>> HI I'M MARC ROTTERMAN.

COMING UP ON FRONT ROW, WE'LL TALK ABOUT PRESIDENT BIDEN'S FIRST YEAR ON THE JOB, THERE'S A BRAND NEW STATEWIDE POLL ON THE REPUBLICAN PRIMARY FOR U.S. SENATE.

AND GOVERNOR COOPER EXPANDS HIS CLEAN ENERGY PLAN.

NEXT!

[ANNOUNCER SPEAKING] ♪ A COMPLETE LIST OF FUNDERS CAN BE FOUND AT: ♪ >> WELCOME BACK JOINING THE CONVERSATION, MITCH KOKAI WITH THE JOHN LOCKE FOUNDATION, DEMOCRATIC STATE SENATOR JAY CHAUDHURI, POLITICAL ANALYST JOE STEWART AND NELSON DOLLAR SENIOR ADVISOR TO NORTH CAROLINA SPEAKER OF THE HOUSE.

LET'S START WITH PRESIDENT BIDEN'S FIRST YEAR ON THE JOB.

MITCH WHY DON'T YOU KICK US OFF.

>> JANUARY 20TH, WHICH IS THIS COMING THURSDAY, OFFICIALLY MARKS ONE YEAR IN OFFICE FOR PRESIDENT BIDEN AND HIS SUPPORTERS ARE POINTING TO A LIST OF ACCOMPLISHMENTS.

490 BILLION COVID JABS IN ARMS, MORE JOBS AND LESS UNEMPLOYMENT THAN WHEN HE TOOK OFFICE TRILLIONS IN NEW GOVERNMENT SPENDING.

AND THEN CRITICS RESPOND WITH AN EVEN LONGER LIST SAYING HE COMPLETELY FAILED ON THIS ISSUE OF SHUTTING DOWN COVID-19 AND THERE ARE NOW MORE OVERALL DEATHS UNDER PRESIDENT BIDEN THEN THERE WERE UNDER DONALD TRUMP.

ALSO THERE HAS BEEN A PROBLEM IN TERMS OF THE INFLATION LEVEL BEING HIGHER THAN WE'VE SEEN IN DECADES ALL OF THIS SPENDING IS HAVING AN IMPACT ON THE ECONOMY THAT'S NOT A GOOD ONE.

WE'VE ALSO SEEN HIM HAVE SOME PROBLEMS, PRESIDENT BIDEN THAT IS, GETTING SOME BIPARTISAN AGREEMENT ON THINGS LIKE THAT BUILD BACK BETTER PLAN THAN THE LEGA -- >> THAT'S DEAD RIGHT?

>> IT SEEMS THAT SEEMS TO BE DEAD IN THE WATER AND THE LATEST CONTROVERSY AND CRITIQUE HE HAD WAS OVER THIS VERY STRIDENT DIVISIVE SPEECH ABOUT ENDING THE FILIBUSTER SO YOU CAN GET THE DEMOCRATS WISH LIST ON NATIONALIZING ELECTION RULES.

THAT HAS ALL OF THIS IS TAKING PLACE VOTERS DON'T SEEM TO BE ALL THAT THRILLED ABOUT WHAT'S HAPPENING IF YOU LOOK AT THE REAL CLEAR POLITICS AVERAGE HE'S AT ABOUT 42% JOB APPROVAL, 12 POINTS UNDER WATER AND THERE WAS EVEN A POLL THIS WEEK FROM QUINNIPIAC THAT PUT HIM AT 33% JUST ONE-THIRD SUPPORT WITHIN THE NATION THAT'S AS LOW AS THE LOWEST POINT UNDER DONALD TRUMP AT HIS WORST.

>> JAY YOU HAVE FLOOR MY FRIEND.

>> WELL, I'LL TELL YOU ONE THING THE QUINNIPIAC POLL HAS BEEN PUT THEY'VE BEEN PUSHED BACK IN THE BIDEN ADMINISTRATION AGAINST THAT I THINK IT'S AN OUTLIER BUT A COUPLE OF THINGS, I THINK ONE IS BIDEN AND DEMOCRATS ARE NOT DOING ENOUGH TO TAKE CREDIT FOR A STRONG TWO YEAR PERFORMANCE.

WE'VE GOT A STOCK MARKET THAT'S AT RECORD HIGHS AND GDP GROWTH THAT'S PROJECTED TO BE AT 5.5% AND I THINK DEMOCRATS NEED TO STOP BEING HUMBLE AND START TAKING CREDIT.

I MEAN THE FACT OF THE MATTER IS BIDEN HAS SAVED THE ECONOMY HE'S TACKLED THE VIRUS.

I THINK THAT WE'RE GOING TO SEE A BETTER -- >> IS IT A MESSAGING PROBLEM?

>> I THINK IT IS A MESSAGING PROBLEM AND I THINK PART OF THE REASON WE HAVE A MESSAGING PROBLEM IS THAT THE AMERICAN PERCEPTION TENDS TO LAG THE ECONOMIC CONDITIONS, SO ONCE WE SEE THE ECONOMIC CONDITIONS, BIDEN AND DEMOCRATS COULD ACTUALLY BE BETTER POSITIONED GOING INTO THE MID TERM BECAUSE THAT LAG IN THE BOOM MAY HAPPEN TOWARDS THE 2ND HALF OF THE YEAR.

>> NELSON, YOU AGREE WITH JAY DON'T YOU?

[LAUGHTER] >> WHAT YOU HAVE TO DO IS YOU HAVE TO GO BACK TO JULY.

SO JULY 4TH BIDEN DECLARED AMERICANS COMING BACK TOGETHER COVID VIRUS NO LONGER CONTROLS OUR LIVES NO LONGER PARALYZES THE NATION, ON JULY THE 8TH HE SAID THAT MILITARY FORCES IN AFGHANISTAN ARE ON TRACK FOR SMU'S EXIT WITH NO LOSS OF US LIVES AFGHAN ALLIES WOULD LEAVE SAFELY WE HAVE A PEACE PROCESS.

ON JULY 19TH BIDEN SAID NOBODY'S SUGGESTING THERE'S UNCHECKED INFLATION ON THE WAY NO SERIOUS ECONOMIST, SO THAT'S 0 FOR 4 RIGHT THERE AND THOSE ARE THE REASONS WHY HE IS POLLING AT HIS LOWEST NUMBERS SINCE HIS PRESIDENCY -- >> HE HASN'T HAD A GOOD COUPLE WEEKS HAS HE?

>> NO IT'S BEEN IT'S BEEN REALLY TOUGH AND I SAY THERE ARE REALLY ONLY 2 THINGS THAT THE AMERICAN PEOPLE HOLD THE PRESIDENT ACCOUNTABLE FOR, THINGS THAT ARE LEGITIMATELY THE PRESIDENT'S FAULT, AND EVERYTHING ELSE.

[LAUGHTER] TO SOME EXTENT BIDEN IS NOT THE BENEFICIARY OF INCREDIBLY POSITIVE ECONOMIC NEWS, THE S AND P 500 FINISHED THE YEAR UP 30%, ALL 11 SECTORS IN THE COMPOSITE HAVE DONE WELL BUT SOMEHOW THE MESSAGING OF THE WHITE HOUSE IS NOT GIVING BIDEN THE BENEFIT OF GOOD NEWS THAT AMERICANS SHOULD FEEL PROUD ABOUT.

>> YEAH, BUT THE ECONOMY IS NOT GOOD FOR THE BLUE COLLAR RIGHT NOW PRICES ARE UP ALMOST ACROSS THE BOARD AREN'T THEY?

>> WITH SUCH AN INFLATION ISSUE THAT WE HAVEN'T SEEN FOR DECADES, THAT CAN'T GET A GOOD SIGN FOR ANYONE WHO'S IN OFFICE, I THINK ONE OF THE BIGGEST PROBLEMS FOR PRESIDENT BIDEN RIGHT NOW IS THAT WHEN HE CAME TO OFFICE A LOT OF PEOPLE SUPPORTED HIM BECAUSE HE WASN'T DONALD TRUMP.

HE WAS GOING TO BE THIS -- >> AND HE SAID HE WAS GOING TO BE A MODERATE.

>> HE WASN'T GOING TO BE PUGNACIOUS AND FIGHTING AND THE SPEECH THAT HE GAVE ABOUT TRYING TO END THE FILIBUSTER.

SO YOU CAN GET THE DEMOCRATICS ELECTION REFORM BILL BASICALLY SHOWED A GUY WHO WAS JUST AS MUCH OF A POLITICAL IN-FIGHTER AS ANYONE ELSE REALLY TURNED PEOPLE OFF.

>> OKAY, I WANT TO CHANGE GEARS TALK ABOUT A NEW STATEWIDE POLL IN THE REPUBLICAN PRIMARY FOR SENATE.

>> THAT CIVITAS JOHN LOCKE FOUNDATION PUT OUT A POLL THAT SHOWED THE HEAD TO HEAD COMPARISON BETWEEN PAT MCCRORY FORMER GOVERNOR RUNNING FOR THE SEAT BEING VACATED BY RICHARD BURR WITH HIS RETIREMENT TED BUDD A CONGRESSMAN ALSO RUNNING FOR THAT SEAT, IT SHOWS MCCRORY UP BY ABOUT 5 PERCENTAGE POINTS AMONG THE REST OF THE FIELD WHICH ALSO INCLUDES MARK WALKER FORMER CONGRESSMAN BUT THERE'S SOME QUESTION AS TO WHETHER MARK WALKER WILL DROP OUT OF THE SENATE RACE AND GET INTO THE CONGRESSIONAL, RACE I THINK WAITING TO SEE WHAT SETTLES OUT IN TERMS OF THE REDISTRICTING LAWSUITS.

INTERESTINGLY ENOUGH MARC, THE THING IN THIS POLL THAT I THOUGHT WAS INTERESTING.

IF YOU TAKE ALL THE OTHER CANDIDATES OUT AND IT'S JUST A HEAD TO HEAD BETWEEN MCCRORY AND BUDD WHICH IN ALL LIKELIHOOD IT'S GOING TO BE ALTHOUGH THERE WILL BE OTHER CANDIDATES THAT ARE FILED.

CLEARLY WALKER'S DEPARTURE FROM THE RACE WOULD BENEFIT BUDD MORE THAN IT DOES FOR MCCRORY, BUT IT STILL LEAVES ALMOST A FULL 3RD OF LIKELY REPUBLICAN PRIMARY VOTERS UNCERTAIN OR UNCLEAR WHO THEY'RE GOING TO SUPPORT.

THIS SEEMS TO CONCLUDE - MY CONCLUSION WOULD BE THIS IS STILL A WIDE OPEN RACE AND IT'S PROBABLY GOING TO COME DOWN TO THE FINAL FEW WEEKS.

THE FACT THE PRIMARY'S BEEN EXTENDED TO MAY WILL MAKE IT A HARDER RACE AND SO WILL HAVE TO HAVE MORE MONEY TO CONTINUE TO CAMPAIGN AGGRESSIVELY.

BUT I THINK IT DOES ADVANTAGE BUDD SOMEWHAT TO HAVE A LITTLE BIT MORE TIME TO REMIND VOTERS HE'S BEEN SUPPORTED BY DONALD TRUMP WHICH THIS POLL SHOWS MATTERS A LOT TO THESE PEOPLE.

>> THAT'S A GOOD POINT, IS -- NELSON IS TRUMP THE KINGMAKER IN THIS RACE?

>> WELL HE'S TRYING TO BE.

HE'S TRYING TO BE THAT NATIONALLY AND SO HE'S GOT HIS BATTLE GOING ON RIGHT NOW WITH MITCH MCCONNELL FOR FOR WHO'S GOING TO CONTROL THE SENATE.

>> LINDSEY GRAHAM SAID HE WOULD NOT SUPPORT MCCONNELL IF HE DIDN'T SUPPORT TRUMP.

>> WELL HE DID BUT WHAT'S GOING GOOD FOR MCCONNELL IS THE OVERALL RECRUITMENT SO SENATORS RON JOHNSON, CHARLES GRASSLEY JOHN THUNE HAVE ALL ANNOUNCED THAT THEY'RE THEY ARE LOYALIST TO MCCONNELL THEY'VE ALL ANNOUNCED THEY'RE GOING TO RUN FOR REELECTION AND IN THOSE KEY PICK UP STATES.

YOU'VE GOT HERSCHEL WALKER WHO'S GOING TO BE RUNNING IN GEORGIA, ADAM LAXALT OF NEVADA AND NOW DOUG DECEY WHO IS NOT A FRIEND OF TRUMP IS RETHINKING THE POSSIBILITY OF RUNNING IN ARIZONA.

>> JAY, WHAT STRUCK YOU ABOUT THIS POLL?

IS MCCRORY ESSENTIALLY THE INCUMBENT IN THIS RACE?

>> I THINK HE IS THE INCUMBENT, BUT I THINK BEING AN INCUMBENT IN A MIDTERM CHANGE ELECTION IS NOT A GOOD THING, I MEAN, SO THE 2 THINGS I FOUND FASCINATING ABOUT THE POLL, ONE IS TO THE TRADITIONAL GOP IN COLLEGE EDUCATED VOTERS THOUGHT THE GOP WAS TOO RIGHT, IT SAID THAT THE TRUMP GOP SUPPORTERS THOUGHT THE GOP WAS TOO LEFT AND I THINK YOU'RE SEEING THAT BATTLE TAKE PLACE BETWEEN THE MCCRORY AND BUDD.

ESSENTIALLY LOOK I THINK FROM A DEMOCRATIC'S PERSPECTIVE, I'M ALL ABOUT HAVING BOTH OF THEM DRIVE THEIR NEGATIVES UP AS MUCH AS POSSIBLE.

JEFF JACKSON GOT OUT OF THE RACE LAST LAST MONTH AND GOVERNOR COOPER, JUST ENDORSED CHERI BEASLEY AND WE ARE UNITED IN THE MARCH FORWARD TO NOVEMBER.

>> PUT THIS IN CONTEXT PLEASE MITCH.

>> THE MOST INTERESTING THING ABOUT THIS FOR ME AND REMEMBER I WORK FOR THE JOHN LOCKE FOUNDATION SO TAKE THIS WITH A GRAIN OF SALT, BUT THERE WAS A FINDING THAT ABOUT 50% OF THESE LIKELY GOP PRIMARY VOTERS SAID THEY WOULD SUPPORT THE TRUMP ENDORSED CANDIDATE.

YET EVEN WHEN IT CAME DOWN TO JUST A HEAD TO HEAD BETWEEN TED BUDD AND PAT MCCRORY WAS ABOUT 34%, 33% SO BUDD HAS NOT YET TRANSLATED PEOPLE'S INTEREST IN GOING ALONG WITH THE TRUMP SUPPORTED AND ENDORSED CANDIDATE INTO HAVING TO VOTE FOR HIM.

>> [MARC INTERRUPTS] HE'S NOT ON BROADCAST TV SPEAKING TO THE TO THE BASE BUT THERE'S A LOT OF REPUBLICANS WHO DON'T WATCH FOX.

>> THAT'S RIGHT AND ALSO MUCH OF WHAT YOU'VE SEEN THAT'S BEEN IN FAVOR OF TED BUDD AT THIS POINT HAS BASICALLY BEEN ATTACK ADS ON MCCRORY NOT ADS SAYING -- >> [MARC] DONE BY THE CLUB FOR GROWTH.

>> RIGHT BY THE CLUB FOR GROWTH YOU HAVEN'T SEEN A LOT OF ADVERTISING SAYING TED BUDD, DONALD TRUMP, THE 2 CONNECTED VOTE FOR BUDD.

>> OKAY, I WANT TO MOVE ON.

JAY THE GOVERNOR'S UPPING HIS GAME ON CLEAN ENERGY.

>> HE IS.

LAST FRIDAY, GOVERNOR COOPER SIGNED AN EXECUTIVE ORDER AT NORTH CAROLINA A&T IN GREENSBORO THAT DIRECTED THE DEPARTMENT TRANSPORTATION TO CREATE WHAT'S CALLED A CLEAN TRANSPORTATION PLAN THAT WILL GUIDE THE STATE'S TRANSITION TO ELECTRIC VEHICLES, THE ORDER ALSO DIRECTS THE ALL STATE AGENCIES TO TO CONSIDER EQUITY IN THEIR SPENDING AND ALSO IDENTIFY AN ENVIRONMENTAL JUSTICE PERSON, BY THE END, THESE AGENCIES SHOULD ALSO CREATE A PUBLIC PARTICIPATION, PLAN AND FINALLY THE ORDER SETS A STATEWIDE GREENHOUSE GAS REDUCTIONS BY 50% BY 2030 AND THEN NET 0 BY 2050.

PREDICTIVELY, THE EXECUTIVE ORDER HAS BEEN CHAMPION BY THE ENVIRONMENTAL COMMUNITY.

BUT CONSERVATIVES LIKE OUR FRIENDS IN THE JOHN LOCKE FOUNDATION HAVE ARGUED THAT SUCH AN ORDER WOULD INCREASE COSTS ON ELECTRICITY FOR CONSUMERS, PARTICULARLY POOR FAMILIES.

>> IS IT PRACTICAL NELSON?

>> WELL ONE THING THE GENERAL ASSEMBLY IS THE ONE WHO SET THOSE STANDARDS IN LEGISLATION AND NEGOTIATED THOSE NET NEUTRAL ISSUES, AND NOT NOT REALLY, I MEAN WHEN YOU LOOK AT THIS, THESE EXECUTIVE ORDERS WERE MORE ABOUT FRAMING ISSUES THAN MOVING THE NEEDLE ON CLIMATE CHANGE.

WHERE WE'RE MISSING THE BOAT IS 90% OF THE GLOBAL POPULATION, DOESN'T EVEN LIVE WITHIN A 1000 MILES OF AREAS THAT ACTUALLY HAVE REASONABLY GOOD SOLAR AND WIND POTENTIAL AND THERE'S ALSO A FUNDAMENTAL ISSUE THAT HAS TO BE SOLVED IN ELECTRICITY STORAGE, LITHIUM IS OK FOR CAR BATTERIES, BUT IT DOESN'T HAVE THE ENERGY DENSITY FOR BASE POWER STORAGE.

AND THERE'S ALSO ASSOCIATED ENVIRONMENTAL CONCERNS, AMERICA WOULD BE FAR BETTER SERVED IF WE WERE ACTUALLY SPENDING OUR FOCUS AND OUR MONEY ON BASIC MATERIAL, SCIENCE RESEARCH.

WE HAVEN'T DONE THAT.

>> JOE IS THE GOVERNOR SPEAKING OUTSIDE OF NORTH CAROLINA?

IS HE TRYING TO SPEAK TO A NATIONAL AUDIENCE?

WELL I THINK THIS IS CERTAINLY AN ISSUE THAT HAS NATIONAL PROMINENCE, A LOT OF GOVERNORS AROUND THE COUNTRY AND THE PRESIDENT OF THE UNITED STATES TALK ABOUT THESE INCENTIVES THAT WE'RE TRYING TO CREATE FOR THE DEVELOPMENT AND IMPLEMENTATION OF DIFFERENT SOURCES >> THE REASON I MENTION THIS IS BECAUSE HE IS NOW THE HEAD OF THE DEMOCRATIC GOVERNORS ASSOCIATION SO HE'S GOT A MUCH LARGER PLATFORM.

>> WELL I DON'T THINK IT SHOULD BE LOST ON ANYONE.

FIRST OF ALL IT PROBABLY NOT A BAD IDEA TO TRY TO FIGURE OUT WHAT MIGHT STIMULATE SOME NEW TECHNOLOGY THAT WOULD BE BETTER MORE EFFICIENT, I'M NOT ADVOCATING FOR AGAINST WHAT THE THE GOVERNOR'S PROPOSING, BUT THERE ARE SOME INNOVATIONS THAT PROBABLY WOULD MAKE SENSE IN TERMS OF A BETTER MORE EFFICIENT DELIVERY OF ENERGY BUT IT SHOULD NOT ALSO BE LOST ON ANYONE THAT THIS IS A NATIONAL ISSUE.

GOVERNOR COOPER, WHOSE NAME IS BEING DROPPED AS A POSSIBLE PRESIDENTIAL CANDIDATE -- >> [MARC] WHO THE DEMOCRATIC BASE LOVES.

SO IT PROBABLY DOESN'T HURT IN TERMS OF STIMULATING THAT CONTINUED SENSE OF GOVERNOR COOPER AS EVEN STILL A RISING STAR IN THE NATIONAL DEMOCRATIC PARTY.

>> MITCH.

>> A LOT OF THIS IS WINDOW DRESSING BUT ONE THING THAT WE ALWAYS NEED TO KEEP IN MIND IS ANY TIME THE GOVERNMENT PUTS ITS THUMB ON THE ENERGY SECTOR AND MAKE SOME SORT OF DECISION THAT'S REGARDLESS OF THE LEAST COST, MOST RELIABLE ENERGY SOURCE, IT'S ALWAYS GOING TO MEAN HIGHER COSTS AND THE PEOPLE WHO PAY AS WAS ALLUDED TO JUST A FEW MOMENTS AGO ARE THE FOLKS AT THE LOWEST END OF THE INCOME SCALE BECAUSE ENERGY IS A LARGER PORTION OF THEIR OVERALL BILL, IT'S ALSO GOING TO HAVE AN IMPACT ON BUSINESSES AT A TIME WHEN THEY'RE DEALING WITH INFLATION ON THE INPUTS FOR THEIR OTHER GOODS AND SERVICES.

>> BUT THERE IS A NATIONAL MOVE TO TRY TO CHANGE PEOPLE'S HABITS RIGHT JAY?

>> LOOK I WOULD SAY 2 THINGS YOU'RE EXACTLY RIGHT.

ONE IS I THINK THE PRIVATE SECTOR RECOGNIZES THAT THERE'S MOVEMENT TO CHANGE HABITS.

I MEAN IF YOU LOOK AT HOW AGGRESSIVELY FORD AND GM ARE MOVING TO CREATE ELECTRIC VEHICLES, GOVERNOR COOPER HAD ANNOUNCEMENT OF TOYOTA IT ESTABLISHING A BATTERY PLANT TO LOOK AT TO SUPPORT ELECTRIC VEHICLES, THIS EXECUTIVE ORDER MAKES SENSE.

BUT I THINK FROM A CLIMATE PERSPECTIVE IT ALSO MAKES SENSE BECAUSE WE KNOW THAT TRANSPORTATION IS THE SECOND HIGHEST CAUSE OF GREENHOUSE EMISSIONS.

>> NELSON WRAP THIS UP IN ABOUT 40 SECONDS.

>> WELL, I THINK THAT WE ARE TALKING ABOUT A LOT OF THINGS TO MOVE THE NEEDLE ON CLIMATE CHANGE.

BUT WE REALLY HAVEN'T DONE AS I SAID BEFORE A LOT OF THE BASIC RESEARCH.

WHEN YOU ANALYZE WHERE THE POPULATION CENTERS ARE IN THE WORLD, A LOT OF THE SOLUTIONS ARE NOT GOING TO BE ABLE TO BE ONLINE BEFORE THEY WANT TO GET RID OF FOSSIL FUELS LIKE NATURAL GAS, AND ALSO FEELS LIKE THE NUCLEAR ENERGY, THOSE ARE GOING TO HAVE TO BE IN TRANSITION TO THESE CLEANER FUELS FOR MUCH LONGER THAN PEOPLE THINK.

>> OK I'M COMING RIGHT BACK TO YOU.

SPLIT DECISION IN THE SUPREME COURT ON VACCINE MANDATES.

BIG WIN FOR BUSINESSES CORRECT?

>> YES, SO ON THURSDAY, THE SUPREME COURT ISSUED 2 ORDERS.

THE FIRST WAS GRANTING A STAY IN THE ENFORCEMENT OF OSHA'S RULE MANDATING EMPLOYEE VACCINATIONS FOR ALL COMPANIES WITH 100 OR MORE WORKERS THAT'S ROUGHLY 84 MILLION AMERICANS.

THE COURT RULED THAT IT WAS AN UNPRECEDENTED MANDATE BY OSHA WHO LACKED THE STATUTORY AUTHORITY FROM CONGRESS TO ISSUE THAT RULE, IN OTHER WORDS, IT WASN'T A SPECIFIC WORKPLACE HAZARD, THIS WAS A BROADER SOCIETAL HAZARD WHICH THEY DON'T HAVE THE AUTHORITY FOR -- >> IT'S A SETBACK FOR EXECUTIVE BRANCH, CORRECT?

>> I THINK IT'S A BIG SETBACK AND IT'S ALSO IMPORTANT IT'S IMPORTANT TO NOTE THAT THE COURT HAS UPHELD THE RIGHT OF COMPANIES, INSTITUTIONS, STATES AND EVEN CONGRESS IF IT WANTS TO TO PASS A LAW TO HAVE VACCINE MANDATES YOU HAVE TO DO THESE THINGS THE APPROPRIATE WAY.

THE SECOND CASE ORDER THAT WAS ISSUED BY THE SUPREME COURT DOES ALLOW THE SECRETARY OF HEALTH AND HUMAN SERVICES TO REQUIRE VACCINATION OF WORKERS IN FACILITIES WITH MEDICARE AND MEDICAID PATIENTS.

HERE THE COURT DID FIND THE SPECIFIC CONGRESSIONAL AUTHORITY FOR THE RULE TO SUPPORT THAT RULE SO IT WAS A SPLIT DECISION AND IT CAME DOWN KIND OF WHERE A LOT OF PEOPLE THOUGHT THAT IT WOULD.

>> THERE IS PRECEDENT THOUGH RIGHT JAY?

WE HAVE HAD VACCINE MANDATES BEFORE CORRECT?

>> WE HAVE AND YOU KNOW WE HAVE VACCINE MANDATES FOR KIDS TO GO TO SCHOOL.

I MEAN WHAT I WOULD SAY ABOUT THE DECISION IS THAT I THINK NUMBER ONE, IT'S NOT SURPRISING BECAUSE I THINK GIVEN WHAT WE HEARD WITH THE ORAL ARGUMENTS, THE CONSERVATIVE JUSTICES EXPRESSED WITH A LOT OF DOUBT.

>> THOSE MANDATES ARE STATE MANDATES.

THERE WERE STATE MANDATES BACK DURING SMALLPOX.

IT'S NEVER BEEN A CONGRESSIONAL MANDATE.

>> BUT WE'VE HAD A MANDATE THAT'S BEEN UPHELD BY THE STATE SUPREME COURT AND I WOULD SAY, SECONDLY, IF YOU LOOK AT THE OSHA EMERGENCY RULES, WHAT IT DOES SAY IS THAT IF A WORKER IS IN GRAVE DANGER, THEY'RE ALLOWED TO PROVIDE THE MANDATE.

I THINK IF YOU LISTEN TO THE DEBATE JUSTICE KAGAN ASKED IF THE WORKPLACE HASN'T BEEN TRANSFORMED OVER THE LAST 2 YEARS, WHAT BETTER EXAMPLE DO WE NEED OF THE FACT THAT WORKERS ARE IN GREAT DANGER?

>> MITCH, BIDEN DID SAY HIMSELF EARLY ON THOUGH THAT HE DIDN'T HAVE THE AUTHORITY TO DO THIS CORRECT?

>> YEAH BASICALLY REVERSED HIMSELF BY GOING FORWARD WITH THE MANDATE I THINK ONE OF THE THINGS THAT IS INTERESTING OUT OF THE SUPREME COURT AND NOT SURPRISING IS THAT IT BASICALLY LOOKED AT WHAT IS THE PROPER ROLE OF VARIOUS BRANCHES OF GOVERNMENT, AND SAID THAT THE EXECUTIVE BRANCH AND ESPECIALLY OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION DIDN'T HAVE THE POWER TO DO WHAT BIDEN WANTED TO DO.

IF THE NATIONAL GOVERNMENT IS GOING TO TAKE ACTION ON THIS, IT'S SOMETHING FOR CONGRESS TO DO, IN FACT THEY SAID IF CONGRESS WANTS TO DO IT, THEY CAN.

THIS IS AN ISSUE OF SEPARATION OF POWERS AND WHAT LEVEL OF GOVERNMENT HAS THE POWER TO DO SOMETHING.

>> HOW DOES THIS RULING AFFECT PRODUCTIVITY MY FRIEND?

>> WELL I THINK IN MANY WAYS A SUPREME COURT DECISION IS REALLY INTERPRETATION OF LAW AND HOW THE CONSTITUTION MAY BE APPLYING.

BUT I THINK PUBLIC OPINION AT THIS POINT CERTAINLY IS CLOUDED A LITTLE BIT BY WHAT THEY'RE CALLING COVID FATIGUE.

PEOPLE ARE JUST EXHAUSTED FROM ALL OF THIS DISCUSSION -- >> BUT WHAT I'M TRYING TO GET TO THERE'S A 100 MILLION EMPLOYEES THAT WERE GOING TO BE A IMPACTED BY THIS CORRECT?

>> YEAH AND THAT'S MY POINT.

WHEN YOU LOOK AT THE ISSUES LIKE ARE YOU IN GRAVE DANGER, IT'S ON THE WOOD PILE OF PEOPLE CONTINUING TO EXPRESS FRUSTRATION ABOUT HAVING TO DEAL WITH ALL OF THESE DIFFERENT THINGS.

IT'S ABSOLUTELY GOING TO HAVE AN EFFECT ON PEOPLE'S PRODUCTIVITY AND THEY'RE SENSE OF THE WORKPLACE.

AS WE TRY TO NAVIGATE WHAT DOES IT MEAN IN A COVID WORLD WHERE WE'RE TRYING TO MAKE SURE PEOPLE HAVE OPPORTUNITIES FOR GAINFUL EMPLOYMENT BUT YOU'RE HAVING TO DO EITHER WORK FROM HOME OR HYBRID OR EVEN SERVICE SECTOR JOBS, WHERE NOT SURE YOUR OWN SAFETY.

IT'S JUST ANOTHER ELEMENT OF WHAT'S CAUSING GREAT CONSTERNATION IN THIS COUNTRY AND PEOPLE JUST WANT IT TO BE OVER.

>> NELSON, WRAP THIS -- GO AHEAD.

>> MARC, I WAS GOING TO SAY THAT WE TALK ABOUT BIDEN'S APPROVAL RATINGS.

I MEAN, IF WE DON'T GET COVID UNDER CONTROL WHICH THE MANDATE IS ONE AVENUE TO DO, SO WE CAN'T REBOOT THE ECONOMY >> SO HOW HAS HE HANDLED THAT SO FAR YOU THINK?

>> WELL I THINK THE ADMINISTRATION HAS ADVOCATED FOR A MANDATE AND I THINK THE MANDATE IS THE QUICKEST WAY TO GET FOLKS VACCINATED AND RESTART THE ECONOMY AND MOVE AWAY FROM THE COVID FATIGUE THAT JOE WAS TALKING ABOUT.

>> OK I WANT TO GO THE MOST UNDERREPORTED STORY OF THE WEEK MITCH.

>> 6 MONTHS AFTER IT UNEXPECTEDLY DISAPPEARED FROM THE STATE SUPREME COURT'S CALENDAR, A CASE CALLED NORTH CAROLINA NAACP V MOORE WILL FINALLY BE UP FOR ORAL ARGUMENTS ON FEBRUARY 14TH VALENTINE'S DAY.

THE REASON THAT IT DISAPPEARED WAS THAT THERE WAS A CONTROVERSY OVER WHETHER TWO REPUBLICAN JUSTICES ON THE COURT WERE GOING TO BE ABLE TO HEAR THE CASE OR WHETHER THEIR COLLEAGUES WERE GOING TO BOOT THEM IN AN UNPRECEDENTED MOVE.

THE CASE IS IMPORTANT BECAUSE IT DEALS WITH THE FATE OF 2 CONSTITUTIONAL AMENDMENTS THAT NORTH CAROLINA VOTERS APPROVED IN 2018 BY SUBSTANTIAL MARGINS.

ONE TO GUARANTEE VOTER ID FOR FUTURE ELECTIONS, THE OTHER TO LOWER THE CAP ON THE STATE'S INCOME TAX RATE.

NOW THAT THE ISSUE HAS BEEN SETTLED THAT THE JUSTICES WILL RETAIN THE RIGHT TO DECIDE FOR THEMSELVES WHETHER THEY ARE GOING TO HEAR A CASE NOW THE CASE WILL COME BACK FOR ARGUMENT ON ITS MERITS IN FEBRUARY SOMETIME, AFTERWARD THEN THE SUPREME COURT WILL DECIDE PROBABLY WITH ALL 7 JUSTICES DECIDING IT.

WHETHER THOSE 2 AMENDMENTS COULD STAND.

>> GREAT TO BE A LAWYER IN NORTH CAROLINA, RIGHT JAY?

[LAUGHTER] UNDERREPORTED?

[LAUGHTER] >> KEEPS YOU BUSY.

FULL EMPLOYMENT ACT.

[JOE] IT'S NOT GREAT EVERYDAY, IT'S GOOD A LOT OF DAYS!

>> SO UNDERREPORTED STORY OF THE WEEK, THIS PAST TUESDAY ASSISTANT ATTORNEY GENERAL MATTHEW OLSEN TESTIFIED IN FRONT OF CONGRESS THAT THE U.S. DEPARTMENT OF JUSTICE IS ESTABLISHING A UNIT FOCUSED ON DOMESTIC TERRORISM AND THAT'S DUE TO THE ELEVATED THREAT FROM VIOLENT EXTREMISTS HERE THE UNITED STATES AND OLSEN'S TESTIMONY -- >> [MARC] DID THEY IDENTIFY THE EXTREMISTS?

>> [JAY] WHO?

>> [MARC] THE JUSTICE DEPARTMENT, THE ELEVATED THREAT.

>> I THINK THAT'S GOING TO BE THE DEBATE, RIGHT?

HOW DO YOU DEFINE EXTREMIST BUT WE ALSO KNOW FROM OLSEN'S TESTIMONY THAT THIS TRACKS THE FBI DIRECTOR'S WARNING THAT WE'RE SEEING A GROWTH IN DOMESTIC TERROR THREATS THAT ARE METASTASIZING >> UNDERREPORTED MY FRIEND.

>> BOY WITH ALL THIS BAD NEWS I HAVE A LITTLE BIT OF GOOD NEWS, THE GIRL SCOUTS ANNOUNCED THIS WEEK THAT THEY'RE ENTERING INTO A CO-OPERATIVE AGREEMENT WITH DOORDASH THE DELIVERY SERVICE, SO IN THE PANDEMIC WORLD, EVEN IF YOU NEED YOUR THIN MINTS AND WERE APPREHENSIVE ABOUT ACTUAL INTERACTION WITH AN ACTUAL GIRL SCOUT, YOU CAN NOW GO ONLINE AND ORDER YOUR THIN MINTS TO BE DELIVERED TO YOUR HOME VIA DOORDASH.

[PANELISTS CHUCKLING] >> THERE'S A SUPPLY CHAIN ISSUE.

[LAUGHTER] >> [MARC] NELSON.

>> [NELSON] THEY DELIVER YOUR THAI AS WELL.

[LAUGHTER] ONE OF THE MOST UNDERREPORTED STORIES IS WHY RUSSIA IS ACTUALLY THREATENING TO INVADE UKRAINE NOW.

WE TALK ABOUT THE ISSUE BUT THE PEOPLE DON'T TALK ABOUT WHY, AND FIRST OFF IS RUSSIA CANNOT DEFEND THEIR BORDERS IN THE WEST.

THEY DON'T HAVE THE MILITARY MIGHT THAT THEY HAD WHEN THEY WERE PART OF THE SOVIET UNION.

SECOND THEY HAVE A TERMINAL DEMOGRAPHIC IN RUSSIA AND THAT MEANS THEY'RE NOT TO BE ABLE TO SECURE THEIR VAST BORDERS.

IF THEY DON'T DO THIS DECADE, THEY WON'T BE ABLE TO DO IT IN THE 2030s, SO IT'S AN EXISTENTIAL ISSUE FOR THE RUSSIANS.

THERE'S NO EASY PATH FOR THEM FORWARD WHETHER THEY INVADE OR -- >> HOW ARE THEY DOING IN THE TALKS - THE BIDEN ADMINISTRATION WITH THE RUSSIANS?

>> I THINK THEY'RE AT LOGGERHEADS, AND I THINK WHAT THE U.S.

NEEDS TO DO IS NEITHER U.S. OR NATO IS WILLING TO FIGHT, SO THE SOLUTION WOULD BE TO RESCIND ANY THE FUTURE NATO EXPANSION INTO UKRAINE GRANT CONTROL OF THAT AS OF C 2 RUSSIA, PERMANENTLY OPEN THE NORTH CRIMEAN CANAL, AND KEEP OFFENSIVE NATO MISSILES OUT OF UKRAINE AND IN RETURN, TELL THE RUSSIANS THEY'RE GOING TO FULLY RESPECT UKRAINE'S BOUNDARIES THEIR SOVEREIGNTY AND INDEPENDENCE.

THERE'S A DEAL THAT COULD BE MADE THERE.

>> OK, LET'S GO TO LIGHTNING ROUND WHO'S UP AND WHO'S DOWN THIS WEEK.

MITCH.

>> [MITCH] WHAT'S UP IS THE CELEBRITY FACTOR IN NORTH CAROLINA ELECTIONS.

IT'S NOT OFTEN THAT YOU HEAR ABOUT A NORTH CAROLINA CONGRESSIONAL RACE ON "THE VIEW", BUT THAT'S WHAT HAPPENS WHEN FORMER AMERICAN IDOL, >> [MARC] GOT A KEY DEMOGRAPHIC.

>> YEAH.

WITH FORMER AMERICAN IDOL AND CELEBRITY APPRENTICE RUNNER-UP CLAY AIKEN DECIDES TO RUN FOR OFFICE AGAIN HE WANTS TO RUN FOR WHAT IS NOW GOING TO BE THE 6TH DISTRICT, DAVID PRICE'S OLD SEAT.

>> [MARC] HOW DOES HE DO IN THAT RACE?

QUICKLY.

>> I THINK AIKEN BRINGS A LOT OF NAME ID TO THE RACE.

>> GARY PEARCE IS HIGH ON HIM >> I THINK PEARCE SERVED AS A CONSULTANT FOR HIM BEFORE [ALL TALKING] >> WHO'S DOWN THE PLAINTIFFS AND THE LEGIONS OF LAWYERS REPRESENTING THEM IN COURT IN THE REDISTRICTING CASE A THREE-JUDGE PANEL IN A 260 PAGE RULING BASICALLY SAID YES, THESE MAPS WERE DRAWN WITH PARTISAN INTENT, BUT NOTHING IN OUR STATE'S HISTORY OR THE STATE CONSTITUTION MAKES IT UNCONSTITUTIONAL.

>> JAY WHO'S UP AND WHO'S DOWN THIS WEEK.

>> E-SPORTS ARE UP, THE STATE BUDGET INCLUDES $28 MILLION TO BRING E-SPORT EVENTS TO NORTH CAROLINA, THE TRIANGLE IS HOME TO A LOT OF THESE SPORT COMPANIES, INCLUDING EPIC JASON'S SAYING REPUBLICAN IN THE HOUSE GETS CREDIT SAYS HE PLAYS A LOT OF CALL OF DUTY, WE DON'T KNOW HOW MANY HOURS HE'S DEVOTED TO IT [ALL TALKING AND JOKING] >> WHO'S DOWN IS MADISON CAWTHORN THIS WEEK, A GROUP OF VOTERS FILED A CANDIDACY CHALLENGE AGAINST HIM CITING THAT HE WAS PART OF THE JANUARY 6TH INSURRECTION THAT'S A 1868 AMENDMENT TO THE U.S. CONSTITUTION THAT SAYS NO ONE CAN SERVE IF THEY'VE BEEN ENGAGED IN AN INSURRECTION.

>> WILL THAT DOG HUNT?

>> IT WILL BE INTERESTING JUST AS BOB ORR IS HELPING LITIGATE THAT CASE AND HE'S A GREAT STATE CONSTITUTIONAL -- >> JOE?

>> MAYBE I SHOULD CHANGE MY UP TO THE POSSIBILITY OF FRONT ROW BECOMING A VIDEO GAME.

[LAUGHTER] >> UP THE US CHAMBER ANNOUNCED THEY WANT TO SEE A DOUBLING IN THE NUMBER OF LAWFUL IMMIGRATIONS IN THE UNITED STATES.

THEY SAY WE NEED THE WORKERS AND SO THE BIDEN ADMINISTRATION SHOULD BE AND WOULD BE WELL SERVED BY ALLOWING MORE PEOPLE COMING UNITED STATES LAWFULLY.

DOWN THE IMPACT ON WOMEN IN THE WORKPLACE FROM COVID.

WE NOW SEE THE PARTICIPATION RATE AMONG WOMEN, A 57.8% WOMEN ARE ELIGIBLE TO WORK AGE WISE AND IN SUCH IT'S THE LOWEST RATE IT'S BEEN SINCE 1991 SO COMING OUT OF COVID, WOMEN WHO HAVE DISPROPORTIONATELY BEEN IMPACTED BY COVID PRIMARY CAREGIVERS AT HOME HAVING TO LEAVE THE WORKPLACE.

TAKE CARE OF FOLKS AS A RESULT OF COVID WE'RE GOING TO DO MORE TO GET WOMEN BACK INTO THE WORKFORCE.

>> NELSON WHO'S UP AND WHO'S DOWN THIS WEEK.

>> INFLATION AND THE POTENTIAL FOR STAGFLATION.

SO IN DECEMBER INFLATION INCREASED BY 7%.

THAT IS A 40 YEAR HIGH, CORE INFLATION WAS UP 5.5% THAT WAS A 30 YEAR HIGH THE PROSPECTS FOR STAGFLATION ARE UP BECAUSE THE U.S. ECONOMY IS IN A CYCLICAL DOWNTURN ALREADY, PRODUCTIVITY IS DOWN, AND THE FED IS LOOKING TO RAISE INTEREST RATES PROBABLY AT THE PRECISELY WRONG MOMENT, WHO IS DOWN IS PRESIDENT BIDEN BEEN PICKING ON HIM THIS WEEK.

THE WASHINGTON POST GAVE HIM 4 PINOCCHIOS FOR TELLING A GROUP OF STUDENTS AT MOREHOUSE COLLEGE IN ATLANTA THAT HE WAS ACTUALLY ARRESTED DURING THE CIVIL RIGHTS MOVEMENT.

IT HAS BEEN PROVEN ON COUNTLESS OCCASIONS THAT PRESIDENT BIDEN HAS NEVER BEEN ARRESTED IN THE CIVIL RIGHTS MOVEMENT.

>> HEADLINE NEXT WEEK?

>> MY HEADLINE WITH PRIMARY JUST 4 MONTHS AWAY STATE SUPREME COURT WORKS QUICKLY ON ELECTION MAPS.

>> JAY HEADLINE NEXT WEEK.

>> SAME FOR ME, NORTH CAROLINA SUPREME COURT SETS AGGRESSIVE BRIEFING SCHEDULE FOR BOTH PARTIES, ORAL ARGUMENTS TO BE HEARD WITH THE DECISION COMING OUT SHORTLY THEREAFTER.

>> WHAT'S GOING TO BE THE RESULT, YOU THINK?

>> I THINK IT'S HARD TO PREDICT, BUT THERE'S CERTAINLY CASE LAW IN THE UNITED STATES SUPREME COURT HAS SAID THAT STATE SUPREME COURT CAN RULE ON PARTISAN GERRYMANDERING AND I THINK THERE'S AN AVENUE TO DO SO.

>> QUICKLY HEADLINE NEXT WEEK.

>> SURPRISE ANNOUNCEMENT OUT OF THE BIDEN ADMINISTRATION NELSON DOLLAR U.S.

AMBASSADOR TO UKRAINE BASED ON HIS COMMENTS HERE ON FRONT ROW.

[[LAUGHTER] >> HEADLINE NEXT WEEK >> I'LL TAKE THE JOB!

KIEV IS A WONDERFUL PLACE.

DEMOCRATS FAIL TO BREAK THE FILIBUSTER.

>> OK THAT'S IT FOR US.

GREAT JOB GENTS.

THANKS FOR WATCHING.

HOPE TO SEE YOU NEXT WEEK ON FRONT ROW.

HAVE A GREAT WEEKEND.

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