s&p futures up to. nicole: japanese text on a 31% and in china to shanghai composite done a 10th of 1%. drinking stocks to watch include disney and general motors big investors focus on subscriber growth and gm investors looking for a record-breaking quarter. lauren: amazon wants to start grocery stores and employs a fleet of robot. nicole: and sports, and over time thriller beat the washington wizards. in hockey, but the philadelphia flyers spirit will rule the highways. trend three welcome to "fbn:am" cover your first look at morning markets in the latest breaking news. nicole: the legal battle goes before a federal appeals court today. the ninth circuit court of appeals will hear arguments from the government and states doing tram. white house counselor kellyanne conway defended the ban on lou dobbs tonight. >> we are confident we will prevail. the ninth circuit is tough, but as you say, presidents have very broad authority, but also ended duty to keep their nation safe. that's the president trump is trying to effectuate here. train to washington state in minnesota which they trump last week said yesterday rescinding the ban would unleash chaos again. the court will hear arguments at 6:00 p.m. eastern time and the idea will be streamed out five. the justice department says the president executive order was well within his authority. the latter was likely and before the supreme court. lauren: democrats as an all-night talkathon against betty devos. the overnight session and you're looking at live pictures now aimed at getting of this former republican to oppose devos. as it stands now, there could be a 50/50 tie. that would mean vice president mike pence it have to break it. that is something very rare. a confirmation vote could come in today. i'll frank in saying someone is not the right person for education secretary. >> the constitution gives us the power to reject cabinet nominations specifically so they can prevent fundamentally ill-equipped nominees like betty devos from assuming positions of power for which they are not qualified. let's do our job. lauren: devos expect it to ultimately win approval in the senate. nicole: bill o'reilly in an exclusive interview that mexico has a problem with drug cartels in this country and is offered u.s. assistance. >> we've got a problem. don't forget those cartels are operating in our country and they are poisoning the youth of our country. by the way, countries all over the world just so you understand. nicole: the president responding to reports last week that he would address trips to mexico to track all the drug gangs. also about to build a wall along the southern border. also another look at the north american free trade agreement. lauren: in u.s. officials told fox news that iran successfully launched by the angst surface-to-air missile sunday. they are used to do aircraft and incoming ballistic missiles that are part of the military exercise. last week and national security adviser michael flynn said the u.s. is putting on notice for testing ballistic missiles and an exclusive interview with the president, bill o'reilly asked trump about a man. >> let's talk about iran. your assessment. you think we are in a collision course with the country? >> the worst you have ever seen negotiated. the deal made by the opponent administration. it's a shame that we've had to deal it that if i had this idea like that and there is no reason to do it. if you're going to do it, have a good deal. lauren: iran said no enemy can can -- iranians will shut their response to trump for a on friday's anniversary of the 1979 revolution. nicole: president of making their first visit to central command. the press and urged nato members to meet their financial obligations. blake burman has more. >> resident trout visited the cia. department of homeland security and defense department. monday he headed the u.s. central command. the president holding a special operation at mcgill air force base. he also met with members of the armed forces. resident trout rallied to build a military while also asking nato members to open up their checkbooks, too. >> will make an historic financial investment in the armed forces of the united states. we strongly support nato. we ask that other nato members make their full and proper financial contribution to the nato alliance which many have not been doing. reporter: the president briefly addressing the legal battle surrounding his executive order and extreme fighting, saying we need strong programs. back to you in new york. lauren: blake burman, thank you. global market action overnight. in japan indicate down a 31%. in china, shanghai to attend the 1% and hong kong hang seng down 10th of 1%. checkout was going going on in europe. all of paris. the cac up one 10th of 1% in 10th of 1% of friends. none of the half of 1% and german dax up half of 1% good trade to dallas and s&p at the third highest levels. we've gone 40 days without a move of 1% in either direction for the dow. that's something we haven't seen it two in a half years. dow futures up a quarter of 1%. similar percentage gains for the other market right now. nicole: a look at commodities, down 15 cents. gold right now down a bug. this article of yesterday gaining $11 of three consecutive sessions. you can see it is stronger versus all the currencies this morning. nicole: the 10 year bond yield at this but looking at 2.41%. lauren: while disney watching today. analysts looking for slightly higher revenue. the first-quarter results after today's close helped by its latest animation movie. also an update perhaps on reports that disney ceo robert baker makes in his tenure for a third time. fourth-quarter results and shares of gap rally more than 2% after the company said it expects to top profit targets for the year following stronger than expected sales over the holidays. nicole: nordstrom and neiman marcus have stopped selling avon grove trump products. writes recently told a customer that macy's is in the process of dropping the ivanka tribe apparel line. the brain is continuing to expand. almost all of ivanka tribe merchandise has been drastically marked down. nordstrom and neiman marcus stopped caring the ivanka tribe line after the grab your wallet campaign which calls for a boycott of retailers carrying ivanka trumper donald trump virgin dies. lauren: amazon reportedly planning to open a giant supermarket run by robots. the new post as the two-story automated groceries toward its going to be staffed by human beings, but only three of them. amazon has previously denied doping at the supermarket after amazon recently unveiled its amazon go convenience tour. a futuristic story uses high-tech sensors and intelligence and does not have a cashier. nicole: 30 year nasa veteran mark moore to be as director of engineering. they were then flying cars. they won't have cars pick you up and take you to the residential neighborhoods. then passengers aboard a flying car and be whisked to their next destination. we will see several cars in the next one to three years. problems like noise pollution, vehicle efficiency and limited battery life have to do so. lauren: flying cars. today's edition of "the wall street journal." warning signs mounting for sears. reaching new highs, signaling concerns about the retailer's future despite recent is to raise $1.5 billion. firms struggling to contend with reinvigorated protested that i think companies brace for more protests by activists upsetting industry excitement over president trump pipelines. until basking in the afterglow of the super bowl a show launched by drugs. the company scored a major pr victory during the sunday halftime show showing a 300 turns displayed the american flag across the sky. look at that as the lady gaga sang a medley of patriotic songs. no politics of mr. super bowl. trained jedi was beautiful. obamacare may be pushed back. >> originally we were going to wait for their retreat. now we are waiting for march. a recurrent flair for august? nicole: at obamacare of jay flores. all patriot fans let it rain on their parade? janice dean will have that forecast. nicole: u.s. stock market futures this morning. s&p futures up for. nasdaq futures at 10. you are watching "fbn:am," your first look at morning markets and breaking news. ♪ lauren: good morning. 5:13 a.m. in new york or donald trump's travel ban will be tested in court today. the ninth circuit court of appeals will hear arguments on whether the ban is lawful. washington state in minnesota which to trump last week said yesterday presuming the ban would unleash chaos again. the matter could likely and prefer the supreme court. the senate does today on the nomination of f. c. devos for education secretary. senators pulled an all nighter on the floor in opposition to devos. as an outcome that they are one vote shy of defeating her. mike pence is set to cast the tie-breaking vote. disney and general motors on the earnings calendar today. disney reports after the close. investors want to know more about bob acres retirement plan. we will hear from general motors before they open today. for the could result to cap a record year for the largest u.s. auto maker. as for stock futures, we see a paris across-the-board. s&p up for in half, nasdaq up 10. that's a look at what's happening now. nicole: republican lawmakers move ahead on their efforts to repeal obamacare. president trump said the replacement plan could take until next year. james rosen in washington with the very latest. >> in a super bowl sunday sitdown with bill o'reilly, president trump punted way down the field. >> maybe we'll take until sometime in next year. >> rendering previous promises like this one. >> as soon as her secretary is approved and gets into the office, we will be filing a claim. reporter: -- >> or would like >> or that tuesday by the end of the year. we should have something within the year and following year. >> nominee for health and human services tom price is still several days away from a confirmation vote. even farther away is the nominee to run the centers for medicare and medicaid services has not yet had a confirmation hearing. house speaker paul ryan has said last week he wants to move legislation by the first quarter of 2017. this week and he sought to reassure the republican base at the conference is not looking simply to improve the existing law. >> you have to repeal obamacare patient centered health care and that's how you prepare the health care system. somewhere along the line there is confusion we were going to take the obamacare architecture and tinker at the margins and repair it. you can't. it is a collapse in law. >> the same group of upstart gop lawmakers who help john boehner has stirred concern. >> originally we were going to wait for their retreat. now we are waiting for march. are they going to wait for august? i certainly hope not. >> innings to take basis congress. reporter: at a subcommittee hearing, democrats ridiculed colleagues for blasting obamacare for seven years without having a system ready to go now. >> every day their timeline changes in all they know so far is create chaos and uncertainty among patients and insurance companies. >> speaker rentals foxed established in a white trump told bill o'reilly, congressional republicans so what was the object -- but having said they intended to love at the end of spring. lauren and nicole. translate that information. nicole: in sports, the cleveland cavaliers beat the washington wizards. the st. louis and st. louis buyers. and in boston. >> he's a legend now. just made super bowl history. lauren: it could be a wet, cold pervade for patrts fans, but that won't stop them from dancing in the streets. we'll have the forecast for you today. you are watching "fbn:am," your first look at morning markets and breaking news. new spot afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine. the north and the south are mine. all seems beautiful to me. [ alarm weather.eping ] ♪ [ laughter ] cartoons. wait for it. [ cat screech ] [ laughter ] ♪ [ screaming ] [ laughter ] make everyday awesome with the power of xfinity x1... hi grandma! and the fastest internet. [ girl screaming ] [ laughter ] train to now look at the latest in a world of sports. an amazing game between the wizards and cavaliers. 10 seconds ago. lebron james at the chance to take the lead. he misses the open my. three seconds flat. kevin love to assist tom brady impression that boosted deep pass. lebron catches the ball and throws up a prayer. prayer is answered. what an amazing shot. that will go viral. under a minute left in overtime. lebron launches the clutch three-pointer. they go on to win out 1140-135. under two minutes ago, russell russell westbrook moves around the corner and is under downwind. less chance of the thunder with three misses. a good first impression from the st. louis on the breakaway. scores his first goal as the blue help to be three to zero. he was just called up to the minors yesterday. jumping for joy after that score. lauren: in the first-ever overtime super bowl. later on for the players with the cheering fans holding it up high. hundreds showed up to show their appreciation for the amazing went sunday night. the real celebration kicks off 11:00 this morning. preparations underway for the big parade in downtown boston and tom brady and histogram goes i hereby declare a citywide holiday that stands in the street. nicole: winter storm causes of travel problems. janice dean in spite of the weather center with her tuesday forecast. good morning. reporter: good morning. if tom brady is watching we will see some rain, freezing rain and light on that parade but i don't think it will dampen spirits. just be careful. rain moving into the big cities across the i-95 corridor. this is nothing yet. if this yet. it describes the subway are watching tomorrow, wednesday and thursday that could bring measurable snow along the big cities. let's take a look at the future radar. the first system will see that mixture of freezing rain and sleet and snow. this is our next one. wednesday night into thursday. thursday morning around this time we can see considerable smell from d.c. up towards boston. this could be a big event so something we are going to watch wednesday night into thursday. could disrupt travel. back to you. nicole: thank you, janice. a big dance versus federal appeals court had set with controversial temporary travel ban order. >> the president is confident he will prevail and even has constitutional authority to protect the homeland. lauren: will have the latest on that. disney is the big report today. the focus on subscriber growth at espn. are they still cutting their course? we'll tell you what to expect. you are watching "fbn:am," your first look at morning markets and breaking news. ♪ nicole: breaking news this morning. the trump administration has a big dance card as an appeals court is set to hear oral arguments for and against a temporary emigration travel ban. good morning. i am lauren simonetti. train to good morning. i am sad day. today's confirmation vote for education secretary betty devos. >> blowback driven by corporate earrings and waiting for the latest policy moves from the white house and congress. something 19 points yesterday, getting that back this morning. a futures up 45. nicole: benny k. dropping one third of 1% in china. the shanghai composite index down one 10th of 1%. lauren: disney and general motors. investors focus on subscriber wrote at espn and gm investors focus on what could be a record-breaking quarter. nicole: amazon wants to start grocery stores that employee robots. lauren: in overtime thriller in d.c. at the cleveland cavaliers beat washington wizards and hockey st. louis blues and the flyers. we love highlights. nicole: 5:31 a.m. in new york. we welcome you to "fbn:am." it is february 7th. the first look at today's markets in the latest breaking news. nicole: lauren: the legal battle over the temporary travel ban goes before a federal appeals court today. the ninth circuit court of appeals in san francisco will hear arguments from the federal government and states suing tribe. white house counselor kellyanne conway defended the ban on lou dobbs today. >> we are confident we will prevail. when at the is tough, but as you say, presidents have broad authority, but also a duty and responsibility to keep their nation safe and that's the president trump is trying to effectuate here. nicole: washington said of minnesota said yesterday resuming the band would unleash chaos again. the courts will hear the argument of 6:00 p.m. eastern time and the idea will be streamed outside. justice department says the executive order affecting the seven mostly muslim countries was well within his authority. the matter likely could go while the way to the supreme court. nicole: democrats with an all night devos for education secretary. indicating at least one more republican. i became wealthy gop donor. a tie would have to be broken by vice president bank prints. confirmation could come at noon today. minnesota senator al franken say in devos is not the right person for education secretary. >> the constitution gives us the power to reject specifically so they can prevent fundamentally ill-equipped nominee is like that see devos from assuming positions for the power for which they are not qualified. let's do our job. nicole: devos expected to ultimately win approval in the senate. lauren: trump telling bill o'reilly in an interview that mexico has a problem with drug cartels in his country and he has offered u.s. assistance. >> we have got a problem. don't forget the cartels are operating in our country and they are poisoning the youth of our country. by the way, countries all over the world just so you understand. lauren: he told mexico's president in a phone call last week that he would send u.s. troops to mexico to tackle the drug game. he's out to build a wall along the southern border and take another look at the north american free trade agreement with mexico and canada. nicole: despite a wine from the trump administration last week, two u.s. officials told fox news that iran successfully launched surface-to-air missiles on sunday. officials say the missiles are used to down aircraft in incoming ballistic missiles. they're a part of a military exercise. last week national security adviser michael flynn said the u.s. is putting iran on notice protecting ballistic missiles. in his interview with president trump, bill o'reilly asked the president about iran. >> let's talk about iran. your assessment. do you think we're in a collision course within the united states at that country? >> is the worst he had ever seen negotiated. the deal that was made by the obama administration. it is a shame that we've had a deal like that and have to sign a deal like that. there is no reason to do it. if you're going to do it, have a good deal. nicole: president trump today saying the enemy can paralyze the iranian nation. he also said iranians will show their response to trump writes in friday's anniversary of 1979 revolution. lauren: president trump making his first visit to u.s. central command in his speech. huge nato members to meet their obligations. experiment with more. >> president trump has visited the cia, department of homeland security and defense department. monday he headed the u.s. central command. the president holding a special operation at the air force base. he also met with members of the armed forces. president trump going to build up the military while also asking nato members to open up their check books, too. >> will make it historic initial investment in the armed forces of the united states. we strongly support nato. we only ask that other nato members make their full and proper financial contributions to the nato alliance, which many of them have not been doing. reporter: the president briefly addressing the legal battle with this executive order and extreme fighting we need strong programs get back to you in new york. nicole: thank you about blake burman. let's get caught up in a global market action. down aeros yesterday and asia taken i.q. shanghai composite index down a 10th of 1%. they can japan on one third of 1%. hong kong hang seng down fractionally. lauren: let's see how stocks in europe are trading this morning. the ftse in london up half of 1%. cac at the 10th of 1%. a couple to point out with grace or suspended. shares down more than 5%. bp shares. great earnings report, but missed the number. nicole: u.s. stock market futures this morning. in your pc and managing financials lower. dow futures at 38. s&p futures lady gaga. the nasdaq is up it right now. lauren: and commodities, gold prices hit a three-month high earlier. thirty cents. oil is down 12 cents. 52.89 a barrel. nicole: a strength for the dollar across the board. the euro, u.k. time, mexican peso and the japanese yen on weaker against the greenback this morning. lauren: the deal to buy for 1%. nicole: walt disney is one of the stocks are watching today. analysts look for slightly higher revenue with the first-quarter results after the closing bell. helped by his latest animation movie. we may also get an update on report to ceo bob eichert may extend his tenure for a third time along with a look at subscriber growth. earnings from general motors before the opening bell and opening bell in the company's fourth-quarter results expect it to cap a record year for the largest u.s. auto maker in shares of gap rallying more than 2% after the company said it did for the year. stronger-than-expected sales during the holiday quarter. nicole: ensign w. chiat supermarket run by robots. the automated grocery store will have human beings there, but only three of them. amazon has previously chatted oneself at the grocery store but this report comes back as the company recently unveiled their version of a convenience store called amazon go. futuristic stories and sensors and artificial intelligence. it does not have the cashier. nicole: buberting serious about developing flying cars. hiring nasa veteran mark moore should be as director of engineering for aviation. more left in order to work for buber, they were regular cars to pick you up and take you to nearby and that passengers board a flying car and be whisked to their destination. we will see several flying cars in the next one to three years. problems such as pollution of a vehicle efficiency in limited battery life. lauren: but with the faa said? nordstrom and neiman marcus has stopped selling ivanka trump products. business reporting a customer service representative recently told a customer bases in the process of dropping the clothing line. representative for ivanka trump says it is continuing to expand. other merchandise drastically marked down. the campaign called grab your wallet called for a boycott of retailers carrying ivanka trap. >> a look at the headlines in today's edition of "the wall street journal." morning kind but the cost of insuring holding bonds have reached new highs. the retailer's future despite recent moves to raise more than $1.5 billion. papering firms struggle to contend with reinvigorating protest offsetting industry to remove the dakota access pipeline projects. the afterglow of the super bowl light show. the company scored a public relations victory during sunday's halftime extravaganza, showing off 300 drones, displaying the american flag spread across the sky beautifully i lady gaga sing a patriotic song. lauren: wife behind the warning football players to stay away from ccago? >> we are putting our bodies on the line. taken care of in the long term. lauren: new england patriots fans let it rain on their super bowl parade today? janis ian has the answer coming up. we are seeing a rebound this morning. i futures higher by 37 points. nasdaq up a .5. you are watching "fbn:am," your first look at morning markets and breaking news. ♪ what powers the digital world? communication. like centurylink's broadband network that gives 35,000 fans a cutting edge game experience. or the network that keeps a leading hotel chain's guests connected at work, and at play. or the it platform that powers millions of ecards every day for one of the largest greeting card companies. businesses count on communication, and communication counts on centurylink. ♪and i ♪i will always love you, i ♪i will always love you ♪i hope life treats you kind ♪and i hope you have all you've dreamed of♪ ♪and i wish you joy and happiness♪ ♪but above all this i wish you love♪ ♪and i will always love you ♪i will always love you, i ♪will always love you ♪i, i will always love you, i...♪ nicole: good morning. 5:45 a.m. president trump's travel ban will be tested in federal court today. the ninth circuit court of appeals will hear arguments on whether the ban is lawful. washington state of minnesota said yesterday that resuming the band would unleash chaos again. the matter could likely and. the senate does today in the nomination but that's a devos for education secretary. democratic senators pulled an all nighter and opposition. as an outcome that they are one vote shy of defeating her. vice president might insist that to cast a tie-breaking vote. disney and general motors on the calendar for today. disney reports that investors want to know more about the retirement plan. we will hear from general motors before the market opens the fourth quarter results are yet to cap a record year for the largest u.s. auto maker. u.s. stock market futures after the selloff yesterday. the dow has not moved 1% and 40 trading days. it really shows you the uncertainties. right now the dow was up 39. s&p futures lady gaga. nasdaq update end quote the highest level since november 10th. lauren: the nfl warning football players to stay away from the chicago bears. after the state of illinois said it's considering ending for pro athletes over 35 years old. jeff flock has details. >> the studio labor to fall in your head right now sitting your hair on fire and ending your tv career. that would be age 67. professional athletes also eligible for workman's comp is 67. the state of illinois says pro football players careers are much shorter. most professional athletes careers averaged only two to four years long. we are not talking about tax dollars here. we are talking about private entities football team is worth between two and $3 billion this would amount to more money in the pockets of the owners. to quote an attorney, more money for the owner of the bears. a bunch of lucky folks because that who did not do more than important that the last thing the ownership of an nfl team. the executive director of the nfl players association says he will tell every potential free agent player if this bill passes do not come to the bears. also beware illinois, if you do pass this measure, california did the same thing a few years ago. in two weeks prior to the act taken effect, hundreds of claims filed by workers compensation and pro basketball and hockey teams. in the hundreds. beware of bad onslaught that they are still wading through. claims were filed by a whole number of athletes. everybody from dan marino as the miami dolphins to jim palmer. the houston rockets as well as players who are not big stars. while the teams argue our cost of the compensation going up, the players are putting their bodies on the line. maybe we have to be taken care of over the long term. can see both sides of the story. back to you. lauren: unbievable. thanks, jeff. nicole: the cleveland cavaers beat the washington wizards. in hockey, the st. louis blues beat the flyers. we will have all the highlights for you. in boston. >> tom brady is awesome. he's a legend now. first overtime best comeback ever. nicole: it could be a wet cold parade for patriots fans. that probably won't stop them from sharing. forecasts for the super bowl parade. you are watching "fbn:am," your first look at morning markets and breaking news. ♪ i've spent my life planting a size-six, non-slip shoe into that door. on this side, i want my customers to relax and enjoy themselves. but these days it's phones before forks. they want wifi out here. but behind that door, i need a private connection for my business. wifi pro from comcast business. public wifi for your customers. private wifi for your business. strong and secure. good for a door. and a network. comcast business. built for security. built for business. [ alarm weather.eping ] ♪ [ laughter ] cartoons. wait for it. [ cat screech ] [ laughter ] ♪ [ screaming ] [ laughter ] make everyday awesome with the power of xfinity x1... hi grandma! and the fastest internet. [ girl screaming ] [ laughter ] lauren: let's go to d.c. for an amazing game between the wizards and cavaliers. 10 seconds to go. lebron james had the chance to take the leap. sports is all about redemption. three seconds left. there is good to pass answer is that the player. and throws up a prayer and that prayer was answered. sending the game into ot. that one will go viral. under a minute left in overtime. lebron has stalled out and launches the clutch three pointer to give the lead. they go on to win 140-135. down to the wire between the sender and pacers. russell westbrook goes around the corner with his left hand. paul george drains the jumper. last chance for the thunder. westbrook to three business days. they win 93-90. good first impression from kenny augustine out. on the breakaway he scores his first goal. just called up from the minors yesterday. jumps for joy after the score. causing some travel problems. janis ian mai from the fox weather center. good morning. reporter: a big parade in boston happening. cloudy right now but we'll see a wintry mix later on. time is 11:00 a.m. bring it out. unfortunately forecast temperatures and greater you can see the storm system moving in. a bit of a break and on wednesday night they could bring measurable snow from dcf towards boston. that is something we will watch for travel delays on thursday. the west coast also getting rain and snow could see upwards of four to six inches of heavy rain across the california coastline after his washington state and feet of snow. this is a big deal for them. flooding concerns, avalanche concerns and travel disrupted through midweek. other big stories. very warm temperatures across the southern plan in the northeast over the next couple days. we'll keep you posted. lauren, nicole, back to you. lauren: and emotional surprise reunion at the new york stock exchange. that story next. when you have something you love, you want to protect it. at legalzoom, our network of attorneys can help you every step of the way. with an estate plan including wills or a living trust that grows along with you and your family. legalzoom. legal help is here. bp gives its offshore teams 24/7 support from onshore experts, so we have extra sets of eyes on our wells every day. because safety is never being satisfied. and always working to be better. nicole: a happy reunion on the floor of the new york stock exchange. gathering to present a flag that has flown in iraq there. iraq there appeared to start a family member erica paige thought she was there to represent her husband, army staff sergeant chris pages serving in germany. while she was being interviewed, she got the big surprise reunion with her husband. they've been apart for a year. their first year of marriage he was away in iraq and she turns around and says i love you, proud of you and he was right there. it is beautiful. lauren: it's tough that first year. thank you everybody for watching "fbn:am." we are looking at a perez. s&p up for, nasdaq up 9.5% after small to clients yesterday. gold putting in a nice performance down a time but it did hit a three-month hike is in the morning. but down at of 52.85. nicole: disney come up america and the gm trying to find direction. it's worth noting our editor that has been moved 1% since december 7th. those 40 days. looking for clarity. looking for clarity in the new administration. maria bartiromo through the next couple hours of trading. >> good morning. thanks for being with us. i maria bartiromo. happy tuesday. it is tuesday february 7th. 6:00 a.m. on the east coast. defending the so-called travel ban and defy them last night, the president has the broad authority to decide who can and cannot come into the united states. president trump telling our troops yesterday by this kind of policy is needed.