making news in america this wednesday morning, president trump announcing his nominee for supreme court justice, judge neal gorsuch. a decision that could affect the country long after his presidency. the opposition from democrats almost immediate. we're live in washington. more fallout now from the immigration ban. the number of states suing the trump administration is growing, plus, there's some confusion over the executive order as the administration insists it's not a ban despite calling it that a number of times. a charge phone and a scary story. a woman says her iphone caught fire as she was asleep. what apple is now saying about the claim. and how your morning coffee could be sabotaging your diet. >> oh.

i want to encourage some earmuffs for that last one about the coffee. >> a lot of people are listening to that with their cup of coffee and going, wait, what, as their waist grows larger. we'll get to that in a little bit as we say good morning to you on this first day of february and perhaps the dawn of a new era for the supreme court. >> that's right. in a prime time announcement president trump named federal appeals court judge neal gorsuch to fill the seat open since the death of justice antonin scalia. now, if confirmed, the 49-year-old conservative from colorado would be the high court's youngest justice in 25 years. >> well, democrats immediately criticized the nomination, which sparked immediate protests right there overnight at the supreme court. abc's elizabeth hur joining us not far away from washington with more. elizabeth, good morning. >> reporter: kendis and diane, good morning. and, yes, those protests have started, and many democrats say they are ready for a fight, and so president trump, well, he's now urging congress to come together for once. for president trump, his pick for the supreme court is a

promise kept. >> judge gorsuch has outstanding legal skills, a brilliant mind. >> reporter: describing judge neal gorsuch as, quote, a replica of justice antonin scalia, a solid conservative and well respected. >> he could have had any job at any law firm for any amount of money, but what he wanted to do with his career was to be a judge to write decisions and to make an impact. >> 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. >> reporter: gorsuch is a federal appeals judge in denver with a law degree from harvard and a ph.d. from oxford. he went on to clerk for two supreme court justices including justice anthony kennedy, and if confirmed, he would become the first supreme court justice to serve alongside his former boss. [ chanting ] >> reporter: but the battle for the confirmation ignited just minutes after the announcement.

>> hundreds of thousands of people have been demonstrating. >> with this nominee there's too much at risk, the right to who you love, the right for a woman's access to her body. >> reporter: with protesters and democratic leaders expressing concerns, in a statement senate minority leader chuck schumer writing, now more than ever we need a supreme court justice who is independent and will stand up to a president who has already shown a willingness to bend the constitution. that said, some democratic senators are softening their stance, now saying they believe this nominee should at least get a hearing and a vote. so, just how truly ugly this battle gets remains to be seen. kendis and diane. >> and same goes for how long it could all take to play out. elizabeth hur live for us from washington. elizabeth, thank you. it didn't take long for house democratic leader nancy pelosi to slam president trump's supreme court pick. >> in a cnn town hall pelosi

describes judge neal gorsuch as a hostile appointment who she says is well outside the mainstream of american legal thought. >> elections have ramifications, and here is a living, breathing example of it. gabby giffords' group, the group for responsible solutions relating to gun safety said that he comes down on the side of felons over gun safety. hostile to women's reproductive rights. a hobby lobby case, for example. the list goes on and on. >> that's pelosi's take on his record. democrats haven't decided, though, if they should try to block gorsuch. pelosi, though, is urging her colleagues in the senate to apply the strongest scrutiny. even before this confirmation fight, the senate's approval process for trump's several other cabinet nominees is getting ugly. democrats boycotted votes for two cabinet nominees on tuesday. they also blocked a committee vote for attorney general nominee alabama senator jeff sessions. no president has had fewer nominees confirmed at this point in more than 80 years.

and about a thousand state department staffers have now signed a letter of dissent opposing president trump's executive order on immigration. the letter made its round through dozens of embassies around the world. u.s. embassies, that is, and congressional democrats are now warning the trump administration not to retaliate against those government employees. and at least four more lawsuits have been filed against the executive order including one from the state of virginia. three tech companies, microsoft, amazon and expedia are also supporting the suit brought by washington state. meanwhile, the white house is now refusing to label the order a ban after repeatedly calling it that. abc's jonathan karl has more on why. >> reporter: in the face of mounting legal challenges and a growing political backlash, secretary of homeland security john kelly stepped forward to defend the extreme vetting executive order. >> this is not, i repeat, not a ban on muslims. >> reporter: the trump administration is battling these images. families detained at airports

when the ban on refugees and people from seven majority muslim countries went into effect. lives in limbo. in damage control mode the administration announced 872 refugees will be allowed into the country this week because keeping them out would have caused extreme hardship. and the white house press secretary said the order isn't even really a ban after all. >> first of all, it's not a travel ban. i think you heard secretary kelly. i apologize. i just want to make sure i get this straight. >> reporter: but, wait, the president himself called it a ban in a tweet. >> he's using the words that the media is using but at the end of the day it can'ts -- hold on, hold on, he can't -- >> reporter: those are his words. >> jonathan, thanks, i'll let kristen talk. it can't be a ban if you're letting a million people in. if 325,000 people from another country can't come in that is by nature not a ban. >> reporter: and spicer himself has called it a ban twice over the past several days. >> it's a 90-day ban. >> the ban deals with seven countries. >> reporter: and this was the

president on saturday, the day after he signed the executive order. >> we're going to have a very, very strict ban, and we're going to have extreme vetting. >> reporter: we tried to ask about that. sean -- >> i'll see you tonight at 8:00. >> reporter: but the president also said a very strict ban on saturday, called it a very strict ban. was the president wrong? jonathan karl, abc news, the white house. the state department is voicing some concern about an eruption in fighting between government forces and russian backed rebels in ukraine. heavy artillery exchanges in eastern ukraine killed at least 11 people and left behind plenty of residential damage. a spokesman for vladimir putin blamed ukraine's government for provoking the renewed fighting. the first day of february is bringing snow for some areas. on the radar you can see it falling in upstate new york and new england, but forecasters are only expecting moderate amounts. lake-effect snow will also fall around the great lakes and in ohio and pennsylvania. as you look at that, you know why the obamas are right now in the british virgin islands.

>> who could blame them? >> vacationing in the caribbean but joe biden, he decided to stick around in the area, the greater dmv. >> took on a little adventure of his own. the former vice president was hanging out with some preschoolers in maryland on monday. in addition to this adorable photo, the former vp also shared laughs and high-fives apparently. the head of the school said everyone couldn't have been more excited. judging by this picture, i would say joe biden included. >> joe biden was probably the most excited there. still ahead, the crash test results overnight showing where some electric cars are missing the mark. and adding calories without even realizing it. how your morning coffee could be damaging your diet. >> do we have to do that story? >> is it sweeps month? plus, a group of hikers come face-to-face with a mad moose.

(boy) grandpa, look what i got! (woman) oh dad, wait 'till you see the bike we got for jake. (narrator) hearing loss happens gradually with age... making it easy to ignore. yet most older americans aren't getting their hearing tested. untreated hearing loss can keep your loved ones from enjoying what they cherish most. (woman) dad, can you hear me? (narrator) don't let that happen. speak up about hearing loss. you'll be glad you did.

ft. lauderdale police have grabbed at least one of the suspects in this really fast smash and grab. it happened at a mall at a jewelry store. the owner tossed a chair at the three suspects, but they still got away with 200 grand worth of merchandise. now, this video is really quick because it actually took them only 34 seconds to go through all of this. the others are on the loose. on the other side of the country, a high-speed car chase with an alleged armed robber came to a surprising end when one of the people in the car emerged with a baby in her arms. the driver and at least one adult passenger were cornered on a dead end road in los angeles. they then surrendered after attempts to smash through a gate didn't work. deputies took custody of that child as the suspects in the vehicle were arrested. the dakota access pipeline is one step closer to becoming a reality. the army corps of engineers has received a go ahead for the easement to complete the pipeline. the tribe has promised to continue fighting the project.

a judge wants the government to provide more information on that easement next week in washington. new overnight, two new all electric cars come up a bit short in insurance industry crash tests. tesla's new model s only received an acceptable rating because its seat belt and air bags didn't do enough to protect against head injuries. in the same test bmw's i3 rated good, but experts say it misses the mark when it comes to rear crash restraints. apple is once again the world's top smartphone seller. that's due mostly to record sales in the final three months of last year. demand was especially strong for the iphone 7 plus. samsung had to take on that massive recall of its fire prone galaxy note 7 then fell to second place. this is the first time in five years that apple has dominated in this category of smartphone sales. >> okay, so here it is, a new study provides some intriguing details about coffee and calories. so, coffee, as you know, contains little to no calories but researchers found that

drinkers are adding an extra 70 calories on average a day. the study notes that added cream, sugar, flavored syrups and other sweeteners can lead to extra pounds. tea drinkers were less likely to add additional calories to the beverage. >> so, all the good stuff, everything that makes it tasty and delicious. >> yeah, the biscotti, yeah. >> all right, when we come back, a rude awakening speaking of coffee. >> yeah. >> this one is scary. a woman claims her iphone caught fire while she was sleeping. hear what apple is saying this morning. and the drastic changes coming to some youth football games in an attempt to make them safer. mastering irresistibly smooth. the lindor truffle ... from the lindt master chocolatiers. hard outer shell... smooth, luscious center. unwrap. unwind. with the lindor truffle. from the lindt master chocolatiers.

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once inside the deer, they make a bit of a mess, but they have some trouble, as you can see, on the slick floors. after a little while they finally decide it's time to go but only after someone finally decides to politely hold the door open for them so they can make their way out. we have a little cleanup ahead of them in that store. >> nice to see them just make it out there nicely. road conditions now in the u.s., slippery conditions in the northeast, wet roads in california and in parts of the southeast. snowy once again in the northern rockies. now, despite all that, only san francisco is expected to have weather related airport delays. a woman in florida is now sharing details of what she calls an unnerving ordeal with her iphone. >> amanda bentz says she was asleep when the phone, the iphone 6 plus burst into flames. her husband woke up after hearing her scream. he used his shirt to put out the flames. the couple says the flames also damaged parts of their bedroom. >> i was probably about a foot, a foot and a half away from my phone.

my face was and there was no warning signs, there was no spark, there was no smoke, because i'm a really light sleeper, luckily, and all of a sudden, it just burst into flames. >> well, apple did get in touch with them and says it wants to examine her phone before replacing it. she says the entire experience was traumatizing. johnny depp's former business manager says he's the cause of his financial troubles, depp, that is. depp is suing beverly hills based tmg for $25 million claiming it mismanaged his money. well, the company filed a countersuit saying his $2 million a month lifestyle was to blame. his purchases included 14 homes and an island chain in the bahamas. they also say he spends $30,000 a month on wine. a group of hikers in utah got quite a scare while walking along a narrow trail. check it out. yeah, well, what was coming was a moose. the hikers say it charged toward

them at least three times. because of the trail's width, the group was basically trapped. they just had to wait until the moose finally got bored and just left the area, and then they were finally able to walk back to their cars. >> smart acting there. they can be angry animals. a youth football league and leaders are looking to make the game less physical for younger players. usa football, which oversees the amateur version of the sport, is promoting a modified tackle. it calls for fewer players on a smaller field with no kickoffs or punts for that matter. the goal is to reduce collisions and injuries especially concussions. the hope is the reduced danger will increase participation. youth football enrollment has actually dropped about 20% since 2009. and the patriots and the falcons are in prep mode ahead of sunday's super bowl in houston. >> as for last night's hoops action, let's get those from our guys at espn. good morning. it's "sportscenter" from los

angeles. we got college and nba basketball to talk about. you take it. >> hey, look at brent musburger. i mean, listen, he's one of the biggest dudes there is, and it was his last night of calling games. it was georgia and kentucky. you can just watch the highlight and let's just talk about brent musburger. okay, the man is moving to vegas because he wants to gamble and have a cold one. >> good life. >> oh. when i grow up, i want -- >> as long as you win. as long as you win. >> just even that you're in a position to do it. >> yeah. >> monk led the way, he had 37. kentucky won in overtime. go get 'em, brent. thunder and spurs, russell westbrook never had a triple-double against san antonio. wouldn't in this game either. he had 14 in the third quarter but zero in the fourth. kawhi leonard had a big month of january, his top three scoring games ever, all in january and look at that move.

he finished with 36 points and 8 assists, and with the spurs up 15, he's going to put the exclamation point on it. westbrook, 27, 14 and 6 rebounds so no triple-double for him as the spurs take it, 108-94. >> you know what we've never done on this segment? >> what? >> a walkoff. >> back to you. >> well, fine then, see ya, guys. all right, up next in "the pulse," the american businessman projected to be the world's first trillionaire. and the new therapy fad, adults being swaddled. we're going to walk off right now.

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he's already worth $85 billion. the world's richest person. that report says if gates' investments grow at current levels, about 11% a year, he'll be worth a trillion dollars in 25 years. >> at that point he will be 86 years old. he has already promised to donate a majority of his money to charity. so, many babies love to be swaddled, and now some new moms are getting in on the action as well. >> health experts in japan are swaddling grown women as a form of therapy. it's a new trend set to cut down on stiffness, helps you hold your posture and ease post-pregnancy aches and pains. >> apparently adult swaddling was devised by a midwife who says rocking the mom from side to side like a newborn actually loosens muscles and bones. >> that looks kind of nice. >> yeah, i might have to get into it. >> it looks like it might be claustrophobic too, though. all right, so, tinder, by the way, not just for humans anymore, nope. scientists at an animal reserve in the netherlands have developed a version of the app for an 11-year-old female

orangutan. they're hoping she will swipe right to find her perfect mate. >> but she's picky. so far the results have been mixed. at one point samboja destroyed a tablet showing potential suitors. perhaps no one explained she just needed to swipe left if she wasn't interested. she's not doing a lot of swiping to the right. but once she picks one, they'll fly him in. >> they just got to find mr. right. >> mr. right orangutan. >> no blind dates for orangutans anymore? >> no. >> going digital. >> they all look -- that orange face, she's like, no more orange faces. >> more news coming up after this. it's time to shake things up. with the capital one venture card, you get double miles on everything you buy, not just airline purchases. seriously, think of all the things you buy. great...is this why you asked me to coffee? well yeah... but also to catch-up. what's in your wallet?

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hey, good morning to you, 4:30 club, it is wednesday, february 1. a i'm natasha. >> i'm reggie aqui alongside jessica castro. nice to see you. it's been a little while. meteorologist mike nicco and traffic reporter alexis smith. >> good morning. >> mike, today's the day that rain comes back, am i right? >> yes, we've changed and gone back to our old ways. we have rain on the way but not until tonight. your morning commute is going to be difficult in different ways, the tule fog leaking across the altamont pass and heading into the east bay right now. that's going to continue to get thicker and spread. this is way it looks from sutro tower. not as cool as it was yesterday. mid to upper 50s with mainly a gray sky. once the sunsets, some

scattered, light showers develop. we'll talk about that and spare the air today. first here's alexis with your morning commute. how are we starting? >> we're starting with a problem we had yesterday. another flipped semi, pacheco pass highway, that is a sharp turn. we had one yesterday morning that flipped. again today. so this happened about an hour ago. sounds like everybody is okay. and we do have some lanes down, both eastbound and westbound at this early hour. not a major blocking situation but that truck was hauling about 42,000 pounds of meat so that could be tough. we'll talk about this and the fog coming up. right now, we are tracking a homicide investigation underway in san jose. >> one person is dead. abc7 news reporter matt keller is live on tully road. >> reporter: good morning, reggie and natasha. i want to set the scene for you here. it is a big crime scene. you can see that this mcdonald's here is blocked off. they have police tape on the sidewalk. the whole eastbound lanes of

pall the way up to that ff mcdonald's from quimby road a lot of focus is at this vision care center. police are looking for shell casings. we've had a crime scene photographer. we are near the airport and east ridge mall. they have quimby road -- tully roadblocked at quimby road coming in the east direction. big crime scene this morning. this all happened just before 10:00 last night. officers found a man with at least one gunshot wound. he tied here at the scene. police say they have not made any arrests and are looking swoot motive of the shooting. no words on when the roads will be reopened. they just moved their crime scene van down a little bit farther on the street so they are moving this investigation a little bit, continuing this investigation this morning. this is the