>> rick: once again, a live look at the supreme court building in washington, d.c. where very soon behind those famous columns, judge sonia sotomayor will be sworn in as the next associate justice of the u.s. supreme court, the judge has suggested that her background, her unique background and values do and should influence her judicial decisions, and that that should be the case, perhaps with all judges, joining us now with her thought, is joanne epps, who is the dean of the beasley school of law, at temple university in philadelphia, dean epps also testified on behalf of the national association of women lawyers. at judge sotomayor's confirmation hearings, recently and nice to talk with you, dean, thanks very much for being here and let's talk first of all, about your testimony, when you went down to washington and testified on judge sotomayor's half, what was the point you most wanted to make?

to members of the senate sdmeet i wanted to make collectively three points. i wanted to say in her half she was exceptionally well qualified for the position, she was experienced and had the judicial temperament to make an appropriate an effective supreme court justice and i wanted to say by way of response to criticism that her series of opinions really screams screamed out that she did not deserve the label of an activist judge and i wanted to make a symbolic point that i thought her confirmation to the supreme court would allow her to serve as a role modal not just to women but to everyone to make this point women of color and various background had an equally appropriate right to serve in a highly influential position. >> rick: philosophically, dean epps, most people expect judge

and soon justice sotomayor's views to be very similar to that of justice souter whom she is replacing, of course and we might not see that much of a dramatic change as far that's balance of the court. but what other kinds of changes do you expect justice sotomayor to bring to the bench? >> well, first of all, i'm not sure people are right in assuming she's going to replace justice souter in terms of the perspective and opinions that she will write. i think she will surprise some of her critics and not be quite as unwelcome as they might suspect. i also think in terms of the other contribution that she will make, i think she will add to the discussion a perspective of someone that did not come from privilege, and who understands, therefore, the different ways in which law touches people. you knows, for many of us law has always been a protector, we do not think much of it at all

as something that has been an unpleasant presence in our lives and that is not true for everyone in the country and i think it is important in interpreting the law, to understand the various ways in which law touches people. >> rick: final question, dean epps, i wonder for those people out there, who are watching, who still might have reservations, about this very experienced judge, taking the bench today, what would you say to them, to allay any concerns that they may have? >> if they are lawyers i say they ought to go back and read a few of her opinions and nonlawyers i would say they should watch and listen. i think she is going to be a good justice. i think she is going to be a moderate justice. i think she is exquisitely fair and i think that more people will be proud of her and her decisions than probably know that today. >> rick: joanne epps, the dean of the beasley school of law, at temple university, in philadelphia, dean epps, thank you so much for your time this morning, we appreciate it. >> thanks for having me.

>> jamie: we wanted to tell you about a great program going on in southern california. the border patrol's explorer's program does more than teach the young volunteers who sign up how to take fingerprint and mug shots, it actually gives these teens real world training, to prepare them for life as law enforcement officers. and casey steegel is live at the u.s.-mexico border with the latest on that. hi, i didn't see you pick up a uniform or anything, did you see them in action? >> reporter: yeah, we did get to see them in action and it is a very cool program, nice to see you, jamie. you know, it is one of the most difficult and dangerous jobs in the country. and that is protecting america is a borders and would you believe it takes 20,000 u.s. border patrol agents to monitor what is coming in and out of the country, every, single day. and obviously, with all of that manpower needed, the department of homeland security is constantly looking for new recruits and more and more of them are coming out of this

program, and the learning for life explorer program. sponsored by the boy scouts of america, high school students all around the country get the chance to experience a realistic border patrol training academy. the idea, not only to teach them life skills, but to also get them up close and personal with real life border patrol agents, and the scenarios they encounter. >> they have classes in ethics. officer integrity. morals. officer safety. they also learn how to be part of a team. we do team-building exercises and in the they participate in training classes for specific categories, like what you saw today, marijuana field raid, or a felony hot stop. >> reporter: the roughly 145,000 kids go through the scouts explorer program every year. and, it's not just limited to u.s. customs and border protection, by the way. students can study other trades

like engineering, or science, but, law enforcement is the most popular. >> not a lot of people get to be in this and i'm one of the luckiest ones. >> it is fun, a fun career, and they do a lot of so much stuff and many people do a lot of communications and ride ats haves send have canine nines and there is so much stuff i can do there and so many options i don't know what to choose. >> reporter: organizers don't have an exact number in terms of how many graduates actually go on to become u.s. border patrol agents. but, they do tell us that more and more students are signing up to learn all about what it takes, to protect and serve this great country. jamie? >> jamie: that's a great program, casey. thank you so much. and, the start of the school year is fast approaching, many of the parent have their -- you could be increasingly worried about your child's health particularly because of the h1n1

virus. >> rick: coming up we'll tell you what you need know about the vaccine and where and when your child might be able to get it. don't go away.

>> rick: and good morning, once again, everybody, topping the news, right now we are moments away from the confirmation of judge sonia sotomayor to the u.s. supreme court and we'll take you live to capitol hill

for the swearing-in ceremony in a few minutes. >> jamie: also opposition activist that were in iran during the riots on trial now, a second day and charged with this rioting and plotting to topple the government and part of a government crack down on members of the opposition for their part in the massive protests over election results that happened in june. >> rick: the company that insured michael jackson's london concerts may not have to write a multimillion-dollar check after all if the pop star is found to have illegally possessed drugs or involved in the illicit take of drugs and the concert promoter's insurance is not required to cover the costs. school is right around the corner, but the main issue on many parents' minds isn't school supplies, it is the h1n1 virus. along with school officials, the centers for disease control are concerned with the spread of what is commonly called the swine flu, so, when will the vaccine be available?

and who is at the top of the list to receive it? joining us now is dr. oker of the university of maryland medical school, dr. benocher, thanks for joining us. >> my pleasure. >> rick: almost like the health care debated as a whole is it more important to rush to get a vaccine done and administered or take our time and get it done right? >> well, you know what? it's not like a new drug where we don't have any idea what is really going on. i mean, this is a proven vaccine process, and, normally what they would do with the trial is would wait for all of the batches of the blood to get back and run them. but, by expediting it they are actually doing it on a rolling manner, so university of maryland medical school is starting -- the first in the country and starting monday and as soon as those blood samples are ready they'll send them out, to nih and niad and will start testing them and so, they are not going to wait. they'll keep it on a rolling basis, and we'll get information. but, you know, there is an h1n1

sub-type in the seasonal flu and if the timing had been a little different and the new virus had come out a little earlier it might have been the one that was in the seasonal flu anyway. so, it's not so scary. as people are making out. >> rick: so these are different vaccines, you have the seasonal flu vaccine. >> right. >> rick: that is being developed and the h1n1 vaccine, i'm just -- i want people to know whether or not we should feel sort of secure in the fact that officials who are working on all of these different vaccines can get the job done? >> yes, no. they really -- they prioritized the h1n1, as i said, you know, a seasonal flu vaccine has two types of influenza-a and one type of b in it and one of the types of the influenza-a is the different strain of the h1n1. so this is a brand-new strain, that is why we needed a vaccine we all ahead had started the seasonal ones, in the process, and manufacturing, so we couldn't use that as the h1n1

strain in the seasonal and now is a separate vaccine and the biggest issue is going to be getting your kids in there for a shot and kids might need two shots, a booster, because when you have a brand-new virus and a brand-new population times don't get a high enough immune response from just one shot. >> rick: what advice would you have, doctor, for parents who are getting ready to send their kids off to school and they want to do the right thing and make sure their kid get the vaccinations they need? what can we do? >> the recommendation is if you are a pregnant woman you need it. there is a high percentage of that and if you are a kid going to school up until the age of 25, you -- that you should get the vaccine, if there is enough of it. if they prioritized it, it will be up until the age of 18, if you have a chronic illness,and then sort of 4 to 6, so, the recommendation would be to get it, the problem is, it is a lot of shots and we are not sure if

we need two yet. probably by mid september, we'll know if younger kids need two shots. of the h1n1, besides the seasonal flu. >> rick: besides the seasonal flu and kids don't like shots as it is and they'll have to get all of these shots -- sorry! thanks for joining us, appreciate it and it is tough when you take your kid to the doctor and have to get the needles. >> jamie: here's a tip, bring extra lollipops! >> rick: good idea. >> jamie: take care of the little one after that. we will bring you judge sonia sotomayor's swearing-in, to you live, and her family is with her and first, congressman jose serrano will join us. >> rick: and the white house wants your help to fight the missing -- misinformation but is the outrage big brother in disguise. we report, you decide. we'll be right back.

>> rick: welcome, topping the news now, the sister of the late president kennedy and the founder of the special olympics is in intensive care, 88-year-old eunice shriver taken to a cape cod massachusetts hospital yesterday a family statement that say she's in critical but stable condition with all of her family around her. >> jamie: and computer security experts say this week's huge cyber attack on facebook an twitter may have been politically motivated them. computer firm mcafee traced thursday's outages to a massive attack on a single georgian blogger, who has often been critical of russia. >> rick: 51 people are dead and many more wounded after the latest attacks on mostly shiite targets in iraq. suicide bombers struck a mosque in northern iraq while roadside bombs struck shiite pilgrims in

baghdad. >> jamie: we're 10 minutes away, judge sonia sotomayor will become associate justice sotomayor in the first televised oath taking the supreme court ceremonies the first time we have been able to see inside as it is going on, live, and we'll have it for you right here and she'll be the third female justice to sit on the nation's highest court, and also, the first hispanic in history. joining me now, new york congressman, jose serrano who testified at judge sotomayor's confirmation hearings, great to have you with us, congressman. >> thank you, thank you for having me on again, really a wonderful day, and a wonderful celebration. >> jamie: what do you think it is like for justice, soon to be, sotomayor? >> oh, i know that she is concentrating totally on the fact that this is also a great day for her mom. for her family, as you know, she grew up with a single mom in a

-- went to night school to become a nurse, and we know the story about the public housing project, so, every time i see her, every time i hear her, she wants to make this part something of a -- an honor to her mom, a thank you to her mom, and then she will move on to be a great supreme court justice. but, today, i can assure you, she is celebrating the fact that her mom's triumph is the fact that her daughter got to the supreme court. >> jamie: it doesn't get much more exciting for a mom than that. you're right. and we are looking at the door now inside the room, a private ceremony taking place right now. and then the public one with the chief justice, administering the oath and i wanted to ask you, because you also grew up in a south bronx housing project, if i remember correctly. and, you are the senior ranking member of puerto rican descent and these are things that are very near and dear to subject sotomayor's heart. her background. her up bringing. what do you think she brings to

the bench that has not been a part of the supreme court before? >> well, what she brings to the bench is an understanding of certain situations, growing up in a certain way, and through the confirmation hearings, there was this fear or this concern that you sort of have to be bland, the fact of life is that we all bring some of the things we know, how we apply them is really the test, i mean, you as an anchor person, you bring to the job something you know from yourself, and from your background, and so do i to congress, however her record has shown for 17 years on the federal court and before that she know house to apply the law and interpret the constitution with respect and takes very seriously the fact of where she came from and where she got to, but, the fact that she is a lawyer, she's a judge and now a supreme court justice, so, to those who still may be skeptical about what kind of a judge she will be, a justice, i think they do have to look at her record

and she has been fair and respect the constitution, but, you know, it is really not necessarily what she brings to the court, it is what america gains from having the diversity on the court, another woman, and an hispanic, a puerto rican, a person who, years ago, you would look a and statistically say, she's not going to make it, look where she is. well, look where she is today. it's a great day. >> jamie: she really has made it and the first justice who also served in a trial court position as well, a unique perspective coming to the bench, no doubt about i great to talk to you today. enjoy this day, i know it is so important to you. >> thank you so much. >> rick: a live look at a door in the east conference room, in the supreme court building in washington, d.c. when we see sonia sotomayor walk through that door, technically, she'll already be an associate justice. because she's rate now taking the oath in a private ceremony. she'll then join justice --

chief justice roberts and her family and friends in the room, that we're looking at renow for the public ceremony and we'll carry it for you on fox, and it is coming up, when we come r carry it for you on fox, and it is coming up, when we come right back, don't go away.

♪ you're not the kind of guy that makes the girls all sigh ♪ two for three?! ♪ and they never turn their heads and look when you walk by♪ ♪ cause it's the little things that mean a lot ♪ oh, thank you. you're welcome. what a nice young man; my goodness. ♪ it's what you are... ♪ ...not what you've got. i better get out of here. hooey.

>> this is a "fox news alert," sonia sotomayor is minutes away from being sworn in that's 111th justice of the united states supreme court. >> jamie: it looks like more people are filing into the room, soon you will see the judge and her family, these are live pictures of the supreme court ceremonial east conference room, it is this first time in history, that a swearing-in ceremony is being broadcast live. and of course we'll have all of that for you here, plus we have chris wallace in washington, hi, chris. >> chris: hey, guys, how are you, this is a pretty exciting

day and justice if we can briefly explain what is going on, sonia sotomayor is taking two separate oaths, taking the oomth in private which is probably going on right now and chief justice roberts is applying the oath for all federal officers, basically, to preserve and protect and defend the constitution, and then she's going to come in and take the oath that will officially make her a judge and the lanhriage o it is very interesting. because it really speaks directly to some of the issues that were key to the confirmation and in the oath -- and it was especially tailored for her, it says she'll administer justice without respect to persons and do equal right to the poor and the rich. and she will impartially perform all the duties that accompany an associate justice and that was the main criticism, that she had empathy and that she favored certain people, disadvantaged lyroups, over businesses, or whites, particularly, in that firefighter case. so, there is a special resonance

when she takes the constitutional oath to become formally an associate justice of the supreme court. >> jamie: let me ask you, it has come up in conversation again and again, justice souter, versus this justice, to be, how do they differ? because obviously they have a lot of the same beliefs, but, their personalities are very distinct. wouldn't you say. >> c we ve totally distinct, souter was a recluse, in the town almost 20 years and i don't know i saw him at any social function in this town and also on one specific issue which we may talk about, you know, this is as you said, history, the fact that this is b"fng televised for the first time, and some people will wonder, well, does that indicate we should -- that is anthony kennedy the supreme court justice, the one sitting supreme court justice who will be there, that should mean she is coming in very shor vey. but, he was dead set against

justice souter, of televising proceedings and over my dead body and sotomayor said she has had experience with the televising of trials and is not opposed to it and may indicate that maybe justice roberts, chief justice roberts who i guess approved this televising, is somewhat open to the idea himself. >> rick: i guess it is fitting then is als the first t to be shown on live television. might that portend something for the future as we see the judge's na be,ily there is her mother a her brother, walking in to the east conference room, aniss migr this sort of give us a sense of what is to come as far as cameiss s showing the i ter workings of theona .s. supreme court. >> chris: we would never see the i ter workings but would like to e see the actual hearings when the lawyers argue the case before the nine justices