Watch this market move according to the likely vote count. There is one positive from politics. Judge gorsuch had a solid performance for the Supreme Court and likely to be approval and its approval that investors want. One more headline, please, sears is definitely in the retail ice age. It says there is substantial doubt it can stay in business. How about that . Varney company is about to begin. You are a no on this. Do you know how many other nos are out there . There are more conservatives. There are 30 or more no votes for conservatives and 10 to 20 other moderates. Stuart that was House Freedom caucus members, there may be as many 50 House Republicans who will vote against the g. O. P. Health bill tomorrow. Liz peek is here, if you listen to that, they dont have the votes. I say this is make or break for the presidency shall the agenda, the Republican Party. What say you. And the country. Lets not forget the country here. Theres a reason were trying to get rid of obamacare, its hurting the country in terms of driving premiums so high, theyre losing their insurance and the effort to gain more jobs. Its do or die of the president , a test not only of his agenda, but his ability to move the agenda forward. He has been strong arming republicans to get the votes and by the way, the last read i heard on this is more like 24 of the House Freedom caucus group that wasnt going to vote for this bill. I dont think its quite as high a number as bratt is talking about. Stuart 24 hours of horse trading and sharp elbow politics. Theres a lot of that and i think there will be on medicaid, older americans, issues that are very important for moderates and also some of them that were important for conservatives. This has got to pass. Stuart now, i think that yesterday, where stocks turned in their worst performance of the calendar year. Yesterday was a taste of things to come if we get a no vote tomorrow night. Investors just dont like the uncertainty surrounding tomorrows vote. Down 230 yesterday. We will be down a little bit more, the opening bell today, off about 30, 40 points maybe, but down at the opening bell. Retail ice age, thats our expression, sears and kmart say there is, quote, substantial doubt that they can stay in business, the stock premarket is down 12 . You know, we put sears on death watch not too long ago, we were right. Ashley it feels like theyre doing the same thing itself. If you read the statement, its poor reading. Theyve got to borrow money or sell stuff real estate to keep the inventory in the stores. Theyre circling the drain and looks pretty grim. Stuart i dont think theres that much value in the real estate that sits under a sears store. Liz no, the market has priced that in already. And you see that in the price action. This is a 130yearold company and astonishing that this iconic brand is going down. They merged two struggling chains,sears with kmart and other problems as well. Youre exactly right, the model was to keep the business going to fund the real estate. Now that real estate is not valued, so its not working. Terrible. Lets get to the gorsuch confirmation hearings. Today, by the way, will be day three, thises my opinion, investors want gorsuch confirmed. They dont want the legislative scheduled delayed. Gregg jarrett is back by popular demand, ladies and gentlemen. Are investors going to get what they want . That is, is he going to be confirmed quickly on time . Its inevitable, a slamdunk. Hes not robert bourke. Originalism isnt the bogeyman like 30 years ago and gorsuch, unlike bourke, is the right messenger to deliver the right message. Hes unflappable as you pointed out, hes composed, really smart. Bourke was, too, but bourke was combative, arrogant and pompous and didnt help them and democrats back then, 30 years ago, cold the senate and here is the opposite. Theres a vote in the Senate Judiciary committee on april 3rd, a hard date for the vote. Stuart the way the vote goes on april the 3rd, is that reflected in the full senate vote that comes later . It absolutely is with this caveat, i mean, democrats may try to filibuster gorsuch, in the end i dont think they will. Even if they do, republicans, thanks to harry reid, can eliminate the filibuster with a socalled nuclear option. So, gorsuch is a done deal. Stuart hes in. Absolutely. Stuart investors dont care what kind of a justice he will be. They just want them in. They dont like uncertainty and theres a 44 Supreme Court. They need to lift the uncertainty. Stuart is this a case if you did get a no vote on the nominee, the market takes a hit . It would be devastating and speak to paralysis in congress and inability to get things done. Dont forget, as far as investors are concerned, judge gorsuch would have a say in labor laws, impacted, a lot of things before the Supreme Court that his vote will help decide that are important to investors. Stuart i misspoke, i think investors do care what kind of rulings judge gorsuch would hand down, i think they do. Yeah, i wouldnt necessarily assume that he is going to be a rock solid conservative at all times, as an originalist, he looks at the law and he ininterprets the constitution as the framers who wrote it meant it. Stuart so theres an element of uncertainty there . Absolutely it. , but it argues against overreach which a lot felt was a problem in the obama years and led to a lo the of the policies stacked up before the Supreme Court such as on immigration. Stuart thats politics. Thanks, everybody. We wrap that up. Got three hours to go on this. [laughter] so im going to switch gears. How about this, north koreas missile test reportedly a dud. Details . Ashley well, literally seconds after it launched, it blew up. And that is a dud. We shouldnt run that file video. Come on. Hes not going to have video of that. It was picked up on satellite and south korean and u. S. Authorities keeping track of this. Saw the launch, saw it explode almost immediately after the launch. This particular missile theyre testing has a minimum range of 1500 miles, but seven of the eight times theyve tested it, its exploded. More worrying is the monday testing of an engine that could be used as icbm which brings in another threat and has the u. S. And that part of the world really nervous. Stuart lets bring it back. The mayor of Los Angeles Garcetti is expanding protection for them. And ice with the government and dealing with illegal immigrants, also a push to possibly get an entire state to be a sanctuary state. The mayor agrees with that. Here is what theyre saying on the ground though, that the reports of sexual assaults and things like rape and Domestic Violence have gone down in Latino Community because theyre afraid of being deported. Stuart now, theres a second level to this. Four days after the rape of a high school girl, allegedly by a 18yearold illegal, marylands legislature, this is four days after that rape, legislators voted to make maryland a sanctuary state. Theres a lot of turmoil. Ashley that upset a lot of people. Stuart it does. Its a major headline story of the morning which we will follow later on. Lets wrap this up. Weve got a new study it says that College Students who protest violently against conservative speakers, guess what . They come from wealthy families. Ashley well. Stuart who would have thought. Ashley they dont need a job. Stuart right. And theres this one, too, some of the wealthiest new yorkers written a letter to lawmakers and they say we want to pay more taxes. No, they say, the wealthy people should pay more taxes, okay . Thats wealthy people should pay, for better roads and better bridges, spent on pathways out of poverty, theres nothing stopping them from paying more already. If you want to, folks, do it were on this one, all right. Look at futures, were down at the opening bell, about 40 odd points which is less than 20 minutes away. We will be back. it just feels like anything is possible here in upstate new york. at corning, i test smart glass that goes all over the world. But theres no place like home. Theres always Something Different to do like skiing in the winter, jet skiing in the summer. We can do everything. New york state is filled with bright minds like samanthas. To find the companies and talent of tomorrow, search for our page, jobsinnewyorkstate on linkedin. Were quoting the price of oil at 47 a barrel this morning. That may change around 10 30 eastern time when we get the latest read on how much oil weve got in storage. That could move the market again. And tstepping down at cke restaurants, they own hardees and carls, jr. It seems that the left killed him because he stood up for trump. Liz and the fight was, hes been around since the year 2000. He built cke into a billion dollar plus operation and employs 70,000 people with benefits, including flex spending accounts, paid vacation leaves and the like and retirement accounts. Hes a good ceo, a solid ceo. The left went after him hard because he said, you know what . If you raise the minimum wage, youve got to layoff people. They turned it into a nasty fight and went into his marital life and they destroyed him. And andy puzder knew what he was talking about. Stuart we liked him on this program. Liz he gave good benefits and good wages, 70,000 people working there. Stuart and he built the business. Liz he built the business. Stuart 15, 16 years. He said there was Something Like a profit margin per employee of about 6,000 and the increase in minimum wage pushed was going to cost 11,000, so the upshot was you had to layoff a lot of people. Stuart he told the truth. Ashley that was his undoing. Numbers dont lie. Stuart lets get back to obamacare, the this is important. The replacement vote, former hhs secretary and governor Tommy Thompson, welcome back, good to see you. Stuart, its always a pleasure to be on your program, thank you. Stuart you know what we want, we want you to handicap the vote tomorrow. Is it going to be a yes or a no . Investors really need to know this. What are we going to get . Its going to be a very close yes, but right now, they dont have enough votes as of this moment. But i am very confident, ive been talking to a lot of congressmen and theyre leaning toward voting for it. I was speaking at the tuesday group yesterday and had the opportunity to meet with a lot more last night at the congressional dinner. And ive been helping trying to get the votes for this bill and i think when its all said and done, republicans cannot go home and not vote for this bill. Theres no option. Failure is not an option. They have to vote for it. Stuart governor, it seems that conservatives like the Freedom Caucus has a lot of leverage at this point. They are the standouts and saying were not going to vote for it so that puts them in a position to horse trade and get something out of this and impose more conditions on this bill. Theyre in a strong position, i think. They are in a strong position, but the truth of the matter is whats the alternative . The alternative to vote against a proposal thats going to repeal obamacare . Thats no option. And when the president calls you in the oval office, ive seen it happen many times, stuart, its very difficult to say no to the president. So, i am absolutely certain theyre going to get the votes, but its going to be tough, its going to be tough slugging. I know i did this on part d when we were on the floor and i had to have somebody call the president george w. Bush at 4 30 in the morning to get the last votes. I know its tough, but i know its doable and im confident theyre going to get it done. Stuart earlier this morning on the fox business network, senator rand paul told our Maria Bartiromo that the president or that the bill should be pulled. What chance does it have in the senate if rand paul is a standout like this . Well, i think its got theres going to be some major changes, theres 85 billion dollars thats placed in this bill for the senate to make the necessary changes to get the vote. So, i am confident that once it gets over there, and people start looking at this, and making the changes necessary to get the votes, i am confident its going to improve the equality of the bill and then i think the votes are going to be there. Right now, it looks a little bit bleak, but i think its always darker at the dawn before the sun comes up. So, im fairly confident that its going to be okay. Stuart i just love ive said this many times recently, id love to be a fly on the wall, who gets what for doing this, that and the other. Its going to be wicked horse trading, isnt it . That is, thats legislative. One court judge says if you like good sausage and good laws,better you dont watch either being made and this is a prime case. When its said and done, republicans, what are republicans going to do, campaigned for seven years, they cant go home and say we had a chance and vote it had down. This is only the first step in many steps at repealing and replacing and making health care better. Stuart okay, governor, youre down on record. Tommy Thompson Says it will be close, a squeaker, a yes vote eventually. The market is watching you closely. Thanks, stuart. Stuart appreciate it, next case. Look at dow futures, were still down 50 points, thats how were going to go this morning. Its all about the vote tomorrow, thats the bottom line for the market today. We have another example of whats being called the retail ice age, thats our expression. Sears and kmart doubt that they can stay in business, literally said, weve got serious doubts about staying in business. You remember . We put them on death watch. Should we put them back on it . We might. Up next, college kids who protest conservatives speaking on campus, a new study says they come from wealthy families. Who would have thought . Back in a moment. Your insurance on time. Tap one little bumper, and up go your rates. What good is having insurance if you get punished for using it . News flash nobodys perfect. For drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. And if you do have an accident, our claims centers are available to assist you 24 7. Call for a free quote today. Liberty stands with you™ Liberty Mutual insurance moments ago judge gorsuch arrived on capitol hill. Hes about to start the hearing, round number three. Round two was yesterday, headline in the wall street journal this morning, gorsuch rebuffs challenges. Odds are, well get the same thing this morning. Check the price of gold, please. This is the market coverage, were up about two bucks on gold, 250, holding above 1200 an ounce. Now this, that new study, it found that College Students who protest violently against conservative speakers on campus, they tend to come from wealthy families. Liz peek, what do you say . [laughter] i am not surprised. Look, these are kids who dont have to worry about the fact that they might get in trouble doing these protests and their parents are going to bail them out and put them right back in school. The truth is, kids who really have to work hard to get through school, borrow money, they take it much more seriously. Im involved actually with a university where the average family is very close to the poverty line and theyre struggling to keep their kids there, no protests at this school. Trust me theyre not. Theyre working hard, they want to do well. Stuart a case of liberal guilt. Thats just my opinion. Right. Another one for you, liz, some of the wealthiest new yorkers are asking the state to raise taxes on the rich. Liz. Bring your checkbook. Theres nothing to prevent you from writing a check to the government or if you want to get a whole bunch of people in the room, create a fund to fund things you care about. Oh, wait a minute, thats what we do, called foundation and charity and in fact, a lot of wealthy new yorkers give money to that. This is as i say, its a great thing, go ahead and do it. Stuart yes, you pay. Exactly. Stuart if you want to, they pay. Wealthy people, wealth is not taxed. No. Stuart you built up in your company or wherever, you dont tax that. You tax income in america. So, strivers, they get out there and work, they pay the full taxes. Liz that doesnt matter if you want to feel better about yourself. Stuart whatever, liz. Liz talking wealthy people. Going to take away taxes and wealthy new yorkers will have every opportunity to pay taxes. Stuart and round three of Neil Gorsuchs hearing is about to start. Well monitor, and any headlines youll know about it. In four and a half minutes the market opens and well be opening down again. Down 250 and another 50 today. Investors do not want a no vote tomorrow. Back in a moment. Dear predictable, theres no other way to say this. 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Were off, were running, its wednesday morning, well, not quite, give us 20odd seconds and well get this thing off and running. Please remember yesterday was the worst performance for the dow industrials this calendar year. We were down 237 points, why . Because theres a great deal of uncertainty as to whether or not the president and speaker ryan get their way with Obamacare Repeal and reform in the big vote tomorrow. If theres a no vote, watch out. If theres a yes vote, thats the other side of the coin. Bang its 9 30 this wednesday morning, i expect the market to go down substantially at the getgo. 25, 36 in the early going, look at the level. 20,600, thats about 500 points aw