Trump administration continues efforts to end ObamaCare

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Trump administration continues efforts to end ObamaCare

This is a rush transcript from "Special Report," July 8, 2020. This copy may not be in its final form and may be updated.

JOHN ROBERTS, FOX NEWS CHANNEL CHIEF WHITE HOUSE CORRESPONDENT: What do you want to bet, those two end up getting married? They're made for each other. Thanks, Greg.

The United States Supreme Court hands the Trump administration two major victories. President Trump claims a huge drop in mortality from the coronavirus, but Dr. Anthony Fauci says wait just a minute. And why some on the left are concerned about how Joe Biden might do in the presidential debates. This is SPECIAL REPORT.

Good evening and welcome to Washington. I'm John Roberts in for Bret Baier tonight. Tonight, the president is celebrating two major victories in the United States Supreme Court. The first allows more employers to opt out of providing no cost birth control over religious and moral objections. The other, sides with two catholic schools that certain employees cannot sue for employment discrimination.

Fox news chief legal correspondent and anchor of "FOX NEWS @ NIGHT" Shannon Bream is here now with the details. Good evening, Shannon.

SHANNON BREAM, FOX NEWS CHANNEL HOST: Hello, John. Well, you're right. A pair of decisions today that were big wins for the Trump administration. They're tied to religious liberty, those issues as we now tonight await a pair of additional decisions that could impact enormously this year's presidential election.

(BEGIN VIDEOTAPE)

BREAM: It's taken seven years and two trips to the Supreme Court, but today the Little Sisters of the Poor finally got what they've been fighting for. An exception to the Affordable Care Act regulation that would have forced them to provide cost free contraceptives to their employees in direct conflict with the tenets of their faith. Their specific mission, caring for the elderly poor in their final days.

SISTER CONSTANCE VEIT, LITTLE SISTERS OF THE POOR: It's unthinkable for us on the one hand to be holding the hand of the dying elderly and on the other hand to possibly be facilitating the taking of innocent unborn life.

BREAM: In 2017, the Trump administration issued new rules providing the nuns with an exception, the state of Pennsylvania and later New Jersey sued.

Today the court found the administration got it right. Justice Thomas writing for the majority, quote, the federal government has arrived at a solution that exempts the Little Sisters from the source of their complicity-based concerns. The administratively imposed contraceptive mandate.

Justice Ginsburg dissented, writing, for the first time, the court cast totally aside countervailing rights and interests in its zeal to secure religious rights to the nth degree.

In another seven, two opinion today, the justices ruled in favor of two catholic schools facing employee discrimination suits, finding that the two teachers fell within the ministerial exemptions to such lawsuits. Meaning they perform the vital religious duties such as educating their students in the catholic faith.

In recent weeks, Chief Justice John Roberts has been in the spotlight as a key swing vote in a number of critical cases. But just last night, a revelation. That he was injured in a fall June 21st and taken to the hospital where he was stitched up and kept overnight.

Robert suffered a seizure in 2007 and reportedly a similar incident in 1993 but this time around, doctors ruled out that possibility and say the fall was likely related to dehydration. Each justice decides for him or herself whether or not medical information is publicly released.

(END VIDEOTAPE)

BREAM: So, it's official, tomorrow will be the final round of opinions for this term that include two cases aimed at getting access to the president's financial records and tax returns.

Three House committees all controlled by Democrats and the New York state prosecutor have sued to get their hands on them. 10:00 a.m. Eastern tomorrow, John, we will have our answer from the justices.

ROBERTS: Those are going to be some big cases and we're glad that the chief justice is feeling OK after the fall. Shannon Bream for us tonight. We'll see you later on this evening. Shannon, thanks.

President Trump says mortality from coronavirus is down tenfold. One of his top medical advisors though calls the death rate a false narrative. This comes as infections in the United States surpassed the three million mark.

Still, the president is pushing hard for schools to reopen in just a few weeks. Correspondent Kristin Fisher is at the White House tonight where the president welcomed his counterpart from south of the border. And we are expecting to hear live from both of the leaders from the White House later on in this hour. Good evening, Kristin.

KRISTIN FISHER, FOX NEWS CORRESPONDENT: Good evening, John. Well, this was President Lopez Obrador's first foreign trip as president. His first time meeting President Trump in person and he flew here commercially, which is very unusual for a head of state and he was invited here by President Trump to celebrate the new North American trade agreement, the USMCA, which took effect exactly one week ago today.

(BEGIN VIDEOTAPE)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: It's the largest, fairest and most advanced trade deal ever reached by any country.

FISHER: President Trump standing with the president of Mexico and celebrating the fulfillment of a campaign promise from 2016 while also looking ahead to the fall of 2020.

TRUMP: We want the schools to be open then going in the fall and most of them I think are looking at it that way, it's very important.

FISHER: For the second day in a row, an administration wide push to get schools reopen this fall. And if they don't, President Trump is threatening to cut off funding.

MIKE PENCE, VICE PRESIDENTS OF THE UNITED STATES: We're going to be looking for ways to give states a strong incentive and encouragement to get kids back to school.

FISHER: New York Governor Andrew Cuomo says, if safe, he too wants schools open in the fall but that the decision is up to him, not the president.

GOV. ANDREW CUOMO (D-NY): He wants the schools reopened. It's not up to him. It's not up to him. It's not his legal authority, just like it was in his legal authority to say he's going to decide when the economy reopens.

FISHER: President Trump is also pushing the CDC to change its guidelines for safely reopening schools, guidelines the president calls expensive and impractical.

At today's Task Force briefing which was held at the Department of Education, the Vice President announced that the CDC will now be putting out new guidelines next week. And the head of the CDC said that the agencies guidance should not be used to justify keeping schools closed.

ROBERT REDFIELD, DIRECTOR, CENTERS FOR DISEASE CONTROL AND PREVENTION: That was not the intent of CDC's guidelines. It's to be used as a rationale to keep schools closed.

FISHER: As schools struggle with reopening in an era of social distancing and at a time when health experts are warning of a second wave this fall, President Trump is continuing to tell that the viruses mortality rate is among the lowest of any country, something task force member Dr. Anthony Fauci calls a quote, false narrative.

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTES OF HEALTH: There's so many other things that are very dangerous and bad about this virus. Don't get yourself into false complacency.

(END VIDEOTAPE)

FISHER: Now, noticeably absent from today's meetings at the White House was the Prime Minister of Canada, Justin Trudeau, the third signatory on the trade agreement. Trudeau says that he was not able to make it due to some scheduling conflicts and concerns about the coronavirus. But President Trump said in the Rose Garden that he will be hosting Trudeau here at the White House on another day at a more appropriate time, John.

ROBERTS: Kristin Fisher for us tonight at the White House. And again, we expect to hear from President Trump and the Mexican president in about 6:35 Eastern Time that has been scheduled for -- things tend to run though as Kristin knows, just a little late at the White House from time to time. Thanks, Kristin.

FISHER: You got it.

ROBERTS: Health officials in Texas report more than 10,000 new confirmed coronavirus cases in the Lone Star State on Tuesday, that is a record. Moments ago, the state announced a daily death count of 2,813. That increase of 98 is a new single day record.

Also today, Houston's Democratic mayor canceled the state Republican convention. That announcement coming as the president's point man in the virus fight says the recent increases in some places are beginning to level off.

Correspondent Casey Stegall has the latest for us tonight from Dallas.

(BEGIN VIDEOTAPE)

CASEY STEGALL, FOX NEWS CHANNEL CORRESPONDENT: After weeks of increasing case numbers across parts of the Sun Belt, today a glimmer of hope from the White House Coronavirus Task Force.

PENCE: We are actually seeing early indications of a percent of positive testing flattening in Arizona and Florida and Texas.

STEGALL: Hospitalization rates however are a different story.

DR. JOSEPH VARON, UNITED MEMORIAL MEDICAL CENTER: We have seen an exponential increase in the number of cases that we've had of COVID.

STEGALL: A 515 percent jump to be exact across all Texas hospitals since Memorial Day. Health data shows more than 2,600 patients are currently in the ICU, a 305 percent hike since the end of May. Forcing some providers to get creative, though they warn space is running out.

VARON: We are playing musical chairs in the middle of the night, moving one patient from one side to another.

STEGALL: In Florida, more than 55 hospitals around the state reported their ICU beds are already full. Another 33 telling Fox they've got less than 10 percent capacity remaining.

Today the vice president said additional help is on the way. More than a thousand doctors and nurses and medical personnel are being deployed to assist in the hardest hit areas.

The federal government has also opened new surge testing facilities in Edinburg, Texas; Baton Rouge, Louisiana and Jacksonville, Florida. They're free and open to the public.

HHS says, with the primary goal of identifying asymptomatic patients to help lower further community spread.

ADM BRETT GIROIR, ASSISTANT SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES: We already have almost 6,500 appointments already made this morning, so that going very, very well.

(END VIDEOTAPE)

STEGALL: And more college sports cancellations are coming in tonight among division one schools. The Ivy League, whose eight members include Yale, Princeton and Harvard now announcing that they will cancel the athletic events for not just the fall but also winter over these virus concerns, John.

ROBERTS: Casey Stegall for us tonight. Casey, thanks so much.

Los Angeles County supervisors are considering a plan to close the Men's Central Jail within a year. Last year, supervisors rejected a proposal to replace the facility. Today, Supervisor Hilda Solis said the coronavirus pandemic presents a magnified and reaffirmed need to close the jail altogether.

An army officer who was a key witness in President Trump's impeachment trial is retiring. The lawyer for Lieutenant Colonel Alexander Vindman says his client has determined his career, quote, will forever be limited because of retaliation by the president and his allies.

President Trump fired Vindman as the National Security Council's top expert on Ukraine back in February. A senior defense official confirms to Fox the Defense Secretary Esper signed off on Vindman's promotion to full bird colonel on Monday. Vindman though will retire at the lower rank.

Stocks are up today, the Dow gained 177. The S&P 500 finished ahead 25. The NASDAQ jumped 149 points.

Two major universities are suing the Trump administration over the enforcement of a rule that could adversely affect foreign students who are studying in this country.

National Correspondent William La Jeunesse takes a look tonight from Los Angeles.

(BEGIN VIDEOTAPE)

NEHA JAIN, NORTHEASTERN UNIVERSITY: I just feel there's a complete lack of empathy.

WILLIAM LA JEUNESSE, FOX NEWS CHANNEL NATIONAL CORRESPONDENT: Just weeks before classes begin, President Trump has foreign students and U.S. universities scrambling to save their school year.

CHRISTINA LUTHER, DIRECTOR OF INTERNATIONAL STUDENT SCHOLAR SERVICES, PORTLAND STATE UNIVERSITY: My heart is really going out to the international students in the country. I think that this is sending a very strong message that we don't want to have them here.

LA JEUNESSE: A million foreign students attend U.S. universities. After granting exemptions for spring and summer, ICE will now enforce a mandate that requires them to attend in person classes even if their colleges go entirely online.

TERRY HARTLE, SENIOR VICE PRESIDENT, AMERICAN COUNCIL ON EDUCATION: If you make a decision to open online because it's the best way to keep your campus community safe, keep in mind that you're also making a decision to send all of your international students' home.

LA JEUNESSE: The ICE rule's been on the books because of fraud. Many foreign nationals who couldn't enter the U.S. legally got student visas from online colleges, then worked under the table.

VITAL D'CARPIO, IMMIGRATION ATTORNEY: In this case, they are talking about people who are right here legally, who had to wait to get a visa.

LA JEUNESSE: This morning, Harvard and MIT sued the administration calling the rules impossible, expensive, and dangerous to send students home or force them into class during a pandemic.

GOV. JAY INSLEE (D-WA): This is a typically xenophobic and reckless act by the administration.

LA JEUNESSE: Some Berkeley students hope to skirt the rule by holding a one hour in person class taught by students. ICE said that won't cut it.

UNIDENTIFIED FEMALE: We're not sure if we should go back to home country or stay here.

(END VIDEOTAPE)

LA JEUNESSE: For universities, this is a big deal, $40 billion infusion of foreign cash. It's now up to a federal judge in Boston to approve this restraining order or not, John.

ROBERTS: William La Jeunesse reporting for us tonight from Los Angeles. William, thank you.

One of the now former Minneapolis police officers accused in the death of George Floyd is asking to have charges against him dropped. An attorney for Thomas Lane says the case against his client should be dismissed for lack of probable cause.

Attorney Earl Gray says Lane asked twice if the officers should turn Floyd on his side. The officer who used his knee to pin Floyd's neck to the ground said no. Lane is charged with aiding and abetting second-degree murder and manslaughter.

There are new calls tonight for New York Mayor Bill de Blasio to resign over the epidemic of violence in his city and his support of drastically defunding police. Law enforcement reform is a major issue in several big cities.

Correspondent Aishah Hasnie shows us tonight.

(BEGIN VIDEOTAPE)

AISHAH HASNIE, FOX NEWS CHANNEL CORRESPONDENT: As calls to defund and dismantle the police spread across the country, Philadelphia's chapter for Black Lives Matter announces it has a five-year plan to do just that.

YAHNE NDGO, ORGANIZER, BLACK LIVES MATTER PHILADELPHIA: We don't want to see any police in our community. Five years gives time for the community to begin to build what is needed instead of police.

HASNIE: The chapter president also thinking federal changes to the president's authority to send the National Guard in to any state with or without an invitation.

NDGO: That creates a lot of danger or harm.

HASNIE: This as crime skyrockets in the nation's largest cities. In New York, a father gunned down in broad daylight holding his 6-year-old daughter's hand. Gun violence was up 130 percent in June compared to last June. Numbers police say they haven't seen in a quarter of a century.

BILL DE BLASIO, MAYOR OF NEW YORK CITY, NEW YORK: We're dealing with unprecedented reality.

HASNIE: Mayor Bill de Blasio, blames coronavirus. Former New York City police commissioner Ray Kelly feels differently.

RAY KELLY, FORMER COMMISSIONER, NEW YORK POLICE DEPARTMENT: I lay the problems in New York City solely at the feet of Bill de Blasio. He has eviscerated the police department. One of the most important and significant things he did was to eliminate the anti-crime units. Retirements are at record levels, and the future is quite frankly very bleak.

HASNIE: New York Congressman Lee Zeldin, now calling on the mayor to step down.

REP. LEE ZELDIN (R-NY): I really believe he has to be removed and the city won't survive him staying in for the remainder of his term.

(END VIDEOTAPE)

HASNIE: Mayor de Blasio's term ends at the end of 2021. If he were to resign, then, the city's public advocate, Jumaane Williams will be next in line to take over. Although he wants to see even more cuts made to police.

A New York City mayor hasn't resigned since 1932. And we have yet to hear a comment about this from Mayor de Blasio himself. John?

ROBERTS: Aishah Hasnie in New York City tonight. Aishah, thanks.

Up next, President Trump's continued efforts to get rid of Obamacare. Will they help him or hurt him in November?

First, here is what some of our Fox affiliates around the country are covering tonight. Fox 57 in Columbia, a South Carolina Republican Senator Tim Scott, hosts Attorney General William Barr for discussions with law enforcement and religious leaders. Barr, says all parties need to avoid extremes, make improvements, and strike a balance.

Fox 32 in Chicago, as United Airline, says it will send layoff warnings to 36,000 employees, nearly half its U.S. staff because of losses from coronavirus. United officials say they still hope to limit the number of layoffs by offering early retirement.

And this is a live look at Milwaukee from Fox 6, one of the big stories there tonight. The postponement of this year's Ryder Cup golf event scheduled to be played at Whistling Straits in Wisconsin. The international competition will take place next fall at the same venue. Officials say they based the decision on guidance from the CDC and other institutions.

That's tonight's live look "OUTSIDE THE BELTWAY" from SPECIAL REPORT. We will be right back.

(COMMERCIAL BREAK)

ROBERTS: Harry Potter creator, J.K. Rowling is among 150 prominent writers, academics, and activists who were sounding off about the growing cancel culture.

Rowling and fellow authors, Margaret Atwood, Noam Chomsky, and Salman Rushdie are among the signatories of a letter that will be published in Harper's Magazine, cautioning against what they term is a new set of moral attitudes and political commitments that are weakening open debate and tolerance.

The letter says, "The way to defeat bad ideas is by exposure, argument, and persuasion, not by trying to silence or wish them away. We refuse any false choice between justice and freedom, which cannot exist without each other."

One of the big issues in November as we deal with the coronavirus pandemic will be health care. The Trump administration continues its efforts to get rid of Obamacare, and that will be a rallying point for Democrats who want to stop him.

Tonight, correspondent Mark Meredith looks at where the battle lines are being drawn.

(BEGIN VIDEOTAPE)

JOE BIDEN (D), PRESIDENTIAL CANDIDATE: It's a law that saves lives.

MARK MEREDITH, FOX NEWS CORRESPONDENT: Democrats campaign on health care almost every election. And this year, the issue may matter more than ever.

LESLIE DACH, CHAIR, PROTECT OUR CARE: Health care is still the number one kitchen table issue in America. But people now see it through the eyes of the pandemic.

MEREDITH: Leslie Dach with Protect Our Care has fought for years to prevent Obamacare from being dismantled. Now, he's on guard as the Supreme Court could declare the program invalid after Congress repealed the individual mandate, the law imposing a tax for not having coverage.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: That was a big deal. That was one of the most unpopular things anywhere or on any subject.

MEREDITH: President Trump, says he hopes the court strikes down Obamacare once and for all, leaving Democrats outraged.

REP. NANCY PELOSI (D-CA): It was wrong any time, now it's beyond stupid. Beyond stupid.

MEREDITH: The Trump administration says it will unveil a new health care plan if and when Obamacare is killed off by the court. Critics say they're bluffing.

DACH: Well, it's hard to keep a straight face on that.

MEREDITH: Meantime, Medicaid is growing. Voters in traditionally conservative Oklahoma recently approved a ballot initiative to expand health care coverage for low-income residents.

Jonathan Schleifer led the effort for The Fairness Project.

JONATHAN SCHLEIFER, EXECUTIVE DIRECTOR, THE FAIRNESS PROJECT: The Americans want to provide more health care and not less. We understand what's at stake. I mean, frankly, the debate around the ACA has actually heightened everyone's awareness as to how important providing health care is.

MEREDITH: Schleifer thinks the pandemic as people rethinking their views on government health care options, as many Americans may fear their jobs and health benefits could vanish at any time.

(END VIDEOTAPE)

MEREDITH: Next month, voters in Missouri will decide whether or not to expand Medicaid, even though Missouri is one of 18 states suing to have Obamacare abolished.

In Washington, Mark Meredith, Fox News.

ROBERTS: All right, coming up next, why some on the left are increasingly worried about how Joe Biden might perform against President Trump in the debates.

First, "BEYOND OUR BORDERS" tonight, Serbian police, say 23 people had been detained, and scores of police officers and demonstrators injured in clashes that erupted over the return of lockdown measures against the coronavirus.

Yesterday, Serbia reported its highest single-day death toll of 13 amid 299 new COVID-19 cases.

Actor Johnny Depp denies hitting ex-wife Amber Heard during cross- examination by a lawyer for the British tabloid, The Sun. The newspaper is defending a libel claim after calling Depp, a wife beater. Depp says Heard's claims are untrue.

North Koreans marked the 26th anniversary of the death of the country's founder, Kim Il-sung. Video on state T.V. shows North Korean people placing flowers and paying tribute at statues of Kim Il-sung and his son, Kim Jong- il in Pyongyang. Kim Il-sung led his country from its founding in 1948 until he died in 1994.

Just some of the other stories "BEYOND OUR BORDERS" tonight. We will be right back.

(COMMERCIAL BREAK)

ROBERTS: Former Trump advisor, Roger Stone, tells Fox News, his Facebook accounts have been restricted and taken down. Facebook's top security policy officer confirms that Stones accounts were among 54 Facebook accounts, 50 Facebook pages, and four Instagram accounts that were closed today for policy violation.

In tonight's "DEMOCRACY 2020" report, growing concerns from the left about how Joe Biden might do against President Trump in debates. These concerns mount as a new player in the political field enters the presidential picture. Correspondent Peter Doocy has tonight's wrap up.

PETER DOOCY, FOX NEWS CHANNEL CORRESPONDENT: Today, Joe Biden took aim at Trump from afar.

BIDEN: Look what's going on internationally, look what's going on at home. It's always about him.

DOOCY: He'll have three chances to say that to Trump's face this fall, with socially distanced debates ahead. The Biden campaign has committed to three, but one liberal opinion writer urges Joe not to go unless the president agrees to release recent tax returns and real-time fact-checking.

New York Times columnist Tom Friedman, writes, "Trump might very well lie and mislead for the entire debate, forcing Biden to have to spend a majority of his time correcting Trump before making his own points. That is not a good way for Biden to reintroduce himself to the American people. And let's not kid ourselves, these debates will be his reintroduction to most Americans, who have neither seen nor heard from him for months if not years."

Voters are just now being introduced to Kanye West the candidate. The rapper tells "Forbes" the idea to run came to him in the shower, and he hired Elon Musk as an advisor, but hasn't filed any paperwork or hired any staffers. West tells "Forbes" he's done supporting Trump and finds Biden flawed, too. Quote, "A lot of times, just like political parties, they feel all blacks have to be Democrat. This man, Joe Biden, said if you don't vote for me, then you are not black." It's unclear how West would fare, so for now Biden is continuing voter outreach as best he can.

JOE BIDEN, (D) PRESIDENTIAL CANDIDATE: The phrase, everybody's been woked. Guess what. The rest of the working-class people in America have been awakened.

(END VIDEOTAPE)

DOOCY: It's another sign of how unique this cycle is. The 77-year-old Biden is using terms like "woke" while the 43-year-old Kanye West is pledging to make his campaign theme "Happy Birthday," which would make him the only candidate with a song everybody already knows. John?

JOHN ROBERTS, FOX NEWS ANCHOR: And many people do their best thinking in the showers. Peter Doocy for us tonight. Peter, thank you.

Some Democrat moderates in Congress are looking over their shoulders tonight, anxious about the prospects of hanging onto their jobs after the November election. Our Senior political correspondent Mike Emanuel tells us that is because the party as a whole is moving to the left.

(BEGIN VIDEOTAPE)

MIKE EMANUEL, FOX NEWS CHIEF CONGRESSIONAL CORRESPONDENT: The road to a Republican majority in the House runs through some moderate districts in New Jersey held by freshman Democrats. Josh Gottheimer, Tom Malinowski, Mikie Sherrill, and Andy Kim are all expected to face very competitive races in November.

REP. ANDY KIM, (D-NJ): What I keep hearing from people is they just want to be able to move past this hyper-partisanship, find areas of common ground, and build on that?

EMANUEL: Tom Kean Jr., son of the former New Jersey governor with the same name, is taking on Malinowski.

TOM KEAN, (R-NJ) U.S. CONGRESSIONAL CANDIDATE: Since going down to Washington D.C. he has voted with Nancy Pelosi 97 percent of the time. And when you vote with Nancy Pelosi 97 percent of the time, it means you're voting against your own constituents.

EMANUEL: One challenge for the moderates is having to defend controversial comments from members of the so-called squad.

REP. ILHAN OMAR, (D-MN): We are fighting to tear down systems of oppression that exist in housing, in education, in health care, in employment, in the air we breathe.

EMANUEL: Jeff Van Drew was a freshman Democrat who changed parties and fully embraced President Trump. Van Drew is foreshadowing how Republicans will link moderates to the left. Quote, "While the Democrats were tripping over each other to appease the radical left in a bitter and divisive primary, our Republican Party came together and is united as we head into the general election." Van Drew faces Amy Kennedy in November, an educator and daughter-in-law of the late Senator Ted Kennedy.

(END VIDEOTAPE)

EMANUEL: Expect Republicans to go after the New Jersey freshman Democrats, noting they ran as moderates but have been in line with Pelosi and the progressives on major agenda issues. John?

ROBERTS: Mike Emanuel for tonight. Mike, thanks.

The push from many directions to get your kids back in school classrooms this fall. We will get reaction from the panel when we come back. And a live shot of the Cross Hall in the White House as we await President Trump and AMLO, the president of Mexico, who will be making statements coming up in the next few minutes.

(COMMERCIAL BREAK)

ROBERTS: Live pictures from the Cross Hall at the White House where we are expecting President Trump and the Mexican president any moment now. You can see that Vice President Pence has taken his seat, which means that we are probably just a couple minutes away from this.

But first --

(BEGIN VIDEO CLIP)

DONALD TRUMP, (R) PRESIDENT OF THE UNITED STATES: We want the schools to be open and going in the fall, and most of them I think are looking at it that way.

MIKE PENCE, U.S. VICE PRESIDENT: For children that have mental health issues, for special needs children, for nutrition, for children in communities facing persistent poverty, the school is the place where they receive all those services.

LILY ESKELSEN GARCIA, NATIONAL EDUCATION ASSOCIATION: I double dog dare Donald Trump do sit in a class of 39 sixth-graders and breathe that air without any preparation for how we are going to bring our kids back safely.

(END VIDEO CLIP)

ROBERTS: A real political tug-of-war in the nation between a president and parents who want children to go back to school, and other lawmakers and parents who say it's too soon.

Let's bring in our panel tonight, Jonathan Swan, national political reporter for "Axios" is with us, as is Kimberley Strassel, a member of the editorial board at "The Wall Street Journal." And we are waiting for Steve Hayes, editor of "The Dispatch," to join us. We will let you know when he does.

Kimberley, let's start with you. The president saying this morning in a tweet that he disagrees with the CDC "on their very tough and expensive guidelines for opening schools. While they want them, they are asking schools to do very impractical things. I will be meeting with them." Among the impractical things the president talks about, reconfiguring classrooms for six foot separate, closing communal use shared spaces, creating one-way routes in hallways, and upgrading ventilation systems. It's interesting that the president is at odds, Kimberley, with his own Centers for Disease Control which say they are going to come out with new guidelines next week.

KIMBERLEY STRASSEL, WALL STREET JOURNAL: One of the problems with the CDC all throughout this pandemic is it hasn't been clear about where or why it comes up with the recommendations it makes, and then it changes them. And one of the problems with these is you can look at real-world examples already of where schools are open, and they are not necessarily taking this guidance or following that. Look at the Netherlands. They've had their schools open since May and without social distancing, and it's been working.

ROBERTS: And we need to go quickly to the White House. Just hang in there. We'll be right back with you.

DONALD TRUMP, (R) PRESIDENT OF THE UNITED STATES: -- working for a little while longer, but it's an honor to have you in the White House. Tonight's gathering follows a productive day of meetings and concludes an exceptional visit in which we made tremendous strides on behalf of our countries.

To your great president, I would just like to say that it's been a profound privilege to have you with us today, and it's a profound privilege to have you as my friend. We've had a great relationship right from the beginning. And I think that maybe it was against all odds.

(LAUGHTER)

TRUMP: A lot of people were betting against it. But they've learned not to bet against us, I suspect. I know they've learned that in Mexico. The people of Mexico and the United States are joined together by shared values, shared faith, and shared future on this beautiful continent. We are both proud, sovereign nations built over generations by the sweat, sacrifice, and devotion of hardworking people who love their country and who give everything they have to create a better life for their beautiful children.

In the United States, the extraordinary contributions of Mexican-Americans are felt in every industry, every community, and every facet of our nation. From art to commerce to science to medicine, the Mexican people are incredible. They upheld our highest values -- God, family, and country. They launched small businesses, propel industries, and serve heroically in police departments and in our great military.

As we gather tonight, we reflect on all that are two people have accomplished together over the span of many generations, and we embrace the incredible opportunities that lay ahead. We're each blessed with a vast land that touches both the world's great oceans, extraordinary natural resources, and above all, we are blessed with some of the most spirited, adventurous, determined, and talented people on the face of the earth. It's all about the people.

Mr. President, I'm certain that together we can unlock a future of even greater potential for our children, prosperity for our people, safety for our citizens, and pride for our countries. With today's visit, I've never been more confident that the future of this precious relationship and the destiny of this majestic continent will never be in better hands and never had a better future.

Once again, I want to thank you and all of your representatives for being here today. It's a great honor. It's a great honor to be with you. Thank you very much.

I'd now like to invite President Lopez Obrador to say a few words on behalf of the incredible people of Mexico. Thank you.

(APPLAUSE)

ROBERTS: President Trump there in the Cross Hall of the White House with Andres Manuel Lopez Obrador, the president of Mexico. They are not expected to take questions, but we will monitor it in the event that they do. Jonathan Swan, you saw the two presidents earlier today in the Rose Garden and again there in the Cross Hall. This is the second world leader to come visit the White House since the coronavirus crisis hit, and AMLO's first venture outside the country. clearly the relationship between Mexico and the United States is an important one. They signed the new USMCA agreement this afternoon. Your thoughts as we watch the president there today with President Obrador.

Politically, it's helpful to President Trump. It gives him a chance to talk about one of the signature accomplishments of this three-and-a-half years in office, that is rewriting NAFTA, coming up with the U.S.-Mexico-Canada agreement. And there's also fond memories from the 2016 campaign trail where the president traveled to Mexico, had that surprise appearance there, and when I talk to people who were on that campaign, it was one of those moments that they saw as a turning point in the campaign and gave him a real gust of momentum as he came back to America. So I think there are echoes of that now where he's in a tough spot in 2020 and looking for something to reignite his election campaign.

ROBERTS: So the two leaders will continue to talk there in the Cross Hall again. If they take questions, we will come back to them.

We do want to come back to the panel, though, because we have got a lot of news on whether or not children should go back to school in the fall and a couple big Supreme Court rulings. So stay with us on SPECIAL REPORT. We'll be right back.

(COMMERCIAL BREAK)

ROBERTS: And we continue to monitor what's going on at the White House right as President Trump and the president of Mexico both making statements. They are not expected to take any questions, so we are going back to our panel just now. And there you can see the two presidents finishing, and I believe that they are probably pretty much done.

Sorry, I'm just waiting to see what President Trump said. Yes, and they are finished.

So let's get back to what we were talking about before, which is whether or not kids are going to go back to school this fall. The president, as we pointed out a few minutes ago, very critical of the Centers for Disease Control over guidelines he says are onerous and expensive. But both the director of the Centers for Disease Control and the Vice President Mike Pence today, wait a minute, CDC guidelines are not meant to keep students out of school this fall. Let's listen to this exchange.

(BEGIN VIDEO CLIP)

DR. ROBERT REDFIELD, DIRECTOR, CENTERS FOR DISEASE CONTROL AND PREVENTION:  The purpose of CDC's guidance is, remember, it's guidance. It's not requirements. And its purpose is to facilitate the reopening and the keeping open the schools in this country.

MIKE PENCE, U.S. VICE PRESIDENT: We want to make it very clear that the guidance we are issuing is not to supplant the laws, the rules, the regulations, or the decisions at the state level. It's meant to create essentially a range of options.

(END VIDEO CLIP)

ROBERTS: Now, one of the things that has happened since we last left you with the panel is we have found Steve Hayes. And Steve, why don't you weigh in on this. What the vice president and the Centers for Disease Control director said was after the president tweeted. Is there some sense here that the president looks like he is strong-arming the CDC on this point?

STEVE HAYES, FOX NEWS CONTRIBUTOR: Sure. I think that seems plain on its face. And I think the CDC guidance was issued for a reason. And whether or not the effects are to lead to the closing of schools or the continued closing of schools should be irrelevant. What should matter here are the public health implications.

I think what we are watching happen in real time is what should be a public health matter be pulled further and further into the political and culture wars taking place in this country. And there are all sorts of reasons for that, but this has not been the kind of process that you want to see where you had public health officials providing their very best guidance, elected leaders taking that guidance and then forming decisions and determining the next steps from there.

I think this is yet another example of the kind of whipsawing of the state and localities as they try to figure out -- they have been working off the CDC guidelines as they've been trying to figure out what comes next. And now there is sort of a new wrinkle thrown in, not because necessarily of any new public health findings. But I think, and it appears inescapably because of politics.

ROBERTS: And as we mentioned before we managed to hook up with Stephen, the vice president said that the CDC will come out with new guidelines next week.

President Trump tweeting this morning that other people are doing it, why not us. He tweeted, quote, "In Germany, Denmark, Norway, Sweden, and many other countries, schools are open with no problems. The Dems think it would be bad for them politically if U.S. schools open before the November election, but is important for the children and families. May cut off funding if not open!" Kimberley, the president suggesting he has got a lever there to try to force schools into reopening, but does he really?

STRASSEL: I don't think he really does have a lever, because we've had a lot of different disagreements at that level about when the president has the ability to unilaterally cut off money to the states if they don't comply. We had that with sanctuary cities.

But he does make an excellent point. I agree with Steve. We don't want this pulled into the political realm. But at the same time there's a lot of reason to ask a question the CDC guidance that was there, and reason not to believe that it's the public health -- the right way to go. As the president pointed out, look at the Netherlands. The Netherlands has had schools open since May. And not only that, they have their own recommendations is that you don't even need social distancing for children under the age of 17. And their schools have been proceeding great and they haven't had any spikes or problems with the virus there. So we have real- world evidence that you can do and do this safely.

ROBERTS: One of the other big stories of the day was the Supreme Court decision, the seven to two decision today, that religious organizations like the Little Sisters of the Poor do not have to provide free contraceptive services under the ACA for people who are working for them. Jonathan Swan, this has been called a big win for the Little Sisters, but it's also a big win, I would think, for the Trump administration who set the policy for this to happen.

SWAN: Yes, it is, for sure. The writing was on the wall on this one for a while. And it also forms a pattern. When it comes to -- there's been a lot of criticism, conservative criticism of Chief Justice John Roberts for some of his rulings, but when it comes to matters of religious expression and religious freedom, that does tend to carry the day in the Roberts court. You've seen that in a number of decisions. There was the ruling about the Muslim inmates and growing a beard. You've seen it with this ruling today. Last week they said states that subsidize private schools cannot exclude religious schools. So if you're somebody who is supportive of religious freedom and you support the president, this was a really good week.

ROBERTS: Stephen, the big opinion that we are expecting to come down tomorrow will be over whether or not President Trump has to release his tax returns. Should the court rule against the president? What's the follow?

HAYES: Just when we need things to be amped up even further, right, we have that decision, the potential of some Supreme Court retirements. I think we are short of getting started here.

Let me amplify what Jonathan said. This is a really under-covered story, I think. There's been a tremendous winning streak for religious liberty at the Supreme Court. It hasn't been covered. There have been some cases where it's been two steps forward, one step back. But this has been one heck of a streak, and I think it's one of the things that will likely determine the legacy of the Roberts' court.

ROBERTS: Thanks all for joining us today, and sorry for the interruption earlier, but sometimes breaking news gets in the way. And when we come back, some good news to share with you.

ROBERTS: And finally tonight on SPECIAL REPORT, making new friends. At least once a week during lockdown, eight-year-old Tallulah would see her neighborhood delivery driver, Tim Joseph, who is deaf. The young girl from Manchester, England, drew Tim a rainbow picture saying thank you, but she wanted to communicate further and decided to learn some sign language. In the touching video that you can see here, Tallulah greets Tim with a smile and signs to him "have a good day."

And thank you for watching SPECIAL REPORT. I'm John Roberts in Washington.

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