it was like 89, 97, 104 in mid town manhattan today. 108. crazy. what is it going to be like 350 for the summer? have a great night. >> the o'reilly factor from los angeles is on tonight. since birth control is the latest hot topic which candidate believes in birth control, if not, why? (booing) >> more chaos in the republican debate last night. did it amount to anything? who is likely to surge in the polls now? laura ingram and your humble correspondent will analyze. >> anybody who tells you we can drill our way out of this problem doesn't know what they are talking about or just isn't telling you the truth. >> what will president obama do about surging oil prices? does he have a plan? doesn't look like it. we will tell mr. obama what should be done.

♪ >> a new study out of dartmouth says kids who watch movies containing drinking are far more likely to binge drink themselves. ♪ >> the culture warriors on that. >> caution, you are about to enter the no spin zone from california. the factor begins right now. >> hi i am bill o'reilly riley reporting from los angeles. thank you for watching us tonight. the republican party in good shape or in bad shape? that is the subject of this evening's talking points memo. key points was going to analyze the republican debate for you this evening. then i said why? why waste your time? it was more of the same. the candidates saying i am more conservative than you are.

enough already. the truth is there is very little difference among mitt romney, rick santorum and newt gingrich as far as public polly is concerned. they all want smaller government they all will cut taxes get tougher with iran and oppose secularism in government. rick santorum is the most conservative of the three on social issues in particular. the gop policy is basically to oppose what president obama is doing. there is nothing to be gained for me to knit pick what these guys said last night. i did, however, object to this. >> congressman paul you questioned the fiscal conservative credentials of all of these gentlemen but particularly this week senator santorum you have a ad that labels him a fake? why? >> because he's a fake. i am real. i am real. >> that kind of stuff is just dumb it's a waste of everybody's time. rick santorum is obviously

conservative he may have voted for government spending they all do that except for paul who has been so ostracized in the house he hasn't had one meaningful bill passed in 24 years. apparently cnn forgot about oil prices last night which is a big issue. right now we are headed to $5 a gallon maybe by summer 6. president obama addressed that in miami. >> the amount of oil we drill at home doesn't set the price of gas by itself. the oil market is global. oil is bought and sold in a world market. just like last year, the single biggest thing that is causing the price of oil to spike right now is instability in the middle east. this time around iran. >> but that's not entirely true. as the factor has been reporting the oil companies are selling products that originate in america overseas because they

can get more money in china and other places. that is the primary reason we are paying more for gas right now, because our domestic supply off because of the mild winter is being diverted to other countries so the oil companies can make more profit. president obama doesn't know what to do about that. let me your humble correspondent offer a solution. we the people own america and the 12 oceans vournding it. the country was created for us. the government just administers the land. it oversees what happens in our name. the feds allow the oil companies to drill. they just can't do it on their own. they must have permission. therefore president obama and congress have a perfect right to regulate where fossil fuels made in the usa go because it's basically the property of we the people. once again our leadership let's us down. if i am president i say to the

american oil companies, hey, you have to sell a certain percentage of what you find here to americans. if you don't, we are going to slap an import tax -- an export tax i should say on what you send overseas. that ought to bring down the price of gasoline? would it not? if the oil companies don't want to do it we will find other oil companies who will. trust me. they are out there. that is leadership. that is where president obama has been falling down again and again. it is also where the republican party could make gains. instead of tearing each other apart about who is more conservative than whom, they should be looking the american people in the eye and saying, hey, this is what i would do to bring oil prices down. this is what i would do to make sure iran doesn't get a nuke. this is what i would do to lower the national debt. the guy with the best solutions should be the nominee. but as john belushi once said, no, it's he raised taxes in

massachusetts. no, i didn't. you wie will take away your birh control. no i won't. where is that getting the republican party? here's the answer. nowhere. all of the polls say president obama defeats the republican nominee no matter where he is. those polls are fluid. the president is obviously not near as attractive to voters as he was four years ago. in order to defeat president obama an excellent campaigner the republican party will have to knock off the nonsense. the gop candidate will have to go after the president and tell the american people why is leadership harming the country? mr. obama could call every american oil president into his office tomorrow. he could say exactly what i have said in the talking points memo. you sell a certain percentage of your oil to americans or you have to pay a price. believe me, that would be a game changer and would help the folks big time. finally it is clear in talking points most americans aren't

even paying attention to the presidential race. with all of the electronic gizmos we have these days you can lose yourself in a phony world. you don't have to pay attention, you don't have to be involved. millions of americans are giving foolish diversions. both political parties know that. they are going to spin outrageous scenarios that will be so confusing no one will be able to figure them out. the presidential elections this year the most important of our lifetime. if barack obama is re-elected we are looking at a $20 trillion debt in the year 2016. we are looking at gas prices that could reach $10 a gallon. we are looking at a muslim jihadist movement that will be emboldened by iran acquiring a nuclear weapon. it is always possible a president will change and bring a different set of policies to the forefront. that is possible. right now what i just told you is absolutely on the horizon. if the republicans don't gain some sense of urgency about it

and knock off the nonsense they will likely lose in november. that is enough. now, next on the rundown. laura ingram will respond to whether or not the republican party is getting weaker or stronger. also brand new polls pitting romney and santorum against president obama in four crucial states. we are coming back from la. [ male announcer ] this is lois. the day starts with arthritis pain... a load of new listings... and two pills. after a morning of walk-ups, it's back to more pain, back to more pills. the evening showings bring more pain and more pills. sealing the deal... when, hang on... her doctor recommended aleve. it can relieve pain all day with fewer pills than tylenol. this is lois... who chose two aleve and fewer pills for a day free of pain. [ female announcer ] try aleve d for strong all day sinus and headache relief.

four years ago after romney care was put in place, four years ago he not only endorsed me he said this is the guy who is really conservative and we can trust him. let's not forget he said that. >> uh-huh. >> center of the storm. >> all right. how do you assess what happened last night? >> look, bill, your key point and your talking points memo is that the republicans are missing the opportunity the issues. last night i think rick santorum had to have a much stronger performance. he had good moments. he will take people's contraception away i thought that was good. he was on the defensive a lot. that's natural. mitt romney was a beneficiary of

the fact that ron paul was kind of flashing as much as he was. when the media are able to pick the topic, frame the issues and spend time on e-mails that come in on contraception and the like that's when republicans will lose out. a lot of folks in washington are talking about what will happen next time around namely they are not going to allow so many debates to be organized and run by a media who are probably not in their corner. >> come on laura let's be honest now. if i am up there on that stage -- >> i am not honest ever. >> it's not the media's fault it's their fault. if i am on the stage and he asks me a question about contraception i say to him, i don't care about that issue. it's on the record. look up what i said. hey president obama what are you going to do about oil prices what are you going to do about

them? sitting on your hands. >> i agree. >> you take it and you run with it. >> you are right. it's hard to do that over 8 debates. with the exception of fox debates. that's the nature of the game. when you have a republican party that gets caught up in the side issues. >> why are they allowing themselves to get trapped in stuff that doesn't matter that much? >> the republicans are on the right side of that. republicans have to be far more adept at taking an issue and saying, i know want to ob success about contraception or this or that issue but this is what the american family is facing right now. this is what chain gnaw is doing. they need to do another. i think mitt romney actually had moments when he was asked what

is your biggest flaw or misconception. he started to answer and john cane said you are not really answering. look you can answer the question i am going to answer the questions. mitt romney and newt gingrich has been pretty adept at taking those moments. >> they haven't broken out. they haven't broken out. none of the republican candidates have broken out so that all of the folks say that guy is looking out for me. >> bill, when barack obama is singing his way through the evenings with mick jagger and bibi king and when the dinosaur media are not reporting as they need to report on key promises made and broken and how it is effecting the american family you are right it will be harder for them. >> let me give you an example. last night i was expecting one of the -- and whoever would have done this would have really won the debate. one of them needs to go with the gas prices. this was an editorial in the los

angeles times it's a left wing editorial. you know what their solution is to higher gas prices? people should get mopeds number one. >> mopeds are great aren't they? >> and along with the mopeds people should move closer to where they work. you got to move -- here's the solution from the la times. we are not going to confront the real problem but you get a mo-ped and you move your family closer to where you work so you can walk there or whatever. >> yeah, because bill when you are in l.a. you see a lot of people walking places, right? i mean look. you hit the nail on the head. when it comes to these big issues, we had the vice president of china in the united states. all of the implications of what is happening with the chinese economy, not a single question on china. nothing on china and anti americanism in russia, none of those questions asked. they are significant questions. how are we going to have a middle class in america.

rick santorum has a strong push for manufacturing. he missed a chance to make that connection on jobs. never mentioned jobs. >> but you have to keep it -- you know how many people watched the debate last night? >> i don't. >> about 4 and a half million. very few young people watching today. like i said they are disengaged. americans are disengaged. the only way to get their attention and win the election is to come up with solutions to oil prices, iran. >> bill, how are we going to -- oo this is what i am going to do. >> how are we going to have a middle class in this country when the dynamics are what they are visa sri our local competitiveness. i know cnn would say we are not going to get ratings with that. guess what? we have a country that's on the brink. america is in decline whether the president knows it or not. those questions aren't going to be asked.

the president has to redirect the conversation. >> i want to tell everybody laura has a sore back and she came in today. i appreciate it. came in today to do this. we hope you feel better. >> thanks. >> president obama's leadership on gas prices. democrats will grade him on that. spending them not telling them spending them. right back as we continue from la. ugh, my sinus congestion, and it's your fault. instead of blaming me, try advil congestion relief. often the real problem is swelling, not mucus. advil congestion relief reduces swelling due to nasal inflammation. so i can breathe. advil congestion relief. we've got to protect the so i can benvironment. the economists make some good points. we need safer energy. [announcer:] who's right? they all are.

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>> tonight we look at the talking points memo. president obama doesn't seem to have any solutions for rising gas prices. others have been telling us it

is a complicated situation. we know that. joining us from washington fox news analyst kirsten powers and marian walsh. we will begin with you. don't you know oil prices are complicated. you spent a lot of time explaining that today. i was hoping he would have a solution or two so the oil prices might come down this week. alas, no. >> he made the case by -- started today by using the speech. president kennedy in 1962 with the steel companies would use every weapon to get them to reduce their prices. the thing he needs to do is bring the head of he every american oil company to the white house and say look you guys are making record profits and we are living in a recession where a record number of people are out of work or just getting back on their feet. you owe it to fellow americans and this country that have allowed you to make this money.

>> that's exactly what i told them. he can threaten them with an export tax, too. why hasn't he done it? if i am saying that and you are saying that why isn't he doing it? >> i think that's step number 2. he looks them in the eye they may or may not say yes they need to go in front of the american people each and every one of them and let them look the american people in the eye and say this is why we jacked up your prices. that's not going to fly. they can charge whatever they want. >> the dodge by president obama. why hasn't he done it? obviously knows people are being punished. it could set back the economy, taking zillions of dollars out of the economy now why hasn't he done anything? >> i am sure after he watches the o'reilly factor tonight like he watches every night he will take you up on your plan. >> i hope he does. i am not kidding. i hope he does. >> i think -- first of all i think he has put forth a couple different ideas.

he sports drilling. some people think he don't support enough drilling. >> kirsten let me break this to you. he supports drilling? no, he doesn't. the permits are down half of what they were under bush. he doesn't support drilling. what they are drilling what they get they send to china. doesn't matter whether they drill baby drill. it's going to china. that's the problem. >> i think he should confront the oil companies but the one thing that struck me about this, bill, it sounds very anti free marketish. >> it isn't a free market kirsten. oil isn't a free market. oil is not a free market. it is dominated by a hell in the milled east and at home there are few companies allowed to operate in the oil business as they say in texas. >> you think republicans will support this idea? >> that's what i said to laura i

think grah ingram. if any of them had said at last night's debate what i said today they would have won the debate. people are looking for leadership. they are not getting it from president obama they are not getting it on iran, not getting it on the debt and not getting it on oil prices. if anybody could break out and say here's what i am going to do they would win. am i wrong mary anne? >> no you are not. you are assuming obama isn't going to do anything else. >> how long you going to give him? more than 3 years now. >> on this topic you are going to see over the next several days everything you said what i suggested and more. i cannot believe that will not happen. number one -- >> appoint me secretary of energy. i am not going to let him steal my ideas i have to be in there. i will solve the problems. it's a leadership thing. he's not leading. president obama is not leading. unfortunately most of the voters, 4 and a half million

watched the debate last night. that's all. that's all that watched it. more people watched the dopey kardashians instead of watching this stuff. i think it is one of the most uninformed electorate in the last 100 years right now. >> i don't know if that's it or they don't like what they are being offered so they are not interested in tuning in any more because they feel like there's a lack of leadership like what you were you are talking about. the reality is obama was against keystone something he had some democrats coming out and supporting. there does need to be more drilling. i don't see -- >> i am not opposing that. i am saying it won't do any good unless you have a different policy vis-a-vis the oil company. even if you started tomorrow it's 6 or 7 years down the road. you have to do something now. people are suffering now. ladies i got to go. last word. guy

go ahead. >> i think we are going to see him doing something. >> he needs to put it to them and they will reduce the crisis. >> thank you. we would like you to vote. we are asking who would you like to see nominated for vice president. we have your four names. please select one we will give you the results tomorrow, friday. coming ahead as the factor moves along brand new polling romney and santorum in four vital states. >> mailing condoms to youngsters 12 years old and up. mailing condoms to them. we are paying for it of course. those reports after these messages. ♪ [ male announcer ] you're at the age where you don't get thrown by curveballs. ♪ this is the age of knowing how to get things done. so, why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex.

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each. si rick santorum beats obama. very good news. director of university center for politics, author of the book "the people's money." first of all, scott, you think the republican polls are going to change after last night's debate? >> i don't know that the structure of the race changes all that much from the beginning it has been a story of republican reluctance to erase mitt romney. that didn't change match. rick santorum didn't have a great night. the untold story is while republicans have been reluctant to embrace mitt romney for all of the reasons you were talking the lack of leadership they are not embracing anybody else either. >> you are saying it will be more sustained when your poll comes out tomorrow in michigan and arizona which states vote next tuesday you are going to see santorum leading? you think that didn't change last night? >> i don't think we are going to see a change like we saw the

wild swings in south carolina or florida. but in michigan it has been a close race. it wouldn't surprise me to see governor romney ahead. >> you see it the same way, doctor? >> sigh romney having one by default last night in the debate. >> what does it mean by that. >> rick santorum who was on the defensive as a result i would expect romney to edge ahead in both michigan and arizona. >> big leadership comes to me the basic bill things that are not good. so i have to why did santorum? >> because if you are not on the

offense you are on the defensive this was really a two-man match up between romney and santorum. romney kept needling santorum to great effect. santorum at enormous length kept defending himself. >> he looked like he wasn't in command. >> this guy should have lifted it away and said you leave come back in an hour. here's what i am going to do about oil prices. that's the name of the game here scott. you have the democratic party. the perception of his leadership is bad. you are polling everybody else is polling you think the state of the country is good? 35 percent think it's good. that has to be on him president obama's leadership, right? >> it is not just president obama. people are unhappy with the leadership in the white house and they are seeing in if the republican party. two out of three republicans say

their party leaders are out of touch with the base. it's because they are not crap pe grappling with issues. government spending went down in america 1954 voters are looking for somebody to say hey we have a solution. we can deal with the issue. voters are ready. >> you figure those guys would know that because they got paid consultants pushing them out there rehearsing all day. i just siee it as such a wasted opportunity. all of these debates, all of them, how many 20 now or something like that? they are another conservative. >> i did this. whoa. meantime people are getting hammered at the gas pump, they are insecure, 15 percent unemployment, iran giving us the finger every other day and guys are arguing about contraception? this is insane. >> nobody ever took control of

that debate. it was unusually petty. they were focused on bringing one another down instead of as you put it, ceasing control of the debate, talking about the issues they wanted to talk about. it is actually a very good thing only 4 million people were watching. >> good thing for the republicans. i am not giving president obama a pass. he has been out here three years and he goes to miami and says nothing. it's complicated. like we don't know that? we know it's complicated. that's why we elected you to fix complicated stuff. got to give you the last word. >> that is again people are looking for an explanation not of what happened or what went wrong what are we going to do about it. how are we going to fix it? when we come about a outrageous situation. state of california sending condoms in the mail to teenagers. find out what that is about in just a moment.

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>> thanks for being with us. i am bill o'reilly reporting from california in the culture warriors segment. two very hot topics. california is sending condoms to teenagers through the mail. we are paying for it. first booze and kids. i addressed the issue on leno tuesday night. >> look, you know, this whole sub culture of drugs and alcohol is bad. we have to make a judgment call here. especially for children. i don't tell adults what to do. but for children they think it's okay to smoke pot now. it's not okay for a kid to do that. that's not okay for a kid to get drunk. >> research backed up my position. dartmouth medical school says teenagers who watch movies with

teens drinking alcohol are more likely to start drinking than those who don't watch them very much. the study says movies have more influence on kids and drinking than their parents do. >> astounding. how many have we covered on this show when we can explain the fact that the parents are the role models for kids. not so. who would have ever thought movies would contribute to binge drinking. we are talking about scar face, the last supper, godfather, glory days, sideways. movies you wouldn't necessarily think would be that bad for your kids to go to when they are over 17. here's the thing. should we reconsider restrictions on alcohol and movies. >> censorship never works. that's not the solution. the solution of hoover is what i said last week to jay leno is

the media and stars that children admire have to start making public service announcements saying, you know what, getting stoned is stupid. the last time that happened was nancy reagan. it should be public service announcements all over the place. snoop dogg and willie nelson. this has got to stop. i think that would over ride them the entertainment stuff which kids think is cool. >> that is right. with the doctor of the study. we do a lot of studies on the show especially on this segment. this is probably the most serious study we have ever looked at. there are 6500 people in the courts published by a british medical journal published by science for over 170 years. this is a steer why yous study. it doesn't just say that the

media has more impact but it says it does directly impact binge drinking in a way that kids who are exposed to parents drinking every day. >> they think they are having fun. in the movies they are having fun. they don't show them the down side. we are not doing a movie about skid row. we are not going to a drug rehab center and watching these people suffer trying to get off the stuff. >> would you ever believe that that would be more important in shaping the development of our kids and how much they drink than whether or not it is easy to get access to booze in their own house or whether or not their parents drink? >> i don't think it's just the movies it's the internet tv and the combination. i have to get to the sub topic here. this is an amazing story. out here in california beautiful 80 degrees and all that. california department of public health is sending to certain counties in this state condoms to kids. condoms to kids. it is a federal program.

250,000 dollar grant from the centers of disease control and prevention. if you are between 12 and 19 you can order a package of condoms on-line and they will just send them to you. >> you gotten a month. they come in an envelope so nobody knows what you are getting. you know what you are also getting? condoms and lubricant and package telling you all about std's so you are not spreading them. it's going to four or five counties in california. but the best part is federal dollars are paying for it. me in new york i am paying tax dollars so a kid in curran county california can get 10 free condoms a month in the mail so his parents don't know. >> that same kid can go in a drug store anywhere in america if they have enough money and buy the same condoms. >> and they should not with our tax dollars. >> that's exactly right.

so the only beef i have with this, because you are not going to stop kids from doing this the only beef i have is we are paying for it. >> my local pharmacist is not going to sell condoms to a 12-year-old. not going to do it. i am not so sure it is as easy as you think it is for really young kids. if you are 17 and up, look. i don't want to pay for it, but this is the trend in our america this year. we are all going to pay for the pill now we have to pay for condoms for kids. i guess the next step is we are going to pay for everybody to go to club med. >> if they are having sex they should be having protected sex. we want to stop std's stop unprotected -- >> public service announcements can cover that. but the nanny state is athat is being created we have to send the kids condoms. >> i can image my father when i was 12, billy o'reilly

department of health comes in i can't get it up here, i can just image the conversation at the dinner table. >> the parenting it all comes back to the parenting. maybe you wouldn't be ordering them if you had parents who were talking to you about it. >> i did order them, we used them in water balloon fights. >> they wouldn't send them to me free. it is a nanny state alert ladies and gentlemen. we appreciate it, warriors. okay. megan kelly is up next. the supreme court will decide whether american colleges should take race into account when it has students huge affirmative action case moments away as "the factor continues all across the usa and all around the world. we will be right back.

>> let's get to megyn who is in new york city analyzing the u.s. supreme court will decide whether the university of texas has a right to take ethnicity and race into consideration when making admission decisions on students. this is enormous. this case will have>> this could wipe out the use of affirmative action in in college admissions. it was in 2003 in time they said we will probably consider this. you can't have affirmative action forever. 25 years later they would take a look at it. here we are we are not ten years

away we are 9 years later the courts look different than it did the last affirmative action took place. elena kagan was solicitor general. you have the four liberals one of them is gone. now you have three liberals verses four conservatives and one swing justice, justice kennedy who has not been a fan of affirmative action. that is the context. >> you tell me where i am going wrong. i know how much you enjoy doing that. all right. the liberal point of view on it in in the supreme court ruling on it said listen because of historical atrocities directed primarily toward african americans and native americans, the playing field has still not been installed at a legal basis. that culturally blacks and american indians are held back

because they didn't have the resources, they didn't have the traditions that the white people have. >> right. there's even bias in certain testing that you consider the sat. >> i throw that out. i don't believe that for a second. >> all right. fine. >> here's what i do believe. that's true. i do believe that because of poverty, particularly, all right, that african american students and not all of them but a lot of them and native american students are at a disadvantage live in bad neighborhoods, they don't get the tax dollars they do in the rich neighborhoods. they don't go to prep schools, all of that. society does have an obligation. that is the primary argument for affirmative action in college admissions, correct? >> yes. there is really not been a lot of question by sound minds that that has been a legitimate problem when it comes to college admissions. the question is whether it remains a legitimate problem.

that's where they differ. >> does the other over ride it? i think it remains legitimate. but now you have to look at the fairness that you are depriving people based upon race a college they would like to go to. >> we have equal protection clause in this country. it doesn't just protect minorities, it also protects whites. in this case you have a white student who was denied admission to the university of texas saying, the reason i didn't get in is because kids who have lower gpa's lower test scores than i did were admitted because of the color of their skin. even though the last case said you can consider race as one of many factors when you are making your admissions decisions, she says the university of texas considered race as way too big a factor and the business of dividing yourselves up by race continues. she says that violates the constitution. >> what is happening here is that individual that student it

is unfairly treated to right a historical wrong. i am sympathetic to that. the university would have to say look here's why the kid didn't get in if his test scores are higher than others. you would have to explain that to me. >> the way you would explain that is to say we had the following numbers minority enrollment was abysmal. we needed to do something to boost the number of diverse applicants and diverse students. what they are saying the university of texas had no diversity. they were following a rule prior to affirmative action accept everybody that includes many people of color. they were saying that wasn't necessary to make race an

unusually heavy factor>> it will be hard for the court to define what it will be. >> when will it be decided this summer. >> not this term but next fall probably before the presidential election. at least the argument. >> thanks as always. 90-year-old woman dancing getting down. show you more of the tape in just over two minutes. follow the wings. ♪

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website and please spout off about the factor from anywhere in the world. oreilly@foxnews.com. any time, if you wish to opine. here is the word of the day, please do not be mendacious when writing to us. okay. i'll give you a preview that tomorrow, charles krauthammer is going to be here. we'll get into the issue with dr. krauthammer. that is debate debates are over. mitt romney wins those states he is likely to get the nomination. if rick santorum upsets mitt romney, then all bets are off and super tuesday march 6th will be the primary motivator. so we're going to shift into the leadership issue, president obama, things like that. again, thanks for watching us tonight. i'm bill o'reilly, please remember,