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focus on the loss of the justice and her enduring legacy. jedediah: overnight, hundreds gathered at the steps of the supreme court to mourn justice ginsburg. house speaker nancy pelosi has ordered flags to fly at half-staff at the u.s. capitol. shannon bream has more on her remarkable life and the legacy she leaves behind. >> i, ruth bader ginsburg, do solemnly swear. >> she might have seemed small in stature as the second woman to be nominated to the u.s. supreme court, ruth bader ginsburg was a trailblazer for women's rights and a champion for civil liberties. ginsburg was born ruth joan bader on march 15th, 1933. in a working class neighborhood in brooklyn, new york. the daughter of nathan and celia bay der. ginsburg's mother died when she was just 17, the day before she graduated from high school. >> it was one of the most trying times in my life. but i knew that she wanted me to study hard and get good grades and succeed in life. so, that's what i did. >> she finished first in her class at cornell university where she met and married martin ginsburg an aspiring lawyer and, quote, the first boy i dated who cared that i had a brain. like her husband, ginsburg pursued a law degree and enrolled in harvard daughter jane columbia law school where she graduated in the top of her class. she stayed in the world of academia and while at rutgers university she gave birth to son james. she soon left rutgers to become the school's first tenured law professor. she described the 1970 as a time for women's rights. >> i was fantastically lucky to be born when i was and to be in the right place to help advance this movement for women's equality. >> she went on to create the american civil liberties union's women's rights project and as general counsel for the aclu, ginsburg began appearing before the supreme court. she argued six cases for women's rights before president jimmy carter nominated her to serve on the u.s. court of appeals for the d.c. circuit. then in 1993, president bill clinton nominated her to the nation's highest court. she was only the second woman to serve on the supreme court and the first judicial woman. >> what a long way we have come in this nation. >> after a series of hearings, the senate confirmed ginsburg to the post by a vote of 96-3. >> and ruth bader ginsburg i believe the nation is getting a justice who will be a guardian of liberty for all americans and ensurer of equal justice under the law. >> known to lean left of center and caution restraint in her decisions. while she never claimed to have a favorite opinion. >> my favorite opinion is a little bit like asking me which of my four grand children. [laughter] >> ginsburg said the ruling in the virginia military institute case which predicted the state from operating an all-male institution with taxpayer dollars gave her tremendous satisfaction. >> that was a very satisfying opinion for me to write. >> and her dissent in ledbetter v. good year tire was a precursor for the ledbetter fair pay act which congress passed into law in 2009 to addressed a perceived pay gap between men and women. she suffered losses, too. in an interview with new republic she said if she could overrule one decision it would be the 2010 citizens united rule chicago allowed corporations and unions to financially support candidates running for office. ginsburg said, quote: i think the notion that we have all the democracy that money can buy strays so far from what our democracy is supposed to be so that's number one on my list. >> in her personal life ginsburg battled four separate cancer diagnoses. in 1999 it was colon cancer. a decade later pancreatic cancer, in 2018 she underwent lung cancer surgery and in 2020 she announced she was undergoing chemotherapy for liver cancer. >> my colleagues so rallied around me and made it possible for me to go on and not miss a day in court. >> outside of court, ginsburg loved opera, a passion she shared with conservative justice antonin scalia and was famously sara nateed by domingo in 2011 where she earned honoree degree she worked out twice a week with her trainer. >> my father came to the united states when he was 13. and he came from a small town outside owe des. is a she was also very proud of her jewish heritage and advances made for american jew us. >> for some years, jews were careful about things who they were, but today you can say it openly and with pride will. that's, i think, something i witnessed in my own lifespan. >> and throughout her life, she remains an optimist. >> we still have a way to go to ensure that all people in our land enjoy the equal protection of the laws. but considering how far we have come, there is good cause for optimism about our country's future. jedediah: justice ginsburg was extraordinary woman with extraordinary list of accomplishments. she faced many odds throughout her career. she battled sexism of her own when she was rising in her own career. and she wanted a better life and better opportunities for women of future generations so she paved the way for so many women when it came to issues of equal pay, when it came to opportunities that they would have in the workplace and beyond. she battled discrimination of all kinds. she was also a pop culture icon which is not always common for a supreme court justice. she was referred to as the notorious rbg at one point. i know everyone looked at those workout videos at some point i think bret baier our colleague had posted a photo on instagram with her with weights at one point. it was so inspirational. she was a fighter and she fought for what she believed in. empowering people everywhere to do the same. battled cancer as we said four times. no small task. missed so few days at the court. and really a tribute to not only the personal dream. this is a woman who came from brooklyn, new york from lower middle class upbringing but really just empowered everyone to say you can stand up. you can fight. you can battle the odds. and you can succeed. a great message that so many need right now and our thoughts and prayers go out to her family. this is a great loss for the country. will: jedediah it strikes me that ruth bader ginsburg was not only a trailblazer as an individual but the leadership of the relationship she had with justice antonin scalia showed you can be totally ideologically opposed to someone and, yet, not just be cordial but friendly close with someone you disagree with it's the type of relationship we need in a divided country. here we are on the precipice we are divided issues hot next supreme court justice nominee. president trump has put published a list of his potential nominees. here have a few examples of the potential candidates on president trump's list. you have senator tom cotton. senator ted cruz. senator josh hawley as well as judge amy coney barrett from the u.s. 7th circuit of appeals. daniel cammeron from kentucky. paul clement famous u.s. slitter general and noel francisco the question becomes. when does this get done before the election? pete: we all want to pause for a moment. you don't want to get political right away but that's unavoidable at the moment we are at right now. can you both recognize that ruth bader ginsburg was a trailblazer no doubt. she fought real discrimination against women to get where she is. you have to respect that while disagreeing with probably in my opinion. most of every opinion she has ever given can you recognize and give respect for that. we look to the future. and michigan mcconnell ixd indicated we got reports last night he is going to move this in the senate right away. feels like if the president's party is in control of the senate this can happen right away. this is a big one, guys. for real. not that it wasn't big before. but with gulch you were replacing scalia which is a effective live one for one. conservative for conservative. kavanaugh replacing kennedy who was nominated by a republican but had become the swing vote. with this you have a conservative the people you just listed will, conservatives replacing a die hard leftist on the court amy cohen barrett top much the list female to replace a female potentially. we will see where this goes. this will go almost straight to the discussion of you who the senate handles it with big 2020 implications just unfolding right now. jedediah: and it's going to get ugly. we have to be honest about that. pete: big time. jedediah: garland will be brought up. and the fact that he didn't get a floor vote will be brought up. >> are the republicans saying something different this time around because it benefits them? that conversation will be brought up. and the court, you remember, president trump won last time largely because of the supreme court. many people said well, i don't know how i feel about trump but the supreme court picks are really pivotal. now this places the court front and center as part of this debate and also puts a little bit of pressure -- a lot of pressure, actually, on joe biden to release some of those names and tell us what is he thinking about when it comes to picks. let's take a look at a flashback spot from joe biden. he actually promised to release a name of black women he could nominate to the court. take a listen. updated list of no. knees. you had said you would put a black woman there are groupings calling for you to release a list of specific names are you going to do that? >> one thing i hesitate to do is follow anything the president does at all because he usually does it all wrong. i have -- we are putting together a list of a group of african-american women who have qualified and experienced to be in the court. i am not going to release that until we go further down the line of vetting them as well. jedediah: yeah. that's from june 30th. he should release them. you should be proud of the individuals that you would like to sit on the court. these are very press tinge just decisions. these are lifetime appointments. you should be proud of those decisions. he should put that front and center in the name of transparency as people are making a really big decision right now. we are very close to election time. this is a key important issue. give people the information that they wants and let them make that choice. will: yeah, jed, it strikes me when our politics are absolutely taken over by identity what groups you belong at superficial levels. the supreme court is a place that absolutely should prioritize your mind and your character. i hope whoever the next president is, i hope whatever list that is put out, prioritizes someone's legal judgment over whatever groups they might belong. to say. pete: give me the best person. man, woman, black, white, whoever it is to serve on the supreme court. it's all on the line. it's really just liberty. second amendment. immigration. pro-life. that's why this will be such a big battle. 44, 45 days until the election. in fact, people are voting right now in some states early. all right. up next, investigation in the ivy league. the education department probing princeton university rightfully so after the school's president said it is embedded in racism. the follow up on that coming up next. ahhhhhhh eat like an animal. devour. eat like an animal. keeping your oysters growing while keeping your business growing has you swamped. 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is this for real? is it for show? is this investigation going to turn up something, tiana? >> so, sources familiar with the investigation tell me it is not politically motivated. i mean, obviously, this is devos sending a very clear signal that words mean things. if you are going to go on a public flatulation tour to score points. the civil rights act the department to investigate cases where universities mishandled sexual misconduct. if a university says we throw away rape allegations they would be investigated in two and a half seconds. this is a new president, sure, but it's one that is kind of justified. i mean, consider, if you are saying that racism it's not that it happens at princeton but it is embedded in the university, the department argues that they are legally obliged to investigate it under title 6 of the civil rights act. very similar to investigating sexual misconduct. will: jonah goalberg fox news contributor if mcdonald's said their burgers were rife with salmonella you might want the usda to look into that. princeton says they are right with racism and here comes the department of education with an investigation. they are saying based on the admitted racism the usdoe prince concerned equal assurances in program participation agreements from at least 2013 to present may have been false. so, in other words, tee anna, help me understand, they have been telling the doe, no racism here. and now they are saying publicly no, there is racism. i'm curious, what could the doe find in an investigation then? >> so, mind you, princeton has a $26 billion endowment and the u.s. taxpayers are giving them tens of millions of dollars. this is not mcdonald's where you go willingly as a consumer. we are giving them this money. what could turn up? they are looking for records requests with regards to the his industry of this letter, staffing discrimination, because, mind you, there was an open letter from hundreds of members of faculty arguing that princeton needs more racial quotas. what i think actually could turn up would be similar to harvard. a lot of these ayey league universities actively discriminate against asian-american applicants in there their selection processes. it would be interesting to see if anything turns up on that front. will: i can't imagine this is what the president of princeton intended when he said that out loud. thank you for your time this morning. >> thank you for having me. will: all right. still ahead we continue to remember ruth bader ginsburg with the son of late justice antonin scalia. chris scalia joins us live coming up next. plus, mail-in ballot rulings in swing states across the country threatening to push the election way past november 3rd. former u.s. attorney general matt whitaker breaks down what could play out next. we also made usaa for military spouses and their kids become a member. get an insurance quote today. today's discussion will be around sliced meat. moms want healthy... and affordable. land o' frost premium!!! no added hormones either. it's the only protein i've really melted with. land o' frost premium. fresh look. same great taste. i'm a talking dog. the other issue. oh...i'm scratching like crazy. you've got some allergic itch with skin inflammation. apoquel can work on that itch in as little as 4 hours, whether it's a new or chronic problem. and apoquel's treated over 8 million dogs. nice. and...the talking dog thing? 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>> well, obviously, the first thing we need to do is, you know, my thoughts and prayers go to her family, you know, this is obviously an icon on the supreme court. someone that, whether you agree with her rulings or not, you understand how powerful of which she was. i think i agree with you earlier, which is, you know, we have to obviously take a minute to appreciate her legacy and what a warrior she was against cancer before we jump right into the politics. that is the nature of this town and what we deal with in today's hyper partisan situation. pete: yeah, it is. i think everyone is trying to be careful about understanding that legacy and recognizing it and here we are also with a senate 45 days white house controlled by a republican. when you look at lists and names, is there anything that jumps out at you as a replacement? >> well, there is some really impressive people on the list. i think, you know, one of the things that's very interesting to me there is some elected officials who have actually are going to be stealth candidates if they are nominated. we know where they stand on a lot of these important issues. several of these individuals i have served with. you know, in the department of justice. noel francisco comes to mind steve angle. very impressive lawyers. obviously paul collette is a very impressive lawyer. there are some senators on there that are smart and well-qualified. and then there are some current judges who are also very impressive as well. and so, you know, i look at this list that the -- the two list that the president has proposed and i see many people who are well-qualified who would be good on the court. and i expect that the president just like 2016, you know, when the shoe was on the other foot in 2015 with obama, biden that he will nominate and the senate will consider and confirm a new justifiable. pete: matt, real quick, before another topic. do you anticipate a name announce this week? will this happen in realtime? >> i don't know. you know, the president i'm sure is weighing all of this and listening to his advisors. this president has never been afraid to do his job. and his constitutional prerogative, which is to nominate someone. i think you will see a process be propped up very quickly to put a name forward. pete: all right. we will follow it. we have got to get your take on this. ballots. when ballots are counted will be a huge part of 2020. a judge ruled recently in michigan that ballots postmarked by november 2nd must be counted in the election and that's up to two weeks after the polls close. in pennsylvania the supreme court sided with democrats on absentee ballot deadlines and drop boxes meaning if it is put in by election day it has to be counted by november 6th. so we are talking two weeks november 6th in two key swing states. what impact does this have on election night? >> it has a significant impact because ultimately, what both courts in michigan and pennsylvania found is that votes that would have otherwise been deemed ineligible are now going to be counted. the problem is that the legislatures in both states passed rules as to when the ballots should be counted you and now we have courts stepping in and changing ultimately the will of the people. i think this is a very dangerous path we are going to go down. it highlights how important judges and courts are in the -- in really, you know, our votes being counted. pete: matt, i look at michigan, two weeks. so this is the kind of thing where we are going to be not just talking about recounts or who we are waiting and waiting and waiting until every ballot is counted. what's the implication for our republic? >> well, there is significant implications. we are all used to going to bed oftentimes on the night of the election except in 2,000 with bush-gore knowing the result and hot next president is. and in this case, because of these extended timelines and because of the question about what is an eligible vote and what is the deadline, i think we are going to have a lot of disputes and ultimately our system can handle this, but i think a lot of people are going to be very frustrated with the amount of time it's going to take in some of these states to declare a winner. pete: really opens up the door for plentsd of controversy and congrats your iowa hawkeyes will be playing football games. >> i'm looking forward to it. pete: matt, thank you for your time. >> thank you. pete: unlikely bond ruth bader ginsburg and antonin scalia were good friends despite political opinions chris scalia what what we can learn from their friendship. >> have you both been good buddies for a long time now. when did you meet and what were the circumstances? >> i bet he doesn't know. [laughter] >> we agree on a whole lot of stuff. ruth is really bad only on the knee jerk stuff. [laughter] >> i was listening to him and disagreeing with a good part of what he said but thought he said it in an an absolutely captivating way. >> i think we should leave it at that. jedediah: an unlikely friendship as we remember ruth bader ginsburg. we remember her ability to reach across the aisle as seen in the relationship with the late justice antonin scalia. pete: justifiable ginsburg referred to justice scalia as good buddy. good morning, chris. >> good morning. how are you? >> we are very good. we would love for you to tell us a little more about this relationship between the two. what strikes me, chris, they were authentically who they were. they didn't water down their beliefs or their ideology or compromise for each other unnecessarily and, yet, could still be friends. >> i think that's exactly right. that's one of the most impressive things about their friendship is that they held very strong, very different views. they wrote opinions that disagreed with each other's opinions and they didn't pull any punches in those opinions but they never let those strong deeply held beliefs get in the way of their friendship. they didn't compromise those beliefs for each other. but they didn't let it disrupt their relationship. boy, i hadn't heard some of that footage you just played. that's hilarious stuff. and i have to say that's one of the reasons they got along so well. they had some things in common, absolutely. but they cracked each other up. and justice ginsburg once, i think more than once said that when they were -- they used to be on a court together before the supreme court and they sat next to each other and my dad use to whisper jokes to her. she would have to pinch herself so she didn't audibly laugh and kind of disrupt the courtroom. jedediah: you know, chris, i was watching that footage as you were. i have a big smile across my face because it's just so beautiful especially right now. the country is so divided and you look at social media. i mean it, seems like people who have differing views can't even sit and have a conversation anymore. and then you see this beautiful friendship between two people who didn't see things the same way. very often on really important issues. and managed to have a friendship. so, what do you say to people who are struggling with that right now in the country. how can they look to that relationship and learn from it and grow from it? >> i think it's important to recognize well, let me first start with the story. a former clerk of my father relates a story where he was visiting my dad towards the end of my father's life at the supreme court. and it was justice ginsburg's birthday. this is judge jeffrey sutton the sixth circuit. and my dad had bought justice ginsburg two dozen roses. and judge sutton started teasing my dad saying why are you doing that? what good is that going to do? when is the last time she ever sided with you on an important 5-4 decision? judge sutton was joking around. but my father took the bait and said some things are more important than votes. and i think that kind of captures their friendship and it's something we can all remember again the point isn't that they compromised their beliefs for each other but they held on to those beliefs but did not let it disrupts their -- did not let them disrupt their relationship. and i think that -- it seems like a remarkable -- it was a remarkable friendship in a lot of ways because they were such high profile figures, but i think that most of us have friendships like that. maybe not as deep of friendship. certainly not as high profile of friendship. we'll find ways to love people who don't believe the same things. and think that ability is really going to be tested over the next few months. it's been a tense year already. pete: chris, very much so. chris, correct me if i am wrong, i think your father was approved 98-0. am i right about that? >> that's correct. and the two senators who were gone didn't vote that day probably would have voted for him, too. pete: 98-0. ruth bader ginsburg 96-3. are we looking at a by gone era in the court. of course no matter who is nominated will be contentious down to the last vote. when we watch this friendship. when we watch that is there reason to be hopeful or are we destined for no matter what absolute gridlock and vitriol? >> well, i like to think that there is a possibility of change. i think -- i don't think it's going to happen in the near future. but i think it will take some changes in how the way the court operates but, also, in how the executives and legislative branches operate as well. but i think that's probably a long term goal that we should strive for. will: we are headed for a very divided time that relationship though is a ray of light it. might be in the rear view mirror hopefully not but it is a ray of light. chris, thank you for jumping on and sharing the details of that relationship. thank you. >> my pleasurable. will: turning now to your headlines, georgia police arrest five men for allegedly setting a police suv on fire after a peaceful protest. the men are facing federal charges. police say the group torched this gainsville police vehicle in june. the police commissioner condemning the violence saying is he thankful the suspects are being brought to justice. and a west virginia professor is suspended for saying she hopes all trump supporters die from covid-19. >> i said to somebody i hope they all die before the election. that's the only saving hope i have right now. will: insanity. marshall university biology professor jennifer made those remarks during a virtual class. she is on administrative leave. the school says it has launch you had the investigation in mosier's quote overtly political statements. i suggest that's even more that be political. the newest ram pickup truck is honoring the u.s. air force ram unveiling its latest built to serve truck to celebrate the 73rd anniversary of the u.s. air force. it comes with the american flag decals on the seats. and velcro for people to place their own military patches. the truck also includes tires, heavy duty shocks. it's the third of five trucks paying contributes to the armed forces. and those are your headlines. jedediah? jedediah: i always thought if i bought a truck it would be an f-150 but ram is making a hard play there. will: you don't have a truck? pete: i don't. will: that's embarrassing. jedediah: that's surprising news to me hegseth that you don't have a truck: you need to work on that. pete: i do. jedediah: rick reichmuth, do you have a truck and are you surprised that pete does not? rick: i didn't even have a car until about three months ago. [laughter] any have any mode of transportation other than the subway which is not the best place to be nowadays. and yeah i think that they made that truck thinking pete hegseth is our first customer for this one. pete: send me one. rick: no way you are not going for that a lookout going on in weather. first of all, take a look at these temperatures. huge cooldown across the great lakes. across the northeast. we have temps that have dropped feels like fall. you noticed it when you got outside this morning. if you have gotten outside yet. this right here is the newest tropical storm. so sings we talked last week, we have had a land falling category 2 storm in the gulf and parts of florida and alabama. take a look at all this moisture. this is now tropical storm bait attachment we have gone through all of our names in the alphabet. now we are onto the greek alphabet. it's only happened one other time in 2005. this is a lot of moisture streaming into louisiana. august 24th. almost four weeks ago we had the cat four hurricane that made its way in landfall in southwestern, louisiana. and still people are really struggling in that area. especially around the lake charles area. now they have got moisture here. we have a storm that is going to continue to pull off towards the west. it's going to be with us for probably about the next week we will be talking about this likely guys, next weekend still somewhere here across the western central gulf unfortunately. there you go hurricane season still here. >> rick, thank you very much. prevent it. still ahead. remembering ruth bader ginsburg. white house press secretary kayleigh mcenany joining us live coming up. but first president trump and joe biden campaigning in minnesota. looking to win the unlikely battle ground state. senate candidate jason lewis was with the president yesterday. he joins us live next. ♪ i saw the sign ♪ it opened up my eyes ♪ i saw the sign ♪ life has been maddening ♪ without understanding ♪ ♪ here's to the duers. to all the people who realize they can du more with less asthma thanks to dupixent, the add-on treatment for specific types of moderate-to-severe asthma. dupixent isn't for sudden breathing problems. it can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. it's not a steroid but can help reduce or eliminate oral steroids. dupixent can cause serious allergic reactions including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection and don't change or stop your asthma treatments, including steroids, without talking to your doctor. are you ready to du more with less asthma? talk to your asthma specialist about dupixent. if your financial situation has changed, we may be able to help. if your financial situation has changed, some companies still have hr stuck between employeesentering data.a. changing data. more and more sensitive, personal data. and it doesn't just drag hr down. it drags the entire business down -- with inefficiency, errors and waste. it's ridiculous. so ridiculous. with paycom, employees enter and manage their own data in a single, easy to use software. visit paycom.com, and schedule your demo today. the freestyle libre 14 managday system...etes can be hard. - a continuous glucose monitor - ...makes it easy. easy to check your glucose without fingersticks, and easy to share your data with your doctor. and for those who qualify, the freestyle libre 14 day system, is also covered by medicare. ask your doctor for a prescription. you can do it without fingersticks. learn more at freestylelibre.us >> with just 45 days until the election president trump and joe biden are turning their attention to minnesota. in the midst of this crises president trump is giving up pretending to do his job. >> sleepy joe will turn minnesota into a refugee camp. >> have the job of being president. he doesn't have a clue. >> for years president apologize. and now a president standing up for america and standing up for minnesota. [cheers] >> minnesota republican senate candidate jason lewis was on stage with the president last night. >> and jason joins us now to react. jason, welcome. getting close to election day here. anyone society key race to watch. we know last time around a president narrowly lost. we are looking at 1.5 percentage points. that's really really small. so what do you think this time around? >> well, look, i'm in beautiful minnesota and this is where the president arrived yesterday to a roaring crowd and it's all about greater minnesota. it's a microcosm of the entire nation as the urban corps becomes radicalized the rest of the states going red. that's why the president was here for the first time i believe in a presidential visit ever in minnesota. so, even paul bunion was impressed. will: paul bunyan fame mullsly there. jason, thanks for being here. always. people don't know. you were a long time radio talk show host in minnesota. minnesota's mr. right i grew up listening to your radio program half of my education for better or worse. what is it about the climate today that puts minnesota in play and makes president trump's message resonate so much there. >> as i say i think the left has been radicalized. you had a segment a minute ago about somebody saying trump supporters should die before the election. i don't think ruth bader ginsburg or antonin scalia would ever utter those warts. that inel civility on the part of the left. the riots, the mobs and frankly the eternal lockdowns has hurt minnesota and the suburbs. people want to engage in commerce. go to church, assemble and go to backyard barbecue and told they can't. then al all of a sudden lootersd criminals get off free. they abandon the third precinct. look around and say the first duty of government is to protect life liberty and property. they are not doing that we have to find someone who. will certainly the president fills that role and so do i. that's why minnesota is in play. a series of polls has this race in a statistical margin of error. it's a time let's be honest about this. and enthusiasm gap around minnesota where i am it's amazing and palpable. you had thousands of people in a small town last night and i think joe biden had a good crowd of six or seven. will: those polls, jason, that's actually what i want to ask you about. put your finger on the pulse of the state. minnesota is at the center point of so many issues in this country that are being debated law and order. middle class economics. i want to show you the real clear politics poll average right now it shows biden at 57 and trump at 41. what do you make of that? >> yeah. man, i think that's a bad media narrative. polls are narrative instead of reflecting the reality. morning consult. emerson college. our internal poll has the race within up with a pell of points. rasmussen has the president up. depends on the methodology of the poll. i believe hillary clinton was up by 11 in 2016 and came down to 44,000 votes, a point. i don't know how many times these polsters can be wrong but they are starting to make the weather men look accurate. but they are usually the narrative, folks. you get a liberal outfit. they take a poll. then they push of the poll and say see, fry to demoralize people or do something along those lines. pete: yeah. jedediah: wow, thanks so much for being here, jason. next few weeks interesting to say least. >> can i guarantee you. keep your eye on minnesota. pete: for sure. jedediah: we sure will. districts are pouring in from around the world for justifiable ruth bader ginsburg. we are going to bring you some of those. but, first, an entire neighborhood lighting up blue to show support for law enforcement. we have got the heart-warming story from huntsville coming up next. bottom line is, mom's love that land o' frost premium sliced meats have no by-products. 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(voice from phone) hey, baloney here. i thought this was a no by-products call? land o' frost premium. fresh look. same great taste. west plea 60 third shift officers received unusual call last night a call definitely unexpected, an entire neighborhood showing their support for law enforcement. thank you. joining me now is officer chadwick campbell and captain michael johnson from the huntsville police department along with huntsville resident randy phillips and barbara behl. welcome to all of you. this is uplifting amazing story. officer campbell, i will start with you. what was it like to seat neighborhood lit up in blue for all of you? >> amazing view. just to see all of the lights together as the neighborhoods came together and support us. >> captain, how did you find out about this? did you get a call to come to the area? >> so, i manage the social media pages for the department. our third shift supervisor i woke up and he had sent us photos and he sent me a little detail about what happened and i just posted it. thought it was great. and within about 24 hours, i had a couple thousand likes which was really unusual in that short amount of time. a couple more days go by and on admin side i can see how many views several million views in just a few days. jedediah: yeah, it's beautiful' and so uplifting to see. brandi, i have to ask. how did you organize all of this for the neighborhood? >> so, one night i was watching fox news and i had seen a nevada neighborhood that lit up their neighborhood blue. i thought we could do this. so got with my neighbors, bought some blue lights. we all come together and we lit it up blue. jedediah: it looks amazing. barbara, what has it meant for you to be part of this endeavor? >> it's been humbling experience just to know that a little blue bulb can mean so much to so many people. it's been great. and a lot of fun. a lot of fun. jedediah: final thoughts from you, officer chadwick on just what this means? what people can learn from this across the country right now? >> well, people can learn that it's very positive thing to come together just to have everybody just come together and camaraderie. and and it was a great experience. sorry. i want to thank you all for being here. inspired many across the nation. beautiful to see. we appreciate you being here this saturday morning with us. thank you so much. >> thank you. >> thank you for having us. jedediah: we have a big show still ahead as we remember justice ruth bader ginsburg. evander holyfield, lara logan judge andrew napolitano and kayleigh mcenany join us next. he only comes out for devour. look how he rips into that buffalo chicken mac and cheese. eat like an animal. devour. keeping your oysters busihas you swamped. you need to hire. i need indeed indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base claim your seventy-five-dollar credit when you post your first job at indeed.com/promo car vending machines and buying a car 100% online.vented now we've created a brand new way for you to sell your car. whether it's a year old or a few years old, we want to buy your car. so go to carvana and enter your license plate, answer a few questions, and our techno-wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot, and pick up your car. that's it. so ditch the old way of selling your car, and say hello to the new way-- at carvana. i have the power to lower my blood sugar and a1c. because i can still make my own insulin. and trulicity activates my body to release it like it's supposed to. once-weekly trulicity is for type 2 diabetes. it's not insulin. it starts acting from the first dose. and it lowers risk of heart attack, stroke, or death in people with known heart disease or multiple risk factors. trulicity isn't for people with type 1 diabetes or diabetic ketoacidosis. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy. serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin raises low blood sugar risk. side effects include nausea, diarrhea, vomiting, belly pain, and decreased appetite, which lead to dehydration and may worsen kidney problems. we're committed to helping ensure trulicity is available and affordable. learn more at trulicity.com. will: we begin with a first alert. the nation mourning the loss of ruth bader ginsburg. pete: the long time liberal justice passed away after battling breast cancer at the agbattlepancreatic cancer: >> people have been coming by all-morning long to pay their respect to the late justice. the supreme court announcing her passing late friday and leaders from both parties and everyday americans offering that personal tribute in her honor. justice ginsburg was born in brooklyn and graduated from columbia law school in 1959. instrumental in launching the civil rights project for the american civil liberties. while she made history before the supreme court many will remember her legacy before being on the bench. she was nominated in 1993. in a statement overnight the former president said her 27 years on the court exceeded highest expectations. late friday we also heard from primp and his 2020 rival joe biden. >> she led an amazing life. what else can you say? she was an amazing woman, whether you agreed or not, she was an amazing woman who led an amazing life. >> in the coming days, we should focus on the loss of the justice and her enduring legacy. >> within hours of the news of her passing, people have been dropping off cards, flowers and candles on the steps of the court. makeshift memorial off the steps. still waiting for the memorials and tributes happening in the coming days. private interment will happen at arlington cemetery. as can you imagine pete, jed and will so many americans will be touched by not only the news that has happened but also the legacy that she is going to leave behind. i have been amazed how many people have been coming by hundreds last night and even more this morning. back to you. will: thank you so much. no doubt that many should and will celebrated the life of ruth bader ginsburg. unfortunately in a very divided nation, we will turn to one of the most divisive issues and that is who will replace her. but in that divided time. i truly believe there is some inspiration. some ray of hope in the relationship that ginsburg maintained with her ideological opposite. justifiable antonin scalia. a relationship neither compromised what they believed and who they were and yet deep friends. we asked justice scalia's son about that relationship a little bit earlier on fox and friends. listen. >> one of the most impressive things about their friendship is that they held very strong, very different views. they wrote opinions that disagrees with each other's opinions and they didn't pull any punches in those opinions. but, they never let those strong, deeply held beliefs get in the way of their friendship. they didn't compromise those beliefs for each other but they didn't let it disrupt their relationship. most of us have friendships like that. maybe not as deep of friendship. certainly not as high profile of friendship. we find ways to love people who don't believe the same things. will: that will be something we will all do well to remember as we turn now to one of the most divisive issues in this country. that is who will be the next supreme court justice. i would remind you jed, i would real mind you, pete, that during justice kavanaugh's confirmation process we hit new lows. lows i expect we will exceed in this next nomination process. who will be the nominee we will get to, but when will the nominee come is the first debate. and that is whether or not mitch mcconnell and president trump will make that nomination before this election. the precedent is there. there have been many supreme court justices, jedediah, who have been nominated and confirmed in election years even during lame duck sessions and i would suspect that's what we'll see from mcconnell and trump. jedediah: yeah. politics is about to get really really ugly. we have to be honest about that when it comes to the supreme court, obviously the debate is always quite vigorous as these are lifetime appointments and big decisions are made there. we're in the heat of an elections seasonal. you can expect that joe biden would be weighing in and right now he is coming out and saying that voters need to wait. they need to pick their president and then the president should pick the justifiable. this is him on friday. take a listen. >> let me be clear, that the voters should pick the president and the president should pick the justice for the senate to consider. this was the position of republican senate took in 2016 when there were almost 10 months to go before the election. that's the position the united states senate must take today and so they should do this with full consideration and that is my hope and expectation what will happen. jedediah: yeah, what he is referring to there is obviously the issue of merrick garland who was nominated by president obama at the time and the senate republicans refused to hold a floor vote. i thought that was a mistake at the time for the very reason that we are seeing now that now they are going to have to defend the very opposite decision when it comes to president trump's nomination. i'm sure he will nominate someone and the question will become is it too soon to the next election we are 45 days away. is it a responsible decision to do it now? that will be heavily debated as well as the choices that president trump releases and potentially the picks that joe biden will release. hopefully there will be transparency on that end and people get insight who he would like to sit on the court if he were making the decision. pete: mitch mcconnell made it clear his belief, his rule is if the senate is the same party as the president in an election year, then you move forward. if not, the senate has the prerogative to hold it up. elections have consequences with political power comes responsibility. and i think you will see quickly, my sense is you will see very quickly a nomination to move forward in the next couple of days, potentially. and here's the thing. we reflect on what antonin scalia's son said about their friendship. and we should take this moment to appreciate the trailblazer that was ruth bader ginsburg. no doubt. fighting through legitimate discrimination against women in these positions and she made her way and opened the door for so many wonderful women. in fact, amy connie barrett the frontrunner to be nominated by president trump. this will be a 51, 50. maybe even the vice president casting the deciding vote because everything is on the table. religious liberty. the second amendment. immigration. certainly pro-life. roe v. wade for people who supported and voted for this president, they fought potentially two, maybe three in a second term maybe four supreme court justices the difference with this one with gulch he was replacing scalia. conservative for a conservative. with kavanaugh replacing kennedy who had become a swing vote but had been nominated by a republican. with this pick, you are replacing the liberal leftist icon of the supreme court with a pick by donald trump. this entire election has just been reshuffled. -- i mean, 2020 brought us more 2020. and this will be as raucous a debate as you can imagine with mitch mcconnell and president donald trump at the center. and you talk about how it happens fast? well, last night, the former nominee for the democrats, hillary clinton, called in to msnbc and that urgent to rachel maddow's show. here's what she said about this development. >> the democrats who are in the senate will have to use every single possible maneuver that is available to them to make is it clear that they are not going to permit mitch mcconnell to enact the greatest travesty the monument to hypocrisy that would arise from him attempting to fill this position. i don't want to see that legacy ripped up by political hypocrisy coming from mitch mcconnell. pete: will, she says every single possible maneuver. the filibuster on lower court judges removed by democrats. supreme court justices removed by republicans. if the filibuster is gone and votes aren't there, i'm not sure what that looks like. will: let me make a couple of points here first of all the stakes politically. the stakes for the country are incredibly high. for a supreme court to swing from 5 to 4 to 6 to 3 for the next two decades the stake could say not be higher. that's why everyone right, left, democrat, republican, will go to the mattresses in this fight. pete: exactly right. will: second, jedediah, you brought up precedent. you heard hillary clinton say it there when it comes to hypocrisy it. is not hypocritical. at the time as you pointed out, pete, mitch mcconnell said it's when the senate is in the opposition party to the president that you can hold up a nomination in an election year. when the president and the senate are of the same party, you move forward with the nomination. it is not hypocrisy. i would say last two things. this nomination cannot be held up because we believe there will be a bad reaction from the opposition. that is black male that sex torsion. do what is right for the country. if the stakes are that high it's right to move forward with the nomination. how it effects the election, that's anybody's guess. and it will effect elections out there from the president to senate races across this country, jedediah. jedediah: yeah, i think will absolutely effect the election. if you look at the election polling in the last election in 2016, many people came out and said the supreme court is the chief reason they voted for donald trump because they had concerns about who hillary clinton's picks would be. so putting this front and center now and making this debate be on par with law and order, with the violence you see emerging around the country, this will be interesting to watch. and i will agree with you, will, in some respects that when you talk about the hypocrisy the circumstances are different this time around. but when you have 45 days until an election, you will absolutely have people coming out, bringing up merrick garland and absolutely saying it's just too soon. the politics of this election is underway, too intensely. this will become about politics. we must wait until the election to talk about the next supreme court justice. i guarantee you that will be said time and time and time again over the next few weeks. but, we will keep watching it. and certainly be talking about this much morals the weeks unfold. we will turn to some headlines for you now. because preferls are returning to portland overnight after pausing demonstrations for more than a week. jedediah: police declaring unlawful assembly gathering outside the ice building. some facing charges for throwing octobers at police. protests were paused due to poor air quality from the west coast wildfires. and officials assess millions of dollars in damage after hurricane sally slammed the gulf coast earlier this week. the storm making landfall as a category 2 hurricane hitting parts of alabama and florida with severe flooding. hundreds of thousands of people are still without power in florida good samaritans help a pastor clean up his home after seeing his interview on fox news. the giant tree fell on the pastor's home barely missing his children. >> this tree and how massive like it could have went through all went through and auto could have landed on my boys and that would have been i mean, i'm here today, i'm blessed. jedediah: wow, officials say the storm caused nearly $8 million in damage in pensacola alone. and president trump and democratic presidential dom knee joe biden taking jabs at each other while campaigning in minnesota. >> unprecedented national crises. trump has given up on even pretending to do his job. >> sleepy joe will turn minnesota into a refugee camp. think of it, 700 percent increase. so you are not happy now? >> i know how the do the job of being president, it's pretty clear. >> the truth is he is not fit enough to be your president. is he not mentally fit. jedediah: president trump telling voters he planners to keep restrictions on refugees. it comes after biden proposed to raise the president's cap on refugee admissio emission 125,0. making a plea to the carpetser's union emphasizing his plan to boost american manufacturing. and los angeles star albert pujols hits his 651st home run tapping willie mays for fifth on the list. >> that out to left field. this has a chance to get out of here and it does. big fly for albert pujols. 661st of his career. jedediah: pujols connecting on fast ball historic homer before adding his 662nd home run in his next at bat those are your headlines. will: wow. jedediah: prepared to read those headlines. will: good job, jedediah. pete: i was batching that and you got it right. will: we were white nuclearing it for pujols and you nailed the pronunciation. jedediah: thank you. pete: unbelievable. will: still ahead, we are going to continue remember ruth bader ginsburg. white house press secretary kayleigh mcenany joins us live coming up. and with the passing of justice ginsburg congresswoman alexandria ocasio-cortez is telling fellow democrats they need to radicalize. that warning next. ♪ got to keep your head up ♪ oh ♪ and you can head down ♪ you got to keep your head up ♪ that life of the party look walk it off look one more mile look reply all look own your look... ...with fewer lines. there's only one botox® cosmetic. it's the only one... ...fda approved... ...to temporarily make frown lines... ...crow's feet... ...and forehead lines... ...look better. the effects of botox® cosmetic, may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping, and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications including botulinum toxins as these may increase the risk of serious side effects. so, give that just saw a puppy look. and whatever that look is. look like you... with fewer lines. see results at botoxcosmetic.com ♪ as the nation mourns the death of supreme court justice gering ginsburginsburg. wait until after the election. the american people should have a voice in the selection of their next supreme court justice. therefore this vacancy should not be filled until we have a new president. those were the exact words used by senate majority leader mitch mcconnell in 2016 in regards to then president obama's nomination of merrick garland. here to discuss is "washington times" opinion editor and fox news contributor charlie hurt. charlie, good morning, thank you for being here. we will get to the politics in just a moment. i wanted to get your thoughts, your reflection on the passing of justice gering ginsburg a wol move on the basis of sex. you couldn't help come away with a tremendous admiration for ruth bader ginsburg and her intellect and all she accomplished. now, you know, whether or not you thought she belonged on the supreme court given enthusiastic activism both judicially and politically, and i happen to think that she did not belong on the supreme court for those reasons you couldn't help but really admire her and i feel like that movie does capture it. if you haven't seen the movie i recommend watching it. it's a marvelous movie and you will bacwalk away as a tremendon for her for who she was. will: what is coming the political fight over who will replace justice ginsburg. first, let's start with the confirmation itself. if president trump and mitch mcconnell move forward now, before the election with the nomination, how do you think that plays out politically, not just for the president but for senate races across this country? >> well, i think that no matter what happens, i think that those senate races across the country have sudden suddenly become nationalized elections. the issues -- the national issue is far more important than a lot of the local issues. and i think that that generally history shows that generally helps republicans because conservatives they care about the constitution. they care about fidelity of the constitution. and that's what supreme court justices and all federal bench picks are about to conservatives. it's important to remember the president's term is a four-year term. it's not a three-year 8 month term. it's a four year term. he has four months left in his first term. he absolutely has time to pick a successor and the senate absolutely has time to provide their role of advice and consent. the question is whether or not mitch mcconnell will be able to keep all of his republicans to do what it is that the republican president wants to do. and that's an open question. will: charlie, before we go, quickly, i want to ask you how this plays to democrats as well. listen to alexandria ocasio-cortez and what she says about the democratic response should be to this vacancy. listen to this. >> let this moment radicalize you. let this moment really put everything in to stark focus. we have focused on voting for joe biden. i don't care if you like him or not. will: charlie, will this moment motivate the left? will it unify the left? >> i think it will motivate the left. whether or not it motivates him enough, it's hard to say. that clip underscores how much division there is especially between the progressive wing of the party and joe biden. >> charlie hurt, appreciate your time this morning. >> okay. will. >> as we remember ruth bader ginsburg what does the future of the supreme court look like? judge andrew napolitano is here to weigh in. first, is it was 15 years ago, 19 service members were killed in afghanistan. and the widow of one of those fallen heroes joins us live next. ♪ i'm a performer. -always have been. -and always will be. never letting anything get in my way. not the doubts, distractions, or voice in my head. and certainly not arthritis. new voltaren provides powerful arthritis pain relief to help me keep moving. and it can help you too. feel the joy of movement with voltaren. i had moderate-to-severes rheumatoid arthritis. feel the joy of movement i've always been the ringleader had a zest for life. flash forward, then ra kept me from the important things. and what my doctor said surprised me. she said my joint pain could mean permanent joint damage. and enbrel helps relieve joint pain, and helps stop that joint damage. ask about enbrel so you can get back to being your true self. enbrel may lower your ability to fight infections. serious sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores have had hepatitis b, have been treated for heart failure or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit enbrel.com to see how your joint damage could progress. enbrel fda approved for over 20 years. the game doesn't end after a spectacular touchdown grab because there's always another team looking to punch one in. with nfl redzone from nfl network on xfinity, you get every touchdown from every game on sunday afternoons. all season long. watch every breakout star, every heart pounding running attack and every big-time defensive stop. sunday's were made for football on xfinity. that's simple, easy, awesome. add the more sports and entertainment package for nfl redzone. click, call or visit a store today to learn more. >> we are back with a first alert. tributes are pouring in for supreme court justice ruth bader ginsburg. former president bill clinton appointed ginsburg to the supreme court in 18993. the former president remembering ginsburg writing her 27 years on the court exceeded even my highest expectations when i appointed her. and oprah winfrey tweeting overnight we just bowed in prayer at our house for her full and filled life and legacy resting in peace and power. over to you, pete. pete: thank you, jed. 19 service members lost their lives in the mountains of afghanistan. their sacrifice for our nation honored in the film lone survivor. >> red wing ago. >> killed 20 marines last week 20. >> going in with a four man lot more than 10 guys. that's an army. >> navy seal was one of those fallen heros in operation red wings. his widow is now sharing her story in the book it's called a beautiful tragedy. that author and gold star widow joins me now. share, thank you so much for being here. even the title is jarring. a beautiful tragedy. talk to me about your husband. talk to me about this book. >> good morning, pete. thank you for having me and thank you for your service. pete: i appreciate it? >> i was a 29-year-old happily married wife to jacques and in the blink of an eye i became a 29-year-old widow just kind of destroyed my whole life. my future. the thoughts and hopes of being a mom everything was gone in the blink of an eye. the book pretty much talks about the life i had. the loss i went through. the grief, the struggles i went through with my faith, just myself as a person and then, you know, picking myself back up and allowing myself to be happy and move forward in my life and find happiness again. pete: char, how do you do that i have had the unfortunate pleasure of knowing so many amazing gold star wives and mothers, people that have made it through this. in your case, to leave such a sacrifice on the altar of freedom and come through it, what did you cling to. >> i clung to my faith a lot even though in the beginning i was very angry and turned my back on god for quite a while i believe that that along with my friends and family and now my current husband are what really brought me through it. and then just to honor jacques i felt the west way to do that was to continue living and to be the person that he knew me to be. pete: boy, that's so right. it's what he would want, too, is that full life. well, a pretty cool thing about this book is that marcus luttrell, navy seal, a lot of people know him actually wrote the forward to the book. here is a portion of what he wrote. jacques was on the bird that came to get my teammates and i out of the hornet's nest. he was and will always be remembered as a warrior who never quit. my admiration for char and all of the families who lost their loved ones that horrific day will never cease. when you reflect on the appreciation people have for your late husband and then in writing this book, what do you hope people take away? >> i hope that they realize that they are not alone. i hope that they remember those who have fallen and the families that were left behind. and i hope that it gives them some feeling of pride in our country and for our military members. and i also hope that it gives a little clarity to the friends and family of those who are watching their loved one go through the grief process and give them a little insight into what the struggles that we face. pete: char, you are making sure jacques is not forgotten. a beautiful tragedy is the name of the book. thank you so much for sharing his story, your story, and good luck going forward in every way. god bless you. >> thank you, pete. pete: thank you. all right, as we remember justice ruth bader ginsburg what does the future of the supreme court look like? judge andrew napolitano here to weigh in on that. plus, new york city mayor bill de blasio sparking back lacial after yet another delay to return to in person learning for middle school and high school students this fall. will he ever get his act together? 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you had justice kavanaugh, we saw what happened there, can this even compare what we're going i about to go through considering the balance of the court the very future of the court is at stake. >> well, this is an even -- pete, it's an even more profound selection. if pump nominates someone as it appears he will, before election day, this is an even more profound selection than the selection of justifiable kavanaugh because whoever he nominates presumably will give the conservative wing of the court a majority. the chief justice is not a reliable member of that wing, for better or for worse, whether you like it or not. it's a fact. but this new person who probably will be half of justice ginsburg's age better have very thick skin because the democrats will do all they can either to crush this person or to prevent a vote on the person until we see who wins the election. it's a bit of a gamble and it's going to depend upon what the polls say. do the polls say the people want the next president, whether it's a reelected donald trump or a newly elected joe biden to choose the replacement for justice ginsburg or do the polls say the people want a nine member supreme court in place immediately? and i think a lot of democrats and some republicans will be guided by those polls. will: judge, i don't know that kavanaugh nor thomas nor bourque will be as contentious as this particular confirmation process will be. judge, you bring up what the democrats can do. how they can stop. there would certainly be personal attacks. >> procedurally, there is nothing the democrats can really do to stop this demonstration process. am i wrong? they can try to win over a few republicans romney and murkowski. the filibuster is gone when it comes to supreme court nominations. how could they stop this process? >> well, you're quite correct, will. and the only thing they can do is to pick off vulnerable republicans. charlie hurt was on a few minutes ago, and he made a great statement. this has nationalized the race for the senate, tipp o'neal once said all politics is local. this is an exception to that. now, all politics is going to be who should replace ruth bader ginsburg. so, if susan collins for example in maine thinks that voting for president trump's nominee is going to impair her ability to get reelected shoes, is he going to vote with the democrats. they only need two or three others who feel that way and then mitch mcconnell wil majoriy on the floor. what they did to judge garland was not appreciated in the legal or judicial community. refusing to vote on him because it was an election year. that's when justice scalia died in february. here we are in the middle of september and they are going to flip on that rule that they established at that time. how will the public perceive that? is it a popular thing to do? will it help vulnerable republicans or hurt them? these are the questions we don't know the answers to yet. jedediah: judge, i want to ask you quickly about the senate judiciary committee. that we know the scotus nominee kamala harris sits on that committee. what do you think will happen here? will she recuse herself? how is this going to play out? >> i don't think she will recuse herself. great question, jedediah. and, again, it's going to depend on the polls. if the polls tell the democrats that they will revitalize their base, even the parts of their base that think that joe biden is not the best guy for them, then you will see a very aggressive kamala harris. look, in the confirmation hearings, if you remember this for now justice kavanaugh, the single most aggressive opponent to him was senator kamala harris. i don't think she will be that aggressive unless the polls tell her that this will enhance the biden-harris ticket. >> judge, it's crazy it. might make kavanaugh look like flag football when this is all said and done. >> yes. pete: very much so. >> i'm sorry to hear that but you are right, pete. >> it's unfortunate. judge andrew napolitano, thank you very much. great guy to have on this morning. turning now to few headlines, u.s. marshals rescue five missing children. rescue parts of months long to crack down on violent crime. 262 people were arrested across the state. six of them wanted for mom side. officials say 141 others are confirmed gang members. and lawyers for u.s. former u.s. army deserter bowe bergdahl file papers to overturn his conviction. claiming the judge in his case had a conflict of interest. alleged retired army colonel jeffrey nance was working to secure a job in the department of justice at the time of his ruling on bergdahl's case. bergdahl pleaded guilty to desertion and misbehavior before the enemy in 2017. and cosmetics company este lauder is aiming to be out of this world. the nasa spokesperson confirmed that astronauts will help produce a new ad campaign to promote the advanced night repair serum in space. think will film it some 250 miles above the earth's orbit. the astronauts will not personally star in the campaign due to nasa's ethics policy which bars them from official brand endorsements and those are your headlines. so, jed, they can't endorse but they can film an ad in space? that's the first i have learned of this. i have learned of a lot of things from the teleprompter. that was a new one. will: that's a funny statement i'm going to remember. jedediah: cool though a skin cream that you are going to launch in space. i might buy that product just for think about it. think about the possibilities. rick reichmuth, we have got to bring you in on this. think about the possibilities of a campaign ad for skin care in space. rick: i think it's pretty cool. i'm impressed pete is realized that when you read things you learn things. will: that's a new concept. i like audio books. rick: imagine that. [laughter] they are also good. all right, guys, here is your temps as you are waking up this morning. really cold across parts of the northern plains. great lakes and in across the northeast. temps into the 30's this morning. get ready, fall is coming. these temps are going to sink a little farther toward the south. monday and tuesday talking about highs only into the 60's. maybe upper 60's across areas of the south. places like dallas and atlanta going to be talking about temperatures there that are really, really cool. all right. we also are watching some tropics. we have a system out across parts of the western gulf. obviously we had another hurricane that made landfall this week across the south. we saw that in alabama and florida. this was sally. sings sally, we have already moved through vicki wilfred, teddy and now we are on beta. this is bait attachment the next storm that's moving in across parts of the western gulf. meander. hard to get a exact forecast on it. meandering for a few days across the western gulf. that means a lot of rain is going to pile up including louisiana pummeled with storms this year already. guys, send it back to you. >> for weeks now jedediah has been suggesting felt fall in the air. taken every bit. today it's real. can i feel the fall in the air. up next, contributes pour in for supreme court justice ruth bader ginsburg. live report as the world remembers the legendary jurist. ♪ ♪ ♪ limu emu & doug you know limu, after all these years it's the ones that got away that haunt me the most. 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we are now hearing reports this they that they don't have any teachers, all sorts of crazy reports. does that explanation from de blasio satisfy you and should it staff parents? >> absolutely not. and most parents i speak to want a resignation letter from our chancellor. and they want the governor to remove the mayor. because this is not just education. it's across the board. his handling of homelessness, crime is skyrocketing in the city. our new york city public house something a disaster. transit system is a mess. the economy is tanking. all of this is happening under mayor de blasio's watch. he just doesn't seem to care about doing his job and it's a major issue. i mean, this guy has, in my district alone, 75% unapproval rating. people are very upset about how he is mishandling our city. by the way, by spends more money than ever. 35% increase in spending over his predecessor michael bloomberg. jedediah: that truly is the astounding part. nicole you mentioned time there has been a surge in new york city murders. 350 plus murders this year. that's a 27% increase from 2019. on that issue in particular, we have seen people fleeing the city, businesses have fled the city. what can you say to de blasio, your message to him looking at those numbers right now? >> >> well, look, it's not just mayor de blasio. it's the fact that we have one party rule in our city and that everyone is moving more and more to the left to appease a radical fringe led by alexandria ocasio-cortez who is also here in new york city and quite frankly is leading the new york city congressional delegation. i mean, we have to elect more republican leaders, conservatives, people who are pro-law and order. today we're having cops rally to support my campaign because every single nypd union has supported me because crime has emerged as the number one issue throughout the city of new york. jedediah: thanks for being here, nicole. something needs to change in the city and quickly. i don't disagree. thanks for being here. >> thank you. nicole: up next, tributes pour in for supreme court justice ruth bader ginsburg a live report as the world remembers the legendary jurist. receding gums and possibly tooth loss. help turn back the clock on gingivitis with parodontax. leave bleeding gums behind. parodontax. today's discussion will be around sliced meat. moms want healthy... and affordable. land o' frost premium!!! no added hormones either. it's the only protein i've really melted with. land o' frost premium. fresh look. same great taste. ♪ ♪ world leaders and celebrities mourning the loss of supreme court justice ruth bader ginsburg. will: the justice passing away after battling pancreatic cancer. jedediah: jackie ibz. >> as the news broke of ruth bader ginsburg's death world leaders, politicians and celebrities they took to social media expressing gratitude for the late justice. former president barack obama saying justice ginsburg inspired the generations who folded her from the tiniest trick-or-treaters. burning the midnight oil to the most powerful leaders in the world. michelle and i admired her greatly. laura and i joined in the loss of ruth bader ginsburg. she 87 remarkable years to the pursuit of justice and equality. chief justice roberts writing our nation has lost a jurist of historic stature. we at the supreme court have lost a cherished colleague. today we mourn but with confidence future generations will remember ruth bader ginsburg as we knew her. >> remarkable woman with work ethic. warrior with true conviction and she was high absolute respect. gering became known as avid supporter of women's rights and nominated to the high court for president bill clinton. back to you guys. pete: we have seen these tributes on twitter and rightfully so. we are in a pitched ideological battle in the middle of elections season it's like having an earthquake in the middle of a battle. what happens when the earthquake stops and thousand reconfigures everything is almost anyone's guess, will. will: i want to ask for two things they are going to be somewhat in contradiction to each other jedediah. number one joe biden needs to put out a list of potential supreme court nominees now. every voter needs to know who he would nominate. second this nomination process will move forward before this election and those names may not end up mattering, jedediah. jedediah: yeah, there is a great quote from rbg that says fight for the things that you care about but do it in a way that will lead others to join you. he is i think that's something we all try to do well. we don't always succeed. it's good to keep that in mind as we try to persuade hearts and minds on key issues we are facing today in the country and always. pete: all right we have more to discuss on this and we'll at the top of the hour. don't go anywhere on fox and friends. ♪ (groans) hmph... (food grunting menacingly) when the food you love doesn't love you back, stay smooth and fight heartburn fast with tums smoothies. ♪ tum tum-tum tum tums it turns out i have tardive dyskinesia, a condition that may be related to important medications i take for my bipolar disorder. tardive dyskinesia can affect different parts of the body. it may also affect people who take medication for depression and schizophrenia. - [narrator] in today's trying times, we're here to help you manage td. visit talkabouttd.com for a doctor discussion guide to prep for your next appointment in person, over the phone, or online. - it's a relief to know there are treatments for td. ♪ jedediah: we begin with a first alert. the nation mourning the loss of supreme court justice ruth bader ginsburg. will: the long-time justice passed away after battling pancreatic cancer at the age of 87. pete: mark meredith is at the supreme court. >> she was the second woman to serve on the supreme court. we have seen tributes pour in for this woman levee long supporter advocacy as well as equal rights. she was nominated to the high court back in 1993 by president bill clinton and we have gotten a statement from bill clinton where he said that over those 27 years that she served on the bench, she exceeded his highest expectations. the chief justice those who knew her well on the supreme court including the chief justice john roberts released a statement saying our nation has lost a jurist of historic stature. we at the supreme court have lost a cherished colleague. a native of ginsburg graduated from columbia law school in 1959. instrumental in launching the women's rights for the american civil liberties union. she made so much history before ever reaching the supreme court. many are already remembering her legacy from her time on the bench. she led amazing life. what else can you say. she was an amazing woman. whether you agreed or not, she was an amazing woman who led an amazing life. >> in the coming days we should focus on the loss of the justice and her enduring legacy. >> already there is a growing makeshift memorial outside the supreme court. overnight people have been coming by to drop off cards, signs, candles on the step of the supreme court. this was somebody who really was a cultural icon a hero to so many and somebody again who was pushing for equal rights and pursuit of justice. she decide su surrounded by her family in washington. a private internment service is expected to be held in the next several days at arlington national cemetery. and while of course there will be so much focus on the politics of who comes next this morning some people coming by to remember what she did for this country. pete, jed and will, back to you guys. jedediah: thanks so much, mark. we have been talking all morning about justice ginsburg and what an extraordinary woman she was of such great accomplishment paving the way for so many people battling sexism and discrimination in her own time and want ago better future for women of future generations and fighting every day for that future. also rergs that she was a pop culture icon and people really got to know the person. they felt like they could join in on her workouts. they felt that she was a little bit sassy. that someone that they would want to get to know. that they wished that they could have dinner with or share a cocktail with that's interesting because that's not always the case for supreme court justices. but she really moved the nation in so many ways and reminded us that you have to stand by what you believe in. you have to fight for that with conviction and passion. and she was a fighter. bat tell cancebattledcancer fou. she will be remembered for women's rights and so much more. will: one of the things we talked about this mornings the relationship she maintained with antonin scalia. they were friends 50eu ideologid to each other but still friends. many people in america can and should be able to have deep relationships with people they disagree with. but what stands out to me, pete, is the way it existed. neither was willing to water themselves down. neither was willing to compromise, to fake who they were. >> they were authentic to their beliefs in who they were and they were friends because of that you authenticity. earlier, judge andrew napolitano was on fox and friends and he talked about scalia and gering. how they were so different and the different legacies they leave for the court. listen. >> justice ginsburg was an iconic figure on the court who bent the will of the court in the direction of what she perceived as equal rights for all, particularly women and members of the lt. community. i mean, one of the great joys of my life was to be a good bosom buddy with justice scalia during the last 10 years of her life. he once told me his legacy would be more profound than his because his legacy was based upon restraining the court and her legacy will be based upon unleashing the court. >> certainly was. and that's why her legacy and the future of the court the balance of it is so significant. and who better to ask about it this morning than gregg jarrett, fox news legal analyst. gregg, thank you so much for being with us this morning. this is an earthquake in the middle of an election season that's already as hot as you could imagine. where does -- as we remember the legacy and even if we don't agree with her rulings, can you acknowledge it. where does it go from here, gregg? >> it's going to be a pitched battle on capitol hill. i think this now becomes one of the, if not the most important issues in the november 3rd election. i think even though democrats are telling the president don't nominate someone until after the election, they don't know donald trump. he will do so and probably do so in a few days out of respect for ruth bader ginsburg and her family. wait a few days. but, you know, they have been planning for this. the white house always has a contingency plan. they have you know a top 10 list of possible candidates. and i think they have to satisfy four criterion. first of all, youth, you want to pick somebody to be there young. i think a woman to replace a woman. obviously conservative judicial philosophy credentials, but most of all, i think they are going to try to pick somebody who is impervious to the kind of personal vicious attacks that were leveled against brett kavanaugh. jedediah: yeah, i think that's absolutely true, gregg. president trump has been very forthcoming and transparent on this issue. he released a list of possible nominees. we can show those on the screen beginning with senator tom cotton. senator ted cruz is in there judge amy coney barrett is the person who is considered to bed in the lead right now, remains to be seen what will happen there. but joe biden has not been so transparent on this issue. do you anticipate that that will change in the coming days and weeks? >> i do. his acolytes senator chris coons of delaware says oh, everybody knows joe biden's values. he doesn't need to produce a list. that is nonsense. i think this now puts enormous pressure on biden to produce a list. he has said, many months ago, that he would pick the first female african-american for the united states supreme court if elected president. there are some candidates for that. justice krueger out in california supreme court. justice -- judge jackson in the federal district court in d.c. so, i -- you know, he always claims he is transparent. well, if so, let americans know who you are thinking of the united states supreme court. i do want to comment about what you said. i system it will be a woman that president trump will nominated. and i agree that amy barrett of the 7th circuit of appeals is at the very top of the list because, as i say, she is the kind of person who is not susceptible to the vicious attacks leveled against brett kavanaugh. her personal story is quite remarkable. the oldest of seven children. she has seven children herself, two adopted from haiti. her scholarship is remarkable and outstanding. her judicial decisions are keenly reasoned. but she is -- if she is attacked and nominated and attacked, it will be about her religion, a devout catholic. and this happened three years ago during her last confirmation hearing in which senators dianne feinstein and dick durbin questioned her repeatedly about her religion, which is profoundly wrong, inappropriate, and, in fact, unconstitutional. they ought to reread the constitution's article 6 religion is not a test. will: some interesting points made here, gregg. first of all, who fulfills the criteria you just laid out the four elements. i do think as you point out it is amy connie barrett who does fulfill those four criteria you lay out. it will be a terrible fight in the senate. you focus on what that fight might be about. shamefully, religion, that answers the. who then there is the when. last night senator ted cruz another name on that list was on fox where he talked about the nomination proceeding now. i want you to listen to this and react, please. >> i think we have a responsibility. a responsibility to do our job. the president should nominate a principled constitutionalist with a proven record and the senate is going to take a lot of work to get it done before election day but i think we should do our job and protect the country from the constitutional crisis that could result otherwise. will: greg, you move this forward on the who. what about the when? should happen now? >> absolutely. i think the president will move fairly quickly in nominating someone. mitch mcconnell has already said, even though it's an election year, he will push the nomination through to a vote. you know, just how quickly he can do it, can he do it before november 3rd is an open question. but, certainly this nomination and the issue of who replaces justifiabljustice ginsburg is fd center in presidential politics and i do expect it to get ugly. pete: of course. gregg, previous confirmation fights have lasted more than 45 days which is the timeline through the election. is this something that let's say the election happened goes one way or the other, have you new u.s. senators elected. can this happen all the way through to inauguration? could november and december be part of the hearings and part of the confirmation process? >> oh, i envision a scenario in which they don't get to a final vote before november 3rd. but would after november 3rd, so that's one possibility. you know, congress -- the new congress takes office after the first of the year and so, you know, whether it would extend that long, i tend to doubt it. but, we'll have to wait and see. and the other, you know, factor is an election contest in which we don't actually know november 3rd or even a week later who actually won the presidency. so, there are so many different factors in this equation, it will be fascinating to watch but i'm actually quite fearful that this will become so acrimonious that it will further divide the partisanship in america, which is already quite acute. jedediah: yeah, gregg, i think it. will i don't know that it's avoidable given the state of the country right now. we talked a little bit before about joe biden and his potential picks. we have a flashback from june 30th. let's take a listen to what he had to say and we will get your comment. >> supreme court. the president says he's going to issue an updated list of potential nominees to the court. you had said you would put a black woman on the court [inaudible] but there are groups calling for you to release a list of specific names you would put on the court. are you going to do that? >> one thing i hesitate to do is follow anything the president does at all because he usually does it all wrong. i have -- we are putting together a list of a group of african-american women who are qualified and have the experience to be in the court. i am not going to release that until we go further down the line and vetting them as well. jedediah: your comment, gregg? >> i think he will release a list some time soon before the election because he recognizes what the polls say. 61% of democrats say it's exceedingly important in their determination of who to vote for in november. you know, there's pressure from groups that are coalescing. one of them called demand justice. they have already released their list of 17 african-american women. they are urging biden to adopt that because of his commitment that he would pick an african-american woman. you know, he will be looking very seriously at that list there are other groups as well. the pressure is going to be too much and, again, as i said before, if joe biden really believes in the transparency he claims he will tell the americans who is on his list. pete: cut to the chase real quick. ultimately this fight and the heat and the temperature we are going to see centers around the issue of abortion pro-life activists feel like roe v. wade could be overturned. people who believe it should be the law of the land are going to come out strong saying where does the issue of life, how big does that factor in to this choice? >> >> well, if judge barrett is the pick, she has said that it's unlikely the supreme court will ever overturn roe v. wade, but she did not name it as a super precedent that can never be overturned like marbury vs. madison. so there is wiggle room there and you are right. that will be front and center in any nomination confirmation hearing. will: you point out how difficult and ugly that fight can get usually when it goes basement level, you point out something, gregg it will around religion pete you are right to you that will manifest on the issue of abortion. really great insight this morning. thank you so much greg greg pleasure. will: still ahead, remembering justice ruth bader ginsburg. white house press secretary kayleigh mcenany is going to join us live coming up. but, first, joe biden says he isn't raising middle class taxes. our next guest says you could still pate price for his policies. a breakdown of the real cost next. ♪ ♪ come on, come on ♪ ♪ we made usaa insurance for veterans like liz and mike. when their growing family meant growing expenses, our agents helped make saving on insurance easy usaa. what you're made of, we're made for. usaa today's discussion will be around sliced meat. moms want healthy... and affordable. land o' frost premium!!! no added hormones either. it's the only protein i've really melted with. land o' frost premium. fresh look. same great taste. ...to soccer practices... ...and new adventures. you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past... they may be missing vaccination for meningitis b. let's help protect them together. because missing menb vaccination could mean missing out on a whole lot more. ask your doctor if your teen is missing meningitis b vaccination. pete: welcome back supreme court justice ruth bader ginsburg passing away at the age of 87; the vacancy on the court will test the cohesion of the nation. host of "wall street journal" at large on fox business. good morning, thank you. i think you are exactly right. does america have it in our institutional blood too with stand the firestorm that's coming on this. >> well, the good news is that america has withstood many fire storms in the past and emerge stronger. i do think this is going to be one of the strongest tests. the way to think about it, pete, is what happens next is going to anger frustrate alienate a significant part of country political dwight whatever happens. if mitch mcconnell if the president nominates someone and mitch mcconnell tries to push that through before the election and swearing in of the new congress, that is going to cause tremendous, tremendous friction on the other side. democrats are going to say you shouldn't do. this you shouldn't do this so close to an election. they have then threatened there are many democrats threatening to pack the supreme court should joe biden win in november meaning increase the number of supreme court members. if he doesn't do it, if the president does nominate mitch mcconnell and for whatever reason the republicans don't republican also be furious look this is our chance to finally actually really get a fundamental change. all the conservatives are unhappy still about the supreme court despite the nominations of neil gorsuch and brett kavanaugh by president trump because they still think in some of the cases in the last year the court hasn't proved conservative enough. finally this is a chance before this election to make conservative. if the 39 fails to do that and senate fails to confirm that will anger a huge number of conservative voters. either way there is going to be tremendous, tremendous frustration, anger and disappointment in this country. pete: you cannot understate the depth of support for the pro-life cause in the president's base and conservatives and republicans in this country. we will continue to follow. this i got to get your take joe biden is on the campaign trail trying to say he is not going to raise -- i don't really fully grasp who he plans to raise taxes on is it real? is it not? break down the reality of joe biden's economic plan. >> his public statement is he won't raise taxes on anybody earning less than a certain amount of money. it varies a little bit. but it generally embraces the middle class. if you are middle class american and earning less than a few hundred thousand a year. majority of americans, joe biden says promises, pledges, he won't raise your taxes. the problem with that, i think, there are at least three problems with that very briefly. one is the fiscal deterioration of the country is deteriorating. we have seen that obviously with the support measures that have been implemented to cushion the country from the impact of the lockdown of covid. the fiscal deficit and massively increasing. that's going to, at some point, require some kind of measure, either to really boost growth and get the economy really rapidly growing again and joe biden doesn't really have obvious plans for that or somehow going to closed higher taxes. second part is his party is very radical on this. they want to do things, if they have a majority in congress, if it comes to the question of you who do you take measures that are necessary to reduce the deficit, that's certainly going to want to increase taxes. they are in favor of everyone creasing taxes. the third and perhaps most important thing is that biden has committed to a whole series of policies rolling back the deregulation that president trump has done the last few years which will in effect have an effect of a really significant middle class tax increase. take energy, pete as a very simple example. change his mind whether he is fracking or not. democratic party is against fracking. energy independent if that goes that's going to raids energy prices hugely. the green new deal is going to raise energy cost for people. going to be through these regulatory measures a massive increase on cost. pete: a lot of hidden taxes. gerri baker thanks for joining us this morning. we appreciate it. up next tv and sports legends giving back to nonprofits in need while instilling patriotism. evander holyfield and joe theismann on deck. managing your diabetes can be hard. the freestyle libre 14 day system... - a continuous glucose monitor - ...makes it easy. easy to check your glucose without fingersticks, and easy to share your data with your doctor. and for those who qualify, the freestyle libre 14 day system, is also covered by medicare. ask your doctor for a prescription. you can do it without fingersticks. learn more at freestylelibre.us the game doesn't end after a spectacular touchdown grab because there's always another team looking to punch one in. with nfl redzone from nfl network on xfinity, you get every touchdown from every game on sunday afternoons. all season long. watch every breakout star, every heart pounding running attack and every big-time defensive stop. sunday's were made for football on xfinity. that's simple, easy, awesome. add the more sports and entertainment package for nfl redzone. click, call or visit a store today to learn more. motive is unclear. the city's police chief says the 14 shooting victims are expected to survive. and several homes are destroyed after a wildfire spreads to a mojave dessert community in california. the bobcat fire growing to 72,000 acres mostly driven by strong winds and warm temperatures. this as investigators consider charging the people who sparked the el dorado wildfire after a firefighter is killed while battling the flames. authorities say a device used during a baby gender reveal party started the massive fire earlier this month. and overnight, a 4.6 magnitude earthquake rattled parts of southern california where the fires are burning. there are no reports of damage. over to you, will. will: thanks, jed. a new app. is making it easier than ever to give back. all the while instilling values of patriotism and service in our nation's young people. the global service institute connecting nonprofits in need with local volunteers. and they are getting some of the biggest names in television and sports to help lead the charge. got a couple of champions, three really, to help lay it out for us. tv host and chair of the global service institute rita cosby, boxing legend and champ evander holyfield and super bowl champion joe theismann all with us here this morning. rita, it's your project, let's start with you. tell us about this app., this project, matching volunteers to service projects. >> well, you know, will, i was looking at what was happening in the country. and i partnered with long island university, which is a highly acclaimed highly accredited. they have more than 265 accredited programs, long established university. and we were talking originally about me maybe doing a speech or event there. then we set let's do something bold and transformative overall. we created the global service instituted at liu. what it is its programs, we are talking speakers. we are talking scholarships. a whole array and part of it is this incredible app. that you just brought up which is called the global service app. and it will instantly connect volunteers with charities that are in dire need. but it's really a full service program at long island university, because global institute to inspire generations about giving back. not just professionally but also personally. and we want to be able to make a difference, especially at this time in the world. we saw a void in education. we said let's do something that quarterbaccan be a game changerd breaking. i'm proud to be a part of it. will: you got huge names to be a part like the two gentlemen on our screen. let's start with you champ ehave ander, i spoke with you not long ago on a different network about perhaps coming back to fight in the ring. at that time it was about charity as well. about giving back. tell me, ehave ander, why service and volunteerism is so important to you, the role faith has played in making this a big support of your life? >> well, it's important to me because as a kid, i grew up poor. if i wouldn't have been given that opportunity, i wouldn't be the person i am. i actually went to the boys club and didn't have the money, but the lady that was working there, she allowed me to come in because she didn't want me to walk back home by myself at 6 years old. so she gave me that quarter that quarter gave me the opportunity to be the person ohio am today. will: joe, one of the great acts of service in my life as a cowboy fan to be able to forgive any red skin legend but here we are. and i have to ask you so, what is it, i know you have a long-term relationship with rita. you guys know each other. what is it about service and specifically what you hope to give back? >> well, i think thank you, will. [laughter] >> the thing is, i feel like some of us are so blessed in our lives. i think every one of us are. and it's an opportunity to be able to give something back with the global service institute, it connects universities as rita mentioned, but it also highlights the educational process that we are involved in now. i mean, it's a chance for people to actually look at what's going on. there are so many things happening. there is the fires. you have the floods. you have the social unrest that we're dealing with it's a chance to be able to get out and serve others. i really believe that we're put on this earth not to be served but to serve others. and that's what the global service institute is able to do. i'm proud to be an honorary board member. and i they hope inspires other people to say, look, everybody can take the time. you can take the time and make the time to be able to give back. and i think that's what is so vitally important. this is a time when people need our help. it's a great opportunity. especially for the young people to be able to go out and say, listen, can i get involved in other ways in helping other people's lives to get better. >> all three of you important to point out as have you noted not just important about giving back to others in divisive time when everybody is pulling so far apart. good for the soul to get out and help somebody. rita, joe ehave ander once you put together easier foreeverybody. thank you so much. what a great projects. >> thanks, will. will: up next, curriculum controversy. the education department is investigating princeton university after the president said it's embedded in racism. douglas murray is here with his insight. ♪ ♪ move along ♪ move along ♪ ♪ will: honoring the legacy of supreme court justice ruth bader ginsburg this morning. jedediah: the champion of civil rights and gender equality reflecting on growing in 2016 book writing part of a world whose unity has been almost completely shattered no one can feel free from danger and destruction until the many torn threads of civilization or. bound together again. pete: can our nation come together again. author of the best selling book massive of crowds gender and identity. douglas murray. thank you so much for being here. i'm a big fan. >> thank you. pete: i appreciate your insight. you wrote a op-ed in the last couple of days with the title "can america hold together." that was before the passing of ruth bader ginsburg. add this on top of what we are facing, what is america facing? >?very good to be with you. i very much worry as a friend and admirer of the united states and friend and admirer of the united states all my life. what is happening at the moment is a very, very serious pulling apart of nation it. has all the elements historian would suggest of civil war. i am not overstating that there is a fundamental disagreement now in america clearly about the nature of your governance. about your institutions. about everything in your history. and i would say that it comes down to something like this, a portion of your country clearly believes that america is an exceptional country. that its founders were exceptional people and it would be good to hold to the foundational principles of the state. it made mistakes but everybody does. another portion of the country now believes that there is nothing good in america. that its founding fathers were rotten. that all the land is stolen. you know, 80% of self-described liberals in a recent poll said that they would like the flag to be changed, the anthem to be changed and the constitution to be rewritten. and once you have got those kinds of divisions, it's extremely hard to see how you reconcile them between people who believe that america is exceptional and people who believe that it is exceptional only in one way that is exceptionally bad. between these two sides, it's very hard to see unless a lot of work is done how they can reconcile. will: know, douglas, america has been through a lot. it's been through civil wars and managed to make its way through that's because everyone in america or most everyone had shared values, shared goals. i want to give you an example of what is pressing that tension, i think. this is a letter from the princeton president christopher eyes gruber talking about princeton's inherent racism. racism and the damage it's done to people of color nevertheless persist at princeton as in our society. racist assumptions from the past also remain embedded in structures itself. to that the department of education has said if we focus on identity and don't have shared values how do we see our way through this moment in time? >> you won't be able to as a country without shared values. martin luther king gave the entire world united society. it was famously said to focus not on people's characteristics on the of their character. dr. king d'angelo of wife fragility fame go around telling everyone not only is everything toe do with race as everybody racist as she said before dangerous not to judge people by the color of their skin, half a century from america to turn from one glorious division and divisive and i suggest totally untrue vision which has been pumped around the country primarily it has to be said from universities in america, and the university system is rife with this. what the president of princeton said was atrocious, it was clearly audition to be seen as doing something. what is happening at the moment is people in authority like him are trying to run ahead of the crowd. they are trying to get ahead of the mob. they are trying to say we are even worse than you say we are. and so they say these things like there is endemic racism at princeton. i admire the department of education there for saying oh if it is as bad as you say then we are going to have to investigate because you are breaking the law. i think it's an exceptionally dangerous moment. i think the people like the president of princeton need to be made an example of. pete: so well said. jedediah: you know, douglas, this goes beyond university. this is happening kindergarten, first grade. people have had it with the educational system they are tired of the indoctrination and cancel culture and add enormous amount of inefficiency we see after these lockdowns in terms of getting kids back to school. what happens next is a complete breakdown of our educational system a possibility here? >> well, of course i mean have you already already basically got it. you see things like the university of chicago english department say they are only going to take people next year doing black studies. and everything has studies after it. there is no such thing women studies. no such thing it's not a study. queer studies no such thing not a study. if you have to call it a study it's not a study like having to call yourself a democratic people's republic. if you have to say it you are not. people doing black studies english department. the english department of chicago english studies as a language as a study as literature is based in colonialism and oppression. they abolish themselves. institution after institution abolishes itself in america. here's the problem it comes to a fundamental issue in the country which is that white america has been bullied by people. there are some things that we could address and unite over and currently people are being listened -- they are listening to and being bullied by totally insincere actors. when somebody says everything about you and your past is rotten, don't believe them. if they say that you are intrinsically racist and you are racist if you say you are a racist and you are racist if you say you are a racist. don't listen to them. these are dishonest people. it's time and i'm glad to see the latest investigation of princeton. time people called out the bullies and the frauds and racketeers. that's what's going on. after all very important point. it's so much easier to talk about your endemic racism than it is to deal with serious sociological issues in society. pete: so true. >> so much easier to say we are all guilty than it is to improve educational standards. america has been taken in by hundredsters of late and it is high time that people of every kin color unite and say no, we are americans we will not give in to your division. >> here here the book is madness of crowds. douglas murray you are welcome on this program any time. thank you for your insight and wisdom. >> thank you. pete: take a moment to think about that. still ahead, hillary clinton urging democrats to create every obstacle possible to make sure president trump does not appoint a new supreme court justice. lara logan on that coming up next. i'm a performer. -always have been. -and always will be. never letting anything get in my way. not the doubts, distractions, or voice in my head. and certainly not arthritis. new voltaren provides powerful arthritis pain relief to help me keep moving. and it can help you too. feel the joy of movement with voltaren. pete: we're back with quick headlines, a special operations soldier is killed after being struck by security patrol truck on a naval base hector delgado or tease wadel gaddortiz was ont when he was hit. the driver civilian force was hurt and taken to the hospital. delgado or tis a 17 year veteran leaves behind a wife and two sons. the crash is under investigation. god bless his family. a grim milestone in new york and st. louis. both cities surpass the number of murders from last year. in september. in new york, more than 350 people were killed. that's a 27% spike. gun violence in the city has nearly doubled from last year to at least 1,000 shootings and in st. louis, 195 people were killed officially passing last year's total. jed, over to you. jedediah: thanks, pete. the absence of justice gering on the supreme court is setting up what will be a heated showdown on capitol hill. senate majority leader mitch mcconnell promising a vote or president trump's nominee hillary clinton is telling democrats to stop him. >> the democrats who are in the senate will have to use every single possible maneuver that is available to them to make it clear that they are not going to permit mitch mcconnell from him attempting to fill this position. jedediah: here to react host of lara logan no agenda on fox nation. lara logan, welcome as always. strong words there from hillary clinton, what do you make of her comments? >> well, you know there is going to be a big outcry how this is election year in 2016 when justice scalia died republicans were all about saying you know, you don't nominate a replacement in an election year. that goes against precedent. of course what the democrats and hillary clinton leave out of that conversation is the simple fact that when justice scalia died in early 2016, president obama very quickly nominated merrick garland as his replacement and the problem that the democrats had, they couldn't get a hearing in the senate because they didn't have the majority. they didn't have the majority in the senate then and they don't have the majority in the senate now. and so president trump has made it very clear on the record, you know, long before this happened, that he would not hesitate to do exactly what president obama did. but what you will hear from the -- from hillary clinton and the left now is that you will moral outrage and moral indignation that he dare do the same thing that president obama did. and the difference here is that the republicans do have the power, if they choose to use it to get their nomination confirmed that really will put all eyes on a few of the senate republicans like senator macau r murkowski and collins are seen as the weak links and mitt romney repeatedly shown he is not a fan of the president and certainly in recent years. and so that is going to be where the pressure lies now on trying to pressure the republicans with this moral outcry. of course, the left has information dominance. they control most of the media. so they can create an outcry about anything they want whether it's real or not. jedediah: yeah that is a fantastic point. i could not agree more. i want to get to your series though lara logan has no agenda. the socialist invasion. it's available now on fox nation. we have a clip from that let's take a look and then we will talk about it. >> legislative record ranks her as one of the nation's most liberal will bring california's radical socialist agenda to the white house. she and joe biden are elected this fall. victor davis hanson said super wealthy like harris and pelosi are always exempt from the socialist policies they push on everyone else. and because of the enormous wealth in silicon valley, the center of power in california has shifted from los angeles to san francisco. jedediah: tell us about the series and the focus of it. >> well, one of the things that has come front and center in this election and never more so than the last few months is socialism in america. and so, california is the state that is pate of socialism. pretty much a welfare state at this point. more than a trillion dollars spent on programs in the last, you know, more than a decade. and, yet, it has the highest, it leads the index the most number of people living in poverty reside in california. right alongside the highest number of billionaires. so, just less than two miles from nancy pelosi's home and dianne feinstein's home. multi-million-dollar homes have you people living in abject poverty on the streets in the worst conditions imaginable. yet, this is happening with most of the country completely unaware. and that was, you know, i'm always driven to the stories that are right under our noses that are important that no one is telling or very few people. that's one of the places. jedediah: larr remarks you certainly are and unfortunately we are out of time today. but i want to encourage people to check out that series. it's available on fox nation right now. lara logan has no agenda. you won't want to miss it. and we will be checking it out for sure. thank you, lara. still ahead. >> thank you. jedediah: white house press secretary kayleigh mcenany joins us live at the top of the hour. first, nfl week two is here with seven games slated for unlv on fox. we will take a look at the action coming up tomorrow. ♪ get the show on ♪ you've got some allergic itch with skin inflammation. apoquel can work on that itch in as little as 4 hours, whether it's a new or chronic problem. and apoquel's treated over 8 million dogs. nice. and...the talking dog thing? is it bothering you? no...itching like a dog is bothering me. until dogs can speak for themselves, you have to. when allergic itch is a problem, ask for apoquel. apoquel is for the control of itch associated with allergic dermatitis and the control of atopic dermatitis in dogs. do not use apoquel in dogs less than 12 months old or those with serious infections. apoquel may increase the chance of developing serious infections and may cause existing parasitic skin infestations or pre-existing cancers to worsen. do not use in breeding, pregnant, or lactating dogs. most common side effects are vomiting and diarrhea. feeling better? i'm speechless. thanks for the apoquel. aw...that's what friends are for. ask your veterinarian for apoquel next to you, apoquel is a dog's best friend. the game doesn't end after a spectacular touchdown grab because there's always another team looking to punch one in. with nfl redzone from nfl network on xfinity, you get every touchdown from every game on sunday afternoons. all season long. watch every breakout star, every heart pounding running attack and every big-time defensive stop. sunday's were made for football on xfinity. that's simple, easy, awesome. add the more sports and entertainment package for nfl redzone. click, call or visit a store today to learn more. pete: nfl starting off with a bang cleveland browns defeat joe burrow and cincinnati bengals on thursday night. will: seven key matchups for the second week of play. and joining us now with her prediction fox sports nfl reporter jen hale. jen, we are going to get to mine and pete's favorite neems just a moment because that's the real importance here. let me ask you about i think coming out of week one what's clear is the story of the league. it's tom brady tampa bay buccaneers. highest rated game of the weekend in terms of year over year growth. this week tom and the bucks take on the panthers. does he have a rebound of two interceptions last week and down game for the goat? >> absolutely. tom brady is out for redemption this week not 0e78 did he have two interceptions he became just the 30 quarterback since 2013 to throw three consecutive pick in three consecutive games. not the start he wanted to this season. i expect him to come out angry and driven. and then, of course, comments and brett favre getting upset with that this week. is he man on a mission. i think is he going to come out firing on all cylinders. pete: jen, as will mentioned we are going to be selfish here my vikings play nod defense last week. wee have the colts this week. rebound queens. >> yeah, unfortunately somebody is going to be 0-2 which is never a good position to sit in as week two wraps up. i had your vikings last week and in some ways it was surprising because that secondary just got canksd up but they were so young. it was their welcome to the nfl moment oh, yeah, versus aaron rogers who is looking better than he has ever looked by the way. zimmer is going to have them much more ready to go this week. i think they had film to break down and teaching points. i'm taking your vikings in this one over the colts. i think flip rivers is preparing too much and i think vikings going to come out as a win. will: think your vikings as fantasy definition i dropped them. not only have the cowboys my team but america's team as we know. they take on the atlanta falcons giving up 10 points. spread the cowboys favored. i have to be honest, jen, i don't feel all that confident. >> i'm taking your cowboys in this one and i cover the falcons when there is a preseason. so i'm usually a falcon fan. i think the falcons offense obviously looks fantastic. but that defense has not found its identity yet which is odd to me. i think that at home the cowboys with the stars they have. the playmakers they have. they are going to come out on top. the thing is no injuries. because your cowboys aren't very deep at all. pete: we have to leave it right there. jen. thank you. more fox and friends ond. thewe other side. ♪ it's the easiest because it's the cheesiest. kraft. for the win win. ... when you have depression, it can plunge you into deep, dark lows. and, can leave you feeling extremely sad and disinterested. overwhelmed by bipolar depression? ask about vraylar. not all types of depression should be treated the same. vraylar effectively helps relieve all symptoms of bipolar depression... with just one pill, once a day. elderly patients with dementia-related psychosis have an increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion, which may mean a life-threatening reaction, or uncontrollable muscle movements, which may be permanent. side effects may not appear for several weeks. metabolic changes may occur. nausea, restlessness and movement dysfunction are common side effects. when bipolar depression overwhelms, ask how vraylar can help. will: we begin with a fox news alert the nation mourning the loss of supreme court justice ruth bader ginsburg. will: the long time justice passed away after battling pancreatic cancer at the age of 87. jedediah: mark meredith is live outside the supreme court as tributes pour in. >> justice ginsburg is a champion of equal rights always fighting for the rule of law and while of course there is so much of an impact on the supreme court there's also an impact on the country as a whole. she was a native of brooklyn new york and graduated from columbia law school back in 1959 and was instrumental in launching the women's rights project for the american civil liberties union and while she made history plenty before reaching the supreme court, many americans will remember her legacy from her time on the bench the second woman ever to be here on the supreme court. chief justice john roberts someone who worked with her released a statement after her passing writing today we mourn but with confidence that future generations will remember ruth bader ginsburg as we knew her, a tireless and champion of justice lawmakers from both parties are also offering up their own personal tributes and while there is about to be a major political fight over who will fill this vacancy, both president trump and joe biden are eager to focus on her decade s of service. president trump: she led an amazing life. what else can you say? she was an amazing woman, whether you agreed or not she was an amazing woman who led an amazing life. >> in the coming days, we should focus on the loss of the justice and her legacy. reporter: while the public is being kept from being able to actually go up the full steps to the supreme court building a makeshift memorial has been building all morning long. i was out here about 4:00 a.m. and there was a woman just sobbing, right next to some flowers and candles and signs with rbg on there an indication of how many people will be impacted by this news. a private inturnment ceremony is expected to be held in the coming days but a lot of tributes still coming in for ruth bader ginsburg. pete, jed and will back to you guys. pete: thank you very much mark appreciate it let's bring in kayleigh mcenany white house press secretary, kayleigh thank you so much for being here. >> thanks for having me. pete: i think two things can be true at the same time. you can disagree with the arguments she made, decisions she had and people like me and others would disagree but you can ultimately still appreciate the authenticity of someone who fought hard for what they believed in, and was respected by her peers. >> peta that's exactly right. i remember being at law school at harvard where ruth bader ginsburg went when she was one of nine women out of a class of 500. when i went there, more than half or around that, were women. she paved the way and i remember you always paid a little bit closer attention when it was a s calia or ginsburg descent. these people left their legacy on the court and ruth bader ginsburg knowingly going to law school her husband get cancer and she's raising a three- year-old on the law review she really paved the way and made a place in american history that will never be forgotten. will: kayleigh all those points are well taken who ruth bader ginsburg was not just as a juris t, but as a person. we move forward to what happens next. waiting for joe biden to put out a list of potential nominees he might put forward should he become president of the united states. president trump has already put forward names that he could potentially be nominating some examples including senator tom cotton, senator ted cruz, josh h olly, attorney general daniel cameron of kentucky, paul clement that argued before the supreme court and noah franc isco, so kayleigh you brought up ruth bader ginsburg's important trail blazing as far as a woman on the supreme court. what will guide president trump in finding a replacement for justice ginsburg. what will be his primary focus on finding a replacement? >> well it's a good question. this president has always been squarely focused on putting people on the court, who are constitution-abiding judges who are text you'llists, and believe the words on the page of the constitution or a statute are the plain meaning of what they are. someone who protects the right to life, someone who protects the second amendment, this is a president who is guided by the founding of this country and the constitution, and you look at the justices he's put in place, neil gorsuch, you look at justice kavanaugh, these are great justices who fall very much in that and those are always that have always been the guiding principles of this president. pete: kayleigh i know you and the white house have been careful to pay the proper respects, not rush to the political aspect of it but the reality is we are 45 days from a historic presidential election out of necessity a lot of these items quickly become political, the horse race of what happens and when it happens what is your sense, as far as the president's timeline on this , mitch mcconnell signaled it would move to the senate before the election. what is the white house current thinking on timeline? >> don't want to get ahead of the president on that. right now his current thinking is honoring the life of ruth bader ginsburg. last night, had ewas on the stage. he was unaware that ruth bader ginsburg had passed and he found out when he went to gavel with the journalists there in the pool and he said then this is an amazing woman there's nothing more you can say than that and he's very sad and we're praying for her just over my left shoulder the flag is at half staff and i'll leave it to the president as to how we move forward, but right now he's honoring her legacy and you'll hear more from him this afternoon when we go to north carolina. will: kayleigh i appreciate your desire not to get ahead of the president but that is not the desire shared by many others including, of course, vice presidential candidate joe biden who is saying that there's no way president trump should be making a nomination before this election. in fact he said it as recently as last night. i want you to listen to joe biden and get your reaction. >> it's clear that the voters should pick the president and the president should pick the justice for the senate to consider. this was the position of the republican senate took in 2016 when there were almost 10 months to go before the election that's the position the united states senate must take today and to i should do this with full consideration, and of my hope and expectation what will happen. will: kayleigh you can hear joe biden referencing 2016. how, again, with respect to not wanting to get ahead of the president how do suspect the administration will move forward? >> well look the former vice president in all due respects instead of telling the current president what to do, he needs to tell voters where he stands. we don't know whose on his supreme court list. we don't know what kind of justices he would nominate. we know very squarely this president has been very transparent putting forward two lists as to exactly not just what his justices would look like but what their names be. this is paramount importance to the american voters. this is now a lynch pin issue of this election and joe biden, you know, where do you stand? what do your justices look like some do they believe and abide by the constitution he needs to answer those questions before telling president trump exactly how to move forward. pete: well kayleigh you're right we don't know the names of who former vice president joe biden might pick but we do know what that person or woman would look like. here is a flash back to what the former vice president biden said in june about possibly picking a nominee. >> the president says it's he's going to issue an updated list of potential nominees for the court. you had said you would put a black woman on the court but there are groups calling for you to release a list of specific names are you going to do that? >> one thing i hesitate to do is follow anything the president does, at all, because he usually does it all wrong. we are putting together a list of a group of african americans woman who are qualified and have the experience to be in the court. i'm not going to release that until we go further down the line and vetting them as well. pete: kayleigh our politics have been consumed by identity politics. does race or gender have a factor in who the president ultimately chooses here? >> no, principles are at the heart of who the president chooses. i remember exactly where i was standing when justice scalia passed. it was a heartbreaking moment much like last night with the passing of justice ginsburg and i remember just before presidential debate in fact when justice scalia passed and it became this laser focus on the supreme court which is always of importance to voters but now, more than ever. this is a lifetime appointment. these are issues that hit at the very core of our liberty like the second amendment like the right to life, the first amendment, freedom of speech. these issues determine the very values of this country, so knowing where he stands, knowing these names, is very important to voters and really the own us is on him now to put out that list. will: the who is incredibly important both from joe biden and ultimately from president trump as well. if i might, kayleigh i just want to return to the win and i totally respect that you don't want to get ahead of the president and i respect that now is also a time for reflection on ruth bader ginsburg's life but everyone watching is wondering when this fight, when this nomination might take place. we'll get to who that may be, but senate majority leader mitch mcconnell said if the president puts forward a nomination that will go to a vote on the floor of the senate before the election. should we expect the president to make a nomination here in the mid-term? >> yeah, again i'll leave it to him. you'll be hearing from him in north carolina. i'm sure he'll talk to reporters today and i want to leave that to president trump to make that announcement and to decide how we move forward but make no mistake this president understands the importance of this issue, understands the importance of the court and he has a legacy now of two supreme court justices nearly 300 judges on the federal court would have been appointed under this president, and they are good, hard working judges who respect the constitution and the values of this country. pete: kayleigh when you consider what was done to justice kavanaugh, when you consider the firestorm, that was more or less a transfer of equal votes and it was sort of a moderate for a more conservative justice. this is the balance of the court on issues as you mentioned as fundamental as right to life, which people have dedicated their careers to pursuing the overturning of roe vs. wade. how would the white house approach this confirmation process anticipating what was done to justice kavanaugh? >> yeah, well should that happen what we would do is encourage our democrat counterparts to be respectful, to not malign people and what happened to justice kavanaugh was a travesty in this country, a good man who was respected prior to his nomination to the supreme court, respected by both sides of the aisle, a principal led man, a father, someone who was a great character, who was completely dragged through the mud, all because he was appointed by president trump. so, should that happen, we would encourage our democrat counterparts to respect the process and to respect people who are very well- principled and have a great record of scholarly work. pete: let's hope so. jedediah: kayleigh it's definitely going to be an interesting next few weeks to say the least. thank you so much. >> thank you and we're praying for justice ginsburg and her family. jedediah: as are we. still ahead a manhunt is underway in new jersey for a gunman who opened fire on the home of two police officers while their 10 day old baby was asleep inside. our next guest is confident this was a targeted attack. the camden county police chief joins us coming up next. when managing diabetes you can't always stop for a fingerstick. with the freestyle libre 14 day system, a continuous glucose monitor, you don't have to. with a painless, one-second scan you can check your glucose with a smart phone or reader so you can stay in the moment. no matter where you are or what you're doing. ask your doctor for a prescription for the freestyle libre 14 day system. you can do it without fingersticks. learn more at freestylelibre.us. yea, that look of pure terror... ...no, no, the smile... ...and that second right before the first tear comes... ...what?! pizza on a bagel-we can all agree with that. do you want a hug? >> everyone is investigating us and helping us to bring these thugs into justice, and we are going to catch them and we are going to bring them in. will: just a shocking story a manhunt is underway for two suspects accused of shooting up the home of two new jersey police officers. the couple and their 10-day-old infant were inside when six rounds of bullets struck the house tuesday evening, and here with an update on the search is camden new jersey police chief. chief, thanks so much for being with us first if you would, walk me through some of the details here, what happened to two of your officers? >> well like you said they just decided they had just started a family on september 5. they were both on family medical leave. they were enjoying their time with their newborn, and they were asleep. on september 15, 11:46 p.m., we responded for shot spotter activation in the 2,900 block of clinton street for 10 rounds being fired. when we arrived we quickly realized it was our officer's home and that the house was struck six times and the bullets penetrated the interior of the home. will: chief, i know, you already believe you already know this was a targeted attack at your officers. this was, tell me what that means targeted attack. >> well, we are still searching for the suspects. we have seized their vehicle that was used in this , about 18 hours after the incident occurred. what we do know at this point is our officers live on this block for the last three years. they go to work in uniform, wearing their uniform and talk to their neighbors frequently while they're wearing a uniform and they come home from work in a uniform and they stop when they're working in their patrol car. it's common knowledge these officers live there and that there are police officers in the residence. they are very well-liked when we did our canvas they are very well-liked in the neighborhood and everybody knew who they were and where they lived so for a van to circle the block several times and then to have this many rounds shot into this house, and they're row homes so this was targeted at this residence, and we come to no other conclusion that this was a target back against our officers. will: just to be clear you mean because they were police officer s? >> we believe so at this time, but the time will tell, when we bring these thugs in. we're going to get to the bottom of what exactly occurred. will: quickly, chief, i know there's a reward out what details should the public know in helping bring these suspects in? >> i'd like to thank the ceo tom huberson, they are a big vendor for us in helping us out and chris ferrari. they donated another $10,000 to get this up to $62, 500. what i need from the community and why i'm asking the public for assistance is i need to know whose driving this vehicle, i need to know who the organize you pants were, whose hanging around the vehicle. that kind of information is valuable and that's what we need to help solve this crime. will: our thoughts and prayers are with everybody with the department obviously those who were the victims of this crime as well. we wish you luck there in camden , new jersey chief thanks for sharing with us this morning up next, he inspired movie fans as jesus in the passion of the christ. now, he's back on the big screen hoping to do the same, with a look at christian prosecution in the middle east. actor jim cabasil is here next. it's about the humans. these humans, those humans. groovin, and golden. it's about getting more than health insurance and a partner who listens and acts. humana calls it human care. it's talking to a doctor from your couch, or helping you find a cheaper prescription before you ask. it's helping you fix the rugs so you don't fall, and keeping you social, online or off. it's getting to know you, so you can be your healthiest. that's our superpower. that's human care. from humana. jedediah: the nation mourning the loss of supreme court justice ruth bader ginsburg. will: the just it's passed away at 87 years old after battling pancreatic cancer. pete: we are joined live with the overnight tributes jackie good morning. reporter: good morning, will, pete and jed. those tributes are pouring in world leaders american politicians and celebrities all honoring justice ginsburg and remembering her legacy. former president barack obama saying in part, justice ginsburg inspired the generations who followed her, from the tiny to law students burning the midnight oil to the most powerful leaders in the land. michelle and i admire her greatly and we're thankful for the legacy she left this country. former president george w. bush writing laura and i join our fellow americans in mourning the loss of ruth bader ginsburg. she dedicated many of her 87 remarkable years to the pursuit of justice and equality and she inspired more than one generation of women and girls and justice ginsburg loved our country and the law. former president bill clinton tweeting "we have lost one of the most extraordinary justice us ever to serve on the supreme court. ruth bader ginsburg's life and landmark opinions moved us closer to a more perfect union and she reminded us we walk away from our constitution's promise at our peril." oprah tweeting we just bowed in prayer at our house for her full and filled life and legacy resting in peace and power. ginsburg was known as a support er of women's rights and she was nominated to the high court by president bill clinton, that was in 1993. back to you guys. will: thank you, jackie. pete: thank you very much appreciate it. well he's inspired moviegoers with his legendary portray all of jees us in the film the passion of the christ and now actor jim kavesil is taking on a power powerful new role addressing christian prosecution in the middle east. >> i'm not afraid either. do your job. pete: actor and star of the new film j caviezel joins me thank you so much for being here the film is about american christian journalists imprisoned in iran. i've watched the trailers out in theaters now brand new what's the goal of this film? >> well, the goal is to obviously bring the attention to a lot of americans with the pers ecution of what's going on in iran, countries like china , and christian persecution where they execute them for their faith, you know, that people have taken their faith for granted as far as especially here in the united states, but now, with not being able to go to churches which is a violation of our rights, we need to start standing up. pete: jim why are christians not standing up in this moment? there is historic persecution as you've mentioned of christians around the globe shrinking measures here at home. is there a problem inside christianity in engaging in the world today? >> this is the fear factor, you know, but jesus says do not be afraid i go before you always, and that was a big part of when i got to do the passion of the christ and the understanding that, you know, at one point when i was struck by lightning and had to have two heart surgeries, open heart as well, that it could cost me my life, but i knew that that was the whole message of the gospels when peter and paul and especially when i was reading paul's letters to the romans, it moved me so much that here, this man knows he's going to be butchered by the romans but he stood up and i said may god in his time that i could do what you need me to do and lead as many people back to you and i took that into the performance of infidel. that was important and it had to be a part of that so when cyrus brought me this script, i thought this is, these are the times that we're living and that we have to start standing up and so i can do my little bit with that movie, but always the intention to bring souls back to jesus. pete: you can hear the passion in your voice. one other topic you wanted to touch on was ronald regan gave a speech a time for choosing speech in 1964 and he said you and i have with destiny we'll preserve for our children the last best hope of man on earth or we'll sentence them to take the last step into a thousand years of darkness. what can americans learn from ronald regan? what are your thoughts on that at this moment in time? >> that's right he said that and he said now also, now let's set the record straight there's no argument over the choice between peace and war, but there's only one guaranteed way you can have peace and you can have it in the next second, surrender, admittedly there's a risk in any course we follow other than this but every lesson in history tells us that the greater risk lies in appease ment and this is a well-meaning christian liberal friends our priest, bishops and pastors refuse to face, that their policy of accommodation is appeasement and it gives us no choice between peace and war, only between fight and surrender if we continue to accommodate, continue to back and retreat eventually we will have to face the final demand, and what then? when sit and told the people of this world he knows what our answer is going to be. he has told them that we're retreating under the pressure of his cold war and some day when the time is right to deliver his final our surrender will be voluntary because by then we will have been so weakened from within, spiritually, morally, economically and he believes this because from our side he's heard voices pleading for peace at any price, or better read than dead as one comentator put it he'd rather live on his knees than die in his feet and there inlies the road to war because those voices don't speak for the rest of us. you and i know it and do not leave life is so dear and peace so sweet as to be purchased at the price of chains and slaver if if nothing in life is worth dying for when did this begin just in the base of this en it any or should moses so told children to live in slavery and should christ is refused the cross and should the patriot s refuse to fire the shot heard around the world? the martyrs of history were not fools and they gave the lives to stop the advance and where then lies the road to peace so it's a simple answer after all that you and i have the courage to tell our enemies there's a price we will pay. and the words of reagan. evil is powerless. if the good are unafraid. pete: jim caviezel thank you so much for that inside and congrats on the powerful film thank you. still ahead the world mourning the death of supreme court justice ruth bader ginsburg we reflect on her life, legacy and lasting impact on america's future. where can a healthier heart lead you? for people with heart failure taking entresto, it may lead to a world of possibilities. entresto helped people stay alive and out of the hospital. don't take entresto if pregnant; it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren, or if you've had angioedema with an ace or arb. the most serious side effects are angioedema, low blood pressure kidney problems, or high blood potassium. ask your doctor about entresto. pete: we're back with a live look at the white house, where flags are flying at half staff in honor of supreme court justice ruth bader ginsburg. president trump has ordered flags to fly at half staff across the country. will: they are right here outside of fox news in new york as well, justice ginsburg passed away after battling pancreatic cancer. she was nominated to the highest court by then-president bill clinton in 1993 and served on the bench for 27 years. jedediah: people remembering the civil rights trailplay eras they dropped off cards flowers and candles at a make shift memorial outside the supreme court. ginsburg leaves behind two children, she was 87 years old. we're now going to bring in ilio shapiro, director of the robert a. levy enter iser for constitutional studies and author of the upcoming book " supreme disorder" judicial nominations and politics of america's highest court welcome to the show, thank you so much for being here and that sounds like a fantastic book definitely going to check that out but first and foremost your thoughts on the passing of justice ginsburg this morning. >> thanks very much i wish it could be under happier circumstances. when thinking about ruth bader ginsburg's legacy, it brings us back full circle to her nomination, in june 1993 when president clinton highlighted three reasons why he picked her first her distinguished judicial career, second her litigation project, which people compare her to marshall of the women's legal movement and in fact that's how justice scalia described her in writing a tribute in time magazine five years ago and third her ability to build consensus as a moderate liberal that was her reputation going on to the court so much so that during her confirmation hearings , abortion where she was thought to be insufficiently supportive, if you can believe it she had questioned the supreme court's decision as being responsible for the continued political cooperate rosenstein jersey over abortion. now given that she's become a legal giant and progressive hero , it's amazing that anyone once doubted her on those commitments and of course, now, the supreme court becomes as big an issue in 2020 as it was in 2016. pete: it feels like we're a world away from her 96-3 confirmation and your book is called "supreme disorder." are we headed for that? is this going to make what happened to justice kavanaugh as i mentioned earlier look like flag football? what happens next and what type of pick would you like to see the president make? >> well we've been here for a while. its been a gradual process it's not like there was some switch flipped with kavanaugh or before him with gorsuch or what happened to garland, or clarence tomorrow as thomas, or even robert bourke. politics has long been heart of the tammy bruce it nation confirmation battle and what's different now is that you have divergent interprative theories that map on to partisan preferences at a time when the parties are more ideologically separated and sorted than at least since the civil war so there are not going to be any easy fixes. the court is so important and decides so many issues and that's why there's that battle over every seat. what is president trump going to do? well its been leaked to the media that he plans to appoint someone in coming days. he has this list of 44 people, really more like 30 something who are young enough to be considered and mitch mcconnell said that he's going to have a vote on that, left himself an opening about whether that vote be before or after the election. i mean it's a crazy time, and if one thought that you couldn't get anymore toxic and disordered than after the kavanaugh hear ings, well 2020 has something new for you. pete: before the fight turns to who the nominee is theres going to be a fight in the very mid-term about when the nomination comes and i want to ask you whether or not it's appropriate and what the standard is for nomination in an election year. we know that mitch mcconnell has said in the past not during election year but he's clarified and said at that time in 2016, when the senate is in the opposition party. this time, the senate and the presidency are aligned with the same party. is there any law, any rule, even any norm that would reveal hypocrisy should the president or republicans put a nomination before the election? >> well look i'm a constitutional lawyer. i'm not going to give mitch mcconnell political advice, but history shows that when there have been election year vacanc ies, every time the president has made a nomination, some of those have been successful, some of those have been unsuccessful. generally the successful ones are when the same party controls the white house and the senate and the unsuccessful ones is when you have that divided government. beyond that, there's no law, there's nothing in the constitution about it. it's a political judgment and certainly, something that mitch mcconnell will have to think about and other republican senators is if there is a confirmation whether now or before the election, will the democrats then court pack adding at this point it would have ton four more seats to preserve or create a new majority. those are the political stakes but again this is all about political power. this is not about law, or norms , in history. there have been confirmations on election years. will: right. jedediah: well thank you so much for joining us today fantastic insight definitely going to check out that book and this conversation is only going to heat up in weeks to come so we'll have more on that definitely. we'll turn to headlines for you now because protesters are returning to portland streets overnight after pausing demonstrations for more than a week. police declaring an unlawful assembly after protesters gather ed outside the ice building 11 people were arrested some of them facing charges for throwing objects at police. the protests were paused due to poor air quality from the west coast while wildfires and president trump and democratic presidential nominated nominee joe biden taking jabs at each other while campaigning in minnesota. >> in the midst of this unprecedented national crisis trump has given up on even pretending to do his job. president trump: sleepy joe will turn minnesota into a refugee camp. think of it, 700% increase, so you aren't happy now? >> i don't know how to do the job of being president, it's pretty clear. president trump: the truth is he's not fit to be your president. >> [applause] president trump: he's not mental ly fit. jedediah: president trump telling voters he plans to keep restrictions on refugees. it comes after biden proposed to raise the president's cap on refugee admission to 125,000. meanwhile biden making a plea to the carpenter union emphasizing his plan to boost american manufacturing. those are your headlines pete. pete: yup, minnesota the new swing state. we're going to toss it over to rick reichmuth whose got some weather for us rick good morning rick: good morning, guys i wonder if you saw the sunsets this week that were a little bit hazy. well take a look at this a lot of smoke out across across at least the western half of the country some making its way towards the eastern half of the country and we'll keep watching that because fire conditions remain really bad across a lot of the west. couple other things we're watching hurricane teddy moving off towards the canadian maritimes getting close to bermuda and make the seas very rough across the eastern coast of the u.s. really good surfing conditions but also flooding during high tide cycles and also watching a cool down in the air this morning and that cold air by the way this week gets down through florida so a big improvement to your weather and then we have one more tropical storm we're watching this is beta becoming a hurricane flirting with the texas coast and bringing a lot of rain across areas of louisiana that don't need any more rain a month after they were hit a lot of people still working on that cleanup, all right guys back to you. will: rick thanks load up griff jenkins there's waves coming. joe biden is answering softball questions at his town hall but decided to side step went asked if russia and china are our enemies former cia analyst addresses that next. i wanted more from my copd medicine, that's why i've got the power of 1,2,3 medicines with trelegy. the only fda-approved, once-daily 3 in 1 copd treatment. ♪ with trelegy and the power of 1, 2, 3, i'm breathing better. trelegy works 3 ways to open airways, keep them open, and reduce inflammation for 24 hours of better breathing. trelegy won't replace a rescue inhaler for sudden breathing problems. trelegy is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. think your copd medicine is doing enough? 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>> look, we now have a larger trade deficit with china than we've ever had with china. i view kind of as a competitor, serious competitor that's why i think we have to strengthen our relationships and our alliances in asia. will: opponent and competitor, buck what's your reaction? >> well they're definitely opponents and certainly in the economic side china is a competitor. i would say these are opposition al forces to the world order but also to the u.s.-based world order but i would say that china is in a different category and i think it's fascinating that democrats because we're in an election cycle pretend that russia is somehow a similar geo political concern for us and that's fantasy land stuff that they haven't given up even though the mueller probe showed us there was no collusion china is an order of magnitude greater as a consideration to the u.s. , from a national security -- pete: buck is biden compromised on china. why can't he just call them what they are? >> well biden has been wrong about everything in foreign policy including from people on the left who actually pay attention to this , for about the last 35 years or so. in fact he's really useful because whatever he says, we should do, all you have to do is the opposite and chances are, biden will lead you in the right direction by being so wrong, so this is a guy who just go to a major issue, and he would have to revise his history on it and on china, look, he was part of what we saw at the obama administration where they were just bowing to china doing nothing to pushback on the left of intellectual property. will: all right let's not wait another 10 years for another reunion, buck sexton, pete hegseth and myself we'll do it again guys. pete: thank you, buck. >> thanks so much. will: still ahead one actress is going against the hollywood grain, pledging her support for president trump and blasting the far left mob for silencing conservatives, that's next. >> ♪ ♪ you're strong. you power through chronic migraine - 15 or more headache days a month, ...each lasting 4 hours or more. botox® prevents headaches in adults with chronic migraine. so, if you haven't tried botox® for your chronic migraine, ...check with your doctor if botox® is right for you, and if samples are available. effects of botox® may spread hours to weeks after injection ...causing serious symptoms. alert your doctor right away, as difficulty swallowing, ...speaking, breathing, eye problems, or muscle weakness... ...can be signs of a life-threatening condition. side effects may include allergic reactions... ...neck and injection site pain... ...fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions... ...and medications, including botulinum toxins, as these may increase the risk of serious side effects. 95% of patients may pay as little as zero dollars for botox®. so, text to see how you can save. botox® has been preventing headaches and migraines before they even start for 10 years. so, ask your doctor about botox® today. ♪ i got it all from you ♪ i'm always pushing through ♪ i know we'll make it to the finish line ♪ ♪ i know you're waiting on the other side ♪ ♪ i'm like you on-demand glucose monitoring. because they're always on. another life-changing technology from abbott. so you don't wait for life. you live it. jedediah: you know her from hit tv shows like the oc and now actress samira armstrong is going against the hollywood grain and pledging her support for president trump. she joins us now, welcome to the show. it's great to have you here. you have been very outspoken in your support for president trump you said you voted from last time around you're going to do so again. tell us why. >> yes, absolutely. and you know by the way i've only been very outspoken as honestly the last two weeks in more than that, the last few days. there's a narrative that's pushed in hollywood and i think other industries that, you know, if you are to vote for trump you are racist and a bigot, and we've been operating under that in silence, we've been suppress ed and you know, i'm an independent, but i take the time to look into the facts and see what's going on and it's quite clear to me that the people who are in politics as a business as a form of making money are not the ones that we want to represent us in our lives, and trump, you know, i hate to say it but i don't think he can be bought and also, the fact that he has filed bankruptcy, to me, and speaks to his american values that we hold that we should hold. jedediah: yeah, samaire, let me ask you why speak out now what made you feel like now was a time to make your voice heard? >> because hopefully in the next i guess under 50 days we're going to be having a presidential election, and if not now then when. we've been silenced long enough that someone had to come out and speak for the silent majority. i was looking around seeing if someone else was going to do it and it seems as if nobody was and i think more than anything the importance of our freedom of speech is what should be addressed here, because we're not communicating all of the absurd things going on right now. we're not allowed to look at the lies and say hey this is wrong, without being associated with as a racist. i get those messages all the time. jedediah: i hate to interrupt you but you're in hollywood. has there been pushback to what you've said from hollywood? >> there would have been pushback if i asked for approval but i haven't, and i don't think anyone else should either and that's why i'm speaking out, because everybody should stand up and talk about it. i don't really care what hollywood has to say. i don't think that anyone else does either quite frankly. hollywood is obviously become a sham for the far left radical movement and democratic party. jedediah: well some very brave statements you've just made both statements for sure, thank you for being here and talking with us today. >> yes. jedediah: thank you so much we ran out of time but we appreciate it. we'll have more on fox & friends coming up moments away. >> ♪ ♪ from prom dresses... ...to soccer practices... ...and new adventures. you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past... they may be missing vaccination for meningitis b. let's help protect them together. because missing menb vaccination could mean missing out on a whole lot more. ask your doctor if your teen is missing meningitis b vaccination. look, this isn't my first rodeo and let me tell you something, i wouldn't be here if i thought reverse mortgages took advantage of any american senior, or worse, that it was some way to take your home. it's just a loan designed for older homeowners, and, it's helped over a million americans. a reverse mortgage loan isn't some kind of trick to take your home. it's a loan, like any other. big difference is how you pay it back. find out how reverse mortgages really work with aag's free, no-obligation reverse mortgage guide. eliminate monthly mortgage payments, pay bills, medical costs, and more. call now and get your free info kit. other mortgages are paid each month, but with a reverse mortgage, you can pay whatever you can, when it works for you, or, you can wait, and pay it off in one lump sum when you leave your home. discover the option that's best for you. call today and find out more in aag's free, no-obligation reverse mortgage loan guide. access tax-free cash and stay in the home you love. you've probably been investing in your home for years... making monthly mortgage payments... doing the right thing... and it's become your family's heart and soul... well, that investment can give you tax-free cash just when you need it. learn how homeowners are strategically using a reverse mortgage loan to cover expenses, pay for healthcare, preserve your portfolio, and so much more. look, reverse mortgages aren't for everyone but i think i've been 'round long enough to know what's what. i'm proud to be part of aag, i trust 'em, i think you can too. trust aag for the best reverse mortgage solutions. call now so you can... retire better >> we've been great buddies for a long time but when did you meet and what were the circumstances? >> i bet he doesn't know. [laughter] >> we agree on a whole lot of stuff. >> ruth is really bad only on the knee jerk stuff. >> [laughter] >> as i was listening to him and disagreeing with a good part of what he said, but thought he said it in an absolutely captivating way. >> i think we should leave it at that. will: i know we live in a divided time. i know we're canceling each other and we're headed for a more divisive time but the relationship between justice scalia and justice ginsburg showed you don't have to water yourself down and compromise and play fake nice. you can be friends with people you dearly disagree with, this relationship, i believe, can be a model for this country moving forward. pete: that's why we've taken a moment to recognize the true trailblazersing legacy of justice ginsburg, this morning. agree or disagree with her, i certainly didn't really ever but ultimately you can acknowledge what she fought through to provide more opportunities to women. tomorrow turn on the channel tomorrow morning we'll be talking about the political implications and the battle but today, we remember her life. jedediah: just remember it's all a conversation. even when we disagree on this show that's what it's all about. you don't get answers, or get the solutions, unless you really talk things through that's what we're here to do. that's what we all should be here to do, so we thank you so much for joining us today, for joining us every day and we'll see you back here tomorrow will: have a great saturday. jedediah: thanks so much. neil: she was 5-foot 1, 100 pounds soaking wet but a power brain, a force of nature unto herself and now, ruth bader ginsburg is gone. dead at 87, and it has turned the political world upside down, probably much as she expected it would. we don't know what happens next, this much is very very certain, the political environment has changed over the last 12 hours. now what happens? welcome, everybody i'm neil cavuto. you're looking at the seat outside the u.s. supreme court right now where they're remembering this force o

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