carley: it is monday, november 8th. a post election hangover for democrats is only getting worse as president biden's approval rating plunges even further. >> the country's in a bad place. it was a real tough time to become president president of the united states. carley: we are live in washington as the left licks its wounds and republicans eagerly look ahead to the midterms.

ashley: did you hear this? >> it would be more expensive this year than last year. let us get off of the volatility associated with fossil fuels. ashley: the white house admits you're going to have to pay more to heat your home but the biden administration is still considering shutting down another american pipeline as winter nears. plus the chaos unfolding at a new particular festival in houston heads to the court after eight people lost their lives in an unruly crowd. could the performers pay the price? ashley: and you're watching "fox & friends first" on this monday morning. i'm ashley strohmier in for todd todd. carley: i'm carley shimkus. we begin in washington as democrats are trying to push ahead with president biden's agenda as his approval ratings plummet to a shocking new low. ashley: alexandria hoff joins us live from washington with more on the left's concerns amid republicans flipping major

elections across the country. good morning, alexandria. >> reporter: good morning. more americans are losing faith despite what the be president considered to be a win on friday. the latest poll shows president biden's approval rating hit a new low of 38%. the house passed the $1.2 trillion infrastructure bill but that relied on help from republican as democrats continue to spar with their own progressives on biden's even costlier upcoming spending bill. >> i think congressional democrats blew the timing. we should have passed these bills in early october. if we had, it would have helped terry mcauliffe. i've got to give it to the republicans, they were hungry. that's what happens when a party loses, they get hungry and win a close race. >> reporter: he mentioned terry mcauliffe, considered an early shoe-in to win back his old seat, that is until last tuesday when they elected glenn

youngkin. new jersey proved to be a narrow nail biter. the races are considered the first true tests of how voters feel about biden's presidency. >> it was a rejection election. voters overwhelmingly across the country rejected these radical policies of the democrats but they're still sleep-walking like zombies on this road to socialism. >> reporter: so while democrats are scrambling to reset before the '22 midterms, republicans are seeking to capitalize on shifting momentum. >> we've got to go forward. we've got to move on. we've got to move on and talk about issues that people care about. virginia, new jersey last week showed that. glenn youngkin did not have a backward looking campaign. neither did jack ciattarelli. >> reporter: there's one area where the president came out on top of the polls, that's when you compare it to the vice president, that poll has vp harris at 28%.

ashley: thanks so much. and carley, when you talk about this red wave that happened last week during the elections and you talk about the democrats who are warning congressional democrats of what's to come. they're saying it's worse than it seems. let's run this right here. it's a pennsylvania democrat, she lost her bid to become a district judge against her republican candidate. she warns this is something going on across the country, democrats can't keep doing politics as usual. if you look back at mcauliffe and those who campaigned for him, they pushed that trump agenda, that trump, trump, you know, he's like trump, clearly it didn't work. what did work is when youngkin was saying i'm going to protect your kids. that's what parents are concerned about. carley: and whether it's education, crime, the economy, the democrat message isn't resonating right now and on the economic front, i mean, president biden is all-in. he reacted to these republican wins in virginia and new jersey

by going even further and saying we need to -- we definitely need to pass this build back better plan. where other people thought he might have pulled back from that. and you have moderates saying that is not going to work because we're in the swing districts and the b, b, b is not going to work for our voters. so it's going to be very interesting to see how this plays out. midterms are very far away, though. are we even going to be talking about this in a year. ashley: you never know. carley: prices at the pump are surging you across the country and yet the biden administration is considering shutting down another pipeline as part of its climate agenda. ashley: alex hogan joins us live in london as the administration tells americans the only remedy is adapting clean energy initiatives. alex. >> reporter: hi, carley and ashley. this network moves about 540,000 barrels of crude oil and other petroleum products every single day. so shutting it down would have a massive impact on the oil and

gas industry but it also could have a major impact on the average consumer as well with gas prices already up 50% from last year. congressman bob ladder from ohio, and about a dozen other congressional lawmakers firing back, writing, quote, as we enter the winter months and temperatures drop across the midwest, the termination of line five will undoubtedly further exacerbate shortages and price increases in home heating fuels like natural gas and propane at a time when americans are already facing rapidly rising energy prices, steep home heating costs, global supply shortages and skyrocketing prices. environmentalists argue that despite the potential rise in costs, the potential toll of a leak in the great lakes is simply too high. the biden administration received a letter from michigan's 12 federally recognized indigenous tribes calling on the administration to shut down the pipeline. the white house is reportedly

weighing out the potential options and consequences. energy secretary jennifer granholm acknowledging that prices will likely go up. take a listen. >> it will be more expensive this year than last year. let us get off of the volatility associated with fossil fuels and associated with others who don't have our country's interest at heart and invest in of moving to clean energy. >> reporter: last month protesters gathered at the pipeline and they actually forced a shutdown by damaging one of the safety precautions and just out of precaution for that, the pipeline itself shut down temporarily. carl hey, ashley. ashley: thanks, alex. carley, you spent a lot of time talking to people who lost their jobs because pipelines were shut down. carley: first i would say that the president said he doesn't want to tax people making less than $400,000 a year and it was gas prices going up, it's

essentially a tax on everybody who drives, especially that live in rural areas who have longer commutes. and then i was talking to somebody who lost their job on the keystone pipeline and he said something really interesting because, remember, that oil and gas that was supposed to be coming through the keystone pipeline, it's still coming into the country, just by truck and train which is dirtier than a pipeline. the reason that he says oil and gas prices are skyrocketing, it's a number of reasons, but as relates to the biden administration is because oil and gas companies don't want to start new projects because they're afrayed to -- afraid to waste money on things that the biden administration would ultimately kill. it's not so much the fact that the pipeline was killed but it is because it sends a message in the oil and gas industry that the current administration is not friend of theirs and it's definitely affecting people and their wallets. it's a big problem that the biden administration is going to have to contend with. ashley: now to this, this is a developing story.

houston, p rappers travis scott and drake are hit with lawsuits after the deadly incident at the music festival. carley: eight people were killed and dozens injured during the crowd surge. victims say their cries for help were ignored. jackie, good morning. >> reporter: good morning. 13 people including five minors were hospitalized after this deadly festival. a vigil took place in houston sunday night for the eight victims killed. this morning all but one has been identified, their ages ranging from 14 to 27 years old. authorities launched a criminal investigation into the festival. they say someone in the crowd may have been injecting people with drugs. intense video showing medical staff and concert growers trying to give cpr to victims as the concert raged on. rapper travis scott and event organizers now facing at least two lawsuits over the incident. one suit filed against travis scott and drake alleges the two,

quote, incited the crowd. the 23-year-old concert goer behind the suit said she was injured as a result and is seeking $1 million in damages. now, in a second suit launched against travis scott and event organizers another attendee claims defendants failed to properly plan and conduct the concert in a safe manner. instead, they consciously ignored the extreme risks of harm to concert goers and in some cases actively encouraged and fomented dangerous behaviors. their gross negligence caused plaintiff serious injuries. this as scott who headlined the festival as well as running it issued this personal response to fans saturday. listen. >> i just want to send out prayers to the ones that was lost last night. we're actually working right now to identify the families so we can help assist them through this tough time. i could just never imagine the severity of the situation. >> reporter: the rapper previously pled guilty to disorderly and reckless conduct

charges stemming from two previous concerts where scott encouraged fans to rush his stage. carley, ashley. ashley: scarily, scary stuff. thanks so much. carley: at first he called it a garbage report but president biden is now fiercely defending payouts for illegal border crossers. the he question now becomes how much will they get. ashley: inflation is taking a big bite out of a new york city staple. we talk to a pizzeria owner about how the biden policies are impacting his bottom line. ♪ your mission: stand up to moderate to severe rheumatoid arthritis. and take. it. on... ...with rinvoq. rinvoq a once-daily pill can dramatically improve symptoms... rinvoq helps tame pain, stiffness, swelling. and for some rinvoq can even significantly reduce ra fatigue.

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carley: welcome back. a slice of pizza in new york city is getting more expense of i've thanks to inflation and the supply chain crisis and small business owners are forced to pass that cost along to you, the consumer. joining me now, lenny giordano, owner of mona lisa pizzeria in staten island. explain how inflation is affecting your business. >> every day, lately, every restaurant owner, pizzeria

owner, they wake up with the same question, when is this going to stop. the price increase is so much. sometimes it's embarrassing to go to the customer and tell them again price increased again. carley: you can list about 200 items that you're buying for your restaurant every week and every one of them has gone up 50 to 200%. >> oh, yes. carley: wow. >> and you don't consider the shortage sometimes we have and supply and demand, we can't find -- sometimes some of the items we're not able to find. carley: you're dealing with so many different things. because of inflation, you have to raise prices so you can make money but you don't want to raise them so high because you won't have any customers. >> yeah. the customer also is like -- the way prices are increasing right now, you're going to a store and even it's like the people that work for me, before they see let's say $100 they'll get

groceries. now their pay is not enough because they increase for me, they increase for them when they go to the store. so now there's a shortage for products, we can't make a freshmen auto to print out -- freshmenu to print out because next week the price goes up again. you pay $10 for chicken wings, now i pay $14. carley: the conversations are happening across the country. something else that's happening especially in new york city is the vaccine mandate. so customers can't go into your restaurant unless they're vaccinated. do you agree with that? >> i personally don't agree with that. i think it's like when we talk about vaccination, we open a can of worms because vaccine mandates for restaurants doesn't make sense for me because like so many places you can't walk in with no monday date and -- mandate. restaurant owners, right now we're suffering because if we waited for the person to come in

and have a slice of pizza, now we have to become a doctor, we have to ask for who is allowed to come in or not allowed to come in. so already especially staten island a lot of people are vaccinated so how do you determine who is not. it's not my right to ask you why you're not vaccinated, you can't come into my pizzeria. i'm pretty sure you have your own rights. carley: you're also dealing with a labor shortage. that's affecting restaurant owners across the country. is that that affecting you? >> definitely. labor shortage, basically i'm working double the time to make much less money and we can't even find staff. a lot of people that i know, they're closing five places that i know, very well-known places. they said it's due to the shortage of staff, because they can't keep up. sometimes it's like -- even myself, sometimes when i go out to eat, i used to wait --

carley: we talked about the labor shortage, supply chain issues, the vaccine mandate, inflation. really quickly, how do you feel about the future? are you nervous m? >> yes, very. we're talking like when this is going to stop, you know. we say okay, maybe next week maybe it's better but so far -- i think we have a more difficult time now than when it was actually the middle of the pandemic. it's insane when you think of that. the middle of the pandemic, everybody was locked down but we did some business. because people maybe that were too tired to cook every night so we used to order. we had no shortage, people were available to work. now we have a shortage of food, price increase, shortage of labor. we didn't know what to face. the mandate is killing us. carley: where is your restaurant for those who may be in the area and want good pizza

say. >> we're at 839 -- carley: thank you so much. ashley: a federal judge throws a major wrench in biden's vaccine mandate for federal workers. the white house says they're ready to fight back. a live report on what this means for ten the of millions of americans. and who is the latest democrat to kick mask mandates to the curb?

carley: welcome back. president biden appearing to change his tune on his administration's plan to cut checks the to some illegal immigrants and says it would be a good thing for taxpayers. ashley: and we have all the details this morning. good morning, brooke. >> good morning, guys. president biden now says illegal immigrants separated under the trump administration should be paid after calling that report

garbage just last week. >> if you guys keep sending that garbage out, yeah, but it's not true. >> you said last week that this report about migrant families at the border getting payments was garbage. >> no, i didn't say that. you coming across the border, whether legal or illegal and you lost your child, you lost your child, it's gone, you deserve some kind of compensation no matter what the circumstance. >> the administration now saying it's up to the doj to determine who should get a payment and how much, framing the notion as a benefit to taxpayers. >> if it shows that it saves taxpayers money, if it rights a wrong, that's for the justice department to decide. >> ron vitello joined us earlier to discuss how dangerous rep presentations to illegal immigrants could be. >> incentives are wrong in the

scenario we see right now. nobody wants the border to be in chaos as we see it today. it can't continue. >> the biden administration has not said whether payments are being sought for families separated under the obama administration. carley: the biden administration facing legal challenges for the vaccine mandate? >> that's right. the white house leaping to defend the vaccine mandate for private businesses with 100 or more employees. this as federal court halts the rule amid grave constitutional issues. >> the president, the administration wouldn't have put requirements in place if they didn't think they were appropriate and necessary. and the administration is certainly prepared to defend them. >> the white house defending the legality of the mandate, citing workplace safety. >> i'm quite confident that when this finally gets fully adjudicated, not just a temporary order, the validity of this requirement will be upheld. if osha can tell people to wear a hard hat on the job, it can

put in place these simple measures to keep our workers safe. >> republicans are pushing back, saying osha's job is to keep workers from injury on the job, not enforce broad medical policy. >> it's unconstitutional and to hear the administration equate wearing a hard hat in the workplace to no jab, no job, that is just down right insulting. >> now, as of this morning, 27 states have filed legal challenges to biden's mandate for private businesses. also challenging the constitutionality of the sweeping federal order. and even democrats are pushing back with kansas governor laura kelly saying she doesn't believe the mandate is the most correct or effective solution for kansas, saying states have been leading the fight against covid from the start of the pandemic. now, texas attorney general ken paxton will join us shortly to discuss the legal victory against the mandate and what happens next. ashley, carley.

carley: a hard hat on the job and getting something injected into your body that you're uncomfortable with is very different. i think that will be a big topic of conversation. thanks for joining us in the studio. let's take a live look at the san francisco bay area. that's where senior meteorologist janice dean is here with our forecast weather forecast. janice, good morning. >> good morning. a quiet start to the workweek which i like. we have a storm system moving into the west and temperatures will go up across the central u.s. 51 right now in chicago, 50 in new york, 52 in dallas and that temperature, the warmer temperatures are going to move towards the east coast. so we're going to get even warmer the rest of the workweek. we do have cooler air moving into the northwest in addition to a storm system that's going to move in and bring the potential for heavy rain and mountain snow. you can see, not a whole lot on the radar. we have a weak system that will move across the upper midwest and great lakes over the next

couple days and the west remains very active. this has been the story over the last few weeks into the month and then the snow forecast, we're going to get heavy snow in the mountains, great for skier as we go through the sierra nevada and the plains states. the rest of the forecast looks good and quiet and nice in new york city so take advantage of it. ashley: finally. carley: all is calm, all is bright and warmer. the time is 29 minutes after the hour. if you can't stop crime, should you tolerate it? the controversial question prompting a swift backlash against a san francisco newspaper. ashley: and as biden celebrates a win for his social spending agenda his approval rating hits another light. are voters trying to tell him something? joe concha is live, next. ♪ here i go again on my own. ♪

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carley: social media users are tearing into the san francisco chronicle for this headline asking residents if they should tolerate burglaries during a crime surge. this comes as crime runs rampant in the city. burglaries and attempted burglar burglaries are up 13%. in one area of san francisco car break-ins are up 750%. several businesses are closing or cutting hours because of this surge in crime.

ashley: in boston, a demonstration turned violent when antifa counter protesters show up, the original protest was against mask and vaccine mandates in the city. they used instruments to drown out the mask protesters. police were seen breaking up fights. the police chief said two people were arrested. democratic leadership is scrambling to support president biden as his poll numbers plummet even further. >> the country's in a bad place. it was a real tough time to become president of the united states. carley: joe concha, fox news contributor joins us now. i think it's always a tough time the to be president. the question is how do you handle it and only 38% of americans think the president is doing a good job. >> yeah. carley, these numbers are horrific for mr. biden because no be president has suffered a larger approval rating drop at the start of had his term since world war ii than this president

and the reasons are 10-fold. let me see if i can reel them off. high inflation, out-of-control spending, supply chain crisis, worker shortage, exploding gas prices, violent crime, a u.s. border crisis, the prospect of paying those who entered the country illegally hundreds of thousands of dollars, hundreds of americans left behind in afghanistan. there's an overall perception that joe biden and the administration don't have the competency or focus to run the government effectively and when looking at a polls, always look at where independents are at. they're the ones who ultimately decide elections. in this case, independents by a 7-1 margin say this president has done, quote, worse, not better than they expected. nearly two-thirds of americans say they don't want biden to even run for a second term in 2024. he'll be in his 80s at that point. as for the vice president, kamala harris, she doesn't even have the support of three in 10 americans. she's only at 28%.

congress is only at 12% approval. in a hypothetical match a-up, i'll leave it here because there's a lot to go through, donald trump would beat joe biden 4 points. that's a national poll. that's a popular vote thing. virginia, georgia, florida, arizona, nevada, michigan, pennsylvania, biden is under water by double digits. again, horrific for the president. ashley: when you're talking about the poll numbers, would you say 11 or 12% for congress and then mid-30s for biden and 28 for kamala harris. they're praising that $1.2 trillion infrastructure package, the bill they passed. is that anything to be praising about? do you think they think it's going to help their approval rateing in. >> i think people want -- in general, yeah, we want our roads and our bridges and rail and power grids fixed, ashley. i think the problem is, okay, how are we going to pay for this is the problem and then that's only one part of the bill. that's the bipartisan

infrastructure bill. people can get behind that to a certain extent. it's when we get to the second bill, the human infrastructure part, where i think they're going to be running into problems because, again, they haven't explained how it's going to be paid for and these are the type of things, by the way, that people won't feel for a long time. in other words, when your road, your bridge, your power grid gets fixed, that takes years. people are feeling right now the effects of inflation or the supply chain crisis or rising crime in american cities or in their towns and that's why this president is in serious trouble, this party is in serious trouble when we get to 2022 and the midterms where it looks like a red tsunami right now. carley: vice president is heading to france to commemorate world war i. she will partake in a conference on how to make things better in libya, a conference addressing illegal immigration and how to prevent illegal immigration in

europe but she's avoiding that topic here at home. >> avoiding the topic of, i don't know, going to an actual border town, speaking to border patrol agents, speaking to those on the ground to fix the problem here. here. because that's a big problem obviously for this administration as well. the flow of illegal migrants coming into the country has gone unabated and now we're looking at something like 2.4 million people entering the country illegally just in the year alone. that's more than the population of our fourth largest city in houston. so again, here you have an absentee vice president who is doing everything but the things she is actually assigned to which is fix the border but when you compare i.c.e. to the kkk and when you say that illegal migrant crossings should be made legal when you are a candidate, that's not the person probably who should be in the job at this point and that's why she's polling at 28%. ashley: makes you wonder if that's one of the main reasons she is polling so low right now.

carley: thank you for joining us this morning. ashley: thanks, joe. >> great to see you. it's never a happy monday. carley: the left is facing a fresh set of challenges selling the biden agenda especially after the party's dysfunction was on full display. we're talking to congressman carlos jiminez about how republicans plan to use this against democrats in 2022. stick around. bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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>> good morning, everybody. it is monday morning. coming up, congresswoman maria salazar is standing up for the state of florida as we learn the white house reportedly has flown 70 flights of migrants from the border to the state of florida. newt gingrich tells us what is next for the red wave. dan bongino gibbs us is take on democrats' woke policy. charles a payne sounds off on president biden's energy secretary for saying she hopes gas prices don't soar to four bucks a gallon soon. he's crunching the numbers with what it means for your wallet.

all that and so much more starting a the top of the hour. in the meantime, back to the studio on the 12th floor. ashley: mark levin is tearing into some of the mainstream media over of their coverage of the virginia gubernatorial race. >> the media have turned on, quote, unquote white women in the suburbs, two elections ago they couldn't slobber over them enough. righteous people who believe in diversity, you are the ones they demonize and attack. ashley: glenn youngkin won among suburban women by 8 percentage points. president biden won the demographic easily in 2020. so many are citing women as the key to youngkin's triumph. carley: former hawaii congresswoman tulsi gabbard said the gob won big thanks to the uplifting message. >> if you're not able to see another person as a child of god, as someone you can respect

at the fundamental level as a fellow american, then this is where we cease all of this darkness coming from and so it's no wonder as you were talking about the results in virginia that people chose to respond positively towards that message of hope and optimism for our future. carley: gabbard added that the gop's message was in stark contrast to the anger and di vie divisiveness fomented by democrats and mainstream media. ashley: if biden administration is reportedly considering shutting down another u.s. pipeline even as gas prices are surging and as the white house admits americans will have to pay more to heat their homes heading into winter. carley: joining us now, congressman carlos jiminez, congressman, you are the perfect person to talk to about this because of the committee you sit on. we're talking about line five which transports 540,000 barrels of crude oil from canada to michigan every day and apparently the biden

administration is considering having that pipeline go the way of the keystone pipeline because indigenous tribes don't want the pipeline there but all of this, congressman, is happening amid a drastic surge in gas prices. >> yeah, it's insanity. look, we cut the keystone pipeline. now we're thinking of cutting another pipeline with over a half -- you know, 500 -- over 500,000 barrels a day of crude oil coming to the united states and then he goes overseas and he begs opec to produce more oil. it makes absolutely no sense. just like everything this president's done. and every sector makes no sense whatsoever and so who is going to pay for it? it's going to be the poor and the middle class. their gas prices -- all of our gas prices are going to go up. when all of our gas prices go up, all of our energy prices go up, everything goes up. inflation goes up. again, this is incredible.

it's just one thing after another thing after another thing and then the president wonders why people don't like him too much. carley: and then when you talk the gas prices going up and inflation, that brings us to this. it's the infrastructure bill thats was passed on friday. so they just passed an infrastructure bill but yet they haven't really clarified how this as well as the bbb bill is going to be paid for. so you've got all of this money coming out of taxpayer pockets. my question for you is the 13 republicans who voted in support of that infrastructure bill which infrastructure is great, if it's infrastructure. but there is obviously more in it that is not infrastructure. do you think these republicans who voted in support of that bill are going to feel the price of that, the ones who are at least going to be up for re-election are going to feel that at the polls? >> well, i'm not going to comment on my fellow republicans. i'm going to comment on what the democrats are going to try to do. they're going to try to push

another 1.8, but actually more like $4 trillion bill, 80,000 new irs agents. i'm confident that no republican is going to be voting for that. let's see if there's democrats that vote that down. l actually, my hope is only in the t senate, i think that our hope lies with senator manchin. i believe the democrats will rally and pass and ram that bill through. again, 4 trillion according to wharton. 80% rise in taxes for all americans according to the wharton school again. and there's so many things in that bill which are outrageous and, again, not paid for. all of this debt accumulating. look, this infrastructure bill we just passed has over $400 billion that nobody knows how it's going to get paid for. that's going to fall on us, going to fall on our children, fall on our grandchildren to pay off and the way they fundamentally want to change america, the infrastructure bill, okay, but this new bill that they want, that's the one

really we need to stop and hopefully none of my republican colleagues will vote for that outrageous bill. carley: congressman, on the social spending package front, i guess a lot is rising on the cbo score. because if the cbo comes out and says it's going to create this massive deficit you're going to have moderate democrats in the house and the senate saying we can't do this. so how likely is the thing really going to pass m? >> well, look, i think that the moderates in the house, they talk a great game. let's see if they put up or shut up. the cbo score is not going to be what came out of the white house. so there's going to be a huge deficit here with this cbo score. the price tag's going to be a heck of a lot higher than what's been advertised. but i wouldn't hold my breath thinking the moderate democrats are going to be voting against the bill. i could be proven wrong. i hope i'm proven wrong. i think really the hope lies in the senate right now. ashley: really quickly.

senator majority leader chuck schumer he was seen breaking puerto rico's mask rules when passing the infrastructure bill. do you think this is why we see pushback on the mandates around the country. >> yeah, total hypocrisy by the democrats. there, california, you see it all over the place. it's not called for. it's not necessary. they need to take a page out of governor de santis in florida who is doing a fantastic job in florida. the state of the free. and i'm glad i live there. carley: congressman jiminez on a variety of topics for us this morning. thank you for tackling them all. >> thank you. carley: you bet. time right now, 5:50 on the east coast. the biden administration says it's ready to fight for its private sector vaccine mandate after a federal judge hands red states a win and suspends the controversial policy. texas attorney general ken paxton joins us to discuss the legal battle coming up next.

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be. carley: airline pilots telling joe biden enough is enough with vaccine mandates. on u.s. the u.s. freedom fliers organized a protest of the vaccine mandate outside of charlotte, douglas international airport. one pilot at a major airline saying quote we are out here today because we are tired of the mandate. we are told being told our bodies are not ours it just comes down to enough is enough. we are going to make a stand and this is our stand this as airports across the country prepare for a biz were holiday season. southwest toledo thousands of delays and canceled flights. ashley: red for the red state attorneys general as appeals court temporarily blocks president biden's vaccine mandate on private companies. carley: ken paxton joins us on

this massive news. attorney general, the apeelzs court in new orleans said that the vaccine mandate raises grave statutory and constitutional issues. are you with that? >> absolutely. we are going to fight this until the bitter end, because the president does not have the authority to force people to get a vaccine and then threaten them with their jobs. nor does osha have statutory authority. so still very confident that in the end the law is actually going to matter and we can't have a president just dictate what's going to happen in this country. ashley: i want to play this vivek murthy defending the vaccine mandate. >> the president the administration wouldn't put these flirmtsd place if they didn't think they were appropriate and necessary. the administration is certainly prepared to defend them. >> if the law survives legal challenges, will the administration be extending the mandate to smaller employers with fewer than 100 employees. >> certainly nothing is off the

table at this moment. >> of course they have made it clear that nothing is off the table because months ago they were all saying we have no right to do this and now they are doing it kind of a two-part question for you here. do you think we will see any changes before that january 4th deadline for the employers with over 100 employees? do you think there is going to be any changes as far as not mandating this vaccine and then with what martha raddatz was saying what's to come next? how are you going to tell employers with 5 or 10 employees that they have to mandate this vaccine for their employees? >> yeah. you ask some really great questions. where does it stop. i don't know that it will stop unless the courts step in and stop them. because, i think we will see small employers. i think we might see children. they may limit transportation. who knows where they will go. if they're not put to a stop, i don't know if we can have any idea what the limits of this administration's willingness to affect people's lives.

carley: when do you think the apiece court will make this decision? because this vaccine mandate is coming down on january 4th. will there be a ruling on it before that? >> yeah. i think there will be. they have already put a stay in place. we filed for a broader stay over the weekend. i think you will see quick action on this. i think the courts know. the fifth circuit realizes how important this is to people's lives. yeah, i do think we are going to get quick resolution of this. ashley: i want to go back to the osha topic because that was my biggest question. how does osha really have any leg to stand on with this? make this make sense to me and the people who are a little confused when osha came down with this ruling. is that in their jurisdiction to do this. >> you know, another great question, no, they don't have jurisdiction to do this. there is nothing in the statutory provisions that allow them to mandate vaccines. they have even dealt with this issue in the past and said it would be better done by

voluntary vaccinations and the president himself acknowledged that there was no authority for him to mandate vaccines. he just decided now he is a little inpatient with the american people so he is going to force the issue and make us go to court to stop him. carley: there is the timing of this vaccine mandate. it was supposed to take place in december. the biden administration stwoichesd january because they knew people would be quitting their jobs during the busy holiday season. okay. you have got to get vaccinated to save your life only when it's politically good timing for me. >> oh, exactly. this is supposedly an emergency situation. that's the supposed power that osha is acting under even though it's outside of their purview. so it is odd that this emergency suddenly has though wait 60 days or whatever the number of days. it is definitely not an emergency. ashley: people are hiding under the guise of the pandemic. that's why all of this is getting through. carley: big news over the weekend though and attorney general ken paxton we know you

are happy about it thank you for joining us this morning to discuss why. we so appreciate it. >> thank you, have great day. ashley: going to be very interesting to see what about with the people who have employers. carley: serve very worried about this. people with over 100, under 100. we don't know where it's going to go. we do know where this is going right now because "fox & friends" starts right now. >> president biden's approval rating plunges even further. >> the country is in a bad place. it's a real tough time to be president of the united states. >> dropped more in his first year than any other president since world war ii. >> biden doubles down on paying illegal border crosses. >> if the border crisis continues to get worse. >> coming across the border illegally or legally if you lost your child, you deserve some type of compensation. >> average gas price in america $4 in the gallon. >> we certainly hope not. higher prices for heating their homes. >> this is going to