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night in a stunning rebuke. >> it was a mess what happened here, but we're cleaning it up. the chasm between the two parties is wider than it's ever been. >> where does washington go now on issues millions of americans care about? plus, can donald trump be kept off the colorado's primary ballot for his role leading up to the january 6th attack on the capitol. that's the high-stakes question that will be argued before the supreme court tomorrow. what to expect in court and the critical implications for the decision. a defiant prime minister bibi netanyahu just moments ago telling ...

repercussions for the election this year and also for the future of american democracy. it is arguably the most important election case to reach the supreme court since bush v gore nearly a quarter century ago. the question before the court is pretty simple actually. does section 3 of the 14th amendment, which bars, quote, an officer of the united states who, quote, engaged in insurrection from holding public office actually apply to the man who incited the january 6th riot, who tried to disrupt the peaceful transfer of power for the first time since the civil war. the colorado state...

in the words of one republican senator tonight, quote, i'm just pissed off. lisa murkowski is hardly the only one in her party that feels that way right now and is completely exasperated what's been happening on capitol hill. in just the last 24 hours her party lined up to sink the border bill one of their own negotiated for months. you can hear the frustration in that senator's voice, james lankford, of oklahoma how he lamented the politics have overtaken the policy. >> this is the pen that i was handed at that desk when i was sworn in to the united states senate. there's no reason ...

lawrence? >> lawrence: the second hour of "fox & friends" starts right now and, remember, mornings are better with friends. ♪ >> steve: all right a fox news alert, t three hours, 10:00 easn time the supreme court will hear oral arguments on colorado's decision to kick former president donald trump off the state's primary ballot. >> brian: the high court in unchartered territory -- legal territory as justices wrestle with an historic election dispute. >> ainsley: lucas tomlinson joins us with the latest. >> good morning, steve, ainsley, and brian. the supreme court has never heard a...

of their own to see if biden took anything after he left the vice presidency in 2017. joining us is mike memoli. good to have you. a mix of good news and bad news for the president. >> yeah, katy, for those who remember what happened in 2016, involving former secretary of state hillary clinton, the democratic nominee at the time for president, of course we remember there were no charges but a pretty damming report from the attorney general at the time, james comey. the initial top lines were reading of this report find a similar situation. that there are no charges recommending here ...