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. i pledge that if i'm confirmed i will do all my powers permit to be a faithful servant of the constitution and laws of this great country. >> president trump's primetime pick. in an announcement made for tv the 45th president revealed his conservative choice for the open seat on the supreme court. good evening. i'm dan ashley. >> and i'm ama daetz. president trump built up the suspense to tonight's supreme court announcement making the revelation in primetime, when much of the country would normally be watching their favorite tv shows. >> neil gorsuch is currently a judge on the 10th circuit court of appeals. tonight republicans are applauding the president's choice, but among democrats there's already talk of a filibuster. abc 7 news reporter lisa gull ezian. >> he is considered uncontroversial but still very conservative. conservative appellate court judge neil gorsuch is president

trump's pick for the supreme court. >> judge gorsuch has outstanding legal skills, a brilliant mind, tremendous discipline, and has earned bipartisan support. >> reporter: that's exactly what gorsuch will need over these next few crucial months, especially after many senate democrats vowed to derail gorsuch's nomination. >> he's in for a rough ride. >> reporter: we were there as the dean of the university of san franisco school of law watched today's announcement. john tresvinia said it's less about gorsuch and more about capitol hill infighting. >> will senate democrats because of their great frustration with the president block this nomination? will they do it right from the beginning or will they allow the process to go forward? >> reporter: the supreme court seat has been vacant since the death of antonin scalia last february. if gorsuch fills the spot, the supreme court's balance won't change. the 49-year-old promised impartiality and strength.

>> a judge who likes every outcome he reaches is very likely a bad judge. stretching for results he prefers rather than those the law demands. >> reporter: and gorsuch still has to get through committee hearings and a possible move by democrats to filibuster his nomination. they're calling this a stolen seat after republicans blocked merritt garland from getting a hearing last year. >> lisa amin gulezian reporting. in response senator marco rubio tweeted he's a highly respected mainstream jurist. senator dianne feinstein who approved the 2006 appointment spoke about his report since becoming a judge. she says he voted twice to deny contraceptive coverage to women, elevating a corporation's religious beliefs over women's health care. house minority leader nancy pelosi spoke out against the new supreme court nominee tonight.

pelosi made the comments on a cnn town hall in new york. she labeled the nomination as outside the mainstream of american legal thought. >> it's a very hostile appointment. if you breathe air, drink water, eat food, take medicine or in any other way interact with the courts. this is a very bad decision. >> pelosi challenged fellow democrats in the senate to apply the strongest scrutiny during the hearing. she did not say if democrats will or even should filibuster the pick. late today the santa clara county board of supervisors voted to file a lawsuit against president trump for his executive order that threatens to withhold federal funding from sanctuary cities and counties. the formal lawsuit will be filed thursday or friday. >> the president's executive order is not only unconstitutional of course, it's un-american. >> earlier today in san francisco city leaders formally announced their own legal action against the president. the lawsuit accuse the trump administration of trying to financially coerce the city into

abandoning its sanctuary policies. >> we help disadvantaged groups in this city. it's always made us a target. that is why i've said that we should be ready. >> san francisco stands to lose $1.2 billion a year. and stay on top of president trump's first 100 days in office with the abc 7 news app. download the app for free and enable push alerts to get breaking news updates as they happen. new at 11:00, an adoption agency with offices across the country has suddenly closed leaving several bay area families in limbo tonight, even one who already has their new baby girl. abc 7 news reporter leslie brinkley is live outside the adoption agency's office in concord tonight with the story. leslie. >> reporter: and i'm here at the independent adoption center's headquarters, their national headquarters in concord, where they locked the doors for good today because they declared chapter 11 -- chapter 7 bankruptcy, and plunging 919

clients into what you'd call adoption limbo. >> her name is riley rose. >> reporter: this couple brought riley home two months ago from her birth mother in texas but they've only completed one of six required post-placement visits for the adoption to be legal. >> your adoption's not final yet. you need your paperwork. you need your info. >> we do. >> you don't have access to it -- >> we have nothing. we have nothing. >> you spent how much money? >> close to probably $23,000. >> and you want to keep this baby girl. >> absolutely. yeah. we don't want anything to jeopardize our adoption. >> reporter: but their agency, the independent adoption center, abruptly closed pape handmade sign posted on their office door, "after 34 years facilitating 4,000 open adoptions." executives declined to go on camera but said in an e-mail "it is with deep sadness we write to inform you that the iac is declaring chapter 7 bankruptcy and will be closing permanently effective immediately." >> i tried to call them, e-mail them, no response. so i went by their offices.

>> reporter: this walnut creek woman did not want to share her name but is worried. >> part of the adoption process is they have very personal information on us. and there were no directions about how to get that back. >> reporter: adoption attorneys say they're getting many tearful calls from families like these. some could be out money, and a few may have to start all over again. they're bonding on facebook about what to do next. in the east bay i'm leslie brinkley, abc 7 news. >> alameda county sheriff's deputies hope you'll recognize a prisoner who's on the run after escaping. you're looking at 27-year-old shawn new. new escaped from a car while being driven to san francisco international airport by deputies from kentucky. new faces fraud charges there. sky 7 flew over hayward during this morning the search for new along interstate 880 near a street. defense attorneys launched their counterattack today in the trial of the man accused of murdering morgan hill teenager sierra lamar. lamar vanished after leaving her home to catch a school bus in 2012. her body was never been found.

prosecutors say dna evidene links antonin garcia-torres to lamar's death. in their opening statements defense attorneys detailed how they believe investigators failed to use proper dna protocols. >> it's going to come down to a battle of the experts and who tells the story about dna in a more comprehensive and lear wcl way. >> garcia-torres could face the death penalty if convicted. more than a million dollars. that's how much a former uc santa cruz student is getting after acougs a former professor of rape. >> for the first time that woman is revealing her identity. abc 7 reporter katie mars yooulo spoke with her tonight and has details from uc santa cruz. >> reporter: in 2015 the dave before luz portio was supposed to graduate from uc santa cruz she says one of her professors invited her to a luncheon and sexually assaulted her. >> this is still a very present problem in my life. something i'm dealing with on a daily basis. >> reporter: she says she spent her graduation day going to the hospital and reporting the attack to police and the

university. almost two years later the university of california regents has settled with her for $1.15 million. >> the monetary did not mean anything to me. all i wanted was some sort of recognition of what happened. >> reporter: her attorney, john christiansen, says the university knew the professor was a pressured and did nothing about it. >> it's that type of behavior that festers in a kindling of the fire. it's really, really dangerous. >> reporter: uc santa cruz has released a statement that reads in part, "the allegations were investigated in confidence because our campus process respects the rights and privacy of all parties. but we investigated the victim's claims as soon as she came forward." now she's chosen to forgo her privacy. >> if this helps at least one person, if this encourages one person to come forward, then putting my name out there is well worth it p. >> reporter: christiansen says the settlement is one of the largest individual title 9

settlements in u.s. history. in santa cruz katie mars lowe, abc 7 news. the clock is tick for families to sign up for coverage california. coming up the fast approaching deadline if you want to sign up for health insurance. plus tesla's supercharged with presidential politics. the new controversy now surrounding these popular electric cars. and the elderly woman who dialed 911 and the random act of kindness that followed. i'm abc 7 news meteorologist sandhya patel. the storm impact scale showing up every single day over the next seven days. i'll let you know when the first raindrops will fall coming up. >> thanks, sandhya. that's all ahead. but first a look at what's coming up on "jimmy kimmel live" right after abc 7 news at 11:00. jimmy. >> thanks, dan and ama. here's what's up tonight. >> you can make a game show out of that sentence. worship at your feet or spank you. that could be -- >> you should present that.

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announcer: because at this moment, st. jude children's research hospital is saving lives with pioneering research and care. we're changing the way the world treats childhood cancer by sharing our discoveries with doctors and scientists everywhere. and we'll never have to pay st. jude for anything, ever. at this moment, she wants to be in her own bed. i want to be outside playing. announcer: please take a moment and join st. jude in finding cures and saving children. visit stjude.org. new at 11:00, as if the trump presidency wasn't already dividing america tonight, we have a new fissure and in the most unusual of places. >> and it has to do with tesla vehicles. abc 7 news reporter wayne friedman joins us live from a tesla supercharming station in san mateo.

wayne? >> reporter: there's one person supercharging right now. all of this has come about because tesla founder elon musk is serving on two presidential advisory panels. it has some members of the tesla nation in turmoil. if we didn't know better, this might remind us of gas lines in the '70s. cars and drivers queuing up and waiting for fuel. but since we're at a tesla supercharging station, let's call it juice. >> this doesn't look so exclusive anymore. >> it's not. >> reporter: victor luskap spent one hour after work here anyway talk tesla with all the other tesla talkers. >> about their falcon wing doors, how it opens, how they like the big screen, how thaftfors charges. >> it's a little cultish. >> reporter: reports of five people nationwide who've taken back their deposits for new teslas because tesla founder elon musk is working with president trump on at least two advisory councils for economics

and manufacturing. it is guilt by association the critics infer and now they're voting with their wallets. >> it's like saying you don't like someone who works for the oil companies so you're not going to buy gasoline anymore. you have to separate that a little bit. >> reporter: for the record elon musk did not support donald trump in the election and has no direct comment in response to this latest move but earlier this week he told gizmodo, "simply attacking him will achieve nothing. better there are open channels of communication." no one disagreed with that in san mateo tonight. >> donald trump is the president of the country, and he deserves the best advice and guidance on clean energy policy and on bringing manufacturing jobs back to america. >> reporter: in short, it appears possible to be both a crazy car guy and a political person, and here at least the twain get along. in san mateo, wayne friedman, abc 7 news. time is of the essence tonight for those who will get

insurance through covered california. with just about 45 minutes to begin that process. you can call or go online, but you must begin the application by midnight. once you get started you have until saturday to actually finish but you've got to get going now. some applicants say it is a complex process. >> it is. it is. but it does help because financially it's a little better. >> although the future of the affordable care act is uncertain, those who sign up now will be covered until the end of the year. concord police have gone the call of duty. the department posted these images on its facebook page. the post says an elderly citizen called earlier this week to say her power had been turned off and she was told. the officers helped her pay the bill then waited with her until the power was back on. concord police say this is a reminder for everyone to check on loved ones during these cold months just to make sure everyone is okay. >> announcer: now your accuweather forecast with sandhya patel. great advice. it is not going to be as cold

tonight. here's a lovely sunset from our tower camera. in case you missed it 5:33 tonight those high clouds were coming in and we had a lot of haze in the air which is why you saw a fiery sunset. equally starting from our abc 7 news exploratorium camera. the moon, mars, and venus in a triangular alignment there. thanks to rick in transmission for helping us set this up. is that stunning or what? visibility is low in the same spots as last night. livermore three miles. tomorrow morning when you get going allow that extra time if your commute takes you through those areas because visibility will be poor. 40s, 50s right now for a change. it's not as cold. and here's a live look from our emeryville camera as we look across the bay. a spare the ware alert has been called for tomorrow. rain will help clean the air out but it's not arriving until tomorrow night. unsettled pattern into the weekend. here's a look at your hour by hour day planner.

patchy fog, temperatures in the 40s, peaks of sun at noon but don't expect much. by 7:00 you're looking at those showers. first thing tomorrow morning the fog is whoo you'll have to look out for. temperatures will begin in the 40s thanks to the clouds and for the afternoon you're looking at a cooler day mid 50s to the low 60s. on our storm impact scale we have a light system, a 1 for wednesday night. we'll see some light showers and it will get breezy and it will be damp in some spots for your afternoon, evening commute. take a look at the hour by hour forecast. 6:00 wednesday night is when that rain xwinz to move on to the coast. by 7:00 p.m. we're starting to see the scattered light to moderate rain continuing right on through about 11:00 p.m. then the rain becomes a little more intense and the winds pick up, which is why we have actually made it a two for thursday. it's moderate in strength. brief downpours, wind gusts 40, 50 miles an hour. slight chance of even thunder. here's the hour by-hour look at thursday morning when the commute begins at 4:00 a.m., you may be actually looking at some lightning strikes around the

area, reds kaindicating the lightning strikes. heavy rain expected at 4:00 a.m. 5:00 a.m. still some pockets of heavy rain in orange there. 7:00 a.m. it's a sloppy commute. wind, rain. 8:00 when you're taking your kids off to school. scattered showers for the afternoon and right on through thursday night before we get a little bit of a break and another system brings in some showers. so we do have a wind advisory for the coast and the hills. wednesday 10:00 p.m. until friday 3:00 a.m. those gusting winds may result in downed streez and power lines. so be aware of that as we head into the next couple of days. rainfall totals from wednesday through friday anywhere from about 3/46 an inch in livermore to just over three inches in santa rosa. these storms are not looking as moist or heavy-duty in terms of the amount of rain they'll bring as some of those storms that passed through in jab but still wet pattern. winter storm warning for the sierra nevada 10:00 wednesday night until 4:00 a.m. saturday expecting three to five feet over the crest. with those gusty winds it's going to be decisiony travel.

here's the seven-day forecast. check out the storm impact scale. every single day we've got a 1. except on thursday. we've got a 2. wet and windy. you can download the abc 7 news app to help you track these systems. tomorrow you pretty much get a break until nighttime and saturday into sunday, it's super bowl sunday. >> right. >> saturday afternoon into sunday morning is your break, dan and ama, to maybe go get the

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and watch it offline. only xfinity gives you more to stream to any screen. download the xfinity tv app today. we want to show you a rare and really remarkable sight on hawaii's big island. we've seen lava from hawaii's kilauea volcano pour into the pacific ocean before but rarely like this. researchers from the usgs, hawaiian volcano observatory, captured this footage. they call it a firehose of lava. it's almost unreal. watch closely here the explosion of water and steam you see is caused when the hot molten lava hits the colder ocean water of course. geologists say the lava is 428 degrees fahrenheit when it hits the water. and look at the way it is just, as they say, like a firehose, just pouring into the ocean. >> it doesn't even look real. it's cool. >> mr. beal is here with all the

sports. >> a buddy of mine is an underwater diver and he's been underwater while the lava -- inbelievable video. amazing stuff. you have to be careful with, that though. with one billionaire out the door does mark davis have another investor lined up? why the raiders' relocation to ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo is specifically designed to open up airways to improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death

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thought - is there any drinking going on in this crowd? no. i hope not, because alcohol can lead you to say things and do things you that you really wish you hadn't. isn't this what you're supposed to say? i know. so if any of your buddies ever pressure you to take a drink, just tell them you promised your dad you wouldn't. i'd do anything to keep you safe. ok. i will. i hope this is working. i promise. i love you too dad. they really do hear you. brian? yea? so start the conversation even before they're teenagers. good idea. for tips on what to say visit underagedrinking.samhsa.gov a message from the substance abuse and mental health services administration. ♪ when you recognize something isn't right, make the call to the veterans crisis line at 1-800-273-8255 and press 1.

good evening. billionaire wanted. raiders owner mark davis needs one or his las vegas relocation plans may disappear faster than my money at caesars palace on my last visit. did better at the venetian, which is sheldon adelson's place over the weekend. investor adelson pulled his $650 million commitment and goldman sachs won't deal apparently without adelson. so where does that leave davis? unless he's got a secret plan b for financing there may never even be a vote by nfl owners on relocation. so if ronnie lott can get a real deal on the table the raiders may have only one deal to consider and that is to stay in oakland. we will see. kyle shanahan's going to be a first-time head coach. john lynch will be a first-time gm. the 49ers really need to surround them with experienced football people. adam peters has just been hired

as the vp of personnel. peters spent 14 seasons in the nfl with the patriots and broncos and has three super bowl rings to show for it. 49ers not donewithaldon smith just yet. the former linebacker is currently waiting and hoping to be reinstated by the nfl. the niners are suing smith for $341,000. that's in signing bonus money that dates back to 2014. smith was us pended for violating the league's substance abuse policies. the niners want their money back. to the ice the sharks came back. patrick marleau closing in on a career milestone and hertl just thrilled to be back. marleau only two goals away from 500. we pick it up in the first period and there's no score. logan couture with a slapshot. marleau gets the rebound and scored number 499. not so fast. waved off. mikkel boedker far side of the ice off side. undeterred marleau another chance on the power play. and this one counsel. number 499, 4-1.

thomas hertl. 3-1 sharks. marleau one goal away from 500. warriors could be without two starters tomorrow night against charlotte. steph curry and zaza pachulia both questionable. steph with a stomach bug. zaza injured his right shoulder sunday night in portland diving for a loose ball. looks like he might have hyperextended it. hard to know for sure but zaza's going to get an mri to find if it's indeed serious. the warriors spent part of their off day reading to kids. read to achieve rally at san francisco's bread hart elementary. 15 seasons the warriors and ross have put on this reading program. you are looking live at rupp arena in lexington, kentucky. >> brebt musberger called his final game tonight capping a 49-year broadcast career the crowd at kentucky cheered him wildly. most people don't realize it but brent anchored the local news back in the '70s in l.a. a sports guy doing the