for judge, justice anthony kennedy. he will announce it to the entire country later on tonight. remember his goal was get it decided by noon. we shall see. trish regan right now, to take you through a dow up 306 points. trish: neil, breaking right now. take a live look at this white house because just in seven hours the president will name his supreme court nominee. as neil said, he knows who it is. we don't. we'll talk about what the possibilities are. all of this as we look at a dow up 305 points. investors shrugging off concerns about new tariffs. i'm trish regan. welcome to "the intelligence report." everyone again, we are told that the president has narrowed his list down to four people, four individuals, all with very strong conservative values. that's very important there, no matter who the president picks, so i will tell you. this is going to shape his

legacy. it could indeed move the supreme court in far more conservative direction. and you can expect, that is why the left will be very unhappy and very aggressive is. they will try to strip the president of his presidential powers. my intel on all of that, coming up straight ahead. protesters harassing senate majority leader mitch mcconnell again. watch this one. >> we know where you live, mitch >> abolish i.c.e. >> abolish i.c.e. trish: we know where you live? you heard that protester, taunting the senator. wow, former economic advisor to president ronald reagan, art laffer, says he is not surprised by any of this. he actually saw something rather similar when he worked for president reagan. my goodness, his story straight ahead. go to adam shapiro, the white house with the very latest on the supreme court pick. we're down to four, adam. which one it is. reporter: the president does. he confirmed yesterday there were four people in the front running of all of this.

not only is this important decision, the president tweeted about all of this is, how rare it is for a president to get this opportunity but the president's also a master at building excitement. this is exciting moment as we lead up to the official announcement tonight at 9:00. here is what the president says about the caliber of the person he is going to choose. >> very close to making a decision. have not made it official yet. say it is the four people, they're excellent, everyone, you can't go wrong but i'm getting close to making a final decision. reporter: so the president said he would have the decision by noon. it is 2:00 eastern. talk about the four front-runners. they are brett kavanaugh. he is already on the court of appeals here in the district of columbia. he was a clerk for anthony kennedy. you've got mr. hardiman, thomas hardiman, he is the man, grassroots, working class background, taxicab driver, teen inner for his father's business of the he went to notre dame, not an ivy league person.

that mate be something that appeals to the president. amy coney barrett, also went to notre dame. youngest of the group. law clerk for antonin scalia. raymond kethledge referred to as gorsuch 2.0. university of michigan, law clerk for anthony kennedy. both sides gearing up for fight over the nominee. protests already scheduled tonight at the supreme court. national abortion rights action league will protest starting at 8:00 on the steps of the supreme court. but if you've been watching fox business today and other networks, there are groups which are buying advertising in support of the president and his nominee. one of those groups, judicial crisis network has already spent more than one million dollars. they will spend 2.4 million promoting whoever the president chooses to be his nominee. one last thing, former arizona or retired arizona senator jon

kyle will be the point person to help steer them through the confirmation hearing and people up on the hill they have to impress. back to you. trish: thank you very much, adam. i will have more on the significance of president trump's nominee later in the show with judge andrew napolitano. i want to get to the intel, no matter who the president nominates the liberal media, left, will be very aggressive. watch them here before even announced his pick. >> it is is a historic decision. more about the future of the next election. >> future of america is. >> roe v. wade is doomed, it is gone because donald trump won the election. >> this supreme court full of nine justices will decide the fate very well of this president. a special counsel loaded for bear, all kind of issues, obstruction of justice and possible collusion with the russians and how what materials and what testimonies have to be accepted whether he has to testify or not.

and they will let him pick one of the people to decide his own fate! >> okay. we got a little bit to unpack there, right? the left is angry, very, very angry. the left can not believe donald trump is the president of the united states and picking the next supreme court justice. we know that they're upset. we know they're angry. at what point does it turn into something more sinister? are they in other words undermining our constitution here. you heard one of the commentators here he needs to be not allowed to actually pick whoever is going to be picked on supreme court, there is conflict because of the whole mueller investigation. well, if that is the case, i guess any president that comes in, if you don't like him or her, you say, put him under investigation. let's have another mueller 2.0 for whoever comes in. if then you have the ability to strip the president of their presidential power? i want to go to the constitution

right here. take a look everyone, article ii of the constitution of the united states and it clearly states the president shall nominate and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court. in other words the president of the united states must appoint the judge of the supreme court. he must have a nominee. he must have a pick. you can't strip him of that right. just like you can't actually strip the president of the united states of the ability to shut down people coming into this country that are coming from countries that he believes are a threat to the united states of america. but the left sure wants to try. joining me right now on set, attorney miss at this maris, chairman of the national bar association pac scott bolden. >> good afternoon.

trish: good afternoon. starting with you, do you think that there is any chance that they will abide by this pick, whoever it is? >> i think there is absolutely going to be a fight, trish, there will be no choice. if we're going to abide by a pick, you can't just change the rules of the constitution willy-nilly because you don't think your party is getting its way. president trump will have a pick. the senate will confirm that pick. that will reflect what the american people want. that's the process. that is what we'll see happen. will there be a fight? there absolutely will be a fight but at some point a justice will be confirmed and it will be one of these four. trish: aren't you undermining your system of government, scott bolden, we hate this president so much we don't want give him the right to make this pick? >> i'm not in that bucket of supporters as a democrat that he doesn't have the right to make the pick. i think he has every right to make the pick. i think democrats on the senate side have every right to fight this nomination if they believe

that the nominee will not be a good supreme court justice or that they believe someone else who would not be hard right or hard conservative should be there based on their political views. the fight isn't about whether he has the right. the fight whether he can get this nomination. at 50-48 or 49 hit in the senate, and with mccain, the mccain factor, as well as murkowski and our maine senator, you have got some pretty righteous arguments to make. the dems have to hold the conservative dems who trump won in their states and republicans have to hold their moderate senators in place. there will be a confirmation. but we're a long way from confirmation given those political dynamics. trish: let's talk about who would be a more difficult appointee. i mean, we've talked and we've talked about about amy barrett before you and i, miss citi, the criticism of she is too catholic

and too religious and the fear she might overturn roe vs. wade because of some of those personal convictions. what are your thoughts on that? >> i think absolutely she will be the one with the toughest battle before the senate. she has only been on the bench for a year. there is not a lot of information, regardless of her own personal beliefs how that comes out in the judiciary. that could absolutely be a problem. we heard reports that mitch mcconnell was warning trump about that, she might not be the one that is going to slide through. maybe that should be part of his equation. she is certainly qualified. she is an academic, but she would likely face strongest opposition. trish: she would be the toughest. you can understand politically speaking, scott bolden you think he wants to get this through as fast as possible so he has another win or feather in his cap as he sees it, so you want to pick someone who, susan collinses of the world will not

get so up about? >> i think sues can collins and murkowski are key. if he were smart, getting their approval, preapproval, at least some sign of them would be really important. i think all of them will be hard. this is all about roe v. wade, real or perceived. it is all about obamacare, it is all about donald trump. because we have, we are in these buckets, republicans in one bucket, democrats in another, there are not many moderates coming across the aisle. so it will be a fight because he will redefine, this is first time in 25 years that a moderate or swing vote on the supreme court will have been, will be replaced by someone who is clearly take as conservative view of the law, not just politically conservative but a conservative view of the law which is really at issue here. trish: well, it shouldn't be politically conservative. if you have a conservative view of the law, you have a conservative interpretation of the construings. i have -- constitution i have a

great amount of respect for that. let's not forget how smart our founding fathers were and participate a lot of things we deal with today. as a result we have a constitution that should be thought about, i think, in its truest form. go ahead. >> trish, all of these candidates, all four of them, we have to remember are incredibly, smart, brilliant people, we may not agree with their decisions. they're all very capable. the real issue, when the gloves come off in the senate this time, whoever the nominee is, are they going to be asked directly about roe v. wade or asked directly about obamacare, is the senate insist, whether democrats or republicans, are they going to insist that the answers not be non-answers and that the questions be muted because -- trish: i think democrats would do that, right? >> i think they would but even some republicans. trish: roe v. wade is hot but done divisive issues that serves a political purpose. i imagine that a lot of

democrats will want to achieve a political purpose during the hearings and questioning. >> of course. you are going to hear the questions being thrown around. but a justice, somebody who will be nominated for supreme court justice isn't going to answer hypothetical questions what they would find under certain different variable circumstances because everything is going to change depending what case comes their way. they will see what happened during gorsuch. same thing. he was not answering these hypothetical, i will absolutely overturn that or looking to do this. you will talk about their redentials, background, history on the bench. that is the focus. >> what is really key, i'm saying, this hearing because so much is at stake real or perceived, questions will be more direct from democratic senators and perhaps a few republicans, they will ask directly, probably, what is your position on roe v. wade. trish: i'm sure they will. i'm sure they will. >> will they answer or will the senate judiciary committee will they be made to answer those

questions because so much is at stake. we'll have to wait and see. trish: good to see you guys. we'll wait and see. tonight who the president's pick is. watch the big announcement on fox business, 9:00 p.m. eastern time, so don't go anywhere. stay with us through it all. the dow up right now, up triple digits, up 301 as investors shake off trade worries, focused on today's, friday, rather, strong jobs report. we'll have more on that later in the show. civility, somehow is gone from politics, gone all together. this is tragic. now you have a former hillary clinton aide tweeting the contact information of a virginia bookstore owner who called the police on a person who was harassing former trump advisor steve bannon. art laffer said he faced similar harrassment while he served for former president reagan. he shares his story next. see you here.

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vote you out. vote you out. >> yeah! we know where you live, mitch. abolish i.c.e. >> abolish i.c.e. trish: abolish i.c.e., we know where you live, mitch. getting kind of familiar to him now. senate majority leader mitch mcconnell being chased from a restaurant by a group of democratic social its in kentucky. they can be heard over and over saying go home, we know where you live, along with abolish i.c.e. a part of growing trend sadly in american politics, where increasingly dangerous for those that hold conservative values. this weekend a bookstore owner calling 911 after a woman confronted steve bannon, calling him a piece of trash while he was shopping. former hillary clinton staffer revealing the bookstore owner's contact information on twitter.

what a guy. he claims he is providing a service to the public. joining me right now, former economic advisor to president reagan art laffer. >> how are you, trish? trish: i am good. i'm is did pointed, disgusted what i'm seeing right now. has this gone just too darn far? >> gone way too far. look at it historically, trish. very little left civil after shooting a president, that happened with reagan. obviously happened with jerry ford. happened with kennedy. happened with bobby kennedy. happened with martin luther king. very uncivil for me, even before the '80s in 1978 with proposition 13, which was a property tax initiative, how exciting can that be. my house was picketed by the california teachers association union members. in fact my kids looked out the front door and recognized her own teachers. daddy, that is my math teacher.

at that was pretty heavy to picket a house. but the worst one was in 1987-88, my house was attacked, i lived in rancho santa fe, in unsettled area. we had 17-acres. we were, we were accosted by a group or one person, i don't know, we never caught them. i had a lot of animal pets and stuff. macheted, killed animals, piled them up on the doorstep of the house. trish: back, art, your own pets? >> my own pets, yes. deer, emus, they ma -- macheted them. we went to disneyland. my driveway is couple miles long. there was no access and egress at all. they came back twice more. i had to have guards 24/7 around the house, armed guards. you can't have guns in california. armed guards around the house at that time. reagan was kind send sending me

secret service see the schools. we have six children. we had two little kids going to kindergarten, to see if they would be safe, not kidnapped. >> my gosh. >> it was very serious event. that i have not talked about this in public every. trish: so sorry to here about your kids worrying about them at school, for them to done something to your own animals this is horrible. what you're telling me what we're seeing, in terms of the horrors and upset me greatly, it is not necessarily anything new? >> it is not new. i got rid of my column that i was writing in "the l.a. times." i got, i was doing kcla every day. i had a show on that. i did the national public radio news, little news clip there. i just got rid of all that. if anyone is that serious, i'm sorry i'm not going to fight that battle. i will not have my kids put in

danger. that is exactly what would happen, i would get letters, like a lot of congress men, cut them out of flag scenes, say them -- magazines, say horrible little things. i'm sure a the of congress men. it happen ad year. it disappeared. i waited 10 years before i came back at all in public life. trish: oh, my goodness. it disappeared. maybe that person was caught on something else. >> maybe god got that person. all it takes is one. exactly, when you have little kids nothing comes before the little kids. trish: you see what happened to sarah huckabee sanders, dead animals on the dhs employees doorstep. >> right. trish: what is it about right knew in this moment in time that has exaggerated everyone's feelings to the oomph degree where friend you've known your whole life shun you because they're, you know, not in

agreement politically? >> i don't think it is any different this time than it has been historically. a sad case the people try to do shunning, change your mind, doing horrible things to you, rather than arguing a good argument to see which one is right. a good debate, trish is the deto getting prosperity. i know in 50, 60 years i will have said a lot of things that were wrong and bad economics they are going to correct. that is what progress is all about. healthy debate. you win a little bit. you lose a little bit. you keep going. and the subject advances. that is what we want. you know, shunning people, throwing things at them, trying to shoot them, that doesn't help debate believe me when i tell you that, it really doesn't. trish: you're intellectually honest. not everybody is, art. >> i don't know about that but -- trish: you are, sir. >> thank you. trish: you are appreciative of different viewpoints and you're willing to engage in those

debates and you hope to come through a little bit smarter. >> believe me, trish. believe me. trish: well, you know, art, thank you for sharing that story. >> my pleasure. trish: and that perspective. not a memory i'm sure you like to think about. >> not a delicious memory, it is really not. it is very unpleasant. >> i hear you. art laffer, good to see you. >> thank you, trish. trish: uk exit from european union is in crisis after a high-profile official just quit a whole bunch of them. president trump is set to meet prime minister theresa may at the end. week. some are and -- wondering if she will be prime minister then. we have intel for you next. honk if you like joint assets. now you're so busy soaking up all this attention, you don't see the car in front of you. and if i can crash your "perfect day",

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trish: we have turmoil in the uk. foreign secretary boris johnson has resigned amid a growing division over how to handle britain's exit from the eu his resignation coming less than 24 hours after david davis, the minister in charge of britain's negotiations left the eu our own

ashley webster has more. one after another. how come? >> well the problem for theresa may, the problem is there a split the size of the grand canyon. you have the "brexiteers," completely chop off any contact with the eu. other moderate conservatives we are joined with europe we need to find a compromise. trish: sounds like here sometimes. remember the never-trumpers? >> there are a lot of similarities actually what happened this weekend, british prime minister, theresa may, it came up with the checkers deal, this is the retreat like camp david, it was the checkers deal. it was very, very soft. it was considered a light "brexit." still eu regulations on food regulations. there were still questions about

immigration. some of the laws would still come out of brussels. the well the minister in charge of the "brexit" deal said quit, this is not what the voters voted for. boris johnson less than 24 hours later quit. here is something interesting about it. number 10 downing street got word johnson was going to quit, announced his resignation before even handed in the letter. the question is can theresa may stand all the turmoil? or will she face a vote of confidence or direct challenge to her leadership. right now, the problem, trib, there is no leader to emerge or waiting in the wings to take over. trish: where is nigel farage these days? >> you know what, he tweeted out he will make some sort of announcement in a little while. he may take up the leadership of ukip, i don't know. what people voted for is not what they are getting. it's a real mess right now. trish: they want out, they're done. >> they passed this 25 months

ago. they voted to get out of the e.u. they still can't get a deal together everyone agrees with. trish: ashley webster. thank you. i'm sure i am talking to you again and again. as we watch it un. the trade war has wisconsin dairy farmers pretty worried we'll go to a dairy farm. we'll see how they are handling this thing. the markets are unfazed. up 303 on the dow. well have live from the markets and the dairy farm after this. or where you trade, you'll only pay $4.95. fidelity. open an account today.

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get started for free at ancestry.com whenshe was pregnant,ter failed, in-laws were coming, a little bit of water, it really- it rocked our world. i had no idea the amount of damage that water could do. we called usaa. and they greeted me as they always do. sergeant baker, how are you? they were on it. it was unbelievable. having insurance is something everyone needs, but having usaa- now that's a privilege. we're the baker's and we're usaa members for life. usaa. get your insurance quote today. trish: american farmers are bearing the brunt of retaliatory tariffs brought on by some of these trade policies. at least they're bearing them in the here and now because i would argue as time goes out, they will actually have a much better scenario. it is tricky. china and mexico instituted new tariffs on american goods going into those countries creating

problems for farmers that rely on international markets to sell their crops. i caution everybody, in an international market, when you're dealing with something simply as a commodity, it gets bought up all over the place. maybe it will take a little detour. theoretically prices should ultimately go higher as a result of all of this. anyway, the dairy industry is not happy about any of it. near term our own jeff flock is live at a cheese factory in plymouth, wisconsin, with more. jeff, once again just caution this is temporary, but nonetheless it hurts. fill us in. reporter: they so hope you are correct, trish, particularly the folks that take that milk that you're talking about in dairy lan and turn it into stuff like cheese. look at those wheels of cheese, they're soaked in merlot actually here this is company called sartori cheese. we're in the caves where they age it and prepare some of it. they sell in mexico, as you

point out, put numbers up on the screen, cheese made here in the u.s. and shipped to mexico, the mexicans have put a 20 to 25% tariff on this cheese that goes down there, which makes it awful hard to sell it competitively. and the folks at sartori, they understand trade issues but it is not helping you. >> it really isn't helping. 25% on this cheese that we're looking at on the table here and european union can import product to mexico with their new trade agreement for zero. reporter: this is cheese being sold in a growing market. in addition to the president of sartori cheese, i have the founding family, jim sartori, you have been in this business a long time. your family even longer. you have never seen anything quite like this in terms of trade. what to you, is it kind of a trade war? >> we've been in business for 79 years. have not seen anything like this. reporter: yeah, makes it tough.

it is not just cheese by the way, trish. we put up on the screen some of the other items. pork, apples, steel, all of this has been in the cross-hairs. much of it, some of it right from here in wisconsin. bourbon is another one. by the way, i just want to look what we've got there, what is that i'm looking at? >> that is black pepper belvetano. we're lucky enough and fortunate enough to won grand champion. reporter: that's good stuff. here is another thing. i leave you with this, trish. because the mexicans signed a trade agreement with the european union, i don't want to get in your way, go right ahead. don't worry about me, with the european union, what they have done, the european union has said, parmesan, for example, you have to make that in parma, or you can't call it parmesan. in mexico they can not sell their parmesan there called parmesan. they have to change the name of

it. trade wars may be easy to win according to the president but it does get complicated out there. we're in the complicated zone as we speak. leave you with a picture of wisconsin cheese. trish: i'll tell you looks really good, thank you so much, jeff. reporter: yes. trish: what jeff says parmesan cheese, that is going on for a while. you can't call sparkling wine in the u.s. made in the u.s., champagne is made in the france. they have rules and regulations. we have adam johnson and sean o'hara. it is hard and not good for anyone affected by these tariffs in the interim. i am very sympathetic how challenging it is, when people

say we're suddenly in trade war, i doubt that. i think this trade war has been ongoing, going on for some time. we're now just perhaps recognizing it, fighting back. >> if you have a situation where you have one product sold from here into another country that gets charged a 25% tariff and same product coming into here a 2 1/2% tariff you have may have already lost the trade war. that is the issue the president is trying to address. he sees fundamental unfairness for that. he doesn't think the largest consumer, the united states, the biggest market we should be on other side of the numbers. he thinks it should be other way around. he will continue to fight it. gdp growth is strong, inflation is strong, unemployment is low, a matter of wills. the united states position economically has better cards. all he wants at the end of the day, funny i listened to him talk about it at town hall, he

doesn't want it to be even, he wants improvement. but i don't think he will back down on this. trish: adam? >> that is key point. he is giving chinese wiggle room. we don't have to have totally free but need improvement. think about it, chinese have three times as many import tariffs as u.s. that is the whole point. they have tree times as many. cut that in half, two times as many. i will take it in theory says mr. trump. you know it? i think we all can live with that at this point he is trying to get the playing field back to quasi-level right now it is so tilted. that is the problem. trish: there are victims in the meantime, right? >> soybean farmers are getting crushed. trish: although soybeans i would argue is a little different, right? soybeans, couldn't you buy them, couldn't you sell them to the brazilians perhaps? >> you can but only so much demand. china and brazil are two largest markets for our sew beans.

if you look at soybean exports, you can chart this stuff, it was kind of funny, massive up tick soybean imports from the u.s., into china trying to get ahead of the thing. neil: trish: there are victims in the interim process but what are the alternatives right now? if we don't take a stand, that we want a more level playing field, do we run the risk waking up 20 years from now, china is taking over our position in terms of economic dominance and quite scary, it is reality you have to think about, militarily their dominance? >> and the theft of intellectual property which is also mixed up in all of this. so, i think now is the time to take a stand. it has gone on long enough. i think that is what his presidency is all about. not a status quo type of campaign. it was completely different every single way. he is governing in every single way. he is not willing to accept this is the best we can do. i think he really believes we

can win this. in the long run that we will be better off in the country and united states as a result. trish: i read an interesting piece over the weekend, i'm pretty sure it was one of our competitors -- >> it was still interesting? trish: it was very interesting, i think they were begrudgingly making this point, farmers in the midwest, many still support the tariffs despite fact they're getting hit in the interim. they're still backing trump. >> it is period of adjustment. look at market over the past three weeks, i should say the last two weeks of june, felt like every thing in my portfolio was going down. as i was talking to other money managers, yeah i'm taking positions down as way of managing my risk ahead of tariffs because it is so uncertain. then what happened? thursday came around, tariffs kicked in, market was up, friday market up,. >> we're adjusting to it. trish: your core beliefs, this is one of the tricky evident things managing money, you have

to have a set of core beliefs. >> you have to. otherwise you get tossed around for the water. >> we had opposite. we look at free cash flow and yield on a screen for etfs. small cap u.s. based on s&p 600, up very, very big this year. sounded like trump. >> 13%. >> i always hate to give a number on air because compliance people say i shouldn't do that. okay. it is up before the show. thank you for saying that. trish: pretty nice. >> broader u.s., large cap portfolio we bought specialty retail, something nobody wanted to touch, macy's dick's, polo ralph lauren. all those names are popping. there are places in this market that you can make money where you aren't tied to -- one of the last things, 16th of july, amazon prime day. last year billion dollars in sales. 50% more than previous year. extended 36 hours. maybe close to $2 billion in

sales. a little name people should pay attention to that day can't happen without he he equinex. 70% of the internet traffic goes through their boxes. trish: adam, sean, thank you so much. >> all right. trish: san francisco homelessness crisis hit a rather critical point because now it is affecting the city's 9 billion-dollars a year industry, tourism industry. show you what we mean next. >>i don't know. there's so many opinions out there, it's hard to make sense of it all. well, victor, do you have something for him? >>check this out. td ameritrade aggregates thousands of earnings estimates into a single data point. that way you can keep your eyes on the big picture. >>huh. feel better? >>much better. yeah, me too. wow, you really did a number on this thing. >>sorry about that. that's alright. i got a box of 'em. thousands of opinions. one estimate. the earnings tool from td ameritrade.

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trish: san francisco tourism is taking a hit. you know why? because they got a really bad homeless problem. really bad. i mean it was bad when i lived there a long time ago. it is really bad now. so bad many businesses are demanding action from city fishes. fox news claudia cowan in san francisco with the details. hey, claudia. reporter: hey, trish. that's right. many tourists told us the homeless situation here in san francisco is the worst they have ever seen anywhere. at least one hotel owner is saying it is time for zero tolerance. >> you've seen people lying on the streets, see people passed out on the street. seeing people eat out of garbage cans. you see people shoot up. reporter: john handler owns one

of the biggest hotels in union square a top tourist destination. a situation where so many people are shocked. >> i never seen so many homeless. that is real turn i don't have. >> groups said they can't come to san francisco as long as streets are this. reporter: long-term impact on the $9 billion industry is not known but the annual convention pulled the its convention from the city, saying members do not feel safe, estimated $40,000 loss. syringes that litter the street, most handed out by the sans fran department of health to reduce dug -- drug diseases. the city is hering 10 people whose sole job is to pick them up. 8,000 needles, every month. to john, that is treating the symptom, not the cause. >> i think zero tolerance is the

direction we need to go. we need to stop taking a point of view that it is their right to be on the street. no it is their right to be given help. and that is what we should be doing. reporter: and san francisco spends hundreds of millions of dollars every year trying to help but critics say what is really needed isn't more money but a whole different approach. on wednesday, trish, san francisco swears in a new mayor who campaigned hard on promise to clean up the streets. many in the hospitality industry here, saying their bottom line depend on it. back to you. trish: wow, wow. really hitting a difficult, difficult point. claudia cowan, thank you so much. i can remember when i lived there, do you know that the homeless actually, always struck me, if they were asking for money, they wouldn't ask for a little bit of spare change, can you spare any money, i had a few homeless people ask me for five bucks!, which i, always, took

offense too. anyway, hopefully get their act together. if not, they run the risk of losing a lot of people and a lot of potential businesses especially with the conferences. we're looking at market way up right now, 329 points, as we get into the final hour of trading so that is some good news. the president is set to announce meanwhile his speak for the supreme court in nearly six hours from now. who might be his pick? we are asking judge andrew napolitano. he is here. he is going to weigh in nexts.

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trish: in just about six hours, the president will announce his pick to replace justice anthony kennedy. joining me right now, fox news senior judicial analyst judge andrew napolitano. judge, what are you thinking? he's down to four, he knows who it is -- >> he does know who it is, and he's very effectively created a drum beat. i mean, the whole country's going to be watching at 9:00 tonight. i am hearing that he has reduced the four to two and that it is judge kethledge of the 6th circuit court of appeals which sits in cincinnati and judge thomas hardiman of the 3rd circuit court of appeals whose chambers are in pittsburgh -- trish: why these two? >> well, because he has been told that it's not ideological that they're up there, because he's been told by mitch

mcconnell, the republican leader in the senate, that there'll be no problem confirming them. judge kavanaugh, odd hi enough -- oddly enough, will incur the wrath of conservatives. and judge barrett will become a lightning rod on abortion, and i don't know if the president or mitch mcconnell want to go there. the other thing about judge kethledge is he's just like justice gorsuch. if donald trump like ares justice gorsuch, he has almost a twin, an ideological, intellectual and temporal twin. a lot of people have said this, not just me, in terms of their being outdoor city, the fact that they're both philosophers as well as legal scholars, in terms of their gifted writing skills, in terms of their attitudes about the second amendment, about right to life, about the role of the federal government in our lives.

these two are nearly identical. now, the president may surprise all of us. i don't think it's going to go outside these four, but that's the last i heard. trish: two of them would be more difficult, more challenging -- >> judge kavanaugh and judge barrett would be more challenging to get through the senate because they would be viewed as lightning rods on right to life, and judge kavanaugh has this thing where a lot of conservatives don't like him even though he has claimed to be one. trish: uh-huh. he needs to get this through, right? he said that he would like -- >> well, his goal is to have this through, to have this person sitting on the bench by the first monday in october which is when the court reconvenes. he does not want this battle going on during the midterm elections. and he certainly doesn't want it to go on beyond the midterm elections. now, the republicans only have 50 votes. john mccain doesn't vote. senator ranked paul says he's not -- rand pall says he's not voting for kavanaugh.

senator susan collins is not voting for anybody pro-life, so now they need two democrats. i don't think they're doing it anymore, i think he's already decided, and that person's on their way to the white house along with his or her family, but this is a calculation through which they went over this past weekend. trish: and what do you anticipate the processing for the confirmation hearing? >> if it's kethledge or hardiman, an easy confirmation done by the end of september. if it's barrett or kavanaugh, battle royal like we haven't seen since the robert bork and clarence thomas days. trish: because people really worry roe v. wade would be overturned? >> i don't think it's a realistic worry, but the democrats are going to promote that view. trush president bush my goodness, it'll be an interesting evening, and i can't wait to talk to you tomorrow and get your thoughts on all of it. judge andrew napolitano. and, of course, don't forget, everyone, make sure you tune in here tonight.

we have full coverage of this historic moment. feel like i say that a lot these days, historic moment, but we've got a lot of them here over the last couple of months. so as always, thank you so much to everybody for tuning in. overgot a nice rally with liz claman, up 334. liz: yes, charlie brady said, liz, it's a welcome back rally finish can. trish: welcome back, indeed. liz: exactly. thank you very much, trish. this is very interesting to see all this green on the screen even though we've got an all-out economic war. trade war, brexit battle and a new attack on the drugmakers. but the bulls are busy, busy charging higher. the tow just made a new -- the dow just made a new high in the last two and a half minutes. the blue chips are up 336 points, that's the high. the rally is all the more significant considering president trump just hours ago attacked a dow component, pfizer, saying in a tweet that the pharma giant should be ashamed to have raised drug