interest and payments and debt. ♪♪ >> emily: fox news alert. it's been called a major victory for supporters of religious liberty is, the supreme court in that unanimous decision siding with the catholic foster care agency and in a dispute with the city of philadelphia. the justices ruling the city violated the u.s. constitution and banning a religious group from taking part in the city's foster care program because of its exclusion of same-sex couples.

this is "outnumbered." i'm emily compagno and here today is my cohost harris faulkner, along with kayleigh mcenany, also morgan ortagus and in the center virtual seat, buck sexton, cohost of the clay travis and buck sexton radio show starting next week. he's also a former cia analyst. coming up we will have a reaction from our panel but first let's go to fox news chief legal correspondent shannon bream, anchor of "fox news at night. can you tell us? >> as you said religious rights groups are calling this a landmark win. the court today 9-0 defending the state of philadelphia cannot bar catholic social services from taking part in the foster care placement, placement program because a catholic group doesn't place children with same-sex couples. the catholic group seeks only on accommodation that will allow it to continue serving the children of philadelphia in a manner consistent with his religious beliefs. it does not seek to impose those beliefs on anyone of us.

the refusal of philadelphia to contract with csf for the provision of foster care services unless it agrees to certify same-sex couples as foster parents cannot survive strict scrutiny and it violates the first amendment. so this unanimous decision coming as a shock to a lot of the people who had sided with philadelphia, one of the groups they are, the american psychological association had actually written a brief in favor of the city's position. this is a bit of their reaction today saying, we are dismayed that the court ignored the best interest of the children and ruled that religion affiliated agencies are exempt from the city's nondiscrimination law. this decision is damaging to the children who are being denied homes, with qualified foster parents and into the couples that are being turned away merely because of their sexual orientation. despite that statement is important to clarify that there was never a same-sex couple in this case who went to the catholic group and asked to become foster parents and was turned away. this litigation actually happened independent of that but

9-0, that's a final word from the court. >> quick follow-up question. my understanding is part of the heart of the issue involves the fact that the city had exceptions for other groups and agencies and yet refused to allow exception for this one. >> the court that dig into that and said if you are going to have these different distinctions you can't then use them against a religious affiliated group or a group who says i can't do what the city is asking me to do without violating my faith. chief justice john roberts wrote about that in another part of the opinion saying, you can't tell them that you can be part of this but you will have to give up part of your doctrine and that's not the way it works. the fact that this came together 9-0 is the most surprising thing for people on either side of this debate. >> indeed. thank you so much. >> this is part of a trend that has been called part of an extraordinary winning streak for religion of the supreme court and a recent study conducted even before this decision came

out today found that after 70 years worth of data, there has recently been a 35% increase in the rate of pro-religious liberty rulings of the supreme court there with those oral arguments. they found that right now there was an 81% success rate. your thoughts? >> buck: it's definitely a win but it should have been a bigger win because of the scope of the ruling. it's great that you see a 9-0 come down like this in favor of religious liberty but there were at least three justices, and this case, the 1990 case employment division, and allowed local jurisdictions to essentially discriminate against people of faith. those three justices wrote separately, an end as you point

out, there is momentum for cases coming forward that are in favor of religious liberty but we already have masterpiece case felt like kick shop now and the transgender kick issue and this will keep happening until there's a morse would sweeping ruling that goes to the heart of the issue which is that one case back in 1990. >> emily: we talked about the fact that this is a unanimous case as well as obviously being controversial for the issue that buck just laid out. do use foresee a renewed push by democrats? >> it's hard to do that whenever it's in unanimous decision. i agree with buck's legal analysis but let me say from a political perspective, this is a big win for people that feel marginalized because of their faith and belief. if you happen to think that the

supreme court should not be legislating from the bench, which most conservatives do, the type of ruling is really important because the supreme court has not been a ruling a large precedent that would change existing laws. they prefer to roll on a narrow scope, as opposed to making a big sweeping change in this particular court. i think people watching today, again i think buck's analysis is right from a legal perspective but i do think people watching today should be encouraged that religious liberty is being protected, maybe it needs to go further as buck pointed out but whenever many people of religious faith feel like they are being attacked from all sorts of institutions is important that our supreme court today stood up for religious freedom and stood up for religious liberty and that that hasn't been canceled.

b3 that's exactly right. and kaylee, you had a direct interaction with catholic group foster homes. >> kayleigh: that's right. these catholic institutions go to great lengths to make sure kids and very vulnerable situations are taken care of. i remember one group of girls i was taking care of had been beaten by a boyfriend and thank goodness it was a catholic group home there for them to take care of. i remember one boy who i was teaching to read, the catholic nun there who devoted her life to helping kids and me, she said do you know what that little boy said to me? i want to be eaten by an alligator. he was five years old. i tell you these stories for a reason. the story in philadelphia directly attacked children when they borrowed a catholic foster care group from participating outside of foster care. there are 5,000 kids in the foster care system, a thousand 100 every year aged out of the system in pennsylvania which means they are subject to a lot

of times violent and mental disruption. some of them are arrested in my opinion through no fault of their own. this catholic institution, catholic church in philadelphia has been trying to help children for two centuries. so when you attack this catholic church you are attacking these children and politicizing some children who are in the most vulnerable situation that one could imagine. harris, that's the heart of the issue for a lot of americans which is simply the safe care of children. it's the one that is. i do wonder how much -- because you talked about the latitude or what might be next on the horizon beyond this and i'm mostly curious about that for this reason. the religious voice in america has always been looked at as other. and they treat people who are strong in their faith that way. like, if that group is going to fight for something, i'm not sure if they could win.

i'm not sure if they should win, sometimes i will come to the conversation. i'm wondering what else comes on to the horizon? we just had these restrictions and these lockdowns, you couldn't go to church, socially distanced. it was never even in the configuration of choices, but you could go get some weed and not just for medicinal purposes. i'm just wondering if it's about your faith. does this help, do these back-to-back victories, do those help the overall community of the faithful go forward does anyone have a thought on that? >> buck: and a general sense you are correct, but i also have to remember that there is the strict scrutiny standard you have from the restoration act that ruled that the federal

level right now, but at the state level you still have colorado and new york, and it continued to discriminate and drag this out on the courts. so there is momentum here so that would also have to be much more sweeping divisions and legal victories or otherwise people would continue to have church shutdown while the weed shop open and that's religious life and the american left. >> that's so oppositional as to what we are for america. >> there has been a series of court victories of religious liberty is including the specific cases that you mentioned so twice the supreme court pushed back on the encroachment of government in the state of california, and while restricting religious worship inside. they struck that down. a lot that we saw in the pandemic of ordinances and decisions coming out of governors and the like, and that

you restrict to the court and absolutely pushed back. my point is we see that grow to the point where they wouldn't even overreach? >> we would vote right in the ballot box to sort of make sure that those on the mentals are upheld by those elected officials. >> buck: just ahead account -- >> buck: in the overreach was mind-blowing in terms of religious freedom. i think we need to think about where we are in this process. we want and that's why i brought it up. >> emily: just ahead, president biden's highest stakes meeting with president putin is getting panned by republicans, some calling it at a flat out disaster. but as usual the media is telling a different story. stay with us. music, ♪ ♪ ♪ ♪

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>> emily: president biden back in washington amid growing fallout with his summit with vladimir putin fails to produce any breakthroughs. no wonder they lowered expectations. now we know why president biden may have decided not to hold a joint news conference with putin. biden getting testy with reporters on the road stage yesterday as he faced questions with xi jinping along with putin's behavior. >> is there going to become a time we might call him, old friend is too old friend, and ask them to open up china to the world health organization investigators who are trying to get to the bottom of covid-19? >> president biden: let's get something straight. we know each other well, we are not old friends, just pure business. >> why are you confident he will change his behavior mr. president?

>> president biden: when did i say i was confident? i said, let's get it straight. i said they will change their behavior as the rest of the world reacts. i'm not confident of anything, just stating the fact. >> so -- but the media and what is a shock to no one still lavishing praise on biden even after he snapped at the cnn reporter who also excused biden's behavior. >> i do appreciate the president's apology but it's not necessary. >> they will say that president biden did the right thing. >> at one point i thought he was trying to basically be above it, we have of the code that is tested and perhaps believe the defining moment of

president biden, whether his personal relationships will change anything >> i can't think of a more successful diplomatic trip in the 21st century than this one. >> emily: buck, we will get to the media in a moment but starting with you one of my key takeaways from all of this was the fact that president biden was harder on republicans, calling us -- harder on republicans than he was on her adversaries, vladimir putin. we got a little sneak peek in her producer confirmed this on biden's no car to come after his g7 meeting and we will put that on the screen. doj talking points, june 132021. trump abused power, trump doj out of control. now we have to clean it up. i've made it clear this doj will reflect my values and principles and priorities, not donald trump. these are his scripted talking points on foreign soil after he absolutely skewered president trump for bringing his name up when he was in japan.

>> kelly, there are some absurd and delusional approaches that you see from the democrats when it comes to weighing who is a bigger concern for the united states. are there any foreign enemies are adversaries who could reach the same level as say what we are being constantly lectured here at home and the insurrectionist that we hear about every day? no. democrats are much more concerned about trashing republicans even on the world stage then being focused and obviously in this case joe biden himself focused on countries who are doing some things that impact and undermine u.s. interests. as a whole host of problems here but there was also an opportunity for the media is trying to prop this guy up and we hope that we have all forgotten he's been reliably wrong in every major public policy decision. we all know it, and this guy

manages to get everything wrong his entire life and now they are telling us not only does the emperor have close but don't pay attention when he wanders into the wrong room and forgets where he is. it's getting to be a bit too much. >> morgan, the press shop came out ahead of this summit and said don't expect a deliverable. meanwhile biden was that able to deliver a pair of aviators and much more a list of infrastructure that putin was not allowed to attack which makes you think, what is he allowed to attack. >> i like the aviators by the way. i see two different things going on here. one from the staffing perspective, they got to stop coddling the president. it reminds me, remember when hillary clinton was first running for office, can't remember if it was 2008 or 16 but the staff tried to create the rope line to keep journalists away from her and all the journalists freaked out as they should have. it's the same sort of behavior and it's like the staff at

screening, there is nothing to see here, nothing to see here. and the more you say that, the more they look. as a leader of the free world and if there's something that they are trying to protect him from than the american people need to know about that. on the second side this was not a summit. i don't know why they called it a summit. these were strategic stability talks, and we have these constantly between the president, president trump, mike pompeo and his counterpart and not every diplomatic meeting is meant to have some huge breakthrough and some huge outcome. think both sides agreed to return ambassadors which is low-hanging fruit. if both sides are feeling each other out. i think putin was trying to look at president biden and all the people who they worked with under the obama-biden administration, plus the same group let me invited, conveyed crimea. is it all going to be the same or is it so big words and big talk and no action?

>> harris: if that's a great question. kaylee, what was the answer they got? >> kayleigh: that's a great question. >> harris: morgan, you bring up the point for the day and that is what did they see when they looked at our people? >> kayleigh: and i think they saw weakness in my view versus when you look at president trump, who wouldn't -- of the pipeline, energy independence under so many things he did. meanwhile our adversaries watch president biden and this is what they see when president biden does his press conference. >> president biden: i'll take your questions and as usual folks, they gave me a list of people to call on. >> harris: it's we have a couple of lists going on here. there's a list that putin would out of stuff you can't hit and then there's the list that we get of the people who are allowed to ask questions. so does he get the list of the questions that they are going to ask? apparently he didn't with kaitlyn collins, i don't know

how much of this that we as the american people want to put up with or as a press corps. caitlin collins was classy and she said oh, no need to apologize. actually there is a need to apologize for having gone second, but the first guy from russia go longer than you do and get snappy with the reporters and, the other guy kills people. like he comes off looking better and more together than the person who is there to answer the american reporters questions. look. i'm not comparing biden to hooton. no one in their sane mind would ever do that. come on, where was his mind at this moment? >> kayleigh: great question. >> emily: the ever delusional press seems to have attended not a summit but a strategic talk. i think i got that right, because clearly they were showering him with praise on the rest of us were seeing a week counterpart. to your point it's not comparing him to putin but there was

clearly such a contrast of strength and endurance and unfortunately it was a bus that fell short. it's mortifying. the press that look how comfortable he is taking off his jacket and answering reporters questions. he took over 20 questions with no signs of stopping at our president took seven predetermined to your point. then they didn't address him mi. they will be adjusted after he made that weird apology with cnn saying it was nice that he did that and saying, that's classic joe biden coming out and taking it off the table they said. the only thing classic about it that i said was two blocks point continue to faux pas and continued lack of any type of decorum of handling questions thrown at him whether spontaneous or not. this guy continues to fail. >> harris: it so different than what you and president trump faced. >> kayleigh: biden gave aviators and president trump

sanctioned basically until there was nothing to sanction but was a russian asset in the eyes of the media. up next, vice president harris is baking cheese puffs for dinner parties and a texas governor greg abbott handling the migrant crisis. >> the border crisis that we are dealing with now is a direct result of the open border policies that have been put in place by the biden administration.

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reportedly made her own cheese puffs. now, formally announcing that his state is going to build the wall. morgan, when you find the need to say to the white house and the administration that we can't wait for you any longer, one of the vice president has 85 days before going to the actual root cause which is happening in the country, the switch turned on, please come here, what are you left to do if you are a texas in one of these other states along the border? >> morgan: it while you are left to bake cheese puffs apparently. i make the best at blueberry cobbler ever by the way. but listen, there is 180,000 encounters in the month of may.

more than any record in history, encounters at our southwest border. these are the sorts of things, and whenever she was even the authority or command of this issue by the president. from a p.r. perspective and comps perspective, i thought it was sort of wild when she said she was going to take over the issue because i thought, now she's in this predicament. every time there is new news on the border, being in the middle, and governor ron desantis and greg abbott, but once again the federal government should be doing. >> harris: let's start with politics and move on.

but what's happening is the democrats now, kayleigh, i have a problem on their hands. i can would put up a wall there on all the states that are sending the national guard to texas? now we have a political play that can be made and is also good for the states, also good for america and actually good for the illegal immigration danger is that people face as trying to get here. >> oh, yes they are. that was the tailwind behind donald trump's descent, and this is a 20 year high. worse numbers and 21 years last months, illegal immigrants from other countries outside of central america.

and that's an action that biden's compared to the republicans. >> harris: i want to get to cuellar and paxton. >> the federal government is doing nothing about this and they have stopped building the wall, and that makes their job more doable. i applaud governor abbott for trying to to find creative ways. and kamala harris knows it's bad. what happens if we don't hold the territory down there? >> anybody who has an understanding of actual border

security and spent time down there and spoken to border patrol agents, but of course the democrats can never admit this. they dug very deep into the well of, this is a donald trump issue. and in sort of defund the police, maybe the dumbest slogan they've had in living memory, they won't back away from it easily. and that said, walk, is doing other things. >> can we talk about the media fawning over the vice president? they literally praised the cheese puffs as tenderly placed in a basket. the situation at the border, these are two governors that ask

for a call to arms by every other governor in the country to address and manage a crisis that was created by the federal government. this is preposterous. >> harris: and it's being answered. that's what i was saying, it gives them an early win if you just want to look at a politics. i just don't get it. chicago merit lori lightfoot just lashed out at staffers. she sent an email that people are calling deranged and unhinged.

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>> emily: social media tearing into chicago merit lori lightfoot over a bizarre email sent to her staff and obtained by the "chicago tribune." deranged, nasty and unhinged are just a few of the words used to describe it and that's being kind. take a look in january, i need office time every day. 16 times in a row. and what some in that same email, she wrote not just once a week, but every day. if this doesn't change immediately, i will just start unilaterally canceling things every day and she did that a number of times as well. to make sure that message really think then she writes up at 13 times, a whopping 13 times, have i made myself clear finally? the email was born of frustration and last night tucker carlson pointed out, you may have seen something like this before. >> whenever you come in here and interrupt me you are breaking my

concentration. anger distracting me and it will then take time to get back to where i was. understand? >> yeah. >> how do you like it? >> harris: oh, man! [laughs] >> emily: hilarious, if it weren't so true. these abusive emails, they were absolutely and totally insane. >> buck: i mean she didn't miss an opportunity to really use that caps lock button. i'm just going to put that out there, i was surprised. but i'm glad she was doing a lot of cutting and pasting. lori lightfoot, the good news for some folks is at least now like mayor de blasio in new york would say, maybe i'm

not the worst mayor in the country which is it -- and then there's the mayor of portland, and a few that are in contention here. if you look at what's going on in chicago, they got a lot of problems in the city and i don't want to be that guy that's talking about the reality of the crime and crime surge. lori lightfoot treating staff in this way after there's been reporting for a while that there's high turnover at chicago city hall, not surprising. but this also doesn't tend to endear you with subordinates. from what i understand having been a subordinate many times. >> kayleigh: emily, i laughed out loud last night when i thought your reenactment of these emails. >> i need office time every day. i need office time every day. i need office time every day. i need office time every day. i need office time every day. i need office time every day. i need office time every day. i need office time every day. i need office time every day.

have i made myself clear finally? have i made myself clear finally? have i made myself clear finally? have i made myself clear finally? have i made myself clear finally? have i made myself clear finally? have i made myself clear finally? have i made myself clear finally? [applause] >> kayleigh: that went on for an impressive 90 seconds. >> emily: as i was reading it, i was like it's going on forever. this woman salary is being paid by tax dollars as the city is pummeling outside of her office and people are dying and she is doing that at her computer. that's the kind of email you don't press send four and unfortunately there probably won't be a lot of accountability because it was five months ago. so it's not as if anything has happened since. so it's not as if reading that out loud for the got felled so, it was pretty really hilarious. >> harris: what super sad about this too is she's off it's like out people around her who are too intimidated to say anything. how do you keep something like that without many receipts as we

like to call it, quiet for that long? >> kayleigh: if there was another receipt that we have and she was apparently upset that a document had been so delayed to her that she sent a picture of ripped up papers. that popped up on the screen and she said here's my new practice for memos that come in at the last minute. i've asked nicely and now i'm done. morgan? >> morgan: she kept complaining that she didn't have office time but then she sat there typing out three different paragraphs i think it was, repeating the same things. so i thought that she type it out or did she copy and paste? so many times. that took a lot of time to do all those redundant phrases, maybe instead of writing that nasty email and spending all that time writing redundant phrases she could have enjoyed her 5 minutes of office time that she wanted. >> harris: it did she just asked the feds to help out with that situation? by the way, the hypocrisy, our list has her in first or second

place i think. going in and getting her hair cut one of the rest of everyone else couldn't. she has to look a certain way so she had to break with the pandemic restriction and go get that done. this was a woman who makes peculiar choices with a lot of power. >> she has time to get her hair done, she has time to call me a care and when i call out crime in her streets and, she now says that she needs help from president trump. and he offered. the curtain is pulled back. the curtain is indeed pulled back. just ahead of, why victoria's secret is ditching its iconic angels and who will be replacing them? next. ♪ ♪

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we know how much you count on us... ...and that's why we're here 24/7... ...and on the road maintaining a fast and reliable network. we're always working to ensure the internet meets your needs... ...by making access easier for all... ...with comcast lift zones and our internet essentials program. we're invested in making our apps easy... ...to give you personalized assistance around the clock. and we're committed to keeping our team and customers safe by working from home... ...and using precautions in store. see what we're up to at xfinity.com/commitment >> emily: florida leading the charge to come up with new solutions, senator marshall blackburn will join us fresh off of inviting other senators for

dinner. plus nancy pelosi slamming capitalism? and that strange email from merit lori lightfoot mayor of chicago to her staff. and jim gray on a sticky situation for major league baseball, we got a rock and show coming up at the top of the hour. >> emily: victoria's secret seems to be undergoing an extreme brand makeover as it looks to redefine what is come up with a luxury giant saying goodbye to its iconic angels. the ceo explaining that the scantily dressed supermodels strutting down, karen way are longer culturally relevant. they are not replacing them with these high profile women known for their competence instead of their figure. morgan, i'll start with you on this. many of you are arguing that this is a long time coming and they say that victoria's secret has been outdated for a while and that their sales reflected that in sort of a dismal showing. while other lingerie brands were updating their retail presentations on marketing, victoria's secret was sort of stuck in the early 2,000, they

were stuck there. this is sort of a long time coming. >> sowell brands, who owns victoria's secret, their stock was down this morning. i look at this from a business in pure branding and marketing perspective. part of the reason the sales were down for victoria's secret was because of products are not very quality and you could go and for an affordable price you could go online. there is all of these laundry start-ups online where you can get better quality products at cheaper quality prices. there is a issue of women walking down the runway been a problem that i think the issue was the quality of their garments, this reminds me of the miss miss america pageant, indulge me for two seconds, when they took with a swimsuit competition which was so stupid. if you like beauty pageants, you liked watching the beauty pageant and when you don't like they took away the swimsuit competition from miss america, the viewer is plummeted. it's not like a bunch of

liberals started watching miss america suddenly, i see the same comparison. that's my high horse about miss america. >> that such a great point. as part of the argument as well is that a lot of this had to do with the show itself, that it brought so many viewers of both genders and that it contributed to a lot of brand notoriety and subsequent sales may be as gifts. what are your thoughts? >> buck: i know some lite commentators who have seen the angels do their thing before, so that's a wash. if we are talking about the culture, but this is just an opportunity to get into trouble. i think it's not going to be a good move for their brand and let's focus on the economics. let's drill into the economics. i don't like it's going to be a good move for their brand on the cultural relevance point i think is covering up for them, and one is getting attention. for the brand in general and trying to go a little bit woke.

i think i'm going to leave it there. i think i've had a good show today. we will see how this goes. >> harris: and i'm going to give myself in the box here. >> why can't you do both? >> exactly. >> harris: one of the things that we done at town halls that i've posted, you have your showcase and in this case victoria's secret will have their showcase in the audience can be invited, members who you would also like to highlight and showcase and have everybody participate. in my case this would be an opportunity to stand up and have a secret, they don't want me in victoria's secret's. but maybe my secret is my suit or whatever it is. but i don't understand, and i'm with buck, this is attention-getting. they are just trying to create a thirst trap because they need their sales go up.

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interest and payments and debt. ♪♪ >> yes, hunter biden's art. it may be worth a pretty penny. a famed art dealer says price hunters abstract pieces between 75,000 and space by $500,000, the same price range as artist like andy warhol. i don't speak much french but i bet it's expensive. emily, are you going to buy this? >> emily: i can doodle and say it's worth half a million. he's had more job titles on the millennial that we are supposed to appreciate that he is an art master. he said it took him two years to complete her self-portrait because he was busy evading child support and berating his dad over text.

who is going to tell them his art is horrible? >> harris: buck, he is still using the biden name. why not use an enigma, like prince, something that doesn't have a name in it. his dad is the president. >> buck: it's not his talent winning out. people paying him this much money. are there legal implications. if i was somebody related to a politician, can i start getting paid a million dollars for my finger paintings and that would all be okay? i start to think about that. >> harris: lightning round. i >> morgan: bless his heart. this was a much better. this is a much better line of work for him than politics and advising ukrainian energy companies. >> zero experience hunter and sean hannity calls him. making an appearance in the art world. >> harris: there is no love

for hunter biden? >> emily: the art industry is the least regulated legal industry in the world. it's ripe for laundry. i suspect his buyers will be chinese. >> buck: i'm sure hunter is fun to hang out with him for being honest. you just got to be careful. >> that's going to do it. "america reports." >> sandra: having a lot of fun over there, good to see you. fox news alert. cancel culture targeting a colorado baker. jack phillips won a partial victory at the supreme court in 2018 for refusing to make a wedding cake for a same-sex couple. now he's being fined for refusing to make a cake for a transgender woman. he's vowing to fight back. his story just ahead. >> john: will talk to brian kilmeade about the apparent doue