constitutional lesson tonight. if it was a great night for the country. that's all the time we have tonight. if shannon bream the fox news at 19 take it all from here. remember, amy coney barrett worked her tail off number one in her class, law school professor and now on the supreme court and how good is that? life tenure. sorry, i shouldn't have said that. [laughter] >> shannon: so many people across the political spectrum and liberal professors out there saying we can quibble with her qualifications they may not agree with how she's going to roll down the road but all of us have to wait and see how that turns out. >> laura: she is a tribute to women and women's advancement. i could not be happier for her and the country. >> shannon: its history tonight. just days ahead of the presidential election, president trump's counting off the day with three rallies by returning to the white house

after swearing in the woman tomorrow be officially be justice amy coney barrett. marking the third supreme court justice in 220th federal judge at a record pace. oath administered tonight by the court, clarence thomas. >> and that i will well and faithfully discharge. >> that i will well and faithfully discharge. in speak of the duties of the office from which i've about to enter. >> the duties of the office from which i'm about to enter. >> so help me god. >> so help me god. >> shannon: outlining her judge, her preferences and political stances, she will do it for you and the constitution. so will it cost the g.o.p.

critical senate seat in next week's election? we will ask the man who is out to get it done into before election day. judge barrett took the constitutional tonight to take the judicial oath tomorrow with chief justice joh john roberts d last-minute challenges to voting procedures and mail in ballots. two high-profile cases part of the next round of oral arguments i kick off monday. welcome to "fox news @ night," i'm shannon bream in washington. gillian turner joining us now from tonight's event at the white house. the court's newest justice, hey. >> good evening, shannon. tonight, just one month from the day that president trump announced his pick to replace deceased to supreme court justice ruth bader ginsburg, welcome to judge amy coney barrett to take the oath of office and also take her place in history as the 115th supreme court justice. take a listen. >> it is highly fitting that

justice barrett fills the seat of a true pioneer for women. justice ruth bader ginsburg. tonight, justice barrett becomes not only the fifth women to serve on our nation's highest court, but the very first mother of school aged children to become a supreme court justice. speak of the first of judge barrett's oath was administered tonight by justice clarence thomas. she will officially become president trump's third appointment to the supreme court tomorrow after swearing a second oath. at that one in private. tonight she was calm and serene and she took the stage in front of 200 or so guests at the white house. they all wear masks and were seated at a distance. among the vip, republican senator including mitch mcconnell and judiciary chair lindsey graham. both whom played crucial roles in getting barrett to the here and now. she used her time in the spotlight tonight to reflect

upon the confirmation process and what it has revealed to her about her new job. a listen. >> it is the job of a senator to pursue her policy preferences. in fact, it would be a dereliction of duty for her to put policy goals aside. by contrast, it is the job of a judge to resist her policy preferences. it would be a dereliction of duty for her to give into them. >> she also delivered a promise to the american people. she said that supreme court justices don't stand for election, their responsibility is ultimately to the people. >> a judge declared independen independence, not only from congress and the president, but also from the private beliefs that might otherwise move her. the judicial oath captures the essence of the judicial duty.

>> the most ironic line of the evening came from barrett herself which he called her confirmation process called "rhetoric. that's the understatement of the evening, she's got republicans under her belt and she's free to take her place at the table of history, shannon. >> shannon: gillian turner from the white house tonight, thank you. >> you back. >> shannon: judge barrett will officially become just a very shortly and an exciting day for conservatives across the country, specifically for the senate majority leader who is focused so tenaciously on the courts. will this now because the g.o.p. the senate? senate majority leader, mitch mcconnell joining us anymore. good to have you with us. >> glad to be with you. >> shannon: it's official, she will take her oath tonight and the other tomorrow and officially become justice barrett. not surprisingly, democrats have negative reaction to this. it senator kamala harris who's running for for the

vice presidential nomination as part of the vice presidential ticket. if she says this. instead of working to provide covid-19 to struggling americans, mitch mcconnell jam through a supreme court nominee with more than 62 million people already voted to. it's despicable and they must be held accountable. your reaction. >> we have been working on coronavirus relief. unfortunately the speaker has not agree to anything remotely reasonable. we can do two things at once and we were trying to do two things at once. what we can do, consistent with the constitution and the dockets of the republica republican in . hi's confirm the vacancy to the supreme court. this is an outstanding nominee worried you could not find a better nominee anywhere in the country. not only that she's got a compelling personal story, seven children, to adopt its, one on special needs. a great role model for working

women across america. this is a happy night for the country. in particular, for this senate republican majority, which has, as you know, emphasized, judicial appointments. 53 circuit judges, one set below the supreme court, the first time in 50 years. over 200 lifetime appointment altogether. >> shannon: well, the question is will it cost to you? talk about a couple different things loaded. first of all today, former vice president joe biden democrat met nominee saying that he's going to have this committee that he's talked about 180 days to give them a chance to look at things like potential turn limits for supreme court justices including changing the number of justices. not going to commit to anything but he wants to look at that. tonight we see congresswoman alexandria ocasio-cortez tweeting out to expand the court, it hasn't happened she said republicans do this because

they don't believe dems have the stones to play hardball like they do. for a long time they has been lax but don't let them think that the bullying and bulldozing as normal. there is a legal process for expansion. that's true, do you think the democrats will trigger it? >> first of all, justice ginsburg said last year nine was the right number. they've been threatening to pack the court before the barrett nomination came along. before justice ginsburg passed away. these are long-standing threats. they may have ratcheted up a little bit lately, but they've been promising to blow up the senate by changing the filibuster rule. admitting t to new states, packg the supreme court. they're talking about it earlier in the year. nothing new, same new threat, and intimidation about the hard left. >> shannon: do you think this

will potentially cost you senate seats in the number republicans are in tough reelection battles? we know that the seats belong to a liberal icon, justice ginsburg, much beloved and a pop culture phenomenon in recent years as well. they seemed very fired up about the sort of avenging the loss of the seed by showing in the polls and voting for biden. >> we had a supreme court before the election in 2018 and we gained seats. i think the nominee will be a political asset. for a candidate's around the country, not a liability, but that asset. >> shannon: i want to play something today that mr. biden had to say about people who are supporting president trump. at this is he describes them. >> by the way, we don't do things like those chumps out there with the microphone are doing, the trump guy. it's about decency. our work is hard for those, our

work is hard for those who don't support me and those who do, including those with the chumps with the microphone out there. >> shannon: i think is referring to the trump supporters who showed up to his rally there. but he's got some things about the saying about the people whose for the president, not supportive as you would expect. >> reminiscent calling trump supporters deplorables. that's the elite view of the east coast liberals. they looked down on the rest of the country. if the senator who represents middle america, by the way i'm the only one of the four congressional leaders not from new york or california. we resent of this condescending attitude it were anybody who doesn't live on the coast. in joe biden just made it a very similar comment about trump supporter's. steve cohe>> shannon: i want tog back to the woman who will be

justice and respond to one of your democratic colleagues. this is what he says about the judicial philosophy that she says she happens to fair with justicjustice thomas among othel be swearing her into night. here's what senator markey said. >> originalism is racist. a regionalism is sexist. the original is him is homophobic. for originalists like judge barrett, lgbt stands for let's go back in time. a regionalism is just a fancy word for discrimination. >> shannon: senate majority leader, they say that's the truth about the woman that you have gone through this process rather quickly. >> it's just total nonsense. it makes no sense whatsoever. >> shannon: all right, we will leave it there. it's a big night for you, the president, judge barrett going to be justice barrett and that's when that happened very quickly. if you promise to get it done before the election here we are.

senate majority leader, mitch mcconnell, thank you for your time. >> thank you. >> shannon: breaking news from the supreme court from the swing state of wisconsin. 5-3 vote signing with the republicans fighting in the extended deadline for receiving and counting mail in ballots potentially several days after election day. chief justice john roberts siding with the conservative colleagues in this ruling. joe biden once again trying to clarify his positions on issues like energy policy and free college, the person he's actually running against, democratic nominee had a campaign stop in the battleground state of pennsylvania and he took questions from reporters. jacqui heinrich from wilmington tonight. >> hey, shannon, president tru president trump, former vp is pushing boxing he's not busy enough working 12 hour days and then he made a surprise visit to

must win pennsylvania where his debates night comments about the future of the oil industry threatened to send him back. >joe biden in this working hard to ensure his debates night transition away from fossil fuels doesn't cost him in the keystone state. in a rare saturday night stop in pennsylvania where both times biden tried to set the record state. straight. >> let me make it clear, were not shutting down all oil mills and eliminating tracking, i'm investing in clean energy. were going to make sure that we don't continue to subsidize the oil companies. >> it a departure from his promise in the primary. >> i guarantee you, i guarantee you were going to end fossil fuels and i'm not going to cooperate. >> biden's energy plan doesn't abandon fracking or any other kind of fossil fuel extraction but critics says he's planning to ri reverse trump is going to.

>> no no fracking, that would be the end of my job. >> progressives helping biden with damage control. >> he made it clear that he does not agree with the fracking band and i consider that a privilege to lobby him. should we win the white house. >> a few stumbles or posing a challenge. he referred to his election protection program is a extensive and inclusive voter fraud organization. if campaign to correct the statement. >> for example, we made every corporation pay minimum 50% tax and 91 pay no tax. that raises over $400 billion. i can send every single qualified person to it for your college for 150 billion. >> the concept of free college would be twice as much. >> shannon: still ahead of president trump by nearly eight

points in the real clear politics average but not taking any chances. today he announced travel to iowa, wisconsin, florida, and also georgia. shannon. >> shannon: critical states. of jacqui heinrich, thank you. 39-year-old boston man arrested and charged by setting a ballot box on fire over the weekend damaging dozens of ballots. he faces a charge of willful and malicious burning and allegedly set fire to a drop box attending more than 100 ballots outside the boston public library. 4:00 a.m. sunday morning. new developments tonight in the ongoing battle over male ballots in the election. how they are handling the record volume. eric shawn takes a look at that. >> for months, americans have been worried about the reliability of mail in ballots. that after the trump

administration changed postal service procedures. the agency says the moves have been put on hold until after the election. but concerns continue. a recent fox news poll shows 34% of voters plan to mail in their ballots early so we decided to test the dependability of the mail with our own experiment. starting on september 14th, fox news mailed a 500 replica ballot envelopes from and within chicago. dallas, los angeles, miami, new york. we mailed 100 envelopes from each city, 20 addressed to this po box. we rented in new york city. the other 80, locally, within each said email for more than 50 mailboxes across the country. this is the first envelope i'm going to mail. as you can see we replicated the size and the weight of the typical ballot. were not on the good to see how long it takes for the ballots to get to our poorest office box in manhattan, but were going to see if some cities are slower.

our new york team nine mailed our balance for mor from more t0 ballots in manhattan. they arrived within 2-5 days and in fact new york and los angeles 100% of those envelopes arrived. the longest took a days. >> sir, could you mail these for me? >> but from a trip from miami is still missing and one envelope to mail from chicago never showed up. as of today, out of the 500 envelopes we mailed, 11 did not reach their destination. of those nine are msaa, two returned mailed from dallas. a little more than 2% of the total mailing never made it. if it's worth noting that our mail test occurred before the recent tens of millions of mail in ballots which the postal service by law it does identify as election mail and expedite

unlike our samples. the postal service both good person told us," the postal service number one priority between now and the november election is the secure and timely delivery of the nation's election mail and that it "cannot substantiate that our test will approximate the real result." citing in part to the trump administration's operational changes. shannon. >> shannon: eric shawn, thank you very much for the report. amy coney barrett's confirmation clears the senate before the election. will there be a political impact? republicans or democrats, did he slap there to debate. next. ♪ when we started our business

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>> shannon: democrats openly putting pressure on democratic nominee joe biden to upend president trump's record-setting pace on confirming federal judges. >> if elected, what i will do and will put together the national commission of bipartisan commission of scholars, constitution scholars, democrats, republicans, liberal, conservative. and i will ask them over 180 days come back with recommendations on how to reform the court system. because it's getting out of whack. >> shannon: debating joe biden's position with democratic strategist kevin walling, mercedes schlapp, welcome back both of you. >> hey, shannon, good to be with you. >> shannon: mercedes, start there, former vice president

saying there could be limits, term limits. adding or changing some of the seats and i'm not committing to anything i want to see with the has to say. he says it's out of whack. >> there's no question that joe biden can't commit to anything. he changes his position constantly but we know about joe biden is that he made it clear early on that the american people do not deserve to know his position on court packing. he kind of changes his position to say well, let's create a commission which we know exactly what that means. it's exactly what they said today that they would expand the courts. their goal is to fundamentally transform the supreme court to come and take a part of this historic institution. pack it up with the liberal justices to force through a liberal agenda. at this is exactly the type of action that you have, hugo chavez, the dictator in venezuela. one of the first actions he did was to change the structure of the court, expand the chords to

put his people in there. it's a very dangerous task to take and it's something the american people should reject and will reject. >> shannon: is it a bit of a dodge, the commission will study and then they'll tell me what they think we should do. >> i don't think so, i think the vice president is clear that he wants to study and he's a creature of the senate and spent 40 years of his life in elected office in the united states senate and has a great respect for the senate and the judiciary. let's look at the facts, the last time the federal judiciary was under president jimmy carter. there's a lot to do and a lot to discuss in terms of what the judiciary's role is going forward. i give mitch mcconnell and had a great interview before, a lot of credit. the fact that president trump has gotten 30% of the federal judges appointed that are trump charges including three of the supreme court justices, i think it's a testament to what he's been able to accomplish.

but that should give all americans pause when concerning the aca, workers rights, lgbt rights that are on the docket in the next couple weeks. the court cannot be so out of sync with where the american people are on those particular issues. what joe biden is pushing for is a court and judiciary that's more responsive and reflective of the country. >> shannon: to his position that he thinks the country should have. mercedes, though seats were filled because they were left open once president barack obama left office. a lot of people question whether a democrat or republican should leave it and not fill it. >> that's why the american people chose a republican majority in the senate. it is why they rejected the obama-biden presidency and president trump in 2016. one of the most admirable qualities of the president is the fact he's been so transparent, then he shared his list of supreme court nominees and the americans before the

2016 election to the same thing. just a couple months ago. but i think it's very telling because the american people know what type of justice will be selected to the supreme court. they've been qualified, brilliant, or such, cavanagh, baratz. what we know about joe biden, you don't know what the list is. he hasn't released his list and i think the american people deserve to know what type of justice he will put on a cord. obviously, it's pretty obvious. it's going to be a very liberal justice. but i think that the american people are very concerned with where joe biden is when it comes to trying to create a activist supreme court, to wanting to expand the cord. those are just very, very dangerous approaches to take. again, the american people don't want that. i think they see with president trump that he has stood by his word when it came to releasing a list and knowing that were going to put strict

constitutionalists, not those that are going to legislate from the bench in these different federal judicial appointments that we have seen so far. >> shannon: kevin, mercedes says would be worrying to the average person if they knew that there is the far left a judge justice that was planned for the bind and administration. up but the fact that he's facing heat from the left and right and some on the left are worried he won't go progressive enough, how tough is it for him and not releasing his list and plans knowing that he's trying to keep both sides of his party happy? >> listen, joe biden has been very transparent on this. at last a bit with bernie sanders he said the first appointment to the u.s. supreme court will be a black woman jurist. that's extraordinarily transparent. mercedes, mercedes, tear point though, i think that is something that's never happened before. donald trump put it out there he's going to list all names and as you know, he added names since that case because all his nominees were not on the list,

mercedes, to be clear. shannon, tear point, the fact that there were so many vacancies, that's true, but thas donald trump's president and not republicans or democrats. this is not necessarily what has been the president in terms of presidential politics when it comes to supreme boy. but the reason why there are so many vacancies left over from the barack obama administration was because mitch mcconnell would not move on the vacancies. he made the gambit that a republican was going to take over barack obama, left the vacancies open on purpose so that he could pack the judiciary. >> shannon: it we've got to leave it there but yes the senate, very much in play this time around is a key player in deciding who gets to the pension who doesn't. kevin the mercedes, thank you both. >> thank you so much. >> thanks, shannon. >> shannon: a major mainstream newspaper openly saying tonight the media should treat to the hunter biden story as if it's a foreign intelligence operation.

even if it probably isn't. fox news senior political analyst brit hume has something to say about it and he weighs in. next. ♪ things, people shouting at me. it's ok. when you live with schizophrenia like us, it can feel like you're living in a different world. you should definitely talk to your doctor and ask about fanapt. ok. fanapt is approved for the treatment of schizophrenia in adults. in clinical trials, fanapt significantly improved symptoms of schizophrenia compared to placebo. cynthia, are you ok? i feel like everyone's out to get me. fanapt may change your heart rhythm which could elevate risk of sudden death. your doctor will consider this when deciding among treatments and may prescribe another medication first or may instruct you to take a smaller dosage of fanapt.

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usaa. what you're made of, we're made for. usaa >> shannon: more parades, cars, trains for the president over the weekend as poll numbers continue to suggest he's trailing joe biden both nationally and in battleground states. which of the better indicator who comes out on top when the ballots are counted. correspondent alex takes a look for us tonight. good evening, alex. >> good evening, shannon. there is eight days left before election day for both candidates kicking it into high gear on the campaign trail. trying to sway any last-minute undecided voters. >> trump supporters mobilizing with rallies of their own and the last days of election in new york, activists flashing had

rocks thrown at their caravan while driving through the city. in 1500 drivers in arizona forming a pro-trump raid, a similar site on long island crowds gathering to support the president. if trump himself holding nonstop rallies during the final stret stretch. on the other side of the race, former vice president joe biden today saying that he's taking no chances but holding far fewer rallies than the president. >> i' i want to make sure we can earn every vote possible. >> early voting in key states showing democrats are devoting their counterparts. 2.5 million democrats hit the polls compared to 2.2 million republicans. north carolina, 1.2 million democrats voted early compared to 952,000 republicans emma independence showing up in similar numbers with 924,000 people. and sylvania, president trump

made three stops today, 1.2 million democrats cast their ballots in contrast to 358,000 republicans so far. more than 62 million americans already voted and more than what he million doing by sending in their ballots in the mail. more than 21 million people going in early to vote themselves. shannon. >> shannon: alex, thank you. the trump campaign hoping hunter biden laptop story might have had a more positive effect on the president poll numbers, but one of the reason it hasn't seemed to is the possibility of coverage in the mainstream media. "washington post" analysis piecing advising journalists and citizens to treat the story as a foreign intelligence operator station. even if it isn't. we turn to fox news senior analyst brit hume, good to see you tonight. >> thank you, shannon.

this is the point of view of someone who probably has sense enough to know that the idea that this is russian disinformation is civilly and without basis in any known fac facts. it's not where perhaps, shannon, that you know this when hear the denial from the biden camp that nobody's really denying the authenticity of the laptop, or the emails. no one's really denying except in the most broad and general terms what they tell us. that's the kind of situation you have to think journalists would say wait a minute were not getting a strong analysis this is worth pursuing with then pursue it. alas, no. >> i thought it's interesting that the same piece from "the washington post" talk about it specifically and say the absence of the denial by the biden campaign should not be treated as a pass of admission of authenticity. then they will be forced to get into a tit for tat which

material is wood light judge and what's not. more oxygen to the story it doesn't mean that it's not. >> the argument there that it doesn't mean it's true. maybe so, but that's a pretty slender read to grasp you worried look, i'm not saying here that the absence of denial absolutely proves that the implications and what seems to be suggested by the emails is true, when i'm saying it ought to make any red blooded american journalist think they're not even denying this, we should pursue this! but they won't do it, they won't look into this, and cases like national public radio, they won't cover it. that's the objectionable thing as far i'm concerned as the point of the view from journalism. >> shannon: let's talk about polls because there's a lot of consternation about whether this is a repeat of 2016, whether we

learn lessons from 2017, calling it better and different more accurate this time around. this is what he had to say about it if the president ends up winning especially in a convincing way by election night. >> if he's right and the posters are wrong about the race, people like me are going t to to find your profession. >> shannon: what do the to you make of that? >> depends on what he means like people like me, i'm not aware that his polls, he does move moy focus groups. they cast the race by the results of their polling to be a well in favor and joe biden but there are some who have not. not everybody's going to be looking for a new line of work. at some will be vindicated if that's what happens. i'm not saying one way or another it well, i'm just saying that not all the polls have come out of the same way and some of those that are disagreeing with

the majority did pretty well the last time out in 16. we have to wait and see, don't we? >> shannon: let me ask you, there's a lot of back-and-forth and we talked about it on the show the last week or so the fact that ice cube and $0.50 have had eggs that are less than completely negative to say about president trump, chelsea handler who used to date mr. 50 san called him out and did you forget that your black? there's a tweet saying that president trump, maybe he wants to take back the endorsement that he gave him. a peer when he saw under the president biden. what you make the pylon of negative to be from any prominent afghan american who would even heads had to potentially supporting the president or his policies? >> there's a certain condescension, like what biden's head when he said if you are voting for a tromp you ain't black as if to say blacks should

vote as a block for a democrat r not really authentically black. which is arguably racist. it implies a feeling of superiority over another race. that's one of the definitions of racism. but obviously if she considered herself close to him she may not be a racist but it's a dumb thing to say. >> shannon: i think she's to say he's her favorite ex-boyfriend. brit hume, thank you very much. thanks for staying with us. >> thanks. >> shannon: all eyes on one county in indiana where the voters accurately aligned to the winner of the presidential election for 64 years straight. how are they leaning tonight? were going to talk with bret baier. next. ♪ 3 out of 4 people achieved...

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>> shannon: in the presidential of 1952, indiana went for adelaide stevenson, by then every presidential election since, so goes the rest of the country. talk about what makes this county so good at picking presidents with the chairman of the democratic party. if and the republican mayor of the county, duke, thank you for being with us. >> great to be here. >> thank you for having us. >> shannon: mayor, this goes back 1888, you guys have been off twice. what's it about your county that such a good predictor about what the rest of the country is going to do? >> i've always thought about this in a variety of different ways. really what it boils down to is what i believed to be the diversity of our community. we are known for any fracturing, higher education, farming, a variety of different people. people look for a candidate who

aligns with their values. whether it's republican or democrat, we see people who like republican and democratic governors along with presidents. we are very engaged year and a way that they want to find somebody who matches up to what their values are. >> shannon: and a piece in the indy star they wrote they said that some guests value people over political parties aren't influenced by different individuals from election to election. voters here are not afraid to stray from their parties so long as it means doing right by their community. mr. chairman. >> that's a fair statement. actually, if you look back to 1952 race, there's only a difference of 35 votes, believe it or not. if that streak could be over 100 years. particularly the national election cycle, they're willing

to listen to candidates from either party and they are very receptive to those natural campaigns and to the extent that those have been winning campaigns nationally, they've been winning within the county here. regardless of whether it's democrat or republican, when you see a county that is supported president obama and then conversely supported president trump, obviously, those campaigns that have been successful nationally have resonated in this county. >> shannon: when i've seen in local reporting there come other early voting numbers are incredibly high based on how this has performed in the past. quickly, to either of you, do you think that gives you any indication as to which we the county is leaning this time? mayor, you first and then mr. chairman. >> i would say they are very motivated to come out republicans and democrats. whether they're supporting trump or biden, they are very excited to be a part of the process. it may feel like it's a historic election and they're engaged whe the numbers are.

really kind of going through the roof. >> shannon: chairman, quick word. >> the numbers at this point, we voted more early than we have voted pre-election in 2016. obviously, we still have seven days of early voting to do. we think the numbers will be extremely high for prevoting. my experience i've been the chair for 24 years, people have a tendency to work harder against something then for them. whether that is for the cycle or not, we will see, but that's what the people are, they're energized and very interested much more so. >> shannon: okay, we will see if the record holds true this time around. thank you for your time and we appreciate it. >> you very much. >> shannon: more news next. ♪ e time in our lives, got very quiet. we worried over loved ones,

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>> shannon: third's aggressive new actions tonight to slow the uptick in covid-19 in several states. correspondent rick leventhal joins us now. good evening. >> good evening, shannon, the folks suffering from coronavirus fatigue need a brace themselves were not done yet. the virus is spiking again, fresh shutdowns and curfews from new york to chicago come into el paso, texas. if you tell where covid can give

my cases are shattering records, hospitals are making plans to ration services in the next week or two making a list of criterir which patients will be moved out of intensive care for us to make room for others if necessary. saying they're uncomfortably close to this grim call. hospitals and administrators asked them to approve crisis standards for icu patients. those getting worse move out first. younger patients get priority over older if otherwise conditions are the same, and pregnant patients are also prioritized with bed space quickly running out. of statements, governor gary herbert says that utah is at a turning point in hospitals are on the verge of being unable to meet the ever increasing demand for critical care. nationwide an average of nearly 70,000 new cases a day for the past week including more than 83,000 right and saturday. the search is being blamed for monday's stock dive, the dow dropping 650 points after congress and the white house failed to agree on a new

stimulus package. several states also set records for daily infections over the weekend including alaska, colorado, illinois, ohio, oklahoma, and new mexico. in chicago, business owners are revolting against the mayor's call for new curfews and lockdowns, bars, restaurants, nonessential businesses. many say they will stay open after 9:00 p.m. or 10:00 p.m. mandated closing time starting this friday. they and their employees are supposed to pay their bills. if down in el paso, officials are taking it a step further saying that they're at crisis stage, telling all residents to stay home for the next two week. imposing a 10:00 p.m.-5:00 a.m. review on top of it. hospitalizations have tripled their and icus are said to completely be full. el paso residents can be fined $250 for not wearing a mask. if people are allowed to go out to work or essential services and voting is one of the things

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>> tucker: the senate voting as we speak to confirm amy coney barrett to the supreme court of the united states. the count is just wrapping up right now. we are hearing the roll. when she is sworn in this evening, and apparently she's going to be at 9:00 p.m., the mother of seven will be the third supreme court justice appointed by this president, donald trump. no one expected that. for more of what this means for the court and the country we turn to bret baier, fox news chief political correspondent, the anchor of "special report" on this channel every night. bret, it is fair to say nobody expected this on many levels, but are you surprised on a political level that mitch mcconnell was able to hold these