arthel: new reaction from top lawmakers in congress today on the president's third nominee for the supreme court as we learn more about the timeline the senate is laying out as they consider her confirmation. the president officially naming judge amy coney barrett yesterday to fill the late justice ruth bader ginsburg's seat. setting up a bitter confirmation battle, less than six weeks before election day. hello, everyone. welcome to america's news headquarters. i'm arthel neville. hey, eric. eric: hi, arthel. hello, everyone. thank you for joining us on this mow men tuss day -- momentous

day. i'm eric shawn. joe biden is expected to address the president's supreme court choice, that will happen just minutes from now in bloomington, delaware. democrats say the pick should have waited until after the election and they say judge barrett will gut obamacare and other issues but republicans today lining up behind her and they are planning on a swift senate confirmation vote. we have team fox news coverage for you. chief congressional correspondent mike emmanuel, new reaction to the nomination. jacqui heinrich is in wilmington, delaware. let's begin with mark meredith, standing by at the white house. mark, the white house is very confident that mitch mcconnell does have the votes and the judge will be confirmed quickly. >> reporter: r that's right. president trump says he wants the senate to confirm his nominee before the november election. that's a tall order for the senate. the white house says they think it is possible. on saturday, the president had a chance to nominate judge amy coney barrett to the supreme court there in the rose garden. it was there that the president

had a chance to talk about her personal and professional record, the president insists her re resume and judicial philosophy will be a great addition to the nation's high court. >> no matter the issue, no matter the case before her, i am supremely confident that judge barrett will issue rulings based solely upon a fair reading of the law. >> reporter: now, she is a graduate of notre dame's law school. she had experience clerking for a d.c. circuit court judge as well as for the late supreme court justice antonin scalia. it was president trump who appointed her to the circuit court of appeals for the seventh circuit in 2017. barrett teased what the senate could expect during her remarks saturday. >> a judge must apply the law as written. judges are not policy makers and they must be resolute in setting aside any policy views they might hold. >> reporter: as for president trump, he is at his virginia

golf club today. it's unclear if he's going to be doing any debate prep ahead of tuesday's matchup but he told fox's pete hegseth earlier what he can expect with the face-to-face matchup with joe biden. >> mr. president, the debate's coming up. everyone's going to be watching. how are you preparing specifically? >> i think i prepare every day. i think, you know, when you're president, you sort of see everything that they're going to be asking and they may disagree with you but we've done a great job. >> reporter: the president also on twitter about the debate writing this morning i will be strongly demanding a drug test of sleepy joe biden prior to or after the debate on tuesday night. naturally, i will agree to take one also. the president going on to say that only drugs could have caused the discrepancy that he says with biden's performance on the debate. it's unlikely we'll hear biden talk about this during his remarks at 12:15. you can bet this is an issue that will get more aa tension in the days ahead. the president has more campaign events scheduled this week with

a stop in minnesota on wednesday. eric. eric: mark, you know judge barrett says she is modeling herself over the late justice scalia for whom she once clerked. we'll have joe biden's comments in a few moments. arthel: now we're going to go to mike emmanuel, outside the supreme court with the latest reaction from members of congress. mike. >> reporter: good afternoon. now that the nomination has been made, we expect things to heat up across the street at the united states senate in a hurry. but today, prominent democrats are saying there's not much they can do to stop judge amy coney barrett's confirmation. >> we can slow it down, perhaps a matter of hours, maybe days at the most. but we can't stop the outcome. what we should do is address this now. >> reporter: the plan is to start confirmation hearings in the senate judiciary committee october 12th. the chair of that committee, lindsey graham of south carolina, says outside groups are lining up to fight. >> the money's just overwhelming.

the bottom line is they're under tremendous amount of treasure. after kavanaugh, let me say this, after kavanaugh, they tried to destroy judge barrett at their own peril. >> reporter: so far, opposition to judge barrett's not so much about her, if confirmed the 48-year-old louisiana native, mother of seven, would be the second youngest supreme court justice in history. thurgood marshall was 43. the argument is about potential impact of a six-three conservative majority if she's confirmed and what that majority could mean on issues when an wildfire case is -- an obamacare care is argued at the high court. >> instead of dealing with what's right in front of people right now, that is causing them real pressure, what we have is a rush to judgment to put somebody on the court that's going to take away people's healthcare. >> reporter: a key judiciary republican says democrats will be doing the very same thing if they were in power. >> right now, we have a republican president. we have a republican senate.

if that were -- the shoe were on the other foot, i can assure you senator schumer would do what the republicans are doing right now. as i said the other day, if you don't believe that, you know, you probably peaked in high school. >> reporter: judge amy coney barrett was confirmed to the seventh circuit court of appeals in 2017 so united states senators are clearly quite familiar with her but the stakes right now are much higher. arthel: speaking of high school, it turns out that judge barrett and i coincidental fact, judge barrett's from new orleans, so am i, question went to the same high school. >> reporter: who dat. >> who dat. today we're going to win. thanks, mike. eric. eric: i don't want to ask about the grades. who got what. so we'll keep that later on. great, arthel. in a few moments, democratic nominee joe biden is set to react to the nomination of judge amy coney barrett to the supreme court. jacqui heinrich is live in wilmington, delaware where the

former vice president will speak. we expect democratic criticism of reproductive rights, he said she will end obamacare. the president has made good on the promise to shift the balance of the court to be more conservative. what do we expect to hear from the former vice president? >> reporter: well, eric, biden's remarks should begin very shortly here. he's been keen to link this vacancy to healthcare, amid the pandemic and a bid to pressure senate republicans facing re-election and hopefully push out that vote until after election day. biden warned if judge amy coney barrett is confirmed and the affordable care act is overturned, complications from covid-19 like lung scarring and heart damage could be the next denyable pre-existing conditions, noting that barrett disagreed with the supreme court decision to uphold the law in 2012. democrats hope vulnerable senators might delay the vote until after the election fearing retaliation from voters who could lose insurance. in a message geared at liberal and younger voters, biden warns

the vacancy threatens abortion rights. president trump pledged to appointed justices who would overturn roe v wade. he resisted discussions about defenses democrats are weighing, instead taking questions on president trump's latest refusal to commit to a peaceful transition of power if he loses. >> what will i do? i'm going to -- we're assuming that even a republican court would respond in an appropriate way, based on what the law is. the last thing we need is the equivalent of a coup. i mean, this is not -- this is not who we are. no one is going to back that, if that were to occur. >> reporter: the former vice president is about to speak. i'm going toes it back to you you. -- toss it back to you. arthel.eric: arthel. arthel: actually and jacqui, democratic presidential nominee, joe biden, he's addressing the president's supreme court nominee in delaware. so let's listen in.

>> nevertheless speaks to the unique and powerful impact justice ginsburg has made on our society and her enduring legacy of equal rights and equal justice under the law. shortly before justice ginsburg passed, she told her grand dorks and -- granddaughter, and i quo, my most fervent wish, i will not be replaced until a new president is installed. end of quote. it wasn't a personal request. it wasn't a favor being asked for. it was the last act of a long, unflinching career of standing up for american democracy. never before in our nation's history has a supreme court justice been nominated and installed while a presidential election is already underway. it defies every precedent, every expectation, of a nation where the people, the people are

sovereign and the rule of law reigns. but yesterday before justice ginsburg could be laid to rest and after hundred thousands of americans had already cast their ballots, the president nominated a successor to her seat. it's no mystery about what's happening here. president trump is trying to throw out the affordable care act and he's been trying to do it for the last four years. republican party has been trying to eliminate it for a decade. twice already the supreme court has upheld that law, the affordable care act. and the congress expressing the popular will of the american people has rejected president trump's efforts as well. now, all of a sudden, this administration believes they found a loophole in the tragedy

of justice ginsburg's death. it doesn't matter to them, republicans set the precedent four years ago when they denied even the courtesy of a hearing for president obama's nominee after justice scalia passed after he only passed away nine months prior to election day. didn't matter to them. millions of americans already voting on a new president and a new congress had begun. all that does matter is that they see an opportunity to overturn the affordable care act on their way out the door. and as i speak, we are still in the midst of the worst global health crisis in a century, a crisis that's already taken over 200,000 lives, between 750 of 7d 1,000 lives a day and

countering, and yet the trump administration is asking the supreme court right now as i speak to eliminate the entire affordable care act. the administration filed a brief in the supreme court that concludes, and i quote, the entire aca thus must fall. the entire aca thus must fall. president trump can claim all he wants, he's going to protect people with preexisting conditions. but the fact is, he's already fighting to take those protections away, as we speak. if he has his way, more than 100 million people with pre-existing conditions like asthma, diabetes, and cancer could once again be denied coverage. complications from covid-19 like lung scarring and heart damage could become the next flood of pre-existing conditions used as

an excuse to deny coverage to millions of people. women could once again be charged higher premiums, just because they are women. pregnancy becoming a pre-existing condition again. seniors would see prescription drug prices go up. and the funding for medicare go down. doesn't matter. it doesn't matter what the american people want. president trump sees a chance to fulfill his explicit mission, steal away the vital protections of the aca from countless families who have come to rely on them for their health, their financial security, the lives of those they love. president trump just tweeted an hour ago on my way here, and i quote, obamacare will be replaced with a much better and

far cheaper alternative. if it is terminated in the supreme court it would be a big win for the usa. it should come as no surprise that on saturday, president trump would not name judge amy coney barrett and on sunday lay out clearly what his objective is, to terminate obamacare. the judge has written -- has a written track record, written track record of disagreeing adamantly with the supreme court's decisions on two occasions upholding the aca. in fact, not as a judge, but prior to going on the bench, she publicly criticized chief justice roberts' opinion, upholding the law eight years ago. american people understand the urgency of this moment. they're already voting in droves, because they know their

healthcare hangs in the balance. they understand that if donald trump gets his way, they could lose the right to vote, the right to clean air and water, the right to equal pay for equal work, workers could lose their collective bargaining rights, dreamers could be thrown out of the only country they've ever known. and women could lose the bedrock rightserights enshrined in roe e for 50 years. people are voting right now because they know the very soul of this country is at stake and they know the decisions of the supreme court affect their everyday lives. their voices may not matter to donald trump, they may not matter to mitch mcconnell, but there are senate republicans out there who know in their hearts, if they shut out the voices of those during a voting period, during an election, closing the

door on american democracy thereafter. this is where the power of the nation resides, in the people, in the rule of law, in precedents we abide by. to subvert both openly and needlessly even as americans cast their vote would be an irreversible step toward the brink and a betrayal of a single quality that america is born and built on, the people decide. senate has to stand strong for our democracy. they must not act on this nomination until the american people finish the process they've already begun, of selecting their president and their congress. as i said before, if the people choose donald trump, then the senate should give his nominee a hearing and a vote. if people do not choose trump and choose me, president trump's

nomination should be withdrawn. i should nominate, chosen by a president who has just been elected and by the people to get a fair hearing which would not even occur until early february. confirmation vote. u.s. constitution provides one chance, one, for the americans to have their voices heard on who serves a lifetime appointment on the supreme court. who makes those big decisions about their healthcare, their civil rights and much else. that chance is now. that moment is now. the voters in my view are not going to stand for this abuse of power and if we're to call ourselves a democracy, their voices must be heard. i urge the american people to keep voting. to lote your current senators --

let your current senators know you want to be heard before the vote on confirmation of a new justice. i urge every senator to take a step back from the brink, take off the blinders, the politics, for just one critical moment and stand up for the constitution you swore to uphold. this is a time to deescalate, to put an end to the shattering of precedents that has thrown our nation into chaos under this president. just because you have the power to do something doesn't absolve you of your responsibility to do right by the american people. uphold your constitutional duty, summon your cons conscience, stand up for the people, for the system of checks and balances. americans are watching. americans are voting. we must listen to them now. we must allow them to exercise

this sacred power. so please, listen. thank you. and god bless america. may god protect our troops. i'll take a few questions. yes, sir. >> what should be the consequences for republicans if they force judge barrett's nomination through? >>?>> they should see to it that the american public will vote on the senate races in this election and they'll vote republicans out of office. that's the consequence. that's the focus. that's why i want to make it clear and stay on message here. the clear focus is, this is about your healthcare. this is about whether or not the aca will exist. this is about whether or not pre-existing conditions will be -- continue to be covered. this is about whether or not a woman could be charged more for

the same procedure as a man. this is about people's healthcare in the middle of a pandemic. >.yes? >?you ask me one question. fire away. >> -- [ indiscernible ] >> no, i have not. i concluded that that would put them in a position if they were to vote the right way that they would be compromised because i called them. but i know -- i have great respect for a number of my republican colleagues, my former republican colleagues, and i'm hoping they will do the right thing. >> [ indiscernible ] >> [ laughter ] >> he's almost -- no, i have no comment. yes? >> [ indiscernible ]

>> i am not -- i know you're going to be upset with my answer. but what i'm not going to do is play the trump game. which is a good game he plays. take your eye off the issue before us. if i were to say yes or no to that, that becomes a big issue. that's the headline here. i am focused on one thing right now. i really mean it. i'm focused on making sure the american people understand that they're being cut out of this process, they're entitled to be part of and the cutout designed in order to take away the aca and your healthcare in the midst of a pandemic. that's the focus. that's what it's on. and that's the deal. thank you all so very, very much. thank you. arthel: former vice president

joe biden who hopes to become president joe biden taking questions from reporters. i think he may take one more. let's listen in. >> just tell the truth. thank you. arthel: all right. so before taking those questions, the vice president, former vice president asked all senators to, quote, take off the blinders of politics. and summon your conscience. he's taking issue that the process of nominating another supreme court justice is happening in the middle of an election, reminding people what happened that the senators didn't even consider hearings for president obama's nominee, nine months before the election day. and he also said this really is about the affordable care act, that he's concerned that without obamacare in place, which he believes that republicans will try to repeal, also pointing out that president trump just tweeted about it just an hour ago, he's concerned especially for the 135 million americans

with pre-existing conditions that they will suffer without the affordable care act in place. so what i want to do right now is speak a little bit more about how this confirmation battle is taking shape over president trump's supreme court nominee and i want to bring in tom dupree. tom dupree is a constitutional law attorney and former deputy assistant attorney general. so listen, the democrats, tom, they are afraid that a heavily conservative supreme court would vote to strike down the affordable care act as we know it's obamacare and as get rid of protections for 135 million americans with pre-existing conditions or overturn roe v wade. do you think, though, this conservative court is more likely to outright overturn these decisions or is it more likely that they will erode their effectiveness? >> well, there's no question that if judge barrett were confirmed, it would be a potentially seismic shift on the supreme court, it would

obviously be replacing one of four liberal justices with someone who would be presumably more conservative. i think it would be an overstatement to think within a few months or within a few years of justice barrett taking the bench that the supreme court is going to just start overturning precedence left and right. i think what you might see is a more gradual change, you might see the court chipping away at precedent or narrowing previous decisions. to think within a few days of justice barrett taking the bench that the supreme court will throw out hundreds of cases that have been on the books i think is never going to happen. arthel: still, the end result could possibly happen. so how do the democrats protest the timing of the process, yet still participate in the process, as it is happening, if they attempt to delay or disrupt the hearings could that work against them? >> well, that's the thing. i think even some of the leaning democrats have acknowledged they're essentially powerless at

this point to stop the republicans from moving forward with this process. now, look, assuming senator mcconnell does move ahead with the normal confirmation process, i hope the democrats will choose to participate. some of them have said they're not even going to meet with judge barrett. and i think that's a mistake. i think that's that the senators have a constitutional duty to advise and consent and i hope they would see this as an opportunity for them to get to know her, to ask questions, again, i'm sure she is not the nominee most of them would have made but she is the president's no, ma'am me and this is their -- nominee and this is their one opportunity to inform themselves before they cast a vote on her confirmation. arthel: as you know, they're going to remind everyone who would be listening that just four years ago the senators wouldn't even extend that same courtesy to judge merrick garland, president obama's nominee at the time. but here we are as we are today, in 2020, justice barrett would be joining a majority conservative court. perhaps her dissenting opinions may not be necessary or as

impactful. how might she put her mark on the supreme court and also, tom, given her conservative legal views, how might justice barrett surprise anyone and defy any predisposed notions of how she would interpret cases in the constitution? >> well, i think justice barrett in all likelihood would be very similar to justice scalia in terms of her methodology, how she approaches the law by looking at what the plain text of the statute says, not listening to policy preferences but applying the law and the constitution as written. now, look, that said, just because you are a textualist or originalalist, doesn't always mean you will reach what many people deem the quote, unquote, conservative result. arthel: in what ways might she surprise us. >> look at the justice gorsuch's decision earlier this term where he said the

textualist result led to an outsome that many liberalists celebrated. it doesn't always predict the outcome of any given case. arthel: i could follow up but let me go here. tom, senator -- senate judiciary chair lindsey graham of south carolina expects confirmation hearings on judge barrett's nomination to begin with opening statements on october 12th, that's in two weeks. with approval by his panel 14 days later, which is by october 26th. however, as you well know, senate majority leader mitch mcconnell has not announced a date for the hearings. still, judge amy coney barrett has already been nominated. in 30 seconds, what does this mean for this election in 37 days? >> well, i think it underscores the stakes in this election. it may be that the issue of a supreme court justice will get taken off the table if they confirm justice barrett before the election. then obviously that's not going to be the issue you that would be directly affected by the

election. but, i think most americans are now going to understand that a president has the power to put these lifetime justices on the court. it's immensely significant. and look, if there's a second trump term it's possible he will get another opportunity to put another justice on the supreme court. arthel: you're right, the president has the power to nominate. the senate has the power could confirm or decline. tom dupree, thank you very much. >> thank you, arthel. arthel: eric. eric: arthel, we just heard former vice president joe biden say that if he wins the presidency, the nomination of judge amy coney barrett should be withdrawn. you know, it's going to be a hot topic at the presidential debate on tuesday night. straight ahead, what can we expect when they meet in cleveland, trump, biden, what a matchup. at visionworks we're going aboe and beyond to keep you safe. that includes temperature scan, sanitizing everything and all of our staff wearing gloves and masks. not that mask. this mask.

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eric: presidential debates have left many notable moments. you know there will be some on tuesday nights when president trump and former vice presidents joe biden step on the stage together in cleveland, it is the first presidential debate of this race and the eyes of the nation will be on its. so, what can we expect? brad blakeman, former deputy assess plant to george w. bush joins us, former advisor to the bush, cheney campaign and knows debates and preparing for debates from the inside, firsthand. brad, does biden have to portray the president as a liar who will destroy your healthcare and does the president have to portray biden as daffy who is going to lead rampaging mobs up your street. what do they have to prove? >> i think the president has to show his record of accomplishment. joe biden's record is abysmal as vice president, he's taken credit for such failures under obama in his own name. the president needs to stick to the issues that are on voters' minds and that is covid, the economy, law and order, and now

we have another issue and that is the confirmation of a qualified justice to the supreme court, to fill a vacancy. those are going to be issues on the minds of the voters, that's what the president has to bring home of. this is like a prize fight. you win points by scoring and by hitting your opponent, not below the belt. you have to be able to score points. joe biden is going to run around the ring, trying not to get hit. you don't win that way. eric: and what type of points would you like to see the president make? >> well, he's got to make the difference on the economy, for instance, between a more socialist america or a capitalist america. what works is when we, the people, spend money between us, the velocity of money. what doesn't work is when we send money to the government to spend for us. and by the way, taxing us more. on covid, he has to talk about his record of accomplishment. yes, there have been -- he's been able to manage this crisis.

we're on the verge of having vaccines. i think he's done a fantastic job of living up to the constitution and letting states and municipalities closest to the people make decisions for their people. when you talk about law and order, the president has been there every step of the way to offer help and what we're seeing is democratic cities in chaos. those are the choices the american people have to make. eric: you know, mr. biden will say that the president's a failure, pointing out the very issue you just pointed out, as showing that this, in his view, the presidency has been a failure. >> look, absence from voters doesn't make the heart grow founder. the president's been out there every day leading and campaigning while joe has been in his bunker. that's not the way to campaign. if that's the type of leader he's going to be, absent from duty, awol, if you will, that's the big difference between a president who has led the greatest economy this country has seen but for covid, so i

think on america's minds going into the voting booth is going to be this works do i trust to take us to brighter days and donald trump has a record for that joe biden has an abysmal record of 50 years of government service with very little or no accomplishment. eric: you know, the biden people would take issue with that and obviously he's out campaigning and has been doing so. but finally, brad, are these debates -- do we ramp them up too much? they get down to a sound bite, are you better off than four years ago, no soviet nomination of eastern europe. is it really fair in the whole process when we should be talking about policy. someone's going of to say one thing that everyone will be talking about on wednesday morning. >> well, look, the debates are important this cycle because we haven't had traditional campaigning. the media's not going to be able to protect joe biden. the american people are going to see and hear joe biden without filter. so i think these debates are going to be more important than ever and if i -- i would suggest

make it pay-per-view because we probably could pay off the debt. this is going to be must see tv. eric: that's it. pay-per-view, maybe make the second one that. chris wallace of course the referee of this as you said boxing match. brad blakeman. good to see you. we'll have a lot to say about it after it's over. arthel. it is going to be differ. i know -- i mean, my guess is it's going to be straight attack, going to be mostly personal. it's the only thing he knows how to do. he doesn't know how to debate the facts. he's not that smart. he doesn't know much about foreign policy or domestic policy, doesn't know much about the detail. arthel: joe biden slamming president trump as he prepares for their first face-to-face debate tuesday night. joining us now is joel ruthman, president of the national security and foreign policy firm, washington strategy group and a former deputy assistant secretary of state under president obama.

welcome. so, listen, millions of americans will tune in to the first debate on tuesday. moderated by chris wallace. but given the president's proclivity for performance, are people expecting a show or substance in terms of information provided by the candidates? >> thanks, arthel, for having he me. i actually think it's going to be a combination and going to what bradley said a moment ago, it's definitely going to be a brawl. i think that what we're going to see are shots taken by both sides, where vice president biden is undermining president trump's sense of his accomplishments and president trump is going after vice president biden in a personal way and it's going to be really hard for the moderator, for chris wallace, to keep them on point which is the whole goal of this debate which is to show americans what we're going to get from our next president in dealing with the incredible array of difficult issues that we've got right now. arthel: i mean, biden has to lay that ought for the american people -- outs for the american people, why he is the right

president for this time and if president trump is planning, joel, if he is planning on personal attacks and labeling which worked for him in 2016, given that we're in the middle of a pandemic, more than 200,000 americans are dead due to covid-19. will the majority of americans want to hear answers from the president, why are we in this situation four years into his administration and how will he move us forward? >> yeah, i really do. i think for americans right now, first of all, it's important to remind all of us that there's not an election day anymore. this is election season. voters are already casting their ballots right now. for americans, they may watch this debate and go out and vote the next day with their mail-in ballot or early voting and we want to know what it is they're going to do. democrats in particular, we do want to see president trump directly confronted over his record on coronavirus by vice

president biden and to have him explain how he got us into this disaster that we're currently in with no clear pathway out except for the hope for a miracle vaccine which could take years for all of americans to get anyway. so we're going to see a lot of this kind of pushing and i think there's going to be a lot of direct argument and confrontation and my hope is that we're going to actually hear some answers of. and i think that's where vice president biden has an upper hand. arthel: final question for you, joel. is joe biden ready to take on the problems that persist? i mean, how would he change the direction and decorum of our country and could he still be effective with crossing the aisle, which is wider, much wider now as we both know and securing bipartisan legislation for the sake of the people, can he still do that given the climate of politics these days? >> it has to happen. we have to have a leader in the white house who reaches across the aisle and works with both sides. i think that's why we're seeing leading republican figures

including cindy mccain recently and national security leaders across the board, former military leaders endorsing joe biden saying he's the kind of person that can engage diversity, can engage senate republicans, can work with the groups across the country that need to be engaged to be brought in together. his theme of healing the nation is something that basically is his personality, it's what he's about and it's what even people like lindsey graham used to say was the best part of joe biden. hopefully that's the kind of ethics that people will see on tuesday night, that the fight will be there but that they'll really see the owns o essence oe man and both men and americans judge for themselves who they want sitting in the oval in january. arthel: can we talk about it after? will you come back. >> happy to. absolutely. arthel: thank you, joel. eric. eric: well, you know, arthel, we just heard former vice president joe biden minutes ago saying that obamacare is on the chopping block, he says.

but judge amy coney barrett -- if judge amy coney barrett is seated in the supreme court. she has expressed opposition to previous court decisions that upheld it. what will she do when the affordable care act is argued november 10th. we'll look at that, straight ahead. ♪ ♪

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instead of paying thousands. all commission free online. schwab stock slices: an easy way to start investing or to give the gift of stock ownership. schwab. own your tomorrow. >> the trump administration is asking the supreme court right now as i speak to eliminate the entire affordable care act. the administration filed a brief in the supreme court that concludes, and i quote, the entire aca thus must fall. eric: that is of course democratic nominee joe biden in the last half hour, warning that obamacare is in danger if judge y coney barrett is confirmed to the supreme court. so, how could she rule? ken baker is an axios editor and joins us now.

could you imagine being in justice robert's shoes. the new excide in the class will -- kid in the class will show up and she has expressed reservations regarding your rules regarding obamacarement. she has criticized it. how do you think she will rule november 10th, that's when the hearing will be on the affordable care act. >> that's exactly right. this is the third time that there's been a make or break case on the future of the affordable care act at the supreme court. chief justice roberts did it himself the first time, had a little bit of help the second time. all of the conventional wisdom, the thinking has been he probably would side with the liberals and cab it for a third time -- save it for a third time in this case. he alone with the liberals probably won't be enough to save it. the conservative justices, the more co conservative justices cd strike down the law without

chief justice roberts. it really puts us back in the situation that i remember well from 2012. eric: yeah, let's take a look at what she has said, what she has written about it. she wrote in the texas law review, this. let me quote. the court is a multimember institution whose members have life tenure, factors that work together to contribute to the continuity in the law. to be sure, overruling precedented is disruptive but some instability in constitutional law is the inevitable byproduct of tourism, seems to indicate she could move to do that. she said justice roberts, quote, pushed the affordable care act beyond its plausible meaning to save the statute. here's what she wrote when she was in notre dame. chief justice roberts found himself in the opposite side of staunch textualist because of his ability to depart from the

clear text to serve the statutory purpose. the statute known as obamacare should be renamed scotus care in honor of the willingness to rewrite the statute to keep it afloat. scotus-care is what justice antonin scalia said. she clerked for him. the indications are pretty strong she would vote against anything supporting obamacare. >> they seem to point that way. this case is -- the legal basis for this is different from where we've been before and the law is different from where we have been before. this is sort of a referendum on the way republicans change the affordable care act in 2017 when they zeroed out the individual mandate. so the specifics of this case are different. they are certainly as you said, does seem to be a willingness in her record to -- or a lack of fondness for the affordable care act. eric: we'll see what happens,

november 10th. first she has to get on the court, get passed that we'll see what happens. sam baker, good to see you. thank you. >> thank you. eric: arthel. arthel: thank you. protests turned violent in louisville over the police shooting of breonna taylor. dozens arrested as new body camera videos surface raising questions about the investigation.

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arthel: police in louisville arresting at least 25 people during a fourth night of protests over the decision to charge one of three officers linked to the fatal shooting of breonna taylor. some protests turning into riots when people set fires, broke window, and spray painted graffiti. brian llenas is live in louisville. brian. >> reporter: arthel, good afternoon. yesterday's protests, there were hundreds in downtown louisville and they were peaceful. at about midnight a small group of protesters came out of a church and started burning plywood shields, they lit a car on fire which had fireworks inside. they broke windows at spalding university and there was some graffiti spay painted on the buildings. the 25 arrests, most were because of curfew violations. there is a 9:00 p.m. curfew in

effect. vice news obtained hours of louisville metropolitan police body camera footage showing police officers inside breonna taylor's apartment in the aftermath of the shooting that left breonna taylor killed. in one clip it appears to show now former lmpd detective brett hankison inside taylor's apartment which was an active crime scene and a this is against louisville police department policy. he asks one officer if they found a long gun and whether the bullet casings on the floor in the apartment were theirs. s.w.a.t. team members asked him to leave. the piu is tasked with investigating officer-involved shootings. remember, hankison was fired for shooting his weapon 10 times, some of those bullets going into an apartment nearby. now, he was charged with wanton endangerment. according to louisville police policy, officers involved in a

shooting are to immediately be separated and paired with an escort officer. according to vice, the footage shows that none of the seven officers that were involved in this raid were separated according to what was supposed to be louisville policy. so we shall see. this is important. because breonna taylor's family is calling on all of this police footage to be released because they have questions about the investigation. arthel: thank you you very much, brian. and we'll be right back. od morn. good morning, blair. [ chuckles ] whoo. i'm gonna grow big and strong. yes, you are. i'm gonna get this place all clean. i'll give you a hand. and i'm gonna put lisa on crutches! wait, what? said she's gonna need crutches. she fell pretty hard. you might want to clean that up, girl. excuse us. when owning a small business gets real, progressive helps protect what you built with customizable coverage. -and i'm gonna -- -eh, eh, eh. -donny, no. -oh.

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eric: well, we're gearing up for the presidential debate moderated by our own chris wallace. we'll have coverage and analysis all day here on the fox news channel. for arthel and myself, thank you for spending time with us. ♪ ♪ harris: welcome to "outnumbered overtime," i'm harris faulkner with a special edition on a sunday. the former vice president has just spoken, as you know, and he laid down an interesting political gauntlet for president trump. he said he'd like to see the president hold the name, the nominee for the u.s. supreme court of amy coney barrett. we are just two days and eight hours away from the first debate between president trump and joe biden in person on a stage, obviously, socially distanced from one another and our own chris wallace there to ask questions.