speaker pelosi is a very good judge of events and of history and i believe that as events unfold on the court comes down with decisions destructive to a woman's right to choose, as it comes down with decisions destructive to the climate, as they come down with decisions destructive of civil liberties, i believe that speaker pelosi and others will come along. >> it's my fault, we have three other speakers who i would like to come to the podium first and we will begin with the director of democracy policy. >> thank you. that's okay, thank you, senator markey. sorry, everybody, good morning, everyone. thank you to representative jones, representative nadler, senator markey for their leadership on this bill today,

my name is megan hatcher mays, director of democracy policy and founder of the undrinkable courts coalition, a coalition dedicated to restoring balance to the courts which of course starts right here today with the introduction of the judiciary act of 2021. the supreme court derives its legitimacy from the trust we all put into it. and that trust has been eroded thanks to a decades long assault on our judiciary in general and the supreme court in particular. by corporate interests, conservative dark money groups and the republican enablers in congress. the last four years especially show just how little regard republicans, led by donald trump and mitch mcconnell, have for any political judiciary. trump and mcconnell confirmed hundreds of judges including three supreme court justices all of whom were handpicked because

of their loyalty not to the constitution but took conservatives political outcomes. the only way forward now, the only way to build back to trusting our courts and in the supreme court especially is to add seats. so let me be clear, no one here today, no one standing behind me today woke up this morning and thought, you know it might be fun? what if we added four seat to the supreme court, for no reason, i just think it might be a fun thing to do. that's not what happened but we are here because mitch mcconnell overplayed his hand, he and donald trump got greedy and the american people noticed. first, mcconnell held a supreme court seat open for over a year just to fill it with neil gorsuch, a man with very strong ties to conservative dark money groups and those same groups spent millions of dollars to have him confirmed. then, mitch mcconnell bent over backwards to confirm brettt

kavanaugh, i don't think we need to relive all of the ways in which that man is hideously unqualified to serve on the bench and then mitch mcconnell confirmed amy coney barrett, the woman who refused to say whether or not climate change is real, eight days before the november election and after tens of millions of people had already voted. these are hardly the actions of a man or a political party who now claims to revere and a political court system. mitch mcconnell and donald trump have pushed our democracy to the cliffs edge and the conservatives on the supreme court are ready to finish the job and push it right on over that cliff. so we have to address this issue before it's too late. indivisible is proud and supports the judiciary act of 2021 and i know we can get this done, thank you so much. >> thank you very much, megan, chris kang, cofounder and chief counsel of demand just as and

i'm here to clear that democrats are done ceding the supreme court to republicans and there is no better than i evidence of that than having the honor of standing here with the chairman of the house judiciary committee, mr. nadler, chairman of the house court subcommittee mr. johnson, vice chair of the court subcommittee mr. jones and senator markey whose experience consistently demonstrated the existential crises demands existential solutions. we have a supreme court that is tilted to partisan bias corporate interests and we must restore balance by adding four seats to the court. no one can argue that a 6-3 ultra conservative republican supermajority is a balanced court. a court with five white men that is never had a black woman justice, and asian-american justice, a native american justice is not balanced. a court that has not had a lawyer as a justice who has defended criminal defendants since thurgood marshall more than three decades ago is not balanced.

we have a looming crisis of legitimacy in the supreme court but the existential crisis we have is much greater. it's an existential crisis or democracy itself. these republican justices have consistently undermined voting rights and fair elections, from gutting the voting rights act to the citizens united, to partisan gerrymandering, purging voter rolls and making it harder to vote during a pandemic, time and time again, these republican justices have sided with partisan interests and not with the people. already 361 voter suppression bills have been introduced in 47 states across the country. our very democracy hangs in the balance of this fundamentally unbalanced supreme court. now, that's why demand justice is proud to stand here in support of a judiciary act of 2021 and this is not the first judiciary act that the congress has considered.

the framers in the constitution itself gave congress the power to set the size of the supreme court, which it did so in the first judiciary act of 1789 and set the court at six seats and it did so seven more times, changing the size of the supreme court, the last time being the judiciary act of 1869 which currently sets in at nine. now is a time for the judiciary act of 2021 to expand the supreme court and to restore balance. we know that this isn't going to be an easy fight and that there's work to do, we are prepared to go neighbor to neighbor, friend to friend, member to member, senator to senator until we gain a majority support in both the house and the senate to pass this legislation. we have momentum and a movement on our side as demonstrated by the fact that voters who declare that the supreme court is a supreme issue in november, voted for president biden by a six-point majority, dramatic reversal from 2016.

and we only have to look at the trajectory of the debate over filibuster reform to think how quickly unnecessary this conversation also will be. a year ago, filibuster reform was a fight that had a handful of champions and a long way to go. today we have a handful of champions and we are prepared to go that long distance. our democracy depends on it. we need to not only eliminate the filibuster to pass democracy reform and voting rights but we need to pass supreme court reform so those fundamental improvements to our democracy stand the test of time. i'm so honored to be here and looking forward to joining this fight. turn it over to professor aaron belkin of take back the court. >> thank you so much, chris, and thank you so much to the leaders behind me, senator markey, chairman johnson, chairman nadler. and representative jones. i am marveling at all of us being together today.

i started take back the court two and a half years ago to urge anyone who would listen to focus on the threat of the court, and to understand that the only path toward restoring democracy, the only way to prevent the people in this building from blocking black and brown americans from voting is to expand the court and it was a really lonely road back then. there was almost no support and i'm so proud and so grateful, fast-forwarding to and a half years today, champions behind us, we have more than 50 organizations, mostly black and brown-led organizations calling for expansion of the supreme court. i am actually glad that the question was asked before our remarks because i've heard a lot of people, even on the left,

expressing pessimism in saying that we lost the courts for a generation. no we haven't lost the courts for a generation. i come out of more than 20 years of advocacy in lgbt military issues and when i got into the fight against don't ask, don't tell, people said that was unwinnable. seven years ago when i watch the campaign to repeal the transgender military band, people said that fight was unwinnable. we are going to win the fight to rebalance the supreme court because we have two, progressive fights are always hard but if we don't win this fight, january 6th is going to be our future and it's going to be the tip of the iceberg of our future, stolen elections are going to be our future. suppression, not just of black and brown votes but of white republican votes as well, voter suppression affects them as well, that's going to be our future as well. i believe that if our democracy survives, future generations will look back to today and they

will look at senator markey and chairman nadler and chairman johnson, at representative jones, as indivisible and demand justice and they will recognize folks who not only saw the threat of the stolen court but who have the bravery to do something about it. thank you so much for coming today and we look forward to your questions. thank you. >> questions? >> chairman nadler, do you plan to market the judiciary committee anytime soon? >> we will have to see where it fits on our schedule but i would anticipate it. >> given that representative jones tweeted this -- >> i appreciate the question about supreme court expansion and infrastructure, look, i was sort of making fun of the ongoing debate we are having right now but i mean it to the extent that we must have a

democracy in order for us to have health care in the midst of a pandemic. for voting rights to be secured, for everyone who is eligible to vote. and unfortunately we can't have those nice things with the far right super majority on the supreme court behind me. so interpret it as you well, it was meant half jokingly but i do mean supreme court expansion to be something that is foundational to anything that congress wants to do and certainly that is popularly supported by the american people and i do want to bolster something that the chairman of the judiciary committee said earlier, people come around to certain ideas, i would have been shocked if the speaker had said she would allow a floor vote on this today, know what i want that, we haven't been able to have conversations with all of our colleagues to get the support required to pass the bill so i'm not concerned by what the speaker said today and i say that as a member of the

house democratic leadership to myself and certainly the american people deserve to hear more about why this is important to having a democracy in the united states of america. >> where you going to get the republican votes you would need to get this through the senate assuming he gets to the house floor? do you worry that by putting the marker down now it just works against you and enrages the right, the fox news, the oi and world? >> well, ultimately, we had to repeal the filibuster. and then we can move this legislation passed, we can move the legislation in the house representatives right now with a majority of the votes. so begin the case today, we would want republicans to vote with us but if they are not willing to participate in that effort we can still do this on a

basis of 51 votes and that will ultimately require the repeal of the filibuster and passage of this legislation with 51 votes. so we begin the effort today, all issues go through three phases, political education, political activation, political implementation so we begin the education of the american people today. and it will become more clear as each month goes by, as each decision emanates from the supreme court that a fundamental historical imbalance has been created and it needs to be rectified but the solution ultimately will entail a repeal of the filibuster. >> you said before biden's commission, if the commission recommends the number at nine? >> well, again, we are beginning the process today so the debate

about this issue begins today. so that the american people and that's what polling makes clear, the more people understand this issue, the more likely they are to support an expansion of the court so we begin the effort today. and president biden is operating on a separate track and we await his commission but we don't wait for the introduction of the solution, that is what we are doing here today. >> i want to make the observation, i appreciate the president's understanding of the urgency of this, hence his convening of the commission, notice that in the instruction to the commission which is supposed to put together a report analyzing the debate that there is no instruction that it make recommendations which i found to be interesting. additionally, the damage is already been done, we don't need a commission to tell us that we need to restore balance to the court in order to do any number

of things. from my perspective on the perspective of many people here today, to save our democracy. so i appreciate the commitment to to further discussion that the president has, i think it speaks to the urgency of this issue but it should not stop us from doing what we know to be necessary. >> how much support is there, how much support are you starting with right now? >> well, we can't answer that question, we are just starting, at the very beginning of discussion of that issue, of this entire issue so we will see as it develops, we anticipate that as it becomes clear to the american people just how stack to the court is end of the damage of the court is doing, it will become more clear and we will get the support. >> excuse me. i'd like to respond to that question also, the fact is that

today begins a new era in terms of the supreme court. it's been taken for granted for so long that the court has to be nine people, that's baked into our psyche and that simply is no need to continue with nine person court given the circumstances that have been expressed by all of the voices that you've heard today. there is a need for reform, of the supreme court and all of its processes. it may not be as popular today as it will be when we move forward, everything will term of the court, the court will be looked at in terms of what it does and our future, future under this supreme court is not something that many people are looking forward to, some are actually fearful of losing

rights. under our constitution. this is a movement that has begun, began before today but today is an important moment in this movement and i believe that this movement will pick up support, i believe right now there is significant support among members of the house of representatives on the democratic side, significant support probably in the u.s. senate, the issue has not been brought to the forefront. it's important that this start be made and we start the conversation in a very public way, and the american people have an opportunity to weigh in. this is a debate that is not just us here in congress, this is a debate for the american

people. all of the stakeholders out here bringing it to the attention of the people, the people are watching. this united states supreme court. the court needs to know that the people are watching. >> think you all so much. >> great job. >> very good. >> well done. >> harris: the headline of the day will be what hank johnson just said, and the congressman from georgia just said these words, "today begins a new era for the u.s. supreme court in america." i want to go straight to the chief legal correspondent and fox news anchor shannon bream. shannon, you've worked so closely in and around covering the u.s. supreme court and what

we saw today i was not clear about what the bill actually said and i know that democrats sometimes want to pass something and read it later but even speaker the house said she doesn't have plans to call for this yet, what are we just learn about what democrats want to do? >> shannon: harris, there is so much to unpack, not only adding four seats to the supreme court which would all be president biden nominees, but they are also calling for the complete abolition of the filibuster which would change everything on capitol hill, not just about the supreme court but about numerous other issues and i've got to tell you, the last time we saw a big promotion out there on the steps of the supreme court, it was senator chuck schumer, the majority leader, essentially growing a challenge where some people interpreted as a threat to brett kavanaugh neil gorsuch. they saw the justices come out

with a rare statement to say, we are going to do our job and not be intimidated. a lot of people think this effort is about intimidation, telling these just as it is, you bet it stop deciding things the way you are or we are going to give you four new colleagues and a number of those justices including those on the left have said is not a good idea, last week saying, when you mess with the core and makeup of the court it begins to look very political and that erodes trust. justice ginsburg said in the 2020 election when a number of democrats were talking about court packing that she did not think it was a good idea, she got nine was a good number. this also creates a headache for the president and speaker nancy pelosi because this is a very progressive plan, they talked about the fact that the president announced a commission to study the scum of the speaker doesn't seem ready to move forward with this and now it's out there and it's going to be a headache for the democrats to figure out how to handle this moving forward. >> harris: well, yeah, that commission's report results and

findings aren't even do for six months, this is just jumping the gun. they just moved on without him, they moved on without president biden. quickly before i let you go because this is something that stood out as it was said, "the court is broken," senator markey in his opening remarks. "the court is broken because mitch mcconnell, senate republican colleagues and donald trump broke it. they stole two seats on the supreme court and now it's up to us, meaning democrats, to repair the damage." you talk about intimidation, that is a gauntlet laid down by democrats. >> shannon: absolutely. and a number of ways that they actually characterize some of the decisions that have come out of this court as an argument for the need to add more justice as i would at best were mischaracterized which is i think, again, going to get the ire of every one of those nine justices sitting in the building. we might hear from the chief justice pushing back on that because a lot of what was

said today was hyperbolic in some cases and inaccurate in others so i think there's going to be significant pushback and it's going to come some of it from within the democratic party is not ready to go here and they need to worry about how this is going to appear, there may be backlash next year. >> harris: we will see. we will see. shannon bream, thank you for bringing it down with me. we are going to start "outnumbered" now, i'm harris faulkner, here today, let's get right to our team. emily compagno and kayleigh mcenany, host of "no interruption" on fox nation, tomi lahren is with us and joining us today, former assistant u.s. attorney and fox news contributor andy mccarthy. kayleigh, i'm going to start with you, andy, i will get to you in a second but as i'm watching this and watching the political nature i think back on something that former president trump has been talking about for weeks. i interviewed him, how many seats exactly do you think the democrats are going to lose now

in 2022? >> kayleigh: quite a few, there is the polling aspect of this, we know just 34% of americans support packing the supreme court. also there was a missed truth there, in the democrat press conference, they said there's a crisis of faith in the supreme court when in fact it's very easy to research, and you can see that the supreme court actually gained majority approval in 2018 and maintained that in 2019 and 2020. and beyond by let me be clear on this because there's some fancy political footwork going on, a former great conservative justice, and that's what nancy pelosi is doing in joe biden is doing, they are supporting this commission which is really just a shell game for supporting court packing, the commission's 2:1, liberals, and analysis conducted by 80% harvard and yale graduates or those affiliated with those institutions, no disrespect to my former alma mater bar that

does not represent the majority of the country. if you support the commission, you support court packing. this is shell game and a way to make this politically and publicly palatable idea to the american people. it won't work, though. >> harris: what about this idea, andy, that commission was supposed to turn in its report, i was just talking about this with shannon bream, six months from now. again, this feels so political, right? you got mother jones, who we heard from there at the lectern, put out a political ad, just call it that, talking about dark money and how important it is to clean that up and otherwise i'll just read it, a relevant line in the video, let's watch and i will come right back to you. speak out our democracy is in crisis. the insurrection on january 6 made that clear. this crisis didn't arrive

overnight. or by accident, the supreme court helped bring us here. in fact, the court has been actively dismantling our democracy for years. it invited dark money to flood our electoral process. and set the stage for billionaires and special interest to control our politics. it gutted the protections of the voting rights act and paid the way for a new era of racist voter suppression. it helped install donald trump in the white house. and he returned to the favor by appointing more justices who are hostile to our democracy, who promised to lock us into minority rule a generation but we are not powerless to stop this. we, the people, can break the far right, antidemocratic grip on our democracy. we can expand the supreme court.

>> harris: did the u.s. supreme court just become political? andy? >> andrew: look, this is all political theater, watching the press conference i was kind of wondering how big of idiots they actually think we are, if we wanted to balance the supreme court and you're complaining that there is 6-3 conservative majority, then why wouldn't you propose three seats? i propose four seats? it's obviously because they don't want supreme court balance, they want a situation where they can push the results that they want to push on the country. the second thing is, i don't think they really, realistically think that they are actually going to get court packing done, there's too much opposition to it. but what you heard at the end of that press conference is what this is really all about which is, much like what fdr did in the 1930s, a gun to the

supreme court's head in order to try to affect the way it either rules on cases, what those outcomes are going to be, if there are conservative results how narrow they are going to be rather than how big the precedential impact is and importantly on what cases the court actually decides to assess going forward. so you know, what we talk about, what happened in the 1930s, we like to remember the idea that fdr tried to pack the court but everybody thought that was such an outrageous idea that even the democrats rejected it. the dirty little secret about that is the intimidation factor actually got the court to change its jurisprudence and the result of that is that we have about three quarters of a century of progressive government and there is a method to what's going on here, it's theater but it's here with a purpose. >> harris: well, i am fascinated, really quickly about the filibuster talk, too because

clearly democrats even with a bicameral majority can't get done what they want to get, with senator manchin and kyrsten sinema and some others now are standing up and saying yeah, we don't agree with everything that the mark progressive parts of the party are doing, so i guess you don't need them if you get away from the filibuster, get rid of it, simple majority and you don't need that if you have a supreme court that will help you get defund the police or whatever it is. it's something else. i do want to press on this mother jones video. go ahead. >> andy: i was just going to say, it's a two for for them because they destroy the senate and the supreme court as institutions. if you get rid of the filibuster the senate is just to the house except not quite as democratic and if you use getting rid of the filibuster to change the nature of the supreme court it just becomes the super legislature so the next time the republicans are in control fill out another four seats but then

everybody will know it's not about the law, it's about what the political preference of the majority is. >> harris: well what i would ask, does that water down the supreme nature of the high court? doesn't make it less supreme because if everybody can bring a friend it's like oprah, everybody gets a car. the video we just watch, there was one line and that that reports, according to jones, the supreme court helped bring us to this point. it has invited the court to flood our electoral's process and set the stage for billionaires and special interest to controller politics. tomi, is an irony in that because a center response to politics, there was a report in march that shows that the influx of dark money in our politics overwhelmingly benefited democrats in the 2020 election. here's some numbers. joe biden, the amount of anonymous donor support,

$174 million pay for donald trump $25 million. tomi, your thoughts? >> tomi: what we saw goes beyond misleading, it's blatantly lying and it can be best categorized as filth. listen, this is trump derangement syndrome five-point oh, when they are not cheating and changing the rules, the the american people were lied to, flat out lied to in the entirety of the 2020 campaign, joe biden was asked about packing the court numerous times, he skirted the issue, the media, fake news wouldn't press him on it and now this is what we get, we are paving the road, the yellow brick road to communism. i know that sounds dramatic but let's pay attention here. i know some of my colleagues are saying they won't get this done, what if we learned in the last several years? the left throws out extreme policy positions, see how the american people respond and then they inched closer and closer to it. i will give you an example, the green new deal. when aoc end of the squad presented that everyone thought

it was incredibly extreme, you've got the biden administration up lamenting a lot of the facets of the green new deal, now it's more palatable. this is the exact same thing and i also find it incredibly ironic listening to that press conference, light of the american people, i thought it was incredibly ironic that the party that's been shutting down businesses, quarantining healthy people in their homes for months, mandating what we wear strapped to our face, keeping our schools closed and let an assault on our first and second amendment for decades is now telling us that they are the party that are going to restore democracy and restore our rights? the you've got to be kidding me. i hope the american people wake up and realize what's happening here because it is pure evil. >> harris: you know, emily, i want to kind of leaning a bit deeper on this dark money because from what tomi is saying there, there really is a more progressive agenda and you don't know where all of that $174 million case from, the donors, it does beg the

question, who has influence over him right now? and you've seen some republicans at high-level say, who is really running things right now? where is this coming from? should we be taking a closer look? i don't know that we can, they call it dark money for a reason. >> emily: that's the legislation that would actually benefit the american people and the answer that we know thus far is that it's in the hands of a few. we know there are a few sources that are controlling literally millions. that video is the campaign ad for republicans in 2022 and i like to focus on a couple takeaways of mine, chairman nasser said the court has currently posed has been politicized and that is why it is "broken" of the answer to that, the antidote would be to pull politicize it further? he quoted the "late, great ruth bader ginsburg" but she said that there surest way to have a court be partisan would be to

ensure that seats are set from one that will a larger number of judges so we will have more people that will vote the way we want them to. he also argues in part that the need for the extra four seats is that we have more circuits, the low volume of cases that are actually heard at that supreme court level, doesn't that underscore the importance of state and federal courts and if so, why, then, did then-president obama leave the most vacancies of any presidency? why was trump able to fill 245 vacancies if it was so crucial at those levels? he cited as well the racial diversity or the lack thereof on the bench, we know that starts with access at a fundamental lower level so i aren't we hearing that same passion from these democrat and leftist leaders about closing the achievement gap and focusing on closing that gap with american

children, communities of color, the public education level. to the point earlier about the lockdown and effects on the public school system. educating the public, it is indoctrination and to aaron belk and who says that future generations will look upon who we just listen to at that press are saying they honor the fact that this is a frightening situation, recognizing the court as solon and the threats, i think the further generations will look back on this as a waste of time. >> harris: wore a red flag for what is coming because if they wipe away the filibuster, something you were saying as you were speaking, emily, made me, if they are really sincere about wanting to change things why don't they look at all of what they can do for the american people? that i think we know the answer to that, the goal isn't to bring out your best ideas, the goal is to grab more power and you're

hoping that with the power nobody really questions you. hence for the term came from, nancy pelosi, let's pass it and we can reap what's in it later. >> kayleigh: harris, if i could pick up on one thing there, andy mccarthy made a good point when you talk about power and dominance, that's exactly it. the coverage, in fact, he called it a boneheaded idea previously but if you go further on court packing, he goes on to say that fdr was corrupt on power when he tried to do this and he said it would lead to autocratic dominance, that such a strong term, correct term for the former vice president, current president that it would indeed lead to autocratic dominance not just on the court but with the elimination of the filibuster, to andy's point would be total and complete control of congress as well, wiping out to cobranches of government to

accompany the third which is of course run by a democrat in the executive branch and piling on top of that, we've heard rumblings, i believe it was pete buttigieg during the election about the electoral college being a problem so if you control the election system, control the legislature and control congress you fundamentally reshape and destroy our institutions and ensure one party rules, one party government and one party continues to win on the campaign trail. >> harris: well i don't know if you guys picked it up, let's just play it and we will talk about it later, right before the news conference we showed it, he put out that what i call political ad on his twitter. part of the hole at the lectern expanded the court. let's listen to it a little bit more from representative jones. >> if we want to save our democracy we must act before it

is too late by restoring balance to the supreme court. our democracy faces its greatest test since jim crow, from the interaction at the capitol to the racist voter suppression being attempted all throughout the united states of america, the far right is at war with our democracy. >> harris: you know, andy, all of this felt political but especially talking about comparing the past to the present to the future, this was not about taking different issues in the nomenclature and let's work on it together as people, this was, they know what's best for all of us and get on board. >> andy: yeah, that's right, they feel offended so they are comfortable imposing political solutions because they think they have the power now which is why i think it's amusing to them

to say that supreme court with their dark money decisions and undermining of our democracy. it must've been a great undermining because democrats now control the house and the senate. and the white house. but none of this is sincere. you know, this business about, again, they want four seats, not three because they want control. >> harris: the majority. >> the current court was out of control right wing court, why would one of your complaint to be that the court doesn't hear and decide enough cases? you would think that you'd want them to decide less cases but they are just saying whatever nonsense they think will resonate with people because it's a political argument, not a legal one. >> harris: well, it's a talk they are having with themselves. it's like four friends sat around raking beer and kept saying the same thing over and over again until one when "we are so brilliant." >> andy: a lot of beer. >> harris: it's a lot of talk but now we want to know what

happens next, is there somebody in the room that will stand up and say no, we are not going down that road? last hour i talked to the congressman of colorado, he end of the republicans are trying to protect the long-standing, 150 years of long-standing precedent that we have for our u.s. supreme court, they are hoping to be able to make that happen but without them? anybody? unless the democrats you see will be brave among them and stand up and say wait a minute, let's at least wait until the commission comes through that item put forth, maybe that is, we pray. before you certainly hope so but going back to what i said previously, we've all kind of discussed about the idea of making this more palatable, the only reason the democrats would stand up against this is because they would be worried about their seats, midterms and come 2024, that would be the only reason they would stand up against it but the reason i think they're going to wait and

see how this plays out in the media and public opinion is because they know that as it's discussed more and becomes more mainstream it will become more palatable because they used buzzwords that go to the heart of the sheep in this country, they brought up donald trump which we know is the trump derangement syndrome even though he's no longer in office, they talked about racism and climate change made if they keep pushing those three things in saying this is the way that we are going to advance all those three notions, get rid of what evil donald trump data, get rid of racism because the right is racist and the court is racist and make sure that we fight this climate change more, if they keep messaging that to the sheep of this country, especially the younger individuals in this country they will make the idea more palatable so that these democrats might not have to worry about losing their seat in 2022 or 2024 because the public is now come around to the idea. that's why all of this is dangerous and why it cannot be taken as just political theater

or a joke because this is all part of their income rental process to condition the american people to find this acceptable. >> harris: you know, when you really take a look back at some of the things joe biden has said about packing the court and then you listen to what tomi lahren just said, it makes you wonder, how did they get him to follow? watch this. >> president roosevelt clearly had the right to say to the united states senate, the united states congress a proposal to pack the court, it was totally within his right to do that. he violated no law, he was legalistic leak on absolutely correct but it was a bonehead idea. it was a terrible, terrible mistake to make and it put in question and entire decade the independence of the most significant body, including congress in my view, the most significant body in this country, the supreme court of the united states of america.

>> harris: bonehead till let's do a commission and let people do their news conferences and come forth with bills and maybe we will wipe away the filibuster and pack the court. kayleigh? >> kayleigh: what a stunning turn of events. this is why joe biden is slow walking this and we sought on the campaign trail, there's a reason he wouldn't come out and just say "i am for court packing," he knew that 34% of the nation supported the idea, he knew to get elected he couldn't be for defining the police, he couldn't be for a health care for illegal immigrants, he could not be for court packing but that's why, look at what he's done, look at the model joe biden has said, he has slyly and coyly put in place a very progressive policy, making him come which i would argue, one of the most progressive presidents in history, he's already met with the story and saying i want to be more progressive than fdr, how can i be more significant in history? so this commission is just the vehicle to pack the court, one

of the cochairs of the commission has written extensively about the need to change this institution, to change the court, he represents 2:1 of the ratio of the commission which is liberal and bob bauer worked for the obama administration and has put in place a vehicle to change the court with this commission but in a way that slow walk said and doesn't hinder political support in the midterms. >> harris: one of the things that my lawyer friends like andy and kayleigh and emily have taught me, i just wonder, for the fact that they may all be wrong, that having the same ideas across the board may actually not be a good thing, but for that, we will see what happens. let's move on to this. anti-police protesting spiraling out of control again in minnesota. among those disturbing images, a pig head on a stick.

this amidst new calls to defund and even get rid of the police. ♪ ♪

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some serious allergic reactions and lung inflammation can occur. lasting remission can start with stelara®. if you've been financially impacted by covid-19, janssen may be able to help. >> emily: welcome back on the riots erupting in minnesota for the fourth night following the deadly police shooting a daunte wright. two dozen arrests on one demonstrator reporting a lease saying kim potter committed an act of war and another putting a pig's head on a stake with a police officer's on its head and the american flag wrapped below. tomi, your reaction? >> tomi: i want to know where our leaders are on this, as another city burns for multiple nights they are rather quiet. they call for a peaceful protest but the consequences need to be loudly messaged and enforced but i will say this as well, black

lives matter to those on the left and those claimed to click do not care about black lives and people of color, if you do care about that truly and you do care about americans in general you wouldn't encourage people to resist arrest, several celebrities seem to be doing just that and also putting out the notion that police are out to kill black people, not just mentioning systemic racism and police brutality but putting forth that police are out there actively looking to kill black people, that is a dangerous concept. we have to look at groups like blm and say, you are not a movement. when you use every incident, every tragedy as an excuse to loot, burn, and vandalize, you are not a movement, you are a joke and you deserved to be condemned and i would hope the democrats will look at this and say that this is not the kind of movement they want to indoor or support and the kind of movement and said they want to loudly condemn because as republicans we certainly are willing to do that on our side. >> emily: kayleigh, to tomi's

question, some influential democratic leadership like representative ilhan omar saying that modern-day policing needs to be abolished, rashida tlaib, michigan democrats as the pulley system should be ended because it is inherently and intentionally racist, representative aoc, alexandria ocasio-cortez says this is an indefensible system that grants impunity for state violence and representative cori bush says about that officer potter, "i bet she would have known the differences daunte wasn't a black boy and he was her loved one. >> kayleigh: that dangerous rhetoric and how rhetoric can have deadly consequences, the narrative turned out to be inaccurate inaccurate, and that inaccurate rhetoric, that he did that follows that moment led to the killing, the ambush killing

of officers here in new york, gunned down in their patrol car and it was a tragedy and that keller said, i'm going to put wings on a pig. you take one of ours, i will take to go of yours and went out and gunned down these officers so we need to be very careful about our rhetoric and i think everyone on all sides needs to take a step back and ask themselves, is what i'm saying contributing to the problem, is it making it worse? those lawmakers are indeed making it worse. i grieve for katie right, she will never get her son back and i can't imagine the pain of losing a child and being told it was an accident and how that must feel. but the pain she felt, left to celebrate christmas alone, there's a common sense of loss, we need to step back and recognize that. >> emily: harris, we all believed to the same color. >> harris: amen. which is why i wonder why we

don't get so shocked and hits at the streets when so many people are shot and an average night in chicago, look at the numbers just this week alone, are we going to be outraged by loss as kayleigh is saying or only a certain kind of loss. we will leave it there, we are going to move onto another hot topic this hour, with all of the breaking news. u.s. officials have released another shocking video of a small child tossed over the border wall. this video captured smugglers dropping our 2-year-old from an 18-foot tall section of the wall into his father's arms. the incident comes two weeks after two young girls were similarly dropped over the border and left to fend for themselves. also, border patrol agents have arrested three convicted sexual predators and an ms-13 gang member in a three-day

period according to u.s. customs protection. all of this putting a spotlight on vice president kamala harris, who is gone now 22 days without a news conference since taking the lead role in dealing with the crisis. andy, i come to you for your topline thoughts. >> andy: it's obvious, harris, she doesn't want to go down there because she be associated with the failure because the issue that we have and i think president trump did everything it was possible to do with executive power to try to shore up the border but the fact is it requires legislative solutions, the dysfunction we have down there and the problems causing it had to be fixed by congress, they can't be fixed by the president and democrats really don't want to fix this because they are content with the demographic changes that are made as a result of, you know, no border policy. the bad combination of factors. >> harris: or they don't know how to fix it, they had time to

fix it when they also had bicameral majority as they do now. tomi lahren, you went down to the border, you've done it before, the most recent time you saw some things that were heart jarring and different. >> tomi: absolutely, i will tell you this, i hope our vice president goes down to the border, she said she might go to mexico and guatemala and i would encourage her to take a tour and see what they go through on a daily basis. i will say it again, cbp is really the last line of defense, they are also humanitarians when you see toddlers being dropped over the walls are young people being left in the desert by their smugglers, it is cbp that comes to their rescue. the criminal organizations that control the border, anyone that tells you someone is coming over here without paying up to a criminal organization, they are lying to you or do not understand the way that border works, it is completely controlled by criminal organizations so the biden

administration, democrats as a whole that are not doing something about this open border travel call are directly responsible for this. directly responsible for the toddler being dropped over the wall, also directly responsible for the drug smuggler, the drugs, the cartels and just plain bad people coming into our country. one thing i discovered because i was in arizona was this, border patrol now is being sent to these processing centers to do with unaccompanied minors, the criminal organ organizations and drug cartels are aware of this, they are sending their drugs and their criminals and sending them through other areas like arizona because they no border patrol is being spread thin, this is all part of their plan, they are very strategic and they understand exactly what's going on, border patrol not only needs more resources with the biden administration needs to come out with consequences and stop sending a message for the rest of the world that we have open borders. i would do a whole lot to stop them from coming in and putting them in the hands of smugglers and human traffickers. >> harris: you're special that is very now, if people want to

go to foxnation.com they can sign up and watch some of the fabulous programming and great first-person experiences as we bring it to you from fox. tomi lahren of course, appreciate that. everybody good to see you on this huge breaking news day. "america reports."

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we're literally riding together. he gets touchy when you talk about his lack of friends. can you help me out here? no matter why you ride, progressive has you covered with protection starting at $79 a year. well, we're new friends. to be fair. eh, still. >> sandra: democratic lawmakers unveiling a plan to add more justices to the supreme court. it would fundamentally alter our government and shape u.s. politics for decades to come. but they already may have run into a roadblock from house speaker nancy pelosi. i'm sandra smith in new york, new york. hi, john. >> john: conservatives hold a 6-3 majority on the courts and democrats say they are looking to expand the bench by four seats which is the number they would need to retake the majority. however nancy pelosi said today, she has no plans to bring this bill to the floor. >> sandra: we have fox team