will: just as a reminder we're going to have pete's interview with president trump tomorrow morning starting at 6:00 a.m. you don't want to miss that have a good saturday. jedediah? jedediah: yeah, happy saturday everyone, see you tomorrow. neil: we are seven hours away from knowing the actual identity of the president's choice for the supreme court. the drama might have come out of the bag last night amid reports it's going to be amy connet barr ett to replace ruth bader ginsburg who passed away last week but the timeline to get her on the supreme court is going to be a rush but republicans are optimistic they can get it all done before election day. welcome, everybody i'm neil cavuto, and this is cavuto live, and we are live, all over not only the washington d.c. area

but globally as well we're also up on the latest protests that have involved in louisville and spread elsewhere to places like oakland and new york and atlanta , where on top of virus developments that look encouraging for a vaccine but first and foremost the president's announcement at 5 p.m. eastern time today when he will make it official. now all indications are that it is going to be the 7th circuit court justice court of appeals judge i should say amy connet barrett but anything can happen, along with this president he could surprise you but that seems to be the growing consensus right now if for no other reason she's been very much vetted here and is a known quantity certainly on capitol hill, which will help with the speed of processing her confirmation. let's go to john roberts at the white house with more on where things stand right now. >> neil good morning to you it'll be just 38 days until election day after the president made the announcement one of the biggest announcements that the president has made one of the biggest days of his presidency as the president gets

a chance to put a solid conservative majority on the supreme court for years to come, by ideologically flipping a seat as you mentioned, several sources have told fox news and there is other reporting out there that the president's choice is amy connet barrett, a judge he nominated for the 7th circuit court of appeals being barbara bush in 2017 she is as solidly conservative as they come though she did attract three democratic votes during her confirmation. the moment the announcement is made the clock starts ticking toward her confirmation in new port news last night the president saying with two notable exceptions susan collins and lisa murkowski of alaska, republicans are united. listen here. president trump: fill that seat. oh, we're going to fill it don't worry about it. and the republicans have been very unified you see that even a couple of people that normally don't vote for us, they usually don't vote with the republicans, but they are and we have

tremendous unity in the party. mitch is doing a good job, kevin is doing a good job. >> democrats will likely throw up roadblocks to slow the nomination although dianne feinstein the ranking member on the judiciary committee said there's likely nothing that the can be done to actually stop it. most democrats could likely do is complain long and loud about republicans filling the seat when they refuse to do the same thing in 2016 again the president last night. president trump: and i'm watching the democrats saying how terrible it is that we're pointing, we have the right, we won the election, we have the right. >> [applause] president trump: we won the election and we have a lot of time and if they were in opposition, they would do the same thing maybe they would just do it more rapidly. >> and while we have every reason to believe that the nominee will, indeed, be amy coney barret, the president said something last night in new fort news to give us just that a little bit of uncertainty listen here. president trump: we're naming

the nominee hopefully will be on the court for 50 years, 5-0. >> [applause] president trump: the only thing i can tell you for sure is it will be a woman. >> so the president said 50 years, if amy coney barret were to serve 50 years, she be 98 years old, but you know who could serve for 50 years? alice on jones rushing, because she is only 38 years old, and the longest that a supreme court justice has ever served was justice oliver wendel holmes served until he was 90 years 10 months and four days so highly unlikely that amy coney barrett could make it 50 years. neil: yeah you never know thank you very much at the white house and the president could have all of the attention to amy coney

barrett but we just don't know and we'll know when the president does make it official one way or the other let's go to senator bill cassidy right now the beautiful state of louisiana. do you know, senator, who is it? >> i'm going to assume it's amy she's incredibly well-qualified. the president, i don't think, could make a better choice. she's originally from louisiana. there's some home state pride but when you look at her record there's objective and being impressed by what a quality candidate she is. neil: you know, we talk about the timeline, senator. are you optimistic that whoever it is, can be confirmed, approved, by election day? >> i've spoken to lindsey graham and he thinks so, and she's obviously already been vet ted, she's been vetted in a previous point appointment so that shortens the timeline so senator graham says yes so i assume so. neil: all right, senator, two of your republican colleagues, lisa murkowski out of alaska, susan

collins of maine, were no fans of rushing this process. i don't know whether that will extend to not even voting on whoever the president picks but have you talked to them? do you know what their plans are in this process, because it's happening. >> i've seen the announcement and susan said not at all until after the election and lisa, i think, not until after the election, or susan, not at all, but i can only take care of what i'm doing and my constitutional duty is to vote for whomever comes before me and she's incredibly well-qualified thoroughly for the court so i will fulfill my duty and i suspect that she and at least 51 republicans will as well. neil: will their religion be a big factor here again assuming it is judge barrett? it certainly became an issue in the hearings before her appeals court, judgeship. one of the things that came up and it's a famous line now used

by dianne feinstein when she said the dogma lives loudly within you, that her faith, cat holicism, will be a front and center issue. what do you think? >> i do think democrats, in washington d.c. at least, are threatened by catholicism, threatened by people of faith, who actually live their faith. not just oh, yeah that's something i do on the weekends but actually live their faith. she lives her faith, in a way which i'm told that they knew they would have a child with down's syndrome but nonetheless still bore the child and love the child and raise the child. as the uncle of a down's child i so appreciate that. she walks the talk. i think washington d.c. democrat s fear that. neil: senator cassidy thank you very much coming in on a saturday we appreciate that. continued good health to you, you had a scare with that covid

thing i'm glad you're doing well , be well, senator bill cassidy. meanwhile i want to go to rich e tson, because pressure is building on joe biden not only to spell out whether he would have a list of candidates himself for the supreme court but whether he agrees with other democrats who have been arguing they were packing the court getting more justices on the court or even we'll go back to filibuster for a whole host of issues virtually all issues. rich with that right now, hey, rich. >> hey, good morning, neil, and so what we've got here is the vice president is here in delaware, is close to his home, and also what we've got here, neil, is this call among republicans they're pushing the biden campaign to essentially to release what they would have in mind, with the former vice president would have in mind, when it comes to his supreme court pick. the former vice president was in washington d.c. yesterday in the capitol paying his respects to ruth bader ginsburg as she lay in state there.

biden's justification for refusing to name his supreme court list ahead of the election , he says it could subject a candidate to personal attacks, judges on his list may feel influenced in writing their opinions, and biden says doing so be bending to a partisan election campaign. instead, democrats are framing this supreme court vacancy as a republican power grab and they're trying to tie this issue into issues like healthcare, covid-19, the president' response to that, the former vice president joe biden just tweeted yesterday, "in the middle of a global pandemic, president trump is trying to get the u.s. supreme court to eliminate obamacare and rip healthcare protections away from 100 million americans with pre- existing conditions. don't forget thate the biden campaign will continue that message. the vp nominee senator kamala harris is scheduled to speak monday in raleigh, north carolina as part of that, the campaign is saying that she'll talk about what's at stake in the election for the american people, from

the affordable care act to other issues affecting their everyday lives and how that ties into the supreme court. the setup from the supreme court from here and what a new supreme court could look like. there have also been pushes among democrats that if joe biden does win the presidency, and democrats do capture the senate then democrats should add seats to the supreme court to balance out the court. biden was asked about that earlier this week, he refused to answer that. he says he's not going to discuss that issue quite yet. he says it's a good question, but he refuses to comment. neil? neil: thank you my friend very much rich edson. when we come back examining what the potential president biden would do about the court himself , rich touched on it that all we know from the former vice president is he would entertain a list of african american women , that's about all we know as to whether he would support issues of packing the court and maybe even revisiting the

filibuster and just blowing it up for all matters of the united states senate. maybe we'll find out, just not right away. a live bookkeeper is helping customize quickbooks for me. okay, you're all set up. thanks!

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neil: all right never mind what the president is going to announce at 5 p.m. eastern time when he makes it official to the world his choice to replace ruth bader ginsburg on the supreme court, what is the guy who wants to be president think of all of this? we know he's not a fan of the president rushing it. we also know that he refuses to cava monk some progressives in his party who have been telling supporter efforts to pack the court and the filibuster and at this point he's been very reluctant to do any of that and mark penn joins us right now, mark, his strategy is not to get caught up in what he would do but what the president is doing and make that the focus. watt do you think of that? >> well, i think that is the

strategy of the biden campaign. it is to sit on the lead, let the president twist in the wind, and don't split the democratic coalition by coming out with anything that could split them one way or the other, and i think that's the strategic operating principle of the campaign, it worked in the primary its been working so far, they're going to stick to it until it isn't. neil: you know, mark, you're also a very good student of political history. presidential campaign history, and i'm wondering if this call it rope-a-dope, call it laying back and not trying to lose a lead, sit on, you know, the lead i can't imagine that the candidate who took that route, you know, wins. now it might happen and i know there is some candidates who have such an insurmountable lead as ronald regan did, you know, in 1984 even after a rocky first

debate where they could be tempted to coast. i don't believe he did but your thoughts on that and whether this strategy could backfire, because the president was in no fewer than four states yesterday as , you know, joe biden hunkers down presumably getting ready for the debate. is there a risk with that, play it safe strategy? >> well there is a risk, and the poll i released yesterday the harris poll shows the race tightening to about four points, and it had previously been seven and as much as 12, so there's no question that this race is tightening, and that trump has been moving his numbers up. he's seen as a candidate just slightly as working more than the others, and the press has seen it's easy on going easy on biden being hard on trump, and i mean the voters see what's going on here. biden is holding on to his lead but his numbers are not moving up so his campaign is kind of sitting back saying let's not

make a mistake, but that may wind up being the critical mistake of the campaign, if this race gets any closer. neil: this supreme court fight, mark, many have been arguing it's going to eclipse what's going on with the virus, the economy, even the law and order issue that's sparked again with these protests in louisville. what do you think? >> yeah, i'm not so convinced, i think that the virus and the economy are such big issues, as i say, the vaccine, the virus , the violence, and the economy, these are big issues. the supreme court justice right now, people are generally satisfied with the supreme court this process argument back and forth, i should pick it, you should pick it. that's not really, i think, amounting to much of anything and i think people are going to look at the nominee and look at the hearings and if she stands up to the grilling of the senate , i think it'll go well.

it might even back fire on the democrats if they go too far , but i don't actually think it's going to be the major issue of the election. there are too many big ones that are affecting people's lives every day. neil: you know, one of the things we know about amy coney barrett and again if she is the president's choice she has been vetted through the process she's been through this and it could be a quick confirmation process because of that, no surprises but much has been made of her catholicism and her dogmatic views to quote dianne feinstein from her appeals court hearings. could that line of attack on someone's religion backfire? i mean, many made that same argument against then-senator john kennedy that as a catholic, he be answerable to the pope. he put that to rest early on in the campaign. democrats supported him at that time. what about now? >> well i think that's right, and i think that again, it will depend, if she is the nominee,

how she clearly answers the question as she has before about how she separates her personal religious beliefs from the job that she does. look, joe biden's a catholic and he's routinely answered that question in the same way, so i think if he push too much on her religion it will backfire. this is a primarily religious country, many of the swing voter s are catholics and i think the president knows that. i think that is kind of the third rail here that if democrats really hit, that is what could create a significant backlash on some voters who are otherwise backing biden. neil: mark penn, thank you. the better idea firmly one way or the other, 5 p.m. eastern time today a little less than certain hours from now. we are keeping track of a lot of other developments as well there's going to be a prayer rally on the steps of the national hall outside the lincoln memorial, we'll get

an understanding of just how many crowds are expected supposed to be quite a few and all of this at a time where dealing with the law and order issue again, another night of violence in louisville that just didn't get totally out of control but a couple dozen people were arrested plans for more such rallies tonight.

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neil: all right, another night of protests in louisville, kentucky, following the entire dust-up right now over the decision and the officers involved were indicted for killing and brian yenis in what the prospects are looking like for today, brian? reporter: neil good morning behind me is the , well, it's

really for brianna taylor they have a memorial set up in downtown louisville after a relatively quiet night. 23 people were arrested last night in the protest that is not a lot compared to what they saw on wednesday night where over 120 people were arrested. most of these arrests were for the violation of the curfew. this was protesters not only here but nationwide are vowing to continue to protest even after the grand jury's decision not to indict the three police officers in the killing of brianna taylor and now this decision really inciting protest in new york city, for instance last night on the brooklyn bridge. hundreds of people marching on the brooklyn bridge blocking traffic for more than two hours. in oakland, california there were violent clashes with police as people threw cans and bottles at police officers, and yesterday, brianna taylor's mother joined protests here in louisville and says she's really angry over the grand jury's decision and they're now demanding that there is the

release of evidence in the case involved they want all of the evidence released in this case, including body camera footage, and the secret transcripts from the grand jury hearings, they want them released to the public as they question kentucky's attorney general daniel cameron. >> did he present any evidence on brianna taylor's behalf offer did he make a unilateral decision to put his thumb on the scales of justice to help try to exonerate and justify the killing of brianna taylor by these police officers. reporter: the jefferson couldn't it coroner's office also made brianna taylor's autopsy public for the first time. the findings show that brianna taylor was shot in the heart fatally and also suffered bullet wounds in her forearm, foot, right heel, thigh, and abdomen

this as we are seeing new police body camera footage showing officers helping wounded sargent john mattingly who was shot in the leg after he entered brianna taylor's apartment by kenneth walker, taylor's boyfriend the man charged with shooting two police officers in louisville during the first night of protests plead not guilty yesterday both of those officers are recovering and are expected to be okay. neil? neil: brian llenis, thank you very much my friend and in the meantime, brian touched on it with protests that are all across the country not just here and after prior incidents as well support for these peaceful protests as they are beginning become to wane among the american public i want to show you something before i get to my next guest, deploy police chief james craig, and support is ebbing a little bit for this its dropped about eight percentage points for these racial protests that the have evolved having nothing to do

exclusively with black lives matter just support for them in general that has declined. chief james craig very good to have you back. what do you make of that? i guess it isn't too startling a surprise but it's a precipitous drop what do you make of it? >> i think people are tired of untruth, information that's being put out erroneously and the folks that are putting it out are not being held accountable. you take this attorney crump, whose putting out information about what occurred when how would he know? i don't have all of the information, but the attorney general from kentucky cameron, he knows more and to even suggest that he's tipping the scale of justice to support his own agenda, now what i will say, i think, given the environment today, neil, it is important.

neil: chief, i think we're having some audio problems. we can check that again, are you saying there, and we'll get this corrected i hope, are you saying that what's happening that in this particular case, the very fact that the officers involved, none were indicted for her death. that is obviously the issue that is raised all these protests that none of them were responsible in that direct death , and that's what's chasing at people. >> well, it is, neil, but the issue is what's the truth? i mean, have we lost confidence in our system, grand jury and panels? what motivation would the kentucky attorney general have to lie, misstate the facts? how would attorney crump even know what took place? and so the issue today is we got to get the truth out and i do support getting information out and hopefully, in kentucky, they

will allow all of the information to come out to at least so the public can see it and as long as that's not done, frankly in troubling we're going to still see unrest in some cities. neil: you know, chief, the one thing i always appreciate when you come on is you just call them as you see them you're not speaking in terms of races but one of the other issues i raised with you recently is this cynical view that african american, particularly young males have of the police, they don't trust them. they think that law enforcement is out to get them, so anything that even hints of an injustice, again you're quite right none of us were in that grand jury room to know what evidence was presented or not. they're very very suspicious it's a setup. how do you reassure these young people in particular, what do you say to them? >> well you know, i have a lot of conversations with young people and the one thing that certainly we enjoy here in

detroit, we do have a good relationship with our community, and that's why when the outside agitators came into try to provoke violence they couldn't get traction here in detroit, so it's just a reassurance and also , watching in my seat as the leader of this great organization, that i will hold police officers accountable. i don't shy away from police misconduct but i also will stand tall and stand firm on my resolve to support the men and women of law enforcement. the vast majority do a great job unfortunately you just don't see enough of that today. you know, it was something and i said this on another show, a former nfl player i can't think of his name right now but one thing he said that should resonate with all of us who sit in seats of leadership, let's stop appeasing and start leading and leading means one thing, stand up and do what's right, and you know, this is why i support it, that kentucky attorney general, yes he knows

more but he's bound by the secrecy of the grand jury but i think right now, neil, look, everything is going on. the more information that can be allowed to come out to the public should be, because it will refute statements like the ones being made by attorney crump. neil: yeah, chief thank you very much. i'm wondering if you were quoting herschel walker the former football great, but it's always good having you on, chief. i think you just forced us all on all sides to step back and calmly reassess things. hopefully that trend can continue. all right, we have a lot more coming up including what is your definition of fair share, i've been asking a lot of prominent democrats about this including house majority whip and i can't get a straight answer, if it's 40% or if in new jersey they're hiking the state income tax to 10.75 per% and now we're well over 50% are the rich doing that because joe biden is doing the same thing saying the rich has to pay their fair share.

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neil: for individuals, what is a fair share for rich folks to pay >> i have no idea what the fair share is. i do know that they can make that determination and they have already determined that the upper 1% is not paying its fair share. we'll have to study all of that.

i won't come on a tv show in order to determine what the backgrounds what the research ought to be. i've got a staff here that will help me come to that conclusion. right now, we're talking theoretically and theoretically, the upper 1% needs to pay its fair share. it does not. neil: all right, but then what is the fair share? i wasn't evening to badger the house majority whip james cl yburn, i've asked this of other prominent democrat s as well when you argue the rich should pay their fair share it's a topical example in the garden state of new jersey where phil murphy wrote off on his plan to hike the top rate of the state to 10.75% so if you think about the rich paying their fair share, that's a combined tax rate of over 15% other states want to go still higher. there was talk that joe biden wants to return the top federal rate to 39.6% what it was under barack obama so add all of these up you get to 50-55, 60% we were

once at 70% during briefly during eisenhower administration 90% of the top rate is so that the fair share? it is a moving target and one i want to pursue with rebecca walter, and gary kaltbaum the market strategist so gary we'll begin with you because we're talking about you actually what be a fair share for you to pay? >> well i can tell you what their fair share is it is in the 60s in a high-tax state if you add in the 12.4% of self- employed in new york city will be in the 60s which means you're working into the month of july or august of everything 400,000 and higher and let me make this clear. a lot of people talking about this as a war on the wealthy. it is a war on people trying to get wealthy, because every time they try to move up in their lot in life at a higher number, they're out to take a lot more money from them. i love where we are right now,

37% is fine. adding the 12.4% to social security is just in sane and you add in the fact they're doing it and announcing it during a pandemic where tens of thousands of businesses are not coming back they are just plain crazy. neil: you know, kristin i know joe biden has said he's limiting his tax hike to those making $400,000 or more and it won't extend beyond that but i'm old enough to remember that was the argument we made to the alternative minimum tax to stop people, well, like gary, from getting away paying no taxes, not true gary happily pays his taxes but it was meant to stop that and instead it grew from sort of targeting millionaires and the rich who had very clever accountants to a third of all taxpayers today, so what's to stop me from thinking here we go again. >> i remember but i think that this discussion about tax rate

gets something simpler than it should be so both parties agree that we should have progressive taxes and i don't mean progressives in liberal meaning the more you make the more you should pay, you know, for things like national defense, education and that type of thing. we're talking about more than just income taxes here. i think where we need to have a larger national discussion is you're talking about the larger deductions, you're talking about estate taxes, you're talking about capital gains. there are things the wealthiest in the country are taking advantage of. i'm not necessarily saying that it's wrong, but there are things that middle income americans just don't have access to, so when you talk about paying your fair share to talk about it just within the confines of the income tax rate, that's where it gets more complicated and we should have a broader discussion so when the whip was talking about i'm not going to give a rate right now, the discussion about what is paying your fair share across all income tax brackets, i'm a small business owner, you know, i look at these things as well. i don't have access to a lot of

the things that major corporations have. i'm not saying that they shouldn't, but there is a larger conversation about what paying your fair share means and we should have it. neil: maybe you're right about that i'm not here to quibble over percentages. i mean, the argument is the rich or 1% are paying 40% of the taxes you hear that all the time in new jersey these 16,000 families are targeting pay half the taxes there so rebecca what i'm just stating is let's say you can justify raising taxes. i see a lot of clever ways to raise revenue. rarely, rarely, do i see any attempt on the part frankly of either party, to cool it on the revenue, to cool it on the spending, to cool it on the very type of thing that reduces this demand, to raise taxes more, so the government can spend more. that's what worries me. not a fraction of the creativity there. it doesn't take guts to raise taxes on the wealthy. it takes guts to sort of cut

down spending that effects everyone. your thoughts? >> neil, you could not be more hitting the nail on the head. this is what i get with all politicians because i'm a tax attorney, and i'm in the markets every day as you know, and i will just tell you that nobody, on either side of the aisle, is talking about the fact that taxes are going to go up well beyond what we're used to paying since 87 reagan's reform went into effect we've been with low taxes for three decades and 2020-2030 we have have a phenomenon happening in our country and 60 million people coming out of the workforce and going on to social security and medicare and that demographic shift alone, the cbo itself in 2008 already projected that the middle class tax rate just from that will have to go from 25% to 63%. this is a cbo report from 2008. nobody's talking about this , so

i get frustrated with the presidential election where we have a candidate saying yeah i'm just going to raise taxes on the 1%. no, i'm sorry that won't even pay for your program, not alone the fact that we cannot afford what we've already promised all of our baby boomers, so let's get real and let's talk real tax policy, because we are just running out of money with the debt we have and the boomers retirement. neil: you know, gary we do know from the reagan example that was just used there, that tax cuts for revenue, the fault with both parties is that they take that revenue and then some and spend it and that's what builds on our deficits but this notion that you can tax any group and consistently raise revenue from that group was squashed in illinois, when they had a tax on the wealthy and a lot of the wealthy left, and that's the similar threat that's happening and hurting states like california, new york, and new jersey, where a lot of those folks are simply moving to

florida or texas or safer financial compounds what do you make of that? >> well here is a neat trick. president trump lowered taxes and somehow, we had record revenues before the pandemic because the economy was so strong and employment was so strong. you know, joe biden wants to do this because he wants to raise $4 trillion over 10 years. i'm thinking to myself, wait a minute. if the economy suffers because of this , he's not going to be raising $4 trillion. he's going to raise maybe 1 or $2 trillion and have a short fall but you said it best earlier, neil and i'll just give you a simple number. in the year 2000, federal spending was $1.8 trillion, and this year before the pandemic was $4.5 trillion, and i must tell you i'd love to see an accounting of every dime being spent because i don't know where it's going. if we don't tackle the spending of the federal government

nothing ever good is going to happen and they are going to find any excuse to tax the living daylights out of us and take profits out of the economy and put it in their hands. neil: all right, just don't trust politicians on both parties have proven with excess spending that it's out of control. guys i want to thank you all very very much. this is an issue that will likely come up in the big debate on tuesday. you might have heard a thing or two about that chris wallace will be moderating that first shebang between joe biden and donald trump, but we're looking at on fox business as well, 8:00 p.m. and the debate itself, and afterward s is sort of a post- game show here if you will. not a game show but it's the only place you can gauge market reaction so what the markets are sensing along with the debate itself is it's a one-two punch we've got you covered, more after this.

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neil: all right, no vaccine, no vacation. one out of four americans are of that mindset that until a vaccine is out there, no way they're going to venture out certainly on a plane to travel anywhere, so the sooner we get a vaccine going, obviously, the more likely, you get people comfortable with just getting over this , and maybe, back to business as normal or flying or doing all of that stuff. dr. anita gupta joins us johns hopkins university school of medicine and by that measure, doctor, seeing even if we get a vaccine out before the end of this year, having it in millions of people's hands, with doses be at least early to mid-next year so they'd be waiting a while to vacation or go anywhere, right? >> well, look, travel, it has caused anxiety for people forever. i mean that's just normal but

look, we will have a vaccine very soon, as we said, hopefully by the end of the year or early next year, but the most important thing here to remember is that we still have to have prevention, and that's highly effective. masks, social distancing, hand washing, whether you travel or not, and those things can help mitigate all the things that we're all concerned about in addition to the vaccine, so, when we have the vaccine that will also be an additional layer of support, but all the prevention measures that we're talking about can obviously be a support to the vaccine when it's out there. now all the companies that are working on it, you know, j & j, pfizer, merck, and all of the others will certainly be hopefully getting us that vaccine very soon and we're all looking forward to the data to review it. neil: you know, doctor, there's a lot of cynics who say that the early vaccine came out already joe biden's raised whether that's politically motivated or under pressure from the president and now of

course there are very strict guidelines that the cdc, fda all these other groups adhere to and i think that's a bit of a slap but when you get people fearing a vaccine, even if there's a good one out that can't be good either. >> well look, you know obviously we're trying to build trust in society and i think that will be in due time but until we have that trust, which comes with awareness, it will come with the data, and it'll come with time, i know that there is due diligence out there , the scientists are working, we have operation warp speed and people are being very proactive, and as a community, as a nation, i think we are doing everything that we can, and i know that the cdc, the tsa are putting out those guidelines so that the u.s. that those regulations. neil: and you should trust them. doctor gupta, thank you very

much great having you on. in the meantime here what's a new year's eve celebration without the ball, without the crowds, only virtual? we're going to find out, because that's the way it's going to be in the big apple.

neil: all right, well, look at the bright side, all of those who like to party, like it's, well, way past 1999 on new year's eve crowded together and i don't know how they manage that never going to the bathroom for that long, well they won't have to worry about us this year because there will be no live times square shout it out, it's all going to be virtual this year, christina partsinevelos on how all that's going to go down. i don't know how they pull it

off virtually but what are you hearing? reporter: well for the first time in 114 years like you said there's going to be no sardine- packed crowds no cheering, none of those funky funky 2020 sunglasses. there are going to be two things that are staying the same, neil. you have officially the ball that will still drop in times square here, and the area, for all of us that live around here, is still blocked off but there's not the usual packed celebration. the president of the times square alliance, does say that this year, there will be significant new and enhanced virtual visual and digital offerings so what does that mean fans have to tune in from home on television or an app. the live events will be socially distanced as an extremely limit ed group of in-person honorees and i still have not heard anything about the confetti yet and it's not the only major event to go virtual. macy's' thanksgiving day parade normally marchs through midtown and have been doing so for

almost 100 years and that's going completely tv-only. they are going to block off a certain area for performances but there is absolutely no spectators. broad way, we know, is staying black until at least the spring of 2021 when potentially you could start to see some theatre halls reopen. you also have the metropolitan opera, the christmas spectacular , radio city music hall as well both canceled this season. we know americans sitting at home watching us right now have had festivals, events, shows canceled across the country. even the olympics in tokyo have been delayed until 2021. you have the latest proposal to scale back the olympics some of the proposals are that they are saying the removal of team welcome ceremonies and possibly fewer spectators at games all subject to approval of course and then even hollywood may not make a comeback. you have the delayed of the much -anticipated black widow

movie as well as steven spielberg's west side story, so more bad news, sorry kids there's also no snow days here in new york so and if anything 2020 is nothing but normal. but, the ball will drop back to you. neil: all right, thank you very much, christina, we just have to make due, after this. an army family who is always at the ready. so when they got a little surprise... two!? ...they didn't panic. they got a bigger car for their soon-to-be-bigger family. after shopping around for insurance, they called usaa - who helped find the right coverage for them and even some much-needed savings. that was the easy part. usaa insurance is made the way liz and mike need it- ...

>> all right, in six hours now, we will know whether this woman, amy coney barrett, a court appeals judge serving on the 7th circuit will be the president's choice to replace ruth bader ginsburg on the supreme court and get her through quickly. now, the president can be pretty good at sort of defying expectations. this seems to be a growing consensus, but there are at least three other women on that short list who could also-- we're told increasingly, judge barrett is the one checking off

the boxes. welcome, everybody, i'm neil cavuto. very happy to have you for a second hour as we follow the supreme court as to who will next sit on the supreme court. let's get the latest from lucas tomlinson. >> hey, we've come a lot of of years since justice ginsburg sailed through on a 9-6 vote, amy coney barrett won't have it so easy. >> they say the biggest thing you can do is the appointment of judges, especially the appointment of supreme court justices. that's the single biggest thing a president can do. [cheers and applause] because it sets the tone of the country for 40 years, 50 years, i mean, a long time. >> if confirmed the 48-year-old louisiana native from new orleans would be the youngest supreme court justice since clarence thomas in 1991. she has seven children and comes from a family of seven as well. she graduated first in her law

school class from notre dame. named distinguished professor there three times and the first justice since ginsburg to the only three liberal swing. and the chicago based court of appeals in 2017. confirmed 55-43 with democratic senators, tim kaine and joe manchin voting for her. and the she clerked for the late justice scalia and her faith has been the target of some, and took heat about her catholic faith from dianne feinstein. the constitution pr exhibits her religion, no religious test should be required as a qualification for public office in the united states. and they say they have enough to vote and may pick up a democrat or two, maybe manchin.

neil: and i want to tik tok a little bit. because to get it done by election day, that's a little bit of a leap. republicans say they can do it. >> it's going to be tight in the next 38 days to do this and this will be like the brett kavanaugh process on steroids. the republicans were ready to forge ahead once they had 51 votes. and mitch mcconnell is criticizing democrats for having made up their minds, listen. >> every single time no matter how upstanding, no matter how qualified, no matter their views, or record, every nominee gets the insane treatment so long as the president who nominated was not a democrat. when democrats nominate someone, this doesn't happen. >> they were okay forging ahead so close to the election without knowing the name of the nominee, the senate confirmed amy coney barrett for the 7th court of appeals, 55-43.

the senate on firmed another contender, barbara lagoa late last year and 80-15. in other words, lots of democrats supported lagoa. however, fox has told such a robust vote actually undercut lagoa's chances for the high court. as lucas says this will tip the balance the court from 5-4 in favor of the conservatives, to 6-3 in favor of the conservatives here and this why both sides are so energized. the republicans are saying this is a good thing and they're pro-life and believe that the nominee will support that issue and the democrats are concerned about obamacare. there's a big case before the high court in november and they fear it could undercut the affordable care act. neil. neil: we're talking a lot about the republicans and alignment on this. i know lisa murkowski and susan collins not for the process, but don't know how they'll vote in the end. leaving that aside any

democrats picked up? we talked about jones in alabama, courts who won that seat in what was a miracle because the republicans screwed that up. but joe manchin as well. any possibility of democratic votes here? >> very unlikely. i mean, they would be the first two candidates you would look at here. joe manchin, a moderate democrat from west virginia. president trump carried that state winning every single county and almost got 70% of the vote, but joe manchin was reelected in 2018 and says he doesn't like the process and doesn't like them forging ahead. he says it's contradictory to what republicans did in 2016 with merrick garland so he's not going to vote to confirm this nominee. same thing with doug jones. doug jones is the most embattled democratic senator in alabama. there was a poll that had him ahead of tommy tuberville, the former coach at auburn for the republican nominee, but doug jones says he's not willing to forge ahead. if that poll is correct, if you

actually have a really competitive senate race there, that's a republican state. you know, this is the type of senate race where a nominee, a conservative nominee could have an impact. that's going to be key in alabama if that poll proves to be true with doug jones over tupperville. neil: and a quick reminder if you can help me with this. the fact that lisa murkowski and susan collins aren't fans of doing this now doesn't mean they wi they won't vote on the president's pick. >> no, sometimes you have proceedings and a proceedal vote, i'll proceed, but oppose the actual issue. here they're opposed to doing this at all. neil: all right. chad encyclopedia bergram, thank you for helping out. he works seven days, no problem for him. i want to go to bob casey, a

democrat, catholic and pro-life democrat at that. good to have you. should this issue of religion come up as it did in the case of judge barrett when she was getting confirmed for the court of appeals. what do you think? >> no, neil, i think the big issue that's going to come before the american people in this confirmation is the most urgent near-term and i think consequential issue and that's the affordable care act. that will be an argument on november 10th, and it's been the president-- this is no secret, it's been the president's objective and i think the congressional republicans to get it overturned and destroyed protections for preexisting conditions. i think that's going to be the focus for the confirmation fight, but there will be other issues, i think that's where it's going to go. in our state of pennsylvania, you know it well, we've got five and a half million people with a preexisting condition and over a million people who

gained coverage under the act after it was implemented. neil: so, but you're thinking that democrats should stick to that and not make abortion a central issue? because, i mean, a lot of people sort of now cannot forget dianne feinstein's comment the dogma lives loudly within you. senator, do you think it went too far last time and that it would be wise to avoid the issue altogether, maybe focus on the health care act and where that's going and avoid this entire debate here? because it looks like a political disaster for democrats if they chose that. >> neil, i can just tell you what my focus will be and has been in these confirmation fights the last couple of years. first of all, there are a long list of potential nominees who are on a list that was developed and the president says in 2016 he would only choose from a list that was developed by the federalist society and heritage

foundation. i represent a state of a lot of working families and workers and unions, and heritage has called unions cartels. so, i don't want a supreme court that's chosen by groups like the heritage foundation. so that's going to be my focus about the broad scope of what the nominee believes in, how they would rule. and what their determination would be on the big issues that affect so many families. but i think the main issue for most americans right now is, will i have protection for pre-existing condition or have coverage. you know under the old law, the old regime, so to speak, of insurance law, that an insurance company could make a determination to drop you, to charge you more or not even to cover you if you had a preexisting condition. now we've got not just 135 million with preexisting conditions, but potentially 7

million more at least because they have covid-19, likely a preexisting condition. neil: you know, some of your colleagues are so upset about speeding this process up or doing it now, less than two months before the election, that there's been talk, senator ed markey of massachusetts, drop the filibuster, pack the court. where are you on these issues? >> well, a lot of those debates, i think, neil, are going to transpire down the road, if we have a senate majority there will ab lot of issues we've got to debate. i think when you-- >> and those two, if you did get a majority, senator, the democrats got the majority in the new senate, would you advocate that, what's fair play is fair play, they did this to us, go ahead, try to pack the court, go ahead, try to blow up the filibuster? what would you advocate? >> neil, i guess i see it in a different way, i don't think

it's a question of response 0 to what senate republicans have done. it's more in the vein of how we move the country forward and so, i'm certainly open to discussions about filibusters. no question about it. i'm just speaking for myself. but i think we've got a long way to go. the most important focus for most americans right now, i would add to the pay fordable care act, what most americans are worried about right now is the virus, right? i mean, we've got a record number of cases, we've got 4% of the world's population, 21% of the deaths and i think americans right now, if they asked us what-- if you asked them what they wanted us to do, they would not say ram through a supreme court nomination, they would say help us on the virus and on jobs. we've got the highest unemployment rate in pennsylvania since 1983. were you barely born then. so it's a very high unemployment rate. >> and an incidence of the

virus. i issued a report on nursing homes, you can't read it from where you are. we looked at just july and august, 11 nursing homes deaths an hour in the united states of america. i wished the president and his party in the senate would say, the most important thing we can do in the last few days of september and all of october, is get a relief bill for folks who are hurting and get that nursing home death number down. neil: real quickly, everyone assumes all democrats are going to vote no on whoever the president chooses for the supreme court, are you a given no? >> well, neil, i've got real deep concerns for any nominees picked by right wing groups. i raised those issues before in the two, in both the gorsuch and kavanaugh confirmation fights and here we are again. neil: that sound like a no. >> well, we'll see and obviously, we don't know for sure who the nominee is yet.

neil: all right. senator, thank you coming in on saturday. appreciate that, be well, be safe, be healthy. >> thank you. neil: senator bob casey from the beautiful state of pennsylvania. the president will be making the announcement less in six hours, from now we'll be covering that live on fox 5 p.m. eastern time. another night of disruptions in louisville, kentucky and now fears that they could see another night after that. what's a business owner to do if that's where you are? we'll talk to one. it's official: national coffee day is now national dunkin' day! celebrate with a free medium hot or iced coffee with any purchase on september 29th.

>> all right, i want to take you to washington right now. the reverend franklin graham is having a press conference ahead of his prayer for america that's going to be at the lincoln memorial. it's going to be a 1.8 mile march through the national mall

in washington. they're expecting thousands to attend. he's urged those who will be marching and will be attending to pray out loud so the lord can hear you. he says he wants to bring all sides together in a country that's fractured and apart, which is probably an understatement. we'll be monitoring that very, very closely when it starts in the next half hour or so. and it's divided, the country of course the latest example is these riots that have been occurring, protests more to the point in louisville, kentucky, post the breonna taylor decision where none of the officers involved were found criminally liable. nicholas, the general manager of the joy luck restaurant in louisville. i think, nicholas, your restaurant has been closed over the last couple of nights. are you still planning to keep it closed tonight? >> we've actually not been closed, just closing down earlier to comply with the mayor's curfew here louisville.

neil: what have you seen? is your restaurant holding up, those around you? how is everybody doing? >> after the initial bit, we've been holding up and everybody is kind of business back to usual and keeping around and hoping for the best. neil: when you do close ahead of the curfew, how do people feel about the curfew? that robs you a lot of business, i'm sure it's a busy time as well. how do you balance that? >> well, with covid we've been kind of, we've shortened our hours anyway because people haven't been coming out as late. so thankfully the curfew hasn't affected us too greatly. neil: any damage to either yours or other facilities, stores in the area? >> there's a paint store that had a window busted out, a gentleman that's got a small business for shaved ice, they busted his window for the second time this year and just a couple of glasses on our patio and we escaped most damage, thankfully.

>> now, i know that the governor had accepted help and the president's guardsman in the area. and i don't know if they'll be sort of ever present tonight, but do you like that idea? >> yes, i like that idea, especially downtown, considering that's where they're staying right now. this was just the initial group of people after the verdict was released on what the grand jury decided and with the attorney general. neil: you know, it occurs, as you said with the virus, that i'm sure dicey times, but for you, nicholas, with the restaurant and shop owners in the area here, but it does seem that compared to other outbreaks that we've had or protests that we've had they're decidedly calmer so far, but you're right there. what would you say? >> this is just interesting that it happened in the middle of broad daylight. most of these protests only started getting violent toward the evening, but this was somewhere between 3:00 and 3:30 in the afternoon.

as you see in the video, everything is wide open, bright and daylight. neil: and i've heard reports say-- i can't tell, you're there and you know far more than i. outside groups coming in, what they call appointment protesters who have nothing to do or who have no connection to louisville. do you know anything about that, or whether others others are sort of stirring the pot here? . i can't confirm that, but based on the actions, and fairly sympathetic to their views, and it's sort after liberal location in louisville, and everybody has the same thought of not agreeing with the verdict. and i want to say the people coming through the highlands and destroying it because i know they wouldn't want to do that. neil: and the curfew, they would think if things go well to lift it by monday, is that your understanding as well?

>> yes, that's my understanding as well. that it's just a 72-hour thing from the releasing of the verdict. neil: all right. nicholas, i want to thank you very, very much. i hope you get back to business and everyone peacefully trying to get through this together and the manager of the joy luck restaurant in louisville, kentucky. all right, we're still waiting on that supreme court announcement, the president will outline at 5 p.m. eastern time. about five and a half mouhours from now. a lot of democrats aren't too keen on this happening now. you heard senator casey from pennsylvania who isn't a fan, but it is what it is and he doesn't want abortion and religion to be an issue as much as what's going to happen to the affordable care act. other democrats aren't being so sanguine about it and are planning revenge on republicans, especially if they were to seize the united states senate in the election. some ideas, some thoughts and some examples after this. ♪

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well, how dare he, pretty much the response to the president of the united states naming a replacement for ruth bader ginsburg who died a week ago. and they say it's it's in poor form and that mitch mcconnell did a 180 when he prevented merrick garland for having a hearing on capitol hill 10 months before the obama administration ended. that's a different setup now, it is what it is. a lot of democrats so unhappy on this, some are suggesting if they get the senate majority, now what? we pack the court, we blow up the filibuster, you know what

we do anything and everything to make hellish as difficult as possible for republican. join the former assistant attorney general. tom, always good having you. i'd like to go by the threats one by one if i may and the packing the court idea, memory serves me right, historical memory, franklin roosevelt tried to do that and even got bitter opposition from fellow democrats. could that work today? . well, president roosevelt learned the hard way it's a bad idea to tamper with the size of the supreme court. and i understand why democrats are upset. i think expanding the size of the court, packed the court would be a terrible idea, a destructive idea. the supreme court has functioned well over a century perfectly well with the justices and if it expand or contracts, depending on which party is in power that's not the system that the founders

envisioned. neil: but what's the magic of nine? i know it's the way we've gotten use today thing in roughly the last century, but as few as three or four members, we've had more than nine a couple of times. when and how did we settle on nine? >> well treally settled around the time of the civil war. you're right in that there have been small adjustments to the size of the supreme court much earlier in our nation's history for the supreme court for a long time now has been settled on nine justices. i think wh when they speak to it, nine is a number that works well. if you had a gigantic court, of 20 or 30 justices, you could see why that would be difficult. that would be difficult to have arguments. difficult to have deliberations and i think that nine is a workable number, it's the right number and the number that our nation has grown accustomed to for more than a century. neil: and be careful, packing the court. republicans could do the same thing when they get the chance.

leaving that aside on the upcoming confirmation hearings, we're told they're going to be, you know, easily done by the election. are you similarly confident? >> i am confident that they will get this done. the constitution doesn't prescribe any particular procedure. it obviously gives the senate the role to advice and consent and historically the way this has been done the senators individually meet with the nominee, get to know him or her, you'd have hearings before the judiciary committee and i suspect they will try to replicate that process to the extent that they can. i don't know if they're necessarily going to be in-person, they could be virtual meetings. i think the whole cycle is going to be compressed, but at the end of the day i suspect that the senators are going to get to know judge barrett, judge barrett pretty well by the time it comes for a confirmation vote. neil: normally, even though she's been well-vetted and

assuming it is judge barrett, as you indicate there's no guarantee of that, that seems to be the consensus. they'll look for new wrinkles in her background and her religious background more to the point. she's a member of the group that people praised and a movement within the catholic church itself supported by among others pope francis i should point out. leaving that aside, they seem to be hinting that it's almost like a scientology click. does stuff like that that pops up get traction? i'm not saying like kavanaugh and what he was doing back in high school, but an outside issue that just gains steam? >> i don't see it happening here with judge barrett, neil. we saw a preview maybe of coming attractions during her confirmation for her current job in which some the democratic senators questioned her about her faith, and i think much has happened, in fact we did that to john f.

kennedy when he ran for president, people were rising these questions. i think it back fired on democrats and pushback, just because someone is a person of faith doesn't disqualify them from office and i think that judge barrett argued that she's capable as americans are, to separate her beliefs of religious faith to apply as a judge neutral. >> thanks for reminding us, john f. kennedy, 60 years ago, he was addressing the controversial issue of a catholic running for president of the united states. i believe he got elected. tom, thank you very much for that. take you to the nation's capital. they're getting ready for a national day of prayer, more importantly, a prayer for america, led by franklin graham. we'll get the latest, who is showing up, how many are showing up from leland vittert right after this. stock slices.

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>> all right, they're calling it a prayer for america. it starts at the lincoln memorial here and they've gotten huge crowds for this thing and i don't believe it formally kicks off. another half hour from now. leland vittert is there, america news headquarters. that looks like a big crowd. >> a gray fall day in america,

franklin graham, hurting, people are divided and spirits of uncertainty around us. let's join together and do the most important thing, pray. this was franklin graham in 2020. and it was 1952 that frank lip's father billy graham came to the capitol and said we need add national day of prayer and after that we had a national day of prayer. this goes from noon to 2:00 and starts at the lincoln memorial. we have a map. lincoln memorial around world war ii, past the washington monument, past the white house, the national museum of african-american history and culture, natural archives and then the u.s. capitol. at each stop, they have different things that they say, that they are focused on praying about and are encouraging folks to pray out loud so the world can hear them, neil. neil: leland, i know separately

there was supposed to be a democracy campaign, a lot of world war ii vintage fighter jets that were going to be flying over the capital in sequences. weather canceled that event, is that right? >> yeah, there was supposed to be a real cool flyover of the vintage world war ii plans to mark the 75th anniversary of the end of world war ii and weather canceled that because of the low clouds here in the nation's capital. it's been raining on and off all day. so the thousands or tens of thousands of people who have come out for the prayer march would have seen that as the planes flew over the national mall. we've got folks coming from across the country here for this prayer march, neil. all the way from nashville. one cull telling the nashville nbc affiliates. we want to be part of god's purpose on this earth and praying for this country because we believe we're at a turning point in this country.

neil, as you travel this country and talking to folks on the both sides, left and right as we'ven about covering this election, perhaps the only thing that everybody does agree on is that we're a divided country and that we're at a turning point. neil: yeah, you're right about that. but as john kennedy used to say, we all breathe the same air when all is said and done. we all breathe the same air. >> a point. neil: and as we keep a close look not only the president's pick in five and a half hours, who will be the new-- who he wants to become the new justice on the supreme court, but also, that big debate that is coming up on tuesday. the pressure on each candidate to perform well, sometimes it comes down to a matter of style. sometimes a memorable turn of a phrase, and sometimes just who gets in the other guy's face more. we're on it after this.

>> all right, a bit of a cur-- kurfuffle when donald trump was asked about accepting the results. and what about joe biden. will democrats accept the results of the election. >> it's one thing-- not to liken, not the same thing is not accepted. and hillary clinton accepted it. did she like it? no, she didn't like it. did i like it, no, i didn't like it. neil: but she's telling joe biden don't concede right away, fight, fight, fight. if you heard donald trump say that, you would be aghast, right? >> no, i would not be aghast. what she was advising that al gore was too quick to concede.

i still believe that if al gore had not rushed to concede the florida election, i think he would have won. neil: okay. well, that's neither here nor there, but the fact of the matter is, and an amount of attention paid to a president who has reservations about the final results of the election if he's concerned whether they were controversy-free, but do democrats get a pass by a, not even being asked the question or reminded of the fact that it was democrats who four years ago could not comprehend that they had lost an election that was supposedly theirs. so, two can play that game, can't they or can they? let's ask susan crabtree and mark back a former clinton advisor and much more, and fundraiser. susan, to you on that and this expectation that no matter who wins, there's going to be a lot of fighting, we might not know and likely will not know

election night and the protests will go on. it's another leap to say they will fight it until the end of time. what do you think? >> yeah, i think that you have to have an end session to have a smooth transition of power and transfer of power, but also, the mail-in voting this election is really unprecedented. in california, for instance, it's not about a-- after the post mark date you have 17 date. the counties have 17 days to get those mail-in ballots in. what's going to happen with all the mail-in ballots floating out there in the election. we won't-- i talked to a republican consultant who said by thanksgiving we may be eating our turkey, but we may still be counting ballots. i don't think we should expect the normal election night this time. i think we should be expecting weeks and weeks and lawyers are

going to be getting involved. hold on we're in for a long ride. neil: to that point, we know at least six of the battle ground states mail-in ballots are going to be double than collectively from four years ago and maybe 100 million or more of them and some of those states, pennsylvania struck me as interesting, the ballots have to be postmarked by november 3rd election day, but they have until the 6th to count them all. i'm simplifying it here. that could be messy right there, right? >> no, i'm very concerned about the whole thing here because we don't have any science for really understanding what could be in those ballots and we have no way of predicting what's accurate or not. we have very good science for sampling precincts and predicting once the samples are counted. there are uncounted mail

ballots out there for days and days, this could create an unpredictable and potentially unstable situation here unless both parties get together now and say, hey, let's hold our breath here, we'll both have legal teams, we're both going to review it on an orderly basis. neil: you know, when i look at it, noel, the problem is there's no universal standard on the mail-in ballots. in pennsylvania, for example, gives you the 6th to count them up. it might be very different from another state where they're counting them as we speak, as they're coming in. and then there's the issue of the naked ballots versus those that are sealed in another envelope. you know, to make sure the identity of the voter is never known. so you could easily argue, either side depending on the state and it might be a crucial state, a battle ground state, they'll never settle this. it could go on and on and on. what happens? >> neil, you're exactly right.

and i know-- i had a dinner in new york with about 10 individuals, four of them were major donors to the republican party, and we were talking about issues that were most concerning to us pleading up to the election. the number one issue that everybody was very concerned about was not knowing the election results on election night. and you know, this is very concerning because i feel like we've never had a time in history where, as you know the donor class, individuals, voters, we're expecting, we're actually expecting not to know the results on election evening. the question is, neil, when do you, you know, when do we think there might be election results? which means does president trump or say, if it leans biden's way, i guess he could stay and stay and stay until they resolve it. i'm not sure that we've dealt

with anything like it, but it is crossing everybody's mind that we are probably not going to know the winner of the election on election night. neil: susan, you know, all of this could be put to bed if someone wins in a landslide and a lot think it's a moot point, some think it's unlikely, but stranger things have happened. and the results of the debate and the president's push to get a supreme court justice in there before election day, how that changes the complexion not only of the debate, but the issue that could galvanize voters. what are you hearing and thinking? >> that's why i think the republicans are moving forward with this so quickly. we need to have-- not to have a constitutional crisis after the election. we need to have a full complement of supreme court

justices, nine supreme court justices active in their roles so they can determine what will happen. as you know -- the supreme court played a critical roar in gore v bush and we expect the same thing again. it could very well happen this time around. so, why not make sure that they have a nine judges seated there. that's the republican argument. of course, the democrats don't like that because they're transferring rbg's seat, a more liberal judge, justice, for possibly amy coney barrett who looks likely and she's far more conservative, especially when it comes to abortion-related issues. so, that's the situation that we have right now. neil: yeah. mark. do you think this is the kind of thing that could, would, go to the supreme court? it's 2000 if that's the case. >> do i think it could go to

supreme court? >> i think you're going to see the republicans absolutely hold this vote before the election because it's too unpredictable after the election, will their caucus hold, what happened, who won. right now they can say they have both chambers. they have a legal case here. and so, i think, look, these hearings are going to be incredibly important, they're another variable here in the year of virus, violence and vaccine and could end up in the-- i don't think, i think it will go more smoothly than people expect because i think that biden want this fight to cloud his fight to get to the presidency. neil: all right. we'll see what happens. there's no way of telling, but it's going to be interesting. it's going to be a long night regardless. i want to thank you all very, very much. which could explain why more people are interested in praying right now not only about the future of this

election, but the future of this country. thousands galvanized outside of the lincoln memorial here for what they're simply calling prayer for america. all are invited. [applause]

>> you can disagree with somebody businessed on whether they're pro-life or pro choice, but when you start to say that you're against them because of their religion, in this case their roman catholicism determines their point of view, you're doing something abhorrent, is bigoted, un-american and incidentally is unconstitution unconstitutional. neil: all right. so joe lieberman any advice for his former democratic friends, cool it on making religion a

big issue here. maybe senator casey of pennsylvania, a right to lifer himself, a catholic himself, saying that that would not be his approach. he would be looking, for example, at the affordable care act and how the judge, whether it's amy coney barrett or no matter who the president is choosing, barrett seems at least the consensus lead candidate right now, would handle that and whether it should be torn apart as the democrats have been charging republicans are doing. anyway i'm happy to have a former clerk for justice ruth bader ginsburg. paul, thank you for taking the time. how do you think justice ginsburg would have reacted to the president moving to appoint her successor now? >> well, justice ginsburg said in her last public statement that it was her fervent wish that the seat not be filled until after the election and i

don't think that was a partisan wish. that was an institutional wish. she may have preferences with regard to the next election, but she was focused on the supreme court as a democratic institution that would have legitimacy with the american people and i think that she was worried that if the republicans pushed through another appointment after having taken the appointment of barack obama, the moderate merrick garland, that that would throw the supreme court's legitimacy in question and i think she really did not want that to happen. and i really fear for the future of a constitutional democracy because you have to remember not only are these now two seats, but they're two seats that are being filled by a president that didn't win a majority of the vote and by a senate where the 53 republicans actually represent fewer votes, fewer people voting for them

than the 47 democrats. so-- >> well, now, i do get the arguments, i do get the arguments here and we have the electoral vote and that's the issue there, but i do, paul, want to get-- rumor had it that she was-- she could have resigned when barack obama was president. did she give thought to that? >> i don't know. i do know that she loved her work more than anything in the world. she cared about moving incrementally, step by step. she was a institutionalist at heart, she didn't believe in revolutionary change. what she believed in was that the culture moved slowly step by step and brick by brick and she want today do that work, and so she wasn't ready to step down in 2012. neil: all right. interesting. paul, i want to thank you very much. tight with time with this breaking news here including later on today, the president naming that successor.

who he hopes to be a successor at 5 p.m. eastern time about five hours from now. the president knows who it is. the rest of us will unequivocally very soon. who is usaa made for? it's made for this guy a veteran who honorably served and it's made for her she's serving now we made it for all branches and all ranks whether they served one tour or made a career of it. we also made usaa for military spouses and their kids usaa is easy to work with and can save you money on auto, home and renters insurance. become a member today. get an insurance quote at usaa.com/quote usaa. what you're made of we're made for

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. >> we are now just hours away from president trump's big announcement. multiple sources telling fox news the president is expected to nominate amy coney barrett to the supreme court. the president's announcement set for 5 p.m. eastern. welcome to america's news headquarters. i'm molly line in boston. >> molly, great to be with you, with you at home. shana shanann-- shannon and bret have the call 4