breaking overnight by a vote of 7-2, the u.s. supreme court just handed the trump administration a huge victory in their immigration asylum policy. >> this as the white house cracks down and pushes to ban the sale of flavored electronic cigarettes >> new details in the antonio brown case as head coach bill belichick speaks out on the rape accusation tz. >> antonio and his representative made statements they're taking it very seriously. >> almost free mike the situation sorentino is scheduled to get out of jail

today after being arrested for tax evasion. >> meet the genesis terz that share a rare military rank "early today" starts right now good morning i'm phillip mena >> and i'm frances rivera. the supreme court deals a major blow to immigrants seeking asylum in the united states. ruling in favor of the trump administration to enforce new aggressive asylum guidelines under the new rules, migrants who pass through another country on their way to the united states would have to seek asylum there first. president trump celebrated the victory on twitter out of the four liberal justices on the court, justices ruth bader ginsburg and sonya sotomayor dissented. sotomayor said -- >> nancy pelosi is laying the blame squarely on senate majority leader mitch mcconnell when asked why lawmakers haven't acted on the issue nbc's tracie potts is joining us

with the latest from d.c tracie, good morning congress could take up the issue of background checks today >> well, they could find out today, phillip, what the president is willing to support. that has been the key here leader mcconnell has said he absolutely will not bring anything up for a vote unless he knows already that the president is going to sign off on it so today the president is expected to review options prepared by white house staff and could announce what type of legislation he may support, whether that's support for state red flag laws or expanding background checks. but as you noted, pelosi has laid the blame squarely on mcconnell, saying that the house has done its job the senate needs to move forward. >> lives are at stake. senator mcconnell is standing in the way. we passed that bill in february. don't ask me what we haven't done we have done it. other people are dying senator mcconnell hasn't acted why don't you go ask him if he has any regrets for all the

people who died because he hasn't acted >> but here's mcconnell explaining that there is a good reason why he says he hasn't acted. >> my members know the very simple fact that to make a law you have to have a presidential signature. they are working oncoming up with a proposal that the president will sign. until that happens, all of this is theatrics >> reporter: now, democrats believe that there is some room for compromise here, although the white house has made it clear that some things like an assault weapons ban or any restrictions on weapons or ammunition, all of that's off the table. phillip? >> all right, tracie potts joining us from washington tracie, thank you. >> we now turn to the growing concern about mysterious illnesses linked to vaping there have been 496 cases of lung disease linked to the devices across 42 states and six

reported deaths. the trump administration is now making moves to ban the sale of flavored products that are popular with under-age users here's nbc's ann thompson. >> reporter: the vaping epidemic, getting presidential attention. >> we can't allow people to get sick and we can't have our youth be so affected >> reporter: the administration promising to take flavored e-cigarettes off the market. used, it says, by 5 million american children. >> what we are doing today is ensuring kids will not have access to the products they have been seeking and using which are these flavored e-cigarette products >> reporter: a dramatic step to devices linked to six deaths and almost 500 reported lung injuries in wisconsin evidence from a law enforcement crackdown, seizing dozens of jars of thc oil, the active ingredient in marijuana, from an illegal vaping operation. 20-year-old tyler was the mastermind, say officials, turning out 3 to 5,000 flavored cartridges a day, laced with thc. and selling them to high school

students he has not entered a plea. >> they are actually packaging these or filling them with 1,000 milligrams of thc. so it's 157 times the potency of what the labeling says it's not candy it's highly potent drugs >> reporter: health officials suspect such counterfeit products may be behind the spike in the life-threatening illnesses. with an e-cigarette, the battery fires electronic currents to heat up nicotine or thc-enriched liquid and turn it into vapor. that vapor is then inhaled into the lungs. >> the inflammation can come from this heated arrerosol traveling into the lung and reacting with the lining of the lung >> reporter: 15-year-old cooper stevens vaped and it almost cost him his life >> going forward from here, try to help people to not vape like

my friends >> reporter: his habit, doctors say, led to a fever, pneumonia, nine days on a ventilator and organ failure, shattering his mom jaycee >> have the doctors look at you saying your child may not recover, that was terrifying >> reporter: well, as you can imagine, the e-cigarette industry is not very happy with the trump administration the american vaping association calls the plan draconian, saying it will send ex-smokers back to being smokers. it will do nothing to stop the sale of contaminated thc cartridges and most of all, it will create another black market this time for e-cigs frances? >> ann thompson for us ann, thank you >> purdue pharma, the biggest opioid producer in the country has agreed to a tentative multi billion dollar settlement with at least 27 states and territories for its role in the opioid crisis. the deal calls for the maker of oxycontin to pay out over

$10 billion. but some critics are arguing the agreement doesn't stretch far enough here's nbc's tom costello. >> reporter: thousands of cities and roughly two dozen states have signed onto a deal that would have opioid giant purdue pharmaceuticals paying up to $12 billion. as the company reorganizes under chapter 11 and turns itself into a for-profit trust with profits going directly to the plaintiffs but almost half the states are not on board, arguing the deal doesn't go far enough to hold purdue or the sackler family, the owners and one of the nation's rich est families fully responsible for the thousands of deaths linked to the opioid crisis the connecticut attorney general saying the scope and scale of the pain, death and destruction purdue and sacklers have caused far exceeds anything offered thus far the challenge purdue has threatened to declare bankruptcy if its offer isn't accepted, leading to less money for the states >> 400,000 americans died from

the opioid crisis. and so those democratic a.g.s are saying that their citizens should get more money out of this deal. >> reporter: in a deposition obtained by pro publica, owner richard sackler said purdue's strategy had been to sell more oxycontin. >> the way the sale scheme was set up, if they sold more oxycontin, they made more money basically? >> yes, yes, sir the same as almost every other company in the industry. >> reporter: purdue says it continues to work with all plaintiffs on reaching a comprehensive resolution to its opioid litigation that will deliver billions of dollars and vital opioid overdose medicines. >> our thanks to tom costello for that report. >> more on the nfl stars facing sexual assault allegations and a new lawsuit. antonio brown is accused of rape just days after the wide receiver was released by the oakland raiders and signed by the patriots new england has indicated that they will stand by brown the question remains as to whether the league will place brown on the commissioner's exempt list during the investigation. nbc's miguel almaguer has more

>> reporter: back on the field and also the target of serious allegations, star wide receiver antonio brown practicing with his new team for the first time after he was hit with a civil lawsuit, accusing him of rape. his former trainer world class gymnast brittany taylor accuses brown of sexual assault on three separate occasions the most serious last year when taylor says at his home in miami she was cornered by brown as he forced her down onto a bed, pushed her face into the mattress and forcibly raped her. >> we looked into the situation. we're taking it very seriously >> reporter: with authorities saying they have no record of a complaint and no criminal charges being pursued, taylor, who is suing in civil court, tells nbc news as a rape victim of antonio brown, deciding to speak out has been an incredibly difficult decision but brown's attorney shot back he denies each and every allegation in the lawsuit,

adding any sexual interaction between brown and taylor was entirely consensual. at practice, tom brady >> any comment on the antonio brown allegations that are out there? >> no. >> reporter: as one of the league's best receivers, brown is also one of the mos controversial. after turmoil with the steelers and raiders, before he's played a single game for the patriots, where he'll make up to $15 million this year, his future is now uncertain. miguel almaguer, nbc news. >> after a terrifying car crash, kevin hart appears to be closer to recovery. the comedian is reportedly out of the hospital and being treated at a rehab facility. hart underwent surgery for major back injuries after his car which was being driven by a friend veered off a road and crashed through a fence. tmz says their sources are hopeful the actor will be able to leave the rehab facility where he is doing intense physical therapy in about a week >> we are watching the tropics once again

here's nbc meteorologist bill karins with what he's watching good morning >> yes, the area of interest, too, the bahamas, the southeast coast, maybe even areas of florida possibly, the northern portions of florida, too so this is the area of interest right now. and again, it's not a system we are currently tracking the hurricane center says in the next two days, 50% chance it could become a tropical depression and 70% chance in the next five days drifting towards florida. overnight computer models, european model actually takes it over the northern bahamas and has it just off the florida coast. by the time we get to sunday looks like heavy rain will be increasing as we go throughout the week we'll have to wait and see if it does get it back together. hopefully s of thunderstorms th afternoon. and also if you look at areas of texas from south texas storms are likely

that's a look at your thursday forecast. >> bill, thank you in today's quick hits meet blaze pizza's newest delivery man, lebron james the nba champion hit the streets of cleveland to give out 14 inch pies posing as their employee named rod. >> two species of electric eales have been discovered in south america. including one capable of delivering a record-breaking jolt of 860 volts of electricity, the highest found in any animal. >> cast member mike the situation sorentino will be a freeman according to the federal bureau of prisons. the reit at star is scheduled to be released todaafy ter serving eight months for tax evasion we'll be right back. your detergent... that's why more dishwasher brands recommend cascade platinum. it's specially-designed with the soaking, scrubbing and rinsing built right in. cascade platinum's unique actionpacs dissolve quickly... ...to remove stuck-on food. . . for sparkling-clean dishes, the first time.

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u.s. products are exempted from tariffs. the dow climbed more than 200 points on the news, closing about 27,000 for the first time since july leading the news, the potentially awkward day ahead for president trump as he sets off for baltimore to speak at the annual house republican ret. the visit comes just weeks after he derided the city calling it a disgusting rat and rodent infested mess as well as a dangerous and filthy place he later doubled down. >> people living in baltimore are very happy that i'm bringing out the fact that it's like living in hell >> several activist groups are planning to protest the president's visit today. >> police are investigating the death of an nfl player's girlfriend officials say 26-year-old patera cordro, the girlfriend of cleveland browns chris smith, car blew a tire and struck the median on the highway.

another couple pulled over to look at the car. the other driver admitted to drinking smith was not hurt the couple recently celebrated the birth of their daughter in august but brown issued a statement saying, in part, our entire organization mourns with chris >> thousands of volunteers mark the 9/11 national day of service by giving back, including roger goodell, kevin bacon and gotham's ben mackenzie they joined others at a 9/11 day in new york city packaging meals for those in need. 100,000 of the meals will be sent specifically to those impacted by hurricane dorian the 9/11 day organization held similar events nationwide aiming to provide 3 million dinners to food insecure individuals all across the country >> still ahead, the hot new tortilla chip that will burn a hole in your wallet and your mouth. that's what she said pam and angela are teaming "up to the mut f a nine"orew podcast. the details on "early today. this is how it made me feel.

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he called john a boring musician and his filthy mouth wife those two things are true. john is boring i do have a filthy mouth i was really angry i think my eyes filled up with water at the shock of it >> you're going to let that go, right? >> maybe did he say something else? >> no, i don't know anything >> is he here? >> that was chrissy tiegen opening up about a recent twitr

president. she has said a lot of things about president trump since 2012 i love that she was asking, is he here? people pop up, you know, all over the place and scare the guests wouldn't that be something never know with the president. >> he could be watching, though. everybody follows chrissy tiegen on twitter knows a bingeing episode, you'll be able to watch office podcast. they announced their plan on social media they will team up to host office ladies a behind the scenes podcast all about the iconic show. fischer says the duo will chat about their personal lives and their friendship the first episode will premiere on october 16th. and anybody who watched the show knows that they didn't really get along. >> no. but in real life it's besties. >> it's a continuation of it i think people like to see them

together >> fills a void, office void all right, a special challenge from 2016 is back for its next debut a tortilla chips announced the return of the one-chip challenge. with a new look and even more spice. so this single chip is made with carolina reaper peppers. so those are the guinness world record holder for the world's spicyest pepper. it will cost you about 6.99 according to the brand this single chip will be covered in a, quote, intense amount of black carolina reaper seas ningning enings if you can do one. >> i'll see how hot it really is still ahead, we'll tell you why two sisters will making history in a remarkable rise througthras t ay. u' watching "early today." om tr. you may have overactive bladder, or oab.

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diamonds across major league baseball tributes were made to 9/11 at camden yards in baltimore, an american flag was pro zwrekt jected on the base path. in new york they shook hands with first responders before the game and wore specialized cleats ordered by pete alonso that honored victims and first responders >> now what is believed to be the first time in the 244-year history of the u.s. army, two sisters have achieved the rank of general nbc's kate snow has their story. >> reporter: in the army do people know you're sisters >> some do, some don't >> reporter: they will now major general maria barrett oversees communications networks for the army

her little sister became brigadier general paula lodi this summer in the army's medical command. from sharing a bedroom growing up, now sharing the same rank, general. >> for the majority of my career, i really haven't thought about being a woman every day. but when the story came out on this and then you see the comments that come back and you realize that you're still -- you're a role model for others >> reporter: their dad a veteran of world war ii, a proud tradition of service >> very blessed to have somebody that you then can share experience and talk to >> reporter: you're sisters. >> that understands what you're going through. >> reporter: when general barrett was promoted to two-star general, she followed the tradition of passing on her former one-star emblems to someone else on the rise >> the person that i gave it to was, you know, a fantastic mother, a fantastic wife, fantastic officer, and then i

called paula to get them and she -- i do think you were surprised. you didn't see it coming >> i did not see it coming i thought after polyester jumpsuits, we were done with hand me downs. but this was a very special hand me down. >> reporter: general lodi now wears her sister's former stars both hoping to inspire others to reach for the stars, too kate snow, nbc news, washington. >> i think they have inspired others my goodness. >> that is impressive. >> to rise through the ranks just like that one last thing before we go. a couple of notable trademark applications were denied federal regulators rejected the ohio state university's trademark for the word "the. the school wanted to create a line of merchandise around the word and basketball star lebron james bids a trademark taco tuesday was also shot down the future hall of famer uses it on instagram stories if you watch that but taco tuesday is considered commonplace. it's a commonplace term

considered by the patent and trademark office anybody who heard that, come on, you can't trademark taco tuesday. >> he's going to have to think about something else >> you can own a lot of things, lebron that's not one of them

welcome to thursday morning. let's take a peek outside. temperatures at the skyline, you see the bay bridge. today is a spare the air alert day. so take heed. take warning. all right. good morning to you. thanks for joining us. i'm laura garcia. >> and i'm scott mcgrew. kari has your morning forecast. >> it starts out nice, a hot day is ahead. as we get ready to head out the door, low 60s with some sunshine. our temperatures are going to start to warm up at 11:00. we're at 81 degrees. as we look at our micro climates