for me will be creating jobs. let me say that again. my adenda is not to put in place a series of policies that get me a lot of attention and applause. my policy will be number one, create jobs for the american people. i do not have a hidden agenda. applause maus. -- [applause] and i submit to you this. if you want a president who will make things better in the african-american community, you are looking at him. [applause] you take a look. finally i will address the institutionalized inequality in our education system. and i know something about this from my time as governor. in the years before i took office our state's leaders had come together to pass bipartisan measures that were making a difference in reading and in math our students were already among the best in the nation. and during my term, they

took over the top spot. those results revealed what good teachers can do if the system will let them the problem was this success wasn't shared. a significant achievement gap between students of different races remained. so we set out to do our best to close it. i urged faster interventions in failing schools. and the funding to go alongwith it. i promoted math and science excellence in schools and proposed baying bonuses to our best teachers. i refused to weaken testing standards and instead raised them. to graduate from high school in massachusetts, students now had to pass an exam in math and english and i added a science requirement as well. and i put in place a merit scholarship for all those students who excelled. that the top 25% of students in each high school in massachusetts were awarded a john and abigail adams

schrol aship, four years, few wish-free at any massachusetts institute of higher learning [applause] and when i was governor, not only did our test scores improve, we also narrowedded the achievement gap. now the teachers unions weren't happy with a number of these reforms. they didn't like our emphasis on choice through charter schools which is a great benefit to inner city kids trapped in underforming underperforming schools. the legislature passed a moratorium on any new charter schools. in boston, harlem, los angeles and all across the country, charter schools are giving children a chance, children that otherwise could be locked in failing schools. i was inspired a few weeks ago by students in one ever kenny gamble's charter schools in philadelphia. right here in houston, is another remarkable success story. the knowledge is power program which has set the standard thanks to the groundbreaking work of the

late harriet ball. these charter schools are doing a lot more than closing the achievement gap. they're bringing hope and real opportunity to places where for years there's been none. charter schools are so successful that almost every politician can find something good to say about them but as we saw in massachusetts, true reform requires much more than talk. as governor, i vetoed the bill blocking charter schools. but my legislature was 87% democrat and my veto could have easily been overridden. so i joined with with the blackledge slate tiff caucus and their votes helped preserve my veto, which meant that new charter schools, including some in urban neighborhoods, would be opened. [applause] when it comes to education reform candidates can't have

it both ways. talking up education reform, while indulging the same groups that are blocking reform. you can be the form of disadvantaged public school students or you can be the protector of special interests like the teachers unions but you can't be both. i made my choice. as president i will be a champion of real education reform in america and i won't let any special interest get in the way. [applause] i will give the parents of every low-income and special needs student the chance to choose where their child goes to school. for the first time in history if i'm president, federal education funds will be linked to a student. so that parents can send their child to any public or charter school they choose. and i will make that a true choice. [applause] because i'm going to insure there are good options available for every child. and should i be elected

president, i'll lead as i did when i was governor. i'm pleased today to be joined by the reverend jeffrey brown it was a member of my kitchen cabinet in massachusetts. that cabinet helped guide my policy and actions that affected the african-american community in particular. i will look for support where there is goodwill and shared conviction and i will work with you to help our children attend better schools and help our economy create good jobs with better wages. i can't promise you that i will agree on every issue but i do promise that your hospitality to me today will be returned. we will know one another. [applause] and we will work to common purpose. i will seek your counsel and if i'm elected president, and you invite me to next year's convention, i will count it as a privilege and

my answer will be yes. [applause] you know the, the republican party's record by the measures you rightly apply is not perfect. any party that claims a perfect record doesn't know history you the way you know it. always in both parties there are men and women of integrity, decency and humility, who have called injustice by its name. for everyone much us a particular person comes to mind. someone who set a standard of conduct and made us better by their example. for me that man is my father, george romney. [applause]

it wasn't just that ma my man helped write the civil rights legislation for michigan though he did he helped create michigan's first civil rights commission and as governor he marched for civil rights on the streets of detroit though he did those things two. more than these acts it was the kind of man he was and way he dealt with whatever person, crack or white. -- black or white. he was a man of intention and a man of faith who knew every person was a child of god. [applause] i'm grateful to him, for some things. and above all, for the knowledge of god, whose ways are not always our ways but whose justice is certain and whose mercy endures forever. [applause] every good cause on this

earth relies in the end on a plan bigger than ours. without dependence on god, dr. king said, our efforts turn to ashes, and our sunrises in a darkest night. unless his spirit pervades our lives we find only what gk chestertown, called cures that don't cure, blessings that don't bless and solutions that don't solve, end of quote. of all the that you bring to the work of today's civil rights cause, no advantage counts for more than this abiding confidence in the name of above every name. against cruelty, arrogance, and all the foolishness of man, this spirit has carried the naacp to many victories. more still are up ahead. [applause] so many victories are up

ahead and with each one of them we will be a better nation. thank you very much and god bless everyone of you. thank you. thank you. jon: i-t's not often you hear a presidential candidate's speech punctuated with organ springs. that is the situation in houston. mitt romney, the presumptive gop nominee. not necessarily friendly territory for him. the latest quinnepiac poll show 92% of african-american voters support president obama and his re-election. but mitt romney gave a pretty good account there. you heard boos when he promised to repeal obamacare. but he also got loud applause for the crowd there at naacp convention. more coverage ahead. jenna: we take you straight to capitol hill and this fox news alert. we're awaiting the final debate on the gop effort in the house to repeal the new health care law. how can they do that? what is really next? we're going to be back with that breaking story in a few moments but first let's go

to jon for the other big stories we're following on "happening now.". jon: right now the eyes on the economy and fears that 2013 could bring a perfect financial storm, creating a global crisis worse than anything we've seen yet. what you need to do to protect your bottom line. plus a cereal hugger named -- serial named john wayne embracesy and jack the gripper, arrested and released multiple times. why prosecutors haven't yet charged him. what really caused that jetblue pilot to freak out in midair running up and down the aisles screaming about terrorists? new documents just released. what they reveal. it is all live and "happening now." jon: lots going on today on this wednesday. good morning, i'm jon scott. jenna: no hugging. jon: no hugging, not on set today.

not from jack the gripper. jenna: jack the gripper. one of our stories we'll cover for you. we're glad you're with us. i'm jenna lee. we'll go right back to capitol hill and one of our top stories today. the lawmakers are getting ready for the final debate before the big vote on the president's health care overhaul. the house trying more than 30 times in the past to overturn this law. this time there is a little bit of a new approach. the gop is underscoring the law is new, in their opinion, unnecessary tax. this emphasis is in light of the supreme court's ruling on the individual mandate. top democrats in the house are blasting the vote calling it an effort to take away protections from millions of americans of the not all democrats believe that. chief congressional correspondent mike emanuel on capitol hill following the twists and turns on this story. mike, what are the top republicans saying today as they try to make their case? >> reporter: jenna, they

believe the president's health care law making the overall health care system in the united states worse, not better. they think it is a tremendous risk to the nation's economy. here is congressman paul ryan making the case for repeal. >> there are 21 tax increases in in law, 12 of which hit people who are low and middle income earners. you remember the line, if you like the health care plan you have, you can keep it? ha. completely not true. >> reporter: this figures to be a difficult vote for republicans in swing districts where some voters may not think this is a good idea to go after the health care law yet again. it is also expected to be a difficult vote for some democrats in districts where the president's health care law is not popular. we learned at least three democrats will vote for repeal. they are dan boren from oklahoma, larry kissell, from north carolina and mike mcintire from north carolina. kissell and mcintire are two of whom who are expected to have a very difficult

re-election fight in the fall, jenna. jenna: you mentioned those three, mike. in general, as far as majority of democrats what are they saying about this repeal effort? >> reporter: they are essentially saying they have been down this road before with the house republicans. there have been votes to repeal, haven't gone anywhere. they're saying this is a big waste of time, jenna. jenna: when do we expect that vote today, mike? >> reporter: early this afternoon, a few hours from now. jenna: mike emanuel live from capitol hill. mike, thank you. >> reporter: sure. jon: a big break in the mysterious case of a julliard student found murdered eight years ago in new york city. there is some new dna evidence that police hope will lead them to sara fox's killer. [ man ] ever year, sophia and i

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jon: right now governor mitt romney is raising more money than president obama for a second straight month. mr. romney and the republicans collected just over $106 million in contributions in june. president obama's campaign and the democrats raising 71

million last month. about 2/3 of governor romney's total. let's talk about it with david drucker, associate politics editor for "roll call.". david, what is the motivation here? is it in part the supreme court and health care ruling or something else? >> romney has been collecting the money and raising hand over fist before the health care ruling but that clearly helped him with small donors that give online, we saw that immediate hours after the health care ruling. he raised $5 million or more from small donors. that is where he was weak. he was always strong with large sized and medium sized donors. romney is a good fund-raiser. he done well w in small settings. people like him when he works the room in slows closed-door settings. when he won the primary he was able to work doing so. he has raised his money for the his campaign and romney

victory effort which is separate joint fund-raising committee for money to be dispersed throughout the states. for the republican national committee he is now in a sense the chief fund-raiser and raising millions of dollars to them. he has a lot of money to spend. president barack obama had a huge head start. he has a lot more money in the bank to run television ads. the bulk of romney's money will not be available to him until he actual declared nominee at the republican convince. the president still has an edge here. this shows that romney is not going to be a weak, underfunded candidate the same way john mccain was in 2008. jon: but at the same time, the president is in some respects turning the fund raising disparity or trying to turn it to his advantage. he is sending out pleas. he made that plea from air force one in a phone call saying hey you have to cough up money. mitt romney is outraising me. >> jon, this is always a fine line. if you look like you're weak

might discourage people from giving. nobody wants to bet on losing horse. nobody wants to give an effort going nowhere. on the other hand if it looks like you're doing fine. sometime supporters get complacent. he doesn't need my money. he has plenty. you're trying to find ways to motivate your base and excite them on the other hand you don't want them to take for granted you have plenty of money. i think the president is doing what he can to use the circumstances to his advantage. let's not forget he has been raising millions and millions of dollars going back into 2011 when republicans including mitt romney were fighting out out in a presidential primary. president has dozens of field offices and boots on the ground in key battleground states. the romney campaign has to catch up and ramp up. the president in millions of dollars in attacked as up in key swing states. mitt romney will have to catch up there. this is really good sign for romney that he has come out of the gate raising lots of money. he is going to need it. if he loses this race it won't be because he doesn't have enough money.

but we shouldn't overstate the advantage. i think the president here is still in a good position. >> right. and as you pointed out earlier i mean mitt romney was taking on his republican challengers for a long time. president obama was able to the sit on whatever contributions he had. so he has had, what, $100 million head start in funding. >> yeah. if that. and it's where he was able to put it. he was able to get his campaign and his nationwide infrastructure up and running so that by the time mitt romney was the nominee, the president already had a full architecture to combat the romney campaign. that doesn't mean romney can't win or shouldn't win if the circumstances allow. challenger candidates have won from time to time. it's been a regular occurrence. so it would be no excuse. and clearly, the romney fund-raising machine is really good. i've talked to republicans in washington who, themselves have been rather astonished at the ability of mitt romney to raise money and so quickly.

i would expect that to continue to because people now believe that he can win. there was, i think early in the campaign a concern that he just couldn't get it done. i don't know that they're sold that he is going to win. i don't think they are but they believe it is possible. when a challenger's supporters believe that it's possible there are more willing to give. i think it will be a fair fight. i think the president will still end up outraising mitt roll any when we tally up numbers at end of the day but is it going to be enough. jon: power of incumbency is worth a lot. david drucker from "roll call." thank you. >> thanks a lot. jenna: a hot pursuit in the state capitol of the country. why this suspect was on the run and what he told police right before he took off. we'll also show you how it ended. oh, that might be part of it. jon: a pit maneuver. jenna: financial fears in overdrive. why one prominent economist believes next year could be the perfect storm for a crisis worse than anything

we've seen before. really? what our you need to know and our economic roundtable weighs in just ahead. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jon: right now new info on some crime stories we're keeping an eye on. a los angeles teacher suspected child molestation leads police on a dramatic car chase. it finally ended when the driver veered off the road, flew over a hill and landed in a tree. a medical sales representative eye voids jail time after blowing off jury duty. instead he will pay $1,000 fine and write an essay for potential jurors about the importance of serving. in missouri, prosecutors are trying to decide whether to bring charges against an alleged serial hugger. this after three dozen women reported unwanted embraces by the unidentified man. one newspaper is identifying

him only as jack the gripper. and john wayne embracey. jenna: ask permission first. jon: he apparently tricks them into hugs. they're trying to decide whether it's legal or not. jenna: if you don't have enough to worry about, there is that story. jon: there is that. jenna: well, then there's this. this is really no laughing matter. a world famous economist who forecast the financial crisis says next year could be worse than anything we've seen. in fact nouriel roubini also known by the way as dr. doom, is predicting a economic storm of after economic problems. double-dip recession is rising, eurozone collapse is increasing and time and tools needed to fix our economy are simply running out of the his suggestion to you is batten down the hatches. is this true? joining us now, mark madsen, founder and yo of madsen money and author of main street money. there is his book.

matt mccall from penn financial group. and patricia powell, founder and ceo of powell financial group. quite a forecast from dr. doom, team. we'll have to work through this. pat, double-dip recession next year? >> i don't think it technically qualifies as a double-dip but dr. roubini should know that a word about dr. roubini he keeps predicting over and over everything bad. if you go back to his 2009 writings on the day the market bottomed you would have been out of the market and you wouldn't have had a single dollar recovering with this wonderful expansion that we've had. so dr. roubini has to be a little careful. jenna: we'll see, mark, because that's now. if things get much worse maybe he would have been right with predictions in 2009. that is tough about predictions. we're seeing a whole bunch of earnings reports come out from companies, that is like their report cards. you can sift through them and see what things look like. what are they telling you? >> the thing about forecasting and predicting

future is this, nobody can do it. that is what is so dangerous to investors. a big part of my job is to protect main street investors from prognosticators and forecasters to piggyback on what pat said, roubini said stock market bulls have got it wrong in april 2009, right after he said that, the s&p is up 90%. small stocks are up 100%. and emerging market stocks are up 107. jenna: so you think it will get better? what do you think, mark, is it getting better, not worse? >> here is what i want main street to investors to think about. equities are the best long term creation wealth tool known to mankind but they are a 20-year-old hold. anyone that tells you they can predict the next 20% is either lying or delusional. next 100% is up. don't try to fall into that to try to predict what is coming next. jenna: matt, bring us down-to-earth a little it about. we're getting into stock traders and we're not all traders. matt, what do you really think about next year? >> i think next year will be really much better than

anybody is predicting especially dr. doom. dr. roubini, like pat said, like a broken clock. right twice a day. bearish on economy over a decade. eventually you will be right. my view in 2013, everybody is freaked out. from the average investor to a lot of professionals right now believe the perfect storm is upon us. the problem is they're not looking at the bigger picture. the bigger picture this perfect storm has been upon us for years. what we have is the federal reserve keeps coming in do what is called quantitative easing, qe1, qe2. qe3 is coming. bank of china. everybody worried about what about china slowing down. they're still growing over 7%. europe is not falling apart. are they in trouble? they sure are. i think they get through that. if we get through all the things i just mentioned we have a robust economy that could last for the next couple years. jenna: pat, what does that actually look like though, when we talk about the federal reserve? one of the things some economists have brought up is that we are running out of some tools from

policymakers. so pat, what does it look like if the federal reserve does more? does that mean 0%30-year mortgages? what does that look like? >> i don't think we get there. i think the federal reserve is purchase out of bullets. qe3 will be a nonevent. like a soldier runing into battle with a bayonet instead of all his ammunition. the fed on monetary policy i think is basically done. that doesn't mean we have other policy tools. fiscal policy matters and tax related policies lake what we've done in the department of labor and the epa holding up of pipelines. destroying of jobs. all of those things matter. but i think it matters, the focus will have to switch from what the fed can do or can't do to what washington can or can't do. and i remain hopeful right now. jenna: markings maybe we're not looking far enough into the future. for next year y'all seem optimistic about it. that is fine. everyone is entitled to their own opinion.

what about the effects of this five, 10 years from now? are we talking about huge inflation? are we talking about another crisis we have to worry about? is there ever smooth sailing in the future? >> no. >> well, a lot of people i equate this back to the gym my carter days, '73, '74 was disasterous. everyone thought this thing couldn't turn around. economy was absolute dismal. it took jimmy carter to ronald reagan. might take obama to get to romney. hopefully he could expand the economy like reagan did. if we get a new president and conservative house in congress, what we could do is have reduced taxes reduced regulation, expansion ever the economy. things can turn around much faster than most people can imagine. >> everybody keeps talking about the economy and government and politics. look at corporations. corporations in the united states in the first quarter had their best profits ever. corporations are doing pretty good. unfortunately --. jenna: matt, you've to bring --. jenna: i have to stop you guys there. i will have you come all

back to debate this further. certainly we need more time. thank you to you all for the time today. we'll be right back more "happening now." and focus on the things that matter to you.

jenna: well, right now new york city police are following up on a surprising lead in what's been a very cold case. the woman on your screen is sarah fox. eight years ago she was a student at julliard, and she was murdered. her killer was never found, it was a mystery that really rocked this city. now investigators have a dna

match from an unlikely place. a sample found near fox's body matches dna found on chains used by occupy wall street protesters earlier this year. what's the connection? it's something that we're taking a closer look at with julie banderas. >> reporter: for years occupy wall street protesters have disrupted cities nationwide, but now the group may be connect today a murder here in new york city. officials have linked dna evidence in the 2004 murder of a julliard student to the scene of a recent subway vandalism. eight years ago 21-year-old sarah fox was found nude and strangled in inwood hill park, days after she disappeared while she was jogging. now investigators are saying that dna found on her cd player which was recovered in the woods found near her body matched dna found on a chain left by occupy wall street protesters at a subway station in brooklyn in march of 2012. now, the protesters had been

there demonstrating against transit fare hikes and service cuts. sources say they have not yet connected an actual person to the dna found on that cd player and the chain. they have also not confirmed the dna actually belongs to one of those occupy wall street protesters, it was simply just found on the chain at the scene of one of their demonstrations. meantime, police continue to investigate. they are now trying to identify the actual source of the dna found in common with the chain and the cd player. so this investigation continues with startling information coming out today. jenna: hopefully one step closer to solving that mystery. julie, thank you. >> reporter: sure. jon: right now lawmakers in the house are getting ready to vote on repealing president obama's health care overhaul law. just hours from now the republican majority expected to pass the measure with support from a handful of democrats. any measure they pass is probably dead on arrival in the

democratic democratically-controls senate, but that is not stopping republicans from arguing that the law poses a threat to the economy. let's get into a fair and balanced debate is mary catherine hamm, ryan clayton is a democratic campaign consultant. mary catherine, to you first. this thing is settled law now. the supreme court says it's okay, so why bring it up again? republicans have tried to repeal it before, and it has never succeeded. >> yeah. i mean, this is part of their goal. this is the democratic process. it was passed, but 52-53% of the american people consistently are partly for repeal or for entirely having the thing repealed. and, look, repeal is not so extreme. i'll explain why. the president himself and the democratic house at times have actually been in favor of repealing different parts of the affordable care act because the

class act and the 1099 revision or reporting requirements were so onerous and so badly written that they had to be onboard with repealing them themself. so this is what happens when you pass a giant piece of legislation. there are parts of it that don't work, and there are many american people who are afraid of what's going to happen, and it'll be one of the most -- it actually will be more bipartisan than any vote to pass the thing if several democrats get onboard. so there you have it. jon: ryan, yes, the supreme court said it's settled law, it's okay for this thing to stand, but the chief justice who wrote the majority opinion said it's not necessarily our job to decide whether this thing is any good or not, we just decided that it is legal to uphold it. what's your response? >> i mean, do republicans really want to go into an election year arguing that they want to bring back pre-existing conditions? do they really want to argue that women should pay more than men for the exact same health

care, kick 20-year-olds off their parents' health insurance? these are things obamacare fixed. it's why they passed the law and why the supreme court upheld it, and if they do some research, it's also why their candidate for president test marketed this law when he was governor of massachusetts. jon: all right. so, mary katherine, what about it? there are some things about this law that people like. >> yeah, there are some things that people like. i think many people concede that. but it's, you know, a $900 billion to trillion dollar bill, and you have to answer for whether it's working. it hasn't worked thus far. premiums have gone up, people are afraid of losing doctors, doctors are saying, look, if you dump 15 million more people on medicaid, we're already not able to treat all the people there. so giving people a giant bill with a little card saying the government's helping them to get care does not mean you're helping solve problems. look, if people, if people's problems -- ryan, if people's problems were solved, 53% of them wouldn't be for repeal of

all or part of this bill. you have to answer for that. you can say a couple parts are good. i can also say that the whole thing is a giant boondoggle, and if it's not going to work for people, they should have the right to address it. jon: ryan, i heard your point -- >> they should be able to see a doctor, you know? i think it's that simple. i don't know why republicans are standing on the other side of obamacare -- >> well, they're standing with 53% of americans. jon: before the law, ryan, emergency rooms, for instance, were required to see anyone who showed up at their door. it's not like people were being denied all access to health care just because they didn't have health insurance. >> i agree. but i also think preventive care is something everyone should have access to. if your neighbor or kid's sick, they want to be able to go to a doctor if they're hurt or sick. i don't know why republicans keep standing in front of this law that most americans want. jon: but as mary katherine pointed out, the polls have been

largely against, i mean, obamacare and the numbers have been growing of those opposed to it since the thing was passed, ryan. >> well, republicans are standing on the wrong side of history because many years from now, obamacare will still be the law of the land, and millions of people will be free of the oppressive burden of injury and disease, and that's what this law's about, it's about freedom, freedom from the threat that an illness will bankrupt your family. jon: final thought from mary katherine. go ahead. >> i would like to be free of the, you know, thousands of bureaucrats they're going to add to the health care system to actually write what's in the law. ryan can't tell you what's going to happen to the millions of the people that the cbo has said will lose their employer-based health care, the bureaucrats are still writing the law. just because you pass a giant law doesn't mean you have succeeded in solving problems. they have the right to address this. 70% -- jon: okay.

>> i think the best polling numbers on health care are for modest changes, not this giant thing that they passed that nobody likes. jon: mary katherine ham and ryan clayton, thank you both. jenna: a crash landing for a group of tourists. what brought this hot air balloon down and how the folks inside the basket are doing today. we'll tell you the story next. ♪ don't our dogs deserve to eat fresher less processed foods introducing freshpet vital recipes so fresh the only preservative we use is the fridge freshpet fresh food for fido ♪ i hear you... ♪ rocky mountain high ♪ rocky, rocky mountain high ♪

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jenna: well, just in from capitol hill, house lawmakers are outraged over recent national security leaks expressing some concern about what those leaks mean for our safety right now and what they could potentially signal to our allies as well as our enemies. chief intelligence correspondent catherine herridge is live in washington with more on this. what are we learning this morning? >> reporter: well, thank you. house staffers tell fox news that this morning's developments came out of the blue. there appears to be bipartisan support for the house judiciary committee to do its own investigation of the leaks and

to use subpoena power to call witnesses. >> we can, we have our own investigative capacity, and so why don't, why don't we inquire ourselves? we also have the regular power of subpoena if there's somebody he thinks we ought to talk to, we should talk to them. >> reporter: referring directly to "the new york times"' leak about the cyber war against iran, republican congressman dan lundgren said the committee should start using its subpoena power and start with senior administration officials in the situation room. -and-a-half this could be a -- jenna: this could be a big issue, especially before the election. so how quickly does the committee want the investigation to wrap up? >> reporter: well, republican lamar alexander says it should wrap by november, and if it doesn't, then politics is the listen. >> we can judge whether the

administration is willing to conduct a serious and objective investigation by considering two factors: one, whether they will hold administration officials responsible and, two, whether the investigation is completed before the general election. >> reporter: attorney general holder has appointed two u.s. attorneys, one to the iran leak, the other to the al-qaeda mole leak. there is no investigation on the president's kill or capture list, jenna, and there's also no public timetable for when these investigations will conclude. jenna: a very important story for all of us, catherine. thank you. >> reporter: you're welcome. jon: remember the panic onboard the plane as a pilot had sort of a meltdown in the cockpit and then in the aisles? well, now there's new information on what might have sparked his frightening tirade about religion, terrorism and bringing down that plane.

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jenna: we wanted to show you this video of a hot air balloon making quite a crash landing in arizona. it went down in scottsdale because of strong winds. you can see the basket hitting the ground, but it doesn't stop there. it sort of drags along in the dirt. a group of tourists from canada were onboard. fortunately, no one was hurt, but surely some scary moments there. >> oh, my god! jon: we've got israel, we've got iraq. remember those tense moments during that jetblue pilot's breakdown aboard a plane back in march? now, new documents from his trial reveal that a psychologist testified the pilot had a,

quote, brief psychotic disorder due to lack of sleep. earlier this month a judge ruled that the pilot, clayton osbon, is not guilty by reason of insanity on charges of interfering with a flight crew. let's talk about it with the former chief spokesperson for the faa and vice president of gephardt government affairs. scott, the suggestion is that this psychologist's testimony went a long way toward getting this guy a not guilty verdict. the psychologist says lack of sleep caused that outbreak? how -- have you heard of that before in the aviation world? >> well, yeah, you know, unfortunately, you do hear about this quite often. and, you know, if, jon, just going back a year ago fatigue was cite inside a crash as well where pilots were not well rested, they did not report to work fit for duty, and they made some major mistakes up there. here, you know, i don't know

much about this case and, obviously, the psychologist made a pretty good argument, but, yeah, fatigue is a big problem. i think, you know, at the end of the day pilots need to report to duty ready to fly, fit for duty, so to speak. jon: but the faa has recently changed the rules to give pilots more rest time in between flights, right? >> correct. and i think these new rules that are coming out, they don't go into effect for a couple of years, but the carriers have already adopted probably some of the most science-based research on how do they make sure that their pilots are getting enough rest. so you may have all the rules in the world, jon, but if that pilot is not resting when he should be resting, i don't know how you handle that. jon: yeah, that's the thing. it's personal responsibility only part of the pilots to get the rest they need before they make these flights, isn't it? >> oh, absolutely. and i think that's kind of where the carriers need to step in, and i don't know how you insure that your pilots are getting the rest they need. i mean, you can't, you know, put them into the sleep pod in the

office or you can't monitor making sure they're getting enough sleep, but again it comes back to that personal responsibility argument. jon: i don't know. you know, when i don't get enough sleep, jenna sees me yawning in commercial breaks, but i don't go on a rant about iraq and bringing down the airplane, and we're all going to die, that kind of thing. it just seems a little off. >> it does seem a little off and, again, you know, without knowing off the specifics of the trial and, you know, clearly i'm not a psychologist, i'm not a doctor here. but there's some issues that were going on with this guy, and i'm sure fatigue may have contribute today that, but, you know, i think overall we're getting better in how we handle pilots. i think the new rules kind of take into account are you a long-haul pilot, and i think you're going to get some better results from that. jon: isn't part of the problem pilots and flight crews basically get free transportation to their duty station, so they can live in los angeles and be flying out of new york if they want to be, and as long as they get to new york on

time for their flight, they're okay. isn't that part of the problem? >> i think it is. and can, you know, that's kind of one of the luxury luxuries and one of the benefits of our system today is where pilots can live in less expensive areas. a lot of these carriers are based in big cities, you know, san francisco, new york, chicago. the cost of living's pretty high, and a lot of pilots aren't making a lot of money, so they do have the alternative to be flying from other locales. but for some of those folks who are flying cross country or flying overnight flights, that's a big problem. again, same problem we saw in the flight last year, arrived first thing in the morning and didn't fly until 9:00 that night. that's not a good recipe there. but i think these new rules do take into account some of what they call deadheading or transportation time when they are just passengers flying on the plane. jon: scott brenner, good to have your expertise. thank you. >> thanks, jon. jenna: after a serious of attack -- series of attacks on

governor romney and bain capital, president obama is still neck and neck. why is that? we're going to take a closer look at the polls right after the break. ♪ ♪ ♪ [ male announcer ] what's the point of an epa estimated 42 miles per gallon if the miles aren't interesting? the lexus ct hybrid. this is the pursuit of perfection. ...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ ...so what does it mean for you and your family? [ female announcer ] you've earned the facts. ♪ washington may not like straight talk, but i do. [ female announcer ] and you've earned a say. get the facts

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jon: a fox news alert for you now, we are awaiting a final vote in the house on a bill that would repeal president obama's health care law. i'm jon scott. jenna: hi, everybody, i'm jenna lee, and the vote will take place after a final debate set to get underway. earlier several house members stock to the floor to -- took to the floor to speak about the vote, some of them very passionate about this issue. here's virginia republican randy forbes. >> and because one more justice believed it was constitutional than the four that believed it was not constitutional, our friends on the other side of the aisle believe that we should now step back and do nothing and just allow this health tax to be imposed on the american people. well, we reject that suggestion. and the reason we do is because today the number one issue in the american people's minds is the economy, and the number one

concern they have about the economy is the loss of their jobs. jenna: well, everyone gets a turn though. jon: yep. jenna: you also have democrats. texas democrat al green also getting worked up, mocking the republican plan. take a listen. >> mr. speaker, i hold in my left hand a copy of the affordable care act. i hold in my right hand the replacement bill that my colleagues across the aisle have been talking about. this bill has passed the congress of the united states of america. it is more than 2,000 pages. it was condemned for being too long. which may explain the size of this bill. jon: we are going to be keeping an eye on the house as the debate resumes and we get closer to a final vote. to put today's repeal vote into context, there already have been 32 votes since january of 2011 to get rid of all or part of the

affordable care act as it's known. today will be the 33rd. house republicans announced today's vote on june 28th, the same day the supreme court released its ruling on the health care law. the final floor vote is scheduled to take place this afternoon by 4 p.m. or so. it's expected to pass, but the bill is unlikely to advance to the senate where democrats are in the majority. the senate rejected a similar effort in february 2011. the next provision of the health care law kicks in on september 23rd, that's when all private health insurance providers must submit a uniform summary of benefits and coverage under their plans. jenna: well, just a short time ago governor mitt romney wrapping up his address to the national convention of the naacp in houston. the governor telling the crude that -- telling the crude that equality of opportunity in america is a work in progress. >> if equal opportunity in america were an accomplished fact, then a chronically bad

economy would be equally bad for everyone. instead it's worse for african-americans in almost every way. the unemployment rate, the duration of unemployment, average income, median family wealth are all worse in the black community. jenna: lots of reaction to what governor romney had to say from the crowd. there were some boos when he said he would repeal the president's health care overhaul and when he criticized the president directly, but he also had some applause when he was talking about the economy. mr. romney went on to argue that his presidency will give everyone the same chance at success by strengthening families as well as free enterprise. jon: right now another american city declaring bankruptcy. san bernardino joining a growing list in the golden state, becoming the third california city to go financially belly up in less than a month. san bernardino facing a $46 million deficit, and its money on hand might not last through the summer.

claudia cowan live in san francisco with a look at that. >> reporter: jon, stockton led the way last month after officials could not reach a deal with the city's creditors, then the ski town of mammoth lakes came crashing down on the fourth of july after it failed to make good on a $43 million judgment. and last night at an emergency city council meeting, san bernardino became the latest to vote for bankruptcy protection. the southern california city of 200,000 faces a $46 million budget gap. it's already stopped paying some vendors and may not be able to make payroll through the summer. it was a tense city council meeting. one council member who abstained from the vote said, quote: the taxpayers of this city have been duped, hoodwinked and misguided for the past several years. people seemed resigned to the city's fate. >> another city in california is going down. a reorganization, whatever you say, is bankruptcy. credit rating going down, contracts are wide open, everything's open now.

>> they had no choice but to vote the way they did. the reorganization will probably help, you know? they have no, they have no other avenue. >> i've lived here all my life, and to see that we've, we're down this road, it hurts. >> reporter: city officials blame rising payrolls and depleted reservessal exacerbated by declining tax revenues. it thrived during the housing boom but suffered accordingly after the crash. it is only through bankruptcy that these communities can renegotiate contracts with employees, generous health benefits and retirement plans that have caused expenses to skyrocket. jon: and the mess continues. claudia cowan, thanks. jenna: from san francisco out to ohio now, we have a fox news alert on this story where firefighters spent the night following a massive explosion caused by a train derailment in

columbus. the blast forcing families living near these tracks to leave their homes, and now we're learning a little bit more about the cargo on that train. mike tobin is live in chicago with more. mike? >> reporter: and, jenna, the good news is that firefighters now expect to have this fire knocked down within the next couple of hours. the fire has mostly been limited to three cars, 30,000 gallons each that were filled with ethanol or d-natured alcohol that burns without toxicity. the fire also reached a few other cars. there was some concern that the fire could reach cars containing sty lean, producing a nerve agent when it burns, but the haat crews were able to get those cars away from the bulk of the fire. they expect it to burn down within the next few hours, people are starting to get moved back into the evacuation zone. we reported that a couple of people were injured as a result of the train derailment and fire, we now know those injuries

are considered minor. jenna: you can see how close buildings are to the tracks, and it raises a really important question about, you know, what type of chemicals are some of these trains carrying, you know, right through some towns and neighborhoods in our country. >> reporter: a lot of nasty stuff rolls over the rails, things like ammonia and chlorine gas comes in over the rails, and the catch is your local emergency crews don't know about it until there is an accident. only the railroads are required to know. now, the federal railroad administration says if this information were to be made public, you'd start to get into a national security threat, and that's because terrorists could learn about this stuff and target the rail cars. your critics say they already know about it, sometimes it's posted along the side, and the way things stand right now, your hazmat teams, first responders don't know anything about this until there's an accident. jenna: wow, interesting. mike, thank you. >> reporter: you've got it. jon: right now nine border patrol stations are on the chopping block. u.s. customs and border

protection says it wants to move resources to higher priority areas. critics, though, are outraged saying it will be a real blow to the system. julie banderas has the details from our breaking news desk. >> reporter: yeah, that's not all they're saying, and they are unhappy. patrols at our nation's borders are getting downsized if the obama administration has its way. the president wants to shut down nine border patrol stations across four states. the move, of course, getting major backlash from local law enforcement including border patrol agents themselves and members of congress. critics warn the closures will hamper efforts to intercept drug and human trafficking in highly-traveled corridors north of the u.s./mexican border. now, these stations are located throughout texas and three other states including idaho, montana and california. pretty significant borders, i might add. u.s. customs and border protection says it's closing the stations in order to reassign those agents to high priority

areas closer to the border. we'll keep a close eye on this one, jon. jon: julie banderas, thanks. jenna: up ahead, we're back to politics. new polls show the presidential race is in a dead heat. the president is hoping his attacks on governor romney's business experience will help him pull ahead, but is this strategy backfiring? we're going to talk a little bit more about that. and a miami-bound flight hitting extreme, extreme turbulence sending several people to the hospital. it's not the only midair scare to tell you about today. we have a live report just ahead. >> i thought we were going to die. we were going to die. we were going to die. it was scary. it was. 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

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jon: to the campaign trail, now, in america's election headquarters, and a new report that political ads attacking governor romney's business career may be backfiring on the obama campaign. according to an article in the national journal, the president's team has handily outspent romney and his allied super pacs pouring $ed $91 million. but for all that effort the numbers haven't moved much at all. and a look at the polls supports that premise. this recent survey showing the race neck and neck, 47% for each challenger in this, in this washington post/abc news poll. let's talk about it with charlie hurt, a columnist for the washington times. so the president is out there in his advertising, i guess, trying to make mitt romney seem like an unacceptable alternative to himself, trying to paint him as an out-of-touch rich guy who made a lot of money, is that essentially what they're trying

to do, charliesome. >> yeah, i think that's exactly right, jon. their goal here was to very early portray, you know, portray mitt romney in the light that they want to portray him in, and they've largely failed. there's been some containment of mitt romney's numbers, clearly, but the real problem for president obama is that his numbers are stuck in the 46, 47% range, which is very troubling. the other problem is that mitt romney's kind of surprised us all recently by outraising president obama who has been a fundraising juggernaut for the past four or, you know, five or six years really. you know, in his first campaign it was just astonishing, the busloads of money that he was able to raise. and so mitt romney's outraising him, and mitt romney really hasn't spent a lot of money at the level that the obama campaign has. and i think that's why, jon, you're now seeing a lot of very desperate attacks by the obama campaign and why the obama

campaign has gone with this very basic sort of class warfare attack on mitt romney which, you know, history shows doesn't usually work very well in american presidential elections. jon: let's take another look at that abc news/washington post poll results because there's some mixed news in it for the president. americans like the way he's handling foreign policy 47- okay, there's a tie between the two. but in foreign policy the president gets a small 47-44% advantage in the way he's handling it. most voters don't vote, though, on foreign policy. illegal immigration, an issue that hits closer to home, only 39% approve of what the president is doing. and on health care there's the number we were talking about earlier, 43% approve, 52% disapprove. so the president, charlie, has some negatives to overcome if he's going to win re-election. >> those are really terrible numbers, especially the health care number which, you know,

that's, you know, if there is an accomplishment that president obama is going to want to point to, it's going to be health care. and for him to have such a high disapproval rating in that area is devastating for him. but you're exactly right, jon, about, you know, president obama could have, like,ed 0% approval rating on foreign policy, and it wouldn't do him a bit of good because it's, like you say, people are going to be voting on the economy. the economy is in the doldrums, and it appears very likely that it's going to stay like that for a long time, unemployment is going to stay high, and if we're looking at the situation we have now on election day, president obama is going to have a very, very tough time. even if, you know, even if people don't love mitt romney, if people have decided that they're going to blame at least to a large degree the poor economy on the current administration and the current congress, barack obama has a, is going to have a real problem on election day.

jon: and the indications are that voters know president obama and the undecideds are still making up their mind about mitt romney, so that's going to be the focus of all the advertising in the months to come. charlie hurt from the washington times. >> thank you. jon: so house republicans about to cast yet another vote to try to repeal president obama's health care law. senate democrats say they are promising to block that. we'll discuss it with republican senator kelly ayotte who is frequently mentioned as a possible running mate for governor romney. she joins us live coming up. jenna: we'll look forward to talking to her. also some new developments in the death of this teenager, tyler madoff, who was in a kayak on an adventure tour in hawaii when a giant wave swept him out to sea. days later his family says they're considering a lawsuit. who is responsible for this tragedy? our legal panel weighs in. >> he was a strong summer, he was on the crew team, he was on the football team.

he touched everyone's lives, and if anyone should have been able to come out of that, it should have been tyler. almost tastes like one of jack's cereals. fiber one. uh, forgot jack's cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, this is pretty good. [ male announcer ] half a day's worth of fiber. fiber one.

jon: a rough night for passengers on a pair of flights that had severe problems in midair sending several people to the hospital, leaving hundreds of others badly shaken. julie banner banderas is live we latest. >> reporter: yeah, seven people hurt and hospitalized, jon. the cause of the first disturbance, turbulence. two flight attendants and a handful of passengers on an american airline flight were treated for minor injuries onboard a flight pound for miami. it left aruba yesterday afternoon, just 30 minutes into that flight they slammed into 15

seconds of severe turbulence, so severe it sent the crew and passengers flying about the cabin. >> i never felt something like that in the past. basically, with the noise and the bumps you just think that it's going down. >> you know, everybody's screaming, everybody is screaming. you see the people, you know, jumping down, up and down, and, you know, everybody freaked out. that's my first experience. i don't want to have it anymore. i start to cry, and a lot of people cry, you know, a woman keep crying. but everything is fine now. >> reporter: that is literally a passenger's worst nightmare, including my own. the passengers were treated at the gate, and the two flight attendants were taken to local hospitals. all will be okay, thank goodness. on a separate flight, listen to this, five people hospitalized after their rome-bound plane took off in north carolina and had to be diverted to

philadelphia. the passengers onboard us airways flight 720 fell ill after complaining of nausea. emergency croups were on the -- crews were on the ground waiting to transport them to a hospital. they have not released the cause of the sickness. airline reps have not released any comment. officials do say, however, no one was seriously hurt. so a couple bad flights for many passengers. fortunately, though, no serious injuries, jon. jon: they tell you to keep those seat belts on as much as possible during those flights. julie, thanks. >> reporter: sure. jenna: accusations of lying and plenty of finger pointing in the death of a teenager swept out to sea on a vacation in hawaii. 15-year-old tyler madoff was hiking with a group of other young adventurers when a wave pulled him in. tyler's parents blame the tour guide, specifically one guide, andrew moore, for warning or ignoring warnings about rough seas in the area. they say they're still having a really tough time finding out

what exactly happened to their son. >> i went and found this fellow on the beach, and i needed to speak to him eye to eye, and he told me something different than what the other people there had told me happened. so we weren't there. we don't know exactly what happened once these waves took these kids out. but our main reason for being here is the kids shouldn't have been there. they shouldn't have been on the shoreline. jenna: the madoffs are now considering a lawsuit. let's bring in joey jackson and fred tease, a former federal prosecutor. nice to have you both, i know you're both fathers as well. so our hearts go out to this family who lost their son in this incident, fred, and, you know, the guide that is mentioned, this guide, andrew mork, says that it was a freak accident. just from a legal perspective,

how do freak accident explanations play in court? >> that would be they don't. okay? because the reason why this freak accident ended up taking the life of this young son, this young boy -- and i say son because i know joey's go a 14 or 15-year-old son, i have a 15-year-old son, this case just chokes me up. the reason this boy got washed out to sea is, apparently, this guy, the mork guy, failed to follow the warnings he had been given. this kayak operator told him it was too dangerous to go. and another thing we've learned, we've heard of is the permit under which these people were operating didn't even permit them to cross across this part of the beach to a lighthouse where they were going. so this thing that was a freak accident, the law says if that's reasonably foreseeable -- and i think it was -- then i think these people have a problem. jenna: you know, joey, it's a little more complicated than just one tour group. there's the tour group this boy

was traveling with, bold earth, and then that tour group also had another tour group on the mainland, on the island called hawaii pack and paddle, and apparently, there was some disagreement, and we don't really know. the story's very sketchy about what the locals were telling the guide that was bringing these kids on this trip. joey, you send your kid probably to camp, you know, you have to sign these waivers to say they can do certain things. do you think this could be a factor here, that the parents ghei permission for this -- gave permission for this young boy to take this trip, and that could complicate some of their legal efforts now? >> it certainly could. and as you said, your heart really goes out. this is unfathomable, no parent should have to endure this, and it's tragic. you know, i just don't know what to say. but in terms of the legal consequences here, there are a few things. one you put your finger on, is that is an exculpatory clause. generally speaking, when there could be a heightened danger, you do sign a waiver, and that

waiver is known in legal circles as an exculpatory clause. the second issue here, jenna, is an assumption of risk issue. and whenever you enter into something that is known to be dangerous, you assume some type of risk. and the third issue legally for them to overcome will beod. and that is if you look at the video where the two tour guides try to describe what happened, they talk about waves that just came from nowhere, just all of a sudden, and they just went deeply upon the shore and just pulled everyone out. so while it's tragic by every means, what happens in tort law, jenna, to conclude, is the risk perceived is the duty to define. if it is unforeseeable that this event would occur and it is, indeed, an act of god, then liability would be tough to attach. jenna: interesting. fred, what kind of charges do you think could be brought despite that? >> no, joey -- well, it's going to be a wrongful death case, you know? and the theory's going to be that these people owed this child a duty of care to take

care of him. they owed him a duty, they were supposed to act in certain ways, and joey raises very good points. that's what we have to do sometimes as lawyers, we have of to look at the law in a vacuum and put our emotions aside. but putting all that aside, there are things in this case that i think are going to help the parents if they ultimately decide to go forward with their litigation, and that is that apparently the allegations are that this guy, mork, lied about whether or not he had been told that it was too dangerous to go out there that night. someone, apparently, is going to come in and testify that he told him not to go out there. and lying about that stuff is an evidence of a consciousness of guilt. and on an assumed risk, just real quickly, how is a 15-year-old boy from westchester supposed to know what the risks are on being on the west shore of the big island of hawaii? we look to these people to protect our children. jenna: really quickly, joey, we mentioned andrew mork, again, one tour guide, but there were several adults there. does it come down to a case of one individual, are we talking about these two tour groups?

all the adults around? >> you know what, jenna? it always turns on the facts, and fred points to an issue, and that issue relates to something we know in the law as notice. if there was no base -- basis for them to be there, then it sort of negates my arguments when i was talking about assuming the risk and, you know, an act of god and that type of thing. but i think the act of god argument is going to be the most viable one here and how were they to know that these two waves would come and whisk everybody out. so i hope, you know, it's just, it's a tough one. jenna: it is a tough one, joey and fred. hopefully, you know, what comes out of this is that other kids are not put in a dangerous situation, and there's an abundance of caution -- >> exactly. jenna: joey and fred, thanks for the time. >> great to see you, jenna. jon: well, teenagers in one city are fighting for their right to vote. a push to lower the voting age, passing a major hurdle. we'll tell you about that. plus, awaiting a vote in the

house to repeal the health care law. top democrats are weighing in even as some of their own members might cross the aisle. breaking developments and another picture of the capitol building coming up. [ humming ] [ male announcer ] kraft macaroni & cheese. you know you love it. not financially so we switched to the barin detergent but i found myself using three times more than you're supposed to, and the clothes still weren't as clean as with tide. so, we're back to tide. they're cuter in clean clothes. thanks honey yeah you suck at folding this is a test. of the bargain brand. visit facebook.com/tide to learn about special offers that's my tide. what's yours? doing laundry is classic problem solving. kids make stains, i use tide boost to supercharge our detergent

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jenna: the house is gearing up for a final round of debate on republican bills to repeal the health care law. right now we are waiting for things to get underway. a top democrat is holding a news

conference protecting the bill. is that a live look? there is a live look of the press conference nancy pelosi, about the vote today. today's vote is largely symbolic. the bill has little chance of passing in its current form in the senate. republicans insist the health care law is bad medicine for your help and for the economy overall. less than one every member of the house on the record this election year. after the supreme court ruling. the law does allow because the individual mandate is essentially a tax. jon: there is where the obama administration might begin suing sanctuary cities to help the feds deport illegal aliens. the washington times reports ahead of u.s. immigration and customs enforcement director john morton is acting attorney general eric holder to take legal action against the city of chicago. i.c.e. wants chicago, president

obama's hometown, to hand over illegal immigrants being held in jail. but the county stopped cooperating with federal immigration agents several years ago. this comes after the justice department sued states like arizona and want to enforce federal immigration laws on their own. jenna: it is a tougher minor, but it is the truth. we build out banks and financial firms. that is the one thing we did. now they are going to put a tax on every single stock trade. proponents say that the wall street to pay the money back to the government. so far, the president is not getting behind the robin hood tax, but it is an idea. everyone is looking for money somewhere, william, because you have that big debt and deficits gillett. >> yes, and there's a lot of money here. what you are making has surprised some supporters of the president, that he would be among the first for a financial

transaction. on the other hand, remember the president has commented on the wall street money in 2008, and continues to have multiple fundraisers with some of the countries that fatcats. in backing this robin hood tax, along with the sl cio and the national nurses union, it might damage their efforts. the bill is sponsored by tom harkin and peter boccaccio. it would impose a tax of just 3 cents of every $100 of financial trade. it would cost the average investor less than a dollar a year while reducing reckless trading that increases market volatility. >> it is .03%, but it will still generate about $35 billion a year in income, income that could be used to rebuild the economy and infrastructure and other investments or money that could be used to help defray our

deficit. reporter: these as i'm going to show you right now with bill my and ben kingsley make the case that you can get really big money from these targeted speculative wall street guys in a very small price for everybody else. but opponents say the financial transaction tax would not reduce the high frequency trading butts on those people offshore. >> they recognize that the text was there to raise money. this is really not a regulatory change in this. all this really is is an attempt to reach into someone's pocket and extract more tax money. >> union support will eventually get onboard with them. we know recently the president was quoted as saying, let's do it, but was talked out of it by one of his aides. however, this does raise more money than attacks on the 250 and above and as the election gets closer, supporters believe

that the contrast, we will see what mitt romney, you want to make this global promise of the guys can go from the u.s. and all their trading in london, let's say, but again from the president has not the kind that even though there is some evidence that he does supported in theory. jenna: we will keep an eye on it. it would be tough logistically, i would think. there is always a way. william, they do. >> you bet. jon: a group of teenagers is standing up and demanding to be counted. 17-year-olds from lowell, massachusetts, are pushing to get the voting age were city elections lowered from 18 to 17. molly explains from our boston bureau. >> exactly. in this age of voter apathy, these teenagers are fighting for the right to vote because they don't have it and they'd won it.

they are concerned about what is happening in their own home town of lowell, massachusetts. essentially what they want to do is have a say in the school committee and city council. to make this happen, they are talking with state legislators and pulling and local leadership as well. they understand that they will be 18 before they know it and they expect to pursue an education and career, in the meantime, they want to leave a legacy of civic engagement behind. >> this is something that we want to do and something that would be beneficial for us to start now, to start off the whole voting thing and wash the whole culture of disengagement. reporter: the right to vote at 17 years old in the lowell massachusetts elections is not easy for the teenagers had to overcome concerns expressed by the secretary of states office about constitutionality. this initiative still has to be approved by the state house, senate, signed by the governor and then the measure comes back

to massachusetts where there would be a citywide referendum in 2013. teenagers are arguing support, especially from the mayor and state senator eileen donoghue who praises the teenagers were fighting for something that many people take for granted. >> for a number of years, many of us bemoan the fact that nobody comes out to vote and there is a low voter turnout and apathy. it was really refreshing to have young people say let us vote. reporter: only 65% of americans are registered to vote. in the 2010 midterm elections, a 45% portion of those voters showed up. 45% of them are registered to vote in just the 21% showed up to them interpret a lot of people are not taking advantage of this right, and they want to get before they turn 18. i'm hoping for some action by the end of the month. jon: molly line reporting from

boston. take you, molly. a woman often mentioned a possible running mate to mitt romney. senator kelly ayotte joins me with your take on that health care repeal vote. jenna: plus, it's not just the one for winter or just a warning for children anymore. what you need to know about a new outbreak of whooping cough. next. okay, team! after age 40, we can start losing muscle --

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jon: a fox news alert. as we mentioned, house republicans are moving towards another vote to repeal the health care overhaul. republican leaders are calling today's bill a rejection of an unpopular law, saying it would block attacks on the tax. if it passes the house, and assuming it well, what happens in the senate? >> we will talk about that now with senator kelly ayotte, a

republican on the senate budget committee. the house has passed another of rejections and repeals of the health care law. they have gone nowhere in the senate, what happens to this one? >> i think unfortunately harry reid will block the ability of this to go forward in the senate. and we don't have enough votes right now among republicans -- all republicans will vote to repeal, but harry reid will block a vote on that. this is a very important out of the house when you think about this bill. essentially it is driving health care costs in the wrong direction. people can't afford it. it is less choice for individuals and it is hurting our economy. i had a restaurant owner tommy in new hampshire that he wants to open another restaurant, but it's not going to do it because he's worried that he will exceed the cost of employees. some americans are cynical about the work of congress and congress' popularity ratings are down around nine or 10% level. some people say that having the house spin its wheels and pass

another rejection of health care when it is not going to go anywhere in the senate, it is a waste of time. what you say? >> i think that certainly the democrats in the house should have to reaffirm that they are for a tax increase on the middle class, and reaffirm their support for this bill now that they know that the supreme court has found it to be a tax. the individual mandate. we also know that there is a whole lot of other taxes in that bill that would make health care and other aspects of the port ability. jon: at the senate were to vote on it, are you confident that the law would be upheld? in other words, might there be a democratic defector or two who might vote no? >> well, you know, even if there were some defectors, but hoped it would be because i think the american people that i don't like this bill -- they see it as a wrong way to go forward in addressing health care for america. maybe they would and that would

be another reason why harry reid doesn't want to vote on this. jon: talking about loud voices, you have been one of the critics of the sequestration. 500 billion-dollar cut to the pentagon budget that is coming up in january. when it was passed, as a way to get the debt ceiling raised. everybody thought, you know, it certainly couldn't have been because it was so absurd. now, january is not that far away, and it is looking like a restoration could be a real possibility. is that going to happen? >> is deeply troubling, i will be working on this issue. as secretary panetta said, it will be like shooting ourselves in the head. deeply troubling. also jobs because we have major defense employees, including lockheed saying that they're going to have to issue layoff notices over thousands of employees in this country, it could impact over a million jobs. i'm hopeful that we will get this resolved before the election. we can't put our national security at risk.

i voted against that deal from the beginning because i didn't think it was the right way to move forward in addressing our debt. we have to address our debt. we should not create a national security crisis on top of our fiscal crisis. jon: we couldn't help but notice that he spent much of the fourth of july with governor mitt romney, as he was campaigning there. you have been discussed as a potential running mate for mr. romney. would you take that job if offered, and where does it stand right now? >> well, john, it was certainly a great fourth of july parade. mitt and ann, we got a great response. i really focus on the issues that we talked about and i can tell you that when governor romney is elected president ,-com,-com ma he is going to need people like me in the senate to get our country on the right track in dealing with our debt in our economy. that is where my focuses in on this issue, i am flattered to be mentioned, but i enjoyed representing and think it is a

privilege to represent new hampshire in the senate. jon: you said when he is elected, are you confident he will win? >> i am. the american people have a choice in this election. it's a very fair choice. you can either go down the road with president obama and higher taxes, things like obamacare with less choice, and also greater debt, or we can get on the right track of fiscal responsibly, getting our economy moving, and really more choices to the american people. jon: new hampshire senator kelly ayotte come and a member of the budget committee. thank you. >> enqueue. jenna: it is contagious and can be deadly. it had young children and babies the hardest. the details about a dangerous new outbreak of whooping cough. statistics will really astound you. what you need to know to protect your family is coming up next

jenna: in july, it is shaping up to be a year for whooping cough. if you never heard it before, this is what it sounds like. brackone copping bracktwo jenna: it sounds like a regular cop, but a young infant can catch their breath. the contagious illness can be deadly as well, and for the centers of disease control are urging people to get vaccinated. we have a doctor with us. should i be vaccinated? >> you need to every 10 years. we try to make the vaccine safe in the '90s, and the stuff was not as effective. so we're getting a lot of breakthrough cases. >> according to its untended statistics that we are looking

at, we have more cases in july than we did for the entire year last year. why is this happening? why are we getting this outbreak? >> the vaccine was not that effective. number two, the infants to be protected need three doses. therefore, a lot of kids between zero and six years old are not safe. and it wears off red. jenna: when you think about a cop you think about winter. when you think about whooping cough come you think about infants. >> there are breakouts of these all around the country. you hear that woke up the sound. jenna: in certain areas of the country, we actually talked about whooping cough, now break in washington state. there are a few states where we are seeing a higher level of

whooping cough cases. is there a reason, is there an environmental reason for that, what would be? >> parents have not been getting kids vaccinated because of misguided fears of autism. and you have 5% of the kids spreading it around. you have immunity where you get enough immunizations were the thing doesn't last. then you have parents that refuse to vaccinate their kids, and it's hard. jenna: sure. some parents are not comfortable with that. where does the warning sign that in here that's going to the doctor and getting antibiotics? >> think of this as a hundredth of the cost. when you start getting a cough for a hundred days -- the kids get fever, he can even break his ribs because he is coughing so hard. in most health care health care professions, a recent study showed only 13% believe they

should get a vaccine. jenna: be your own advocate we met we need to get that out. jenna: it is already july and we are to talk about this. >> 15 million more will die from it be to wow. thank you so much for not, doctor. jon: that poor little baby coughing. it is so hard to watch. jenna: felt like we needed to show everyone what it looks like. jon: if you're sitting down on your couch watching us now, you might want to stand up. we willa explain. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8.

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