qunol has the number one cardiologist recommended form of coq10. qunol. the brand i trust. we're out of time. thanks to governor nikki haley. good evening. welcome to america's late news x fox news @ night. i'm trace gallagher in los angeles. breaking tonight when it comes to getting into college, race based admissions or affirmative action is over but the left is vowing to continue the fight. in moments live coverage and reaction. there's a verdict in trial of the first ever u.s. law enforcement officer to face criminal charges over his inaction during a school shooting. we begin with breaking news here in california where the reparations task force has finally decided what should be

done for descendants of slaves. >> reporter: after two years of deliberations, california reparations task force sent to final report to the state capitol for the state legislature and governor to decide how the state should handle reparations. many expected it to call for a concrete dollar amount, the task force is leaving that challenge to the legislature and it provides over 115 recommendations spanning from cash payments to policy reforms to a formal apology to eligible residents designated as descendants of slaves. critics call this effort fiscally irresponsible noting how california is facing a $31.5 billion deficit. >> reparations is the extraction of money from people who were never slave owners to be given

to people who were never slaves. >> we will never see reparations paid in california. again, it's illegal. it's unconstitutional. it violates the equal protection clause. >> reporter: progressive governor gavin newsom signed legislation creating the first in the nation task force back in 2020 counting efforts to address racial inequality. he's not committed to supporting reparations as cash payments. >> it doesn't have to be in the frame of writing a check. reparations comes in many different forms. >> the time has come. america must step up. it's not just the well being of people of african ancestry that's on the line. it's the very heart and soul of this country. >> based on the task force's reco recommendations, californians eligible would be able to receive up to $1.2 million in cash paymented based on individual circumstances.

trace. >> that's a lot of money for state with a little bit of money. thank you. let's bring in california gop delegate. it's great to have you on the show. i want to play this sound bite. this is from state senator stephen bradford. listen to him and we'll get your response. >> the cost of reration will be high. make no mistake, the harms that are done are just as high. harms and disparities it created continues to this day. we say our budget is a reflection of our values and our priorities. if this is true, reparations need be in our budget. >> problem is, there's no money in the budget. >> there's not only no money in the budget currently, california is laboring under the sort of that's unfunded pension liabilities. billions coming due pretty soon. he's a very nice guy, but what he said is pretty stupid.

first of all, it's illegal under prop 209 to even have reparations for black people. i don't know if he's noticed but it's 2023 and most of us have many, many bits of dna from many people in our blood. >> yeah. yu university of massachusetts professor said if it does pass in california, there is no doubt in my mind that florida governor or former president trump or any of the republican nominees would say this is what happens when you place demonstcrats in power. he's right. across the country this is very unpopular. >> well, california is a cautionary tale for every one and everything bad that happens here gets exported. that would be no exception. >> you're right. i want to move on. here are some speakers at today's meeting get the human perspective from this. i'll get your response. >> we have a debt that needs to

be paid. >> reparations is about repair. to me, i qualify. >> i would like to see you give out letters of credit where we can buy property. we can do things. i'm 78 years old. i don't want to wait two or three years. >> that is the problem. as you look at these people and they think there's they're going to get something out of it. it seems like there's going two a lot of disappointment across california. >> it's sad because they were lied to and used by governor gavin newsom who is on his biden death watch tour. he's doing everything which he to pander to as many groups oz possible. he knew this would never work

out. it just doesn't hold water in state that never had slavery. >> you mentioned governor newsom, but do you think when this comes down tlandand there w cash pay outs, it hurts gavin newsom? >> i don't think anything will touch him. >> great to have you on. hours after the supreme court struck down affirmative action in college admissions. liberal critics are sounding the alarm and criticizing the court. here is the chief legal correspondent and fox news sunday host. >> let us embark on this transformative journey towards fair, more inclusive educational landscape. >> reporter: the supreme court made clear race can no longer be used as factor to determine who gets admitted to colleges and universities across america. plaintiffs in the companion cases involving harvard and unc

argued the use of race was working against specific groups like asian-american applicants. many argue their near perfect test scores were passed over if favor of other applicants because of their race. the court's two black justices came down on different sides of the dispute with justice jackson recusing from the harvard case because of her one time role on the university of overseers. the student must be treated based on his or her experiences as an individual, not on the basis of race. many universities have done just the opposite and in doing so, they have concluded wrongly, that the touch stone of an individual's identity is not challenges vested, skills built or lessons learned but the color of their skin. justice sotomayer called the opinion devastating adding today's decision exacerbates segregation and diminishes the

in inclusivity of our nation's institutions. it ignores the reality of race. >> court has effectively ended affirmative action in college add missions and i strongly agree. >> reporter: the biden administration backed to skools and arguments if favor of using race in the admission's process. the president vowed to task it with reviewing all kinds of admissions preferences including for students whose family members attended the universities they applied to. >> let's bring in the co-author of the new book, great to have you on. despite what justice sotomayer said, this all comes down to americans being treated as individuals, not as groups. is that a fair assessment? >> i think you hit it exactly right. what the court said today, is that the constitution is color

blind. our constitution does not know classes of citizens. it treats all of us as individuals. this is a principle that was announced in the declaration of independence. it's a principle we fought for in the civil war. today, the court said it's experiment and using race for college admissions is at an end and we're all to be treated as individuals, not as members of groups. >> yeah. president biden said this today. watch. >> i know today's court decision is a severe disappointment to so many people, including me. we cannot let the decision be a permanent set back for the country. >> this is a normal court? >> it's not a normal court. >> how could you respond to that comment? >> i think that's a terrible thing for the president to say. you may disagree or agree with the court's decisions but he is

attacking the institution of the supreme court which exists to defend our liberties, to defend our individual freedoms. here there are people who want to use race when making decisions for colleges. they probably like to use race in lot more other parts of our lives. at the same time as the chief justice points out in his opinion and as justice thomas said in his opinion, you're doing it on the back of other people because of their race. blacks and hispanics might be benefitting now but at the expense of white and asians. the court said we will not pick between those groups. the government has to be out of the business of race all together. the constitution is color blind. >> senator tim scott echoed that. watch. >> sending the message that the color of your skin means that you will not be able to achieve your goals from an educational perspective, from an income perspective or family formation,

that's a lie from the pit of hell. >> he makes a very strong case. >> i couldn't agree more with senator scott. i think it's not just him. it's not a minority. this is one of those rare cases where the supreme court struck down a law and this is popular with the american people. polls show that two third of the american people do not want race used by the government. this is a situation you're not going to see something like dobbs from last year which opened up this pan dora's box. it was something of them stopping the fair treatment. >> i got a few seconds left. i wanted to get your take on this. the supreme court siding with the christian mail carrier who refused to work on sundays. what do you make of that? >> even though you see a court on race that's bitterly divided,

this case was yunanimous. sometimes you can see common sense breakthrough. if someone can't work on sunday because of their religion, you shouldn't fire them. find something else for them to do that allows them to earn their paycheck. i think the court and most americans think the court reached the right decision. >> good of you to come on, sir. thank you. >> great seeing you, trace. first up, washington, d.c. police arrested man who reportedly fled secret service and ran towards the obama's home today. turns out there were weapons in the man's car and materials for a malatov cocktail. the man had a warrant for his arrest and is a defendant in the lawsuit related to the january 6th capitol riot. police used a pit maneuver after he did a shots fired call. after he was arrested, he got the cuffs under his legs and stole the patrol car. they deployed a spike strip and

crashed into a semitruck. he later died in the hospital. denver police are looking for several suspects caught on camera shooting up a street earlier this month with a lot of people in the vicinity. they are wanted for aggravated assault and police are offering a $2,000 reward. imagine if you will sitting in your car when someone reaches through a window and grabs your belongings. man nabbed her purse. the 69-year-old went after the guy as he sped off. she was left bloodied but had no regrets about fighting for her possessions. a florida jury found former parkland high school resource officer not guilty on all counts of felony child neglect. he was accused of failing to prevent an active shooting massacre of students back in february of 2018. peterson claimed he could not tell where the shots were coming from. let's bring in criminal defense

attorney on this. great to have you on. even if peterson was, a coward as many staid, there's no law against being a coward, is that right? >> that's right. it's criminal negligence he was charged with. that require a pretty high standard for a pretty criminal act. this is a novel case because they were charging a police officer with failure to do something. the real big problem is you have causation. what he did swrwould have to ca the harm and acting with such gross negligence that it's unforeseeable that he would act that way. none of that appears to be present. >> scott peterson was crying. he said this afterwards. watch. >> only person to blame was that monster who was wasn't law enforcement. nobody on that scene from bso, coral springs.

everybody did the best they could. we did the best we could with the information we had and god knows we wish we had more. >> i covered this story pretty thoroughly and all of that is not true. as soon as the other auofficers arrived, they went into the building. scott peterson was outside. he was against the building. they were inside the buildening and he maintained i can't do this. the whole theory is we did the best we could doesn't ring true. if this was a civil case, would there be different outcomes. >> this is not a civil case. in a civil case, completely different standard. it's slightly more likely one versus the other. in order for something to rise to the level of a crime, there has to be this criminal behavior. mostly an action, not an inaction. if you're there with that kind of arousal level and fear.

he have older, out gunned. he was not many the best shape. he was the only one on scene for a pretty long period of time. sitting back afterwards and watching it may look terrible but what was going on in this man's mind the fight or flight response. all of those things are hard for a jury to wrap their head around and find there's no other reasonable expectation that he must be guilty. new jersey suing three school districts over transgender motification policy. here is one of the parents in new jersey. >> they are suing the parents and the taxpayers who support the board of ed with wanting to know what's going on with their kids in school and it's not anti-trans. it's not anti-gay. it's quite the opposite because we feel that this is a dangerous thing that's going on with these kid. >> what these parents want is for the school to notify them if something unusual is happening with their child. it doesn't seem like, in the scope of things , it's too mucho

ask. >> we're discriminating on the basis of a protective class, that's gender identity, that requires, in oththat this pass called strict scrutiny. this rule is narrowly tailored to serve a compelling state interest. you have to wonder what is the compelling state interest of when a child which is what triggers the recording when someone under 18 is indicating that they may be transgender. that's first of all, besides the fact it's vague, it also, you'd have to first believer that possibly being transgender is bad and there's some that would disagree about that, in general. the next step that it would be narrowly tailored to meet that compelling state interest is really at issue here. i understand why the court put a hold on it and right now there season an injunction. the rule is not in effect yet. >> we did this in montgomery county.

a lot of parents are saying you can't give an aspirin without picking up the phone and yet there can be puberty blockers in the mix without me knowing it. >> the difference is they are not discriminating on the basis of gender. you can say, if everybody is needing an aspirin, we want to let the parent know. i understand the parent's argument. they want know everything about their children but not everybody is as good a parent as you are. for some children, outing their child and their potential transgender tendencies if they have them, which is a completely vague concept could be a death sentence. >> yeah, okay. the bottom line is all parents should have a right to be able to know exactly what's happening with their child in every school, in every county, in every part of the country. >> that's the parent's argument. >> thank you so much. >> thank you. first up, new developments

in the multiple cases involving hunter biden. he's the former computer repair shop owner who gave hunter's happ laptop to the fbi when he failed to pick it up. hunter's child support case out of arkansas has been settled. he must give his daughter some of his paintings or money from the sells of those paintings. he will continue to pay child support and the child be not get biden's last name. travis scott will not face criminal charges after a deadly crowd during his 2021 astro world festival in austin. ten people died and hundreds more were injured. a grand jury said he did nothing to encourage them to rush the stage. his attorney called the decision a great relief for his client. hollywood's newest drama could be an actor's strike if the union fails to reach agreement on a number of issues. the sticking points include economic fairness, residuals and

regulating the use of ai. union president fran drescher gave insight on where the talks stand. >> are you making headway? >> in some areas we are. in some areas we're not. we have to see. we're living in a time that's very different from the last few decades when the foundation of the contract was forged. >> if a teal the not reached by tomorrow night, actors will join writers entering day 59 of their own strike. coming up, over the past few years california has spent billions of dollars on the homeless and yet the homelessness crisis is getting worse, much worse. common sense and jason are both set to weigh in on that. later, wildfire season is upon us and many people have had to evacuate their home. some multiple times. if you only had five minutes to grab three items from your home,

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fox news @ night common sense set got new numbers. over the past four fiscal years california spent $17 billion on the homeless problem with another 3.7 budgets for this year. what does $21 billion buy you these days? apparently it buys you a lot more homeless people because from 2014 to 2022, the california homeless population increased by 50% to 115,000.

the good news is that california has done the math and now estimates that for a mere $837,000, they can house one homeless person. between legislatures, regulators and environmental groups, building a home in california is a years long process which means buying a home is unaffordable, renting a home is unaffordable and unavailable and solving the home lets crisis is unimaginable. common sense thinks maybe that's why california has 12% of the nation's population and 25% of the nation's homeless population. the governor, the mayors and the democratically controlled legislature all sang the same pink floyd song. money, more money. common sense thinks if they keep spending at this rate, by 2050 half the state will be homeless. let's bring in the author of the upcoming book, "what's killing

america." jason, great to have you on. it's kind of the same. we talk about california and oreg oregon and washington state keep spending more money on homelessness and the problem keeps getting worse. >> it's not a problem about the money. when you down play the crisis as it relates to drug and mental illness, you focus your attention on something that's not truly going to help. we're not talk about folks who were born homeless. they became homeless. in large part it's due to that addiction and mental health issue that they are not getting treatment for. say you build all the housing you can. guess what, all you're doing is putting the suffering people into subsidized homes for the rest of their lives which will be cut short because they will die of an over dose. >> you're right. i want to move on. americans best days are. here is the fox news poll quoting america's best days are behind it, ahead of us. now it's 43% who say the best

days are ahead of us. you look back in 2012, it was 63%, jason. that's a 20-point drop. what's the impetus behind this? >> i think you have a lot of doom and gloom coming from large portion of politicians in this country that are telling us about how the systems that we have in place are systemically racist. there's institutionalized -- black kids and white kids can't go to college. when you push this in the minds of younger generation of folks who are believing you. guess what, you'll have this kind of psyche to think we don't have that much to look forward to. at the same time we have the aocs of the world telling us that global warming will kill us in 17 minutes. obviously, people will be panicked. >> i want to put this up because it's kind of the same numbers, the same trend. is the u.s. the best country to live in in the world and yes

2023, 64% but you go back to 2011. 84% said yes. same 20-point drop. people just don't like living here anymore. what's the take? >> i think people are people who have not traveled and don't know what they are talking about. there's amazing countries out there. when it comes to freedoms that we enjoy and they pretend on the left that we're not enjoying, it pales in comparison. >> king county stores must accept cash. we know the city is saying you're getting robbed all the time but you have to have cash in there. it is discriminating against the unbanked. t >> the unbanked which is gnaw term. i have no idea where that came from. they are saying that homeless people can't shop at a lot of these stores which is is if you have the cash you can buy a visa gift card and use it that way.

you have all these businesses that are getting targeted because they are cash heavy. we have been seeing a rash of these crimes and all we're doing is telling them you have another bigger target on your back. >> jason, good to see you. thank you. >> good to see you. a fast moving fire in manhattan that killed four people last week started in an e bike store. the tragedy shining a spotlight on the deadly dangers of unsafer and illegal lithium ion battery charging. >> reporter: fires have increased dramatically in new york city leading to more than a dozen deaths this year. now leaders are taking action. >> there will be zero tolerance for activity that push new yorker at risk. >> reporter: new york city mayor and fire department leaders are stepping up enforcement efforts zeroing on e bike shops.

>> if you're operating a business that is inproperly charging, storing or taempering with lithium ion batteries, we will find you and fine you. >> reporter: four people were killed earlier this month when an e bike store caught fire. a week later, inspectors discovered what they describe as taking time bomb blocks away inside an e bike shop were more than 100 lithium batteries were being improperly charged. the number of fires caused by the batteries that run such devices continues to grow. 220 such fires were recorded in 2022. the city is on track to surpass the number with 108 fires this

year resulting in 13 death and many injured, including 7 people hurt in march when bronx grocery store went up in flame. they can catch fire or explode when stored or disposed of properly. do not block exits. do not charge overnight. do not plug into an extension cord and charge outside when you can. enforcement efforts continue and the fdny is urging anyone that spots improper charging to call the city's 311 hot line. trace. reading, writing and breathing. public schools in new york will have mandated breathe sessions this fall. we'll sort through the hot air, next. yankees perfect game. 27 outs without allowing a base runner. the first in a decade. one man got a commercial flight all to himself. the day's best viral videos, next.

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no relief in sight for texans under a heat dome and being blamed for more than a dozen deaths. ashley has the latest on the miserable weather in the south and the east. good evening. >> it's really bad down south. a texas heat wave has claimed the lives of 13 people because of it. temperatures have been in the triple digits in places across the state for weeks and with more excessive heat to come, officials are telling residents to take precautions. take a listen. >> remember to stay hydrated. limit your activities to early mornings. do not have strenuous activities in the midday and late afternoons. the best thing you can do to prevent dehydration is to continuously drink fluids. >> heat dome around texas is expanding north and east affecting 80 million americans from new orleans to nashville

even as far north as springfield illinois and that's according fox weather. official say record temperatures coming on fourth of july celebrations could be a lethal combination. >> it has been dry. it has been hot. the conditions are ripe for a fire to start quickly. please don't be part of these statistics. we rather you attend some of these professional displays for fireworks than to take the risk of injury or worse in case of these fireworks. >> states further north and further east do not have great condition for outdoor activities over the holiday weekend either. smokes from wildfires in canada is traveling south affecting places along the east coast. that includes indiana, ohio, virginia, maryland, pennsylvania, new york, new jersey, vermont and the district of columbia. 120 million americans are under air quality alerts there. relief from the smoke may be

coming in form of strong thunderstorms in parts of the midwest. trace. >> good for the air. bad for travel. ashley, thank you. you have about 120 million americans who are getting too much smoke or getting too much heat. i'm wonder as a doctor which is worse. >> both are bad. the heat is something that happens every single year. the smoke is something that's a one time off. for the smoke, it's easy. stay indoors. run your filter, air filtration system. if you don't have one, buy a hepa filter online. if you have to leave, wear a mask. this is the one time i'm going to endorse mask wearing because it can filter the large p particulates that go in there and cause problems. in terms of the heat, i think the people who are dying and die

every year tend to be elderly. if you have elderly relatives, neighbors, friends, check in on them. make sure they are cool. if they don't have air-conditioning that they come over to your house and make sure they are doing okay. if you have a problem, send them to the hospital. >> new york city public schools are offering mindful breathing. here is new york mayor eric adam. >> breathing calms your nervous system. it helps to center us and help us regain our sense of balance and focus. it's a valuable, low cost tool that is proven to improve mental health and well being. >> going to give these kids five minutes every day to do some mindful breathing. what the you think about this? >> it's funny, the same mayor who muzzled two-year-olds and one one-year-olds want them to breathe. i applaud this. kids in schools are exposed to

fast paced information all the time. kids who have learning disabilities and attention deficit issues, they are constantly running, running and every kid need dos slow down little bit. we know these mindfulness exercises that include breathing do benefit the mind, help you academically. i applaud it. >> i have a buddy who does his own breathing method who says five fins minutes is not good e. >> it's better than nothing. i think that begins path to other things. once they experience the benefits they may start doing more things. the washington post writes following. a study published wednesday science advances suggest that if you have long term exposure to more greenery where you live, on aver raj you may be adding 2.5 years to your life. what do you think? get out of the city and go to country. >> this could be chicken or the leg.

it could be that, yes, having greenery around you, having open spaces is beneficial because you're out more, you're hiking. your mental health is better because you're exposed to nature but it also could be people who live in the areas that have out door green space have better access to health care, better diets, aren't using cigarettes or alcohol, et cetera as much. it could just be a biassed sort of study. it depends. i think there's never a bad time to add more green space. what's unfortunate is a lot of cities are removing green space to add more housing, for example, with the excuse we're treating homelessness. i think the opposite needs to be done. >> many apologies for you living in santa monica. it was your choice. thank you, sir. >> thank you. first up, yankees fans went wild when pitcher domingo threw

a perfect came last night. only the 24th perfect game in the 150-year history. the yankees won the game, 11-0. the history making gem is the first perfect game in more than a decade. this young girl loves the great out doors, she put on a wearable hummingbird feeder and s sat there still so she could get an up close glimpse. 4-year-old anna was so excited and loves all things nature. now this minuscule and bag is the size of a grain of salt and sold for more than $63,000. you need a microscope to admire the high end micro bag that will hold nothing. the company is known for items that mock the excessive of the luxury item world. who need a guard dog?

security footage from a farm caught this mini pig charging a black bear that entered the property while the other animals hid, the pig stepped up and showed the bear whose boss. the farm's owner calls the pig fierce. you can't argue with that. i'm the only person on the plane and they have an entire flight crew. they do not want to do this flight. >> how many bags did you have to load today? >> total of one. >> tablets and smart watches need to be placed in airplane mode at this time, sir. >> a series of seven different flight delays he ended up on flight by himself. the crew hammed it up with safety demos and concessions for one. they all had so much fun they traded number and kept group chat going. if you have a viral video to share, send it over at trace gallagher or fox news night on social media. wildfire season upon us and some had to evacuate their homes

multiple times. your family and pets are all safe but firefighters give you five minutes to grab gthree items. what do you grab and why? still time to weigh in. the night cap crew is next.

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we're back with the night cap crew. we are entering wildfire season, and in the last five years, almost 25,000 homes have been lost. your family and pets are fine, but you only have five minutes to run into your home. you grab three things and you get out. the question is what do you grab and why? jason, what do you grab and why? >> i'm going to go with my f microsoft surface because hunter biden teaches us never to forget our laptops and try to carry out a totally authentic weeping woman painting by picasso.

i'm going leveave it. >> grab the coffee maker and get out. what do you think? what's the three you go in and save? >> i've had to do this once. when i lived in brentwood there was a wildfire. >> you're an old pro at this. >> i had to do this four years ago. first is my laptop because it has the pictures and stuff. second would be the folder where you keep the important paper and life insurance, title, et cetera. finally, we have a marriage contract. it's framed in our bedroom. that's priceless to me. there's no way i'm letting that burn. i'll take that too. >> my buddy said he would take his vinyl records, guitar and

co cowboy sweatshirt. >> my son has autism and has a speaking device. grabbing that. my jewelry box and we have this giant adult bean bag which is just amazing. i love it and i'd have to take that too. >> ashley had to do a little switch when we said you can't take, the humans are fine. the pets are fine. i'm curious what you swapped out. >> i swapped maggie for this box of, it's nothing of any significance. it's a bunch of letters and things that i've collect ed fro my parents and grandparents. i cannot let go of. also, i would take important medications and a handgun. >> yeah. sg >> i'm going with cell phone, wallet and the 99 schaffer hillside select. you have to have that. you can get everything else with a credit card. do you have plan for wildfires? yes. twitter, 36%.

instagram, yes. 38%. three roll of toilet paper. me, myself and i. margaret, my two cats and my ipad. gia, kid, husband, purse. jean, family, pet, guns. thank you for joining the night cap. thank you for watching, fox news @ night. i'm trace gallagher. see you tomorrow. it disrupts my skin with itch. it disrupts my skin with rash. but now, i can disrupt eczema a skinr inject with itch. >> it disrupts my skin with rash. with rash. bu with rinvoq rinvoq is not a steroid topical or injection. it's one pill. it's one pill. once a day. many taking rinvoq saw clear or almost clear skin, whileer your some saw up to 100% clear skind, and they felt dramatic and fast and they felt dramatic and fast its relief some as early as two, days. >> that's rinvoq relief rinvoq can lower your ability to fight infections, including tb

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