back and say wait until after the election. there is no precedent for the senate confirming a justice 22 days before a presidential election. >> dana: thank you so much. i have to let you go. i'll never call you a jack wagon ever. >> bill: nice to see you, see you at five. monday, here we go. >> good afternoon, i'm bill hemmer, i hope the weekend was enjoyable. the campaign looks a lot different. can republicans confirm barrett to the court in 22 days? day one of the confirmation hearing is in the books. president trump meanwhile getting ready for his first campaign trip since getting covid. hosting a rally later tonight. first stop in a battleground blitz. joe biden meanwhile is in ohio.

reporting this hour from the white house, more in a moment here. we'll begin with our chief legal correspondent shannon beam reporting live on the hearing. good afternoon. >> this is a totally different scene than we had the last time we were here. it was packed with protestors, chants, and cries. it was chaos at times. it is very quiet and socially dividend. the there are clorox wipes, hand sanitizers. it did you not mean they aren't going to go hard at her. for the first time a lit of americans got to hear from the nominee herself. sheers what she had to say and noting she follows some very big footsteps. >> i have been nominated to fill justice ginsberg's seat but no one will ever take her place. i'll be forever grateful for the path she marked and the life she led. >> judge, talking about the

similarities, they juggled family and very prominent legal careers. she's hoping to follow her footsteps to the bench of the court. democrats have a couple of lines of attack. one, the entire process is a sham or unconstitutional. they also keep highlighting this case. the affordable care act that will be at the supreme court november 10. there is a very good chance that judge barrett will be justice barrett by then. democrats today told story after story talking about everyday americans they claim stand to lose their healthcare if she joins the bench. a lot of court watchers disagree, that that's what the case is about or that's how wait turn out. another line of attack came in this form from senator richard bloomenthaul. >> it would immediately do explosive enduring harm to the court's legitimacy and to your

own credibility. you must recuse yourself. >> only a justice can make that decision. no one can force to him and it raises the question why wouldn't justice gorsuch and kavanaugh have to recuse as well. they are both trump appointees. moving on there are libals out there that say even if we don't agree or anything, you can't take away from her that she's qualified. feldman of harvard who actually clerked at the court at the same time she was clerking for scalea, he said amy coney barrett deserves to be on the supreme court. she's brilliant. most folks across the spectrum saying barring any outrageous surprises or things we already know arguments she's likely to sail through confirmation. it doesn't appear the democrats have many tools at their advantage to stop her, bill. >> bill: questions begin tomorrow morning. nice to see you. shannon bream on the hill.

kristen fisher from the white house. afternoon to you. >> good afternoon, bill. president trump was clearly watching the confirmation here for his supreme court nominee. he even tweeted out some advice in real-time for republicans on the senate judiciary committee. he tweeted, "the republicans are giving the democrats a great deal of time which is not mandated to make their self-serving statements relative to our great new future supreme court justice. >> just six days after president trump pulled the plug on stimulus negotiations until after the election his top two negotiators are calling on congress to immediately vote on a small relief bill while they continue to hash out a bigger one. in the meantime president trump is just hours away from heading back out on the campaign trail. back to those big in person rallies for the first time since testing positive for covid-19. over the weekend president trump said he feels great. he believes that he's now immune to the virus, but the white

house physician still has not put out a statement confirming that president trump has actually tested negative for covid-19 and the president now has four rallies over the next four days. it's an aggressive schedule 22 days before election day. the first stop tonight in florida on tuesday. he'll be in pennsylvania. wednesday, iowa and on thursday he'll hold a rally many north carolina. north carolina, pennsylvania, florida, those are your traditional 2020 battleground states but iowa, a state the president won in 2016 by about nine points, take a look at the eel clear politics average of polls and you can see why. now biden is ahead in iowa by a little over 1%. the trump campaign is going to tell you, in fact, they told reporters on a call today, that they believe their internal polling paints a very different picture than what all the public polls are saying but it is very telling when you see the trump campaign expending this much time and energy in iowa. this close to election day. >> thank you. he'll be the story tonight but

earlier and throughout the day today this was the story on capitol hill. >> there is nothing unconstitutional about this process. this is a vacancy that's occurred through a tragic loss of a great woman. and we're going to fill that vacancy with another great woman. >> this process has been nothing but shameful. it will almost certainly lead to disastrous consequences for americans. >> the framers of the constitution deliberately set up a checks and balances. no one can become a supreme court nominee without both the president and the senate >> i think this hearing is a sham. i think it shows real messed up priorities from the republican party. fire the politicians at the next election. but voters don't have the freedom to fire the judges. >> senate republicans have not

lifted a finger for 150 days. >> courts have a highlight responsibility to the rule of law, which is critical to a free society. >> so we've been watching that since 9:00 a.m. >> bill: we'll bring in a white house peach writer for president bush. both are fox news contributors. gentlemen, good day to you on a monday. mark, what do you think? where do you think we begin tomorrow at 9:00 a.m. east coast time? >> well, what we're seeing today and tomorrow is the fact that the democrats know they are powerless to stop amy coney barrett's confirmation. they know that the fight over the supreme court helps donald trump because he won voters for whom the supreme court was the main issue in 2016. they know their attacks on kavanaugh cost them votes in 2018. they are trying to turn this into a debate over healthcare. and they say she'll be the deciding vote to overturn barack

obama. that shows their flawed judicial philosophy. democrats nominate judges who judicial activists. conservatives-point judges who rule by the law regardless of their personal outcome so you saw that when john roberts was the deciding vote to hold up obama. we have no idea how she'll vote on obama care. >> it is true, it was a singular theme throughout, mo. it was healthcare. is that effective? does that win the day? >> it depend on what your measure is. i agree with mark. barring something extraordinary happening in the coming days she'll likely be confirmed on to the supreme court. but not without a political

price, i think, for the republicans. democrats are doing everything they possibly can to ensure that everybody is talking about healthcare and the pandemic in these next couple of weeks. while they are frustrated, and i think understandably so to many, that the republicans have gone back on the standard they set with the garland nomination, to wait until after an election, what they are more interested in pushing out there is the message of what the consequences are. every day that people are talking about covid and are talking about healthcare, is a day that the debate is on joe biden and the democrats' turf headed into the election. republicans may get the justice that they want, but they may not -- but it may end up hurting them when it comes to control of

the white house and the senate. >> what do you think of that point, mark? >> i think mo is absolutely right. that's the best play they have but they don't have a good hand. they are trying to turn the barrett nomination into something which is a strength which is covid and obama care but i don't think it's a very effective hand because the republicans will win this fight over confirmation and victory begets victory. people concerned about the supreme court was one of the things, reason donald trump is president today because of the supreme court. 26% of his voters in 2016 voted for him because of the supreme court. it wasn't shaping up to be a big issue this time around because of his success, because he nominated two justices, now it's thrust back into front and center in the election with just a few weeks to go. i think that helps the president. >> bill: i've just got 30 seconds here. how much the conversation changes tonight when you see a

post covid president traveling to battleground florida this evening. >> look, if he continues to drive a message that downplays the virus compared to what you saw joe biden do in ohio today, where he put a huge focusn to administration's mishandling of the virus, that's the debate that democrats welcome. the president's numbers on handling this are in the tank. people do not approve of his handling of the virus, so that coupled with the conversation about healthcare in the senate judiciary committee provides very fairground for democrats. >> the line on covid has been flattened in florida for some time. thankfully so after the spike they saw back in july. thank you, mo. mark, thanks to you as well. lots to get to this hour. plenty of reaction from both sides. a member of the trump team will join us and then a member of the biden team. plus a lot more to come on this hearing straight ahead.

>> the constitution in short, this document, written nearly 2 1/2 centuries ago, has helped to foster greatest civilization the world has ever known. it's not just a judicial thing. it's a judicial thing that works. 's top health experts. working together, for all americans, is what joe does. when writing his healthcare plan, joe biden worked with both doctors and patients to make healthcare affordable by lowering premiums, reducing drug costs, and protecting people with pre-existing conditions. joe listened to both small business owners and workers to create his economic plan that cuts taxes for middle class families, creates 18 million new jobs in his first term, and raises wages by as much as $15,000 a year. joe biden's plans will help working families immediately

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>> justice ruth bader ginsburg

devoted her right to fight for equal justice and she defended the constitution. she advocated for human rights and equality but now her legacy and the rights she fought so hashed to protect are in jeopardy, by replacing justice ginsburg with someone who will undo her legacy. >> bill: senator kamala harris, a bit earlier today, chose to appear virtually at that hearing. as that battle continues in washington president trump hits the trail for the first time since his covid 1 diagnosis. he visits florida and pennsylvania, iowa, north carolina, by thursday. vice president mike pence heading to ohio, wisconsin, and michigan. we'll bring in trump adviser. thank you for being here. "washington post," abc, here's what they have got. biden-harris, 54.

pens-trump 52, margin of error plus or minus four. it also goes to four states where the average polling there suggests he trails. >> my reaction to those polls? >> listen, i think polls matter. we pay some attorneys general to this. it's very critical to look at the inputs because the inputs often determine the final output numbers. many of these are massive over sampling of democrats. i think it's very reasonable for us to make the case that there are a lot of reluctant or shy jump voters. there is a cancel culture in our society today and for many people to tell a complete trainer that they are in favor of voting for president trump, they may not deemed to be in their best interest but nonetheless, when we look at polling of battleground states, national polls don't determine the election, when we look at polling of battleground states, public polling as well as

internal private polling shows very tight races in all of those battleground states. we'll work and grind to earn the votes of americans in those battleground states. >> how is his health, steve? >> the president is doing great. he feels better than he did before he got the china virus. he tells us that and his doctors tell us that. they tell us he's free of the disease. he's not contagious to anybody else. he can't wait to get out on the campaign trail today. he's been like a race horse who has been kept at the starting gate for too long. the horse is ready to gallop and will do so with vigor this entire week. we have an incredibly busy week. >> i want to get to all of this. two minutes, i apologize for the shortened of time. is he a hundred percent or will we find that out tonight with the first stop in sanford, florida? >> the president is 100%. he's healthy, he's been mentally

alert the entire time. he's now physically healthy as well. and i think -- he's a remarkable example for the country how we can overcome as a country coronavirus, how our economy can recover. what i mean by that is quickly on an accelerated basis. we know that we can mitigate risk. we can take reasonable precautions and we can't let it dominate our lives, our psyche. we can't live in fear of the china virus or each other and the president, i think, getting quickly better and back out on the campaign trail will be an inspiring leader in this regard for the people. >> is it true that he came to the team and he said he wants to have an event every day until election day? >> look, we are for this week. i can't speak beyond this week's schedule. every day. look, this president keeps up a pace that people half his age could not keep. that's one of the reasons why he was so successful in business. that's one of the reasons why he's president of the united states. he's a hustler and we'll be

hustling to earn the votes of every american particularly in the battleground states. >> bill: do you feel like your trailing at this point? >> no, i don't. i'm trying to be objective here if i take off my partisan hat. if i look at the battle ground states, i think they are all tossups. either side is capable of winning any of these battleground states. i like our team's chances far more than biden's mainly because of the economic momentum in this country. because of the economic momentum, the case will become compelling when the american people reach their decision point, when they think about joe biden, for example, threatening to shut this country down again. threatening a re -- retreat back to where fwherp march. i think that these battleground states are already going to fall in our favor. >> bill: it's three weeks and counting. thank you. we'll talk to the biden team in a moment.

joe biden talking about his plan for the economy. he's also facing pressure to give an answer about court packing. we heard from his running mate during the hearing for judge barrett. we'll talk about that with the last democratic nominee, that's senator tim kaine. he's standing by live coming up next. >> justice scalea taught me more than -- he was devoted to his family, fearless of criticism, and i embark on my own legal career, i resolved to maintain that same perspective.

>> i think it was just the other day that vice president joe biden told the american people they don't deserve to know

whether he's going to pack the court. they don't deserve to know who his judicial nominees would be. >> bill: republican senator from iowa, joni, ernst. joe biden is in ohio as he faces questions about expanding the court. we'll talk to former democratic nominee tim kane in a moment but first, here's more from delaware and the biden camp today. >> good afternoon. at a campaign stop in toledo last hour joe biden kept the focus on his economic message, repeating points we've heard before making only a single mention of the supreme court hearings under way in capitol hill right now and even then he largely steered the focus away from judge bar rat herself. biden said the reason senate republicans made time to confirm the nominee is because they are fulfilling the president's wish to wipe out the affordable air act and biden redder to the past

criticism of the aca. blobs want to seize on any democratic criticism of judge barrett, because it breaks with the american standard of not judging folks based on religion. democrats did criticize barrett on her faith during her appellate court hearing and the trump campaign has already made attack ads out of it. today joe biden cautioned against a repeat. >>, no they should not be considered. >> no, i don't think there is any question. >> biden has not been so direct about whether he would support adding more justices to the high court if judge barrett is confirmed. multiple times he's refused to answer the question saying president trump wants his hypothetical future actions to be the focus instead of what republicans are doing right now to jam through their nominee but over the weekend, on friday, he raised eyebrows with this remark. >> don't the voters de serve to

know? >> i'm not going to play his game. he would love for me to talk about, and i've already said -- he would love for that to be the discussion. >> a few years ago biden said he was opposed to court packing but part of his base want that option and biden said he'll let the voters know his opinion on this after the election. >> the democratic nominee for vice president in 2016, senator, welcome back. good day to you. >> good to be with you. >> bill: why won't he answer that question? >> because it's not his business. the discussion gives no power to the president or vice president to pack the court. i heard the senator ernst say he won't pack the court. it's not a presidential continue. congress according to article 1 of the constitution sets the composition. that's why it's not even part of

the campaign. >> bill: he could offer an opinion of sorts, and it appears that senator biden had a very different view of this some 40 years ago. this is from 1983. >> president roosevelt, it was totally within his right to do that. he violated no law. he was legally corrupt but it was a bonehead idea. it was a terrible, terrible mistake. >> bill: so in the year 2020, not so bone head anymore. >> i don't think this is a matter for the president at all. here's what's going on, bill. i have been in the senate since 2013 and republicans have made two changes to the way the court is proposed. momentous changes. they are about to make a third. the first was, they refused to entertain the nomination of

garland depriving president obama historically from being able to fill a position. we urged them not to do that. they did it anyway. second, we used to require that a supreme court justice gets 60 votes. a bipartisan measure. we thought that was a good idea. the democrats thought it was a good idea. the republicans changed that, and now they have got a third up with they want to do, having promised the american public that the new rule is in a presidential year, let the people decide, let the people pick the president and don't fill a vacancy, they are going to violate their own promise. we have no court packing plan. i'm in discussions about this all the time. our plan is, hold the republicans to their word. just follow the promise you made to your colleagues and the american public. >> bill: it seems like the question will keep coming up. do you see judge barrett

becoming justice barrett or anything getting in the way? >> if the republicans are bound and determined to break their promi promise, we're hope hearings might persuade some people to think better of it. >> bill: they get under way tomorrow morning at 9:00 a.m. thanks for coming on. in a moment, how the affordable care act is playing into the confirmation hearing. listen very closely today. they will both join me coming up next.

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on lockdown. covid-19 cases on the rise in brooklyn, new york. they handed out more than 60 fines for violating the guidelines toting more that $ed 160,000. the city has failed to enforce the state's rules. >> courts have a vital responsibility to the rule of law, which is critical to a free society. but courts are not designed to solve every problem or right every wrong. >> that was the opening statement from judge barrett making a case about why she should fill the vacancy of the supreme court. we want to bring in our team, former assistant attorney, and a law clerk to justice clarence thomas. >> bill: came out of almost every democratic senator's mouth today during the opening

statements, can this now hurt republicans, we're crossing over the legal bounds of political side here, can it hurt republicans in this election? >> that clearly seems to be what democrats are trying to do. during the confirmation for supreme court, that potential judge, amy coney barrett was nowhere to be found in their comments. i think they realize she's such an outstanding nominee, she's so qualified, even the liberals say she's well qualified. their highest rating so they don't want to talk about her. they would rather talk about complete speculation. the idea that a mother of a child with special needs want to eliminate preexisting conditions is crazy. they are trying to make policy arguments. what we should be talking about is the outstanding nominee for the american people. >> bill: this is not a legal

question, how viewers or the voting public perceives the hearing to unfold. can this line of argument hurt republicans? >> i think the republicans could have done a little better job rebutting this today. but judge barrett, i think, has begun to roll that back. in the excerpt that you just read it's not a judge's job to do policy, and frankly, i think it's unfortunate that this has teed up this obama care case that's going to be heard by the supreme court. i don't think there is a single vote on the u.s. supreme court to overturn obama care in total and the idea that amy coney barrett is being put on the supreme court to invalidate that statue is absurd. >> ken starr seemed to make the same point earlier today during our coverage. >> bill: did i hear them

correctly earlier today, andy? >> yeah, i think you absolutely did, bill. no one who has looked at this thinks the supreme court is going to throw out obama care in total, and personally, having looked at it, i don't think there is a single vote to do it on the supreme court. >> bill: here's joe biden on healthcare. critical line in the middle of his comment today. watch. >> we're already in the midst of a real fight here. everyone knows in 28 days, 20 million americans may lose their healthcare. this nominee says she wants to get rid of the affordable care act. let's keep our eye on the ball. this is about whether or not, in less than one month americans are going to lose their health insurance. >>. >> bill: the key is, this nominee says she wants to get

rid of the affordable care act. beyond its plausible meaning to say the statute. does that mean that judge barrett would get rid of obama care? >> absolutely not. that's totally false. she's never talked about the policy goals of obama care. she talked about that one legal challenge which is different than the case coming up before the supreme court. this time, it was in the context there, i think they are taking it way out of context. scare mongering. the idea that she would be the deciding vote to overturn obama care is complete speculation and trying to change the subject. >> bill: do you think joe biden needs to answer this question been three weeks as to whether or not he would expand the court? >> oh, a hundred percent. contrary to what he said the american people deserve to note and how can they vote, and tell their president what they want them to do. would you expand the court?

would you 5,000 seats for purely partisan motives? joe biden should tell the people what he wants to do with the court. >> the more you allow it to linger the more radioactive it becomes. >> yeah, you get like hilarious exchanges like you just had with senator mccain where somehow it's not -- i think it would have been surprising to fdr about whom the court packing history of the united states, that story is actually about, and i don't know how he thinks you would get court packing done if the president didn't sign off on it. they are coming up with some real whoppers as to why he can't answer this question. >> bill: i have less than 60 seconds for you to answer. how do you expect tomorrow to go at 9:00 a.m.? >> i think it will be a great opportunity to hear from barrett and finally get into the actual record of how her jurisprudence

is. i'm excited to hear from her. >> bill: andy? >> the best thing about this nomination, bill, is the nominee. the more she's center stage answering questions the better it is. >> bill: we'll be there to watch it. thank you, nice to see you both. got some breaking news, just hearing from the widow of john mccain, sydney mccain is announcing on twitter, that her mother-in-law has passed away. she was 108 years old. cindy mccain writing i could not have asked for a better role model or friend. rest in peace. people in portland target statues of theodore roosevelt and abraham lincoln and capital police arresting nearly two dozen protestors ahead of the barrett hearing. more highlights from day one when we continue but first, senator ben sas from today's hearing. >> this committee isn't in the business of deciding whether the dogma lives too loudly within

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>> 74% of americans think we should be working on a covid relief package right now instead of this. let me tell you a political secret. i doubt that it will be a brilliant cross-examination that's going to change this judge's trajectory this week. >> bill: there is amy klobuchar there from minnesota, day one of the confirmation hearing. we expect the q&a session to start promptly at 9:00 a.l. ending on thursday. three long days before the

judiciary committee moves it through for a vote in the senate. meanwhile these protestors turned up on the hill. police arrested 21 demonstrators from blocking the entrances to a senate office building. something we haven't seen in some time during these covid times. police in oregon now, in portland, declaring a riot during protests last night. protestors knocked down statues and smashed the win dose out of several buildings. dan springer reports on this in seattle. still going on? >> sure is, good afternoon, bill. they didn't just knock down any statues. they targeted the images of two of the most popular in u.s. history, teddy roosevelt and abraham lincoln. both were standing in the park directly across from the oregon historical society which was also vandalized. anarchists broke windows over a seven block area. the violence was part of what organizers call an indigenous people day of rage.

portland and several other liberal cities stopped calling it that years ago. it's now officially indigenous people's day. a state law maker who is also a native american, is not happy with what she calls a highjacking. >> we cannot tear down the system using fire or rocks or destruction and then build it back up for nothing. we have to take one piece at a time. >> trump tweeted put these animals in scrawly now. the radical left only knows how to take advantage of very dumb leadership. this is biden, law and order. over the summer protestors in portland toppled the statues of george washington, thomas jefferson, and a 120-year-old iconic statue of an elf downtown. portland police declared a riot and arrested three people including one with a gun and another who has been arrested at least five times since june. on saturday night police were very aggressive making 26 arrests. today, mayor ted wheeler

denounced the violence and called for an end to the nightly protests that have consumed his city for months. >> bill: dan springer, thanks, live from seattle. denver police investigating a deadly shooting that happened during an opposing protest over the weekend. the suspect in custody is a private security guard who was working for a television station. lisa acuna reports on that from denver. what happened here? >> we can tell you the man killed at the rallies in denver on saturday has been identified as lee keltner. he served in the u.s. navy and he was known to attend pro police rallies. it was in this moment right here that police say he was killed by that security guard. >> i think it's important -- our free speech --

[inaudible] [ bleep ] [bleeped] >> you can see for keltner and another man got into a scuff. the station released a statement expressing sorrow for the loss of life. on its website it said matthew was contract by nine news. it's been the practice of nine news for a number of months to use private security. it turns out he was not actually licensed to work in security in denver. he now faces first-degree murder charges and the denver d.a.'s office says it's considering additional action against pinkerton. this happened at dueling rallies, one at antifa and black

lives matter. the victim does have a criminal record, mostly public fighting and violent incidents. as far as dano, suspect is not affiliated with any political organizations but we did find 34u89. anti-trump posts on his facebook page dating back to 2017. >> lisa acuna, thank you for that. >> bill: in the meantime, how are you coping during these covid times? steve ducey has something special for you. he joins me next. with the money?would yoo save for your retirement, update your home, maybe buy a new car? record low rates have dropped even lower. use your va streamline refi benefit now. one call to newday is all it takes to save $3,000 every year.

>> bill: so, you know the pandemic means more of everything, cooking and eating at home. time is still tight. steve doocy is the author of our brand-new book. the cohost of ""fox & friends"" joins me now. i think this is the first time i have seen you in person since covid began. >> absolutely, and i do believe

we were on a flight in february from a super bowl. >> bill: oh, that's right. you and i ran into each other. but i think it is the first time i have seen you, and i believe that this book is number one on amazon. how did this happen? speak of these are challenging times. everybody has run out of things to cook. if you are looking for something different, at the same time, think about it. this book is based on everybody has a happy food. go back into your childhood, and there is something that seen on the menu this day. you think i remember one my mom used to make that. this is something from my childhood. this is called church lady ranch dip. whenever there was a public event, she would bring this up, and it's, you know, it is

cheese, ranch dressing. >> bill: i had a little bite during the commercial break, and it is loaded with cheese. and it is very, very good. >> this is the church lady from your town. she is special because she has a recipe. we put together about 100 recipes to explain why different foods are happy foods for different people. >> bill: i did not realize that kathy has been a huge inspiration for this book. she has cancer and her eye that she battled for a long time and finally beat it. >> about three years ago, she was just going to get a new caps on glasses, prescription, and her eye doctor looked in her eye and said they were something back there. probably not anything, but come back. she went back six months later, and she was told that she had eye cancer. and while she was being treated

with radiation, the doctor said you know, i'm going to save your life you don't worry about it. at the same time, she's thinking if this does not work out, who is going to make the food that my kids grew up eating? she made a pledge right there, she was going to write down everything the kids loved so that just in case she would have those recipes in their hands. 100%. >> bill: it is a beautiful book too. congratulations on that. are we eating more or less during these covid times? >> he lost 30 pounds. a lot of people are thinking more about fitness. a lot of us go for walks. you know, the only place i go other than to work is the grocery store. if you could only have one meal a day, you might as well make it this. >> bill: i love chips and dips. i am going for the dips. >> you could have had the pie. >> bill: great to see you, my

friend. sell a lot of books. >> okay. >> bill: up here every day at 3:00. set your dvr, and never miss a report. markets were flying today. what is going on on wall street? neil has got your story. steve has got your recipes. >> he made it clear that he wants his supreme court, and this nominee will join him in eliminating the affordable care act. >> we have allowed for the politicization of th the one brh that is not political. >> defying the will of the people. rolling back the rights and protections under the affordable care act. >> democratic senators view the court as a policymaking group. >> this isn't a rash to justice. this is a rush to put in a justice.