donald day trump used when he was candidates donald trump and not one hero when he is president trump. what he wrote as president trump in the second executive order, the one that was ruled on today, was pursuant to the constitution, pursuant to an express authority given to him by the congress, and to another supreme court opinion, when a another president -- couldn't have been more on point if he wanted to. >> shannon: signing on a letter to justice ginsburg, singh based on her comments during the campaign season, not so flattering about the man who would become president, that she should not be able to take part in consideration of the travel ban. >> andrew: well, the supreme court has addressed that a long time ago, having been a lower court judge, i know what it is like when your bosses tell you that you have to be off of a case because of something that you said. those rules don't apply anymore. so justice ruth bader ginsburg will sit on the court, she was with everybody else today. they don't know where she will be on the substance issues, but that effort by those 50 people, perhaps well intended, is a nonstarter. >> shannon: all right. >> andrew: there is this slight descendant, justice gorsuch basically saying who is the court to carve this out? >> shannon: yeah, they would have gotten rid of the injunction against the ban altogether. all right, judge. good to see you. we will see you tomorrow too, all right here now, davis, president of citizens united, a democratic insolence, both our fox news contributor's. great to see you both. >> great to see you, shannon. >> shannon: would you say that this is at least a partial victory for the trump administration? >> it is from a legal perspective, but if you are somebody who wants to do this country harm, surely you can find somebody who has either traveled here before or who has a family member here or can somehow establish that you have some sort of connection to the united states, in which case you can commend, so you know, i can't believe i am siding with justice thomas, but -- i know. but he raised a really good points, how is this practically enforceable? this is open to all kinds of interpretation, and it is very confusing to how this will be enacted. >> shannon: what we got from the justices, singh basically if you have some kind of connection, visiting a family member, accepted to a universit university, employment offer here, those kinds of things are okay, but when it comes to refugees who lack any kind of connection to the united states, balances in favor of the government's compelling need to provide for the nation security. >> yeah, i think that julie is exactly right. this is why the president just a couple of weeks ago criticized his own justice department and watering it down. he believes, and i believe that the president should have the right to, as commander-in-chief, to stop anyone from those countries from coming in. so look, this is a great victory for the president and his administration, and let's not belittle that. but it would be even better if it was the original version. >> shannon: yeah, so we do get version two-point oh. so in october, they will take up the full consideration of, julie, what do you think? they were looking at a potential 5-4 situation, so we'll have to see. >> yeah, i am certainly not a lawyer, and i certainly hope that -- there are people who are literally dying to get here because they want a better life for themselves and their children, so i would hope that we are not singling out people from some countries, when in fact, the people who hurt us on 9/11 for example are from none of those countries, it seems a very arbitrary decision to make selective countries, i am not for this muslim ban, which is in fact what it is, but i'm even more confused by the decision today. >> shannon: but remember again, these are the countries that were chosen under the obama administration because it was their concern about the terror traffic, right, david? >> it is exactly that. the obama admin is in its duration identified these countries as dangerous, has lived up to once again his campaign promises to make sure that he has commander-in-chief is able to protect the american people from these dangerous people. and that's what they are. they want to come here and do harm to americans here at home, not just abroad. >> shannon: we are not saying that -- it is people who are fleeing for persecution and other things too. they want a chance at a better life. all right, also breaking tonight, supreme court refusing to hear the gun rights case out of california and san diego. sheriff's department imposing strict requirements, saying who can get a conceal and carry permit. they were sued, lower courts ruled against the gun owners, and now, that decision stands. interestingly enough, we don't always get this, but when the court doesn't decide to take a case, it means that there are four justices who think it should be hurt, sometimes people file a dissent, and there was a big one today. and i believe this was justice thomas, and also, gorsuch joined him. for those of us who work in this hall, guarded constantly by vigilant and dedicated police force, guaranteeing their constitutional rights. up but, they made a clear choice, they reserve the right to bear arms for self-defense, these were not happy, david, that that case did not get a hearing today. >> and i am right there with them. i think that this is an important case, i think that's also one of the things that they set up in their dissent was that the courts seem to be marginalizing its, if you will come of the second amendment cases that have been coming up there. i believe it has been about a decade since we have had a big second amendment case brought up, so i think they are frustrated is they want to make sure that the second amendment is protected for all of americans, and this is a defeat for them. >> shannon: all right, what you think? >> there is a limit to the first amendment, and there should be limits to the second amendment as well, it shouldn't be able to do everything, you should be able to carry a holster missile, there have to be limits to what they are talking about under the second madmen, and i guess the courts decided that there are limits in california. >> shannon: all right, that stays in place, the lower court ruling. some of the complaints in the dissent as well, not heard a second amendment case in years. we'll see what happens. it david, julie. thank you so much. still ahead, and another huge supreme court decision today resulting in victory for religious freedom. how a children's playground made the center of the first amendment battle, plus capitol hill is buzzing tonight over the released, just got the cbo score of the health care bill, we are going to explain exactly what the numbers mean to you, and a controversial law puts ben carson on its extremist watch list, now say that they belong there to. but is fighting back. he will tell us the plan to take them down. ♪ their leadership is instinctive. they're experts in things you haven't heard of. researchers of technologies that one day you will. some call them the best of the best. some call them veterans. we call them our team. you supported him through four years of undergrad... and medical school. it's no wonder he said, "you don't have to pick me up." at lincoln financial, we get there are some responsibilities of love you gotta do on your own. and some you shouldn't have to shoulder alone. like being able to maintain your lifestyle, no matter what comes your way. ask a financial advisor how lincoln can help you get through your retirement, and not just to it. lobster and shrimp are teaming up in so many new dishes.fest, like coastal lobster and shrimp, with shrimp crusted with kettle chips. or new, over-the-top lobster and shrimp overboard. but it can't last, so hurry in. are upgrading their watere filter to zerowater. start with water that has a lot of dissolved solids... pour it through brita's two-stage filter... dissolved solids remain! what if we filter it over and over? 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>> of course, even if i was money hungry, does that make me an anti-muslim extremist? it is absurd, the only conclusion one can come to is that i am the only muslim on the list, i am a liberal, i stood as a liberal democrats and candidates in london, the only way it makes sense is if they have an ideological agenda to model voices that wants to critique this extremism, especially voices like myself, within the community. i remain muslim, and i have left the religion. i have a right to do so. i challenge and critique my own community from within, and they put a target on my head. >> shannon: why are they doing this? what do you think this is about because a lot of people would say what you are doing, explaining our own experience, i walked away from extremism, not trying to change things with them, is something that people should laud wherever they are from the spectrum? >> of course they should laud it. we just had this, the anti-muslim populist extremist always say, challenging extremism they are all the same, a lot of people like myself have many muslims like me in it, the majority are muslim, they have muslim theologians to perform discourse from within the community. a lot of people who are precisely doing this, and they want to shoot us down and muddle us in this way. they are ideological driven to silence any voice within the muslim community that is interested and point scoring. >> shannon: you really think that? >> oh, absolutely, what they did to the kkk, that was great work, and they should be lauded for, they became famous because they brought cases against the kkk, they were set up to defend people like me, and now they are putting targets on our heads, it is high time that they get their just desserts, . >> shannon: so we all agree that they have's done some good luck mike work along the way, where do they go off the rails? >> discourse among the left became polarized, the control left for that reason, we need to reassert ourselves, individual rights, and i think when that discourse became hardened, we saw the results of it. we saw what happened, charles who is also been listed by them, suffered a concussion because she tried to stop them from being attacked, we saw the attempt on the republican lawmakers life, we often associate violence with far right or islamist jihadist, but in this case, it is leading to violence. and it needs to be checked. when we were critical of mccarthyism, it was precisely that tactic that the left adopted. we make a list of people in this way, they end up being murdered. in 2013 in bangladesh, jihadists made a list of other heretics like myself, other freethinking muslims, ten of the people that were listed were murdered in bangladesh. this is her colleague and friend who was murdered in the netherlands, as well. >> shannon: well, you are doing important work and sometimes dangerous work by speaking out. good luck with the lawsuit as well. already, if you want to get involved. all right, now we have numbers brand-new from the seaview health care bill, so now what about the boat? >> i don't count senator mcconnell out, but this is such a bad bill that even his legislative wizardry is having a rough time. >> shannon: so can fame to strategist mitch mcconnell find a way to pass this by friday? plus, hillary clinton and now bernie sanders, the former democratic candidates, now under fbi investigation, and you will not believe for watch. >> there is an implication from this one individual in an explicit argument that when they called for an investigation that you used your influence to secure a loan. ♪ today, we're out here with some big news about type 2 diabetes. you have type 2 diabetes, right? yes. so let me ask you this... how does diabetes affect your heart? it doesn't, does it? actually, it does. type 2 diabetes can make you twice as likely to die from a cardiovascular event, like a heart attack or stroke. and with heart disease, your risk is even higher. you didn't know that. no. yeah. but, wait, there's good news for adults who have type 2 diabetes and heart disease. jardiance is the only type 2 diabetes pill with a lifesaving cardiovascular benefit. jardiance is proven to both significantly reduce the chance of dying from a cardiovascular event in adults who have type 2 diabetes and heart disease and lower your a1c. jardiance can cause serious side effects including dehydration. this may cause you to feel dizzy, faint, or lightheaded, or weak upon standing. ketoacidosis is a serious side effect that may be fatal. symptoms include nausea, vomiting, stomach pain, tiredness, and trouble breathing. stop taking jardiance and call your doctor right away if you have symptoms of ketoacidosis or an allergic reaction. symptoms of an allergic reaction include rash, swelling, and difficulty breathing or swallowing. do not take jardiance if you are on dialysis or have severe kidney problems. other side effects are sudden kidney problems, genital yeast infections, increased bad cholesterol, and urinary tract infections, which may be serious. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. tell your doctor about all the medicines you take and if you have any medical conditions. so now that you know all that, what do you think? that it's time to think about jardiance. ask your doctor about jardiance. and get to the heart of what matters. >> shannon: breaking tonight, we now have the numbers on the senate health care bill, and the diagnosis? well, we learned that premiums would go down, senate leadership not holding back, testing major doubts on whether this measure will come. watch this. >> the american people need better care right now, and this legislation includes the necessary tools to provide it. >> the bill has been hanging on by a thread in the senate, and the cbo shows why. the republicans cannot exercise their rotten core at the center of the health care bill. >> shannon: joining me now, fox news politics editor, who knows everything about everything in washington. >> listen, we know that senate majority leader mitch mcconnell is really good at working the center rules, technicalities, that kind of thing. >> will, he is also a good strategic thinker coming in the basic argument here for conservatives and moderate republicans is this. before basically november, they are going to have to swallow something in terms of the obamacare bill out for at least this year. that is just the facts of life, or otherwise there is going to be many millions of people who lose their insurance, and it will be a catastrophe, as we have talked about many times right here, we have the spinning down of these insurance markets, and insurers are leaving. you have to prop that up somehow or there is going to be massive disruption, the best argument that mcconnell has going for him is saying that everybody, if we do now, we can do with 51 votes, we can do it as a republican bill, we can do it in a way that there is more to our liking, if they wait, if they can't pass this, regardless of what happens ten years from now, if they can't pass this, then they are going to end up in october, bending to the democrats, only 60 votes to try to get there, and what they end up with will be a lot less appealing. >> shannon: okay, so if they don't move forward, if they do and they can't get to a house that works for everybody, according to the present, tweeting today, thing republican senators are working very hard to get there, with no help from the democrats, not easy. perhaps just let health care crash and burn. is that the 20th 2018 solutionn you're heading to the polls close or mark >> we are heading to the bluff stage because everyone knows that this is out there come out there in november essentially, when these sheets get written and all the stuff happens, they have to have a deal before that, it is sort of like when we talk about government shutdowns, look, separate this into two things, the long-term stuff or the cbo score, how many people, in ten years will be up in insurance or out of insurance matters a lot less because congress often doesn't follow through on these promises that they have said that it will. but for the near term, the real driver for discussion for republicans is this a fix for obamacare in the very short-term. now that doesn't mean that failure is not an option, and mcconnell has made it pretty plain. they'll either take their shot at this or if they miss it, and they don't pass it, it is see you later, and they are moving on to texas. he is not going to waste a month on this. >> shannon: seems like there is a lot to get done between now and friday. chris, thank you. >> you bet. >> shannon: democrats and republicans alike as this bill cuts down the deficit, does medicaid get cut right along with it? kellyanne conway push back against this earlier today, arguing obamacare stretches the safety net to white, watch this. >> this is slowing the the dash allowing them more flexibility in their states to be able to give the dollars out because they are closest to the people in need. also, medicaid continues to be defunded. >> shannon: joining me now is douglas, president of the american action form, under president bush, and andy, serving as director under obama. good to see you both tonight. >> thank you. >> good to be here. >> shannon: so let's talk about some of these numbers, by 2020, premiums will be done, projected to be 20 present, but 22 million fewer people covered. at doug, how do republicans rally around that? >> well, i think this is the same thing that we saw in the house, i think they were disappointed that they didn't get better coverage, they certainly made an effort to apply an alternate strategy for continuing coverage, stabilize the markets in the near term, really frontload some funding to make sure it was available to the individual market, having done that, they didn't get out of this bill what they thought they would, even after all of that effort. to my eye, this really is a sensible set of reforms, there are things i need to be done in the economy that are, and a target to taxpayer dollars more carefully to those who need it, and that is really the structure of this bill. >> shannon: and even the cbo points out that yes, millions more will be not covered, when the government stops forcing people to do stuff, they're not doing it, if they did not tell me i had to pay taxes, i would not just charitably write that check to the government, and people may feel that way about insurance. >> good for you, i agree. we have two problems with the cbo. of the first is that it has a coverage numbers program, with his moderates and with the center. but the other problem is that it's really leaves this completely intact and doesn't do much to reduce cost. in fact, deductibles, according to what is in the cbo plan, but also other analyses, goes up to $6,000, and people who are in their 50s and 60s are paying $5,000 more in premiums, it is very tough medicine for the ted cruz wing to swallow, so the bill has problems on both sides, and even if you walk a little bit back from how the cbo analysis is, that doesn't really matter, the fundamentals are a lot of coverage loss, and premiums don't go down. i think that is the real issue. >> shannon: all right, we do have this one cbo prediction that says by 2020, they are down by 30%, but the american metal so she and today it first do no harm. the draft legislation sets the standard on many levels, but what they go on to say is that they are worried about people losing access not to affordable quality health care, but losing access to insurance coverage, and the listen, doug, we know that is not the same thing. >> no, there has been a long distinction between having health insurance and medicaid, still blunt unable to get into a primary position for example. so you really do want people to have access to care, that is fundamental, i am a bit surprised by the concern about access to coverage, certainly the medicaid for example, which are aimed at the lowest income americans, that is a situation where for the really needy populations, the elderly, the disabled, the medically needy children, right now there is no central change to the dollars available to them. for the others, it is for capital allotment, if another beneficiary shows up, more money shows up, and they will certainly have access to medicaid. so that strikes me as rhetoric. >> shannon: and to the cbo, the white house on the case said that to the cbo has gotten a lot wrong before, we know they were off by millions with obamacare, they they were off on medicaid, how much faith you put in them, knowing how much they were off before? >> well, i think the first thing that they came out with was from secretary price, which said that he viewed this bill as a step forward. and i think the important thing is again, it's not whether it is 22 million or 18 million, no one can predict the future, i think that the cbo gets it right, a lot of people are going to lose coverage, that is not good, deductibles are going to skyrocket, that is not good, into the reason they will lose coverage is not because of their choice, the reason that they would lose coverage if you look at the cbo report and also any independent report, low income people are not going to buy policies that increase in cost as much as these increases paired with tax credits going away, you end up with people not being able to buy coverage, unless they are sick. so this isn't good for the risk will, it is not a good policy, it is a little half-baked, i wish that people like doug and others who were involved in the open hearings, so they could give their point of view, we would have a much better bill. so we have to take a step back and realize that we tried to row something through, the math doesn't work that great, and we should get a wide array of opinions. >> shannon: not sure that is going to happen before friday. thank you both for weighing in. good to hear from you both. still ahead, senator bernie sanders, and his wife lawyering up after they become the subjects of an fbi investigation in bank fraud. karl rove is here to react. i can't wait to see what he has to say about this, plus a college professor is a vile rant against the elites auto warm beer. does nasa have evidence that aliens exist? that is all next. ♪ >> shannon: to some other stories making news to an end, the university of delaware dele argues that otto warmbier, who died in north korea, got exactly what he deserved. she calls him a spoiled, naive college students who never had to face the consequences of his actions. the post has been deleted, apparently along with her career. it tonight, he has been called the most radioactive men in washington, at the center of the russia probe leaving d.c. for good, the kremlin's top diplomats will be out of washington. and finally, aliens really do exist. at least that is what lanes of people thought, the whole thing was a hoax, it all started last week when anonymous released a video, teasing the big announcement. nasa officials were forced to deny the report earlier today. >> the billionaire class, you know what? your greed is destroying this country. and you know why? we are going to take you on. >> maybe we should look at why the rich are getting much richer, the power of wall street, maybe we should try to create an economy that works for all, rather than just a few. >> who are we kidding? the business model of wall street is fraud. that's what it is. >> shannon: those are just a few examples of language senator bernie sanders has used over the last last years. taking on the entrenched wall street classes, but now in an ironic twist, sanders and his wife are reportedly under federal investigation for bank fraud. investigators looking into whether gina sanders falsified documents while in charge of a college fund. and whether he may have used his political influence to help her. here is the senator dismissing the charges last month. >> this implication came from donald's campaign manager. let me leave it at that because i cannot say anything more. >> it is nonsense. now that there is a process going on, which was initiated by trump's campaign manager, somebody who does this all of the time, it it would be improper at this point for me to have any more to say. >> shannon: joining me now, former deputy chief of staff for george w. bush, karl rove. good evening. everyone is innocent until proven guilty, but i would like you to weigh in on what many people think is very interesting. >> well, it sounds a little sneaky. in 2004, mrs. sanders takes over a very small college in burlington, 2006, she announces with 156 students in the college, that she is going to undertake a $6 million effort to grow the campus, while it never materializes, she gets in a battle with the faculty, some of the faculty members leave, by 2010, she announces that she's going to move the college from downtown burlington 2:30 3 acres right on the lakefront, north of town, that she
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