furlough himself until the end of his term, 15 months from now. paul: all right. thanks to my panel and thanks to all of you for of watching. i'm paul gigot, hope to see you right here next week. ♪ ♪ eric: our nation mourning and honoring a giant of jurisprudence as we remember the life and legacy of supreme court justice ruth bader ginsburg. after serving 27 years on the nation's highest court, the cultural and feminist icon died yesterday at her home in washington d.c. she was surrounded but her family. the justice was 87 years old. this is "america's news headquarters." hello, everyone, i'm eric shawn. hi, arkansas this. arthel: hi, eric. i'm arthel neville. justice ginsburg is remembered for breaking the glass ceiling

for women's rights and for being a champion of gender equality. she leaves behind a vacant seat in the supreme court which has set off a political frenzy as president trump pushes to fill it with less than seven weeks left before election day. we have live fox tam coverage. chad pergram has details on congress' plans to vote on a nominee, kevin corke is at the white house with more on the next steps for the president. hillary vaughn is in wilmington, delaware, where the biden/harris campaign is reacting to it all. but first, to david spunt live outside the supreme court building now where mourners have been gathering all day. david? >> reporter: hi, arthel. normally when people come to the supreme court outside, there's usually some kind of demonstration, some kind of protest, you hear megaphones. not the case right now honoring the late justice ruth bader ginsburg. many people have a somber tone, i'd say well over a few thousand people have been here, we found

out about her about 7:30, 8:00 last are night, and i'm told the normally white concrete steps are now covered with flowers and other momentos to give it some color to honor justice guns burg's life. -- guns burg's life. one person i spoke with was delegate eleanor if holmes norton. she especiallies d.c. in congress, and she tells me she had known justice ginsburg for decades. will be. >> oh, 50 years ago. when i -- i mean, i volunteeredded before this court myself, and i met her before she was ever even on this court, when she was a warrior like me except a much better one. [laughter] one that would go all the huawei to the supreme court of the united states. -- all the way to the supreme court of the united states. >> reporter: she turned out to be the second woman to serve on the supreme court after sandra day o'connor, and everyone that knew justice ginsburg told you she cared deeply about her work.

aides would bring her briefing books in the hospital room, also a because of covid-19 things at the supreme court have gone virtual, i should say, a lot of teleconference opinions, a lot of teleconference oral arguments. justice ginsburg regularly chimed in on those calls, and just recently a few weeks ago, arthel, she was seen officiating a wedding. there's a picture of her online looking very pleasant, officiating a wedding for some family friends. arthel? arthel: what a warrior. david spunts, thank you. eric? eric: the focus now shifts to capitol hill after senate majority leader mitch mcconnell said he will move forward now with a trump supreme court nominee and get that to a floor if vote. in the spotlight for whether they will approve that or try and block those efforts are some senate republicans up for re-election in close races. they include susan collins of maine, cory gardner of colorado

and martha mcsally of arizona. congressional correspondent chad pergram live on capitol hill with the latest reaction from there. people saying we can expect a confirmation here potentially before election day, chadsome. >> reporter: we just don't know the timing here. we're getting some hand signals that we think the senate majority leader, mitch mcconnell, and certainly the president will hit the gas pedal to try to move this through as quickly as possible. usually takes about 40 days from the time you actually sented a nomination to capitol hill before the supreme court and then about 67-70 days before you get a vote on the senate floor. so that would put a vote, you know, probably in lawsuit november, maybe early december. -- late november. if there is pressure to try to step this up, remember a lot of senators on both sides of the aisle, they view a supreme court nomination as the most hallowed responsibility they have as providing advice and consent. this is a life time appointment, and they're not going to like

somebody breathing down their necks saying, hey, step this up. that's going to be a problem. keep your eye on three senators who could be key votes. again, the math in the senate is 53 republicans, 47 democrats. you mentioned lisa murkowski from alaska, susan collins of maine and mitt romney of utah would be somebody to watch as well. remember that lisa murkowski, she was the only republican senator from a technical standpoint to oppose the nomination of brett kavanaugh in 2018, eric. eric: definitely have to see how this shakes out. mean while, a lot of controversy, as you know, chad, over the senate majority leader. he held off even holding hearings for president obama's pick for supreme court justice merrick garland back in 2016 when antonin scalia died. that was nine months before the 2016 election. mr. mcconnell and others, including lindsey graham, saying at the time you can't have a nomination process during an election year, but, man, oh, man, when you get into power,

it's a different tone. >> reporter: yeah and mitch mcconnell says, look, this is a republican senate, a republican president, therefore, we should go ahead with this nomination. it was different, obviously, a republican senate in 2016 and a democratic president in barack obama. but this is the long memory that democrats have. they think that merrick garland who was ultimately president obama's nominee was treated very badly by the senate, they thought that was a veried bad press tent to set, and that's why dianne feinstein fired off a letter to lindsey graham today saying you cannot have two sets of rules. and keep in mind lindsey graham will be asked to escort, to shepherd this nominee through the confirmation process. at the same time, he is facing an increasingly competitive senate race against jamie harrison, the democratic nominee in south carolina. eric: and, of course, the senator has said that he is for this and will push to get this done before the election. meanwhile, senator schumer on a

conference call at 1:00 this afternoon said everything's on the table. but for the democrats and republicans, if they -- can democrats play out the clock? can this, a nominee, can this whole process filibustered? >> reporter: no, they can't really filibuster a nominee, what he was referring to is he might try to get rid of the legislative filibuster, but you cannot filibuster a supreme court nominee, and here's why: mitch mcconnell saw the writing on the wall after the merrick garland experience. he knew senate democrats were going to try to filibuster neil gorsuch in 2017, so he lowered the threshold from 60 votes down to 51 votes. never before had a supreme court nominee faced a filibuster. it was always a tradition not to filly birth a supreme court nominee, but if you have 51

votes, you're going to be confirmed. eric: all right. and fdr, of course, famously tried to pack the court. chad pergram on capitol hill, as always, thank you. arthel: yeah, and president trump will be front and center in all of this, eric, and he will soon depart the white house for a rally in north carolina. after tweeting his reaction to the death of justice ruth bader ginsburg. kevin corke is live at the white house with more. hi, kevin. >> reporter: afternoon, arthel. nice to be with you. by any measure, the life and legacy of justice ruth bader ginsburg is undeniably unique in the annals of jurisprudence. in fact, the president said as much, let me share part of a statement. but understand this, the adulation will, no doubt, give way to speculation as everyone wants to know not only who the president will select as a potential replacement for the recently departed justice ginsburg, but people will want to know when, when is he going to go ahead and move forward here as you see a live shot of

the white house, you see the flag atop the building at half staff. let me share part of that statement i told you about, the president said this about ruth bader ginsburg. he said she was a fighter til the end, she battled cancer and other very long odds throughout her remarkable life. our thoughts and prayers are with the ginsburg family and their loved ones during this difficult time. may her memory be a great and magnificent blessing to the world. here's white house press secretary kayleigh mcenany. >> she paved the way. and i remember you always paid a little bit closer attention when it was a scalia dissent, when it was a ginsburg dissent. these people left their legacy on the court. ruth bader ginsburg notably going to law school, her husband gets cancer, she's raising a 3-year-old with, on the law review. she really paved the withdraw. she's made a place in american history that will never be forgotten. >> reporter: justice ginsburg, as you know, often a foil against the trump administration

in some of the big decisions on the high court, and yet for all of the adulation, as i mentioned, a lot of people now are going to be saying should we go forward, should we not go forward. what will the white house do? well, here's chuck schumer's thought on this. last night he said this on twitter, he said: the american people should have a voice in the selection of their next supreme court justice. therefore, this vacancy should not be filled until we have a new president. of course, referring to the election coming up in 45 days. by the way, the president could still be the president we have. keep this in mind, let me share something he said back in 2016, and you see how people have sort of changed their tune. back then he said attention, gop, senate has confirmed 17 supreme court justices in presidential election years, hashtag do your job. you're going to see a lot of that back and forth between what we saw then and what we're hearing to the, and that's on both sides of the political aisle. also today we learned, arthel,

of a suspicious letter sent to the president. that letter was intercepted, but we're told it may have had a material that could have been harmful to the president. some people are reporting that it was ricin. i have not been able to lock that down as we continue our investigation here and our sourcing and trying to make phone calls to pick that up. but i can shower an fbi statement -- share an fbi statement, they said this, the fbi and our u.s. secret service and u.s. postal inspection service partners are investing a suspicious letter received at a u.s. government mail facility at this time. there is no known threat to public safety. again, we're chasing that down, the unconfirmed reports that it was ricin. as soon as i get confirmation, i'll be soon to pass that along, but for now, back to you. arthel: thankfully, the fbi and secret service are on top of their game. >> reporter: indeed. arthel: kevin corke, thank you. hillary vaughn is in wilmington, delaware, with the latest reaction from joe biden and his

running mate, senator kamala harris. hillary? >> reporter: arthel, well, early voting is underway in several states already, but today now voters are not only taking a person to be president for the next four years, they're also picking the person who could potentially fill a lifetime appointment to the highest court in the nation. the vice presidential nominee, kamala harris, is in d.c. today. she stopped by the supreme court to pay her respects to the late justice gibbs burg, but biden -- ginsburg, but biden is in wilmington today. his campaign called the lid at 8:35 this morning but also blasted off a fundraising e-mail asking for donations saying this: to make sure when the time comes president joe biden can appoint a justice the, click below with your donation of $25 to help us win the white house. last night biden made the case that the vacancy on the supreme court shouldn't be filled by president trump and a republican senate right now, but instead by

voters in november. >> the voters should pick the president, and the president should pick the justice for the senate to consider. this was the position the republican senate took in 2016 when there were almost ten months to go before the election. >> reporter: but that difference in what biden thought in 2016 when he didn't agree with the senate's call to hold off where he rejected what the republicans called the biden rule when then-senator biden said in 1992 he thought a supreme court vacancy should not be filled by a president in an election year. >> every nominee, including justice kennedy, in an election year got an up and down vote. not much of the time, not most of the time, every single

solitary time. so now i hear all this talk about the biden rule. it's, frankly, ridiculous. there is no biden rule. it doesn't exist. >> reporter: and, arthel, we do have an idea of what biden is looking for in a potential supreme court nominee. it's going to make history. he wants to appoint the first african-american woman to the supreme court. we're also learning that he does have or is putting together a list of names of potential picks, at least he was back in june, but he still has not released that list like president trump has done. arthel: hillary vaughn, thank you very much. eric? eric: the former vice president has joined in a warning from democratic senators who are on the judiciary committee. they have sent chairman lindsey graham a plea to wait until after the election, saying in part, quote: there cannot be one set of rules for a republican president and one set for a democratic president.

and considering a nominee before the next inauguration would be wholly inappropriate, they say. so what can we expect? or "wall street journal" supreme court correspondent, jess pravin joins me now. she was a trailblazer and a pop culture icon in her own right, notorious rbg. what do you see coming? you have warned about a bitter fight. what are the next few weeks going to be like? >> well, we're going to see an eight-member supreme court like we did back in 2016 when justice scalia died. for the court, the dynamic is going to change very significantly because you're going to have emergency applications involving the election, pandemic beginning to come in, so something's going to happen directly on the supreme court where the conservatives will have a much stronger hand than they dud before. looking at the bigger picture of filling her seat, it's interesting that the senate has its timelines for how it is

supposed to proceed along with a supreme court nomination, how many weeks there are for an fbi background check, questionnaires the nominee has to put in, and so somewhat different from the merrick garland situation in march of 2016, it seems extremely unlikely, you know, as the report said, you could have all that done and a vote prior to the election. so we do have this prospect of a lame duck senate voting on a nominee. the interesting thing is what would happen if the democrats were to take the senate and white house in that election, but the republicans still had power for two, two and a half more months. the congress goes through january 3rd and, of course, the president through january 20th. then you really are upping the ante for the democrats who can, if they really use that kind of muscle if the voters give it to them, to do some radical things such as increasing the number of seats on the supreme court to give the new president enough

appoint if tees to outvote the conservative majority that will be are there following confirmation of a trump nominee. that would be a historical change of supreme courts' had nine members -- supreme court's had nine members since the middle of the century. so there could be very, very dramatic changes if the parties go brass knuckles all the way to the end. eric: you are really laying out an astounding and dramatic scenario for the next few weeks and couple of months. it seems that both sides, i mean, they've got the baseball bats, the brass knuckles, they've got everything ready. how do they recover from this, is that even possible, or it'll just be straight down party lines if, indeed, the president gets his nominee process started? >> well, you know, basically the sort of traditions and courtesies about how these nominations were handled, the effort to assemble a kind of a broad consensus behind any

nominee, that's all gone. that's all ancient history now. i mean, remember that justice ginsburg was confirmed by a vote of about 97 senators even though she had a very clear record as a leader of the aclu women's rights project, but she was respected as a lawyer, and president clinton got his, got his choice. you know, justice antonin scalia a few years earlier was confirmed unanimously by a democratic majority senate. that's all gone. now it is the partisanship and the ideology takes first row in these disputes, and while some people may be pleased about it, i really think on one level there isn't a single justice of the court who's happy about it, because the more they look like just another iteration of politics, the less they seem like a judicial institution, and the less respect they have, you know, from the public and from the people who depend on their

decisions. so -- go ahead. eric: i was just going to point out, finally, you just mentioned -- you hit something on the head, that she is going to be very well known for the friendship, and you mentioned scalia. the friendship that she had with scalia. you got the lineup right behind you in your office, your work space. how did they get along with each other? she had this famous friendship with him, opposite ends of the spectrum. went to opera together, went on vacation together, here they are both dissing their friendship just a while ago. >> you've both been great buddies for a long time now, but when did you meet, and what were the circumstances -- >> he doesn't know. [laughter] >> yes. we agree on a whole lot of stuff, we do. ruth is really bad only on the knee-jerk stuff. [laughter] >> i was listening to him and

disagreeing with a good part of what he said but thought he said it in an absolutely captivating way. [laughter] >> i think we should leave it at that. eric: do you think that can be recaptured? >> well, i think on the court it still is there, to a degree. justice ginsburg went out of her way to praise justice kavanaugh for suring all women clerks in his first year on the supreme court. justice calf gnawing brought his -- kavanaugh brought his daughters to meet justice ginsburg and has a photo of them together. so this sort of collegiality exists, and whatever social relationships there are on the supreme court don't really track the ideological lines. so i think on the court there will be an effort to preserve that. it'll certainly be tested in the months ahead. eric: it'll be tested, certainly, and certainly in the weeks ahead, and you'll be on it. jess bravin, thanks so much.

>> my pleasure. arthel: eric, thank you. ahead, we hook at what history has told us when it comes to presidents filling supreme court vacancies, something now front and center as we close in on six weeks to election day. safe drivers save 40%!!! guys! guys! check it out. safe drivers save 40%!!! safe drivers save 40%! safe drivers save 40%!!! that's safe drivers save 40%. it is, that's safe drivers save 40%. - he's right there. - it's him! he's here. he's right here. - hi! - hi. hey! - that's totally him. - it's him! that's totally the guy. safe drivers do save 40%. click or call for a quote today. safe drivers do save 40%. and mine's unlisted..

try boost® high protein... -with 20 grams of protein for muscle health- -versus only 16 grams in ensure® high protein. and now enjoy boost® high protein in new café mocha flavor.

♪ here? nah. ♪ here? nope. ♪ here. ♪ when the middle of nowhere... is somewhere. the all-new chevy trailblazer. ♪

♪

♪ arthel: with just a little more than six weeks until election day, the passing of supreme court justice ruth bader ginsburg is expected to have a major impact on the presidential race. confirming a new supreme court justice in ab election year is not without precedent, some half dozen presidents have done so. let's bring in the president of the constitutional accountability center, and and elizabeth, i want to walk through this year now for this presidential election, the stakes just got higher with voting already underway in some states, as you know, and, you know, 44 days until election day. and given just four short years ago, senator mcconnell refused to consider president obama's nominee ten months before election day, saying president trump's nominee will get a vote this year. does this present any risks for republicans? >> yes, thank you. i think it absolutely does. you know, the supreme court, the

nomination process for a justice is inherently political in that the nominee is named by the president, confirmed by the senate who are elected by the people, but the legitimacy of the court -- which is something that chief justice john roberts has been incredibly concerned about -- that's something that should be nonpartisan. so it's really important that we have standards when it comes to putting justices on the highest court in the land. because legitimacy of the court and the important work that it does is at stalk, and here -- is at stake. and here not only is election day just a few weeks away, but the election is already here in a lot of states. people are already casting their ballots. and with the death of justice ginsburg who was such an icon, so reveered by so many people across this country, the eyes of the nation truly are on this vacancy and what could become of this nomination process. and so with the nation watching

so closely, with voters already going to the polls, the court truly is on the ballot. and that will be a motivating factor for voters from across the ideological spectrum, particularly when you think about justice ginsburg as a crucial vote on the court on high profile issues such as abortion rights, preserving the affordable care act and protections for pre-existing conditions, voting rights. and, you know, particularly for senators like senator collins, senator gardner who are in tight races where there are a lot of support for abortion rights and the aca among their constituents, this is really a position where they have to be really careful about the way they address this vacancy. arthel: speaking of senator collins of maine, i actually have a statement from her coming in right now regarding the supreme court pick to fill justice guns burg's -- ginsburg's vacant spot.

she says given the proximity of the presidential election, however, i do not believe that the senate should vote on the too nominee prior to the election in fairness to the american people who will either be reelecting the president or selecting a new one, the discussion of a lifetime -- decision of a lifetime appointment to the supreme court should be made by the president who is elected on november 3rd. elizabeth, how does this change the calculus? >> well, i think that that fits with what was the practice in 2016, the last time we went through this. and, you know, obviously there has been historical precedent the other way, but given that i we just had such clear statements including from people like senator collins back then, it does, i think, booster the legitimacy of the i eventual appointment. arthel: wait, wait, wait. elizabeth, i don't follow you. what are you telling me? you just had a really pivotal statement that i read here from susan collins saying that, hey,

guys, don't count me if. if you do take this to a vote on the senate floor, don't count me in. i think whoever is the president come november 3rd or a few weeks or so after that once it is finally, the votes are allal tallied, that that person who is elected whether it's president trump or if it's going to be a president biden, that person should be the person to decide on the next supreme court justice. and also an interview with an alaska public media outlet that happened just friday, this is before justice ginsburg passed, senator lisa murkowski of alaska, she said that another consistent, as you know, she said that she would not vote to confirm, she would not vote to confirm a justice before the election either. so now we're waiting to hear from mitt romney. so, you know, listen, this is very crucial. there's no guarantee that the republicans have the votes that they may need, that mcconnell may need to push this through. >> right. arthel: so given all that too, what should democrats do as well

at this pivotal point? >> well, i think democrats will say that, you know, the republican position in 2016 was that the next president should nominate the supreme court justice, and, you know, that seems to be what senator collins and senator more cow ask sky are saying this time based on that statement that you just read -- murkowski. and i think that given the closeness with which the voters are watching this election, i think that's an important position for those particular senators to take, and it does mean that it makes it harder for mitch mcconnell to get through a nominee. and i would also point out that, you know, the process for getting someone onto the bench is complicated and takes a while. and whether we have enough timed to do that legitimately and adequately before the election is an entirely separate matter. but it sounds like from senator collins that mitch mcconnell might not have the votes anyway. and for the good of the legitimacy of the court given that there's an election underway, that does seem to be the appropriate route to take.

arthel: and on the minds of voters could be the dying bush of justice ginsburg -- wish is that i will not be replaced until a new president is installed. elizabeth, thank you very much for joining us. we're going to take a short break. we'll be right back. look limu! someone out there needs help customizing their car insurance with liberty mutual, so they only pay for what they need. false alarm. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ eh, not enough fiber... chocolate would be good... snacking should be sweet and simple. the delicious taste of glucerna gives you the sweetness you crave while helping you manage your blood sugar. with nutrients to help support immune health.

i'm a taing dog. the other issue. oh...i'm scratching like crazy. you've got some allergic itch with skin inflammation. apoquel can work on that itch in as little as 4 hours,

whether it's a new or chronic problem. and apoquel's treated over 8 million dogs. nice. and...the talking dog thing? is it bothering you? no...itching like a dog is bothering me. until dogs can speak for themselves, you have to. when allergic itch is a problem, ask for apoquel. apoquel is for the control of itch associated with allergic dermatitis and the control of atopic dermatitis in dogs. do not use apoquel in dogs less than 12 months old or those with serious infections. apoquel may increase the chance of developing serious infections and may cause existing parasitic skin infestations or pre-existing cancers to worsen. do not use in breeding, pregnant, or lactating dogs. most common side effects are vomiting and diarrhea. feeling better? i'm speechless. thanks for the apoquel. aw...that's what friends are for. ask your veterinarian for apoquel next to you, apoquel is a dog's best friend.

♪ ♪ arthel: president trump will be leaving the white house in less than an hour, a little less than an hour. he's going to be heading to fayetteville, north carolina, for a campaign rally tonight. thousands of people are expected to attend. griff jenkins is there now, and if i can see his shot? there he is. griff, so you've got a lot of people behind you. unit see a lot of masks earlier, and you, my friend, should be careful, because you were talking to some of those crowd-goers with no mask. is so what's happening there, griff? >> reporter: hey, arthel. yeah, there are a lot of people

turning out, and there aren't a lot of people wearing masks. keeping that 6 foot distance as well as we can. got a mask in my pocket for when it gets really packed. this is the president's fourth visit this year to the tar heel state, the third in the last 30 days compared to joe biden's one visit back in february. and this is turning into an unbelievable battleground state. let me show you the real clear politics average from a year ago, arthel. biden led this state by 7.6 percentage points. today it's 0.9, less than 1 point. now, that's unbelievable, and what you're going to hear the president, we expect, talk about will be the economy, law and order and jobs. in particular, we expect him to say that he saved some 1.2 million north carolina jobs added in the last four months some 266,000. we hit main street earlier with, arthel, and talked to a local guy that works in a restaurant

named zac, and jobs were on his mind. 40 here's what he had to say, take a listen. >> i think the economy's really weak right now. he's somebody who knows it, and so i feel that in that regard we have somebody in who knows how we've been dealing with this, and we've already had one stimulus bailout for people and for the businesses, and so leaning in that direction, i think, going forward is the best thing. >> reporter: i also asked zac if he felt like the passing of justice ginsburg would impact the election and how he felt about the president nominating someone else to the supreme court. he said he hoped that the president would wait out of respect for justice ginsburg, so we'll have to wait and see. most of the people here though, however, obviously hope to hear the president talk about a possible nomination tonight. arthel? arthel: griff jenkins, stay safe out there, my friend. thank you. eric? eric: arthel from north carolina let's go down south just a little bit to florida. you know, recent polls there in

the sunshine state show president trump and democratic nominee joe biden are in a dead heat in that swing state. take a look at this nbc poll, president trump up by 1 point among likely voters. some i say it's a must win for its bounty of 29 electoral college votes. and antonio finn, politics editor at the palm beach post, i'm sure, knows mr. trump very well. the president has spent a rot of time -- a lot of time there in your town, what do you see on the ground? >> the same thing, it's very evenly divided, but it's still up for grabs. and interesting, a lot of these polls that they talk about, you know, there's -- depending on who's above, who's leading who, they're all within, you know, the margin of error. but interesting is when you look at the undecided voters, it ranges between 3-5%. it doesn't sound like a lot, but if you think about 2016 and close to 10 million people

voted, 3%, that's about 300,000 vote es. the president took florida in 2016 by 112,000 votes. is so it's still very much up for grabs. eric: yeah, took it by 1.2%. who are those undecided voters? what do you see in terms of the group that has not yet decided? >> well, i think what you're seeing is florida is very interesting in the breakdown is almost evenly a third, a third, a third, republicans, democrats and non-affiliated, people that are independents with a lower case u. and those are -- case i. and those are the swing voters now even within those groups you do have the latinos. our focus this week has really been puerto ricans who may end up being the swing vote in this election, particularly those in the central part of the state. but seniors are another big group. even military have the irans and that their families -- veterans and their a families have been a constituency in the corner of

the republican candidate. this year they may be switching sides. eric: are you talking about the pert' e can vote -- puerto rican vote, obviously, the presidented had that multi-million dollar package some say aimed toward them. the latino vote in florida is different than, say, texas which is more primarily mexican or central american. you've got venezuelans, snuck rag wans -- nicaraguans, you've got people who fled from socialist countries, and that theme by the president has really resonated with that group. >> well, and particularly with cuban-americans which is one of the biggest group among the hispanics. and there it's not just, you know, talk the talk about socia, it comes down to policy. cuban-americans draw a very clear line between practical engagement which allows them to help family and loved ones back in cuba and engagement that goes beyond that to basically

legitimize or validate, you know, the post-castro regime in havana. and if you go back to, you know, the obama administration and what they did there and particularly, you know, former president obama's trip to cuba where he went to a baseball game with raul castro, that really just kid not go well, those images did not go well in miami. and, you know, so after, after trump won, you know, he has really courted the cuban-american vote. and by rolling back a lot of the obama-cuba engagement policy, he's likely to be very well rewarded because all the polls do show that the cuban-american vote is solidly on his side. the pert' e cans, you know, are basically up in the air, and there was a bid by both biden and trump to try to court that vote in the last two weeks. eric: and finally, i won't put you on the spot, but i'll put outon the spot. any sense who right now has the edge? >> i think it really very much

is a toss-up, but i think the deciding issue is going to end up being the economy/pandemic. that's where i think in the next six weeks you're going to see if, in fact, you don't see another spike like we saw in this state in the fall -- sorry, in the summer, we don't see that in the fall, i think that's going to be to the president's advantage. if there is a spike and you do see what we saw in the summer where you had to go back and roll back some of the openings geographically in some industry sectors, definitely that's going to help mr. biden. i really do believe it is a toss-up at this point. eric: all right. we'll be watching carefully. antonio fins of the palm beach post, thanks for joining us. >> nut. arthel: vivid myrrh -- vladimir putin one of his harshest critics after being poisoned weeks ago, now back on his feet. whatat he's vowing to do now.

♪ [ engines revving ] ♪ ♪ it's amazing to see them in the wild like th-- shhh. for those who were born to ride, there's progressive. you try to stay ahead of the but scrubbing still takes time. now there's powerwash dish spray it's the faster way to clean as you go just spray, wipe and rinse it cleans grease five times faster dawn powerwash. spray, wipe, rinse.

♪ ♪ arthel: as a russian opposition leader can walk again, he posts this photo on instagram saying he is recovering verbal and physical abilities. he is, he's been hospitalized, as you know, in germany for about a month after a suspected poisoning. let's las bring in garry kaspar. it's my understanding, navalny is planning to return to russia basically and kind of pick up where he left off eventually. would that be the right move, and how would putin respond to his defiance? >> i'm a bit surprised that you called it suspected poisoning. it was confirmed it was a russian chemical weapon. french labs confirmed it,

swedish lab confirmed it. it's no longer suspected. we can still speculate whether it was a direct order or just nodded by some of the cronies who suggested this attempted murder, but only the russian state could manipulate such an operation using this chemical weapon and having the infrastructure to organize it properly. and great news navalny's out of coma and talking again, even walking. but at this point we should just recognize that for the free world, continuing to do business as usual with putin's regime, he'll be dead upon arrival. i oppose his statement that he would like to come back -- applaud that he would like to come back to russia, but it's a very risky move because there's no guarantee that putin and all his cronies would not try to finish navalny off. because so far the free world failed to make a strong

response, and that gave putin a license to kill. and it's clearly, he's clearly not afraid to use it. arthel: and you're right, it was not a suspected poisoning, he was poisoned, and i should have caught that in the script, my apologies for that. listen, clearly putin sees him as a formidable threat. so does this attempted astatus nation and navalny's return to russia, does it impact putin's pursuit to stay in office until 2036 under constitutional changes approved this year, and what do the russian people make of all of this? >> look, the date you mentioned, 2036, is just now another date on putin's calendar. it has nothing to do with his real time in the office, because dictators could pretend that they would stay forever, but, you know, everything looks good on sunday, then monday morning things change. and putin understands that the real threat doesn't come from

the election charade. it's all a fake -- arthel: what's the threat? that's my point, what power, what power do the people of russia have though, do you think? >> it's, it's purely to say that you look at the russian parties, putin's regime -- they're still protesting against the arrest of their governor who was taken to moscow on some very shady charges. but most important is belarus, it's the russian western neighbor. and people in belarus turned down their dictator at another fake elections, but almost 80% of them voted him down. and now every weekend hundreds of thousands of people in belarus are on the streets, and it's quite close to moscow, and putin recognizes that anyone who has an ability to rally people on the streets of russia and

navalny has 40 million followers on twitter, instagram and social media, that could be very dangerous. a couple of russian nationalists have been killed recently, probably for the same reason. arthel: listen, i have to go, but i see your point about having the neighbors next door there in belarus saying, listen, we're sick of it, so perhaps that'll galvanize people of russia. not sure. we'll get you back because i know you have a personal story to share about mr. putin as well. we'll talk to you about that. garry kasparov, thank you very much. appreciate your time. >> thank you for having me. arthel: absolutely. eric. eric: garry kasparov and the human rights foundation, they do fabulous work. well, the hurricane has pass ld, but the cleanup far from over. we'll take you down to the gulf coast after hurricane sally blew through that area earlier this week.

usaa who've got their eczema under control. with less eczema, you can show more skin. so roll up those sleeves. and help heal your skin from within with dupixent. dupixent is the first treatment of its kind that continuously treats moderate-to-severe eczema, or atopic dermatitis, even between flare ups. dupixent is a biologic, and not a cream or steroid. many people taking dupixent saw clear or almost clear skin, and, had significantly less itch. don't use if you're allergic to dupixent.

serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. so help heal your skin from within, and talk to your eczema specialist about dupixent. if your financial situation has changed, we may be able to help.

eric: clean-up efforts are ongoing in the gulf coast after hurricane sally brought heavy rain across the region. charles a watson live in is seminole, alabama, with the very latest. hi, charles. >> reporter: hey, eric. today is really the first day that neighbors in this neighborhood have been able to get back into their properties, begin to clean up and start

assessing the damage caused by hurricane sally. folks over here have been working throughout the day, they've been pulling out sheet rock, furniture, wood ruined after of the river behind this home sent water gushing. you can see a lot of the debris that has washed up in this wooded area, you can even see someone's deep freezer. luckily, you know, folks have been able to get through it. you can see some of the cell phone video, what it looked like out here about 4 feet of water just gushing through this naked and covering any surface. and, obviously, you can hear the generators out here. a lot of folks are still without power, but they're hoping to restore power in the next few days. eric: wow. >> reporter: eric? eric: all right, charles, thank you so much. a lot more news so you can live . i'm good at my condo.

well planned, well invested, well protected. voya. be confident to and through retirement. omnipod delivers insulin through a discreet waterproof pod... to help simplify life. no more daily injections. it's game-changing. and the wireless controller helps deliver the right amount of insulin. plus take your insulin anywhere with a small tubeless pod. covered by most insurance plans. get started with a benefits check today. go to omnipod.com for risk information and instructions for use. consult your healthcare provider before starting on omnipod. simplify diabetes. simplify life. omnipod.

to stir that fire, university of phoenix is awarding up to one million dollars in scholarships through this month. see what scholarship you qualify for at phoenix.edu.

the lack of controlp whenover my business kai, made me a little intense. but now quickbooks helps me get paid, manage cash flow, and run payroll.

and now i'm back on top... with koala kai. save over 30 hours a month with intuit quickbooks. they will, but with accident forgiveness allstate won't raise your rates just because of an accident. cut! is that good? no you were talking about allstate and... i just... when i... accident forgiveness from allstate. click or call for a quote today. ♪ arthel: today the nation is remembering the life of supreme court justice ruth bader ginsburg who died yesterday after a long battle with cancer. she was 87. but justice ginsburg's legacy as a champion of gender equality lives on in the history of our nation's highest courts. hello everyone. welcome to america's news headquarters. i'm arthel neville. hi, eric. eric: hello arthel.

thank you for joining us on the fox news channel. i'm eric shawn. the passing of one of the court's most liberal and progressive voices sets up a fierce political battle that is already underway in washington at this hour. but for many admirers of justice ginsburg, the longest serving woman on the court, with decades of activism, well, the pain of her loss is a heavy blow. david spunt is live outside of the supreme court where the mourners continue to pay tribute as they had started last night when the news of her death first broke. >> hi eric and arthel. moments after justice ruth bader ginsburg, her death was announced, people started coming out here. it is quite a juxtaposition. you have the supreme court behind me, mourners putting flowers down remembering her, and then across the street is united states capitol where you will hear more about that in another report after me, but that's where the confirmation hearing is going to happen. that's where the replacement seat on the supreme court will take place. back to what's going on here at

the supreme court, mourners have been coming here all through the night. i talked to capital hill and supreme court police they say all through the night early this morning and into this afternoon we spoke with mourners who say they wanted to come here and pay their respects to a legend. listen to this. >> i think that -- i think that ruth bader ginsburg was a hero, icon, such a great example for women, and i have twin daughters who are growing up in a world that is so divisive. >> she was a legacy for our country, and she did a lot for us, especially lgbt rights and everything, women's rights as well, and she will definitely be missed. it's like a gut punch. >> ruth bader ginsburg never gave up. she fought cancer multiple times, always was with her briefing book even in the hospital learning about some of those cases that she would ultimately decide, important cases, that affected the united

states. in 1960, listen to this story, she was denied a job by then justice felix frankfurter he said she wasn't up to the job. she ended up being the second woman to serve on the supreme court. quite a legacy. tonight at 8:00, there will be a candlelight vigil to honor the late justice. all love here for ruth bader ginsburg, back to you. eric: yeah, she couldn't get a job in a law firm in new york when she first applied because she was a woman. >> no. eric: thank you, david. >> you bet. arthel: president trump doesn't want to wait to fill the supreme court vacancy following the death of justice ginsburg. the president calling on republicans to take swift action once he nominates a replacement. white house correspondent kevin cork has more on that. hi, kevin. >> good afternoon, arthel. you are right, their argument has been clear from the outset, regardless of the timing of the vacancy, the president has a constitutional obligation to send a nominee to the senate,

and the senate has on obligation to advise and consent and ultimately seat that person on the high court. the president making his points very clear on twitter, in this tweet, he said, we were put in this position of power and importance to make decisions for the people who so proudly elected us. the most important of which has long been considered to be the selection of united states supreme court justices. we have this obligation, without delay. and as first lady melania trump points out, such a selection would also come at a time when the nation is reflecting on the legacy of one of the true giants of the court. she said this about ruth bader ginsburg's passing, she said, it is an immense loss, her tenacity and strength were matched by her intellect and compassion and her spirit will live on in all she has inspired. my prayers are with her family and all who loved her. rest in peace, rbg. you may be wondering what are the names we're likely to hear in the days, weeks, ahead?

amy barrett, a judge from the 7th circuit, the odds-on favorite to get the nomination. it could be allison jones rushing, and keep an eye on the u.s. 6th circuit court of appeals, as well, another name that you may not hear a lot about, but it's obviously getting a great deal of buzz here at the white house. as for former president obama, he said this, four and a half years ago when the republicans refused to hold a hearing or an up-or-down vote on merrick garland, they invented the principle that the senate shouldn't fill an open seat on the supreme court before a new president was sworn in. he goes on to say this, a basic principle of the law and of every day fairness is that we apply rules with consistency and not based on what's convenient or advantageous in the moment. clearly he is making the argument that if it was good for then, it is good for now. we will see if republicans agree with that. it doesn't look like that's

going to be the case. we learned of a suspicious letter that was apparently sent to the president. it was intercepted at an off site mail facility. i will share part of a statement from the fbi about that. they sort of lay out how this all played out. we have heard from senior law enforcement officials that the letter perhaps contained ricin. they wrote this, the fbi and our u.s. secret service and u.s. postal service partners are investigating a suspicious letter received at a u.s. government mail facility. at this time, there is no known threat to public safety. again, everyone wants to know if ricin was in fact utilized. there may be a way to figure out where the ricin came from. again, that is part of the ongoing investigation. we also know the president is making his way to north carolina. we will have live coverage for you. back to you. arthel: thank you very much, kevin corke. >> you are welcome. arthel: eric? eric: meanwhile democratic presidential nominee joe biden

is calling on the senate as are other democrats to wait until after the election before the senate should consider who to fill the vacancy on the high court, with and in a fund-raising e-mail his running mate harris says the stakes for the election are higher than over. hillary vaughn is reporting on the former vice president's campaign. she is live in wilmington, delaware for us. >> hi, eric. the vp nominee kamala harris stopped by the supreme court this morning in washington, d.c. to pay her respects to the late justice ginsburg. she also issued a fund raising e-mail to supporters making the case that the stakes of this election are now even higher. democratic nominee joe biden says he wants to make history with his supreme court pick, promising to nominate the first african-american woman to the supreme court. biden in remarks last night argued that the senate should hold off on a confirmation hearing until the next president is confirmed.

>> voters should pick the president, and the president should pick the justice for the senate to consider. this was the position the republican senate took in 2016 when there were almost ten months to go before the election. >> but in 2016, biden disagreed with what happened, when senate majority leader mcconnell chose not to hold a hearing on obama's nominee pick, merrick garland at the time, but now biden seems to think that was the right call then and should be what happens now, with just 45 days left until election day. we do know that biden was putting together a list of possible picks that he could choose from when he was asked about it in june. >> i have -- we are putting together a list of a group of african-american women who are qualified and have the experience to be in the court. i'm not going to release that

until we go further down the line in vetting them as well. >> right now there are only five black women judges on federal appeals courts around the country. all of them are 68 years old or older. but there is one african-american woman that biden has said this cycle would be a good choice for the supreme court. that woman was kamala harris, who is his pick now for vp. she's already on the ballot with him, and several states are in early voting right now. i think it is safe to say that she is no longer on his supreme court short list. er eric? eric: and she will be questioning potentially whoever is nominated because she's on the judiciary committee. thank you. arthel: the death of justice ginsburg is also putting the spotlight on the senate, as it faces the prospect of a major fight over a nomination to replace her on the high court. senate majority leader mitch mcconnell said president trump's

nominee will receive a vote on the senate floor. let's bring in correspondent chad pergram who is live on capitol hill. breaking within the hour, senator susan collins of maine saying she thinks whoever wins the election should pick the nominee. how does that change things? >> that's right, well, you know, democrats or republicans, they see a supreme court nomination as the most hallowed duty that the senators have to deal with in their senate term. this is a lifetime appointment. they have to provide advice and consent. they take this very seriously. they don't like to feel pressure. they don't like to feel rushed into things, and this is why it is so important what senator collins put out who faces a competitive reelection bid this fall in maine. here's the statement, quote, given the proximity to the presidential election, i don't believe the senate should vote on the nominee prior to the election. the decision of a lifetime appointment should be made by the president who is elected on

november 3rd. implied in that statement is the senate should reject the nominee if joe biden prevails. republican alaska senator murkowski said the senate should wait for the new president. she was the only republican to oppose brett kavanaugh in 2018. democrats say they will remind voters what is at stake with the prospective nomination of a conservative justice. here are the things which worry democrats, overturn of obama care, issues about civil libe y liberties voting rights and abortion. democrats haven't forgotten the treatment that the republicans gave president obama's nominee for the high court in 2016, merrick garland who didn't even get a hearing. this is going to be a major campaign issue going into the next six weeks here, probably even overtaking covid-19. back to you. arthel: what did you say about senator collins statement saying that it implies that she doesn't think that a would be president

biden should get a pick as well? >> right, if you read between the lines there, she's basically saying until after the election the senate should not vote. in other words, if it's clear after november 3rd, that president trump has won, basically it looks like there's a green light from senator collins to go ahead and vote this fall or in december, something like that. but she says, you know, again, this is really parsing the language there, implied in that is if biden were to win, that should be decided by the next president, probably sometime next year, after they would take office january 20th. arthel: okay, all right, chad pergram, thank you very much. eric? eric: we've been reporting on the push for a nominee before the election. but guess what? the election is now. voters in minnesota, virginia, south dakota, and wyoming, they already are casting their ballots for the november elections, as the early voting process has begun in those states. some hours long lines are reported in virginia yesterday. voters can submit ballots in

person at precincts across that state. they have until october 31st, and they could do that by mail until october 23rd. those are requested absentee ballots in minnesota, south dakota, wyoming, where they can now cast their ballots in person or also use the mail up until november 2nd. the centers for disease control in atlanta dropping a controversial piece of coronavirus guidance saying anyone who has been in close contact with an infected person should get tested even if they are asymptomatic. the agency said last month that people who do not feel sick don't need to be tested, but that created a lot of criticism from health department staffers and some pushback against suspected trump administration interference in that advice. the cdc says anyone who has been within six feet of a person who has been documented with coronavirus for infection, been with someone for at least 15 minutes, you should get a test. the reversal moves the cdc back in line with what it originally

said so. arthel? arthel: eric, thank you. wisconsin breaking its own single-day record for coronavirus cases. that's according to the health -- the state's health services department. more than 2500 new confirmed cases yesterday, surpassing the more than 2,000 cases it recorded thursday. wisconsin has more than 97,000 confirmed cases in total. data revealing new infections over the past month are being caused by people between the ages of 18 and 24. this at a time as schools and colleges continue to deal with mounting cases. still to come, this hour, bars in and around las vegas allowed to reopen after this weekend with limited capacity, but there is some cause for concern there, regarding the pandemic. a detailed look at covid cases related to resorts there, when we return. still your best friend. and now your co-pilot.

still a father. but now a friend. still an electric car. just more electrifying. still a night out. but everything fits in. still hard work. just a little easier. still a legend. just more legendary. chevrolet. making life's journey, just better. ♪you know limu,ug after all these years it's the ones that got away that haunt you the most. [ squawks ] 'cause you're not like everybody else. that's why liberty mutual customizes your car insurance, so you only pay for what you need. what? oh, i said... uh, this is my floor. nooo! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

noand if you're troubledan a lifby falls and bleeds,ers. worry follows you everywhere. over 100,000 people have left blood thinners behind with watchman. it's a one-time, minimally invasive procedure that reduces stroke risk-- and bleeding worry--for life. watchman. it's one time. for a lifetime. the game doesn't end after a spectacular touchdown grab because there's always another team looking to punch one in. with nfl redzone from nfl network on xfinity, you get every touchdown from every game on sunday afternoons. all season long. watch every breakout star, every heart pounding running attack and every big-time defensive stop. sunday's were made for football on xfinity. that's simple, easy, awesome.

add the more sports and entertainment package for nfl redzone. click, call or visit a store today to learn more. eric: there is some concerning news out of one of the nation's top tourist hot spots, as it prepares to open bars tomorrow for the first time in six months. the las vegas sands hotel

reveals that 424 of its employees at two of its resorts tested positive for coronavirus since those hotels opened in june. 497 tested positive at the wynn just down the street, since june. and three employees they say have died from covid-19. the wynn says six guests have also tested positive. arthel? ♪ arthel: justice ruth ginsburg leaving behind a long legacy as a fighter for rights of women and men and as an attorney for the aclu in 1972 she argued before the supreme court to help a man get access to financial aid for a caretaker which at the time was only given to women. it was one of many cases she argued before the justices before eventually becoming one herself. her passing now sets up a bitter fight to fill her seat on the high court. let's bring in juan williams now. he's fox news political analyst

and cohost of "the five", also the author of a biography of justice thurgood marshall entitled "thurgood marshall". juan, i want to ask you this, if you were going to write another book, whether confirming or her dissent, justice ginsburg made her mark in several consequential cases affecting current democratic systems in american life as we know it today. if you were to write a book about ruth bader ginsburg, how would you describe the essence of her legacy? >> well, arthel, i think given that i wrote a book about thurgood marshall, i would say that ruth bader ginsburg was the thurgood marshall of the women's rights movement in the united states. when she came on the court, marshall was gone. in fact, bill clinton, the president who nominated her, when he was nominating her said ruth bader ginsburg will be the

thurgood marshall of the women's movement on the supreme court. and when she came on the court, in a matter of years, i think it was about three years, 1996, she was involved in a case involving the virginia military institute, which for 157 years had never admitted a woman. and ruth bader ginsburg led the argument, got a majority decision that said they had to admit women, that was for the first time. then she went on and lost a case that was equally important, arthel. this one you might remember the name ledbetter. it was about equal pay for women and whether or not the principle had to go back in time to years before the suit was brought. she lost that case in the court, but bill clinton again put forward legislation that was then approved by the congress and became the lilly ledbetter law. in those two cases i think anybody writing a biography of

justice ginsburg would have a wonderful start in explaining to people the power, the power of her influence on the court in terms of gender equity. arthel: the power that she had and will continue to have posthumously as she made these decisions again that affected so profoundly now, but she did everything, juan, with dignity, and i wonder if out of respect for her dignity and the way she carried herself and of course her legacy, do you think that somehow that will come into play in terms of when a nominee will be put forth because already you have, you know, just from what i'm gleaning from susan collins of maine saying, listen, guys, let's not rush here. let's wait and do this the proper way. it seems like no one wants to

kind of -- the process, if nothing else but out of respect for her. >> you know, i would hope so, but i must say that i think maybe the more pertinent issue here is what happened with brett kavanaugh. i think people on the right, arthel, feel that, you know, he got beat up, you know, all the ford allegations and all the like, and they thought this is so rough, controversial, things coming in at the last minute, and i think that people now are of the mind that gosh, we don't want to go through that again. that's just people on the right. people on the left are of the mind to say, you know what we should wait, given what happened, again, very controversial with merrick garland, ten months remaining in president obama's term and he was not even given a hearing. i think people on both sides understand we are in for one unbelievable hellacious battle potentially. i think people are in terms of

the senate at least wanting the time to do it in a dignified way in keeping with the legacy of justice ginsburg, who was known around washington for her quiet and as you put it her dignity. she was not a big talker. she was a big talker in this regard, again coming back to thurgood marshall, both of them believed in the power of their dissents, believed that dissents eventually lead to new laws in this country, and maybe that's what made them such trailblazers. they were willing to go out on the edge, marshall for civil rights especially with regard to individual rights for black americans and ginsburg in terms of, again, individual rights specifically with regard to american women. arthel: let's listen to president trump moments ago on the south lawn. >> we have some very big news on tik-tok. tik-tok is moving along.

we're dealing with oracle, which you know of, larry ellison and dealing with as a combination, wal-mart, wal-mart a great company, great american company. the security will be 100%. they will be using separate clouds and a lot of very very powerful security, and they will be making about a 5 billion dollars contribution toward education. we're going to be setting up a very large fund for the education of american youth, and that will be great, a contribution i have been asking for. but we will see whether or not it all happens, but conceptually, i think it is a great deal for america. they will be hiring at least 25,000 people. it will most likely be incorporated in texas. it will be a brand new company. it will have nothing to do with any outside land, any outside

country. it will have nothing to do with china. it will be totally secure. that will be part of the deal, and that will be both oracle as you know and wal-mart, and i think it's going to be a fantastic deal. the technology is superior to anything in the world, and we like that. and again, a lot of jobs, a lot of money, a lot of money for our country. billions of dollars of taxes will be paid every year, and hundreds of millions of users, and they will be happy, so everybody will be happy. it will continue to be named tik-tok as it was all along, and that's it. that's it. so i can say that i have given the deal my blessing, if they get it done, that's great. if they don't, that's okay too, but it is a great deal for america, and very interesting.

>> sir, do you approve the deal? >> i approve the deal in concept, yes. >> sir, do you want to see a nominee on your supreme court choice before the election? >> we will see what happens. we will be talking to people soon. we have great respect for the process. this has happened numerous times, and every time there was a nominee, as you know. there's been many occasions where frankly it turned out to be during a presidential year. i think i heard 28, but whatever it may be, but in all cases, they went forward. but we want to respect the process, and the process will move. i think it is going to move very quickly actually. i agree with the statement put out by mitch mcconnell. i agree with it actually 100%. i put out a very similar statement you saw, so i think we're going to start the process extremely soon, and we will have a nominee very soon.

>> [inaudible]. >> they're going to report the full scope of the deal very soon, very soon. but it will be totally controlled by oracle and wal-mart. all of the control is wal-mart and oracle, two great american companies, and the combination of the wal-mart that's obvious and the high-tech of oracle and the genius of the two leaders of those companies. okay? >> sir, senator collins said she would like to see the next president be the one to nominate a supreme court justice >> who said that? >> senator collins, susan collins. >> well, i totally disagree with her. we have an obligation. we won. we have an obligation as the winners to pick who we want. that's not the next president. hopefully i will be the next president. but we're here now, right now we're here, and we have an obligation to the voters, all of

the people, the millions of people that put us here, in the form of a victory. we have an obligation to them, to all of those voters, and it's a very simple thing. so i would disagree. if that's what she said, that's not the way i read it. i read it differently, but if that's what she said, i totally disagree. >> [inaudible]. >> i do. i have a short list. i've had a short list for a while. we added a number of people on to the list previously. we have about 45 all together. i do indeed have a short list. i've gotten to know many of them. i think it's probably from a legal standpoint, from a sophisticated understanding of the law, from a constitutional standpoint, i think it's the greatest list ever assembled. and i think that the other side should show their radical left list, and i think you will be surprised. >> [inaudible]. >> well, she's very highly

respected, i can say that. >> [inaudible]. >> i could see most likely it would be a woman, yeah, i think i can say that. it would be a woman. if somebody were to ask me now, i would say that a woman would be in first place, yes. the choice of a woman i would say would certainly be appropriate. >> [inaudible]. >> she's an extraordinary person. i have heard incredible things about her. i don't know her. she's hispanic and highly respected, miami. hily respected. -- highly respected. >> sir president obama's pick in 2016 merrick garland didn't get a chance to move forward, that was an election year. why should your pick get a chance to move forward in an election year? >> that's called the consequences of losing an election. he lost the election, he didn't have the votes. when you lose an election, sometimes things don't work out well >> but that was before the election. >> by the way, i have to say

this, judge garland is highly respected. i have a lot of respect for him. i do. i have a lot of respect for him, but it's the consequences of an election. >> -- before the election or after the -- >> i don't know, we're working with all the republican senators and working with mitch mcconnell, and we'll be making a decisi decision. i would think before would be very good. we'll be making a decision. the process can go very very fast. i will be making my choice soon. when the choice is made, i will be sending it over to mitch in the senate and they will do what they have to do. i think we'll have a very popular choice, whoever it may be, but we'll be sending it over to the senate. >> [inaudible]. >> i think the choice will be next week, yes, i do. i do. okay? we'll see you -- some of you in north carolina. okay? thank you very much. >> thank you. arthel: that's president trump now on his way to fayetteville,

north carolina. juan williams is still with me. juan, the president saying that he thinks that he will make a choice next week. he thinks his choice will be a woman, and he thinks that the nominating process should move forward. i remind viewers that in march 10, 2016, senator lindsay graham at the time said quote i want you to use my words against me, if there is a republican president in 2016 and a vacancy occurs in the last year of the first term, you can say lindsay graham said let's let the next president do it, whoever it might be, make that nomination, and you can use my words against me, and you would be absolutely right. so here we are right now with that almost exact -- turned out to be a prediction by lindsay graham. what are they going to do? >> well, lindsay graham is now chairman of the senate judiciary committee, arthel. and you should know that it's on average about 45 days before a

nominee gets a hearing, about 70 days to confirmation. it was longer with the last nominee, justice kavanaugh now, so to hear the president say, one, that he's going to make a nomination next week suggests that really there's not enough time before election day, november 3rd. but the second thing is that he said -- i was totally puzzled by this. he said that president obama did not get to nominate -- well he got to nominate but not get even a hearing for merrick garland because elections have consequences. of course we know we're talking about a ten-month period in which mitch mcconnell was senate majority leader denied garland even a hearing, and so here comes president trump with i guess it's about 45 days now to election day, and he's saying that within that small window, he's going to nominate somebody next week, and he would expect that person to go through the process.

it seems a little bit -- well, hypocritical or contradictory, we will have to see. now it comes a matter of power politics. you have power, you do what you have to with it arthel: what do you think voters will say if the republicans say this is what we said then and this is what we are saying now, we don't care how you think america? >> we live in very divided times, arthel, politically. and i suppose that someone could say, you know, our team had the power. we did what we wanted. but then you have to realize at some point the other team may come into power and then issues like the senate filibuster may be taken away by the democrats. it's potential if the democrats were to gain power they would engage in what we call court

packing, expanding the number of supreme court justices from nine. at that point you start to see that it really undermines american institutions. it would undermine the senate, undermine the supreme court as we know it today. that's why i say this is a dangerous course, and even if you have the power, even if we are so divided and think our team should just do what it can, at all costs, at any time, you should have some sense that it opens the door to further division because the other team is coming. either tomorrow or the next day. arthel: juan williams, i have to leave it there. thanks, juan. >> my pleasure, arthel. thank you. ♪ >> i don't know what it will take, but we really should get back to the way it was when

people were examining -- [inaudible] on someone to be a judge rather than trying to guess how they would vote. eric: that's justice ruth bader ginsburg reflecting on the process of choosing a supreme court justice. president trump revealing he will pick likely he says a woman and he will announce it next week. who is it? real clear politics is joining us now. this is moving like a freight train, despite democratic opposition, pushback from some republican senators, susan collins, lisa murkowski to wait till after the election. how do you think this will play out next week? >> i think the story line here is that for every election we always hear politicians say this is the most important ever, and this time it might actually be because voters are not only going to be deciding who is going to be the next president of the united states, also potentially the direction of the supreme court for decades to

come could also be on the ballot, and the republicans that i've been talking to between last night and today, they see this as a good thing because president trump for a lot of the last couple of months has struggled to really define what he would do in a second term, with the passing of ruth bader ginsburg, this election becomes a referendum on the court, and that also for senate republicans, you know, majority leader mcconnell is trying to defend his majority, this shakes conservative voters off of the fence in states like arizona and colorado. it gives them a reason to come out in november because it really is going to be an incredible consequential november. eric: yeah, it certainly will. we'll know next week according to the president. you know, i think he's got a name already in his head, someone that's really been vetted, someone who has been put up as leading candidate, and that's amy coney barrett. let's take a look at -- we're picking some women because the president said women.

amy coney barrett, barbara logoa, allison jones rushing. let's start with barrett. she lives in south bend, indiana. she called roe versus wade a quote erroneous decision. barbara logoa who the president had glowing words about, noting she is hispanic, lives in florida, he called her an extraordinary person and the younger one on the list in her 30s is allison jones rushing who happened to be a clerk for gorsuch and is in washington, d.c. let's start with judge barrett. you know, i think a lot of people wouldn't be surprised if maybe he names her because she has already gone through an extreme vetting process. >> absolutely. we have already seen it reported that president trump said that he was saving her for ginsburg's seat. if he did go with her, it is a choice that would make a lot of conservatives also especially a lot of evangelicals who are

critical to president trump's 2016 election, very excited. look, i think that while we have these discussions about senate decorur while we weigh 2016 versus 2020, we need to realize that yes, this is power politics, but there are a lot of these religious voters on the right who don't really care about the niceties of the u.s. senate. they want results, and at this point, i think that they could care less if someone is confirmed during an election year or during a lame duck session. i think that the right, they want their conservative majority on the court. eric: what type of questions would we get from the democrats if it is indeed barrett? certainly they would try to go after her views. >> absolutely. eric: on abortion and roe versus wade? >> certainly, this is the litmus test of all supreme court nominees, you know, since 1973. this is a significant issue. democrats are not going to take this lightly. i would expect extremely

aggressive questioning of any of those three women if they are nominated, but something that's really interesting here is that should president trump make a nomination before the election, and it seems like he will, you know, that nominee is going to have to go through the senate judiciary committee. guess who sits on the senate judiciary committee? vice president nominee kamala harris who really distinguished herself in her questioning of kavanaugh and gorsuch. i would expect a repeat and possibly even a more aggressive one. republicans like this purely from a political angle because it gives them something else to go to suburban women with. they can possibly point to, you know, a female supreme court nominee and argue she is also on the ballot. eric: that would be some hearing, and it does seem to make some political sense for the president. he also had kind words as i pointed out for judge lagoa, who is hispanic in florida. we will see how this whole

process plays out. getting a name, according to the president, this week. phil wegman, good to see you, thank you. >> thank you, sir. eric: arthel? arthel: eric, president trump making at least two stops next week in pennsylvania, a state that is going to play a big role in the 2020 election. we'll take a deeper look at the issues that matter most to voters there. is that net carbs or total?... eh, not enough fiber... chocolate would be good... snacking should be sweet and simple. the delicious taste of glucerna gives you the sweetness you crave while helping you manage your blood sugar. with nutrients to help support immune health.

even as i look toward 65, one thing hasn't changed i still love getting on the ice. which means i need to stay healthy.

now, as i'm thinking about selecting a medicare plan, i know i want one that has the kind of coverage that takes a total approach to my health. one that connects all the different parts of my health care to keep me aging actively. aetna medicare. keep doing what you love. eric: pennsylvania supreme court makes a change in the state's voting laws, extending the deadline to receive mail-in ballots by three more days, after the election. this comes as both candidates are courting swing voters in that state with its 20 electoral college votes at stake. real clear politics polling average shows that former vice president joe biden is now leading president trump by a little more than 4 points in the keystone state. it is one of the main battlegrounds this november. the director at the pittsburgh

tribune review is joining us now. your state seems a must win. at one hand you have joe biden from scranton, on the other hand president trump won it and is making a play for it. what does it look like on the ground right now? >> when you are in the middle of it, eric, you can't really tell that you are the center of the attention. people are going about their lives. what we see in the tribune review is just a lively debate across all spectrum of views. if you were to read our letter to the editor, you would be amazed at the variety of views. not everybody is a hard core trump supporter. eric: i didn't mean to interrupt you. the change in election law, some see that as helping joe biden. you've also got the issue of drop boxes. a lot of things going on behind the scenes in terms of the change in the election law in

the state. who do you think -- which candidate do you think that will benefit? >> they say it is going to help the democrats, but what i wonder about is how many people are going to turn out and vote. in allegheny county, all the voting stations will be open, all 1300 of them, whereas during the primary they were consolidated to, you know, half or maybe even less than half. i can imagine just a lot of people being concerned about the reliability of a mail-in and just showing up to vote. and in another region that we cover, it is fully staffed. they have hired more poll people. it could be a functioning normal election. eric: that, you know, considering the numbers of mail-in votes that would be, you know, pretty amazing to see the long lines, and i have covered

elections in your state. let's look at what the "wall street journal" said in an editorial. i don't know if you saw that, calling it supreme chaos in pennsylvania voting. this referencing that court decision saying, quote, as you said, the ruling could help mr. biden, biden supporters are much more likely to vote by mail. the absentee could rebound or benefit, if ballots are disputed, lawsuits are sent into the courts. you can't start counting the votes till 7:00 a.m. on election day, i think, will that be changed, do you think? because it's going to be like michigan and elsewhere, where you're going to wait a week while they are sitting in the back going through and counting all the votes. >> i think that's a distinct possibility. i don't know if they are going to be able to iron out the advanced calculating of the votes. it is tied up if a bill that may

not be untangled. keep in mind that allegheny county has opened up ahead of all this three polling -- well, places to receive your votes on the three weekends ahead of november 3rd. they are at the central office and then many other locations, they are trying to bring them in. you know, the people are puzzled by it, but there's still a chance that people will go to the polls if they are going to be open, fully staffed. people go to the grocery store around here. people go shopping. people go out and about. there's traffic. life pretty much feels on. i'm not so certain that a lot of people will be scared away from going to polls. democrats and republicans alike. eric: what is the main issue? i mean, you're part of the state, talk about the industrial base, getting hit so hard when

you see the coal factories and the way pittsburgh used to be 40 years ago you see the rebound, reemergence and rehabilitation and all the tremendous things that have happened in that city, maybe the pirates could win a little more, but other than that, what is the major issue? what are people really concerned about? >> the pirates, yeah, that would take some divine intervention. let's talk about fracking as a concern for biden, no matter what he says, he came to pittsburgh, he gave that speech, he said i am not banning fracking, no matter what donald trump says. but he didn't say i'm for fracking. and a lot of that doesn't translate well to vote others who still suspect that people behind biden are going to push the green new deal.

it's not -- no matter what he says right now, i still sense suspicion among neighbor, among management, among people. fracking is, you know, it is part of the landscape here. it's part of the economy. it's gone down, and people don't see it as the great savior for our local economy, but it's part of it. and a lot of democrats have embraced it. eric: we're up against a hard break right now. the computer is going to cut us off, not me. fracking the big issue. john allison, pittsburgh -- focus... accuracy... learning and concentration. try it today with our money-back guarantee! which is breast cancer that has spread to other parts of the body, are living in the moment and taking ibrance. ibrance with an aromatase inhibitor

is for postmenopausal women or for men with hr+/her2- metastatic breast cancer, as the first hormonal based therapy. ibrance plus letrozole significantly delayed disease progression versus letrozole, and shrank tumors in over half of patients. patients taking ibrance can develop low white blood cell counts, which may cause serious infections that can lead to death. ibrance may cause severe inflammation of the lungs that can lead to death. tell your doctor right away if you have new or worsening symptoms, including trouble breathing, shortness of breath, cough, or chest pain. before taking ibrance, tell your doctor if you have fever, chills, or other signs of infection, liver or kidney problems, are pregnant, breastfeeding, or plan to become pregnant. common side effects include low red blood cell and low platelet counts, infections, tiredness, nausea, sore mouth, abnormalities in liver blood tests, diarrhea, hair thinning or loss, vomiting, rash, and loss of appetite. be in your moment. ask your doctor about ibrance.

arthel: other headlines we're following, a hurricane watch is in effect for coastal texas as tropical storm beta is building strength in the gulf of mexico. beta is forecast to become a hurricane tomorrow. protesters taking to the streets in portland for the first time in two weeks. police arresting 11 people including one from florida and from washington state. outside the city's immigration enforcement control building is where it happened. officers took action after ordering the crowd to leave. a concerning report out of the journal health affairs finds 42% of schoolteachers and staff are vulnerable to the coronavirus. the study looking at more than 3,000 school workers, it also found more than 63% live with

someone at increased risk. eric: the chicago police department today teaming up with the city's young people, in an effort to try and end gun violence. police officers and members of the community took part in a 5k, socially distanced course went through columbus park. the race was used to raise awareness on the importance of working together to address all that horrible violence inflicting that city, and boy do they need help. we're moments away. stay tuned to the fox news channel. we will show you live the start of president trump's great american comeback event. there it is live in fayetteville, north carolina. the president about to speak, likely address the up coming vacancy at the supreme court, explain why he says the senate should move swiftly to approve his pick. i'm eric shawn. arthel: i'm arthel neville. thanks for joining -- more with less asthma thanks to dupixent, the add-on treatment

for specific types of moderate-to-severe asthma. dupixent isn't for sudden breathing problems. it can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. it's not a steroid but can help reduce or eliminate oral steroids. dupixent can cause serious allergic reactions including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection and don't change or stop your asthma treatments, including steroids, without talking to your doctor. are you ready to du more with less asthma? talk to your asthma specialist about dupixent. if your financial situation has changed, we may be able to help.

"a good education takes you many different horizons" and that sticked to my mind. so, when $1 a day came out, i said, "why not"? why not just utilize that resource. and walmart made that path open for me. without the $1 a day program, i definitely don't think i'd be in school right now. each week for me in school is just an accomplishment. i feel proud every step of the way. is just an a♪water?shment. why?! ahhhh! incoming! ahhhahh! i'm saved! water tastes like, water. so we fixed it. mio

jon: president trump about to hold a rally in the critical swing state of north carolina. this as the death of supreme court justice ruth bader ginsburg up ends the race for the white house with the election about six weeks away. good evening i'm jon scott. this is a special edition of "the fox report". ♪ jon: president trump is scheduled to land in fayetteville, north carolina, in a few minutes, for tonight's great american comeback rally. the president vows to fill the seat now vacant after the death of justice ginsburg, urging senate republicans to begin the confirmation process quote

without delay.