suspend her or pull her,a side and say we are finding another host. >> todd: starring clay, amazing work. as is joe concha. thank you, have a great day. with that, "fox and friends" ♪ ♪ >> ainsley: good morning, everybody peer that is a live shot of dallas, texas. it looks beautiful they are 5:00 a.m. but here in new york city it is 6:00 a.m. we are sitting on the couch, griff, joey, katie here for a

great middle of the week. >> clearly they are playing that song for you, katie. she has some kind of wonderful. >> it is good, great day so far halfway between christmas and new year's the weird -- >> we saw a couple of poinsettias on the left and right but are you celebrating christmas? >> katie: why not? the tree is still on fox square. it is not new year's yet and i think it's great to have a couple of days. >> griff: rachel said we have to abide by the 12 days of christmas and not take any trees down here that will not happen on this show. >> katie: everything has been great. i am with you guys this morning. >> griff: a lot happened the last 24 hours, obviously regarding the border supreme court keeping title 42 in place against the white house's wishes for now. >> katie: and title 42 dropped, we could see 14,000

encounters every single day at the border, which would add up to 5 million illegal crossings each year. >> joey: lucas tomlinson is live, what do you got? speak with the supreme court title 42 pandemic error measure turned away migrants from the southern border but it will remain in place now after 19 states asked the border to keep it. one of the courts conservative justice neil gorsuch signed a 5-4 ruling writing in the opinion in jackson saying, "the current border crisis is not a covid crisis in the court should not be in the business to perpetuating edicts for one emergency one wood because a look at the officials have failed to address a different emergency. we are a court of law, not policymakers as last resort. the candid admission saying, we will continue to manage the border but we will do so with constraints with decade-old

immigration system that everyone agrees is broken. before taking offers through the holiday, president biden weighty end. >> the court is not going to decide. in the meantime, we have to enforce it. >> some democrats urging the president to do more "what is happening to the southern borders as a humanitarian crisis. my colleague joe manchin and neil gorsuch and i delivering bipartisan solutions to address the situation." >> change some of the policy decision-making. you will see title 42 continue and we h have to win tonight. we are grateful for it. even if a band-aid we look out the republicans have a majority. i think part of that is making sure the administration is held accountable and finding ways for solutions. >> the supreme court will hear oral arguments in february with

a ruling in the supreme court, guys. >> joey: katie, you were talking about this before the show and i think i agree with you and justice gorsuch. it shows the hypocrisy of elected officials when republicans have said for a year and a half this pandemic is virtually over and democrats have said up until a few moments ago that pandemic is raging and some are still saying that let you talk about this issue. speak to the fact is title 42 is a pandemic era policy and yes, it does help prevent 14,000 people from crossing a day. but that doesn't mean there is thousands of people crossing every single morning and overwhelming cities like el paso, a population of 600,000. cities being overwhelmed. so incumbent upon congress with the president of the united states does a lot to prevent people from entering the country. president trump did it and the biden administration to review

everything he did regardless if it worked. that is why you are seeing this disaster. the president to say things to do because not enough time to visit the border and yet a planned vacation this week and really shows again they are not taking this issue seriously. >> if you lee dimmick read the language of justice gorsuch, the supreme court is calling this a border crisis but they will not call it a crisis, the biden administration. and the border sources, we are on track in december and 199,028 encounters the month of december as of today. and it is clearly going to be another $200,000. october 31 -- 233,000. we've never had 200,000 encounter october or november and now in december, pales in comparison to last year which was unprecedented.

so what was significant now the biden administration gets a breather. a few months until february when the court will ultimately decide and what will the administration due to pl put something to get e numbers down? brandon judd the national border council said this to say about the solutions. >> what is overdue is this president actually giving us policies and programs to allow us to secure the border. right now if you look into title 42, we have got it it even though the supreme court say we have to keep it in place. in the meantime we only expel about a third of the people. if you look at christmas, we just had a new record for christmas day apprehensions. it wasn't even close. that is the problem with this president and this administration. no new policy, no new programs, no new operations and support her continues to be absolutely out of control for apprehending eight times what we should be apprehending. there is more drugs flowing into the country than ever before. all of this is complete chaos in

this president is going on vacation. what is overdue is for him to give us the actual policies and programs we need. >> what is really offensive at this point is the statement from dhs put out yesterday saying the border is not open and we will continue to fully enforce. look, the entire administration may be in denial or lying. it is one or the other. >> they are not antimale, they are lying. >> you see this everyday from san diego all the way to el el paso. i bring this outcome it is a bracelet color-coded. you can see here it has a four digit number. there are millions of them. ripped them off as soon as they cross the river because the cartels are using amazon efficiency to make billions upon billions of dollars. now, they are making billions more with the situation as it stands, title 42 lifts up on the cartel will be the most powerful

entity in the western hemisphere. >> katie: there are piles and piles of those along the rio grande and they get picked up by ngos after they turn themselves into border patrol. they are given a bus ticket or plane ticket or basically wherever they want to go. make no mistake the biden administration argued the title 42 should be lifted. their argument was, "we will manage this crisis when it happens." their idea of management is to build new processing centers. i haven't heard a single thing from this administration from stopping people from coming. they will save the border is closed, do not come. when it comes to actual policy, well in terms of border security to get bipartisan done, we will offer money for more wall. if you have more wall, it doesn't matter if you can walk to port of entry and come in. it doesn't change the idea people create committing asylum fraud. therefore, i get to stay and process through. so they continue to build processing centers rather than

stop the problem before in mexico. >> it is important to understand who can have an effect on this and what is being done quit work title 42 specifically, a lot of state attorney general saying, we need to stay in place because a last line of defense for our . and the resources and by the way the resources that are coming from the federal government that all these other policies have made the situation. i want to go back to something staff sergeant john hayes taught me in school, we were in a position to perform an action on a fake bomb in training. he said, "listen, what you did was wrong, but it also wasn't right because you applied a band-aid fixed to a tourniquet problem." republicans are lobbing for a band-aid fixed to a tourniquet problem because they have nothing else and their words or actions to fall back on. i think people at home, voters say hey, kevin mccarthy want to be speaker of the house, where's your skill question requires your policy skill? what can you do to put those two

or three democrats or independents in a position where they have to vote for a bill you pass? what can you do to put president biden on the chopping block if he doesn't sign legislation, the american people will see he does not acknowledge the crisis. and if they can't get it done, just to have that messaging and have some hope that perhaps republicans and congress will understand their responsibility on this issue and do something other than get elected. >> katie: the supreme court, they issued a stay and will hear this case in february make a dissolution with her title two is legitimate and used legitimately. we have a couple of moments to go before we hear a answer. >> joey: still had the holiday travel flight nightmare is not over. the biden administration responding to thousands of flights canceled across the country. >> griff: plus what is next for the code. the rumor next up for tom brady

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>> griff: more than 30 people are dead in western new york from this historic blizzard crippling buffalo. >> katie: it is the deadly storm the region has seen in decades. the number of casualties could go higher. >> joey: max gordon joins us live with buffalo with the latest, max, you are waste deep in snow but that is an upgrade from the last few days. >> yeah, absolutely. after days of mounting snow, bitter cold, whipping wins. today, the temperatures actually will be above freezing into the

40s and by the weekend temperatures could get into the 50s. but then another challenge for the city of buffalo, the potential for flooding because rain will be moving in. this is just another issue for a city that has endured so much. at this hour, at least 30 people are dead in erie county. people have been found in snowbanks, vehicles, and in some cases first responders working to get out people because the roads were so bad. electricity has also been an issue here. at the height of the storm, tens of thousands of people without heat, without power but utility crews have come into the area and more than 7,000 workers trying to restore power. as of last update, less than a thousand people, thousand customers currently without power. still, some issues with looting and people going into stores, taking nonessential items like liquor, tvs pure the buffalo police set up a looting task force and they say, they

currently arrested eight peoplen to looting. this is what buffalo's mayor said about the looters. >> people who are out looting when people are losing their lives in this harsh winter storm is just absolutely reprehensibl. i don't know how these people can even live with themselves, how they can look at themselves in the mirror. they are the lowest of the low. >> now, buffalo people are being told to stay off of the roads but elsewhere in erie county, driving vans are being lifted. the international airport should be opening today at 11:00 a.m., guys, back to you. >> griff: that will be welcome news indeed. max i don't know if there is a weather ward but you deserve it. excellent coverage for more than than a week in the toughest conditions ever, max, thank you so much. >> thank you. >> griff: you can pull of the

story on the latest weather developments by downloading the fox weather apps to any you're connected devices. we encourage you to do so. >> katie: the flooding threat is scary so hopefully, things will be okay, right? >> joey: it sounds like we have it all figured out. >> katie: you can't control the weather, that is for sure, no matter what people think. >> joey: one of those things we think we have figured out how to get around. we learn how to take tons of steel and put it across the ocean, tons of metal and flight through the air but apparently airplanes are not impervious to weather. we have had a lot of cancellations, a lot of lost bags and something i dealt with when i came here this week. a bag lost and southwest has canceled 2,570 flights today, almost 24,000 tomorrow. >> griff: 2,400. >> joey: i'm sorry, 2,400 but it feels like 24,000. >> katie: at least getting

flights on the board today so they can do a little bit of planning. this has been a complete disaster for people trying to get home from the holidays who never made it home for christmas. secretary of transportation pete buttigieg is watching this. let's take a look at what he has to say. >> the meltdown is the right word. this is an unacceptable situation. the bottom line is the deviation system has been on the road to recovery since the worst days of the storm going into friday of last week. as of today as i'm looking at the different airlines, most of them are in the low, single digits in terms of cancellation rates averaging about 5% for all of the other airports. first, southwest appears to be north of 70%. so, there is just a really has completely melted down. and i made it clear her department will be holding them accountable for their responsibilities to customers both to get them through this situation and to make sure this can't happen again.

>> griff: how? how is the answer. you know my yesterday, we got an apology from southwest ceo bob jordan, which listen to this, and then i have a story to tell you. >> truly, i am sorry. here is why this giant puzzle is taking several days to solve. southwest is the largest carrier in the country not only because of the value and our values but we build our flight schedule around communities, not hub spirit nothing but pride and respect for the efforts of the people of southwest who are showing up in every way. the tools we use to recover from disruption service as well, 99% of the time but clearly, we need to double down on our already existing plans to upgrade systems for these extreme circumstances so that we never again face what is happening right now. >> joey: that apology is not enough for a woman named rebecca in a hotel who is distraught and trying to figure out her plans.

she traveled from her kids to l.a. to new york. she is divorced, turning her kids over on monday to her ex-husband, who lives in the area. and she was pulling back on monday. she spent ten hours at the airport, southwest flight got canceled, and was told to go home and log on to find another flight. she couldn't find one went back to the airport and spent hours yesterday and they booked on a flight for january 1st was the best they could do. listen with all due respect, do you feel like pete buttigieg is doing enough? and she said, "no" and she's worried she will lose her job because she can't get back this week. >> joey: son, get your rubber boots on. that is what that was. you want to tell me that after the year we've had some of summer, remember over the summer, the year we have had with airlines failing at every turn and after getting southwest

$3.3 billion worth of our money just to get people to retire early and laid them off and cut their hours off and supposed to keep people employed. they had $1.72 billion profit that they would have lost without our money. so, it's not like they are losing money anywhere and now he says, "you know what maybe we should update the systems that are outdated." to me, that does not cut it. you are a private company until my tax dollars are funding you. i think the ceo of southwest airlines needs to be held accountable. i don't think pete buttigieg has the ability or power to do with. >> katie: it is amazing how after all of the subsidies and the taxpayers monies and the answer is never a good one given they can't control the weather. so at least he got on and try to explain they are learning from the situation but if you are stuck in new york for we can't can't get back to work, that will not just impact your life this week but for the next year if you lose your job.

>> griff: and stories, we will talk to representative nancy mace from south carolina. she, of course on the house transportation committee and the house. she's got relatives also experiencing this spirit that is going to be quite a story. we will hear as well. meanwhile let's toss it over to ashley strohmier to see what else is going on. >> good morning, guys the murder mystery in idaho a new photo leaked on reddit appears to four victims hours before their deaths and time stamped taken just hours before they were stabbed to death in their home. this comes after idaho university professor linked to the murders by tiktok user was not involved with the stabbings. the professor who was not identified by the place has swing the tiktok user for accusing her of being linked to the unsolved crime. former hawaii congresswoman tulsi gabbard over the list of lies he told about his campaign

trail. the fabrications went from sexual orientation to ethnicity to education. listen. >> the question is, do you have no shame? >> i can say the same thing about the democrats on the party. look at joe biden, joe biden lying to the american people for 40 years. he is the president of the united states. the democrats holding sound ugly supporting them. do they have no shame? i made a mistake. and i think humans are flawed and we make mistakes. but i think we can look at ourselves in the mirror and once in a life make a mistake. i happen to make this on national television for the whole country to see and i have the courage to do so because i believe in order to move past this and move forward to be an effective member of congress, have to face my mistakes. i'm facing them. the reality is that. >> katie: this was his first tv interview since accusations. he failed to admit the depth of his deception to the american people. the new year's eve bulk times square is getting a makeover just a couple of days

before it rings and the new year. 2600 waterford crystals added to the ball. also new this year no covid restrictions in times square. you can join "fox & friends" with pete hegseth and rachel campos-duffy all live in nashville this year. you can catch them on saturday as we count down at 9:00. nfl insider says we could see tom brady and coach sean payton in the big easy. mike the florio expects to bring back the old coach and try to get the goat to join him and bry in the buccaneers the top of the nfc south, a free agent this off-season. but brady won's first super bowl at the superdome back in 2002. so we will see. >> griff: i will give you a fun fact, i am playing in the championship with my fantasy

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♪ ♪ >> griff: the title 42 border health policy will remain in place for now. thanks to 5-4 decision from supreme court. while this may slow the search of migrants temporarily, calling on the biden administration to step up with a real plan for migration. texas congresswoman-elect monica delacruz joins us. monica, thank you for taking time and a great addition to the congress to have you in there. what is your plan? what are you calling the administration to do? >> look, we have a say of relief th title 42 will remain in place for a couple of months more. we are asking the biden administration to come down here and talk to the border patrol

agents and to the cities around here. we need a long-term solution that will keep migrants here coming at a steady, slower pace and not the mounted of people coming at one time. we are talking ten, 12,000 people crossing the borders at one time. this is putting stress on local communities. >> griff: we can show you estimate a border crossings if it ends, per day 14,000, they say per month, 420,000 pier a ticket to the year level, that is more than 5 million. those numbers are unbelievable. monica, i want to ask you about the dissent we got from supreme court neil gorsuch and he rode something eliminating. he says the current border crisis in court should not be in the business of perpetuating edicts designed for one emergency only because elected

officials have failed to address a different emergency. we are a court of law, not policymakers of last resort. really highlights, i think, the fact this administration has not done anything policy wise to get these numbers under control. >> they have not done anything. they refused to come down to the border to see for themselves what is happening. they have not put any policy nor any plan in place for this search of migrants that is going to come across the border. once title 42 is lifted. that is what i'm asking the biden administration to keep title 42 in place until we have a real plan for immigration that will slow down the flow of the illegal immigration that is coming through, a plan to put border patrol agents feet on the ground, not just administrative duties and processing centers

but actually protect our borders. and to give our border patrol agents the resource they need. resources as simple as drones to do their job, night vision goggles, things that not only help keep our communities safe, our border patrol agents safe but also the immigrants safe as well. >> griff: you are exactly right congresswoman-elect. because for 30 years, agent saying we need infrastructure manpower. dhs put out a statement yesterday and said the border is not open, yet, again, we have unprecedented numbers. are they in denial? oblivious to the problem? or are they simply lying? >> just like president biden said, he's got more important things to do here they do not care about our borders. they certainly don't care about south texas in the rio grande valley and the search of illegal immigration that has come through here, the

sex trafficking, the human exploitation. and really, the lack of resources that our smaller communities have but they don't have these resources. and fact, what they are saying is, "monica, we cannot afford to wait for fema money to come in to reimburse us for these expenses." this is really hurting our communities along the border. >> griff: let's see if the administration uses the title 42 in place for good to put some policies in place. texas congresswoman-elect monica delacruz, thank you for taking time with us today. >> thank you. meanwhile the return of mask mandates boston students forced to mask up when they return from holiday break but is that following the science, we will ask dr. nicole saphier next. an alleged drunk driver lucky to be alive after sliding across a frozen canal, wow!

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>> katie: we start with this sticky tar star grant and "boogie b" montreux, brandon was not the target but hit by a stry bullet. and his mother lashing out with the crime and leadership saying -- >> apparently there was a gun battle that broke out and he got caught in the cross fire. nobody is safe not in new orleans, not in chicago, and nobody is safe in any city because this kind of thing can happen to anyone at any time periods need to the new york police are seeking two wanted suspects in the shooting including two other persons of interest. a stunning viral video shows alleged drunk driver moving along a frozen canal in indianapolis before crashing through the ice.

watch this. >> yo! >> katie: then you have the guys skating on the ice behind him here are three witnesses, like i said skating on the canal capture part of that joyride on cell phone camera. the driver was rescued from the car and evaluated by medics. the 33-year-old woman was arrested and charged with a dui. she told the police her gps told her to drive on the frozen canal. and peloton is offering exercise bikes to customers just in time for the new year's resolutions. customers can get up to $500 discount. program will offer model starting at $111,900 with the same 12 month warranty that comes with those bikes. international tennis store is

back in australia a year after deported for not getting the covid vaccine. last year he was denied for refusing the countries vaccine mandate but this year he has been granted one and set to compete in the australian open appear at the director calling him the player to beat as his tenth australian ." i guess what a year and a difference it makes. those are your headlines. to the weather. >> good morning a little balmy on fox square. feels fantastic. and you know what is cold as it spent the last couple of days 34 all of a sudden i'm a pretty nice. 33 degrees currently in new york city. 28 degrees in chicago and chile across the south because folks are not used to it. 34 degrees memphis. kansas city that is a trend 41 degrees imperatively mild and warm error following across the states battling bitter cold. the next couple of days from

wednesday into thursday. suddenly 35 degrees in detroit, and it gets warmer, 51 degrees detroit on friday, 53 degrees in new york city, 62 degrees louisville and continues into saturday but christmas day to new year's day folks are waking up 13 degrees in pittsburgh, 16 degrees portland, maine. feeling a whole lot better out there. those are your weather headlines. it is nice to be given good news, joey. i will toss it back to you. >> joey: thanks, adam maybe not snow days because they are out of school but a topic the students in boston with people to mask up returning to class. boston superintendent telling staff and family members based on last years experience significant surge in the covid and the impact on staffing shortages as students absences.

and we return from winter break. here to discuss his fox news medical contributor dr. nicole saphier appear a doctor, is this a science polic? this is not the only school system looking at doing this by bringing masks back the first two weeks of school is what they are proposing. i don't think they have decided on it. what do you think about it? >> good morning, joey. mask is the widely debated topic but the fundamental problem is the public health establishment exaggerate the risk of covid to kids, mask wearing, transition and school the last three years. some of these cautionary things may have been acceptable early on in the pandemic, three years in the onus is on public health experts to prove some of these connections work. the cdc points to observational studies suggesting there may be decreased transmission rates through mask wearing but

unfortunately observational studies have a ton of bias in them. a group of private researchers tried to replicate the cdc study and used larger patient population over a longer period of time. they failed to reproduce significantly dropping case rates with the masked mandates. a harvard come itself out of massachusetts claim for out last month looking at the districts in massachusetts and those who remove the mask mandate in schools versus those who did not. they did a 15 week period on the big conclusion, "hey, a decrease in transmission rate for the schools that kept the masked mandates in place." if you look at the data over the 15 weeks only three weeks were statistically decreasing case rates. it was not the first two weeks. it was actually the 12-15 week, and, by the way, you saw the staff, not the kids. joey, i will tell you public health is not just about the numbers. it's not about decreasing

transmission rates. they are so many other factors involved, especially when it comes to children wearing masks. they say you need to mask up to prevent rsv and flu. they have been around for decades and centuries. don't you think if masks had proven to work before, they would have mentioned it before covid? it doesn't necessarily make sense. >> joey: this topic segues into glenn youngkin and virginia elected talking about parents position in school spirit kind of the public enemy number one i guess for a parent that cares, randi weingarten her. we have a tweet taking a victory lap on covid mandate saying, "thank you diane, that the pandemic took a terrible toll we know school learning is vital for kids. thank you for specifying the ways we press for and here is the good part, save it in person schooling. i think if you look at the controversy under her and the fact that most of us still

remember she was a big advocate for not going back into the school saying it was dangerous for teachers union, do you think this is a politicized thing at this point? >> joey, i rode an entire opinion p on foxnews.com.com this discussing randi weingarten had crept to their children and consequences to recover for decades to come. at the end of the day, we talk about mess mandates and i'll have to do is look to states versus those who did, did not have masked mandates and the raw data in california versus florida, you would think that california may have had decreased hospitalizations and tests because they kept the masked mandates in place but the fact is that is not true. you see there were lower death rates imported based on the population. so at the end of the day, there is no place for these masked mandates anymore. moving forward if you want to wear a mask, wear a mask and if you are sick stay home. >> katie: . >> joey: i love it.

and i think most parents -- dr. nicole saphier thank you for joining us. >> thanks, joey. >> joey: still had a new year with worst shortages. our next guest a fourth-generation farmer who is warning of a major threat to food security in 2023. ♪ ♪

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♪ call one eight hundred, eight million ♪ ♪ ♪ >> katie: we are back with a quick headline starting with this, the stock price of tesla cars for the worst month or quarter or year on record appeared shares down 44% for december and investors with the stock as ceo elon musk spends the bulk of his time running twitter. meanwhile spacex launching a rocket with 54 upgraded satellites early this morning. it was from the cape canaveral space force station in florida. the falcon nine landed on the platform out at sea. spacex's sixth launch successful launch for the year a record for the company. all right new year or so to were shortages and rising prices and

supply issues in 2020 dukes a difficult year for those in the agricultural industry. the next guest a farmer warns that 2023 can be even worse with food security threat. tennessee farmer and ambassador nash joins us now. good morning, stephanie, thank you for being here a food security threat that sounds scary but why do you think 2023 will be worse than 2022? >> well, you have to look at overall decrease around the country. you have to look at the russia ukraine war and how that will affect resources in america. and you also have to look at a big deal about people are not talking about it enough. they are fighting back against the government because they know constitutional regulations with 3,000 farms in the netherlands. then you have to look at basically throughout texas, they see crisis and more regulation

and more housing developments again against agricultural community and a big threat to america. >> katie: you are from california and moved to tennessee because few regulations in the state performing. but how is the federal government capable of making this work through come as you mentioned, making it more difficult for america's farmers to produce food that goes into the grocery stores for people to be able to eat? >> well, i think the biggest thing happening in our country is there are n no new programs. the road is changing and there is a lot of weather threats to our family farmers and ranchers. i have friends in texas that were burning hey to try to keep their crops.

where is politicians? where is the usda when trying to save our crops and our animals from weather devastation? they want to tell us how to do our job on the side for regulation. california, they have tons of regulation with air quality, water coalitions. just to be able to get the resources they need, they are pushing us in a corner to rule out a business. that is really a big supply threat to keeping america warm. so the american people do need to ask themselves, do we want our food grown in america, or do we want to from other countries? >> katie: you mention foreign countries coming at and of course the threat from chinese companies buying up farmland. something the white house says it's a real estate issue, but in terms of the cost for farming, a lot of what people see in the grocery store with inflationary processes because because farming is more expensive. as you know, a lot of it taking out loans at the beginning of the season, planting crops and paying the loans on the back end. how has the higher interest rates as a result of government overspending impacting the

industry? >> yeah, we have seen a lot of family farmer ranchers going out of business next year, unfortunately, because of the loan increase, taxes, overall spending, inflation in our country. but the other thing americans need to realize in the beef market there are four main -- profits and profits for the be farmers and still selling off because of situations and not being able to get feed in certain parts of the country. so if you look at big government, they are the ones with family farms and ranchers and reaping the benefit of americans at the grocery store appear that is the truth what is happening and what will happen if we don't start to wake up and support locally. >> katie: stephanie, thank you so much for your expertise here in and coming on this morning to warn everybody about potential 2023 has on farmers and the agricultural industry. we really appreciate it. thank you. all right, do you have your new year's resolutions ready?

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♪ ♪ >> joey: good morning. you are looking at one of the greatest cities and the world. atlanta city, the greatest of the states, my home state. you can see that peachy color in the background. we are all peachy. you are listening to a great song about a young lady from georgia. so, yo