efforts to forget student loans. that decision could come down tomorrow and given this affirmative action today, some suspect the supreme court could slap that one down and that could get another presidential announcement and speech blasting the court for going too far right. we're on top of that tomorrow. "the five" is right now. i'm greg gutfeld along with judge jeanine pirro, jesse watters and when she need a rieb from uber, they send a hot well, dana perino. "the five." is this a rogue court? >> this is not normal. >> should there be term limit frslimits for the justices? >> president biden screaming at the sky for another supreme

court ruling that didn't go his way. top court dealing with affirmative action. that means merit agains and the media will need a fainting couch. >> the worst thing about affirmative action is that it created a clarence thomas. >> clarence thomas has criticized affirmative action and we know that's why he's on the supreme court. >> i think this is sticking dag dag dager in our back. >> we will see that segregation become wider and wider. >> what's next, gay marriage? >> is this leading to no women in colleges soon? who knows. >> no women in college. we can dream. i joke. biden wasn't done sobbing running over to the safe space of msnbc. >> find it so out of sorts with

the basic value system of the american people. >> do you worry without court reform this conservative majority is too young and too conservative that they might do too much harm? >> i think they may do too much harm. ink some of the court are beginning to realize their legitimacy is being questioned in ways it had not been questioned in the past. >> he ended that interview the only way he knows how by awkwardly shuffling off the set before they went to commercial. here he goes. wait a second. you left something. all right. ha harold. i go to you for no particular reason at all. you were on vauacation. the decision is based on the idea you can't fight racism with more racism. we kind of figured out over the last three, four, five decades. what say you mr. ford junior? >> it's going to be back.

>> thank you so much for saying that. >> congrats to the two of you on the news. >> at least me. jesse's will be short lived. >> he's already cursing it. it's a great segue to affirmative action. it's always been an imperfect tool. fry to redress racism, the impact of race and the admissions process to promote diversity. today is an interesting day because the way we talk about this sometimes is it's like we forget that we brought affirmative action because, we introduced affirmative action because race was a part of all this. now, i'm not as discouraged as some are. i look at some of numbers. you have an absolute number of majorities born after 2012 who

are young people of color. almost 50% of gen zers are people of color. what i'm most encouraged by, read the entire opinion. roberts said that universities can still consider applicants discussion of how race affected his or her life. family income, zip code, all these things will continue to be part of how we look at this. race alone may not be the way we should look at this going forward, income, how you were raised, the kind of experiences you had. i still hope universities are able to do that. i think one thing that those been very critical are right

about. if we don't find ways to continue to promote diversity, you'll see fewer doctors, fewer lawyers, fewer television producers, fewer professionals who might be african-american or hispanic. that's what i hope we try to achieve. the politics will be the politics and people can say what they want to say about the court. i have my own feelings about it. i hope today is a new beginning. i hope we try to reimagine and be more creative and how we try to advance opportunity for every american. >> dana, harold makes a good point that times change. if you're a minority who get a good education and stays out of trouble like anybody else, they have more opportunities than they ever had before. to deny that is to deny your own achivements.

i saw where justice jackson said it. >> i like reading john roberts opinion and then reading both clarence thomas and judge jackson. you have two african-american people on the court and they have strong disagreements about this, thomas rights racialism isn't be undone by different or more racialism. we haven't mentioned it was asian-american student who is brought this case. they felt they were being discriminated against. they weren't asking for specific numbers to be allowed in. they were asking for fairness. so many things have changed. sandra day o' connor in 2003 said in 25 years, i imagine this will probably not going to be necessary anymore. well, where are we now? it's 2023 and in 2005 when i was a spokesperson for justice roberts in his confirmation hearing, this issue came up. he's been working on this for a long time. it took this case by these

asian-american students to work its way up to get to this result. i wonder if people who will are critical of this decision can think about the principle that they are against. what is the constitutional principle you're against here? that's what the supreme court is supposed to do. they are documenting it on tik tok and other places how they will circumvent what they expected in this ruling. it will probably be questions about that. the last thing i would say about opportunity is people going to college, the best thing we could do is improve k through 12 education. >> amen. >> then you'll be able to have people who are reading, writing and doing math and science and history at grade level and maybe you'll choose not to go to college because there's lot of different opportunities. >> college is not the savior. it's what happens before. >> i would love to see some kids and maybe in poverty situation, take up their case, bring up something like this about k

through 12 education so everybody has a more equal chance to go to college. >> according to 23 and me, i think you were under 1% african-american. we assume that's why you got the ap gig and i didn't. you see this as a positive supreme court decision while you have exploited the benefits of it. explain your hypocrisy. >> minorities like me should acknowledge, and i'm just kidding. i think we should acknowledge a lot of minorities in the college are heartbroken by this case. they would acknowledge they have achieved success through affirmative action and they wouldn't have had opportunities had affirmative action not been there. they will acknowledge that. the fact that's going away is a big blow to them. i think we should acknowledge that. what we should acknowledge is if this goes away, all the court is saying is this a legal matter that constitutional. if society wants to change the

academic success of african-americans want to boost they academic success through certain emphasis on certain thing, there's no one stopping that. there's no one stopping white american, hispanic americans, all americans for improving their own lives. it's just that the court said this is not our job. we will not endorse discrimination. it's against the 14th amendment. you can't fight discrimination with discrimination. claerns thomas said race does not determine your value. he said it does not determine success. there are so many other things that go into success. people have to realize where we are in life is the result of all the decisions we have made. some of us start on third base. there are certain white americans who are getting into these elite universities because their fathers went there. >> legacies. >> legacy administration. athletic scholarships. there are people that do achieve

that. >> when you argue that legacy should go away too. if affirmtive action goes away, why not legacy. >> it depends if jesse is going to trinity. >> i knew he was going to say that. >> you should look at class. there's so many poor white americans that denied opportunities just as the way black americans are because they don't have the income. they don't have the access to elite schools in order to spring from a private boarding school into harvard. you have to accept that. the supreme court is not getting involved in it. >> going back, it starts before that. i think that's why. >> it starts in the home. >> starts in grade school. nancy pelosi says this is why we need term limits and this is from a person who won't leave congress unless she's in a hearse. >> and doesn't want feinstein to

lever either. democrats will use this the way they used dobbs in 2022. it's simple. affirmative action admission policies violate the equal protection clause. the 14th amendment was drafted in the wake of the civil war when congress said no one should be denied the equal protection of the law. if you follow the genesis of where this started and then you go to brown versus board of education and those supreme court case, the court has tried to make it a level playing field so the color does not add or take away from the ability to get a good education. as sandra day o' connor said she assumed at some point it was going to go away. when is it time for this to go away. it's time to go away when we live in a society that's so

focused on not just equal opportunity but equal results. i think that this decision is in itself racist because it says that blacks need hand up. it says blacks, you're not as bright so we got to tick that color thing to get you in. what it says in terms of today's world is people like randy winegarden should not be promoted the way the woman has been promoted but she her feet should be held to the fire for what is happening to kids in the school because of the unions. kids need to be geared and schooled in a way where their able to read and write when they graduate. that's not the case. half of third graders in this country cannot read. they cannot read. the focus at this point, given this is the law, this is the way t supposed to be. we have to make sure the elementary school, middle

school, high schools really focus on making sure kids get a good education, parents have a choice to get to a better school but all parents should be able to get a school, get their children in school where they can achieve the results and we'll get them into the colleges and finally, my final point is, i don't want someone who got in to law school or medical school because of the color of their skin. i don't want someone who is flying plane because of the color of their skin. i want the best person to operate on me. the best person to represent me and the best person to fly me where ever i'm going. i'm done with affirmative action. >> all right. we're done with the a block. coming up, two tracks of justice. marine veteran charged while a similar case is dropped.

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marine veteran daniel pleading not guilty in the death of jordan kneely on a new york city subway. his attorney thinks the jury will understand why he acted. >> there's not going to be sang a single person that haven't seen or can't conceptualize an environment like this because it's reality of daily life in the city where we have thousands of emotionally disturbed people on our subway system. >> contrast that with a strikingly similar situation that played out one month after penny's choke hold. jordan williams and his

girlfriend were riding on the subway when a deranged homeless man physically assaulted him. williams stabbed and killed the homeless mass but the grand jury decided to drop the charges because it was self-defense. do you understand this situation, judge jeanine. it looks almost exactly the same except for one thing. >> what's the one thing? >> the raticial angle. >> it's not just the racial angle. we asked the da the question. i said i wonder if it's the same da's office. it isn't. you have the brooklyn da office who handled the case where the stabbing and the manhattan da. the da in brooklyn is the charge against jordan williams is clearly an intentional charge. when you take out a knife and

you stab someone repeatedly it's intent. he wasn't even charged with an intentional crime. he was charged with a reckless manslaughter and not intent. it was easier for grand jury to dismiss where in manhattan, you had the grand jury charged on manslaughter and on negligent homicide as well . there was no intent in the danny penny case. he thought the cpr people would come no and i found out today from source that they were looking for narcan. that's ha what they thought was going on. i attribute it to different da offices and i'd rather have danny penny in court in brooklyn where everybody is on the subway than in man thathattan where

everybody is not on the subway. >> i don't necessarily disagree with the judge. i think the manhattan, brooklyn did differentiation is important. i agree with the judge. i'm torn on this case. i think i got the same materials judge as you got. i want all the facts to come out here. i have some sympathy thr this young man. i haven't seen everything yet. based on what i've seen, i can understand it. as someone who rides the subway and seen things happen with my own kids, i can understand how one might react this way. we'll wait to hear facts come out and let the trial occur. >> not everybody is an attorney who studied the case like judge jeanine pirro. if you're a regular person who

is glancing at the story, this is why people don't trust the criminal justice system. i know how you change that. >> you know i'm a regular person. >> just like every one else who rides the subway and drinks beer. >> i think you can have two viewpoints in your head. my one viewpoint, happy for jordan williams. he put the chiv in chivalry. ps. this other guy did this same thing and he's charged with manslaughter. what's going on? what is the variable? it is race. it is race. whoever was deciding when you have black on black, that controls for race. it's when you do a scientific study, you control the

variables. in the penny case, it was white and black. no factor in the choke hold case but the reporting of it and the politics made it. the outcome was racial. that's why you got him charged. there's still affirmative action but only in depending people from deranged femlons. >> the bus stops are insane. >> on 6th avenue especially. >> you have people that cannot shelter in the bus stop because of dangerous people who are holding court in there, making their home in that area, defecating, urinating in area. those people have to walk 50 yards or 50 feet up and hail the bus and hope the bus sees them because they can't sit in that

place. the condition of the city. it's not just this one. it's all across america. say you're in wyoming and you watching "the five," you look and say how can you not expect people to believe there's a disparity here. there was somebody on the subway, we don't the information of the person helping daniel penny hold down jordan. he didn't get charged. the guy has possession of a deadly weapon. he didn't get charged for that either. none of that gets done. it's very upsetting to me. i'm sorry it's happening not just to daniel penny and to the victims because the city is not serving anybody well. >> sure isn't. coming up, rfk junior giving

the democrats more things to worry about and it's not the shirtless work outs.

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pick up dad from airport? ohhhhhh. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ rfk junior causing more trouble for the democrats even as they try to ignore him. he's been busy grabbing the attention through campaign effort, including the shirtless work out that you've seen a million times. it's what he said last night about losing the nomination that might make democrats pay some attention. >> if you don't get the nomination, you won't support president biden. >> i don't know what i'll do. let's see what happens.

my plan is to win this election. i don't have plan b. >> all right. one of things interest is watching rfk junior run to biden's right instead of his left. does that mean there's a middle lane for somebody like him? >> maybe so. i think he's being unfairly criticized for this comment. if you're running for political office and someone says if you don't win, will you support the other person, i think it's natural to say i think i'm going to win. i haven't thought long and hard about that. i'll wait for it all to happen. i think it's a contrast to right now in the republican primary, you can't get on the debate stage for the rnc if you don't pledge you'll support the nominee. i think that's wrong too. if you want to run as a republican, you should lay out your ideas and run as a democrat the same. once the race is over, we're americans. that's the foundation of freedom. you should be able to determine whom you want to vote for. if he's running to the right of

president biden, maybe he will ask, which he loses, he's only polling 17%. he should say to president biden here are some of things i want you to think about as you're running. that's time honored tradition in politics. democrats that lose look at the nominehere are some things i won in the platform. republicans say here are some things in the platform. i would imagine he may do the same thing. part of it is he wants president biden to debate him. we don't have that kind of opportunity and we don't have that kind of fairness on the democrat side that might be something he objects to. it might cause him to rethink whom he supports for president. >> i want know what you're writing down. >> i wrote this loyalty pledge is bs. both sides maybe everybody go like this. trump gets the nomination. did kasich support donald trump? no.

is christi and asa hutchenson going to get behind trump? no. it's garbage. if you're smart, you do what he did. you use that for leverage and negotiating power. rfk is out there with 20%. he's not juice. you don't think biden notices he has juice on the left. he has to come to rfk junior and says what do you need. let's do business. rfk junior he can do business. if he's just, i got you no matter what, he loses all leverage. he actually said it in another interview he may consider being hhs secretary in a republican administration so he has a lot of irons in fire. he can play on both sides because he's a pop list and there's a pop list movement coming off the right an left and both sides are trying to press it down and it's erupting.

>> i want to play some sound. >> isn't it sad you have these people that know better that rare educated. they are lowering their intellect to attract people that don't have the analytical skills that they need. shame on them for doing that but taking advantage of people. >> it's like a thinly veiled way of saying people are deplorable like rfk junior or trump. >> i just can't believe how people on that show get away with calling, not one person, if you got a problem with one person, that's one thing. it's like the whole group of them. all the republican women were roaches. wasn't that the last thing they said? now it's like, imagine if we did that. imagine if we said all the d demon democrats or independents. it's crazy town. i want to say something about

rfk. i think he's the only candidate who is kind of defying modern day politics. he's not going along with i'll be on team. he's like, i've got this iphone and i'm going to go down the border. i'm going to talk about these issue. i really think the guy is, at some point, going to breakthrough because people are going to say, he's a real guy. he's got some real ideas. the left can call him an anti-vaxer all they want. they can continue to say we're all behind joe and stumbling and calling ukraine a rock twice in less than 12 hours, i think. at some point the dam has to break against joe biden. it has to. someone like him, rfk, whether or not he'll be the big guy who benefits from that, you know he's going to come through. i think he's going to be stronger than where he is. he is down 17 from 20.

i have a lot of respect for him. finally, as it relates to the women on the view, i don't want to comment on people who call groups of other people horrendous names. >> you think bern kie sanders looking at this going i should have done it that way. >> i'm not sure he's at when he's saying that. >> he's got many. >> i always defend "the view" because they're always in a bad mood because the green room ran out of hay. did trump not raise his hand or raise his hand? >> he didn't. >> that is when everybody stood up at home and the rosy quip. i think you will see that happen with rfk junior. he's purninshing both parties forward in topics they want to avoid. trump, this is why rfk is the

closest to the trump phenomenon in 2015. i wasn't fan. rfk junior asks about everything. everything is up for grabs. every topic, every issue he challenges the assumptions of his own party. he's good at it. he's not like the atom bomb of trump. he's more like a stinger missile. i have two concerns. i have two questions because he's going to -- i'm going interview him. he doesn't know it yet. unity. he refuses to bash trump and he refuses to bash his voters especially a stark contrast to hrc and the deplorables and especially joe biden. this is what really upset me about joe. he said he was going to be the unity guy but he lied through his false teeth. his teeth are false, and he's false. i would like to see a real unity pledge from rfk junior. he's already showing he's not

divisive by not saying these things. he will talk to anybody. he will go on any podcast because he's the outside dude. that was an excellent interview. liz vargas was speechless at times because she was trying to corner rfk junior on the consistency of his vaccine message. you can be pro-vax and a vaccine skeptic at the same time. we do that with everything. we're pro-social media and anti-social media. you can be a skeptic. part of being pro-science is being thethe skeptic. i saw him answer this. he reconciles his beliefs pretty strongly. liz vargas was left with i didn't expect this. he's very strong at this stuff. people need to start listening

to him. i think if he runs independent, i think his strongest chance is running as an independent. >> there's no time like the present. only 30% say they are republicans. 30% say they are democrats. >> plus he's ripped, dana. >> have you been checking it out? you play that video on your phone? >> no, i saw it on your phone. up next, dr. fauci getting roasted by dana car vey.

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impression. >> he said okay, i'm sorry. if you had two boosters and two vaccines you can get and give covid to another guy who's had five vaccines and four boosters. that's why i'm introducing the daily covid shot. every day you get a shot. by time you get to your car, you have no immunity but it's a beautiful 39 seconds. >> okay. i like that. all right. i'll start with you, greg. it's awesome to see comedians finally feel comfortable enough when a year ago, we would have been os stracized or dana carve would have been ostracized for that. >> one thing you notice about dana carvey and david spade, they are older dude. there's a weird flip where the old school comedians are taking the risks. maybe because they have the money or the cache but they are likely to speak truth to power

than a lot of the up and comers who basically, they have their christ like figures. it's fauci. before that hillary, before that obama. there's certain things they won't make fun of. you see people like chappelle and a lot of these, oh my gosh. they are the ones saying, you know what. we have to remind people you can make fun of everything especially the people in charge. doesn't always have to be trump. >> it's as simple as black and white. you're vaccinated. you're safe. you're unvaccinated, you're not safe. >> i'm glad that this is happening. the left is going to say now it's time that we can make fun of them. good. let de let's do that. ridicule is one of the best things you can do.

i think dr. fauci might laugh at the impression. it's pretty good. you go back to george h.w. bush, dana carvey impression was his tar cal but he could also do ross perot. 41 invited dana carvey to the white house. that's a more healthy society. you can't do this kind of thing in other countries. >> all right. fauci got a gig at georgetown. he said given what i've been through, i think what i have to offer is experience and inspiration to the younger students. given he can't admit he made a mistake, should he be teaching anybody? >> i think he should. i think the students should ask tough question and poke fun. it's a sign of achievement when you're made fun of by dana carvey. two the toxicity in our politics, culture and the way we speak to one another, you got to have a sense of humor. i thought dana carvey did a good

job. i hope he imitates me one day. >> fauci said to the new york times, show me a school that i shut down. show me a factory that i shout dun. never, never. >> key to shutting everything down. life is about touch and timing, judge. you know when someone makes a joke and you go too soon. same thing as this. i have a ton of january 6th material. it's too soon. you have to know when to get in. it's like when you're a widow, when do you start dating? these comedians waited until it was the right time and you're back in the game. everybody understands that. if you come back in too soon, you get cancelled. if you wait then you look safe and that's boring. this guy is short. he's cocky. he's got a brooklyn-italian accent and running around with needles. this guy has so much material

that it's blasphemous for the state of comedy to leave this guy alone. all right. where should the ketchup be spored? find out next.

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it's a age old question that plague mankind for centuries. where should ketchup be stored. hines says ketchup goes in fridge. let e let's go around the table. judge. >> i keep it in the fridge. my kids come home it goes in the pantry. after it goes in the pantry, i'm sorry convinced it bad. i put one in the fridge and they come back and put it in the pantry. >> it's high because you keep buying ketchup. >> john kerry. >> it goes in fridge, but my butter does not go. it stays out room temperature so when you slice into it for your toast, it's all melty. >> remember i told you to do that. >> don't you get sick? >> i feel fine. >> it's french. weren't you just there? >> dana, d.p.

>> we have kept it in fridge but think about it. think in the summertime and eating at on out door establishment and they have the ketchup there and it's hot. that's not good. >> that was my nickname. hot ketchup. >> where do you keep it? >> where do i keep what? the bigger question, what ever happened to catsup. i was in prison. i was in an orphanage. i'm sure people at home are going i haven't thought of catsup in ages. you kept it outside and it got this gross muck around the cap nap was the best part. you would smear it on your finger and eat it. >> the do you know that ketchup is one of the ingredients in thousands island dressing. >> i didn't know that. i learned that in france. one more thing is up next.

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>> time now for one more thing. jesse. >> jesse: so i had a slice of pizza with governor ron desantis and jessica tarlov came up. listen. >> one of the people that sits to my right, jessica tarlov on the 5, is constantly saying you're banning books. what's the truth. >> not a single book in florida has been banned. you go down to florida and get what you want. what we have done is empower parents with transparency legislation so they can make sure the books are appropriate. there has been pornography put into the classroom. is it okay for sixth graders to have a room teaching them how to use sex dating appears snuz we don't think so and the parents don't think so. desantis at seven and johnny asked women do they value books or money more tonight. >> i guess after i turned him

down he needed to go somewhere. >> who, johnny? >> yeah. >> all right. harold welcome back so good to see you around the table. >> glad to be back. this 98-year-old has made a hobby out of breaking records and she has no plans of slowing down. when betty lindbergh was 91, that's her, she broke the record for the 800 meter distance for women over 90. now training for the ten k on peach tree in atlanta. she ran the race last year but wants the beat her time she incorporated a new training a senior fit class training. you see her there. best of luck to her you're an inspiration to a 53-year-old who doesn't run enough. >> way to mail it in. pictures from paris or something. >> pictures of yourself. >> yeah. >> i'll miss that. >> jesse. >> are you next? dana. >> i'm next. jesse went. >> oh, that's right. i looked up. >> i want to talk about a team player during the european team championships, okay, belgium faced a major issue when the hurdlers were unable to race due

to injury so the team face disqualification but the team's shot putter josene bow cue stepped up in a big way filling in at the last minute. she doesn't run the hurdles normally but if she didn't run they would get disqualified so she stepped up which i think is awesome. >> stepped up. >> way to go. and this week i spoke to bill melugin for short questions with dana perino. >> take that jesse. tonight governor nicky hailey judge pyro kat timpf tyrus, going to be a great show. watch. next. ♪ >> animals are great. >> they're not just great they surprise you for the different affections they have for different species. take a look at milk shake, which is the duck and cow which is dumpling, live on a farm in louisiana and they like to hang out together and go swimming. god knows what they do at night. we tend to mind our own business around that time but the sounds aren't pleasant and we have some

eyewitness accounts that there's milk everywhere. so, anyway, there you go. judge? >> all right. first, i'm on hannity tonight, and i just did a special hunter biden live, streaming live on fox nation. and i hope you watch it. and i'm not going to go into my one more thing because it's going to take too long and i didn't have enough time. >> all right. that's it for us. special report's up next. hey gillian. >> hey cats up greg, how's it going. >> my new nickname. >> heard you got a new time slot. congratulations. >> thank you. er' welcome anytime you want. >> don't say i never said anything nice to you. >> good evening from washington i'm gillian turner in for bret baier. history at the supreme court the justices struck down affirmative action in college and university admissions in 6-3 votes. chief justice john roberts says policies a