>> chris: when they have air private hearings to discuss and vote on the cases the junior justice has to keep the notes and records the vote and if there is a knock on the door she has to always get up, whoever the junior justice is, to get up and answer the door, and stephen breyer was the junior justice for 11 years and he had to answer the door for 11 years and sam alito, the junior justice had to do it a couple of years and got off pretty easy. >> rick: a good thing the injury she sustained at the airport healed, she'll have to be

getting up out of her chair to answer the door. and we look that the east conference room and should mention the swearing-in will take place in front of the fireplace at the bottom of the screen and the huge portrait we see is john marshal, the 4th e chief justice of the united states, and it looks as though judge sonia sotomayor is about to enter the room. there she is and that is chief justice john roberts about to administer the oath of office. from the housing projects of the south bronx, to the highest court in the land, let's take a listen. >>... a member of the court on september 8th, in a special session of the court. we are administering the oath this morning, simply so that she can begin work as an associate justice without delay. and now i'd like to invite mrs. sotomayor, the judge's mother, and her brother, dr. sotomayor, to come forward. >> judge sotomayor are you prepared to take the oath. >> i am. >> please raise your right hand. and repeat after me.

i, sonia sotomayor to solemnly swear. >> i sonia sotomayor do solemnly swear. >> i will administer justice without respect to persons. >> that i will administer justice without respect to persons... >> and do equal right to the poor and to the rich... >> and do equal right to the poor and to the rich... >> and, that i will faithfully and impartially... >> and that i will faith alley and impartially... >> discharge and perform... >> discharge and perform... >> all of the duties incumbent upon me... >> all of the duties incumbent upon me... >> as associate justice of the supreme court of the united states. >> as an associate justice of the supreme court of the united states. >> under the constitution and laws of the united states... >> under the constitution and laws of the united states... >> so help me god. >> so help me god. >> congratulations, and welcome to the court. [applause]

[applause] >> rick: with that solemn oath, sonia sotomayor, sworn in as the supreme court justice, of the united states. and the first hispanic member of the court, the third woman on the court, she now, 55 years old, after being a federal judge for 17 years, and after

confirmation vote of 68-31 in the united states senate, sonia sotomayor. becomes the u.s. supreme court associate justice. fox news sunday host chris wallace, joining us again, as we take a look, at now, justice sotomayor's colleague on the court, justice kennedy, and now comes the hard part, chris, she has to go and do the job and it is a job that, unless -- as i have been reading unless you have done it you have no idea what you are in for. >> chris: that's exactly right and one of the point justice robert -- actually i have to mention this: the fact that justice roberts used notes, used the actual statement and read it, of course we all remember the -- during the inauguration of president obama, he had supposedly memorized it, but then he and president obama stumbled all over each other during the inauguration ended up having to do it a second time clearly and the justice realized, this was not something to trust to his memory and he read it carefully and it went off without you a

hitch and one of the points he made is this fact that normally the court starts the session the first monday in october but in a very unusual step they'll rehear a case in september, a campaign finance case, in which it is the possibility that they may really rework what the law of the land is, on campaign finance and limits on private donations, and so they wanted a full court, nine justices, for that and that was one of the reasons it was important to swear her in now so she can begin to do her work in preparing for a case that is just over a month away. >> jamie: chris a lot of people look to justice kennedy as the one judge that they wonder what kind of impact now justice sotomayor will have on him. she's a swing voter. what do you think about the fact that he is the only one that attended today, and how do you think they'll get along? >> chris: well, i wouldn't read too much into that. these justices have a pretty good deal. you know, they take the summer off and almost all of them

either have summer homes or go off and teach somewhere, so i don't know i would read any particular political leanings for judicial leanings into kennedy's appearance and he probably didn't have anyplace better to be today or maybe he was being polite and it's interesting how it evolves, jamie. souter was appointed by george h. w. bush in the '90s, and he was assured, of course, at that time, was a state supreme court justice in new hampshire and he was assured, bush was, by his chief of staff, john sununu, that he would be a reliable conservative vote and for a couple of years he was a reliable conservative vote and moved steadily to the left and by the end, i mean the last ten years has become an extremely reliable liberal vote on the court and you never quite know how justices will evolve and, chances are, that sotomayor, she steps up to the big leagues, the supreme court, is going to take some while to find her place

there. and the one point, and this was pointed out in an article i was reading today is a different job as a member even of the court of appeals in new york and that is a big job you are bound by precedent in the supreme court, not so bound and, basically, you can say whatever the press done is, and that is why, obviously there is a lot of frustration on the part of members of the senate judiciary committee when they that have the confirmation hearings because the judge is -- whether a republican or democrat, always talks about all of the precedent and once they get on the court they don't have to rely on precedent, they can do what they want and as a lifetime appointment, there is not much anybody can do about it. >> jamie: it will be interesting to see her interpretation of the law, based on her life experience that she says may play a role in her decision making. chris, thanks so much for joining us. great to see you today and an exciting moment for now associate justice sotomayor and her family. see you on "fox news sunday." without a doubt. >> chris: you bet, thank you.

>> jamie: as subject sotomayor becomes associate justice sotomayor you saw the swearing-in ceremony for the first time ever televised we're joined by ramona ramero president of the hispanic national bar association. >> and we're happy to have her with us from philadelphia, head of a group which judge sotomayor is a member, nice to see you and thank you so much for being with us. your thoughts as you watched history unfold, in washington, d.c. this morning? >> thank you so much for having me. it brought tears to my eyes. this is... this is really the realization of the american dream. this is a day that all americans must be very proud of. and an extraordinary person from extraordinarily humble beginnings. justice achieved that pinnacle of the legal profession. you know, it is a reaffirmation of a -- our promise as a nation. >> rick: tell me, what do you think we'll see from now, justice sotomayor, during the

first term? there has been a lot of talk that traditionally it takes a brand-new member of the court, at least one term, to sort of find the

that is an important point because for example when thurgood marshal, the first african-american justice, came to the court, one over the things allowed the justices remark after his death this is fact that he brought to the courts deliberation, the authority that you can only bring from personal experience. and, i think that in certain kinds over cases, she may be very well -- very well be able to guide her colleagues thinking because of her life experience, which is very different than that of any other member of the court. >> rick: ramona ramero the poverty the national hispanic bar association watching the event with us this morning and we're glad that you did and you were here to share your views with us, thank you so much for your time. >> thank you. >> rick: moving on to other big stories of the day today, health care.

still making people's blood boil, all over the country. melani wilkes has the latest on feisty town hall meetings. molly. >> good morning, that's right. large and angry crowds turning up a town -- at town hall meetings held by congressional democrats to explain the health care reform proposals during the august break in their home districts and today, in his web address, the president accuses opponents of trying to block health reform, with outlandish claims and misleading information and congresswoman kathy caster was the latest to face a furious crowd, this week in tampa, florida and tempers flared and doors closed on many of the 1500 people who came out, and the white house and some democrats maintain these are manufactured mobs, organized by republicans, and special interest groups, to get some play on youtube in an effort to defeat health reform. >> those were focused on the so-called politics of health care and we are trying to exploit differences or concerns for political gain. and that is to be expected.

that is washington. but, let's never forget that this is not about politics. this is about people's lives. >> reporter: senator clare mccass kim face aid rowdy crowd recently and had another town hall scheduled next week at a high school and the school district cancelled it, citing concerns about the safety of its staff and students who might be on campus at the time. and she says she hopes everyone takes a step back and cools down a bit. but demonstrations are a form of free speech and disruptive protests are a technique adopted by the antiwar left back in the 1960s. >> and so now that other people are adopting these techniques, they are -- by the left, they are somehow out of line and not patriotic. these are tactics of the left. >> reporter: republicans say even if organized groups are behind these protests, they are getting passionate crowds to turn out, meaning their message is resonating with people.

rick? >> rick: melani, thank you very much. >> jamie: the manufacturing industry is hurting in our down economy and many firms are bracing for more pain. amid the debate over environmental legislation, critics of cap-and-trade point to california as an example of good intentions, but bad result. william lajeunesse has more from los angeles. >> reporter: >> this company is half the size it was just 7 months ago. >> reporter: after world war ii, manufacturing accounted for 1 in every 3 american jobs and today it is 1 in 10 and falling. california metals is one of the few heavy manufacturers left in los angeles. >> this manufacturing in turn is not only going to other states in north america, the but, primarily, it is going to asia. where they have no pollution control. >> we find that california had lost about 25% of its employment, employment and manufacturing sector, and among them, about 33% losses occur in

the high-tech sectors. >> reporter: according to a new milliken institute study, california has had close to 80,000 jobs -- shed close to 80,000 jobs over a five year period faster than the national average and research blames the loss on the state's costly environmental and labor regulations. and, the highest industrial tax rate in the u.s. but, some economists argue sacramento simple play cannot afford to cut taxes right now. >> can our business environment be improved? absolutely! would it be good for the state? absolutely, can manufacturing be fostered? absolutely, is this the time to be worrying about this? absolutely not. >> reporter: what has some analysts concerned are federal government plans to adopt national emissions standards. and other regulations and fees similar to california. the concern is that it will lead to huge losses, in industrial employment, around the country. >> without manufacturing, where is the wealth going to be produced to hire the account tans and the attorneys. >> benz owners say if politician want to help save american manufacturing jobs, and help

u.s. industry compete, against china an india, where vinyl and labor laws are virtually nonexistent, government needs to help, not make things harder. that requires tough choices, and the golden -- in the golden state as well as washington. in los angeles, william lajeunesse, fox news. >> jamie: that is the story in california. what about on a national scale? critics of cap-and-trade are pointing to a new study from the energy department, a federal report, and it says the democrats bill will lead to job losses, especially manufacturing. indiana republican congressman dan burton is joining me now. from indianapolis. congressman, good to see you, thanks for being with us. >> thanks, nice being with you. >> jamie: let me ask you about cap-and-trade and the fact the president insists there will be so many jobs, green jobs, mostly, but this study says in fact there will be no more jobs as a result of the legislation than there would have been anyway. what is your interpretation of the report. >> well, you know, jamie, spain

has tried this already, and for every job, new job created that would help the environment, they lost two-and-a-half jobs. because, of the new programs, and it is going to cost american jobs, american -- american people jobs, and it is going to drive jobs overseas, and it is going to cost the american consumer about $3,000 a year in additional expenses, because when they turn on their light will cost more because the producer of the electricity will have to pay more, more taxes and will cost more for gasoline on anything -- and anything that is an energy source that pollutes in any possible way and will cost jobs here in america. >> jamie: congressman what are you telling your constituents? what are you telling your constituent and what do you think the senate will do? >> well, i don't think the senate ultimately will pass it because constituents across the country are becoming very interested in the and the health care issue, and they are saying, hey, this is an economic time of

difficulty, and we don't need more taxes, we don't need more spending. we don't need to have jobs driven overseas when we need to create more jobs here at home. >> jamie: you have just met with health officials and i know you plan a couple of town halls of your own. what do you think the response will be to the nationalization of health care plan that is now passed through all of these committees? >> i think once the american people -- and they are finding out rapidly, once they see that this bill, which nobody has read in its entirety, once they find out what it will do to them, i think you will see seniors enmasse, saying they don't want this, it will take money, billions of dollars out of medicare. and will do away with medicare advantage. and will cause the rationing of health care, and will cost more and more taxes, and an employer who doesn't do exactly what this bill says is going to have an additional 8% tax levied on him and it is a bad bill and

socialistic and exactly what the american people will not want once they see it and we need to make improvements in health care and this ain't the way. >> jamie: what are the chances, that that happens? >> well, you know, the democrats have a huge majority in the house, and they hand been able to get this bill out of committee until the last minute and there is a big split among democrats on the bill that they did get out of committee, the commerce committee and the senate they have a filibuster-proof majority, 60 votes, but i still think that they are starting to feel what the american people want them to feel and that is, real disgust about the bill and these town meetings, i will tell you, they are not put up -- i have had town meetings for a long, long time and i can tell when there is a put up job and when there is real concern among constituent and these people are angry and not somebody being sent there by anybody. >> jamie: congressman dan barton, nice to see you today, thank you again. >> rick: when we come back the

white house says it is all about getting a handle on, quote, misinformation, concerning health care reform plans. >> jamie: that's right, they are actually trying to monitor all of the information out there, but the call for e-mails to control rumors about the plan, is causing an uproar, with some critics who say the white house is compiling an enemies list. could this really be happening? so what do you think? i think i'll go with the basic package. good choice. only meineke lets you choose the brake service that's right for you. and save 50% on pads and shoes. meineke.

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>> rick: and welcome back, everybody, call her justice sotomayor now, sonia sotomayor the newest justice on the u.s. supreme court, having been sworn in, just a few minutes ago. sotomayor is the court's first hispanic judge and the third

woman to be seated on the bench. >> jamie: j.f.k.'s sister and founder of the special olympics, eunice shriver is in critical condition in a cape cod hospital and is 88 years old and is said to be sur rounded by family including her daughter, maria shriver and her husband, governor schwarzenegger, and her grandchildren. >> rick: a report from the florida medical examiner suggests cocaine may have played a role in the death of television pitch man billy mays. at the time of his death, in june, it was reported that he died of a heart attack and the medical examiner now says that heart disease was the primary cause of death, but that cocaine found in his system caused or contributed to his heart disease. there is word three american hikers who crossed into eastern have now been transferred to tehran. david piper is live from baghdad with the latest and what can you tell us?

>> reporter: well, we spoke to the iranian embassy today, the press officer there and we asked them where exactly are these three americans, and they said, quote, no, know nothing about the development but we understand they are under iranian authority, and they were arrested friday week before, and, there is a suggestion that iranian lawmakers will discuss the matter sunday, so we are watching that closely. in the past week, there have been few development and we know the iraqi foreign minister had a meeting with the iranian ambassador here, but, nothing publicly came out of that. so, it is really still a wait-and-see to find out what exactly is going to happen. one iranian lawmaker was quoted in the past week, suggesting that the three should go on trial, but, we are -- are waiting now until sunday to find out if there is any more public comments coming out of tehran. back to you. >> rick: we'll be watching for that, david piper live in baghdad, thanks so much and back

home now, president obama continuing to push his health care agenda. and now, the white house is pitching into stop all of the quote-unquote misinformation, but, at what expense? correspond molly henneberg reports. >> reporter: it's difficult, the white house says, on its blog, at white house.gov to get a handle on quote, rumors an -- information about health care reform and the white house makes this request. quote, since we can't keep track of all of them here at the white house, we're asking for your help. if you get an e-mail or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov and conservatives in congress and on the radio, jumped all over that. saying the white house is acting orwellian. >> if you get an e-mail from your neighbor and doesn't sound right, send it to the white house, people across america are going t say, is it 1984? what is happening here, is big brother watching. >> they are looking for tattle tails, they are looking for snitchs. their looking for informant.

>> texas republican senator jon cornyn sent alert to president obama saying, quote, i am not aware of any precedent for a president asking american citizens to report their fellow citizens to the white house for pure political speech that is deemed "fishy." and, demanding to know, quote, "what action do you intend to take against citizens who have been reported for engaging in "fishy" speech? dozens of citizens have been speaking out recently at town hall events on health care including this one yesterday in wisconsin. democratic congressman steve kagan got an earful. >> and the white house and congressional democrats say this is an orchestrated or, quote, manufactured effort by republicans, and special interest groups. >> there are groups that are -- have spread out people across the country, to go to these things. and to specifically generate videos that can be posted on internet sites. >> it disrupts the message.

the story becomes the disruption. not the message. >> in fact, the democratic party has put out a new web ad, called, quoted, enough of the mob. >> this mob activity is straight from the play book of high-level republican political operatives, they have no plan for moving our country forward. so, they have called out the mob. >> trevor francis with the republican national committee, disputes that and says these are americans with legitimate concerns. >> people are doing this on their own volition. >> top senate democrat harry reid says members of congress will continue to press for reform, quote, in spite of the loud, shrill voices trying to interrupt town hall meetings. republicans say lawmakers have a responsibility to listen to constituents, and their concerns. in washington, molly henneberg, fox news. >> jamie: congress wants to spend your tax dollars on a major corporate airplane upgrade. do they really need new planes? our next guest showing us where your money is going, also, some

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