maybe even the constitutionality of the president's healthcare law. and hundreds pack what they can and flee the libyan city. they are battling for control of the city while the red cross warns of a humanitarian crisis. staying it to the streets. protesters occupy wall street protesting corporate agreed and injustice. they aren't done yet. and governor chris christie is exploring what it would take to run for president. americas news from the capital starts right now. the nation's nine supreme court justices start a new term monday. one of the big issues will be deciding whether or not to take up the case of the constitutionality of president obama's healthcare law. we are joined with more on that and some of other the other big

cases. hi, peter. >> as you know, the supreme court hasn't officially said they will rule on the constitutionality of the affordable care act but they are expected to. it's been challenged in the lower courts and the obama administration has asked the court to rule on it. even though it's not on the docket, keep an eye out for that as the new term starts tomorrow. and keep an eye on whether or not they think arizona and alabama can enforce their own immigration laws or whether it has to be done federally. and whether federal agents need a search warrant to put a gps device on somebody's car. and liberals want justice thomas to recuse himself from the healthcare ruling because his wife worked for a group that opposed it. and others want another justice to recuse herself because she

was too involved with the legal aspect while she was president obama's slit tore general. before the nine justices go back to work tomorrow, today there was a red mass here in their honor. a time they all got together to pray for the nine justices to find guidance in the new term. the main overarching theme of the term will be figuring out how involved the federal government should be in people's lives. >> thank you very much for the overview. >> yep. >> your turn to weigh in from home. do you think the supreme court takes up the healthcare case, willhey declare the law unconstitutional or not? we will love to here from you. tweet in your answers. we will read some of your responses how you feel about the case later in this hour. >> presidential candidate mitt romney told fox news host mike huckabee he would support conservative supreme court justices if he becomes president. he took time to defend his

massachusetts healthcare plan on the huckabee show. will he or wot he? governor chris christie is said to be determining how long it would launch to start a presidential campaign in iowa and new hampshire? the drum beat is beating louder. he's not without his sceptics. here's what a few other candidates think about a potential chris christie run. >> i think if chris christy decides to run, it will have the same effect when player got involved. they would be in awe of him for about two weeks. >> i think he's been governor a year and a half and there is plenty 20 do there. there are plenty of opportunities down the road if he wants to get involved in the race. >> he's a good governor. if he wants to come, we welcome him. i think running for president is a little more complicated than running for governor. >> and lawmakers are weighing in on the significance of the

killing of terrorist anwar al-awlaki. we are live with details. hi, steve. >> hi, shannon. democrats and republicans alike are applauding the obama administration for the successful strike against the top al-qaeda operative in yemen. anwar al-awlaki was killed friday by drone airaft operated by the cia. it comes on the heels of an attack of the killing of president osama bin laden. even the president's harshests critics are giving him credit. >> i think it was a good strike and the president ought to have the authority to order that strike even when it involves an american citizen if there is clear evidence he is part of planning attacks against the united states. >> and the increasing importance of unmanned aircraft against the fight in al-qaeda. it was revealed there's a network of bases where drones can be launched. they can be flown from the u.s.

and maintained by ground crews in the warning. but some are warning they could become a little too handy. >> let me say one thing about drone strikes. i support them as a tool. but we have to be very careful how we use them. but we have to have a counter narrative, we have to live our values, we have to do other thing, diplomacy and development in the countries in order to persuade the next generation not to strap an suicide belt. >> and meantime a new travel alert in the wake of the death of anwar al-awlaki. they say the death of him could provide motivation for anti-american attacks worldwide from individuals or groups seek to go retaliate. americans traveling oversees are urged to register with the u.s. embassy in the country they are visiting. >> thanks very much. of course, the death of anwar al-awlaki has dealt a blow to al-qaeda. joining us former fbi agent.

>> how big is this for the u.s. military? >> it's a big deal. he was clearly one of the key leaders in al-qaeda and there's only a certain amount of leaders. it's not an infinite pool. it hurts them. it sends a signal. it makes our country more secure and safer. it is a major accomplishment. it's not the end of the battle. it's not the end of the war certainly. but it is very significant, indeed. >> and there are reports that samir khan, who is another american born operative, was also killed in that attack. he was the man behind the inspire magazine, the al-qaeda magazine online. both had a unique understanding of reaching out to westerners because they were born in the u.s., they spent a lot of time in our culture and they are u.s.

citizens, in addition to their other allegiances. how tough will be for al-qaeda to replace them? somebody who speaks the language, understand westerners and yet is siding with al-qaeda. >> these are unique individuals. not easily replaceable. not that no one could replace them but there are only a fine night number of these people out there. it will not be easy to replace them. certainly the momentum and the rhythm of their operations is significantly impacted by this kind of event. >> what do you make of the very vocal criticism from lawmakers and other groups out there who are saying these people were u.s. citizens. i mean, you can't go, quote, assassinate them. apparently there was a d. o. j. memo that said we have done this legally, we believe we were authorized to act, but how does the administration deal with this? >> that's a very good point. first of all i come from the criminal justice and law enforcement world. i believe in our system of criminal justice, i believe in

the constitution and rights of individuals. it's what really distinguishes our country that many other places in the world, many other systems in the world. we tried the law enforcement approach as the sole approach to counterterrorism for many years. in fact had i was there that's what we did. after the bombingings in east africa we indicted osama bin laden and put him on the top ten list as if that would solve the problem. if he would have left his cave and walked into a post office somewhere in new york, i suppose we would have arrested him. but, of course, that isn't going to happen. the criminal justice has a place in counterterrorism but it's certainly not the sole weapon we need to employ. if the world was constructed differently, if we could have gone after anwar al-awlaki through the court process, the investigative law enforcement process, that would be wonderful but the world doesn't work that way. there are many places where terrorists and terrorist organizations are supported by

governments, other places where the indigenous government simply hasn't got the ability or the desire to help us. and we cannot sit back and wait for the criminal justice system to run its course because it's not going to happen. we have to take other means, and as long as we are careful about those, as long as those are vetted properly, which apparently was in this case, the first responsibility of this government is to ensure that its citizens are protected and are secure. we have to do it, we have to do it in order to do that. if we had been more aggressive, i know it's easy to look back with 20-20 hindsight, but if we had been more aggressive of a osama bin laden did what he did to us in the 90s, we might not have lost 3,000 citizens at 9/11. we simply cannot let that happen. it is a tough world and you have to employ the appropriate tough techniques and sometimes actions like this are absolutely necessary. >> all right. steve, we appreciate your unique

insight here. thanks for your time today. >> you're welcome. >> three of the civilians are packed into cars and fleeing sert, the besieged home of moammar gadhafi. a family of four was reportedly gunned down while trying to clear and it's not clear who shot them. we are live in libya with the latest on the swag. hello, david. >> hi, shannon. this crisis seems to be unfolding in gadhafi's hometown of sert as people struggle to survive the weeks of fighting. a red cross team managed to bet into the town after getting clearance from both sides. they went to a hospital to deliver medical supplies. but they found a hospital full of victims of the fighting. the red cross said medical supplies are running out there. the fuel for the generators is also low. there's an lack of action general and the water fly to the

hospital has now within damaged. the people, they say, are dying because they can't get treatment. now the red cross teams said they could not visit the wards in the hospital where the people were being treated because the hospital was actually being fired on. a number of missiles actually landed at the establishment as they were trying to visit it. now this fighting has been going on, even the revolutionary forces have been besieging the town and they called a truce over the last twelve hours or so to try to help the civilians get out. they have opened a route and hundreds, maybe thousands of civilians have used that to leave the town at this time. they have been flooding out, but it has been dangerous. as you said, one family in a car did get hit by a mortar yesterday. and the revolutionary forces pushed in from the east, west and south. they pushed the gadhafi

loyalists back to about a three mile center area of the town. what the revolutionary command is saying at this time is, they will wait for this truce to finish. hopefully most the civilians will get out, but then they intend to go in and flatten that town. back to you, shannon. >> all right. david piper with the latest from libya. thank you, david. >> a mini war plane mistakenly bombed its own troops in the volatile south, killing 30 soldiers. that's according to military officials. they say they were stationed at an abandoned school. the troops were part of a brigade that has joined widespread opposition against the president's 33-year-old rule. syria has strong words to the united states, stop meddling. it comes from syria's state run newspaper and is directed toward the ambassador to that country.

they even pelted him with eggs last week. we are joined by leland live. >> just as it appearance the syrian opposition is getting support and tracks from organizations, the sear yu government is increasing it's brutal tactics. they aren't stopping with the opposition, they are taking the unprecedented move of threatening and intimidating and harassing the diplomatic crew, including the u.s. delegation. we have some video from the latest attack on the u.s. ambassador, robert ford. his armored suburban was headed away from a meeting with leaders and that's when they were pelted with rocks, eggs and cement blocks. it's happening just as the syrian government is moving more troops and security services into and trying tackle some of these protesters and get them in the cities where they actually have a home base. this uprising began about the same time as the egyptian revolution but they have been

unable to get any kind of tracks. the government there inside syria kicked out all the foreign media so it's very difficult for us to see the regime's tactics. but the opposition groups have formed their own youtube channel and what you are watching is coming from that. they have branded a lot of their youtube channels, even calling one the syrian news. they are trying to show off exactly how bad this regime is. they have killed 2300 people and 13 protesters died this week. the u.s. president said the syrian regime is legitimate and he needs to go. the world has done little more than to slap the syrian regime on the wrist. where did do we go from here? it appears the military intervention is next to impossible. the regime continues to get more brutal in their crackdowns. they have now ratcheted up one more notch and they have threatened a u.s. ambassador and they said if he continues his

meddling, quote, unquote, he has unpleasant things to come. they just didn't specify what those unpleasant things were. >> doesn't sound good. leland, thank you very much on the front lines there. hundreds of arrests in the big apple. we will tell you why a little bit later in the program. but first do your children give up their first amendment rights when they walk through the doors of their school? to recovery. proper nutrition can help you get back on your feet. three out of four doctors recommend the ensure brand for extra nutrition. ensure clinical strength has revigor and thirteen grams of protein to protect, preserve, and promote muscle health. and immune balance to help support your immune system. ensure clinical strength... helping you to bounce back. ensure! nutrition in charge!

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>> to your children give up their first amendment rights when they walk through the doors of their school? that's the question of the root of a legal battle that started when an 8-year-old boy told he couldn't hand out candy canes at a party because they had a religious meaning attached to them. joining us live from san francisco is kelly, chief counsel of liberty institute. the legal organization that's acting on behalf of the boy and his family, and other families as well. thanks for joining us today. >> happy to do it. >> this has been going on for years and it wasn't just about handing out the candy canes. another is a young girl was handing out tickets to a religious performance and another involved pencils that something of a religious nature on them. ultimately this week how did the court rule this week when it came to kids and the first amendment? >> number one, and this was the big argument that they made, and people have a hard time even

believing this until they read it and see it. they argued, these school officials, that elementary school children in their opinion were too young to have constitution that will rights and even if they did engage in this, neither they or their parents would have any recourse. we found it breathtaking. there we are were before the federal appeals judges arguing that thing. that would have stripped away the rights of 42 million school children overnight where their parents couldn't even protect them from violations. we are glad, number one that's correct decision made clear that the first amendment does apply to protect all of our students, including elementary school students. and number two, they ruled that what these principals did, as you mentioned, like telling johnathan he couldn't bring his gifts to his friends because they had a religious poem attached, and grabbing this little elementary schoolgirl by the shoulder and threatening to kick her out of school because after school on the school lawn

they gave a pencil to her friend that said jesus. they said those types of things are clearly unconstitutional. the bad side of the ruling in our view is then they didn't ld them responsible. they let them off the hook responsibility-wise but it's very important we get these principals established and strong or else this will continue to happen to kids across the country. >> are you considering appeal on the issue of whether or not the principal should have some liability here some something that may take you all the way to the supreme court? >> absolutely. i mean the case will continue no matter what because we still have the lawsuit against the school district for what happened. there are other facts, too. there's a whole class full of kids that were literally prohibited from writing merry christmas in in letters to the soldiers in iraq. we will continue with the lawsuit. the question in this case is, again, the court said they violate the the rights of these kids with these actions. question is whether they should be held responsible. that's what we try to teach your

kids, look, when you make a mistake you are responsible for those mistakes, and if you can't hold people responsible you can never get rulings that makes sure it doesn't happen again. that is something we are seriously looking at and we will have to make that decision. but either way this is going to be forward. either way, shannon, this is a war that is sort of happening across the country over these basic freedoms. there's press dents of that been in place for a long time that are now under attack and the courts will be sorting these things out. i would encourage people, if they are skeptical at all, look at the opinion. they can look at the case. this is something that, again, i think we used to take for granted that neither teachers or children leave their first amendment rights at the schoolhouse gate, they can't disrupt the classroom but they have a right to respectfully express their opinion. that's under attack in lawsuits around the country. >> and in lows closing i want to read a little bit of that opinion from the judge, jennifer walker said we hole the first amendment protects all children from viewpoint discrimination

against private nondisruptive student-to-student peach. we will continue to follow your case as it plays out and we will see you here in washington if it comes to the supreme court. thank you, kelly. >> thank you, shannon. >> another green energy scandal. where your tax money produced very few results. but first hundreds ever protesters take on wall street. maybe not. v8 v-fusion juice gives them a full serving of vegetables plus a full serving of fruit. but it just tastes like fruit. [ male announcer ] get five dollars in money-saving coupons at v8juice.com. and who ordered the yummy cereal? yuy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole gin oats that can help lower cholesterol? honey nut cheerios.

>> u.s. supreme court starts its new term tomorrow, and the agenda is expected to be packed. stand being by with some of today's top stories is peter. >> you are right. nine justices could have some high profile cases on the docket. they may be asked to decide the constitutionality of president obama's healthcare law. and they may here cases on immigration and in sensecy. at least 30 soldiers have been killed in yemen. they mistakenly bombed a site in

the south but the government is denying the report. blew and fleeing and fighting between rebel troops in serte, libya. the top u.s. commander said the military mission in libya is largely complete and fay toe's involvement could begin to soon wrap up, as well. and president barack obama and lead michelle marked 19 years of major last night. they went to a restaurant in alexandra, virginia, to celebrate their wedding anniversary which is officially tomorrow. back to you. >> thank you very much. hundreds ever protesters have been camped out in new york's wall street district. they say they are not done yet. we are joined live from new york with the latest. >> hi there, shannon. they have been demonstrating for two weeks. they are holding signs in protest of everything from social agreed and social inequality to global warning. it was peaceful until clashes

with police yesterday after they swarmed the brooklyn bridge and shut down a lane of traffic for hours. a group has been camped out in the financial district and organized an i impromptu march o brooklyn. but as they walked on the sidewalks up to the bridge some spilled on to the roadway after being told to stay on the pedestrian pathway by police. the majority ever 700 people arrested were given citations for disorderly conduct and released. some said they were lured on to the roadway by police. then some sat on the roadway chanting "let us go" and others yelled from a walkway above. police say no one was tricked into being arrested and those in the back of group who couldn't hear the orders were allowed to leave. meanwhile in other parts ever theory, protesters also gathered in albuquerque, new mexico, boston, denver, los angeles. all expressing their solidarity with the movement here in new york though their demands

remain unclear. turnout has reached as high as a few thousand in some places. back here in new york city a core group of about 200 people have remained camped out throughout the entire week sleeping on air mattresses, using mac laptops, we are told, and playing drums. a few times a day they walk down to wall street yelling "this is what democracy looks like." shannon. >> julie with the latest from new york. thank you. >> sure. >> the feeble solar power industry in the u.s. might not reflect reality. jim engel explains. >> the solar industry business is miew and in need of hem and those who worked in decades say privately funded companies are thriving. >> the last few years solar has grown from 30,000 megawatts ever shipments to 17,000 megawatts of shipment. >> solar power is booming and fundamentally because solar is

becoming more, more affordable everyday. >> it's grown from a mere 20 companies in the 1980s to more than 5,000. those in the industry say it's been the fastest growing energy technology in the world for ten years in a row. >> there's been an explosion in growth in solar. last year the solar market doubled in the u.s. it's doubling again this year. >> the industry is employing 100,000 people today. solar is actually a net exporter to the tune of $2 billion. >> so if the solar industry is thriving in a free market, why should taxpayers be subcy dieing it. and at a time when it's becoming increasingly competitive because prices are falling. solar is now cheaper than power from a new nuclear plant or a new coal-fired plant. one reason why it's attracting large amounts of private investment. >> what we need to do is focus on the strengths and letting the venture capitalist community do their work and the government doing its work and letting the consumers become sophisticated

shoppers in this sphere. >> she favors green energy but a more direct way is to give consumers help in buying solar panels rather than giving loans to company to make them. >> when you have the government giving away a lot of risk-free money, companies kind of change their or yearntation wart courting washington and away from courting consumers. >> so the question comes town to this. how and why would the administration pick two or throw dozen projects such as so solyndra for special help what thousands of others succeed without it? jim engel, fox news. >> following german lawmakers vote for a stronger you'reio zone bailout fund there will be a meeting thursday. what is happening in europe and what does it mean to us economy? here about incites is steve forbes, chairman and editor-in-chief of forbes media. great to see you today.

thanks for being with us. >> good to be with you. >> what is happening with frees and what germany is voting on and how that eventually impacts us? >> well, it impacts us because if their banking system gets in trouble, it means we are in trouble. for example, money funds in this country still have about four or five billion dollars in assets in european banks. we are all tied together in this thing. the germans have bought time by with a their parliament has done. they still hasn't faced up to the fact that greece is going to default and they better be prepared. and they better take quicker action was countries like spain andity will i that can easily be saved and top it before it affects us. >> there's been a little bit of criticism, some remarks this week out of germany. the finance minister there said i don't think europe's problems are america's only problems, and he talked about how it's so easy to give other people advice, insinuating we have a lot to do to clean up here before we are criticizing anywhere else.

>> we certainly do have a big job cleaning up here. but i think they invited geithner over there, our treasury secretary. so no surprise if he goes over there he will express concern that if the europeans get their act together immediately on the sovereign debt crisis, it will affect us. there's a lot of criticism to go around but i hope the germans and the french get their act together in the next few weeks and not let it drag out because it will affect us this year and next year. >> where does the world at this point look for leadership when it comes to ironing out these issues? is there any one leader who you think are making all the right moves. >> the answer is it's more like making the wrong moves or nonmoves. german and french have been tick kicking the can down the read, that is isolating greece and restruuring their debt and make minor reforms to get spain and italy back on their feet. and the united states we continue to weaken the dollar,

the economy is sub par. there is no leadership, and no one stands out and that's part of the problem. nobody knows where to turn it. >> a quick question about the word that barge of america customers would soon be having a $5.00 a month charge it they use their debit card, whether one time or 100 times. a lot of people are saying it's fallout from the frank dodd bill. do you think it is appropriate to characterize thoughts how it came about. >> it came about because the banks can't charge merchants what they have been able to before. we have price controls and when you have price controls you will get unfortunate side effects. you will see more and more banks charge forechecking accounts and the like. there is no free lunch. if you pile on regulations, somebody has to pay for them and ultimately it is the consumer. >> all right. steve forbes, always great to hear from you. thank you so much. >> thank you. >> up next, a preview of the supreme court's new term. [ male announcer ] tom's discovering that living healthy can be fun.

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>> it's shaping up to be another busy term for the supreme court which is officially back in session tomorrow. here with me to preview some of the highlights it's former department of justice official under george w. bush, tom dupuis. thanks for joining us today. >> thanks for having me, shannon. >> as usual they have a little bit of anything. whether into business cases or dealing with immigration. there is something for everyone in this term. let's start with some of these case that is deal with deportation and some possible guidance the court may give. when it comes to the issue of youngsters who were brought here through no choice of their own but they live here now and are here illegally, whether or not they should be deported. >> the supreme court took a couple cases on this issue for this term. it's an interesting question because as you said, you have circumstances where someone is brought here illegally as a youngster and several years later they might commit a crime and the u.s. is trying to remove them. the question the supreme court is going to decide is does that youngster get credited for the

years his parents spent here? it's an interesting issue both from a legal perspective, and also because the administration is somewhat of an awkward position. certainly a lot of their political supporters don't like the administration what they see as a pro enforcement approach. that's the approach they are taking in the supreme court for the administration. you have the legal add considerationings and you have the tricky political implications for the administration as well. >> and regardless of circumstances if you are here illegally, you commit a crime, some think you need to go. that doesn't play with a wig part of the base for the administration, especially when we have the announcement d. o. j. is telegraphing, it a state passes an immigration law that we think conflicts with i amiation allow, they will go after them. >> they have sued various straights trying to get their laws struck down as unconstitutional.

you are seeing a very tightrope the administration is walking. they don't want to alienate their base but at the same time they are saying we can't have our hands tight. we need to be able to remove dangerous people from our communities if they are here illegally and they commit a crime. absolutely they shouldn't be here. the administration is trying to manage those two tensions. >> the fourth amendment gets a lot of attention of the court. search and seizure, how it plays out with police policies." we have a case that involves putting a gps tracking device on a suspect's car without a warrant. it's interesting me this is bringing together interesting collations. >> it sure is. this is a classic case that really splits the conservatives that take more of a pro police approach meant from the libber teariance that think the government may be overly aggressive. it case is what is it the constitution broke. your home an can be violated but you try to apply those

principals in modern technology, a gps tracker. the supreme court will be wrestling with those issues and trying to figure out if people have a reasonable expectation of privacy such that the government needs to get a warrant if they want to attach a tracker to somebody's card. >> the one they have not officially taken up but the only one people want to talk about most of the time is the healthcare law. there are several appeals, several lower court decisions, and the appeals is with the courts so it's ripe for them to look and see which of the case these may take. think i think we would all be stunned if they don't take up this case, deciding the constitutionality, among other thing. how soon do you think we get a decision which cases they take and is it decided by the end of the term? >> i this there's a very, very good chance of that. i think we will find out the last few months. what we've seen the last weeks or so, the stars are coming into alignment. there are a number of lower courts of that taken different approaches. you have a case that represents very important constitutional questions arising from the administration' signature domestic initiative. now you have both the states that are challenging the law, as

well as the administration itself telling the supreme court, you need to decide this issue now. so i think the likelihood the supreme court review has increased, and i think all of these factors together make it a pretty difficult invitation for the supreme court to turn down. >> all right. calls from the left for justice thomas to recuse himself and calls from the right for justice kagen to recuse herself. does anyone do that? >> i don't think so. frankly, it doesn't surprise me you hear calls for recusal. it's a humongously important case. there's a good possibility it could be decided by a one-vote margin and in that circumstances you have people lining up both sides of the political isle trying to get whatever advantage they can, doesn't surprise me there are calls for recusal but i think at the end of the day they are both decideth case. >> always great to examine the supreme court with you, police come back. i think we will know more about the healthcare case soon.

>> thanks, shannon. >> tomorrow could be judgment day for amanda knocks. that's when the decision in. it's expected tomorrow. she was convicted by a lower court. she's been behind bars the last four years. she report reportedly spent her timed to attending mass in prison and calling her grandmother. a second typhoon in a week has bat earned the northern philippines. at least 50 people have been killed, dozens missing and power is shut off by authorities to prevent accidents from falling cables. and a fire that charred about 1,000 acres in nevada is now burning away from home b380 firefighters along with air tankers and helicopters are trying to control the blaze. the fire is among more than a dozen sparked by thunderstorms on friday. and herman cain joined chris wallace on fox this sunday. a preview of that next. and why the cost of air travel may be going up, yes, again.

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the voice of the people is more powerful than the voice of the media. the people says something diffently. >> that was republican

presidential candidate herman cain coming off a good week on the campaign trail. he' merged in the latest fox news poll in third, just 2 points behind rick perry and about six behind frontrunner mitt romney. he scored a landslide victory in the first mid-western tea party straw poll. he was a guest on fox news sunday and i sat with chris wallace to get a preview. >> chris, you had someone on who has become a political phenom ma. he's getting more and more attraction each guy. >> absolutely. herman cain did very well in the last fox debate. he scored a stunning victory last weekend in the florida straw poll. and in the latest poll he was down in single digits, six percent, and he's now within the top tier and within the margin ever error. i think it's romney 23, perry is the, herman cain 17. he's a real player in this presidential race. >> and you flushed out, pushed him on hisconomic policies and his proposal today.

>> that's right. 9-9-9. it's interesting. he was, and we also know he was the head of godfather's pizza but he understands the value of marketing. he was speaking in iowa recently and he said let he tell you about the economic plan and he said nine, and the crowd said the other two nines. they may not know exactly what it means but they know it. but if you said what is perry's economic plan or perry's, they wouldn't know it. there's controversy whether it would bring in as much money as the current sales tax system does, whether it ends up benefiting the wealthy and hurting the poor. but at least people are arguing about his explain they know it. i think conservative republicans, the idea of flattening the tacks, that's something they have been looking for for a long time. i think it's a net plus for him. >> and you had two money know a lot about the tax code and about business here in the u.s. you talked to them about policies for the current administration and how that's working and what they maybe think this president needs to

do. >> yeah. we talked to fred smith, the head of fedex, and robert johnson, who was the founder of black entertainment television. this all started because there were a couple of top businessmen who started speaking out this week. the head of coca-cola said it's a heckuva lot easier doing business in china, which seems open for business, business, ann the u.s. who seems to discourage business. and the person who helped build aol and the democrat talking about the class warfare of president obama. bob johnson, who is a big democrat, he was decrying the class warfare. he said i got into business to make money, to help my shareholders, to build the american dream, and to employ people. now i'm being portrayed as a bad guy. if i can have a corporate jet because it helps me do business and i employ people by having the corporate jet, why is that suddenly make me a fellow wearing a black hat? so to hear from these two top

businessmen, you know, they weren't crazy about president obama's policies. what they really were upset with was the gridlock and deadlock in washington, and that you can't get anything done. there's no effort to reach a compromise. and as a result, as bad as the economy is, they are kind of saying we are going to have to wait for 2012. that's a long time from now. >> and on the back end of that, a very positive ending on a power player folks will not want to miss, very inspiring. thanks for the preview, chris. >> you bet. thank you. >> you can see the full herman cain interview 2:00 eastern right here on fox news. it's on the fox news channel for you, fox news channel. after the breaks, new taxes could mean the cost flying is ready to take off once again. just one phillips' colon health probiotic cap a day

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the cost of flying may be going up again. peter barnes reports if president obama gets his way, you soon may be paying more for access to the increasingly expensive skies. >> reporter: government fees for airline travel could be taking off. in his deficit reduction plan two weeks ago, president obama proposed $26 billion in airline and passenger fees in ten years to shift more of the costs of the airport security and traffic control from the government to users and for $15 billion in deficit

reduction. right now, passengers pay a maximum fee of $10 per round trip ticket to support airport security. the administration wants to raise that to $15 by 2017. and it wants to add a new departure surcharge of $100 per plane for all commercial flights. the airline industry is fighting the proposals saying they could result in higher ticket prices, less service and fewer workers. >> airlines and our passengers are already paying too much in taxes. $61 of every $300 round trip ticket goes to federal taxes and fees. >> the administration says that after 9/11, washington, intended that passengers pay for all of the price of more airport security. but the congress has not raised ticket fees since 2001, shifting the growing cost to all taxpayers. passengers are divided. >> i think that airport

security is premium, it is very important and i believe that i'm willing to pay for it. >> it is not okay because i mean i work hard for my money. >> top republicans in congress have eject the proposals but the airline industry fears that the deficit supercommittee could find them an attractive target especially since fees are not called taxes. in washington, peter barnes, fox business. >> shannon: i'm shannon bream. hour number two of america's news headquarters live from the nation's capital starts right now. when the nation's highest court begins its new term tomorrow the justices expected to face several hot button issues. one that is not formally on the docket but will ar certainly wd up there is the obama care. >> none of the appeals that

have gone to the supreme court about the affordable care act have been accepted yet but they are expected to take up one of the appeals. the healthcare law has already been challenged in the lower courts and the obama administration asked the high court to hear a case on it. look for arguments about that most likely sometime in the spring right in the middle of the busy presidential campaign. expect arguments about whether or not states can enforce their own immigration laws or if that must be done federally. and whether or not federal agents need a search warrant to pop a gps on your car to track you without your knowledge. the big theme tomorrow is shaping up to be the government's involvement in your life. affirmative action and the rights of gay adoptive parents. knocconservatives are urging js moments of clarence issues elena kagan to reduce herself because they say she was too involved with the bill on the inside of the administration

when she was president obama's solicitor general. liberals are trying to get justice clarence thomas to reduce himself from healthcare arguments because they say his wife was paid to fight against it. contentious arguments already. today that was set aside for a red mass in washington, d.c. they have the service every single year the day before the supreme court starts. the justices were there. the idea was to pray for the justices to have guidance as they navigate what might become one of their most important terms in years. >> getting ready for tomorrow. >> um-h'm. s that, peter. 26 states are hoping the supreme court will see their side of the healthcare case and rule that the individual mandate is unconstitutional. leading that fight is general greg abbott. thank you for your time today. >> good afternoon, shannon. >> shannon: there are several appeals throughout. the one that you are are involved with, the 26 states are involved with, which do you

think the court will ultimately take up assuming itle take the case. >> the court will take the case involving the 26 states. the u.s. d.o.j. pointed out that the case from the sixth circuit is not the best vehicle to take to the court on this issue. when the department of justice says this is the case to take when a law is stricken down as unconstitutional and you you have more than half of the states involved in the conflict. because of the conflict in court appeals decisions, because the u.s. d.o.j. is appealing this matter i would say there is about a 99.99% chance the court will be taking the case and taking it quickly. >> shannon: who do you think are the key justices to argue your points to when the case get there's. everybody looks to justice kennedy these days. he is usually the swingng voten a lot of the 5-4 decisions but there are discussions that go beyond justice kennedy. who do you think you have to

convince in this case to win? >> well, we on behalf of the states know that we start out the argument losing four justices votes. and so we need kennedy, we need scalia, thomas, roberts. i think kennedy will be the swing vote. here is the important thing. twice over the past 16 years, justice kennedy has voted to strike down an act of congress going beyond the limits of the commerce clause. that is the legal theory upon which the states rest their claim. if justice kennedy votes again saying that congress exceeded their authority under the commerce clause i think that should prove a victory for the states in our challenge against it obama care. >> what do you say to the criticism takes that point to the decisions in the lower courts that upheld the constitutionality and the law as a whole saying it is a valid use of congressional power and

they will be on the winning side of the 5-4 decision. >> the decisions say what nancy pelosi and the new york times and other people say and that is listen basically there is no limit to congressional power and also they say that healthcare involve commerce and insurance involves commerce. that is not the issue in this case. the here is you is whether or not congress for the first time in american history can force americans to could out and purchase a product known as the individual mandate. as the court made clear in our case if the law is upheld it will mean there are no limits to congressional power and what -- and no limit to what congress can force americans to purchase. this would be a broad wide sweeping court opinion if it opposed obama care and will be a deep threat to the liberty of all americans. >> shannon: and i want to ask you quickly what you make of the calls for re'cusals for various reasons.

>> those calls are are predictable when you are dealing with a case of this magnitude. it is the premier issue of president obama's presidency and so you will see some people come out of the wood works challenging various justices on different reasons. i think when it is all said and done all nine justices on the court will participate in the case. >> we will ex-about peck to see you -- we will expect to see you here in washington. probably just a matter of time. thanks for your time today. >> i will be there, shannon, thank you. >> shannon: lawmakers and military officials weighing in on the significance of killing the al-qaeda leader. steve centanni is live with details. hi, steve. >> reporter: president obama is getting credit for another high profile strike against al-qaeda leadership but also pressured to release his legal justification for the killing of american citizens. the american born al-awlaki was

killed by an unmanned drone aircraft in yemen along with another american believed to be an al-qaeda propagandaist. vice president dick cheney is among those who applaud the strike in general. >> the obama administration has clearly reached the point where they have agreed they need to be tough and aggressive in defending the nation and using some of the same techniques that the bush administration did. >> reporter: even though the former vice president agrees al-awlaki should have been taken out he says the bush administration received unfair criticism over the use of harsh interrogation techniques, given that the obama administration is now going after american citizens without due process. the obama justice department issued a classified ruling before the unmanned drone strike maintaining al-awlaki was plotting against the u.s. and there was no way to arrest him. at least one democrat wants that memo made public. >> i do applaud the fact that they have continued an aggressive counter terrorism

strategy. i'm for that. but i think the debate about the legal grounds for that strategy should be more in the open and we should have a legal frame work around our interrogation and detention policies far more than we do right now. >> reporter: the state department issued a travel alert in the wake of the al-awlaki killing. they said it could potentially trigger antiamerican acts worldwide to avenge his death. >> steve centanni with the latest. thank you, steve. syrian dissidents formally announced the creation of a council that aims to overthrow the president's regime. they read the founding statement in a meeting in neighboring turkey. the group rejects any foreign intertearence in syria and asks the international community to recognize its legitimacy. iraqi officials say four antial-qaeda fighters killed by two separate road side bombs.

the first happened outside of baghdad and killed two members of the awakening council. the second bomb went off as another patrol raced to the scene of the first blast, killing two additional fighters. at least 30 of its own soldiers in yemen killed. the solders were stationed at an abandoned school along the frontline between yemeni forces and militants linked to al-qaeda. part of a brigade that joined the widespread opposition against the 33 year rule. rebel forces had given civilians two days to get out as the fighting rages on. a family of four was gunned down while trying to leave. although it is not clear who shot them. david piper is in libya with the latest on the situation. hello, david. yes, a humanitarian crisis seems to be looming at this

moment at qaddafi's hometown of sirte with many people injured after being trapped in the town. the international red cross did manage to get a team in after getting agreement from both sides. they traveled to the hospital and they were delivering medical supplies there. but they found it was packed with victims of the fighting. they say that medical supplies remain low there. there is also a loc lack of ful for the generator and the water supply has been damaged now, in the fighting. they also say that many of these people will lose their life if they don't get treatment soon. and the red cross also said they couldn't visit the wounded in the ward of the hospital because it actually came under attack while they were visiting. they said a number of rockets landed in the vicinity of the buildings. all this fighting is going on despite a truce that the revolutionaries decided on about 12 hours ago from now.

and but the fighting has continued on the edge. but they are trying to help civilians leave the town. they have left a route open and hundreds of them have jumped into their cars and got out of that town while there is some kind of impass in the fighting. but at the same time, the revolutionaries say after this truce finishes they will go in unless the qaddafi loyalists give up the fight and they intend to push in from the east and west and meet in the center of the town and they say if the fighting continues they could intend to flatten it. and one more point, there was a demonstration outside the building i'm broadcasting from now a few minutes ago in which people were saying that the revolutionaries should continue their fight. they shouldn't stop the fight in sirte or in the other qaddafi stronghold because they want their men to come home as soon as possible. shannon? >> shannon: david piper with the latest from libya.

thank you, david. we are one day away from finding out whether accused murderer american amanda knox returns to an american jail cell or becomes a free woman. greg is live with the latest. >> by this time tomorrow night, we may well have a verdict. tomorrow morning there are a few things that happe amanda's defense lawyer speaks and then both amanda and her codefendant have the opportunity to address the court. it appears that they will. now, in terms of a verdict, it probably will not be simple. it hardly ever is in italy and there is several charges against both amanda and rafaeli. one of the top ones for amanda could beat could be the slander charge in the u.s. what would actually be obstruction of justice. her having accused a man she worked for, a bar own oar of the crime. now, the prosecutors say she accused him, knowing he was innocent. the appeal trial was wrapping up now after a long time. the trial has gone on for

nearly a year now. the prosecution asking for life sentences. the defense lawyers arguing there is not a shred of evidence linking amanda or rafaeli to the scene. there is so much at stake here. in one way amanda could go free and be on a plane in a couple of days home, perhaps on tuesday. another possibility, of course, is another extended stay at the prison where she has already spent four years and, of course, there could be some in between area, too. an italian sort, something in between where she is not totally exonerated but perhaps let go for the time served. and just to let you know, amanda clearly has a lot of american fans, a lot of americans pulling for her. the prison chaplain talked about what she did in the last days. went to mass saturday afternoon. also sang hymns during the mass as she likes to and i chaplain believes that she is innocent and should go home. shannon? >> shannon: very interesting. we will watch and wait for the division tomorrow.

greg burke, thank you very much. a poce chief in alabama is fiving first-time offenders a unique choice. jail or jesus. first, is time running out for a christian pastor facing execution in iran? ♪ a refrigerator has never been hacked. an online virus has never attacked a corkboard. ♪ give your customers the added feeling of security a printed statement or receipt provides... ...with mail. it's good for your business. ♪ and even better for your customers. ♪ for safe and secure ways to stay connected, visit usps.com/mail so i got my nephew i neto build a website., i hired someone to make my website... five months ago. we are building a website by ourselves. [ woman announcing ] there's an easier way. create your own small-business site...

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>> shannon: if you are a first time offender in one alabama town you have two choices. go to jail or go to jesus. one police chief's plan to clean up the streets. very intriguing, elizabeth. >> it is intriguing. the police chief michael roland along with residents in the small town in alabama created a program called operation restore our community or operation r.o.c. it was supposed to begin just a couple of days ago. what it is in theory is if you are an inmate, a nonviolent first time offender you can either go to jail and pay a fine or go to church for a year. church of your choice. here is the police chief and a local pastor on the program. take a listen. >> the longevity is the key. a 30 day drug program doesn't work. a 30 day alcohol program does not work. but long-term programs do work and we believe that is what will happen here. >> you show me somebody who falls in love with jesus and i will show you a person who won't be a problem to society

but that will be an influence and help to those around him. >> civil rights groups, specifically, the aclu say this is unconstitutional and it is now on hold because the state attorney general is taking a look at whether it is constitutional. the group says it violates the separation of church and state. the members sent a letter to the city asking that the program get halted immediately. and one lawyer who we spoke with with the aclu says if they do enact the program that they will be considering litigation. take a listen. >> we are deeply concerned about it. if religious liberty in the country means anything it means that the government can't compel you to attend church and that is exactly what is happening here because the city is saying to offenders either go to church to atone for your crime or go to jail. it is a false choice and the government is not allowed to coerce people. >> if the program is deemed legal it will go into effect october 11 but we will see during a hearing then at the city if it is legal.

back to you. >> shannon: i suspect a legal fight. all right, elizabeth, thank you very much. >> thank you. in a recent statement the white house come condemned the conviction and possible execution of an iranian official who refused to denounce his christian faith. here with me to discuss the case is jordan secula from the american center for law and justice. thank you so much for coming in. you have been involved in the case. give us an update. >> two major uptates. this is the first time that we haven't been able to confirm today that he is definitely alive. a lot stems from the new attention in the last 24 hours. lot of this broke on friday evening in the iranian news on saturday morning there. the new charges that he was never really on trial. first it was reported it was rape and then it was extortion and now it is being a zionist

and that is like being an israeli spy. you don't get a trial, it is tree son and you are executed. what we notice in the last 24 hours getting in communication with the attney, not happening. phone lines getting cut down. we know that the national regime now understands that this story is a big deal internationally and that is because we have been talking about it on t.v. and that is a good thing. but, this charge is definitely frightening. >> shannon: and you see a picture of the pastor there. his wife also in jail. they have two young children. this started with charges that he was trying to evangelize other muslims with the christian faith and the charges up until now as you mentioned have always been about him refusing to renounce his faith comes from my understanding from state media throwing in charges about rape and zionism and all of the other things. anything the u.s. can do to intervene and some will say we shouldn't. this is another country and we shouldn't get involved. >> we could speak up clearly.

secretary of state clinton didn't call on iran to release him. president obama hasn't made that statement yet. we could do more at the united nations. why is the united nations not doing any more. at aclj we think that is our next step this week if we confirm he is still alive. i'm hoping that is just a communications problem. we provided the documents on fox news. it is on fox news .com in the latest story. we translated the court trial for everybody to english. never once was there any other crime. and that is the only -- and then the last 24 hours zionism again for everyone just to understand is the worst possible charge you could receive in iran if that is what the leadership is sticking with his life is probably more in danger now than it has been at any other time this week. >> shannon: is there any other apeople? >> it is a secretive court system. a revolutionary court. his attorney who we were working with and we were able to contact as much as we needed to.

thinks he could get an appeal but it is not guaranteed. there is not a whole civil procedure like we have here. because of that everything is up in the air and in iran you don't have to issue any kind of written order to execute someone. you could issue the order the end of next week and he could be executed today or tomorrow. you don't wait for the paper work to know what is going on. it is the islamic republic of iran. not a good friend of the united states. this is an upstick what we are seeing now in the persecution of christian there's. he is 34 years old and has a 400 member church. >> shannon: we pray that you will keep us updated with what is going on with the case. we will keep folks out there updated as well and if you get word about how he is doing today. please let us know. >> people need to keep sharing it as well. that is very important. >> shannon: thanks so much. will moving up the gop primary dates help or hurt the candidates? that is later in the program.

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>> shannon: u.s. supreme court begins its new term tomorrow and looks like the justices will not be shying away from hot button issues. peter doocy with the top of the news. >> the court is expected to hear several high profile cases. they may end up deciding the constitutionality of president obama's healthcare law. protesters in new york maintaining their camp in manhattan's financial district even after more than 500 were arrested during a march on the brooklyn bridge. some accuse police of luring them on to the roadway but the police are denying that. car loads of libyans fleeing out of the besieged city of sirte.

sirte is one of the last cities to remain in loyalist hands. meanwhile, the international red cross says the city is suffering from a dangerous shortage of medical supplies. wedding bells for long time couple gene simmons and shannon tweed. after 28 years and two children together they finally tied the knot in beverly hills last night in front of 400 guests. those are the top stories right now. back to you. >> shannon: and i'm sure we will see it all play out with reality television. >> i would watch the man with the 7-inch tongue get married any day. >> shannon: one california company was awarded $130 million from the energy department back in 2009 to install more than a thousand electric car charging stations in metropolitan areas across the country. the problem is fewer than a hundred of those have been installed. the company says it is all about supply and demand. correspondent dan springer live from los angeles with that story. hi, dan. >> reporter: this is the government's so-called ev project.

what we have here is another stimulus program failing to get track objection primarily because electric vehicles are still a tough sell. the plan was to give eco tality 130000000 today's install public electric car charging stations. two years later they are behind schedule and missing deadlines. in oregon they were supposed to have 1200 stations installed and put up just 95 and all of those put up in just the last couple of months. critics say it is another scam of government failing at the job of picking winners and losers in the free market. >> if you hand out money and don't hold people accountable you shouldn't be surprise that the money disappears and things don't get done. there is not enough private skin in the game. >> envonmentalists say they should put the chargers all over the place to electric car drivers can get over the range anxiety and lead more people to

buy electric cars. the company defends itself saying they don't want the stations to go unused. right now there are just a few hundred nissan leaf vehicles on the road in oregon so there is very little need. the program was not aimed atgeting people to buy electric cars but rather to find out where and when electric car drivers charge up. >> we are stewards of the government's money in this project and we are pacing our salves with the installation of the public stations to be in a pretty good ratio with the actual number of vehicles coming out. >> now, in fairness, electric car sales have been hurt by the rough economy. they are still very pricey, even after a $7,500 federal tax rebate, they are still going to cost consumers over $30,000. also the tsunami in japan hurt production. believers are saying that once they start building the cars in the u.s. next year sales should go up. shannon?

>> shannon: dan springer with the latest from los angeles. thanks, dan. >> shannon: texas governor rick perry is raising some eyebrows on the campaign trail over his response to the drug war in mexico. during a campaign stop in new hampshire perry suggested that the best way to handle mexico's drug cartels may be a hands on approach. >> the way that we were able to stop the drug cartels in colombia was with a coordinated effort. it may require our military in mexico working in concert with them to kill these drug cartels and to keep them off of -- to destroy their networks. i don't know all the different scenarios that would be out there but i think it is very important for us to work with them to keep that country from failing. >> shannon: herman cain on sunday called it insulting and

plain incensetive that the family of rick perry leased a hunting cam windchill a racially charged name. the hunting camp leased by the texas governor was branded with the n word reportedly on a rock near the entrance. perry says his father painted over the offensive word in 1983 but others suggest it may not have before covered until later. one suggestion telling the post it was in 2008. he reiterated that his family merely rented some hunting rights to the ranch. political advisors to chris christie are looking into o how long it would take to mount a presidential campaign. he is not without his skeptic. here is what some of other gop candidates think about a potential cristie run. >> i think it will have the same effect as when rick perry

got in. the media will be in awe of him for two weeks. >> he has been the governor of new jersey for a year and a half and there are plenty of opportunities and races down the road for him if he wants to get involved in the race. >> he is a good governor. if he wants to come and play we would be glad to have him come. running for president is a little more complicated than being governor. >> florida officials announced the decision to move up the presidential primary to january 31 i 31 to be one of te first to hold the primary for the presidential election. what does it mean for the candidates. here with insights are penny lee and karen hammerty. welcome to you both. >> thank you. >> thank you. >> penny, let me start with you. what do you think it does for the candidates? florida, you know, was stuck in super tuesday. they are a very important state, you can't get to the white house without them. if candidates have to get there and win there.

what does it mean for their strategy and how they spend their time and money? >> always iowa and new hampshire and whoever has the momentum carrying it out after that and the other states fall into place. this is an interesting dynamic. iowa is much more conservative. new hampshire had -- the clear winner in iowa or not a clear winner but somebody running ahead of the polls it was bachmann and others. now, romney really does want to challenge, florida, and was establishing a new base. he has to retrigger resources, time, organization, all the factors come into play for all of the candidates. an interesting mix what is going to happen in florida. also says is nevada and other states going to go earlier. all about time, resources and who has the troops on the ground. >> shannon: we are hearing we will do whatever we have to do to keep your position up front. everybody is going to move this up to the first of january or the first week or so. karen, looking that the, what does this do to the rnc because

the republican national committee said if you move we will take half your delegates from the national convention. that doesn't seem to be dissuading the states who want to move. >> nevada said they would rather lose half their delegates and go earlier to have an impact. >> i think penny is exactly right. the timing of these primaries really does impact the campaigns and i think a lot of people are looking at this and they see the state parties are verying very selfish in how they are approaching this. this isn't about what is in the best of there the candidates running who have to organize the ground game and who have to raise money. florida is already a kingmaker. if you have momentum coming from iowa, new hampshire, you go to florida, florida is kind of the decider. but this is not -- >> they want more. >> they want more and nevada wants more. and it is just not really in the best interest of the campaigns and how they are

organized. >> shannon: i want to make sure we get both of your input so ask you for are sort of quick answers. we still have mitt romney on the top, rick perry. barreling into the top three we have herman cain. romney at 23 and perry ated is. you can see over time how these have blipped since august. cain coming in strong with 17%. what do you think is behind it and can he maintain the momentum? >> they are still trying to decide who they will marry at end of the day. romney hasn't really determined or the reporters -- or the republicans haven't determined whether or not they want him at the end so that is why you are starting to see all the people still pop up at end here and now and see whether or not they can actually challenge romney. he needs to do more to solidify the base. >> i think herman cain has been the biggest beneficiary of the michele bachmann implosion.

a clearly defined message. i would argue that he has a more clearly defined message than either romney or perry right now and i think that is appealing to people. when people hear the 999. he is a marketing guy. they get it and he is hammering and hammering and definitely resounding. we will see if it continues. >> shannon: karen and penny, thank you both for coming in today. coming up, hundreds arrested at angry protesters take on big business and wall street. of ♪

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[ gnome ] awwwwwwww. i just feel bloody awful. she told tiffany, stephanie, jenny and becky that she was coming to a place like this! but somebody didn't book with travelocity, with 24/7 customer pport to help move them to the pool daddy promised! look at me, i'm swimming! ♪ [ gnome ] somebody, get her a pony! [ female announcer ] the travelocity guarantee. if your booking's not right, we'll help make it right, right away. from the price to the room to the trip you'll never roam alone. >> shannon: hundreds of protester tion camped out in new york's financial district demonstrating against corporate greed say they are not done yet. >> they orchestrated an

impromptu trek to brooklyn. some spilled on to the roadway after being told to stay on the pedestrian pathway by police. listen. >> ladies and gentlemen, i we order your arrest for disorderly conduct. >> those who didn't comply, a total of 700 people arrested for disorderly conduct and released. some protesters say they were lured on to the roadway by police. others yelled at police from a walkway above. police say no one was tricked into being arrested and those in the back of the group who couldn't hear the announcement were allowed to leave. the demonstrators meantime have been camped out in the financial district for two weeks now holding signs and protests of everything from corporate greed and social inequality to global warming. it had been peaceful until clashes is with police began yesterday after they swarmed the brooklyn bridge and shut down a lane of traffic for several hours. in other parts of the country

protesters also gathering. in albuquerque, new mexico, boston, dallas, los angeles. though the demands remain unclear at this point. turnout has reached as high as a few thousand people in some places. back here in new york city a core group of 200 people remained camped out throughout the week, sleeping on air mattresses and on their lap stop tops playing drums a few times a day, marching down to wall street yelling this is what democracy looks like. >> markets have entered their worse quarter since twice. what are the winners and losers? brenda buttner is here to break it all down for us. hello, brenda. >> hey, shannon. it was not a september to remember. as for the quarter, we could just forget it all together. the bulls sure would like to. the dow down 12% in the last three months. its worse percentage decline since the first part of 2009.

blue chips not alone. all of the three major indexes down more than 10%. in fact, add them up, u.s. stocks, crude oil, emerging market currencies all having their worst quarters since the crisis days when lehman brothers fell apart in 2008. worst of all, financial stocks hardest hit. many banks falling 25% or more. in the dow, worse stock, bank of america, falling 44%. as one analyst said you could buy a starbucks latte for the price of a share. not all was bad. what about the best performers? among the blue chips, fast food not quite supersized but mcdonald's up 4%. there werent many with plus signs, though. 27 of the 30 companies in the dow fell this quarter. besides mickey ds only ibm and coca-cola gained. some investments racked up real

returns. so called defensive sectors such as utilities and consumer staples outperformed the rest of the stock market and the two hiding places that made sense and didn't lose money last quarter, cash and high quality bonds especially u.s. government debt. so actually putting your money in the mattress is okay this time. and even gold always shining of late rallying from $1,500 an ounce at the beginning of the quarter to 1900 bucks to a selloff to about $1,600 an ounce at the end. one thing sure to continue, volatility. ureurope's debt mass is still just that. earnings rollout the beginning of the month. the big number next week unemployment for september released friday. not many hope for a number high enough to make october which can often be a tough month for wall street one that the bulls will want to keep in mind. shannon? >> brenda buttner with the latest.

thank you, brenda. >> shannon: a texas teen in big trouble for making a comment about christianity and homosexuality. now, the teacher who punished him has been suspended. we will talk to that studentesl and his lawyer about the case, next. 165 wendy's restaurants. and i get my financing from ge capital. but i also get stuff that goes way beyond banking. we not only lend people money, we help them save it. [ junior ] ge engineers found ways to cut my energy use. [ cheryl ] more efficient lighting helps junior stay open later... [ junior ] and serve more customers. so you're not just getting financial capital... [ cheryl ] you're also getting human capital. not just money. knowledge. [ junior ] ge capital. they're not just bankers... we're builders. [ junior ] ...and they've helped build my business.

a 14-year-old student from the dallas/ft. worth area was reprimanded for comments he made to another student about his christian faith and the topic of homosexuality. the teacher is now on leave. here to talk about it is the dakota and his attorney and if's mom is along as well. thanks for joining us. >> thanks for having us. >> this was in a german class there was some discussion of religion but dakota how did the issue of homosexuality come up? >> i walked in the class for about 15-20 minutes into class and we had started talking about how sta say christian in germany and someone in the back of the classroom asked what the views are homosexuals are in germany. so i turned around to my friend because i didn't like talking about the topic and said hall

of fame' a christian and i think that being homosexual is wrong. >> and matt, that one statement got him into a lot of trouble because what i understand from the other teacher said he wrote him up, he said it could be bullying and he sent them to the principal and at one point dakota was facing suspension. >> he was given in school suspension for the rest of the day and then faced with another two days of out of school suspension for a nonhostile belief statement. >> shannon: i understand that you reached out to the school. someone with liberty wrote a letter concerned about the fact that a student could express his own personal beliefs and get charged with bullying. >> liberty council stepped in to inform the administrators that just because you walk on school house steps you do not shed your first amendment rights. we wanted to be there for him so he could speak freely. >> what happened with the teacher in the case?

>> the teacher has been on administrative leave, paid administrative leave. from what we understand he will be back in the classroom on monday and dakota will be in his class room on monday. >> when you heard about the initial situation that your son had gotten suspended for making the statement that he did. what was your reaction and how do you you feel about him going back into the classroom? >> my initial reaction since dakota had told me about the picture that was on the wall about a week prior to him being taken out of the class that the teacher put a picture on the wall of two men kissing and it made him feel uncomfortable and two kids in the class had torn it down. i told him to leave it alone at that time, don't say anything more. when they called me and saying he was taken out of class, i asked h him is this the same teacher with the picture in the classroom and he said, yes. i knew that something was not right. as far as him going back into

that class, i would hope that -- i have raised dakota to really respect his elders and respect h his teacher regardless of what their beliefs or not beliefs are outside of school as long as the teacher is going to remain to keep his class on topic. >> and matt, i want to ask you another question here because there are lot of folks who say listen, youngsters in school who have come out as gay or are struggling or cfused about where they are at this point in life they are teenagers when you make a statement about homosexuality and being wrong this teacher classified it as bullying and how do you respond because there is an epidemic with a lot of kids coming forward saying i'm being bullied because i'm gay. >> no one should be bullied or harassed for lifestyle that they choose or, however, they act. we don't con doan that. what you have with dakota was not even in that realm. he was saying a personal belief in the most nonhostile way he

could. i believe homosexuality is wrong and it is based on my faith. the person could have said i believe same-sex marriage is wonderful and i'm a christian as well. there is a big line before expressing your first amendment free speech and bullying. that cota was expressing what he -- he was expressing what he thought, not bullying in any sense. >> an interesting case. we thank you all for sharing it with us and we hope you will keep us update. >> we will do it. thanks, shannon. >> after the break. a unique dog show with an i'm so ugly i'm cute category. can't wait to see it. plus, why did the sea lion cross the road? and no, it is not a joke. we'll explain, right after this. so who ordered the cereal that can help lower olesterol and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol.

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>> shannon: a wayward sea lion made its way across 8 lanes of traffic and a concrete median on the busy 101 freeway in northern california saturday. he has been dubbed broadway bound after the name of the exit where he was found and miraculously the only injury he seems to have a fatigue. one possible explanation for journey is disorientation from eating fish sixened by a toxic agae bloom. he will be just fine. the i'm so ugly i'm so cute contest. the texas edition is model after the famous westminster talk show held each year in new york. the real goal of the mutt minister is to raise money to help lucky pooches find good

homes. they are all adorable. we love hearing from you. we have been asking you, do you think the supreme court could rule the healthcare law unconstitutional. several weighed in. we only have time for a couple. kathy writes "obama care should be unconstitutional." and heath says "any one who says they can call this is a fool. we have a 4-4 court with kennedy h who will wet his finger and put it in the wind ." i'm sure justice kennedy would take hombang with that. "fox news sunday" is up next. you will not want to miss chris' interview with herman cain. he will talk about his steady rise in the polls and another win. i'm shannon bream. thanks for joining us on fox news where more news is always captioned by closed captioning services, inc. >> chris: i'm chris wallace. the