>> dave: an interesting debate, the women on the board of directors of companies hurt profits. a study says yes. we will debate that's going to be a break. >> clayton: thanks for good friends at sesame place. thanks to our good friend at assess emmy place -- fox -- >> this is a "fox news alert" and it won't be long before judge sonia sotomayor becomes justice sotomayor. you are looking live at the supreme court building in washington where in about an hour, she'll be sworn in as the new associate justice on the supreme court. >> >> jamie: and john roberts will administer the constitutional oath to the third female and the first hispanic member to sit on the nation's highest court, the first time in history that it will all be televised and fox news will televised and fox news will bring it to you live! captioning by, closed captioning services, inc. >> and the day is here for judge

sonia sotomayor, hello and welcome to a special edition of america's news headquarters from new york city, i'm rick folbaum. >> jamie: i'm jamie colby, great to have you with us on this exciting day and if you are tuning in for the cost of freedom, no worries it will air later today at 12:00 eastern and only one hour remains now, before judge sotomayor takes her oath and becomes the 111th supreme court justice, caroline shivley is live after the supreme court monitoring the excitement. hi, caroline. >> reporter: hey there, jamie. it an historic day today, becoming the first hispanic justice, on the supreme court, sonia sotomayor and also as you said the first time cameras will be inside the supreme court building and we'll get to see it broadcast live less than an hour from now and here's the breakdown of what we'll see at 11:00 local, first, sotomayor will take the constitutional oath administered by chief justice con robert and a private -- in a private ceremony and her family is allowed in for that and no cameras and that is the

oath all federal employees take and in the a public ceremony which we'll broadcast live when she takes the judicial oath and this is huge, because normally the closest you can get to a camera in the supreme court is where i am on the front steps and she's this first democratic nominee in 15 years and the senate confirmed her thursday 68-31 votes and most democrats say her career in the federal bench shows she's a moderate well within the mainstream and conservatives say she's a liberal that will bring her personal bias to the court. and court watchers will check out everything she says, a month from now, when the court takes up a finance case, a rare early hearing before the usual october start. they will analyze every question she asked, her vote and if she writes a portion of the ruling or dissent and justices usually take at least one of these oaths over at the white house, in the a very public ceremony, with the president, president obama chose not to go that way this time and most unusual, swearing in wanes 1994 with justice breyer and he said i want the job and want to

get going and drove out to chief justice rehnquist's vacation home in vermont and somebody got a bible and that he swore in and they called reporters an hour later and she'll get her chance at the white house next wednesday, a reception in her honor, back to you guys. >> jamie: caroline shivley, live on the steps, thanks so much. and, the supreme court's first full session with sotomayor will begin on october 5th. but, justice sotomayor will take her seat on the court in early september. that is when the justices meet for a rare early hearing. on a case that deals with campaign finance reform. joining me now on the phone, fox news correspondent shannon bream, who covers the supreme court for us, shannon thanks for joining us. i wanted to talk to you today a little bit about some of the key cases that will come up and, they'll come up quickly for the court. what does the justice have to look forward to. >> reporter: you mentioned the one early case we'll hear and it is interesting, it involves hillary clinton and a movie made about her, not a sflat flattering one, 90 business long

and has interview and campaign appearances and the folks who put out the movie and wanted to advertise it during the presidential primary season and, the federal election commission had issues with that in how the movie would be advertised and does it fall under campaign finance laws and restrictions and that kind of thing and fought it all the way to the supreme court and it has been heard and will be reheard on september 9th and that will be our first chance to see a then justice, sotomayor in ac with tough constitutional questions and issues. and another big case that comes up will deal with religious freedom and it involves a war memorial sitting out in the middle the mohave desert, in the middle of nowhere but in a form of a cross and has been there 75 years and there were some people who object to it saying it is a religious display on government property and congress stepped in and -- a number of times transferring the land to a private owner, one acre parcel where the cross sits, and so they can make sure it's not sitting on government land and there are a lot of sticky

questions there and of course the court will take that up in the next couple of months and, finally, this last one, will be interesting, because, judge sotomayor, soon to be justice has a strong criminal background, in working in criminal law as a prosecutor and involves whether or not teenagers, juveniles should be sentenced to life in prison without parole and go away at 15 or 16 and you're done and a couple of cases are coming out of florida and one involves a man, joe sullivan, who is 13 when he was involve with the crime and robbing and sexually assaulting the woman and she was put away for life, without parole. and he is no in his 30s and the case made it to the supreme court and will be interesting to see, because judge sotomayor has talked about the sympathy that she felt for victims and also, some of the people that she has had to sentence it will be interesting to see how she handles the case as well. >> jamie: and, also, you bring up the fact that she was a prosecutor. so, some of that life experience she has talked about may come into play there. as well, she served on the new

york city campaign finance review board and so on the first case you mentioned which is a -- of particular interest to many on the hill, to see where the case goes with the court. in replacingjustice souther, they may be on the same side of some issues but justice souter was considered quiet and is she seen and is this buzz she'll be a consensus builder and able to swing the only justice attending today, justice kennedy when it comes to some of these decisions? what are your thoughts. >> reporter: you make a good point because he is this all important point justice, so many times in the 5-4 decisions we have seen the last couple of terms and she has talked about the fact she finds herself to be persuasive when it comes to colleagues and being able to discuss issues and build a consensus. and that is so much a part of this job, as you know, i mean, you have nine justices who live in their own interesting world,

that is very cloistered and very tight and even though -- those who don't agree with each other are very, very close friends, and it will be interesting to see where she steps in and takes the role and how she uses her clerks and writing to persuade other and will be interesting to see how it unfolds and i can't wait to see her on the bench and though justice souter was probing and intelligent their temperaments were different and it will be interesting to see how week she weighs in and how aggressive her questioning is from the start. >> jamie: yeah, persuasive and persistent used to describe her often and before i let you go, she will not get to put on the robes today. do you know know why. >> today she'll get the oath that will let her dive into the mountains of material waiting for her to do things like hire clerks and get ready for the cases and her formal investiture ceremony is september 8th and she gets the robe and it is very formal and expect it at the

court with all of at ththe othe justices, and putting the formal ceremony off until everybody is from their international teaching and lecturing only gazes and any vacations they have, and, so, that formal part of the ceremony will keep her from getting to work, but will keep -- won't keep her from work but will keep her from getting the plaque robe for another month or so. >> jamie: we are watching this events and is so interesting, cameras inside and we'll bring it to you live, shannon briem, thank you very much. >> reporter: thanks, jamie. >> jamie: rick. >> more coverage coming up, on judge sotomayor's swearing-in later on today, but first the canada family has gathered at cape cod hospital in massachusetts, and they are there today to be at the bedside of eunice shriver, in critical condition, weakened by a series of strokes, she this is 5th of the 9 kennedy children and is best known for her work

establishing the special olympics, our thoughts are with the canada family. >> jamie: also today the autopsy results are in now on tv pitch man billy mays and show there was cocaine use, either caused or contributing to the heart disease, that the coroner says killed him. the 50-year-old had a heart attack in his sleep in late june and toxicology results also showed therapeutic amounts of several painkillers and anti-anxiety drugs. but, his family is reportedly considering an independent review of the official autopsy and they are disputing the autopsy results. concerning the use of any illegal drugs. >> shouting, yelling an even violence, mar democrats' town hall meetings around the country on health care recently and some democrats are going ahead with the town halls, others are opting to go to the phones to talk with their constituents. molly wilkes has more on the story and joins us live from washington.

>> reporter: in the week since the house went on break several congressional democrats faced loud an angry protests at town hall meetings, and set up to explain the health care reform proposals and today the president is warning in his web address opponents are misrepresenting the plan. and the most recent town hall show down was thursday in tampa, florida where congresswoman kathy caster face aid rowdy crowd and tempers flared when doors closed on most of the 1500 people who turned out and the white house and congressional democrats say these are manufactured mobs organized by republicans and special interest groups to get attention on youtube and to spread misinformation. >> president barack obama: the defenders of the status quo and political point-scorers in washington are going fiercer in their opposition. and in recent days and weeks some have been using misleading information to defeat what they know is the best chance of reform we have ever had. >> reporter: missouri senator clair mccaskill also face aid furious crowd recently and had another town hall scheduled next week at a high school and the

school district cancelled it citing concerns of the safety of staff and students who might be on campus at the time and mccaskill thinks it is time to step back and cool down. >> bad manners and frankly not persuasive and i hope everybody takes a deep breath an quits yelling, both sides, and let's talk, let's discuss these proposals, and let's answer questions... >> reporter: now, republicans say even if organized groups are behind these protests their getting these passionate crowds to turn out, meaning their message is resonating with people. and, that demonstrations are practically an american tradition, and that this is free speech. rick? >> thank you very much and is there any constructive conversation going on, at these health care town hall meetings? democratic congressman eliot engel from new york, a member of the internally and commerce committee. which managed to get a house health care bill out of the committee, before the house began its august recess, and joins us now from washington, i wonder, congressman, if you have gotten to your home district,

just north of new york city, and have you spoken with any of your constituent about this health care reform business? >> well, my district is partially in new york city an partially in the suburbs of westchester county and i have spoken with my constituent and i'm planning a series of both meetings and telephone calls, to talk to my constituent about health care. i think we all need to take a step back and listen to each other, there are legitimate concerns being voiced. there are also people like myself, who believe we need a health care reform. and we need it soon. with 47 million americans not insured. and health care costs spiraling. and companies denying people coverage because of preexisting conditions, we need to fix what is brokening and don't need to fix what is not broken and i just wish that calmer heads would prevail and listen to each other instead of being rowdy and shouting each other down. >> rick: congressman, have you and your staff come up with a game plan for when you hold your

town hall meetings because we have seen a lot of your colleagues back on their heels, in the face of angry constituents, who are utilizing their freedom of speech and voicing their concerns about this. what do you think you'll do, if any of these angry constituent show up at your town hall meetings. >> look, no one cares if people voice their legitimate concerns and freedom of speech, even if they are feeling on the issues differently from mine. what i care about is the attempt to shout people down and to disrupt the meetings and to chant and really make it impossible to have a discourse. you know, the great american tradition of course is to have town hall meetings and to have people express opinions, pro and con and i don't mind if people want to express opinions different than mine and maybe i can learn from them and perhaps they can learn from me but it is the shouting down and making it impossible to continue the meeting. that is what i object to and i think that is the problem. you know, do you have people

going from district-to-district with the attempt to just shout everyone down and make it impossible to hold the meeting. i think that is a shame. >> rick: let me ask you, sir, because -- >> yeah. >> rick: most polls show the vast majority of people in the country not only have health insurance but they like their health insurance and don't want to see any changes to it. but, no matter how often the president and his supporters come out and say nothing will change, the bottom line is people are not buying it. why don't you think they are buying it. >> but the myth is, people think that they have their current insurance, they can just deep keep it, a year or two or five years from now and that is not going to happen because the current health care crisis shows us that the current plan is unsustainable. premiums are going up, far beyond the rate of inflation. people are being dropped because that he change their jobs or lose their jobs. these they're things that we really need to change. and so the president is right -- has rightly said according to the plans, if you like your

current health care, you can keep it and we are going to make sure that any plan that is finalized you will be able to keep your health care. remember, there are three separate plans that passed three committees and my committee, energy and commerce passed the last one and then there is the senate and we have to get it together, so i think we need to listen to people's concerns, but i think we need to make sure that we have health care reform, because, if we don't, 47 million anyone insureds will be 50 and 60 and 70 and 08 a80 and we don want a situation like we have now and people are going to emergency rooms for the primary health care. >> rick: congressman --... >> health care -- >> rick: who will be holding town hall meetings in his district in the come weeks, we appreciate your time, sir, thanks very much for coming on and talking to us. >> thank you. >> jamie: health care is the topic everybody is talk about, chris wallace, no exception, he's sure to talk about the health care reform plan. nationalization of your health

care, with senator mitch mcconnell tomorrow. and you want to tune in for all of fox news sunday. when chris also talk with national security advisor, general jim jones. and that is tomorrow morning, check your local listings or watch chris here on the fox news channel at 6:00 p.m. eastern on sunday and chris will be joining us shortly, as we -- the ceremonies get underway in washington. >> rick: looking forward to that. but first a hurricane brewing off the coast of hawaii is weakening. while the mid west is going to get wet weather and thunderstorms in that part of the country, rick reichmuth is at the fox weather center with the latest. nice to see you, rick. >> rick: good to see you, too, what are talking about, felicia, we have yet to have a named storm in the atlantic and the pacific, more active and felicia was a major hurricane and now winds are 90 miles per hour and you see, hawaii here is potentially in the path of the storm. fortunately, though, it will weaken quite a bit, before it makes landfall and maybe monday night into tuesday morning. maybe somewhere around 35, 40

mile-an-hour sustain winds and in the a major problem. but it is u.s. lan mass and we will see a little bit of the effects from the hurricane here, from a tropical storm at that point, i should say and here's the rain across the far northern plains, stormy this afternoon, and some severe weather, maybe even including a few tornadoes and certainly damaging winds. but, the heaviest of rain is across parts of michigan, and in towards wisconsin and just to the north of the chicago area and i have to tell you not a bad thing to be under the rain because anywhere to the south of there, it is brutally hot, we have the hottest temperatures we have seen this year. in across parts of the plains here and heat advisories have been posted across the area. temps in the upper 90s and lower precipitation triple-digit readings and also extremely humid and we'll be feeling like 100 to maybe 110 in a few cases and behind it, much cooler air, seattle, nice and rapid city, nice, and the heat right here, today, and tomorrow, and then, by monday and tuesday moves across parts of east coast and we'll finally get probably back above 90 in some areas of the northeast which has not

happened, rick since april, believe it or not. >> rick: thank you, rick. >> rick: you bet. >> jamie: an on-line weapons dealer that has been linked to guns tor accessories used in three mass killings including the l.a. fitness gym shooting in pittsburgh. he maintains he's done nothing wrong. buys name is eric thompson and recently sold an empty glock.9 millimeter and an pratts to george sodini and sold weapons to the gunmen in the virginia tech and northern now university shooting and he says major stores like wal-mart sell the same types of guns. . >> rick: massachusetts police have broken up a drug and gun ring in new bedford, massachusetts. and seized 2 dozen illegal firearms and 200 grams of cocaine and $50,000 and authorities say a 6-month wiretap investigation led to the raids, at least a dozen people have been arrested in connection with the ring.

investigators are searching for at least a dozen more. and coming up, sonia sotomayor will become the supreme court's first hispanic justice and will happen a little less than an hour from now and we'll bring you this ceremony live and talk with several with its at her confirmation hearings, about what kind of justice he's likely to be. >> jamie: a question everybody is curious about, also, president obama, promised to help make it easier for people who want to go to college. remember, everybody gets a first class education? but are you getting the tuition break you need? we'll tell you where that precious college money is. .

>> jamie: what a sight it is, you are looking live at the supreme court, where sonia sotomayor will soon be sworn in as the next associate justice to the u.s. supreme court and will be the 111th justice, the court's first hispanic and the third woman to be seated on the bench. chief justice john roberts will preside over both a private and public swearing-in ceremony, where judge sotomayor, soon justice, will be joined by family members and friends, and for the first time, it is all going to be on camera, we'll have it here on fox. >> rick: looking forward to that, coming up in a little bit, first a look at the other top stories now, following a widespread protests in health care town hall meetings across the country the white house is asking opponents of the president's plan to participate in respectful exchanges, lawmakers who have held town halls in their districts have been bombarded by taxpayers who are upset about health care reform.

>> jamie: dozens of protesters stood trial in tehran facing charges of plotting to topple the government in the wake of iran's disputed presidential election. the mass trial demonstrates iran's resolve to bring an end to the anti-government protests, that have persisted since the june election. >> rick: and regularities have shut down two banks in florida. and that brings the total number of federally insured bank failures this year alone to 71. the banks, first state bank of sarasota and community national bank of sarasota county will be acquired by stearns bank of st. cloud, minnesota. >> jamie: and federal prosecutors say bernie madoff's chief financial officer will likely plead guilty to criminal charges on tuesday. and victims of madoff's multibillion-dollar ponzi scheme say frank pasquale was their chief contact with the madoff firm, the person they spoke to if they ha questions about their accounts or they wanted to add or withdraw money.

>> president barack obama: as president, i will give every child in florida and every child in america the skills, the knowledge they need to compete in the new global economy. [cheers and applause]. >> we will not allow countries to out-teach us today, so they can out-compete us tomorrow. every child deserves a world class education. >> jamie: then candidate barack obama on the campaign trail, in 2008. but as many parents are preparing right now to send their kids to college, in the fall, we wanted to know, where is the money? joining me now, fox business network reporter rich edison. good morning to you. >> reporter: good morning. >> jamie: and the reason i wanted to talk to you, is with all of this cash for clunkers, another $2 billion for clunkers, what about college? what are the the deals are out there right now and is the obama administration making good on the promise that every american student will get a world class education? >> it is beginning to.

and its pledging billions of dollars to try to help folk get into especially community colleges, there are three ways out there the federal government can help you, the first is a loan, you can borrow from the federal government, for most kids, actually up to a point where it pays for your entire education, but, of course when it comes to loans you have to pay that back. there are grants that mostly go to low income student but also can be based on merit, if you do well in high school, and then the third, is the obama administration's tax credit, it gives up to $2500 back for some families and some students, depending on what you make, if you pay for your college tuition. but, there are also states out there, like georgia and tennessee, that if you decide to stay in state, go to an in-state school they'll pick up a hewn chunk of your tab if you do well in high school. >> jamie: rich, there is a very unique case in new york, where a woman graduated from college, and she is suing to get her 70 grand back because she didn't get a job. the cap-and-trade, the stimulus, all of these measures that have

been passed in washington, promised and the president has said it time and time again, millions of jobs. are these jobs filtering down yet to college students? >> there is no guarantee that you are going to get a job if you graduate college, it is a better picture with you have a college degree and new look at the unemployment numbers that came out yesterday, if you have a bachelor's degree or better you actually have an unemployment rate of 4.7%, compared to that, of 9.4%, nationally, if you fail to finish high school, that rate goes up to 15.4%, and so, while it is a better picture, if you have a degree or even some college, there is no guarantee, out there, that you will find a job, there are plenty of folks in the class of 2009, out of college, and even out of law school and business school, who are having a tough time finding work they went to school, to study to become. >> jamie: rich edison from the fox business network, rich, thanks, we are tracking not only the cash for clunkers, but the cash for college. thanks so much. and we have a programming note

to pass along, too, the cost of freedom, which normally airs right now, our business block will air in its entirety today at 12:00 eastern, make sure to stay tuned for that. and, the 111th supreme court justice will be sworn in, shortly. we're going to bring you the ceremony, live. >> rick: and talk to someone who testified at sotomayor's confirmation hearings, judge joanne epps will join us when we come right back. don't go away!