i do know there that like the brand x case, what the court says it was attempting to do is to discern what congress' intent was under the ada, whether it intended to consider mixed motive or not as a factor in applying the statute and the majority holding, as i understood it, was, look, congress amended title 7 to set forth the mixed motive framework and directed the courts to apply that framework in the future. having amended that, it didn't supply that amendment to the age discrimination statute and so that would end up in a similar situation to the brand x case, which is to the extent that

congress determines that it does want mixed motive to be a part of that analysis that it would have the opportunity and does have the opportunity to do what it did in title 7, which is to amend the act. >> title 7, they amended the act because they had to. they were forced to, right? congress was compelled to, in a sense but not on adea? >> i don't like characterizing the reasons for why congress acts. >> let me jump ahead to something. yesterday, a member of this committee asked you a few times whether the word abortion appears in the constitution. you agreed that, no, the word abortion is not in the constitution. are the words birth control in the constitution? >> no. >> are you sure?

>> yes. >> are the words privacy or the word privacy in the constitution? >> the word privacy is not. >> sceptors colsenators cole, feinstein raised the issue of privacy. do you believe the constitution maintains a fundamental right to privacy. >> it maintains certainly rights as recognized for 90 years, certain rights under the liberty provision of the due process clause that extend to the rights of privacy in certain situations. the cases started with a recognition that parents have a right to direct the education of their children and that the state could not force parents to send their children to public schools or to bar their children from being educated in ways they

found objectionable. obviously, states do regulate the content of education at least as far as requiring certain things that i don't think the supreme court has considered. that basic right of privacy has been recognized and was recognized and there have been other decisionings. >> so the issue of whether a word actually appears in the constitution is not really relevant, is it? >> certainly, there are some very specific words in the constitution that have to be given direct application. there are some direct commands by the constitution. senators have to be a certain age to be senators. so you have to do what those words say. the constitution is written in broad terms.

what a court does is then look at how those terms apply to a particular factual setting before it. >> in row versus wade, the supreme court found that the fundamental right to privacy included the right to decide whether or not to have an abortion. as senator specter said, that's been upheld or ruled on many times. do you believe that this right to privacy includes the right to have an abortion? >> the court has said in many cases, and, as i think has been repeated in the court's jurisprudence in case sis that there is a right to privacy that women have with respect to the termination of their pregnancies in certain situations. >> i -- we are going to have

round two. so i will ask you some more questions there. what was the one case in perry mason that burger won? >> i wish i remembered the name of the episode but i don't. i was always struck that there was only one case where his client was actually guilty. >> and you don't remember that case? >> i know that i should remember the name of it but i haven't looked at the episode. >> didn't the white house prepare you for that? >> you are right but i was spending a lot of time on reviewing cases. no, sir, but i do have that stark memory, because, like you, i watched it all of the time, every week as well. i just couldn't interest my brother, the nurse, and my brother, the doctor, to do it with me. >> well, okay. our whole family watched it. because there was no internet at

the time, you and i were watching at the same time. i thank you and i guess i'll talk to you in the follow-up. >> is the senator from minnesota going to tell us which episode that was? >> i don't know. that's why i was asking. if i knew, i wouldn't have asked her. >> all right. so because of that, judge, we will not hold your inability to answer the question against you. now, on one of the -- i just discussed as with senator sessions, i will make the formal request. is there any objection to committing our proceeding to a closed session, which is the routine practice that we called for every nominee since back when senator biden was chairman of this committee? >> mr. chairman, thank you. i think that's the right thing to do. there will be no objection that

i know of. >> thank you very much i appreciate the comment. hearing none, the committee will proceed to a closed session and we will resume later this afternoon. for the sake of those who have to handle electronic items, we will try to give you enough of a heads up. we will stand in recess. they are in recess right now as you heard the chairman, patrick lahey say. they are in recess. they are going to go into another room. she is going to be questioned now by, i don't know if it is questioned but it is more like a background check. the fbi has done some vetting. they are going to do this in closed door session with the members of the committee to make sure there is nothing improper there in her background. so far, everything looks smooth. this is always done. it is part of the regular vetting process, the judiciary committee is going to meet with

her and representatives from the fbi to make sure that everything is good as she goes forward. at some point, with he don't know when, they will resume round two of the questioning. each senator will have a maximum of 20 minutes to ask questions. all 19 senators will know clearly the chairman, senator lahey, is hoping that many of the senators won't use all 20 minutes. they might use 5 or 10 or 15. that will resume later this afternoon. we don't know if it will be an hour from now or two hours from now. we will get notice when this hearing will presume. let's assess what we just heard. the most important thing we wanted to get out of the way right away where burger, the prosecutor won a case. we did some case and jeff toobin, i know you grew up watching perry mason. >> let me make something clear i am too young to watch perry mason. i am too young.

>> let me confess, then, like sonya sotomayor and the senator, al franken, i watched perry mason every week together with my older sister, occasionally my mom and dad. usually, my older sister and i would watch it. we had ai little black and white television in buffalo new york. i didn't remember the case where burger won the case. we did some checking. it was the case of the deadly verdict back in 1963. perry mason actually lost and burger, the d.a., won. just to get that out of the way. >> al franken is right. he is right about the value of the internet. >> we found that out right away. he was a little funny today at the beginning and at the end of his 30-minute q and a. the other day when he gave his opening speech, it was all very, very serious. today, he got into a little bit of his rye sense of humor. >> rye, dry sense of humor, funny at the beginning, funny at

the end and in the middle, he asked some very good substantive questions to put her on the spot, asking some of the questions the white house had asked the democrats, please don't. does the constitution give a right for i awoman to have an abortion, how do you define the right to privacy, it is no the in the constitution, judge, how far to you define it, how far do you extend? the white house urged democrats don't be so specific on issues like abortion. he tried to put her on the spot. >> he also asked good questions about the internet, access to speech and also on the voting rights act. he really reveals himself as thoughtful. >> judicial activism. maybe it was when burger won that case that the legal system began to go down the tubes here. there are a lot of americans out there concerned about judicial activism, that laws are being made from the bench and that they, of course, have very little control over that. one reason might be because some judges are doing that.

those judges don't say, yes, i am writing the law myself. i am doing it on my own. probably, when asked in front of a committee like this, they wouldn't say that. obviously, we have one today who didn't. who refused to take the bait and wouldn't give her views on that. >> let's listen to senator al franken, because he made the point. >> candidates or office holders talk about what kind of judge they want. it is very often just reduced to, i don't want an activist judge. i don't want a judge that's going to legislate. that is sort of it. it is a 30-second sound bite. as i and a couple other senators mentioned during our opening statements, judicial activism has become a code word for judges that you just don't agree with. judge, what is your definition of judicial activism?

>> it is not a term i use. i don't use the term because i don't describe the work that judges do in that way. >> that's a very safe answer. candy crowley, she is avoiding getting involved in that. the biggest complaint of a lot of the liberal or democratically appointed judges is that they are liberal activists. they want to us. >> the bench to make the law as opposed to simply interpret the law. >> this was a lot like what she said yesterday when she wad asked, are you a liberal. she said, i don't think in those terms. the fact of the matter is, good as those questions were, we just didn't move this ball down the court very much. >> there was one very interesting exchange that was a direct response to something that went on with lindsey graham yesterday. remember, lindsey graham said, where does the word abortion appear in the constitution? and she said it didn't. how come we have a right to abortion? it is not in the constitution.

franken said, where is the word birth control? it is obviously not in the constitution. in 1965, the court decided, griswold versus connecticut, which said the state of connecticut could not ban the sale of birth control, because it was part of the right to privacy. that is actually still a very popular decision, even among conservatives. he was making the point that just because words are not in the constitution, doesn't mean they don't protect the rights. >> cole burn made that same point this morning. her answers on judicial activism from so interesting. they said, i assume the good faith of all judges. that's something we have heard sandra day o'connor talk an awful lot about. this issue of who is a judicial activist and who isn't has become something that she loves to discuss, as you well know, jeffrey, because she cares a lot about the judges being maligned and labeled. >> john, give us the explanation

why senator franken, this is so important? >> senator franken, when he was a liberal radio host often went after conservative judges and politicians accusing them of, moo i term, not his, hip objecting chrissy, saying you go after threes liberal judges saying they are activists but he views or he viewed, when he was a radio host, he would often go after the justice scalias and the justice thomas he is of the world saying they are doing the things that conservative criticize. >> he also wrote a big about mr. o'reilly. >> he did. in his previous life, before he was running for elected office and now in elected office, he would often call it what he saw

as the hypocrisy of judges. it was a big part of who he was in the public sphere before he was an elected public servant. it is very interesting to watch as we get to know him in his first weeks in office how he will change his persona. he clearly has said like senator clinton, now secretary clinton. everyone said, former first lady, what is she going to do. he said, i am going to buckle down and do my homework and be a serious legislate tur. >> we are getting new information on the perry mason episode, very important in the questioning of al franken of sonya sotomayor. i had mentioned that the one case where perry mason lost was the case of the deadly verdict back in 1963. now, we are getting this information all on the web. the case of the terrified typeist back in 1958.

this is one of those rare perry mason episodes where perry actually loses the case and his client, duane jefferson, is found guilty or is he? people are going to have to go back. we'll take another quick break and continue our coverage. check in to see what else is happening on this day around the world. much more coming up after this.

td senate judiciary committee is now in recess meeting behind closed with sonya sotomayor and the fbi doing a little background check on her to make sure everything is good. we will have an opportunity to hear the report from the fbi agents who went through her background to make sure everything was appropriate. we assume everything was appropriate. the most recent senator to ask questions was the newest

senator, al franken, of min so t ta. a lot of our viewers are going to find it an adjustment to associate him as being a senator as opposed to him being a comedian on "saturday night live." among the various characters he prepared was stuart smalley. >> i'm good enough. i'm smart enough and doggone it, people like me. hello, i'm stuart smalley. well, i'm still receiving some negative reaction from my show about pea wee her man entitled there but for the grace of god go i and i have to admit it was not my best show but that's okay. >> he was very funny. he was always funny. he showed some of that humor at the beginning and the end of his 30-minute questioning of sonya sotomayor. it is going to take a little bit of adjustment for our viewers who knew him as a comedian, a

comedy writer a performer and now a united states senator. >> it will for most of our viewers, it will not for his state. they have seen the serious al franken, who is up on the issues and knows what his state is looking for for the past year and then of course the six months it took him to actually get sworn in. nonetheless, i don't think it is all that surprising. people always say that comics are really smart because they are quick and they go at it. one of the things we saw here is he is also a really quick study. he started asking questions and she said, well, really can't and he would say, well, your not going to answer. which is pretty much what arlen specter did in a kind of older guy way. franken did the same thing but in a sort of light-hearted way. >> our republican strategist, cnn contributor, how do you think he did tonight?

>> i thought al franken did well. it is quite a challenge when you have a brand, when you are known to a lot of folks in such an intense way, cutting-edge humor, to come to the u.s. senate and change that and become taken seriously. hillary clinton, first lady, goes to the u.s. senate. would she bring that old persona with her. the pothole senator in new york state to become nope as a serious person. bill bradley, basketball star wants to go to the u.s. senate and become an intellect. franken, willing to have some fun and also a demonstration of depth. it is interesting the generational change, how old school the u.s. senator looks when you see someone like lindsey graham on the republican side and al franken on the republican side both use the kind of language we might all use around the kitchen table. i think it makes the senate so

much more accessible and makes them appear more honest. >> the questions were also different. you had arlen specter talking about congressional per og ga tiff and issues that as a senator for a very long time he has been deeply involved with. why didn't the supreme court take up terror surveillance for example. these are very important issues to a senator who has been a chairman of a committee who understands how congress works who wants the supreme court to define congress' role properly and you have your newest senator talking about the internet. >> there was a marked contrast between the way al franken had his questions and arlen specter.

he was nice to sonya sotomayor and for 28 minutes, he grilled her. asked long, very detailed questions and complained when she didn't have answers that he liked, saying, like, i told you in advance i was going to ask you these questions, you should know this. let's listen to this little clip. >> i know that with some important issues, they want to make sure that there isn't the procedural bar to the case of some that would take away from whether they are, in fact, doing what they would want to do which is -- >> was there a procedural bar? you had weeks to mull that over, because i gave you notice. >> senator, i'm sorry. i did mull this over. my problem is that without looking at a particular issue and considering the file, the discussion of potential colleague as to the reasons why a particular issue should or

should not be considered. >> i can tell you are not going to answer. let me move on. >> so that was, i guess, the nature of arlen specter. you wanted to make a point? >> even by the standards of the old senate, he is pompous and grouchy. they are not all like that. usually, is is an unusually krusty guy. >> a lot of republicans are wondering why we didn't give him to the democrats earlier. >> the interesting thing about specter, he has been through enough of these hearings, he knows full well that she is not going to answer these questions he wants her to answer, because he knows that this is the routine. this is the kabuki right now. this is the kabuki they go through right now even though he told her he was going to answer it. he knew full well what the answer was. he wanted to chastise her. >> she did give one what open answer on the issues of cameras in the courtroom.

when she was on the second circuit, she had been open to cameras, took the opportunity and she said she would tell her colleagues if she is confirmed that the sky didn't fall when cameras came in and arlen specter has been a big advocate of cameras in the courtroom for many years. >> he makes a fair point. >> the american public deserves to see what's going on inside the united states supreme court. >> to a great degree, this is about arlen specter, up for re-election in a tough swing state that's gone more democrat than republican. he has just switched parties. he has a tough democratic primary. a lot of folks in that state are upset with him on both sides. trying to demonstrate that he is still relevant to his state and the political process in washington, that he has a significant role in this town -- >> let me go to maria, our democratic strategist if you will, weigh in. how much of a challenge do you think that congressman joe sus

niche is going to have for arlen specter raising a lot of money? he has been good on labor issues except for that moment on the employees free choice act. he has been pro choice, which has been a problem for republicans. so i think that it is going to be a test about just how blue pennsylvania has become. i think he didn't do himself much favors in the way he showed himself as kind of a little cranky and not very nice. >> that is not going to come as news to the people who have elected him for three decades. >> he now has to be embraced by a new audience. the democratic primary audience. >> he is a man of a tremendous amount of experience, especially on the judiciary committee. he is very intelligent. dana bash watched all of this unfold. i don't know if you have had a chance to speak to senator

specter. he must be disappointed that he is ranking right down there as al franken as the most junior two members of this committee. >> i spoke with one of his top aides about that very question this morning, wolf. what i was told is that he gets it. he understands what he had to do and he admitted at the time for political reasons to keep his seat that this is one of the costs of it. so that's why he decided to stay here and he is sticking it out. what he is telling his staff at least and probably would tell me if i had the chance to go find him in the hallway that he has learned from his many, many years, it is not necessarily where you sit but you get to ask the tough questions. one point that i think is worth making with regard to arlen specter, there is no question that he is, as many of you all have pointed out, more u.s. rley than some of his colleagues. i think he felt easy to express the frustration that many do.

everybody does know it is a kabuki dance. they wish they could get some answers this. they do feel a responsibility to at least get some information about where somebody as important as a supreme court nominee stands before they vote yes or no. arlen specter is his own character and marchs to the beat of his own drum. >> each of 19 senators, 12 democrats, 7 republicans are going to have a maximum of 20 minutes each to go into the second round wechlt don't know when that second round is going to begin. right now, they are meeting behind closed doors for the fbi background check, the vetting process, to make sure everything is working out well. of course, once the questioning does resume, we are going to have live coverage. i want to just clear up one more

point. we were talking about what al franken, senator from minnesota, was saying about perry mason being his favorite show and her favorite show. we are no you getting information, and i grew up watching perry mason as well, there were not one, not two, but potentially three episodes where perry mason did not win but the prosecutor lost, the case of the deadly verdict, the case of the te terrified type pist an the case of the witless witness. al franken is going to have to check his research. >> i am told by a number of people here that appear to be both watching and have access to google that the case of the

deadly verdict, he lost. it wasn't perry mason's fault. his client lied to him. >> clearly, perry mason influenced sonya sotomayor. we are going to have a lot more coming up on the confirmation hearings. that's coming up in a few moments. let's check in with fredricka whitfield. fred? >> thanks so much, wolf. i am fredricka whitfield in for rick sanchez. oh, what a differences a few hours make. the things that we have learned just today about the northwest florida couple shot dead in their home. the case has changed dramatically. federal investigators are now on it. drug enforcement agency investigators are on it. why? why would federal drug experts take interest in what looks like a home invasion, robbery and murder and what about the big, gaping hole that police talked about today? all big questions and many others. we go to our ed lavandera in

pensacola. why the dea? >> reporter: we have heard for several days that federal agencies have been involved in this. each days, as we've reported on it, the scope seems to grow in terms of numbers and in terms of reach. there are clearly so many unanswered questions here. all along, authorities have said that that robbery and that home invasion was one of several motives. so even though we are not able to really fill in the blanks on this, everything is coming together very slowly. what has transpired rather recently is this afternoon, authorities had put out a request for people to be on the lookout for a woman named pamela long, who is believed to be the landlord of one of the suspects arrested and a real estate agent in this pensacola area. authorities have just told us they have scheduled a press conference which will start in 30 minutes. we asked the sheriff if this means they found this woman. they told us we would have to wait until that press conference to find out. kind of reading between the lines here. that might be what they talked

to us about. one of the other things they have talked about, which is just kind of adding to another level of intrigue to what is going on here, authorities say that not only are they looking for this pamela long woman but there is still another person of interest that they want to talk to. they opened up a window into this investigation and this idea they believe they are operating under this theory that it could have been another person involved whose job should have been to turn off the elaborate security system. they say these men trained for several weeks and rehearsed for what they were going to do. to look past that, something that should have been very obvious to them has seemed that glaring hole in this investigation. the sheriff talked about that a little while ago. >> we are also wondering at this time the huge gap in this operation. as you well know, we have spoken from the very beginning about its execution. it was less than ten minutes on the billings compound. four minutes in the house and

again exiting the entire property with the crime having been committed in less than 10 minutes. the gaping hole in this, in attempting to put the puzzle together in this investigation, and all of you should have asked this, we have asked ourselves this from the beginning. why was the security system not disabled? we are of the opinion that that may be a piece of this puzzle that has yet to be solved. >> reporter: so fredricka, as we've mentioned, authorities here planning another press conference when things appear to be moving rather quickly. they had put out for people to be on the lookout for this many would, pamela long. they had put out her picture. it appears that we might be getting some sort of movement on what is happening with her at this point. clearly, a lot more questions coming up about how that part of the investigation has progressed in the last few hours. >> ed, what is the believed connection between pamela long and this crime? >> we've asked that several

times. they won't get into specifics. they say they believe her to be -- they kept going back to that phrase. person of interest. they feel they want to talk to her. she might be able to help them out in some way. they do say, however, they don't believe she was at the crime scene when these murders took place. they believe there were seven people at that crime scene when the billings couple were murdered and that the seven people are in custody. that doesn't mean their investigation has ended. what part of that investigation and what that means, trying to get all of that information on the record has been rather difficult so far. >> and you and the police there touched on the surveillance system. so what is this theory? investigators have a theory as to why the cameras were not disabled as part of the surveillance system? >> what they alluded to is if these guys had taken so much time and had meth tholicily planned out that they described two members of these groups who had military background. one of them is an active duty

staff sergeant in the air force. they said for the last few weeks leading up to these murders, the authorities say these men trained and rehearsed what they were going to do at the billings compound. so it seems if they went through this much pain and effort, they would have known there was this elaborate camera system on the property, that they would have done something about it. they would have been aware that that would have been recording their every move. they came into this property in less than 10 minutes, they were in, out, inside the house, we are told, for about four minutes. so that's kind of plagued them from the very beginning. they believe it appears that someone should have been in charge of turning off or disabling that security system. it could have been done remotely, they say, but that didn't happen. they want to know why. >> very confusing and miss steer ya. ed laugh an dara is there. president conference at 4:00 from the escambia sheriff's department. when we come back, the man who usually occupies this seat

from 3:00 to 4:00 eastern every day will be joining me. he is on assignment in miami. he took his national con ver say on the road today to speak to some wise latina women like his mother about the sonya sotomayor hearing. much more from rick and company. a lot of the different processes we have in place such as rolling out more innovative products to really meet the needs of the customers. we actually move with the economic times. customers who maybe have lost their jobs, we're looking at waiving fees for them. we've introduced add it up. our risk free cd. it's one stop shopping for all the answers they're looking for. you just kind of have to learn to, just you know, just be there. that's how we keep moving.

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which has a copy of the check you deposited. you're in control of your finances. now when you talk about convenience, you measure us up to everyone else. well, you'll see we stand ahead of the curve. now she spends most 06 her time asking me not about me or anything else other than just my kids. i guess that's the role of a grandmother. >> you have taken the back seat to the kids. >> yeah, yeah, pretty much soechlt you kno so. it is interesting we would try and stretch our coverage because

we have heard a lot from pundits and legal analysts and politicians and newscasters and they all have something to say that's very much an important part of this story about sonya sotomayor and her candidacy and her nomination for the supreme court of the united states. it is historic. we haven't spent as much time going around the country and getting a perspective from other people, regular people who live other there and especially the people that have become a part of this nomenclature, this wise latina woman. i wanted to come to south florida and find four wise latina women who have been former federal prosecutors, gone to ivy league schools and fought the fight and made it and are extremely successful i think i found them. i am going to sit down and tell you what they have to say about what it is like, their perspective. it is really unique, fredericka. what it is like to be a female federal prosecutor and with all that that brings and still you walk into a courtroom as they

tell me and guess what, a lot of people say, oh, you must be the court reporter or are you the attorney's wife? that's the reality of the legal system, which they tell me is still very male dominated. that's an important point. before we even get started with them, i decided to talk to the wives of the latina women, my mama. usually, mom and i don't talk politics. dad and i talk politics. usually, mom and i don't talk politics. i asked her about sonya sotomayor and i found out that my mother, like many hispanic-americans, has a lot to say about this. take a listen. >> so you like sotomayor? are you proud? you are proud.

proud. proud because someone like you is in this position. [ speaking in spanish ] >> oh, you are proud because she came from nowhere like you? [ speaking in spanish ] >> and you are proud and you like the fact that she did it on her own, nobody gave it to her. she did it on her own. here is what is interesting about this as we look at it. there are different perspectives on this story around the country. look, there are some people that may live in south dakota or north dakota or kansas or minnesota, golden gophers, ra, ra. may have a different perspective on this than people that live in

new york or chicago or los angeles or phoenix or so many of these other places. it is important to note that the words she used, while they have upset a lot of people, taking it in or out of context, these four distinguished former prosecutors, defense attorneys, entrepreneurs, say they got her and they knew what she was saying. they go on to say or seem to imply that because of who she is and how hard the row has been to hoe for her, maybe she needs to be given a little room on this. take a listen to what they have to say about being a female in a male-dominated legal world. >> latino women are maid. that's why i don't like the word maria. i like elvira. i get distinguished.

i am trying to say, i am not a made. i went to law school. >> so does anybody else feel that way? do you fight those stereotypes? >> i disagree with the sense that a name attaches to a -- i understand where you are coming from to maybe a maid. are there stereotypes? absolutely. we are all living in a man's world. as far as lawyers, maybe we are 2% of the population. i go to meetings and it's me and maybe another woman. everybody else is a man. we have to battle inequities in perceptions and other angles that women have. >> we are still left with a couple of issues, having not so much to do with her record, sonya sotomayor's record but comments she has made a specific ruling she made about new haven connecticut firefighters, which is certainly an issue that a lot of people, has given a lot of people pause all over the

country and her comments about a wise latina women perhaps being better. i asked these ladies about that. i was very stern. i grilled them. i said, wait a minute. she made some declarations and said some things that maybe will upset some people. they say this thing was taken out of context and all she was trying to do was inspire these women when she made the comment. >> so along that comment about life experiences, because that's what we were talking about as she was talking about her life experiences certainly give her a certain advantage over some people when it comes down to making certain decisions, these women that you spoke with, including your mom, did they agree with that or did they take issue with that? >> no. as a matter of fact, the point they make isn't only that sonya sotomayor is qualified to be the next supreme court justice. they tell me she is necessary. she says, the idea that the united states of america would have a supreme court when the hispanic population of the united states is getting to the

point where it is growing by leaps and bounds and is about to become something like a third and is not representative of the supreme court tells you that someone with that perspective, as long as they are qualified when you look at their record, actually needs to be there to fill that gap that nobody else has been filling. that's their conviction to include my mom, four, five wise latina women. >> i am so glad you included your mother. people, of course, are very intrigued to hear more from these women, including your mother and they can by going to your blog an hearing more from these women, cnn.com/ricksanchez. adios. are you back tomorrow? >> i think i am. i think i am. >> it is hard to leave home. i totally understand. >> this used to be your home. >> i know. i love miami. thanks so much, rick. good talking to you. another fiery issue literally.

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president barack obama made history as america's first african-american president. now, many wonder if alabama will make history and elect that state's first african-american

governor. we have more. >> thank you, ladies and gentlemen. >> reporter: the symbol of a new alabama, a figure showing the state moving past its segregationist history. he's congressman artur davis, primed to make history, too, by becoming the state's first african-american governor. you really think you can win. >> no question i think we can win. we wouldn't be running if i didn't think we could win. >> reporter: our interview taking place at a church where four little girls were killed in a bombing during the civil rights movement. davis says he knows and believes in the people here today. >> i'm someone who's raised by my mother and grandmother, grew up in a relatively small town, montgomery, alabama. >> reporter: davis made his way through harvard law school. politics brought him home. >> decided to come back. i wanted to contribute something to the state. >> reporter: he lost first bid to congress in 2007 but won a rematch later and has served four terms. but is alabama ready for a

democratic african-american governor? >> alabama needs artur. they just don't know it. >> reporter: peggy wallace has a unique perspective. her father, former alabama governor george wallace, noted for saying -- >> segregation tomorrow, and segregation forever. >> reporter: wallace later renounced his segregationist views, changing times. his daughter supported then senator barack obama during the 2008 election and supports davis now. >> we have many plans that did not and couldn't understand why we voted for obama, and i'm sure will not vote for artur. some people are just -- are just not ready. >> reporter: to which davis says -- >> i think more of them know they're ready than some people think. >> reporter: political analysts like natalie davis day when talking politics and color, remember, alabama is a red state. president obama lost the state by a wide margin, capturing about 10% of the white vote. >> in alabama, if you're a

democrat running against a republican, white or black, you have to take 38% of the white vote. >> reporter: she says it's a tall order but davis remains confident. >> breakthrough moments often aren't foreseeable. even just a short time before they happen. welcome to our mcdonald's. yours? really? it's been our dream since we were kids. uh, that long, huh? why not? mcdonald's really supports entrepreneurs. they spend over $5 billion dollars... with businesses in communities like ours. you two really know your stuff. we've done our homework! time for breakfast. mom! not in front of the customers. wake up! wake up!

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in tallas, smoke pouring from a building. residents were told to evacuate. the fire was confined to the roof.

the building does not have a fire sprinkler system. those were not required when the complex was built in 1963. maybe the sixth time will be the charm for the space shuttle "endeavour" to lift off. we'll see the forecast next. ?p ♪ ♪ which one's me - for a cool convertible or an suv? ♪ ♪ too bad i didn't know my credit was whack ♪ ♪ 'cause now i'm driving off the lot in a used sub-compact. ♪ ♪ f-r-e-e, that spells free credit report dot com, baby. ♪ ♪ saw their ads on my tv ♪ thought about going but was too lazy ♪ ♪ now instead of looking fly and rollin' phat ♪ ♪ my legs are sticking to the vinyl ♪

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welcome back. you're looking at live pictures out of escambia county, florida, because momentarily a press conference will take place involving the murders of a home couple while they were home with children. we'll take that as soon as it happens. meanwhile, some weather. chad myers in the weather center. might the weather cooperate for that shuttle lift snauf. >> it's trying. there are so many parameters at