before the election and happy halloween. >> i'm shannon bream, toss-ups, tightening polls and turnout, just over a week out from midterms and both parties are bracing. ♪ >> you deserve somebody who is independent, somebody like reverend raphael warnock. >> democrats play defense with the party's biggest stars dispatched to help candidates even in blue states. we have a live report from battleground pennsylvania and the latest on the chilling attack at the home of nancy pelosi, as fears of political violence rise. plus -- >> the poll that matters is the poll taken on november 8, 8 p.m.

>> attention grabbing polls that dominate political chatter and pollsters from both parties to explain what the numbers can and can't tell us. republican kellyanne conway and democrat lake join us live. >> they can't take me down. >> republicans aim to win the house and senate, but they have yet to overcome razor-thin margins in key races. democrats caught on a hot mic reassuring president biden they can hold on. we'll ask republican national committee chair within ronna mcdaniel if her party can close the deal. and helping a senator in a tight race. plus, elon musk takes the elm of twitter, will he give former president trump back his megaphone? ask the panel who happens now that the free speech advocate is

in charge. also, it could be the biggest supreme court case this fall, arguments in college admissions, we'll discuss the cases, history and potential impact on kids applying for school, right now on "fox news sunday." >> shannon: hello, from fox news in washington, big-name republicans and democrats are swarming the campaign trail this weekend selling their vision to voters. deem trying to shore up control of the house and prevent it from flipping red and the heat is on in the battle over 50/50 senate, both parties on edge, georgia, pennsylvania and arizona appear to be a jumpball, against the backdrop of frightening scene in san francisco. house speaker nancy pelosi's husband violently attacked in their home. leaders condemn the attack and americans are reminded lawmakers

and u.s. leaders on both side face increased threats of violence. we have a lot to discuss this morning and will break it down with lake and kellyanne conway and speak with rnc chair woman ronna mcdaniel and chris coons, confident of joe biden. and live where a senate race is coming down to the wire. first to lucas tomlineson at the white house to the president's reaction to the attack of paul pelosi. >> if not for alert dispatcher and quick police response this attack could have had a worse outcome. >> president biden: this is despicable. >> president biden speaking after the attack. >> president biden: there is too much political violence, hatred, vit riol. >> the preponder david depepe

broke in sunday morning. paul pelosi called from the bathroom moments evera the breakin, the attacker calling out "where's nancy," and found nancy pelosi and depepein a struggle. paul pelosi had surgery for a fractured skull and suffered injuries to hand and right arm, he is expected to make a full recovery. the latest violence comes five months after a man threatened brett kavanaugh. threats have doubled since 2017. on the campaign trail, former president barack obama condemned the attack. >> if our rhetoric about each other gets that mean, when we don't just disagree, we start

demonizing them, making wild, crazy allegations about emthis, that creates a dangerous climate. >> san francisco police chief credited the dispatcher for quick thinking. >> her actions, in my opinion, resulted in both a higher priority dispatch and faster police response. i think this was life saving. >> depepe will make his firsts appearance tuesday, he faces charges such as attempted murder. >> shannon: thank you, live to rich who is on the campaign trail in harrisburg, pennsylvania. one to watch, rich. >> it is, shannon, two former and one current president, democrats and republicans in the general election campaign here and nationwide have been distancing themselves from unpopular presidents, now it is becoming unavoidable.

>> pete: john fetterman is pennsylvania, he had a stroke and is recovering. >> john fetterman and republican mehmet oz, fetterman stroke recovery was on full display. >> >> fetterman and oz campaigned across pennsylvania, heavyweights are showing up. president biden and vice president harris to a friday night fundraiser in philadelphia, former president trump and biden with former president obama in philly and pittsburgh next weekend. for obama, part of campaign to swing states. >> it's 2k3wd to be back in wisconsin. >> the 44th president campaigned in georgia, michigan and wisconsin before nevada this week. republicans are also deploying their party stars, florida governor ron desantis campaigning for gubernatorial candidate lee zeldin in new york. >> stop what the democrats have done to this country over the last two years, we have to elect

dr. oz. >> know ares try to make it about the president, biden maintained it is not and said something both parties can agree with. >> president biden: it's a choice issue choice between two vastly different visions of america. >> first lady jill biden is getting involved here in pennsylvania. wednesday she'll hit both ends of the state allentown and pittsburgh. >> shannon: joining us now president of lake research partner, selinda lake and former counselor to president trump kellyanne conway. i'm so excited to have you here >> excited to be here and together. >> shannon: we're down to the finish line, let me start with this, suffolk university, 49-45 in favor of republicans, that is flip from what they had over the summer in july, they said 16% were undecided, they break to the gop, undecided voters this

time around. we have polls showing opposite right now, kellyanne conway, what do we believe and are there that many undecided left? where do they go? >> there are some fence sitters and they make until the end, candidate making closing arguments. essentially the fundamentals favoring republicans and has awful lot to do with two big things, one is the issue set. voters have been straightforward and uncomplicated and telling pollsters, i'm worried about rising cost and rising crime, for some, it is abortion, cnn and james carville, and others admitted that has faded in tensity. republicans have done fantastic recruiting diverse league of candidate, 70% of candidates running in democratic house districts are voters of -- excuse me, candidate of color or

female candidates and a lot of veterans, that has helped the seeing is believing surge in the republican party. voters are excited. in the "u.s.a. today" poll, they made clear and said upward of 40% of hispanics and 21% of african americans are favoring the republican candidates for office, so this is a real realignment of voters who were long-time constituencies of the democratic party they can rely on. i think fundamentals favor the republicans, not single house incumbent lost and we flipped 15 from blue to red and that could happen again. meaning, not a single house or senate republican may lose incumbent, one or two are a little in danger in the house. but think about that. we're looking at 20 to 22 in the house easily and taking over the senate. >> shannon: that is the prediction from kel kel's side of the i'll, people are

suspishgs about the polls, they don't know what to believe, new criterion says this, these two ladies need polls. many observers have a sneaky suspicion pollsters rig their election outcome, and point to the race, senator suzanne collines, that is one example. people are suspicious. >> people should be suspicious and vote their conscience, not the polls. best way to look at the average of the polls, the average says it is a jumpball, dead even. what is most important thing is the turnout and the biggest asset that we have is when president biden, when obama, joe biden, dr. biden go into places, when our vice president goes into places it energizes democrats, you can bet democrats in georgia and wisconsin feel a lot better today after having

heard expresident obama, i think what is really important who will turn out. republicans are energized, but if we got every voter who turned out and voted democratic in 2018, we would win. it is too close to call and any pollsters that knows what is going on, is lying to you, vote your conscience. >> shannon: no reliable crystal balls. >> we'd make more money and be in vegas right now. >> shannon: let's talk about constituency voting blocks, politico has this, democrats growing anxious over black turnout, in a poll last week, just 25% of black registered voters describe themselves extremely enthusiastic about voting in this election, i talked to stacey abrams when we had her on the show, she is getting accusations from within the black community democrats have taken them for granted as

voters and haven't delivered for them. you cited numbers, kellyanne conway, is there a shift or it is a turnout for black voters? >> it started with president trump, doing better among hispanics and african americans second time from the first time and it is continuing because it is now the party of the the worker, party of job seeker and job holder, vast mojority of households in this country. something else going on, i'm happy for it, democrats in this white house have basically ignored voter concern for better part of a year, voters have plainly said to pollsters of every stripe, we're worried about rising cost and rising crime. parents are upset about lost learning and reduced test scores and the fact students and children face emotional and mental health challenge within the school. that is not going to -- we are parents, not a democratic cohort or interest group to be pursued,

we're parents and democrats are trying to make the election about abortion, january sixth and -- a year ago glenn youngkin said education. they have been ignoring voters and "new york times" college poll showed 32 point shift among independent women month over month. >> shannon: do you think that is reliable? that is a little bit of outlier. >> fundamentals are the same. democrats have relied on the political gender gap and if women are migrating to the republican ideals and candidates, we have kathy hochul up by one point, patty marry is under 50%, female democratic legislation. the polls, it is important, we are pollsters if we were not good, the free market would have kicked us out. i'm worried about media polls,

no accountability for the lack of accuracy in the last few years and i worry some people use polls not to reflect and respect public opinion issue but to create and manipulate it. i worry about it. be frank, polls are snapshot in time and tell you about trends, they can't predict, take a poll in early october, it does not predict november. >> shannon: talk about the hispanic votes in nevada, democrats nationwide are struggling to cling on to once relatively secure hispanic vote and be republicans are courts hispanics, what do you see in the numbers? >> democrats had a strong message for over a year and difference between the parties, we have an economic record, we passed the inflation reduction act without votes from the republicans, passed getting prescription drug prices down without votes from know ares, we passed crime bill and gun bill without votes from know ares, we

have a record to stand on. it is important to make sure that record and that contrast gets revealed in the races and voters focus on it. i think president obama is a huge help in getting the african american turnout up and voters solidified. i think the democrats need to have and continue to have a stronger economic message, particularly around entrepr entrepreneurship and jobs and the president is strongly doing that with help from small businesses, the chips acts, that will make difference with latino voters. watch out for the latina women, coming home strong and turning out in record numbers. >> shannon: a lot are on the ballot, too. >> that is right. record numbers. >> shannon: i could pick your brains for an hour, thank you for being with us, we appreciate it. up next, republicans growing more confident about winning the senate, few gop candidates still

have to close the gap. we'll sit down with republicans ronna mcdaniel and chris coons, they are next. you don't have to wait until retirement to start enjoying your second act. with protected lifetime income from pacific life... ...imagine your future with confidence. for more than 150 years... ...we've kept our promise to financially protect and provide. so, you can look forward to leading a whole different type of team. talk to a financial professional about life insurance and retirement solutions with pacific life.

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>> shannon: as both parties get ready to close out the last full week before the election, the closing arguments are key. the dominant issues remain the economy, high gas prices and which party can make american life more affordable. democrats say they are passing laws that can be the solution. republicans say democrats had their chance the last two years. we'll speak with delaware ascertain chris coons who has been out at races with john fetterman and hassan. we are joined with ronna mcdaniel, welcome back. >> ronna: thanks for having me and congratulations on your show. >> shannon: thank you, we appreciate your time. the attack on paul pelosi, he is recovering from surgery, expected to do well and have a full recovery. "washington post" writing this, for many democrats, the attack

on nancy pelosi's husband represent the conclusion of republicans increasingly violent and threatening rhetoric toward political opponents. still a lot we don't about this case, what do you make much that accusation? >> that is unfair, this is a deranged individual, you can't see people saying fire pelosi or take back the house is saying go do violence, it is unfair. violence is up, lee zeldin was attacked, we had assassination attempt against brett kavanaugh and democrats didn't repudiate that or talk about the assassination attempt against brett kavanaugh. if not paul pelosi, this criminal would be out tomorrow. lee zeldin's aattacker was back on the street after he attacked him. we wish paul pelosi a recovery, we don't like this at all across the board, we don't want to see attacks on any politician of any

political background. >> shannon: president obama said everything needs to take down the rhetoric and disagree on policy idea, not to demonize each other. talk about the midterms, these were headlines at beginning of the year, red tsunami warning should worry democrats, how big will the wave be this fall. now red wave crashing, gop slips and gop on defense as chances of a red wave fade. this is the atlantic, most americans say in polls they believe that president joe biden and democrats have mismanaged crime, the border and above all the economy and inflation, why is this not a clear gop blowout at this point? >> we don't know what it is going to be in 2020s, we saw red wave in the house and didn't lose a sing incumbent and put us five away from taking back the house. on the ground, people are upset

about crime, education, parental price, economy, gas prices, death by a thousand cuts, people can't afford groceries, halloween candy and democrats own it and not running on their record. american people are looking and saying do we want to give them this job for two years? am i better off than two years ago? it is resounding no and republicans have put forward a plan and i'm confident we'll have great wins on tuesday, november 8th. >> shannon: star power is out there, we played former president obama, more from him to come. he is echoing a line, republicans are going after entitlement, here is what president obama said about people who have worked hard for them and what your plan is. >> they have long hours and sore backs and bad knees to get that social security. if ron johnson does not understand that, if he

understands giving tax breaks for private planes more than he understands making sure that seniors who worked all their lives are able to retire with dignity and respect, he's not the person who is thinking about you and knows you and sees you and he should not be senator from wisconsin. >> shannon: people considering their vote are worried about entitlements, something the white house, democrats, down the ticket continue to talk about. they say they are pointing to your proposals, to gop documents to back up voters, what do you say? >> that is scare tactics, people are dealing with inflation, biden-flation, abandoning energy independence, which caused prices to rise and seniors on fixed incomes are hurting, hurting because of democratic

policies. people say, i cannot afford groceries, my medicine that i need, to put gas in the car because of what democrats have done and they own it. they own it, they're running away from it and voters are smart anding hold them accountable for this failing economy. >> shannon: if republicans have great success, take the house, senate, they can pass things and put things together. they will get vetoed on the president's desk, how do republicans make the argument going into 2024, that you are the party that can get something done? >> ronna: we hold the power of the purse in the house and democrats have shown priority with voting, instead of more border patrol and more teachers for kids with deficits, they got 87,000 i.r.s. agents, the house can stop that. joe biden talks about being unified and work across the aisle, this is his chance, this is repudiation of the democratic party.

if know ares have big wins, they better recognize, they have to come to the center and work on behalf of the american people and that is what we're focused on, making lives better for voters in desperate need for leadership in washington instead of partisan disaster we're seeing with rising crime and inflation, open border and drugs coming across and kids struggling from the democratic party. >> shannon: one seat you need to pick up is pennsylvania, "washington post" reporting on your commentses saying head of republican party mocks speaking ability of fetterman and biden talking about a radio show you were on talking about them not being able to string together a full sentence. do you regret that appears insensitive? >> ronna: i want john fetterman to be getting better and they should be in front of the press and they are not and john fetterman is not in front of the voters and not being honest

about issues. he lied about the fact he wants to ban fracking and he wants to put criminals back on the streets, this is not spin. they need to get in front of it is media instead of hiding, i hope they do that. >> shannon: if president trump announces he will run in 2024, will there be a primary, good or bad for the party? >> ronna: i'm not talking about 2024, it is about nine days and the midterm. president trump has done 30 rallies with our candidates and people want to be seen with former president trump, he's done 50 fundraisers and raised money for the rnc, he is out working on behalf of other candidate to make sure we win majorities. >> shannon: we'll see, i would say next tuesday, it will take time for the dust to settle. thank you for coming in. joining us now senator chris

coons of delaware, welcome back to "fox news sunday." >> thanks, shannon. great to be back. >> shannon: on the campaign trail, democrats were not expecting to have problem, new hampshire, senator maggie hassan, a republican victory in new hampshire would be upset. in the northwest, deep blue territory, washington beacon reports on the oregon race, voters are fed up with democrats, they "i don't like the democratic approach to anything happening," she's been a democratic voter for 40 years and recently changed party affiliation, that could end with a republican for first time in 40 years, why are you struggling in deep blue territory? >> chris: the folks i'm campaigning with are running on record, ronna mcdaniel we have

real accomplishment to point to, you didn't hear detailed plan how republicans would fight inflation, bring gas prices down, make our country stronger issue but we've got a record both of president biden passing significant bipartisan legislation on issues president trump said he would deal with like investing in infrastructure, bringing advanced manufacturing for chips back to the united states. the president signed bills into law that were bipartisan, we have bills only democrats voted for our inflation reduction act, which will cap out of pocket cost, cap price of insulin and reduce prescription drug prices, one thing americans say day in and day out and said for years is a pressing cost they are concerned about. democrats have taken action and addressed it. the american rescue plan, only democrats voted for, provided funding to put teachers back in classrooms, cops back on the streets. we have a record to run on.

i wish we had a debate on the senate floor between the democratic inflation reduction act and republicans, we didn't because only democrats put forward a plan, we passed it. it is having a real impact, i'm confident maggie hassan will be reelected. >> shannon: there is a piece on foxnews.com, that says this, inflation electorate will hold biden and democrats accountable at midterm, most americans blame joe biden and the democrats for problems we are facing today. he says polling shows majority of americans think the federal spending in the trillions is hurting the economy and making inflation worse, they are woe are worried about gas prices and grocery prices they experience everyday. it happened on the democrats watch for two years, why should they give you another two years of running the country when they are struggling at 40-year-high

inflation? >> chris: inflation is worse in the united kingdom and european union because of the covid pandemic and russia's war, our inflation rates are lower, that doesn't make a difference if what you are seeing at the pump is high gas price. gas prices have come down, we are seeing progress in reducing gas prices and taken strong action to address the prices at the grocery store, both the department of agriculture and bills introduced in senate. democrats have concrete plans and we have taken action to address the prices i hear from voters they care about. healthcare cost and candidates on the other side of the aisle who say they would work to repeal what the president just signed into law that will help with prescription drug prices. i think that is pretty sharp contrast. >> shannon: a lot doesn't kick in for years from now, and voters are going to the polls now as they wait to see how the pieces of legislation play out.

"wall street journal" editorial board says this, democrats are in trouble, they nominated too many candidates with view on climate and the economy, that are impossible to defend this year. how worried how far your party has pulled to the left and how that is resonating to the left and may cost you in the midterm? >> chris: two things, joe biden has strong record on crime as president. he said in his state of the union, i don't support defunding the police, i support funding the police, american rescue plan provided funding for state and local government to keep officers on the beat and his plan this year provides more money to hire more cops. 10,0,000 more police officers. we have a federal grant to hire more officers. look over the line in pennsylvania, where mehmet oz and john fetterman are

campaigning in the closing days of an important race. john fetterman as mayor of braddock just outside of pittsburgh took on violent crime, he has tattoos of the dates young men were killed before he became mayor and spent years working to end violent crime in the town successfully. why is this an issue in the campaign? because tens of millions of dollars of dark money ads from anonymous voters have created mistaken opinion. president biden supports police and funding the police and john fetterman has a strong record of fighting at the most local level to combat gun vinence in the to he was mayor. >> shannon: he is potentially releasing violent felons. >> chris: i understand there have been misleading ads that created impression he is part of defund -- >> shannon: he said things about

the policy. >> chris: voters know he will stand for them. >> shannon: a lot of talk about elect deniers, here is what the former presidential nominee hillary clinton said just days ago. >> right wing extremists have a plan to literally steal the next presidential election. they are not making a secret of it. >> shannon: take that, along with this headline from newsweek, democrats spent $43 million helping election deniers win their primary, they will shoulder blame for helping candidates into to this rhetoric you said you condemn? >> chris: well, shannon, those are both things i'm unfamiliar with, i know there are folks in my party really concerned about the mechanics of elections, about folks running for office in states like arizona and nevada who deny that joe biden

won the 2020 presidential and running saying that they won't accept the result of an election with which they disagree. i think all of us in the wake of this attack on paul pelosi need to say we're going to stop demonizing folks because i think those kinds of rhetoric we've heard in too many places can lead to violence by small number of americans who think when we describe our political opponents as our enemies we're calling for them to be attacked. after the threat against supreme court justice brett kavanaugh, i, woed with senator cornyn to sign into law bill to expand police protection of supreme cour and families. president biden anublic life. i think that is what we should focus on in thisoment when leaders of both parties, but so far not former president trump

decried the attack on paul pelosi. >> shannon: senator, great to talk with you. up next, elon musk era begins at twitter, is he opening the door for former president trump to reemerge on the playoff? we'll tell you what the former president is saying and bringing our sunday group on how twitter regime change could unpack 2024. my dad was a hard worker. he used to do side jobs installing windows, charging something like a hundred bucks a window when other guys were charging four to five-hundred bucks. he just didn't wanna do that. he was proud of the price he was charging. ♪ my dad instilled in me, always put the people before the money. be proud of offering a good product at a fair price. i think he'd be extremely proud of me, yeah. ♪

>> he's a celebrity who wants to be a politician and we've seen how that goes. >> he said, i'm a celebrity. he got that one wrong, didn't he? i'm not a celebrity, i'm a warrior for god. >> former president obama and he shall trading shots, it is time for sunday panel, francesca chambers, josh holmes, john delaney and law professor jonathan turley, welcome to all of you. let's start there. a lot of back and forth there. remember senate majority leader chuck schumer caught on the tarmac saying georgia having a hard time and hard to believe

they will go for herschel walker. nancy pelosi said i cannot believe anybody would vote for these people, does that show disconnect with where the american people are? >> that is politics, think about where we are right now. most people would have assumed democrats would be in a really bad spot, if you look at the historical situation. since world war ii, the president's party lost 24 house seats and this is a tossup and democrats are in a very good position to make a strong closing argument around the economy and that is what they have to do, we all see it, the number one issue on voter minds, they are concerned, they see low unemployment and rising wages, which is good. other hand, they see inflation and high interest rates, which is bad. democrats have to lean into things they have done, tangible things the party has done since it moved to the middle, passed law to lower drug prices, that

will kick in and make a dfshs. passed huge infrastructure bill that will rebuild this country and be popular, including delivering broadband to rural communities. passed legislation to bring semiconductor industry back to the united states and contrib urt to huge rise in shoring up jobs and putting the country in position to lead -- these are things to run on. >> shannon: they are wonky, when people don't see it yet, josh. one race that is tight is in new hampshire, we talked to senator coonses about it. mcconnell pulled ad buys there, is that a missed opportunity? other money flooded in, it is close, is that missed opportunity? >> they spent over $20 million over the previous four weeks, idea they abandoned new

hampshire is crazy. you saw other republican groups get involved there. reality, they are spending in north carolina, ohio, pennsylvania, georgia, arizona, nevada, you name it, colorado and washington state upon. a lot of opportunity there for republicans, it goes to show where these are all being played out. nevada, georgia and pennsylvania, sort of the core of the senate argument and doesn't look like they will lose seats they held. pennsylvania is basically that turning point, right? look at nevada and georgia, for example, prime opportunities for pick theups, i think republicans are heavily favored to take the senate. >> shannon: hot issue is abortion and how the gop coalesces around the position. >> right and republicans are in the mode where they might be the party that wins in this election, but what do they do with majority? is abortion something they will take on and you have senator

lindsey graham who tried to ral rally around the 15-week ban. you hear anti-abortion advocates saying that i need a position to lawmakers and 2024 presidential candidates can rally around. >> shannon: on that point, president biden said this is npartly cloudy r headline, he will push to codify roe if democrats keep house and senate. he talks about it, what was offered up was not roe. >> no, what he was referring to in terms of legislation goes way beyond roe, roe was premised on the fact states could craft their own law and created a floor. the bill in congress is a wish list of what people wanted roe to be, it wasn't roe. that legislation, if enacted, would federalize abortion and go light years beyond roe.

>> shannon: we'll wait to see which party is in the drivers seat about one of those. twitter, elon musk has taken over, who gets to come back on? here is tweet he put out, no major content decision or account reinstatements before that convenes. people want to see a free for all, what happens with twitter now? >> the most important developments, it is not who is on or off twitter, most important development with the acquisition here is push back on modern left idea of content moderation period, we have seen a big effort on the left to silence any opinion that doesn't fit conventional wisdom narrative, covid really, really exposed this, you couldn't even basically provide an opinion that went against conventional wisdom and people were banned from the playoff all together.

one of the most dangerous things you can do in a democracy like ours, i think that is the biggest component to the elon musk piece. >> shannon: there were bad actors who flooded tweets we could never air on this job, it is a tough job. >> he's owned it since friday, shouldn't jump to conclusions, give him a couple days. he is once in a generation entrepreneur. the issues of disestablishmentadisinformation the paul pelosi situation, e escalation of vile sxens how it is eroded notion of expertise, that is what this stuff does, says there aren't facts and hard to move the country forward unless you have base set of facts the experts agree on. >> shannon: this is at a time when there is a call to cancel

justice barrick's book because people don't like her vote. >> why burn books when you can ban them, they said we shouldn't publish a book by barrett, why? they disagree with her jurisprudence. like athletes opposing exercise, this is existential right. >> shannon: we could go on, i can't wait for the commercial. see you sunday. up next, high-stakes legal battles playing out at the supreme court, including fight over whether this sitting u.s. senator should have to testify before a georgia grand jury and two separate willing challenges on affirmative action heading to the high court tomorrow morning. (vo) while you may not be running an architectural firm, tending hives of honeybees, and mentoring a teenager — your life is just as unique.

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>> shannon: in 24 hours, the supreme court will hear arguments on the nation's most politically divisive arguments,

it could take a major new turn. in a moment, we'll bring in law professor john yu, part of a group who filed a brief in one of theis cas. look at the case that could rewrite affirmative action policy in the u.s. >> face your own racism >> the legal fight parents and high schoolers will be watching very closely. tomorrow lawyers for studentses for fair admissions will ask the high court to strike down a 2003 precedent that allows colleges to consider race as one of many factor necessary admission. the group founded by edward blum, who says asian american students are discriminated against by being held to higher standards than other minority groups. >> people involved are liberal, conservative, moderate. >> the schools, harvard

university and university of north carolina, public, deny discriminateing and defend the application process for promoting robust, diverse campus. student opinion is all over the map. >> we are not against someone should not provide racial information, how is that used is a big question? >> race cannot be removed from an application, it is so central to people's identity. >> the suit claims both schools violated title vi of the schools act, overemphasizing race and rejecting workable race neutral alternatives. harvard president says considering race is one factor among many in admission decisions produces diverse student body, strengthenging the learning environment and unc wants court to pursue educational benefits of diversity in narrowly tailored way. nine states ban use of race in

the admission process, including california. the university of california system says when a state ban on affirmative action went into effect in 1998, proportion of black and latino freshmen at ucla dropped by roughly half. >> it would be sad day in history, this is way forward, not the way sffa wants to take us, they want to eliminate a thousand african americans and latino from the campus. >> precedence unheld race conscious affirmative action program as long as it is not based solely on race or quota system. justice o'conner wrote, the court expects 25 years from now use of preferences no longer necessary as it is today. >> shannon: that argument will

land with the supreme court tomorrow morning, john yu joins us now. welcome. >> great to be with you. >> shannon: the schools say they have not discriminate said against asian students or anyone else, this is from the brief, study whether race is necessary to assemble a race of different background, no alternative is workable and until it changes they say harvard needs to use race in putting together a diverse freshman class. >> harvard and other institutions claim they need to look at race to ensure diversity. what people on the other side, asian studentses, white studentses, students want is for the university to join the rest of the country and constitution and declar agsz of independence believing the government should be color blind when treating us

as citizens. difference allow policing and hiring, giving out money and contracts, why should schools be able to consider us by our skin color rather than as martin luther king said on the content of character. >> shannon: tomorrow they take us that case. also, whether senator lindsey graham should have to testify front of grand jury about -- he has constitutional immunity. should the senator's application be granted, the subpoena blocked, the grand jury work will be indefinitely delayed ensuring information that could clear the innocent or guilty will lie beyond the grand jury grasp. what will the supreme court do here? >> i'm glad you read the line the lower courts are trying to

draw, i think the media exaggerated what is happening here. senator graham does not have to testify about things he was doing as part of he jit mat activities like senate judiciary committee, about absentee ballots and counting. what lower courts are allowing and i think the supreme court will let the lower court continue to run the process. maybe the prosecutor in georgia is allowed to ask about things senator graham was doing politically like talking with the trump white house and trying to get officials to change rules or to cheat essentially, that according to the lower courts here is outside senator graham's legislative duties, that is acting like a republican politician. i think the supreme court may not want to get into the thicket of what questions and leave to lower courts to handle. >> shannon: do you think they will grant a stay as it plays

out? >> good point, they may have a stay because georgia doesn't seem to be in a rush, to hear fuller oral argument, even if we do allow lower courts to run things. >> shannon: big day and big week, john yu, thank you for joining us. >> shannon: up next couple programming notes, a big one about a town hall in one of the biggest battleground states, that is next. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ (vo) red lobster's finer points of fun dining how to endless shrimp:

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programming notes ahead of major political week, tonight join bill hemmer for an hour-long special called "the big midterm show," bill brings panel of experts to discuss the latest news and polls ahead of november 8th, that is tonight. 10:00 eastern here on fox news channel. join bret baier and martha maccallum for town hall special on tuesday night, they will be live in ohio, one of the most heated races. voters ask questions of both democratic congressman tim ryan and republican jd vance, 6 p.m. eastern, don't miss it, senate could hang in the balance. next week working on massive midterm special from headquarters in new york, that is it for this sunday morning. thank you for joining us, i'm shannon bream, have a great

the violent attack on her husband. how, she says her family is coping and what's next for the man accused in that attack? and changes continue at twitter what elon musk has ordered managers to do and what could happen by the end of the weekend. from ktvu. fox two news this morning's onto welcome to mornings on to its sunday october 30th. i'm claudine wong. christian captain. i don't know about you, but on my way in this morning there was a little bit of fog on the bridge, which tells m