary in the last week or so except for donald trump? so it seems to me pretty hard to say that he wasn't reacting to the comments of the president. now, having said that, i think

judge gorsuch is doing very well and to a certain degree i think his comments distancing himself in a sense really objecting to the comments of president trump only helps him because it shows that he is independent, he is not going to be -- fall in line and follow the president who has nominated him and some democrats who aren't crazy about donald trump or his judicial philosophy may find that attractive. there are a number of democrats who have sat down, dianne feinstein, others who have sat down with judge gorsuch and seem to be extremely impressed. hard to say yes, he is on the conservative side but hard to say he isn't in the judicial mainstream. >> bill: i want to squeeze this in. white houses have victories and setbacks. how do you score it so far? >> it's less than 21 days. i think that to have this setback in the ninth circuit court of appeals on the issue of national security is quite a

setback. it is early. a lot of things will happen. but that and the fact that it's eating into, as i said at the beginning, his ability and his opportunity to push his agenda on a lot of other items i think is a bit of problem and i think that's something the president has to decide does he want to continue pursuing this or does he want to pursue other issues that may be of more general impact to america? >> bill: a lot to talk about on sunday. check him out on sunday on fox news sunday 2:00 and 10:00 eastern time here as well on the fox news channel. all that is coming up. stay tuned. 1:00 press conference this afternoon from the white house. >> melissa: while you were sleeping the senate confirming tom price as secretary of health and human services putting a fierce obamacare critic who also happens to be a doctor, by the way, in charge of replacing obamacare. senate majority leader mitch mcconnell hailing his confirmation. >> the american people need dr. tom price applying his practical knowledge as a doctor

and legislator at the department of health and human services. an agency in great need of new leadership. >> melissa: let's go right to chief congressional correspondent mike emanuel. the result wasn't in doubt. republicans love price for this job, right? >> no question about that. they love his experience as an orthopedic surgeon. dr. tom price has experience as a medical doctor, someone who knows the medical field and the system and has a keen understanding of bureaucracy in washington after serving in the house of representatives, one of his home state senators praised dr. price for being willing to serve and to work to make healthcare better for everyone. >> dr. price will work to end washington's takeover of our healthcare system and know he will work tirelessly for a healthcare system that compassionately improves the lives of every american. >> no more confirmation votes in the senate today.

steve mnuchin's vote will come monday. linda mcmahon will get a confirmation vote late tuesday morning. >> melissa: democrats hate him. i don't think that's too strong a word. what are chief among their complaints? >> they're warning obviously he is going to lead the charge to dismantle obamacare and one democratic critic talked about dr. price and says he is going to go after those healthcare entitlements. >> congressman price has a lot of experience in healthcare policy. yes, he has experience but it is the kind of experience that should horrify you if you care about medicare and medicaid or if you care about your own insurance coverage. >> despite that protest he was confirmed late last night and be sworn in as secretary of health and human services today. >> melissa: thank you. >> bill: we have breaking developments on a terror plot

bust in france. an attack was imminent, four people have been arrested and what else we're learning about their plan in a moment. >> melissa: new polling on president trump and his ongoing war with the media. who do the american people trust more? bernie goldberg is here to break down the numbers. >> bill: the white house could take that travel ban appeal to the u.s. supreme court. which way will this fight go next? >> i suspect out of a matter of pride he will want to go to the supreme court where i think his chances may be dicey. got an estimate in 24 hours. my insurance company definitely doesn't have that... you can leave worry behind when liberty stands with you™ liberty mutual insurance ♪ some things are simply impossible to ignore. the strikingly designed lexus nx turbo and hybrid. the suv that dares to go beyond utility. experience amazing.

>> melissa: president trump making one thing very clear in the battle to reinstate his immigration order. it is not over. not by a long shot. legal experts saying he has several options including an appeal to the u.s. supreme court. charles krauthammer saying right now that might not be his best course of action. >> there is no slam dunk even though, i think, if we had a full court, if we had scalia or if we had the new justice, he would win. but we're not sure where it goes. remember, as you know, tucker, if the high court splits 4-4, then the ruling of the ninth circuit, the one we got tonight stands and the president loses. >> melissa: chief counsel of the american center for law and justice, what advice would you give to the president? what do you think is his best course of action for success?

>> here is what i would do. the president's primary concern is the safety of the american people. the best thing to do would be issue a new executive order. you could do it today. rewrite that one provision of the executive order to clearly include that those with visas, green cards, etc., those that were eventually said not to be in the executive order, not to be covered by, exempt those groups out. delineate that in the executive order, that mutes out the existing ninth circuit case and the district court case because you have a new superseding executive order that would require washington state to refile. you would have met the burden of at least what the ninth circuit said their problem is. even if the court were to still rule against the position of the president at the district court or the court of appeals i think you win at the supreme court 8-0 if you clarify that issue. i would clarify that issue. >> melissa: a lot of people agree with you.

the "wall street journal" column not so much. they say the best option for mr. trump is scrap the order and trust mr. kelly to do refugee vetting. but if the president insists on a new order run it through extreme vetting. the alternative is a possible bloodbath at the high court. >> yeah. here is what -- look, i'm a supreme court litigator. one thing i know how to do is count to five. right now with the existing makeup of the supreme court i'm not so sure with the existing executive order you get there. i'm hesitant there quite frankly. i like to win those cases when i take them up. what the "wall street journal" is saying in the editorial today is not inconsist went with what i'm saying. you can put in the executive order that dhs will be the implementing arm of the executive order. that make sense now that you have a dhs secretary. it is changing a paragraph. i think the president carries the day and succeeds in securing and protecting the american people, which is the ultimate goal. >> melissa: i think one of the

things that has been so eye opening for americans who are watching this go along, especially if you listen to the conference call where they went back an forth and spoke to the lawyers is just how much room for interpretation there seems to be with the law. and this really highlights this fight over judge gorsuch and what it means to have a justice in place who is -- does the district interpretation and those who think there is a lot of wiggle room in the constitution, right? >> yeah. what you saw in the ninth circuit court of appeals is the anti-judge gorsuch. the anti-scalia view of the constitution. the court in its questioning and in its opinion basically decided a policy issue. not the branch that is supposed to be doing that. when we talk about the statute that authorized the president to do in. in the 29 page opinion that statute is not mentioned one single time. this was a policy decision by the ninth circuit. again, to protect the country, the president can reissue that executive order today or

tomorrow, mutes out this case. they have to refile and i think we win it 8-0 at the supreme court of the united states. >> melissa: there might be people on the conservative side listening to the battle and watching these judges and say we need to make sure we get someone like judge gorsuch on the court. what do you think his chances are and do you think these comments that are coming out where he sort of distancing himself from president trump, do you think that helps him? could they be contrived in some way? >> i don't think they're contrived. if you are a judge or officer of the court. i'm an officer of the court as a lawyer. i can't speak disparaging of a judge. i can disagree with their legal decision but i don't talk about the judge. president obama pointed out with the supreme court sitting in front of him during the state of the union address and chastised the supreme court while they were there. it is not unprecedented in u.s. history. a judge, judge gorsuch did the right thing as a judge in that you don't want this kind of individual attack. as lawyers and judges we don't

do that. presidents have done that throughout our history. you can go back to the very founding of our country when marberry versus madison came out thomas jefferson let john marshall enforce that opinion. this is as long as our history. i think there will be a fight for judge gorsuch but i tell you this, in nine weeks we'll be calling judge gorsuch without any doubt we'll call him justice gorsuch. i have no doubt he will be confirmed as the replacement for justice scalia. >> melissa: it was eye opening to listen to the conversation between the judges. if people haven't listened to it i encourage people to go online and listen to it. thanks for coming on. >> bill: 20 minutes past the hour. the top u.s. commander in afghanistan now offering a grim assessment of that conflict. >> in your overall assessment are we winning or losing? >> mr. chairman, i believe we're in a stalemate. >> bill: what he says the u.s. must do in order to regain

momentum. that's coming up. >> melissa: plus fighting for the right to work. how one man is leading the challenge that could go nationwide. >> kind of like why don't you give us a choice here? isn't that what america is all about? so we have extra sets of eyes on our wells every day. because safety is never being satisfied. and always working to be better. mattress firmness? enter sleep number... she likes the bed soft. he's more hardcore. you can both adjust the bed for the best sleep of your life. right now, save 50% on the ultimate limited edition bed. go to sleepnumber.com for a store near you.

>> bill: a pipeline has exploded in louisiana. rescue crews searching for a missing worker there. the explosion at a phillips 66 plant west of new orleans. two other workers injured. one airlift evidence to a burn unit. 60 homes evacuated. the pipeline is filled with a natural gas product and continues to burn off this morning. >> melissa: a top u.s. general telling lawmakers that after 15 years of war, the u.s. is failing to make progress in afghanistan.

>> in your overall commanders assessment are we winning or losing? >> mr. chairman, i believe we're in a stalemate. >> 8,400 u.s.and 5,000 coalition troops, that's 13,300, and i'm fully aware that numbers are just one parameter. how many more do you need to get this stalemate reversed? >> mr. chairman, i have adequate resourcing in my counter terrorism mission. in my advise and assist mission we have a shortfall of a few thousand. >> melissa: let's bring in republican congressman from illinois, a pilot in the air national guard and member of the house foreign affairs committee. what's your take on this? what do you make of that conversation? >> it was refreshingly honest. it was the military saying here is the facts. it was the political

establishment saying here are the questions. we've had a lot of talk in the last few weeks about executive orders and terrorism at home and that's a big issue. but the reality is you can either fight terrorists there or here. it's the old saying, you may not be interested in war but war is interested in you. and the reality is we were attacked on 9/11 based out of afghanistan. this is a war that while we may be tired of waging because it's been a long time, we cannot afford to lose. the taliban have the old saying america may have the watches but we have the time. and so i think with this new administration it is important to say we're not going to stick to arbitrary time lines or numbers, 8,400 troops was meant to be under 10,000 so it's not five figures. it is a matter of what do our generals need to accomplish the mission, to make sure we can never be attacked from afghanistan again. >> melissa: what does it mean? committing more resources, going in heavier? >> i think it will probably take as the general said more

troops for the advise and assist. we have the ability to take out isis pockets and al qaeda where we find them with jets and special forces. as you are building this kind of new government that's been built for a long time but not used to centralized government and used to the kind of military structure. keep in mind afghanistan military has lost thousands and thousands of men over the last year because they are as committed to taking this fight to the terrorists and liberating territory from the taliban. so we need to give them the backbone, the train, advise and assist mission they need to get their logistics in order and to be able to go defeat the enemy on the battlefield. >> melissa: this has fallen if priority it feels like in terms of the conversation coming in behind everything we're talking about with isis, with iran, with russia. it is so far down on the list of topics. what's the danger of it being forgotten? >> i think there is huge danger in it. as long as we're doing the mission. as long as the president is

giving the resource to the military they need to do this mission there is no danger in it falling out of the conversation except americans are unaware what's going on. the think we forget there is isis strongholds in afghanistan. the taliban, if they come back, will give another opportunity for isis, al qaeda, to whoever to come in and train and attack america where we exist and in places around the globe and here at home. the danger is we have very important things like isis going on, pushing back against iran we have to be willing and able to walk and chew gum at the same time because unfortunately we're in a global war on terror. it is a generational fight against terror and we have to state committed. >> melissa: no sign of letting up. thank you. >> bill: 27 minutes past the hour now. president trump has made it no secret he thinks media coverage of his presidency has been unfair. even calling some networks fake news. so who do americans trust more? do they trust the white house

or the media? bernie goldberg joins us live on that next. ll of trash. what happens next? nothing. only glad has febreze to neutralize odors for 5 days. guaranteed. even the most perceptive noses won't notice the trash. be happy. it's glad.

>> bill: 10:30 on capitol hill. neil gorsuch starting his round of meetings again today. that's mississippi senator wicker there. even senators expected to oppose his nomination have praised him after meeting with him and kelly ayotte, his chaperone as you see in the all the video here, she says it is going well. so -- >> melissa: he must be very charge. that's all i can say. >> bill: that was the impression she left us. the meetings continue on the hill. we want to share that with you now happening in washington >> melissa: anti-terrorism forces in france arresting four people today foiling what officials call an imminent bomb plot. authorities raiding the home of

a man where they found a makeshift lab. the explosive tatp along with other bomb-making ingredients. tatp was used in the 2015 paris massacre. also the deadly attacks in brussels last year. >> bill: three weeks into the trump presidency and the white house relationship with the press is off to a contentious start, let's say. the president accusing reporters of being unfair, suggesting at some points networks are fake news. new poll numbers show how americans are split. 36% say media coverage is too tough. 31% say it's about right. 28% feel the media is not tough enough. bernie goldberg fox news contributor out of miami. it's good to have you on our program today and good morning to you. broad picture here. 35,000 feet. you think this shows how divided a country we are? how so? >> i think we're incredibly

polarized. those overall numbers are interesting. when you break it down by how democrats and how republicans see the media, then you see how really polarized we are. it turns out that 74% of republicans -- 74% think the media are too tough on donald trump but only 9% of democrats think that. the reason so few democrats think that is because the media by and large reflect their liberal values and their liberal biases. donald trump, as you said in the lead-in, bill, he has called the media dishonest and called them the opposition party. of course their supporters won't trust him. it isn't good for anybody. not good for trump and it is not good for any party. >> bill: let me come back to that whole point. trump is a different character in all this and i want you to drill down that in a moment. go back to the poll you just showed. republicans too tough 74%.

democrats 49 % say it's not tough enough n. 2009 republicans not tough enough on president obama, 65%. bottom number column on the left there. democrats about right, 66%. 18% say they are too tough. i think that makes your point, doesn't it? >> that's what i was going to say. this is no surprise. there is a rule of thumb. if you go by this rule of thumb you aren't going to go wrong whether it's this poll or some other poll or whether it's taken this week or last year, it doesn't matter. and the rule of thumb is this. republicans overwhelmingly don't trust the media. and democrats pretty much do. and it is because the media reflects the democratic values, as i say and it doesn't reflect conservative republican values. >> bill: larger point here. who wins in a battle with the media? or is trump a different figure,

bernie? >> that's a very important question. i've written several books, not to mention columns on my website about liberal bias in the media. but i've always argued that in a free country, we need a strong, credible mainstream media. people need to believe it. we don't have that. that's not good for donald trump, that's not good for liberals, that's not good for conservatives. we need to believe what they tell us and right now, bill, a big chunk of the american electorate don't. >> bill: here is my impression so far. i think donald trump is entirely comfortable engaging this way. i would dare suggest he enjoys the battle. and i don't think we've really had a figure like that before. so does that change the calculus in any way and the way

you dissect and analyze this? >> your analysis is correct. he understands very well a lot of americans don't trust the mainstream media. so he taps into that. he is trying to delegitimize the mainstream media and he is doing it with some success. people didn't like the press before donald trump. they really don't like the press now. but the press in some parts at some times is also trying to delegitimize donald trump. it is a mutual lack of admiration society and as i say, it is not good. he is different than anybody who has preceded him. he has gotten into a contentious relationship with the press, and i don't think it will go away. and i don't think any of us need this in the next four years. >> bill: i think you're right about that. i saw a gallup poll. 32% say they have trust in

media today. that's on our screen now. put a bow on this, bernie. because we've already admitted he is a different kind of character and you've said it's bad for the country, but can he when he stands at inauguration and speaking to his supporters in green bay, wisconsin, and pennsylvania, we don't know, bernie, they may be cheering him on along this process. >> they are. they are. >> bill: those are the people he is trying to communicate to directly through his tweets and message. >> i think you're right but i think it's a mistake. he needs to -- appealing to the people who support him, he doesn't have to do that. he was right when he said he could shoot somebody on fifth avenue and he wouldn't lose that support. he needs to reach out to the rest of america, to people who don't especially like him, but are willing to give him a chance. but if he is going to just appeal to his base, that's a

big mistake. >> bill: good to have you on. bernie goldberg, thank you out of miami today. thanks for coming on. see you real soon. >> melissa: the white house says president trump will honor the one china policy. the president had previously said it was up for negotiation sparking some diplomatic friction with beijing. after what is being described as a lengthy phone conversation with the chinese president, president trump has agreed to uphold it. we're reporting live from the state department. rich. >> good morning. in the phone call president trump is promising to maintain more than 40 years of u.s. policy toward china in that there is one government, one capil for china and taiwan. that government is in beijing. that's a position that is vital to chinese president jinping n. a statement released from the white house regarding the call. the two leaders discussed numerous topics and president trump agreed at the request of

the president to honor our one china policy. chinese government had been alarmed at the phone call in december with the government and president of taiwan. and one china expert says this phone call eases that tension. >> the call was extremely important to u.s./china relations because there have been questions about where this relationship would go. now that the call has been made, the president reinforced the one china policy, he has cleared out the major issue that the chinese had with him and now the chinese have to respect him and offer something in return. >> there are a host of economic and security issues the u.s. and chinese will continue to negotiate very likely as china continues its construction in the south china sea. >> melissa: we'll keep a close eye on it. >> bill: 20 minutes before the hour. fascinating tour through the

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>> melissa: scary moments during yesterday' snowstorm. a driver loses control of his s.u.v., crosses the centerline of the highway and plows straight into a house. this was in new hampshire. thankfully the folks who live there were upstairs at the time. the driver walking away with broken bones. the impact of the crash was reportedly so powerful that it shifted the house's foundation. wow. >> bill: watching that thing, whoa. okay now 17 minutes before the hour. busy week. here is your chance for a peaceful weekend. spiritual guru and author deepak chopra has a best seller, you are the universe.

discovering your cosmic self and why it matters. he is a pioneer in integrative medicine and personal transformation. great to see you. thank you for being here. talking about your book in a moment to give us a sense what you are trying to communicate here. i know you are a fan of universal healthcare. i don't necessarily think you are a fan of obamacare the way it has been carried out. i don't think you are a fan of repeal and replace or repair or whatever form that is. how do you think we are doing it right or perhaps incorrectly right now? >> we're doing it incorrectly. what we call healthcare reform is not healthcare reform. it is insurance reform. of course, everyone needs in some shape or form affordable healthcare, no question about that. but we have to go deeper. and that is most of our efforts in healthcare are in treating

sickness when we now know that only 5% of disease-related gene mutations are fully pen trant which means 95% of chronic illness is somehow related to your lifestyle. sleep, meditation, exercise, healthy emotions, not the kind of strident emotions we're seeing in our political climate right now and good nutrition and connection with nature. and we will have a different definition of healthcare. >> bill: do you think anyone in this world has done it right? >> some people are doing it right individually on a social level. >> bill: not a government system. >> not a government system, no. the government system always emphasizes sickness. it is not healthcare. sickness is important but as we go into the future, we are going to see that medicine is going to be precise,

predictable, preventable, process-oriented and participatory. we all have to be involved. >> bill: you are the universe, i'm reading through this. normally when we talk about the universe, cosmic matters, let's say, we talk about what is out there and what we don't know or what we don't understand. your message here is that the world, the universe, all of it actually consists right in front of you. explain that. >> right this moment in your awareness, in your consciousness, in your being, you are experiencing sensations, sense perceptions, images, feelings, thoughts, emotions, period. this is my mind, and my body. that's a universe, this is the government. that's a human story. go beyond all the perspectives, even political right now. go beyond all that and you find a domain which is pure

creativity, pure intelligence, love, compassion, joy >> bill: if i buy into what you're telling me now, how does that make my life better and make me a better person? >> if you go deeper than yourself then very naturally without having to actually follow the so-called rules and regulations of life you will have love, compassion, joy, healing. you will encounter truth, goodness, beauty, harmony, all of it because every child that is born, you know, they say every child that is born is proof that god has not yet given up on human beings. so you want to go back to that original state before it got contaminated by opinion. >> bill: how long will it take me to get there? [laughter] >> not today. >> bill: "you are the universe."

great to see you. that's our challenge. >> melissa: you have all weekend to work on it. there you go. take the book with you and we'll see you monday, it will be great. "happening now" is up next. jon scott, what do you have on deck? >> we're awaiting the swearing in of tom price to be the new health and human services secretary and looking for clues as to his plans for replacing obamacare. also what about medicare? we're also awaiting a joint news conference with the japanese prime minister and president trump from the white house as the relationship between the trump administration continues to deteriorate, our media panel weighs in on that. all ahead "happening now." >> melissa: i can't wait for it. i also can't wait for an orange alligator. that's what we have coming up. take a look at this. how did this happen? it's a reptile riddle in the palmetto state.

[car engine failing to start] [clicking of ignition] uh-- wha-- woof! eeh-- woof! wuh-- [silence] [engine roars to life] [dog howls] ♪ dramatic opera music swells from radio ♪

[howling continues]

>> bill: this guy caught our eye. strange looking alligator raising eyebrows. spotted near a pound in south carolina looking orange. >> melissa: is that real? >> bill: experts are telling us where the animal takes shelter there might be a rusty culvert pipe. >> melissa: oh, okay. >> bill: does that make sense to you? they say the gator will probably shed its skin and return to a normal shade sometime soon. in the meantime he is the coolest kid in the pond. >> melissa: very cool, very cool. i love it, yeah. i like that a lot. we should check him out. >> bill: i think he might be a clemson fan. go orange. >> melissa: all right. so there are at least 28 right

to work states in the u.s. with missouri joining the list this week. now a landmark lawsuit could extend those rights to the rest of the country. matt finn is live in chicago with more on this one. break it down for us. >> right to work laws make it illegal to force a worker into paying union fees. it is a movement gaining a lot of momentum around the country and soon could become the law of the land. >> mark is one of tens of thousands of illinois state employees but a lawsuit bearing his name could soon impact about 20 million government employees nationwide. >> this is not a choice. this is mandated. i have to do this. and i don't agree with it. >> under illinois law he is forced to pay a fair share fee to a union. >> they are forced to pay these dues. >> employees who opt out of a union like mark and two other workers fighting in this case are still required to pay a

fair share fee that he masses to tens of millions of dollars. used towards the unions collective bargaining but more controversial the political candidate it supports. something mark strongly disagrees with. >> it is like why don't you give us a choice here? isn't that what america is all about? >> unions argue they negotiate better wages and healthcare for all employees so the fair share fee is a small price to ask. >> some fees to cover those representational costs is imminently reasonable and rational. >> mark's lawsuit is headed to an appeal's court that could -- if he loses his lawyers plan fortake the case to the supreme court where president' trump's recent nominee is expected the restore the 5-4 split between conservatives and liberals. if the supreme court rules in favor of the plaintiffs it could greatly diminish the power of unions forever.

>> this decision would make all of the country right to work. >> this case is taking place here in illinois which is not a right to work state but is surrounded by right to work states. there is also currently a bill in the new hampshire house to make that state right to work. a lot of eyes on this case which could change everything, melissa. >> melissa: we'll keep a watch on it. thank you so much, matt. >> bill: we are awaiting tom price to be sworn in as the next secretary of health and human services. going to happen at the white house there. we'll drop in and show it to you when it begins. don't move on that and also big press conference coming up today we'll carry it live. a quick commercial break and we're back in a moment right here in "america's newsroom." t t bedrock, ours. freedom has made america exceptional, but it can only last if you and i choose to act as people of character.

forging character has been the pursuit of hillsdale college since 1844. ♪

companies across the state are york sgrowing the economy,otion. with the help of the lowest taxes in decades, a talented workforce, and world-class innovations. like in plattsburgh, where the most advanced transportation is already en route. and in corning, where the future is materializing. let us help grow your company's tomorrow - today at esd.ny.gov >> just want to share with you what we get here on betsy devos. apparently she showed up at a school in washington, d.c., a moment ago and this seems to be

habit-forming. you can watch on the video. at the protesters gotta love them. just hang on a moment here. i count one, two, three, maybe half a dozen. it's not great and numbers. at the larger point to be made in all this -- we are seeing the left react to this administration and they've done it with force. we talk about this crowd out in utah. jason chaffetz at a town hall, about 13,000 people showed up and i'm told about 90% of the people were opposed to donald trump, opposed to republicans. the bigger point to be made in all of this is at the left has found a cause to react and to protest and now we are seeing it play out in all the country.

>> this whole protesting is an occupation now. are they paid in some instances? that's the flip side of all this. >> just keep an eye on it, will let you know when we get it. great to be with you. enjoy the snow. bye-bye. ♪ >> jon: on this friday morning, president trump and his administration regrouping now after losing another round iranl ban, but the good news for them, they won around and send it the overnight confirmation with his choice in health and human services. >> jenna: sometimes victories come in the early morning hours. hi everybody, i'm jenna lee. at the ninth circuit