making news in america this 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 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. >> listening to that with their cup of coffee going, what, as their waist grows larger. we say good morning to you on this first day of february and perhaps the dawn of a new era for the supreme court. >> a prime time announcement president trump named neal gorsuch to fill the seat open. if confirmed the 49-year-old conservative from colorado would be the high court's youngest justice in 25 years. >> well, democrats immediately criticize 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. 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. >> reporter: describing neal gorsuch as 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 facebookful servant of the constitution and laws of this great country. >> reporter: gorsuch is a federal appeals judge in denver with a ph.d. from oxford and went on to clerk for 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. >> same goes for how long it could all take to play out. elizabeth hur live from washington, thank you. it didn't take long for nancy pelosi to slam president trump's pick. >> pelosi describes 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 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 hboobby lobby case, for examp. >> democrats haven't decided if they should try to block gorsuch. pelosi is you wering 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. they boycotted votes for two cabinet nominees and blocked a committee vote for attorney general jeff bridges. no president has had fewer nominees confirmed at this point in more than 80 years. 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. at least four more lawsuits have been filed against the executive order including one from the state of virginia. three tech company, microsoft, amazon and expedia are 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: 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 immediate were is using but at the end of the day -- hold on. he can't -- >> his words. >> jonathan, 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: spicer himself called it a ban twice over the past several days. >> it's a 90-day ban. the ban deals with seven countries. >> reporter: this was the president on saturday, the day

after he signed the executive order. >> we're going to have a very, very strakt ban and we're going to have extreme vetting. >> reporter: we tried to ask about that. sean -- >> i'll see you at:00 in he 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 modal amounts. lake-effect snow will fall around the great lakes and in ohio and pennsylvania. you know why the obamas are right now in the british virgin island. >> who could blame them? >> vacationing in the caribbean

but joe biden decided to stick around in the area. the greater dmv. >> took on an adventure hanging out with preschoolers in maryland on monday. in addition to this photo he shared laughs and high-fives. the head. the school said everyone couldn't have been more excited. judging by this picture i would say joe biden included. >> he 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? a group of hikers come face-to-face with a mad moose.

ft. lauderdale police 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 splash through a gate didn't work. deputies took custody of that child as the suspects were arrested. the dakota access pipeline is one step closer to becoming a reality. the army corps of engineer received a go ahead for the easement to complete the pipeline. the tribe 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. tesla's new model s received an acceptable rating because its seat belt and air bags didn't do enough to protect against head injuries. the same test bmw's i3 rated good but experts say it misses the mark when it comes to rear crash restraints. apple is the 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 gala galaxy note 7 then fell to second place. the first time in five years apple has dominated in this category of smartphone sales. here it is. a new study provides details about coffee and calories. so, coffee 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 to 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 in 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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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. >> 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. despite all that only san francisco is expected to have weather related to 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 it burst into flames. her husband woke atlanta falcons 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 and all of a sudden it just burst into flames. >> 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 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 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 widmar, 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. >> they can be angry animals. 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 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 dropped 20% since 2009. the patriots and 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 talk about brent must burger. 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. >> 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. russell westbrook never hit a triple-double against san antonio. wouldn't in this game either. 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. >> what you know what we've never done on this segment? >> what? >> a walkoff. >> back to you. >> well, fine then, see ya, guys. 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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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 is 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. >> adult swaddling was devised by a midwife who says rocking the mom from side to side like a newborn actually loosens muscles and bones. >> i might have to get into it. >> looks like it might be claustrophobic. tinder not just for humans anymore. nope. scientists at an animal reserve in the nether lapds developed a version of the app for an 11-year-old female orangutan hoping she will swipe right to

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>> ♪ >> good morning, i'm tamala edwards it's wednesday, february 1st. we've got developing news. police are on the hunt for at least three suspects after a woman was abducted at gunpoint minutes after she walked out of work. president trump. and exploding phone. a woman says she woke up to find it a fire ball on her night stand. we've got all of those stories, your accuweather forecast and of course help with your commute its all next on "action news." >> ♪ 8 degrees today in houston, home to super bowl li. speaking of the super bowl, security is tightening ahead of sunday's big game. >> there is a lot -- here's a look inside the nrg stadium where the patriots and falcons

will face each other. officials say there's no specific threat against the game itself, but with big protests planned against president trump's immigration ban, nothing is being left to chance. super security with an anticipated 73,000 fans making their way to houston's nrg stadium on sunday, this morning, local federal, state and private agents are working around the clock. >> we have almost three miles of security perimeter around our venue. >> reporter: officials have been working on security for this game alone for the last several years. more than 5,000 officers will be patrolling the area. authorities are also teaming up with verizon using smart cameras to monitor any abnormal behaviors. so we had an object left behind or a vehicle placed where it shouldn'ti shouldn't be, it could trigger an alert for us to take a look at that. >> a 30-mile flight restriction zone in effect sunday but not

all serious. still fun to be had. the famous budwiser clydesdale horses are already there. >> they're hanging out all week pampered at the anheuser-busch brewery making appearances all week long. >> love them. meanwhile, the players including patriots quarterback tom brady are trying to ignore all those distractions and complete their preparations. sunday will be new england's ninth super bowl appearance which by the way is a new record. >> it is a new record and, you know, they're hoping to go for five. matt ryan, matty ice as he's known leads the falcons into their second super bowl ever. wish them luck. >> go, falcons. and that's what's making news in america this morning. >> patriots, america. >> falcons.

>> ♪ >> "action news." delaware valley's leading news program. with matt o'donnell, tamala edwards, karen rogers and meteorologist, david murphy. >> ♪ >> good morning everyone, it's 4:30 a.m. on this wednesday, february 1st. >> and we're following some breaking news. a crash on the blue route near i-95 causing some major traffic trouble right now. >> philadelphia police rescue a kidnapping victim but the manhunt is on for the kidnappers who got away. we'll have a live report. >> the white house is planning a major outreach effort part of an intense push to build support for neil gorsuch the supreme court nominee. >> we're starting with this overturned tractor-trailer even at this early hour we've got police emergency work