>> brian: and get her book. we'll put that up. >> steve: the book is called "prague winner, a personal story of remembrance and war." we'll see you back here tomorrow alert. good morning, everybody. midweek. immigration at the u.s. supreme court. arguments begin later this hour that will ultimately decide if states have the power to their own laws to arrest illegals. a lot on the line when you consider an election year. off we go. i'm bill hemmer. martha: yes you are. good morning, bill hemmer. i'm martha maccallum. so on the docket today, finally that moment is here, sb 1070. sb 1070 is the law and it is considered one of the toughest in the nation. so the justices will now referee this clash between the obama administration and the state of arizona. bill: shannon bream on the steps outside the courthouse. shan noon, good morning to

you. how do the opponents of the law plan to convince the just is that -- justices that can not stand? >> reporter: you might hear dozens of protesters chanting for and against the law. those that oppose the law, a case of states going too far. the feds basically preempt, this is their area, their authority to regulate immigration. i talked to celia wong, from aclu. she says this is a issue of public policy. this is about legalizing racial discrimination. here is what she told us. >> the law is going to cause significant civil rights problems throughout arizona and other laws that will consider similar legislation. regardless of the supreme court outcome. which, is just about the issue of whether the state laws go outside the boundaries of state power and interfere with the federal government's control over immigration matters. >> reporter: bill, there are four different provisions of the law at issue here today.

bill: the supporters of the law, how do they respond to that claim, shannon? >> reporter: folks in arizona say it is absolute necessity. in their opinion the federal government has not done the their job of enforcing the immigration law. by the department of homeland security there are 360,000 illegal immigrants in arizona. we talked to cochise county, larry deaver about it. he says he needs the law to help enforce the law. issues of racial profiling will not be tolerated. here is what he had to say. >> that is interesting the department of justice did not argue that in their presentation. this whole racial profiling concept they didn't touch because they understand this is the only law in arizona on the books that prohibits racial profiling. it actually goes into great details and defines what the areas of reasonable suspicion and probable cause are as constraints for enforcing the law. >> reporter: by the way, brand new "fox news poll" shows 6 a 5% of those surveyed say they support the law like the one in

arizona. 31% oppose it. 4% are not sure. nine justices are only ones that matter. there are only eight. justice kagan recused herself. we'll see how the vote turns out. bill: busy day. long day for you, shannon. shannon bream at the supreme court. martha. martha: as we mentioned senate democrats are already preparing a backup plan. if this ruling does not go their way then the senate judiciary committee had a hearing yesterday about this. they say that something that the republicans are calling basically a political stunt with regard to this whole thing. the author of the bill. russell pares testified why he believes it was necessary. an opponent called it code for racial profiling. >> i would propose if mr. pearce or myself were walking down the street and you asked law enforcement to pick out the person who they suspect would be here undocumented, they're not going to be pointing at mr. pearce. they're going to be pointing

at me. >> illegal is a crime, not a race. it doesn't pick out any nationality. just so happens, 90% of those who violate our immigration laws come across that southern border are hispanics. martha: fired up debate. continues today. in the court, if the supreme court does uphold 1070, new york democrat charles schumer has vowed that he will sponsor a law that would then nullify it. bill: closer look now at the illegal immigrants in the u.s. by the numbers there are roughly 11 1/2 million illegals living in the country right now. for every illegal arrested at the border, another 2.7 make it into the u.s. undetected. arizona has the 9th largest population of illegal immigrants according to the department of homeland security. four minutes now. martha: all right. back to presidential politics now. it was a clean sweep last night for mitt romney, eliminating really any doubt who the republican nominee will be. he won big in connecticut, rhode island, delaware,

pennsylvania and new york. big population states. a lot of delegates at stake in the even last night. he spoke in new hampshire. the former massachusetts governor shifted from the primary fight which has been long and hard-fought right to the general election. here is some of last night. >> i can say with confidence and gratitude that you have given me a great honor and solemn responsibility and together we are going to win on november 6. [cheers and applause] martha: a very fired up mitt romney last night. he also urged americans who are struggling with the tough economy to quote, hold on a little bit longer. is what he said. there he is with his wife ann last night. big night for them. peter doocy joins us live from washington. what more can you tell us about romney's message last night? >> reporter: romney said after 43 primaries and caucuses last night he finally accepted the

responsibility that comes alongwith being the frontrunner. this fast for wad the remaining primaries and on to november 6th. >> tonight is the start of a new campaign to unite every american who knows in their heart we can do better the last few years have been the best that barack obama can do but it is not the best america can do. >> reporter: and the only surrogate to back him up in new hampshire was his wife, ann romney. the former governor predicted the obama campaign will try to divert, distract and distort. he made clear the main issue in the election will be economy. romney campaign wants to make sure voters continue to hear everything he had to say. they shot remarks in camera that is four times the resolution of and use the footage in election ads. martha: all very jubilant surrounding the romney campaign. not so much in the gingrich

camp. he came out and spoke. what kind of indication what he is thinking right now, peter? >> reporter: we're just hearing about this the former speaker said he will spend the rest of the week campaigning as a citizen and details about his transition are coming soon. but yesterday this is what he told reporters. >> over the next few days we'll look realistically where we're at. i want you to know we'll be here through the week but we are going to think carefully how we can be the most helpful to this country. and how we make sure one, that barack obama is one-term president, period. >> reporter: we didn't hearing anything from congressman paul last night but we did get word former senator santorum who has yet to endorse will meet with governor romney on the may the 4th. former governor romney. martha: change in tone and language coming from them. what a process this has been. thank you very much, peter doocy from washington. in his victory speech, romney posed a question to

his supporters, how is life under president obama in office? >> what do we have to show for 3 1/2 years under president obama? is it easier to make ends meet? know!. >> is it easier to sell your home or buy a new one? >> know!. >> have you saved enough for retirement? >> no!. >> are you making more at your job? >> no!. >> can you have a better chance to --. martha: ronald reagan asked during the 1980 campaign, basically are you better off now than you were four years ago. will mitt romney have the same success with that kind of a theme? who better to ask, ed rollins integral part of reagan campaign. bill: he will be here soon. news about the economy. $15 billion in bailout money possibly gone for good? a new report challenging the government's positive assessment of the bank rescue in 2008. "wall street journal" reporting that hundreds of small banks can not afford

to repay billions of dollars in taxpayer-funded loans. stuart varney, ainge sore of "varney & company", fox business network. what is the news here, stuart? >> the author of the bailout that it is misconception that the whole program made a profit. not so says christine romero. when all said and done, she says the total loss will be $60 billion. now as you mentioned, bill, we're focusing on those 350 small community banks. they don't have the money to repay these bailout loans so they can't repay and that's another reason why it is very difficult for small businesses to get loans right down there at the local level. bill: see these banks have assets less than a billion dollars. that's why they're considered small. this estimate says these banks need about $90 billion in fresh capital in order to pull them out of the hole. wow! also got some fresh economic numbers out. what is happening on that, stuart? >> this is very bad news. numbers on durable goods. don't get bogged down in

technicalities. durable goods are big-ticket items consumers buy, appliances machinery, business equipment, hobby material. it is a broad indicator of a cross-section of the economy. that decline of 4.2% is a real big surprise. it means it's more proof in fact, more confirmation that the u.s. economy is now headed south. think of it, bill. we have had bad news the past 10 days on jobs, housing and income. now on the durable goods. the economy appears to have turned now heading south. bill: durable good again consists of? >> all kinds of consumers items. appliances dishwashers, washing machines, that kind of things. photographic equipment, computers if used in business. bill: despite what apple is doing and despite what boeing is doing with these airliners? >> yes. you're talking profitability. when you're looking at apple, they made what, $11 billion profit in 13 weeks. they sold 35 million iphones,

11 million ipads. they're doing very, very well. if you come down several notches to the ground floor economy, not doing well, these kind of -- washing machines. they're just not selling, bill. bill: understood. see you five minutes on fbn. stuart varney with us. martha, what is coming up next. martha: a lot is coming up. those are a few of the stories. we have a lot more. how about this one? she was an outspoken supporter of government sons spord contraception. still is. rush limbaugh is saying the white house is coordinating with sandra fluke on another issue. >> look here. what a coincidence. barack obama just warned the students of university of north carolina that interest rates on federal student loans will double if congress doesn't act by july 1st. martha: he doesn't think that is a coincidence. we'll talk about that. fallout from the comments. bill: why police say all these years later, little madelyn could still be alive.

martha: how about this? yet another plane has been forced to an emergency landing after a bird strike. >> the plane started swerving immediately right after the two hits. so he is rocking the plane back and forth. we knew something was going on.al ettlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

ah, welcome to hotels.com. i get it...guys weekend. yeah! if you're looking for a place to get together, you came to the right place. because here at hotels.com, we're only about hotels. yeah! yeah! noooo. yeah! finding you the perfect place is all we do. welcome to hotels.com

martha: this little girl's disappearance caught the attention of the whole world and now five years later police are saying that they believe there's a chance that madelyn mccann may still be alive. they have released, look at that picture. that is what they think she would look like now. she is eight years old and the lead detective in the case now says this is quote, the best opportunity yet that they have to try to find her by releasing this image that people can see it and maybe they will pot spot a little girl who looks more like the girl on the right. madelyn vanished while on a family vacation in portugal

in 2007. bill: we're now getting a better look how hospitals will be affected by obamacare. well over half say their revenues will shrink and that could affect the employees and ultimately the patients. dr. marc siegel is a member of the fox news medical a-team and professor of medicine at ynu's langone medical center. doctor, good morning to you. >> good morning, bill. bill: who did the study and what did they conclude. >> it is a couple of organizations, high roads in detroit and cotter and sullivan associates. they looked at 107 different hospitals. these are big hospitals, bill. they found the vast majority of them saying our fees will get cut. we'll not make as much money as we thought we would make. this is really surprising when you consider the american hospitalization and federation of american hospitals, the two biggest organizations in the country, backed obamacare. they sat down at the table and they agreed to $155 billion worth of cuts thinking they were going to make it up in volume.

which i never believed, bill. they can't make it up in volume. the volume comes in but the payments get cut. bill: how does this ultimately affect the patient? how does this affect folks at home? >> that is the billion dollar question and the way this affects the patients that you have overcrowding in emergency rooms. you have 16 million more medicaid patients come in. the states are going to cut the hospitals when it comes to medicaid. hospitals have traditionally tried to make that up with private insurances payments. you have more and more regulations under obamacare. now you have the accountable care organizations are saying to hospitals you better prove you have got quality of care here, otherwise we're not even going to pay you. so the hospitals will start closing more and more. only big hospitals will be able to stay open. only university medical centers for sure are going to be to stay open. bill: how does it affect you as doctor? >> i thought you were going to say how it affects the patient. because they have less and less places to go for care. it affects me as a doctor,

i'm under pressure to see more and more patients if there are less and less facilities available. not just hospital reimbursements getting cutting. also physicians may then say i will go work for a hospital but the hospital may pay them less. i have always thought the idea of cutting fees to the people providing the services is the worst possible way to insure quality of care. bill: well, did anyone see this other than you? >> i think a lot of people saw this who were opponents of obamacare to begin with but to be totally fair i think it is a lot worse than people envisioned. bill: really? >> because the cost of the law has ended up being much more, three times what anybody envisioned and i think hospitals real did to some extent they would make it up in volume. because they said, look, there are so many uninsured coming in a door. if you give them a medicaid card we'll get at least something for that. as time goes on they see states rebelling. they see medicaid reimbursements getting cut

and private insurers cutting down. as reality hits more and more they wake up to it. the same people that reluctantly backed obamacare are now saying this is not for us. bill: you respect the people who did this study? >> completely. two top organizations. the one from boston. the other from detroit. both are involved in health care analysis. their are top, top firms. they looked at big hospitals with 3,000 to 9,000 employees. bill: great to see you, dr. . go to foxnews.com /americasnewsroom. there is bya box you can leave a question for siegel or anybody on the medical a-team. or shoot me an e-mail. @fox news.com because you asked. we worked through this law. about this high still today. martha: so the search for this little girl in arizona has been ongoing has now taken a new turn. who the police are now turning their attention to and what it may mean for the search for little isabel. bill: john edwards' trial

underway in a few moments in north carolina. it's been hot already. today his defense lawyers get their first shot at the key witness's former close friend who has testified against his former boss. we're live outside the courthouse in a matter of moments on "america's newsroom."

bill: met at that time world peace, that is his name. finding out punishment for the vicious hit during a game. did you see this? that was brutal. i mean, watch that left elbow. >> oh. bill: man. martha: can you believe that? bill: hit him in the jaw. nba suspended. meta world peace for seven games, no pay.

previously he was known as ron artest. the lakers will not have him first couple games of the playoff. the player that got hit, had a concussion. he sent out the tweet. i'm solid. feeling good. appreciate y'all for checking on me. end quote. no peace there, huh? martha: so there's been some damaging testimony in the trial of former presidential candidate john edwards. he is charged with a felony. accused of using donor money to cover up an affair and a love child with his mistress. this is messy, folks. jonathan serrie life live in greensboro, north carolina. jonathan, good morning. >> reporter: we're also awaiting testimony from that former campaign aide, andrew young. he is the prosecution's key witness and said that john edwards reacted with skepticism when he first learned his mistress, rielle hunter was pregnant. according to young, quote, he said she was a crazy

expletive and there was a one in three chance it was his child. young said elizabeth edwards found out about the affair when she answered her sleeping husband's phone without saying anything. he says that hunter started talking on the other end thinking that she was speaking with her lover. apparently mrs. edwards got an earful during that phone call. martha? martha: boy, that must have been something. what a tragedy for this whole family and this situation. so what did andrew young say about the efforts to then conceal this affair? >> reporter: quite a bit. he spoke about this so-called, bat phone. how he acquired this additional cell phone, once elizabeth edwards became suspicious and started checking up on her husband's cell phone call log, this additional phone that young acquired was something that he could leave for edwards to pick up when ever he was traveling on business out of the state to maintain his secret conversations with hunter. he also went into great detail about some of the luxury accomodations that

were provided to keep hunter in hiding. but in order to win this trial, prosecutors have to convince jurors that nearly one million dollars used to hide edwards' pregnant mistress was not just to prevent his wife from finding out about the affair but to help his presidential campaign. >> it is true it doesn't impact elements the government has to prove. that said the government has to convince the jury to be mad enough of john edwards to name him as a criminal. to do that they need salacious details like this? >> reporter: later today it is expects that the defense will get its first opportunity to cross-examine, andrew young, martha. martha: we'll talk about this some more. we have a great panel coming up on that. jonathan, thank you. bill: some of the voice mail we heard in court. really take you inside what was going on with this relationship. yet another plane forced into an emergency landing because of a bird strike. we'll have details.

we'll share that in a matter of moments. also this. >> battle over illegal immigration hits the supreme court today. can states decide how to police this problem for themselves? that is the big question at scotus. we'll be back with more. this is delicious okay... is this where we're at now? we just eat whatever tastes good? like these sweet honey clusters... actually there's a half a day's worth of fiber in every ... why stop at cereal? bring on the pork chops and the hot fudge. fantastic. are you done sweetie? yea [ male announcer ] fiber one. are you done sweetie? yea let's start with car insurance x. this one does save people a lot of money and it's very affordable.

it was very delicious. could you please taste car insurance y? this one is much more expensive. ugh. it's really bad. let's see what you picked. oh, geico! over their competitor. you are a magician right? no., oh. you're not?, no., oh, well, give it a shot. i am so, so sorry. it was this close. yeah, but the feeling wasn't always mutual. i should be arrested for crimes against potted plant-kind. we're armed, and inexperienced. people call me an over-waterer. [ female announcer ] with miracle-gro, you don't have to a great gardener to have a green thumb. every miracle-gro product helps your garden grow bigger, more beautiful flowers and bountiful vegetables. guaranteed. so even if... i have all these tools, and i have no idea how to use them. [ female announcer ] everyone grows with miracle-gro.

bill: want to make you a you

aware of a fox news alert right now. there is a senate committee on the hill set to grill janet napolitano in the secret service prostitution matter. even more agent were dismissed late yesterday after an agent argued with a prostitute at a hotel in colombia, days before president obama's arrival at a summit. some senators want to know if white house personnel were involved. we bring you highlights from that and any headlines that come out of it. martha: now arguments over arizona's controversial immigration law set to get underway in the supreme court. as democratic lawmakers holding hearings on another way they could go through to block the law if things don't go their way in the supreme court. republicans are calling that move political theater. here is arizona senator jon kyl. >> the timing of the hearing on the eve of the supreme court argument and the fact that the chairman of the committee did not consult with any of us, did not consult with either senator mccain or me for example, about this arizona law, about what witnesses he

would ask from arizona for example, suggested to us this was either an attempt to influence the court decision which would be improper, or simply to create a political sideshow. martha: interesting. so, joined now by arizona republican david schweikert. he is outside the supreme court right now on this really important morning in this case. he is on the house financial services committee. good morning, congressman. good to have you here. >> good morning. martha: what is your reaction to what jon kyl had to say? what do i think about the proposal by charles schumer in new york to come up with a backup plan in case things don't go their way in the supreme court? >> you just heard it and the senator nailed it. a lot of this, and a lot of discussion about sb 1070 from our home state, arizona, has been absolutely political theater. has almost nothing to do with the facts of the law, the protections that were built into the law. it is political groups, particularly on the left, who have used it as a wedge issue to try to excite their base. martha: when you look at the

composition of the court, and elena kagan recused herself from this because of the work she did as solicitor from the white house. so the decision could potentially go 4-4 which would default to the lower court decisions and go against your position. how do you think it looks for your side? >> you know, i have given up guessing what the supreme court is going to do but if you give a fair reading to the law itself, to the constitution, they have to uphold arizona's law. the state's ability to defend itself and actually, just, execute what the federal law says they're supposed to be doing. and this is for anyone that is viewing this. go on the web and take a look at the simple language of 1070 and you will find out much of the rhetoric has nothing to do with what the bill actually does. >> i'm interested what you think, marco rubio has come up with a plan that would allow some illegals a path to a visa. and this is something that there has been a lot of

folks supporting mitt romney to get behind as well. is that a plan that you could get behind? -- issues of immigration in the country? >> i have only heard bits and pieces what the senator has had in discussion. ultimately, first the supreme court ruling today, when we finally hear what their final decision is, because they held up our employers sanction law this arizona, defending states rights then we might take a step backwards and say do we have to figure out what policies of the country, how we protect our border, protect our citizens and deal with these massive costs from the ineptness here in washington that gets pushed back on the states. martha: we are going to see once again, mr. clement, versus mr. verili representing the white house. he did not have a great day when he oversaw the health care supreme court question that was up a couple weeks ago. you know, how, what do you expect the dynamic of this to be in there today?

>> a great way to phrase it. look, i hope he will have another bad day because when you're on the wrong side of history, when you're on the wrong side of the law, when you're on the wrong side of the constitution i think he will have another bad day. martha: what happens if it doesn't go your way? this is the end. line pretty much? >> it is but, there's always another opportunity and maybe it's time for those of us here in congress to step up and finally start doing the job washington has failed to do which is protecting the american citizens, protecting the border and doing what is rational. i used to be the county treasurer in maricopa county. i saw the incredible cost shifting that hit voters, citizens of my community because of the ineptness of washington, d.c.. martha: we will see. it's amazing really when you look at this backdrop. immigration and health care, huge issues that the supreme court is deciding in this election year. it will be fascinating to watch. representative schweikert, good to have you with us this morning. we'll see how it goes.

thank you, sir. bill: how about this, martha? bipartisanship in the u.s. senate. democrats and republicans are in favor of preventing student loan interest rates from doubling in july. senate democrats unveiled a nearly $6 billion plan late yesterday and president obama is pushing it heavily the past couple days but the big sticking point is how you pay for it. democrats want to make privately held companies pay more in payroll taxes. republicans are against that idea. we'll see which way they figure it out soon. martha: president obama is so in favor of keeping student loan rates down that he took his message to late night last night. on the news with jimmy fallon. >> what we said is simple. now is not the time to make school more expensive for our young people. [cheers and applause] ♪ . >> oh, yes. [laughter] you should listen to the president. or as i like to call him.

the prizzy of the united stzy. martha: president made a visit to the university of north carolina at chapel hill andresed secret service scandal, calling the agent involved, quote a bunch of knuckleheads. that they were gone and they were knuckleheads and grateful for the protection they gave he and his family. bill: how about the risk-taking there with the slow news jam, what do you think? martha: i don't know if they pulled it off that successfully. it has gotten a lot of positive response this morning. i have thought it was okay. i thought it could have been funnier. bill: do a redo on the slow news jam. martha: maybe you could do it. bill: knuckleheads have got to go. that's right. check out the markets right now, we saw an absolute blowout number from apple late in the day yesterday of the so we'll see some reaction right now, up 66 points. you're well above 13,000 for

the dow 30. watch the markets throughout the day as more economic numbers come in shortly. martha: great statistics on apple. bill: tell you what. they have just taken over the joint. we'll see how much longer it can go. right now it is firm and solid and big, big, big. martha: how about the tsa? they have some explaining to do about this one for some questionable treatment of a 4-year-old little girl. what they did, you're not going to believe this. that is just ahead. bill: also mitt romney channeling ronald reagan. the message he is trying to bring to the general election. listen. >> the dreamers can dream a little bigger. the help-wanted signs can be dusted off and we can start again and this time we'll get it right. [cheers and applause] i love cash back.

withhe bankamericard cash rewards credit card, we earn more cash back for the things we buy most. 1% ca back everywhere, every time. 2% on grocers. 3% on gas. automacally. no hoops to jump through. no annual e. that's 1% back on... wow! 2% on my homemade lasagn 3% back on [ friends ] road trip!!!!!!!!!!!! [ male announcer ] get 1-2-3 percent cash back. apply online or at a bank of america near you. ♪

changedply online or at my life.aids america near you. i feel so much younger. my husband was able to hear little things again, like the laughter of our grandkids. it's amazing. i can have fun with my friends again. ready to reconnect with your friends and family? the aarp hearing care program provided by

hearusa can help you get back to living life. call hearusa... your satisfaction is 100% guaranteed. aarp members enjoy exclusive discounts on a wide range of digital hearing aids for crisp, natural sound even in crowded environments, with a 90-day risk free trial from providers you can trust. i'm enjoying my freedom again. even conversations in noisy restaurants are easy. not an aarp member? join today. and then take advantage of the aarp hearing care program provided by hearusa. call hearusa ... and reconnect with your world today. >> mitt romney invoking themes from president ronald reagan last night, asking americans about how they are

doing now compared to only a few short years ago. >> four years ago barack obama dazzled us in front of greek columns with sweeping promises of hope and change but after we came down-to-earth, after all the celebration and the parades, what do we have to show for 3 1/2 years of president obama? [shouting] >> is it easier to make ends meet? >> no!. >> is it easier to sell your home orfy a new one? >> no!. >> have you saved or what you needed for retirement? >> no. >> are you making more at your job? >> do you have a better cans to get a better job? >> no. >> are you paying less at the pump? >> no. >> you know if the answer were yes to those questions, then president obama would be running for re-election based on his record and rightly so. but because he has failed, he will run a campaign of diversions, and distractions and distortions. that kind of campaign may

have worked in another place and at a different time but not here. and not now. it's still about the economy, and we're not stupid. [cheers and applause] bill: hear is the speech romney mentioned at the beginning of that statement then illinois senator accepting the democratic nomination in 2008 in denver promising change americans can believe in. ed rollins is former national campaign director for the reagan team in 1984. he served as chairman of mike huckabee's campaign for president four years ago. he is fox news contributor and we're lucky to have him. good morning to you. >> good morning. >> the tone last night and the way americans and viewers looked at mitt romney changed entirely. >> it was an excellent speech. bill: just watching it now you know that this guy has a 50/50 shot at being the next president of the united states. and in that theme you start to listen what he will start pushing in terms of his campaign. was the strategy smart last night to invoke reagan?

it absolutely is smart. been 32 years since that campaign. he talks about reagan in 1980 but the situation was very similar. you had a president who failed and failed miserably. this president is a nice man. i think a lot of people like him. so you can't attack him personally but you certainly can attack his policies and certainly can basically point out the facts that he is not lived up to the expectations that he set himself. bill: that was one theme. here's another from mitt romney last night. listen. >> tonight the start of a new campaign to unite every american who knows in their heart that we can do better. the last few years have been the best that barack obama can do. but it's not the best america can do. [booing]. the tonight is the beginning of end of the disappointments of the obama years. bill: was that effective? >> that was very effective. he draws a contrast. this is a president who wants to use government to basically do away with all the i wills ofdills society.

romney want to get the economy moving again. create freedoms for small business people and bring them back to the workforce. create jobs for all americans and give us hope and a new path. bill: another line. everywhere i go, americans are tired being tired. many of those fortunate enough to have a job are working harder for less. he was in new hampshire last night. he was in pennsylvania earlier in the week. i think he will be in ohio on friday. all three critical battleground states as you know. all three show barack obama with a lead over mitt romney. how does he change that? >> he needs all three of those. he needs to be up there campaigning effectively. he won new hampshire in the republican primary. one of his second home states. i think he will do very well there. ohio is a key state. a big industrial state. republicans don't win without ohio. the five states he won yesterday, only one in play is pennsylvania where we have done great things. we have a great republican governor there, tom corbett. we won the legislature

there. think we have excellent opportunity winning that state. bill: he talked about the economy. this goes to carville in 1992 with bill clinton. it is still about the economy and we're not stupid. he used that a couple times again last night. >> i think it is a good line. it is what people want to talk about. it is what people are concerned about. we still have very, very high unemployment. we have not only a lot of unemployment we have a lot of underemployed people. he wants to basically show you a path where we can get america working again. that is the basic theme. bill: we have the etch-a-sketch comment came out a month ago. do you see things changing significantly or marginally as romney now moves towards clinching that nomination, possibly, in tampa at the convention in late august? and, as that campaign moves toward that moment, and that speech that night in tampa, florida, how does he go after the independents? you know in these battleground states they will decide

whether or not barack obama gets four more years. >> there is no question. the game now becomes on the republican side romney's game. he doesn't have to worry about santorum or gingrich or anybody else. he gets to take control of the republican national committee. he grins to start building structures in the states. the con strengs becomes his convention. he wants to run on and his people running it. my sense he will have the message we can do it, we can turn this thing back around and get going. government can't do it. we have to do it from ourselves. bill: from personality standpoint some would criticize mitt romney not being as natural as he should be. >> that is what he is. bill: do you get that sense from him or, you know can he you change a person as you worked on campaigns in the past? or do you accept it? >> what you do, you stress, you can't make anybody a phoney. he is not ronald reagan. he will never be ronald reagan. he is not barack obama but he has had a very serious life and he has done very serious things. that is the best speech i heard him give. i watched him now for six years. he is more relaxed now. he doesn't have to worry

about getting beat up from the right or any of the rest of it. he can basically lay out his vision of what the country is and be comfortable in his own space. bill: thank you, ed. see you soon. wait on santorum and gingrich news very soon. ed rollins in washington. >> thank you. martha: in fact we have gingrich news right now. just crossing, carl cameron putting this into our urgent file moments ago. the word is senior gingrich aides say he will wrap things up by tuesday, one week from today. that they are reassessing that they have been discussing basically, making final preparations for several weeks according to carl cameron's account here. also it says that he will more than likely endorse romney when he suspend his campaign in a week's time next tuesday. they say that the delaware defeat last night was really the final event and that through the course of this week he will spend time in north carolina basically on a good-bye tour of sorts. at least good-bye to this particular part of his political career and this campaign as he waits for

family and friends to gather before they make that announcement. not all that unexpected. bill: probably right. martha: at this stage of the game and there have been indications coming from his daughter the last 24 hours this was the direction all of this was headed in but now it seems to be a bit more concrete in terms of timing. we'll have more on that. bill: it was clear his campaign was taking on water in terms of debt growing higher and higher. you have to resolve that. whether or not you can strike a deal with rnc or mitt romney --. martha: and beginning of those discussions may be underway. more on that to come. in the meantime she was the student who was called to capitol hill to weigh in on government-mandated contraception insurance and she caused quite a flurry when she did that. rush limbaugh claims that sandra fluke is coordinating with the white house on another issue. bill: also another bird strike, forcing an emergency landing. where is sully when you need him? martha: where is he? bill: we'll find out next. [ male announcer ] if you want a luxury car with a standard power moon roof,

standard keyless access, and standard leather-trimmed seats, then your choice is obvious. the lexus es. it's complete luxury in a class full of compromises. see your lexus dealer.

martha: we've got a fox news alert and breaking news from the campaign trail with regard to the future of newt gingrich. let's bring in chief political correspondent carl cameron. he joins me now on the phone. good morning, carl. >> reporter: good morning, martha. the former house speaker, the 2012 candidate, newt gingrich has sort of set his path for an exit from this campaign. last night's delaware results were pretty disappointing for mr. gingrich who was looking for a high note on to either bow out on or perhaps keep going but insiders and advisors said that's unlikely. mr. gingrich plans to formally leave the race next tuesday. he will continue his schedule through north carolina this week. give time for supporters from around the country, friend and family to all go, presumably to atlanta or in

georgia somewhere. next week on tuesday he will announce he is either suspending or ending his campaign. his aides have been talking a lot about it. he huddled with senior advisors and mr. gingrich has made the determination he can not go forward. by losing last night it is virtually impossible he could win fluor rally of delegates in five states that made it impossible for mr. gingrich to win on the delegate election ballot at the election upcoming in tampa. he will continue to campaign this week. last few days he will be a very vocal civilian for causes of republican conservative principles he holds dear but won't be doing it as a campaign of the newt gingrich essentially about to say he will be dropping out on tuesday. martha: one of the remaining, he was really the last sort of -- he and santorum, the last quote, anti-romney candidates as they all kind of shuffled through the position throughout the course of this primary process, carl. the question is whether or not he vociferously support

mitt romney? >> reporter: yes one of the things we can expect insiders to say more than likely at that event on tuesday mr. gingrich as you he suspends his race will also throw his support behind mitt romney. of course that's a very, very difficult set of tea leaves to read. endorsements when candidates drop out. exact time is sketchy. emotional and difficult time. a lot of money is involved. the gingrich campaign has been working meticulously over the accounts for the expected closure the campaign. what we're told newt will probably endorse romney on the day he formally leaves the campaign trail. martha: you mentioned money. i want to talk about that. money is one of the nails in the coffin of campaigns at the end of these things. he was backed strongly by sheldon adelson for some time. how are they doing moneywise and what can they expect. >> reporter: the adelsons has but in 21 million. newt is in debt, he is in

debt $4.3 million. he has gone through so many changes of staff, the staff that is essentially going to act as the closeout team is trying to sort out a lot of that paperwork. and, there's, of the $4.3 million, there's about several hundred thousand dollars they can't really quite account for. they have to find the invoices and chase down the money because there is so many changes in the team. rotation of people in the gingrich campaign has been quite extraordinary. the ones who wrap it up are still sort of working at it. and long-standing sort of discussion with newt about when it would be time for him to pull the plug on this and there is, no question with the money, inability to be on the delegate ballot in the convention and, having gotten blanked last night again, gingrich is out on tuesday. martha: end of the road for newt gingrich this time around. carl, thank you very much. breaking news from carl cameron just moments ago on that. bill: there it is. also republicans being accused living in a fairytale land, no one can fix the pain at the pump, not even "harry potter".

take that. closer look at that in a moment. explosive testimony in the case against john edwards. you will hear it here, top of the hour. sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation at the sushi place around the corner. well, in that case, i better get bk to these invoices... whh i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business.

so they can focus on serving their customers. 11 years playing the outfield, and i got no plans to retire. [ female announcer ] aging may slow a dog down, but iams helps keep dogs playinyear after year with our age-specific nutrition. and now, even for dogs 11 and older with new iams senior plus. it helps boost the immune response to that of an adult dog and helps fight signs of aging. [ dog ] i'll never be a bench-warmer. [ female announcer ] new iams senior plus. see the iams difference or your money back. [ dog ] i am an iams dog for life. with less chronic osteoarthritis pain. imagine living your life with less chronic low back pain. imagine you, with less pain. cymbalta can help. cymbalta is fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens,

you have unusual changes in mood or behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not approved for children under 18. people taking maois or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaids, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or seriouallergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, liver disease a before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. ask your doctor about cymbalta. imagine you with less pain. cymbalta can help. go to cymbalta.com to learn about a free trial offer.

martha: well, the secretary of homeland security on the hot seat at this hour, answering some pretty tough questions at a senate hearing on the growing secret service prostitution scanned a that's how we get start a brand new lower of " "america's newsroom"", 10bg on the east coast, and i'm march mcoccasionum and you -- >> bill: bill hemmer, janet napolitano saying she will leave no stone unturned in her investigation. have a look at this. >> the allegations are unexcuseable and we take them very seriously. since the allegations first surfaced i've been in close touch with director sullivan. the director took immediate action to remove the agents involved and a bull and thorough investigation is

underway to determine exactly what transpared and actions we tbheed to take to ensure this kind of conduct doesn't happen again. martha: the tough questions still to come. doug mckelway joins us live from washington where all this is underway. what's going on in there doug? >> reporter: another chapter closed in this embarrassing episode, last night, the service secret forced out four more officers. here are the latest numbers, six employees have either resigned or left the agency, a seventh has been cleared of serious misconduct and will face appropriate administrative action, two additional employees have been cleared of serious misconduct, two have chose tone resign and the secret service is moving to provoke the security clearance of another individual. despite that president obama standing by the secret service, referring to the agents in question as a couple of knuckle heads. during a late night appearance, quoteing from the president, 99.9 percent of them every day put their life on the line, they do a great job, so a couple of

knuckle heads shouldn't detract from what they do. what these guys are thinking, i don't know, that's why 245eur7 not -- they're not there anymore. in all, 24 security personnel in the military and service service -- secret service have been compli indicated. martha: and regarding a similar incident with the marines in brazil last year -- this is something new, the associated press and reuters reporting that tuesday, three marines an a u.s. embassy security team and one embassy staff member were punished for allegedly pushing a prostitute out of a car late last year over dispute over payment, the u.s. embassy tracked down this prostitute and paid for her medical expenses but there are reports that she is suing. here's secretary panetta. >> this incident was fully investigated. and those that were involved have been punished and held accountable. they are no longer in this country. they were reduced in rank,

and they were severely punished for that behavior. >> reporter: panetta added he has no tolerance for this kind of conduct and people who engage in it will be punished. martha: and doug, thank you very much, doug mckelwa why in d.c. bill: want to follow up on a troubling discovery at a farm in the heart of dairy country, the usda saying they found mad cow disease by accident in a dead animal out of california, a cow that showed no signs of illness randomly selected for testle. our labratory confirmed the findings, and also, indicated it was an atypical form, which is a rare form of the disease. and it is not likely to be attributable to infected feed. bill tbhil is the first new case of the disease in the u.s. since 2006. but officials and farmers say there is nothing to worry about. >> i want the consumers to be very aware that the milk supply is safe, that this has no effect on the milk,

and that the meat supply is safe, that that cow did not make it into the food chain. bill: if consumed, meat tainted with mad cow can cause a deadly human brain disease, the agriculture department saying there is no cause at the moment for alarm. let's keep it that way. martha: the leading democrat in congress saying he will not support the keystone oil pipeline expansion, even if fellow democrats are starting to get on board with that idea. it would bring oil down from canada to refinery necessary the south and now some of the left are supporting the project because it's tied to their transportation bill, but not for senate majority leader harry reid, he is not budging on keystone. >> personally, i'm -- personally, i think keystone is a program that we're not going to -- that i'm not going to help in any way i can. the president feels that way, i do, too.

martha: not going to help in any way he can, he named eight senate democrats to negotiate that bill, the transportation bill with the house lawmakers. only one of them is a supporter of the keystone project. bill: not keystone, not republicans, not even harry potter can lower gas prices! that's when president obama's righthand man on natural resources, ken salazar, causing out the republican energy plan saying globe at market forces are the ultimate determining factor in the prices at the pump. >> it is a divide between the real energy world that we work on every day and the imagined fairy tale world. no one has the ability, not even harry potter, okay, to simply wave a magic wand to say we're going to have gas prices at $2 or 2.50 or $3, it doesn't work that way. bill: now the rubber meets the road literally. cries stierwalt is our digital politics editor, the

national average for a gallon of the cheap stuff is at 3.84. host of power play on foxnews.com live, we want you to wave your magic wand and put this in perspective. what's up? >> i don't know if i'm up to that one exactly! but william, i can tell you this, that the republicans love to hear stuff like this. they love when the administration is out, talking about gas prices in a way that suggests that they don't have a way to deal with it. if you recall, the president spent about six weeks on the campaign trail, off and on, in swing states, talking about the sort of intractable problem of high gas price, that it was a long term solution that involved alternative energy and all those things and basically saying look, don't blame me, and here you have salazar making the argument again. republicans love it because what they say is there is a solution, there is something we can do, the president is stifling energy production with things like keystone and we can turn it on. bill: the suggestion that

republicans love it has to be understood in the context of politics. because many believe the longer this issue goes on, the more they gain from it, do they not? >> that's exactly it. for the republican, they want gas prices, energy prices, to be a big part of the discussion going forward. for these next 28 weeks of the general election season, they want gas and energy to be a big part of the discuss, because they know it's a place where president obama has some of his lowest job approval ratings, americans overwhelmingly think the president has not been up to the task of dealing with energy costs, especially as it relates to gasoline. bill: do you see democratic movement toward favoring keystone? >> 69 democratic votes go for the big pack this past week but harry reid is saying no chance, not going to happen. >> well, you can always tell when they're getting closer to a deal in congress because the rhetoric gets more intense and there's a chance what you're hearing from harry reid as he talks in the absolutist terms

about keystone is that may actually hint you're getting closer to a deal and he's just trying to assuage liberals who don't like it because they think that the more gas -- the cheaper the gas we have, the more of it we burn and more global warming occurs. i think there's a very good chance that this goes into the conference and both sides work this out, that if that were the ultimate sticking point there would be plenty of senate democrats who would not like to have the whole transportation bill -- >> bill: but do they think they're losing on this issue, chris? when you hear mitt romney say something like i will build that pipeline if i have to myself? >> well, if you would have asked a year ago whether a relatively obscure pipeline going from western canada to the gulf of mexico could be a campaign issue in 2012, you'd say no but here it is, americans are supportive of it and supportive of the whole idea. bill: we're looking forward to tomorrow for you by the way. you know it's a big day for you. power play -- i want our viewers to know, foxnews.com/live, a special hour-long edition, live from

georgetown university, going to get all the students out there, it's going to look like college game day. >> it's going to be hot. bill bell foxnews.com/live, and check out chris there tomorrow. looking forward to it, okay chris? martha: speaking of georgetown, rush limbaugh says a well-known georgetown law student is coordinating on something directly with the white house. >> sandra pluck is just seeing a poor, isolated, lone little college student, worried about her contraception at georgetown. but now she's represented by the flacks in the white house, hillary rosen, oleeta dunn and coordinating with president obama. martha: we'll talk about what that's all about. bill: we'll talk about this, too, a four-year-old girl treated like terrorist according to her mother, called a suspect and labeled a security risk because she gave her grandmother a hug. that's the allegation. martha: pretty suspicious to

me, bill! we'll talk about that. today is the big, big day for arizona's immigration law at the supreme court. so how will the justices come down on sb1070? judge napolitano is here moments away. [ kyle ] my bad.

[ roger ] tell me you have good insurance. yup, i've got... [ kyle with voice of dennis ] ...allstate. really? i was afraid you'd have some cut-rate policy. [ kyle ] nope, i've got... [ kyle with voice of dennis ] ...the allstate value plan. it's their most affordable car insurance -- and you still get an allstate agent. i too have...[ roger with voice of dennis ]...allstate. [ roger ] same agent and everything. [ kyle ] it's like we're connected. no we're not. yeah, we are. no...we're not. ♪ the allstate value plan. dollar for dollar, nobody protects you like allstate.

bill: there are growing signs the united nations is fail to go stop the violence out of syria. -- failing so stop the -- to stop the violence in syria, syrian troops firing mortar shells and machine guns at civilians earlier today, before, during and especially after a visit by u.n. observers in that area. this is amateur video showing piles of rubble and burning vehicles on the city streets will in the capitol. martha: big day today. john edwards' defense team now taking on andrew young, the one-time aide who really blew the lid off of this case of the mistress and the baby and it all came

tumbling down after that. edwards, of course, accused of using campaign money to try to cover this whole messy thing up back in 2010. young said he helped him to do just that. >> elizabeth was tracking his cell phone use because she had known about previous affairs. she tracked his cell phone use, so he started using my cell phone to make and receive phone calls from rielle. martha: ugly, right? so the trial is a fall from grace to be sure. look at that, back in 2004. this is a man who could have been vice president of the united states. there he was with john kerry in a huge victorious moment for them. rich lowry's new column says that edwards, though, may have been, quote, slimey, but he's not a criminal. let's talk about it. rich lowry, editor of the national review and fox news crib to, alan coomes is host of the alan coomes radio show. good to have you here. rich, interesting piece which basically says you don't think that he could be convicted of anything, but

you think he's done a whole heck of a lot. >> yeah, i don't think he should be convicted of anything. i think he probably will because he's such an unsympathetic character and lied about so much but doing repry mentionible things is not a violation of the law and the theory of this case is absurd on its face. what the prosecutors is saying is the two backers of john edwards spent about a million dollars on supporting his mistress and love child and that was a campaign contribution. that that -- you should think of your support for your mistress as a legitimate campaign expenditure, so it was wrong and went above the federal limits for them to give the money to his mistress. i think that is just absurd on the face of it. supporting your mistress is not a campaign expense. it's reprehensible, it's tawdry, it's stupid, it's immoral, all the rest of it. it's not a violation of campaign finance law. martha: unless they can prove that the money that they sought from bunny mellon and fred baron was

damage control for the campaign, that they needed that money to keep rielle hunter quiet so they could continue to pursue what they very much wanted for john edwards, that was to see him in the white house. or as vice president. >> the problem i can have that line of argument, even if john edwards wasn't running for president, he would have wanted to cover this up and lie about it. he would have done that if he was just a sitting senator, he would have done that if he was just a prominent trial lawyer as he once was in north crairs carolina, he would have done it if he was a private citizen. people lie about these things, so again, i think it's prosecutors stretching the law, making a creative use of the law, it's never been used this way before to try to nail this guy solely because he's reprehensible and that is -- we are a nation of laws, not of men. martha: understood. we're going -- we're looking at kate edwards walking out with her dad yesterday. she's become a very big part of his defense team. she's a harvard law graduate alan coomes, i know you were

a supporter of john edwards. do you think he could potentially go to jail for this? >> you know, i don't know whether he could or not. i'm not a lawyer. i thought rich wrote a fascinating column which is in today's new york post about this, especially coming from someone on the right, but -- that's the nicest thing alan has ever said about me! martha: that was such a nice moment! let's breathe is in! >> i thought he had a great message. i've interviewed him a number of times, i interviewed elizabeth edwards, i saw him give a speech at university of north carolina, chapel hill, when he was working there, teaching, i thought he was a great lawyer, because he was able to make a great presentation. i thought the message of the two americas, talking about poverty, making that a centerpiece, i thought it was a very, very good message. sometimes we confuse the message with the messenger, but just like o.j., who we find is a reprehensible character terks they wanted to get him on something, i believe there's a great desire to want to convict this guy, because he is such

-- he comes off now as such is a slimey creature, that let's nail the guy on something if we possibly can. martha: it will be really interesting to see what this jury does. rich, i know that you're concerned that if they do convict him, it could establish a precedent, that you don't -- you're not too happy with. >> yeah, look, if we want to say paying your mistress is a campaign expense, let's have congress write that into the law and everyone will know it's black and white, a rule that you shouldn't just have prosecutors on the fly createing this new campaign finance offenses, and if they do it in the case of john edwards, no one is going to object, really, right? because what he did is vial and reprehensible. it may be used against someone much less blameworthy down the line. it's a very bad precedent. >> can we also say that we went after bill clnton on something perhaps because of political reasons, because certain people didn't like him and he was impeached but not convicted, because of

lie bg sex. some of this might also apply to the political effort to try to go after a president who is unpopular with a large segment of the population. martha: we'll leave everyone with that thought, something to stew over with your morning coffee! alan coomes, rich lowry, great piece, thank you rich. bill: those two go off and have lunch martha: they just chuckle! bill: grandmother sets off a metal detector at airport security when her four-year-old granddaughter runs to give her a hug, mom, standing nearby, has a big issue with what she saw with the tsa. how did it respond? we'll tell you. martha: it was a clean sweep in five primary phos mitt romney last night. has he hit his stride? found his confidence in this campaign? we're going to debate that, fair and balanced, coming up right after this. all the thousands of good and decent americans i've met who want nothing more than a better chance, a fighting chance. to all of you, i have a

simple message: hold on a little longer. a better america begins tonight. let me tell you about a very important phone call i made.

when i got my medicare card, i realized i needed an aarp... medicare supplement insurance card, too. medicare is one of the great things about turning 65, but it doesn't cover everything. in fact, it only pays up to 80% of your part b expenses. if you're already on or eligible for medicare, call now to find out how an aarp... medicare supplement insurance plan, insured by unitedhealthcare insurance company, helps cover some of the medical expenses... not paid by medicare part b. that can save you up to thousands of dollars. these are the only medicare supplement insurance plans... exclusively endorsed by aarp. when you call now, you'll get this free information kit... and guide to understanding medicare, i can keep my own doctor and choose my own hospital. and i don't need a referral to see a specialist.

as with all medicare supplement plans, and help pay for what medicare doesn't. call this toll-free number now...

bill: here's the breaking news, you heard it live 30 minutes ago for the first time, carl cameron from fox news reporting that senior gingrich aides say that newt gingrich will formally suspend or end his campaign a week from today. actually, make that a week from yesterday. that's tuesday next week. gingrich will, quote, more than likely endorse mitt romney at the time. for several weeks, the gingrich staffers had been reviewing the accounts and making final preparations. in the absence of a victory in delaware last night, which did not happen for newt gingrich, it went for mitt romney, gingrich has decided at a final event

next week, he will complete the north carolina schedule where he is today and we'll see and wait for the formal announcement then. newt gingrich, said to pack it in next week. martha: we are 24 minutes past the hour. north korea, claiming it is armed with powerful mobile weapons that are capable of defeating the united states. this is the latest saber rattling that comes amid speculation that the rogue nation will indeed test another nuke. we'll watch for that. and the senate today, expected to pass a bill that will make it harder to close thousands of money losing postoffices. even the postmaster general says the painful steps are needed to save his agency. what is up with that? >> people magazine names beyonce one of the -- the world's most beautiful woman. how about that? the singer, she'sle a new mom, telling the magazine she feels, quote, more beautiful than she's ever felt, bill, and she is, you know?

a baby, she looks amazing. >> ♪ >> ♪ bill i think they're having the time of their lives, actually! she and jay zee, having a great time. martha: beautiful baby. good for her. bill: this story has outrage, martha, a mother saying airport screeners treated her four-year-old daughter like a terrorist. michelle bradymire said the ordeal began at wichita's oirp after her mother had to be rescreened. you got the grandmother, the mom and daughter now, after setting off the alarm, her little isabella, not knowing better, ran through the checkpoint to give her grandmother a hug. that's when brady meyer claims tsa agents swooped in, leaving her crying, an hisserral -- giving the hysterical daughter a full body patdown, saying it was implied several times that my mother in the brief 2-2nd

embrace had pass add handgun to my daughter, end quote. scott brenner, head of gephardt government affairs, good morning to you. i don't know what the truth is here but based on what we know, what's your conclusion? >> what an absolute disaster for tsa! i mean, really, are the four-year-olds and grandmothers, are those the top terror suspect necessary the world today, that's who we should be working on? it was a huge breakdown by tsa. clearly what happened is you had the child go through, she's cleared, the grandmother alarms, they got to resolve that alarm, fine. the kid goes back, fine, rescreen them both. when did the thugs come in and start scowling at this little girl, scaring her to death, scaring -- separating her from mother mother? -- from her 340er mother? bill: the tsa said the child completed screening but contacted another member of the family who had not completed the family

screening process. while it was explained why additional procedures were necessary, tsa officers did not suspect or suggest the child was carrying a firearm. does that make it any better? >> i don't think it makes it any better, and i think what happened was you had some probably inexperienced tsa folks working that line, they had a situation, and they should have had a manager step in and say folks, let's be reasonable here, let's put this into context, yes, let's rescreen them both because there was contact with the kid who had been screened and the grandmother who had not. let's resolve that but let's not bring them into a private room, let's not get this girl soup set that she couldn't stop crying and they start to threaten that they have to shut the whole airport down until a little kid stops crying. has that ever worked? bill bill that may be true that the tsa agents tried to rescreen them already and the situation grew out of hand because of the screaming girl and the mother is hysterical, but i think in the end that's what you're trained to do, are you not? >> wildly out of hand, a

four-year-old? come on. yes they should be trained to do this and a manager should have stepped in and resolved the situation. sounds like at the end somebody did finally step in but again, this is clear that the tsa needs to train their agents better to handle these types of situations. bill: i got your larger point. we weeched out to the mother to get her side of the story and we shall see what we find then. thank you scott. martha: hold judgment. using a little judgment goes a long way! >> new accusations leveled today at the white house from radio host rush limbaugh. why he says he believes president obama and this very well known now georgetown law student are coordinating on a key policy issue. bill: where do states rights end and federal power begin? the courts decide that today on immigration, the judge breaks down arizona's law playing out in the high court as we speak, behind those pillars. are you receiving a payout from a legal settlement

or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it.

my new apartment isn't th far away. it's 4.2 milesway ! with this droid razr... motorola... verizon 4g lte... video... skype. you're gonna get lost. this has gps. well, that makes me feel better. me too. i'll go get two from the back. okay. this mother's day, get the droid razr by motorola. only $99.99. the lowest price ever. verizon. bill: it is happening right now, there are new developments this morning now in the fight over arizona's immigration law which will have huge quli indication -- implications for everyone across the country, hearings on sb1070 and judge napolitano is in the studio with me. good morning to you. arizona will argue what in support of this? >> here's arizona's argument

in a nutshell. the federal government forces arizona to spend money on health, safety, well fearks morality and education, on everybody in arizona, whether there lawfully or not, so the least the federal government can do is enforce the border laws and keep illegals out. that's arizona's -- and if the federal government won't do that then arizona will do it for them. bill: what's the argument on behalf of the government? this is our job? >> the federal bottom's job is -- the federal government's argument is immigration and border control is a federal issue, and we can't have states doing it on their own. otherwise we will have 50 separate foreign polices rather than one, and when the constitution was created, the states delegated away their ability to regulate foreign matters and immigration matters to the federal government, p.s., this is the way the supreme court has ruled whenever they've confronted the issue. bill: a lot of our viewers are focused on arizona because it's been in the

news so much, but there are other states with similar laws, georgia, indiana, south carolina, utah. some have been challenged, some upheld. >> only arizona is before the supreme court today because the others have not yet made their way to arizona and there's a bizarre twist here. the bizarre twist is only eight of the justices will hear this because justice kagan has taken herself off the case because she says she worked with the justice department in resisting arizona's statute, when she was in the obama administration. the question, what happens if there's a tie. the answer is that the decision below is upheld, the decision below is arizona's law is unconstitutional. but it is only unconstitutional in that portion of the country where the courts below have jurisdiction, which is the ninth circuit, which is the we were end of the country, plus alaska and hawaii. bill: all right. before we -- all right. before we get to that point this is basically an argument over states rights, is it not? >> it's an argument over states rights and whether

the states can subpoena plant the federal -- subpoena lant the federal government -- supplant the law. bill: then what do you do as a state? >> look, here's what the supreme court will say. it is not our job to tell the president how aggressively to enforce the laws. the president decides what resources to be distributed, and if you don't like the way the president enforces the laws, elect a new president. that's from the court's point of view. from arizona's point of view, they're in a real conundrum, because the same supreme court for which they're arguing as you and i speak has told them you must provide all these service, health, welfare, safety, morality, education, to illegals, so arizona is caught in a box. we can't both pay for the illegals and let them flood over our borders. bill: quickly on this issue, dick durbin, senator from illinois, made this pointed. roll this and i'll ask you specifically about two words he focuses on: >> we do not help them in their job when we create laws like this, which puts

them in a position of calling people out because of their status. not because of the suspicion they've even committed a crime. >> what strikes me, status and suspicion. is that going to be argued here? >> yes. one of the weaknesses from the point of view of a judge of the arizona statute is it permits stopping on the basis of suspicion and arresting on the basis of status. appearance. lawful here or not lawful here. it gives too much discretion to police. that's going to be argued. if you can get over the issue of is this a federal issue or state issue, then they're going to get into the issue of how much discretion does this give to the police and does that discretion violate the constitution. bill: a ruling in june? >> yes a ruling in june, probably around the time of health care. bill: buckle up, baby! you'll be on the cot upstairs! thank you judge. thirty-six minutes past the hour. here's martha. martha: as the supreme court

hearings begins immigration rights groups are expected to gather in arizona and protest the state law. william la jeunesse joins us live from phoenix. this is the nexus of this whole story. what's going on there today? >> reporter: martha, the rallies here obviously will not affect what happens in the courtroom but they can change public opinion and maybe how voters perceive the court's decision which is expected later this summer. that did happen two years ago this week when governor brewer signed sb1070 into law and of course the coverage and publicity generated by those very large protests did prompt cities and groups to boycott arizona. now, some of those same immigration advocates who opposed 1070 will march again today, they claim the law which makes it a state crime to be in the u.s. illegally treats all immigrants as criminals, and all latinos as undocumented. here's a sound bite: >> the real problem with 1070 is racial profiling, targeting a certain community, asking them for

document aches. whether they're documented or not, i think police officers need to do their job of protecting the community, not asking for documentation. >> reporter: so martha, they'll meet here about noon today, they'll march on the police station, the sheriff's office, and down to the state capitol, they'll sing, rallies, that kind of thing. martha: what about the supporters, what are they saying about what's going on in the supreme court today? >> the supporters argue that this is really -- has really helped fix the country's broken immigration law. it makes it a state crime to be in the u.s. illegally, and they will basically say that this provides cops the tools they need to enforce the law, to protect the public against criminal aliens, and reduce the cost to taxpayers, while providing services to illegal immigrants. here's the supporter: >> it has contributed to a decrease in the numbers of illegal immigrants who were residing within arizona. in fact, from the period of

time when debate over sb1070 really heated up until now, estimates are that as many as 2-300,000 illegal aliens have left arizona. >> reporter: that is called attrition through enforcement, the backbone of 1070, and martha, they argue the people, for instance, in the senate yesterday said you can't have a patchwork of laws apply to go immigration, but they say we have that with drugs, with firearms, and it was argued a few years ago with the epa when the bush administration was not enforcing the pollution laws on automobiles, they said well, states, let's go at it more aggressively, so it does work in other areas as well. back to you. martha: something to think about. william, thank you. bill: so a jet forced to make an emergency landing after another bird strike, jetblue flight 571 had just taken off in florida when two canadian geese hit the windshield. here's the pilot with the control tower.

>> we've got to come back, we hit two big geese. >> jetblue 571, roger. would you like to declare an emergency. >> we are declaring an emergency. bill: that plane making an emergency landing with all 54 passengers on board. safe, but a bit shaken up, you could shea. >>o say. >> relieved i'm finally home didn't think i was going to get here! >> the plane started swerving immediately, right after the two hits, so he was rocking the plane back and forth, and we knew sms was going on, i'm going to die, like i'm not going to see my family, i'm not going to get home. bill: the pilot was trying to shake that bird, jetblue putting the passengers on the next flight to west palm. this is the third flight grounded in the paweek, including air force two, with vice president joe biden on board. clearly you can blame the canadians in this case. martha: i think it would be better if the birds just stay out of the way. when the plane is taking off, the birds should just

-- they need to get that message, send out a tweet to the birds! bill: that's cute. martha: moving along, folks, there is a rowdy protest, why these people are so fired up about a shareholders' meeting at a bank. plus this: >> he wants to forgive student loans. if he wants to forgive underwater mortgages, we can do that, too, folks. he can say he wants to, then if the republicans fight him on it, guess what? he's president. this is what we're up against. bill: so rush limbaugh is going after the white house for allegedly coordinating with georgetown's sandra fluk on this student loan push. we will weigh in on that in a moment. [ kyle ] my bad.

[ roger ] tell me you have good insurance. yup, i've got... [ kyle with voice of dennis ] ...allstate. really? i was afraid you'd have some cut-rate policy. [ kyle ] nope, i've got... [ kyle with voice of dennis ] ...the allstate value plan. it's their most affordable car insurance -- and you still get an allstate agent. i too have...[ roger with voice of dennis ]...allstate.

[ roger ] same agent and everything. [ kyle ] it's like we're connected. no we're not. yeah, we are. no...we're not. ♪ the allstate value plan. dollar for dollar, nobody protects you like allstate. having one of those days? the allstate value plan. tired. groggy. can't seem to get anything done. it makes for one, lousy day. but when you're alert and energetic... that's different. you're more with it, sharper, getting stuff done. this is why people choose 5-hour energy over 9-million times a week. it gives them the alert, energetic feeling they need to get stuff done. 5-hour energy...when you gotta get stuff done.

martha: back at t. radio host rush limbaugh now accusing the white house of, quote, coordinate wg the georgetown law student who

has become quite well known on a key policy issue once again. listen to this: >> andrea fluke just tweeted "don't double my rate, many students will see the interest rate on federal student loans increase if congress doesn't act by july 1st". that's an exact tweet that sandra fluke, obama just said the exact same thing, word for word to the students at university of north carolina. >> sandra fluke is just seeing a poor,o is a poor, isolated, student worried about her contraception but now she's represented by the flacks in the white house, hillary rosen, lolito dunn and coordinating with president obama, scaring students about the interest rates on their student loans. martha: all right. so if that is a jumping off point, we're joined by gretchen hammel of the republican con friend, executive director of public notice and judith miller is

with us, and janet dibalila is a commenter for mature citizens and awe tore of the book "outnumbered". gretchen, what do you think about the analogy? >> i don't know if you were on twitter but this is a message tweeted by a number of people. in fact the white house was retweeting college students who had some of the similar messages. i think this is just a coincidence, it's the white house having a simple message that is resonating. >> martha: you think you shouldn't go there, judith? >> i think if i were rush limbaugh, this is the last woman i would talk about on the air. of course he shouldn't go there and of course the allegation is ridiculous and all it does is call attention to his previous faux pas. martha: maybe going back at t. though, he is standing his ground, he's saying look, i believe there's a connection here, this message is being put out there by the white house, clearly, and there are some sort of ancillary connections between her and the white house. what do you think? >> i say go there. she is represented by anita

dunn, he is making great points, she is out there echoing talking points of the administration, not just on this issue but on the contraception issue. she has become sort of a figurehead out there on mainstream media all the time sort of representing unofficially the obama administration, she has these tie toss anita dunn. i really have no issue with him pointing out what's happening. i see it as as the point of the day. >> it is --sy taking it out of the play book, and -- what he's trying to do is -- what she's trying to do is take her bar, finish college. martha: she is clearly trying to stay in the mix. >> one, she is staying in the mix, two, it's a far stretch to say she's a white house spokesperson. >> he has made her the issue and she is a very articulate spokeswoman for her causes and she's 30 years old, she's worked on women's violence issues before, she's a wonderful person, and this is just utterly absurd. >> that's what she is, a 30-year-old political activist who rose on -- arose on the scene when the

contraception mandate came out that everyone was opposed to, everyone was saying this is stepping on our religious freedom, somehow she managed to get a microphone a. really loud one and speak to congress when no one else could. i also think it is a means by which the obama administration can officially or unofficially speak to women. martha: and it does just that and that's the larger point, the outreach to young people, to college students, all of that. the student loan issue, you know, is thought -- is not going to be an issue. mitt romney has said he wants this to happen in terms of the rates not going up on the student loans. the slow jam thing, i want to play it as background, how did the president do and is he successful, did he achieve his goal in reaching out to young people with that? >> i think he did. sometimes electricals are based on who you want to have a beer with and that's what a lot of swing voters -- >> likability. >> he showed it. lucky for him, the news, they did not talk about the

slow jamming economy. >> i think he always does well in these situations like bill clinton with a saxaphone. put him on late night tv, he does well. and this is a group he really needs to win in november. he needs to win them back, young people, and i think this is the way he's doing it. martha: mitt romney is trying to get at this group as well in a slightly different way with the fairness issue that the president has spoken about so much in terms of get a fair shot, everybody pays their fair share. i thought this was interesting: let's say this: >> this america is fundamentally fair. we will stop the unfairness of urban children being denied access to the good schools of their choice. we will stop the unfairness of politicians giving taxpayer money to their friends' businesses. >> martha: that's the

solyndra comment we heard quite clearly. this is an interesting way to go at what is fair, you know, what is fair is going to become a big issue between these two men judy. >> it is. it is. on the other hand, this is all about the medium and the message, and if you're young, whom would you rather look at? ith mitt romney, giving a speech? or barack obama, having fun with jimmy fallon? >> the big issue here, it's about fairness in the system, not just about fairness in the tax code, but fairness in the ability for political people and businesses to pay lobbyists, who give special interests, to give -- there are a lot of arguments but this president -- >> martha: i mean, we've heard from the white house and other people about how romney is not cool, he reminds them of somebody from the 50s, and it's fascinating and the president, they want him to be cool cool and that seems to be working. >> and it's the perspective of opportunity and choice, not class warfare, which is a winning argument.

martha: we'll do it again. thank you very much, ladies. we'll be right back. bill ill -- bill: nice.

>> reporter: hi everybody, iemg rick folbaum, coming up on "happening now", mitt romney sound ago lot like the nominee, channeling reagan americans, asking if they're better off now than they were '08. we'll talk about the state of the race, and new polling that is good news for governor romney and much more on secret service scandal, coming up on "happening now". we'll see you -- we'll see you then. bill: energy made in america at one chain of gas stations, all gas made from north american crude oil, nothing else. and they say business is booming. eric shawn is on this on our newsroom. >> reporter: good morning. no middle east oil. that is the vow of one u.s.

oil firm, rue fight dollars -- united refining company says its polices will cut gas prices. customers are filling gas refined only from north american crude that, means just from the u.s. and canada, nothing from the middle east or africa. the company has over 300 station necessary new york, pennsylvania, and ohio, under the quick fill, country fair and keystone brands. it's a move that struck a nerve, says the united refining chairman, john katsmititis. >> every time they get annoyed at bp petroleum, any time they get annoyed at the middle east, you know what they say, they say why don't i buy american oil and american-made gasoline. >> aim an american. there's something i fool you should know. we don't have to send our money overseas when we buy gasoline. >> the companies boast that it is american gas that is driving america, most drivers we spoke to say they

prefer to buy american gas but what they really do is care about the price. oil analysts say it could affect the price, some others think it may not, because the price is set on global markets. but they say it can help wean us from foreign oil. bill: it's all about price, right? especially when it's four bucks a gallon. eric, thank you. martha: it sounds like something out of the movie "avatar" and could change the life of those paralyzed forever, what a paralyzed person was able to make a robot do, more than 60 miles away, using his mind. unbelievable. we'll be right back.

martha: you got to tweet some of those pictures from africa. he is showing me rhinos and elephants and gators. bill: haven't seen the silver back. that is what you get in uganda by the way. which should be on your travel plans next. what a country. martha: uganda