>> who is ultimately responsible? it is the president, correct? >> for the rwebsite? >> the president is ultimately responsible for the rollout. >> who do you answer to? >> i answer to the president. >> mea culpa kathleen sebelius, political reporting may continue to ride the wave of health care cancellation notices. >> it's embarrassing, i think, for them to have to come up to explain this and defend what was a major disaster, but i think as the president said, this isn't just a website. it's much more, and i think the things that are going to be harder for them to defend are the canceled policies and the insurance premium increases and all of the thingses hitting middle-class americans now. >> a new nbc/wall street journal poll showing the issues have put a curse on the left, right,

center and the majority of the americans saying the health care law is a bad idea and we need to fix it or nix it. the president's approval rating has hit an all-time low. 62% not approving. and they want to send lawmakers packing. >> it's always to the republican in congress' benefit when they don't have anything legislatively to do, and at the moment, all they have to do is beat up on the president and that's working, i think, all politicians should use this moment as a time to talk about what the country needs and what your party is for and more importantly, how you make the country a better place. >> joining me now is democratic senator bob casey of california. we saw eric cantor suggesting that president obama knows the enrollment numbers that exist to date and obama alluded to it yesterday when he said that more people were buying new plans online than a couple of weeks ago. the president has enrollment

data that the president continues to hide. two republicans are set to endorse a bill to force the secretary to release weekly reports about what's happening on the website. so do you think, do you feel the administration knows a whole lot more than it's letting on? >> we'll see when the administration reports those numbers. that's an interesting development. you've got washington, d.c. republicans who are trying to introduce health care legislation upon. that's big news because they haven't done it for -- for almost a generation. the problem we have right now with this town is that you've got some folks here trying to fix the legislation and trying to make sure that this bill gets implemented and that's the administration's responsibility, but you've got a whole other group of people here who do nothing, but root for failure all day long and now at least they're paying attention to the issue, but where have they been when we've been trying to fix the health care system for a generation. i think they have to do more

than root for failure. >> you saw the political article that we mentioned earlier about the wave of cancellation notices, how republicans are now utilizing that information and we had senator ron johnson of wisconsin saying he'll introduce his own legislation to allow people to keep their plans. here he was briefly. let's take a listen. >> we'll put in a true grandfather plan that if you have a health care plan today, you can keep that plan. i hope my colleagues will join us in at least passing this measure. >> so if you have a health care plan that you like today, again, is there an intellectual dishonesty that's happening here from republicans who are not willing to admit that the shame should really be on private insurance companies who have been selling junk policies to these millions of americans that don't meet the aca's federal standard of health care that people have in the country.

there are millions of americans that have been one disaster that they can't comprehend going into bankruptcy because of the fact that they've had a junk policy that has given them a falsity of safety some. >> i think that's a great point and we have to make that point in a more determined fashion. people of both parties should, but the basic agreement, i think, that people have with the administration is that they know we've got a system that's broken, that the number one driver of the debt is healthcare. so we've got to be able to fix this system. part of that is the implementation which as i said, the administration must not only implement the law. they have to communicate better than they have, but the point about the coverage, the quality of the coverage, if someone has a bad policy where even hospitalization is not covered. not only is that person worse off, but our economy is, because

they're going to get the health insurance in the emergency room, that drives up costs for all of us and it's bad for the individuals, as well. i'm hoping maybe, just maybe the republicans are finally interested in quality health carrot lower cost, but up until a couple of days ago they weren't talking about health care almost for a generation. >> bob casey of pennsylvania. thanks for making time for me this morning. i appreciate it. >> we say good morning to special correspondent kelly goff and the managing editor. james, let me start with you. how do you think that kathleen sebelius did on the hill yesterday, if you were rating her presentation and the way that she answered? did she put up a good fight? >> i think so. i think i would give her an emmy, an 8 or 9 on the scale of 10. what the administration needed for her to do was two things. one, kind of toe the administration's line which is

confronting the challenges, saying the mea culpas, acknowledging the problems with the website, but trying to stay focused on the affordable care act itself and even in the acknowledgement of all those problems. i think she was pretty clear. i think she defended herself well, but most importantly, she accepted responsibility and proved she was accountable for these challenges and whether or not she is a technical expert, the buck stops with her. >> if it seemed like a three-point strategy of coming out and admitting mistakes and explain the failures and trying to raise the confidence of the american people to seek a second chance and make a better first impression on a 2.0 and the nbc wall street journal poll shows 47% of people think obama care is a bad idea. while 47% think it is a bad idea. suggesting that many democrats maybe seeing the republican side of things when it it comes to the aca. take a listen.

you will see more democrats coming to the view that we ought to delay this. maybe there will be movements in crackses who are starting to see that who are recognizing that this is hard to defend with the constituents who are seeing the canceled policies and the insurance rate increases. >> is it not so much about defending it to their constituents, but explaining that you had a subpar junk policy that does not meet a mandated requirement of quality care in our country? basically, you were being boon doggeled to pay for something worthless? >> the insurer shifted all of the costs and risks of coverage on to you and you have to pay more and that in the new policy and more comprehensive policy, while your up-front premium may be more, your overall health care costs could lower. at the end of the day if you have a condition or a disease you are going to be paying less for coverage. >> the shame should be on the

private hurers that have had a lack of good regulation for years and how they're trying to charge everybody is ridiculous. more regulation is coming over that, but kelly, what are republicans thinking? what are the next moves once the site does get up and running and then people start to find out they like the benefits of this. they're secure with the benefits of having health care. >> if you don't have health care, having health care is better, right, thomas? >> yeah. >> i think they're getting exactly what they want which is a death by a thousand cuts. the president's approval rating is at an all-time low. it hurt the plan far more than it damaged the president's democrats and the news coverage of what's been completely wrong with obama care. the irony is if they cooperated and tried to help, who knows how much better off things will be going for obama care, right? they did everything they could to obstruct it and then they say see? it's not working. they're getting what they want.

he was going on with a huge advantage into midterms. the numbers for the gop could not have been worse going into midterms with the shutdown and now they're getting what they want and now it's hurting the president and the democratic band. >> let's talk about ted cruz, and because it's halloween, we have special music. everyone is trying to get what i'm doing here. politico says he's telling his colleagues that he won't intervene for the senate conservatives fund. is this a way for cruz trying to make nice with the colleagues he angered? >> it's one thing for him to say that, thomas, but i -- i have to see that in practice. is he really not going to support the tea party and the candidate that's challenging mitch mcconnell. he's not going to support some of the high-profile tea party candidates that are drawing the early funders that are centered

to his own presidential fund. we need to see him disavow and disconnect himself from his father's statements about the president. while he's trying to reach out to the moderate republicans and he's got to take his own shop. the rachel maddow interview and he had this to say about. cruz's future. take a look. >> if i didn't care so much about our country i would hope he would get the republican nomination for president because that would be the end of the republican party. >> in what sense? >> he stands for everything america doesn't. >> it would be the end of the republican party. are those strong words? might ted cruz be the democrats' secret weapon in 2016? >> he managed to single-handedly drag down the republican approval rateing to the lowest number in history, to the lowest number in the history of polling and it's hard for me to imagine

as he looks to 2016 and ambition that he'll have a lot of support from the people who fund republican elections from big business and traditional republican establishment and yes, he has a small vocal and loud support in the grassroots, but if he's really serious, i think, he needs to work as a senator. he needs more of those olive branches he's now extending and we'll see where he gets and if he runs in 2016, it will really hurt republicans and the tea party plan and we heard from people like bachmann, how does he do it? ? how does he broaden the tent in fellow republican basis? >> we don't know if he wants to do that, thomas. we don't know if he wants to become the next reagan or the next sarah palin. sarah palin became a queen maker by going out of establishment

politics. he wants to play kingmaker for the rest of his life and he's well on his way for doing that and he's not going to do that by extending olive branches so it remains to be seen. >> kelly goff, james peterson and igor of big progress.org. thank you very much. have a good holiday. i don't know if you've seen igor's holiday pictures. that's a good plug for his twitter handle. join our agenda setters and just log on to msn msnbc.com/thomasroberts. what scares you the the most about our current political climate? weigh in on twitter and facebook. 47 million americans who rely on food stamps will see painful cuts starting tomorrow and it may only be the beginning. more cuts could be on the way. coming up i'll talk to congresswoman barbara lee who is an impassioned defender of the food stamp program who is someone that relied on them to pull themselves up and out of

it. actor and politician fred thompson will join me to talk about his broadway debut in a play "a time to kill." i've gotten to see it. it's fantastic. we'll be right back. ♪ ♪ constantly putting out fires. so i deserve a small business credit card with amazing rewards. with the spark cash card from capital one, i get 2% cash back on every purchase, every day. i break my back around here. finally someone's recognizing me with unlimited rewards! meetings start at 11, cindy. [ male announcer ] get the spark business card from capital one. choose 2% cash back or double miles on every purchase, every day. what's in your wallet? i need your timesheets, larry! i can't believe your mom has a mom cave! today i have new campbell's chunky spicy chicken quesadilla soup. she gives me chunky before every game. i'm very souperstitious. haha, that's a good one! haha! [ male announcer ] campbell's chunky soup. it fills you up right.

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. the hunger cliff, it's a term being used to describe the latest hunger crisis because tomorrow 47 million americans who are barely getting by on food stamps every month will go over it, and there is nothing that anyone can do about it it. the automatic cuts of the 15% will mean 24 fewer meals a month for a family of three. so what happens when those already struggling on food stamps face more uncertainty? they're forced to turn to other resources. my colleague recently visited a food pantry in queen, new york,

and and says how dire her situation is about to become. >> many of those without a job. elizabeth ferreira is a single mother with a masters degree. >> i need the food pantry in order to survive and feed my three children because it's really hard to get a job out there, even though i have all of the qualifications they still don't hire people. >> teresa abdul has to stay home to take care of her disabled 15-year-old daughter. >> my 6-year-old sometimes she tells me she's hungry, sxri nothing to give her so it's very hard. you know, when you just have milk and you have to warm it and give it to a child who is 6 and the next morning she goes to school without food. >> joining me now is congresswoman barbara lee, a democrat from california. you've been very honest and forthright about your own past having survived on food stamps and you know exactly what these people are feeling and going through. what do you say to republican colleagues who seem to have fall own deaf ears when it comes to

the millions of americans which a good number of them happen to be children and the working poor. what do you say to them tomorrow? >> what i say to them is, first of all, it's a moral disgrace. this is not the american way. people deserve to eat. many people go through challenges in their lives. the majority of people on food stamp benefits actually are working. they're part of the working poor. they're making $7 to $8 an hour, mind you, and so until we create job, real jobs and pass some of the president's jobs bills and create workforce training opportunities for people. people need that bridge over troubled water, and so i say to them, this is not the american way, and they need to get with it because there are people in their districts in rural, you are an and suburban communities who will feel such desperate pain tomorrow and that's when both sides of the aisle meant to hamper out the long-delayed

house bill and that calls for $39 billion cut to the food stamp program, but it reinstates the work requirement that could force $3 million recipients to the program and it will call for less drastic cut and many are saying that the fact that lawmakers got together that that's a decent and good sign, but how worried should those who rely on food stamps be. and where they stand as a marginalized and maybe underrepresented society in washington, d.c., for our elected leaders. >> i'm very worried. first of all, the $29 billion cut and the $4 billion cuts, we have two phenomenal leaders on the congressman committee, congresswoman marcia fudge from ohio and the congressman from massachusetts who are fighting the good fight on that committee, but in addition to the cuts you have these onerous work requirements. come on, thomas. the jobs aren't there.

we have to create jobs, and as i said earlier, people who are working they need a living wage, they can't survive off of $7 or $8 an hour without medicaid and without snap benefits and so i am very worried and i hope the country wakes up. i know the the faith community is concerned and this is the least of those that we're talking about those and for those who care about american values and who have any semblance of a moral center, they need to let the conference committee know that this is unacceptable. >> congresswoman, there are a lot of people that would promote their moral center on the right and they use their moral center to promote themselves and then they use the same lines of saying that these people are takers, not makers. >> but that's just not true. >> right. >> but that's just not true. i know that for a fact. when you look also at the economic benefits of s.n.a.p., for every dollar spent on s.n.a.p. benefits we are getting

$1.70 on economic growth. it impacts grocery stores and farmers and it impacts the entire economy. they need to get with it. they need to stop being so mean spirited because that's what it is and they're demonizing low income people. they're demonizing women when in fact, they should be trying to work to find opportunities to fund workforce training, education and to create jobs so that everyone can live the american dream. americans deserve that. >> congresswoman barbara lee of california. thank you for your time. >> my pleasure. >> new surveillance video is showing a teen right before his bizarre death. coming up, more on his family's desperate search for answers may be recognized. >> and the man who with was about to jump off a bridge. in the nation, we know how you feel about your car.

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for the first time about the mysterious death of a georgia teen. authorities released surveillance from a high school inside the gym where kendrick johnson was found dead in a rolled-up gym mat. gabe gutierrez joins us live from macon, georgia. good morning. >> reporter: thomas, good morning. local authorities called the death of kendrick johnson a freak accident, but his parents call it murder and they have been fighting to re-open this case. newly released surveillance video shows small glimpses of kendrick johnson's final hours. the 17-year-old is seen entering his high school gym in valdosta, georgia, but the video does not show how his body ended up here in a rolled up gym mat. >> we have to fight for him because if we don't fight no one will. >> they believe their son was murdered, and after an autopsy deputies and the georgia bureau of investigation concluded that johnson died in a tragic accident, that he fell head

first into the upright mat, reaching for a shoe, got trapped and couldn't breathe. >> based on the information that we know now, the autopsy findings, our investigative findings and our case is closed. johnson's family hired a private pathologist performed a second autopsy was due to blunt force trauma to his right neck. a spokeswoman for the gbi says the agency stands by its team of medical examiners 100%. >> we want justice and we're not stopping until we get justice. >> will the federal government re-open the case? this afternoon in a scheduled news conference a u.s. attorney is planning to weigh in publicly for the first time. only a small portion of that surveillance video has been released. kendrick johnson's family is asking for 1900 hours from the two-day period when johnson went missing from all of the surveillance pictures in the school. it might take a few days for all of that to be released and

kendrick johnson's family hopes that video will finally give them answers. we're awaiting the news conference from the u.s. attorney this afternoon. >> nbc's gabe gutierrez in macon, georgia. thanks so much. here's a look at stories topping the news. frequent flyers, listen up. you may use your electronic devices during the flight. ereaders and games, cell phone calls, they're still banned. new reports that the nsa has secretly that happened the main communication lines that link yahoo and google data centers around the world. "the washington post" and "new york times" claim they have coped vast amounts of emails and other information from hundreds of millions of users. in less than an hour cory booker will be sworn in as the newest senator from new jersey. booker will fill the seat once filled by frank lautenberg who passed away in june. a bus driver went above and beyond to save a distraught

woman from the ledge of a bridge. the the driver, darnell baton stopped his vehicle, got out, and helped the woman back over that guardrail and then sat with her to console her on the side of the road. boston stronger. the red sox beating the st. louis cardinal, 6-1, clinching their first world series win in nearly a century back in boston. go sox! [ male announcer ] imagine this cute blob is metamucil. and this park is the inside of your body. see, the special psyllium fiber in metamucil actually gels to trap some carbs to help maintain healthy blood sugar levels. metamucil. 3 amazing benefits in 1 super fiber. ♪ ♪ if i was a flower growing wild and free ♪ ♪ all i'd want is you to be my sweet honeybee ♪ ♪ and if was a tree growing tall and green ♪ ♪ all i'd want is you to shade me and be my leaves ♪

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all right. so early voting is under way in texas and it turns out the gop-backed voter i.d., thanks to the new voter identification law. why, you're asking? well because the name on his driver's license which is an acceptable form of i.d. carries his full name, gregory wayne abbott, but that doesn't match the name on the state's voter

registration list where he is greg abbott. state senator wendy davis, abbott's likely democratic opponent ran into the same problem earlier this week. >> like many women who are vetting in texas today, i was required to sign an affidavit because the name on my voter registration card is slightly different than the name on my driver's license. my driver's license includes my maiden name. my voter registration card does not. >> co-director of the advancement project. judith, it's good to have you here. as we talked about the original bill, it was drafted by republicans and it would require voters bringing a document bringing their name change with them to the polls. it's a bit of irony that thanks to this amendment that wendy davis introduced in 2011 that allows greg abbott to have an affidavit and still vote. is this the collateral damage that is going to happen because of something so restrictive not being thought out ahead of time?

>> some of it's not collateral, you know. when they passed these laws this was about manipulating the voting rules for partisan gain and, you know, we knew from the beginning that women were going to be disproportionately impacted along with people of color and young voters, and it's not just in texas. it's in other states where these e. i.d. laws were were passed over in wisconsin. these are the same people whos passed these laws in texas. they made it an emergency piece of legislation, the same people who are passing these laws are the same people who want to roll back civil rights and women's rights and for young people take away any opportunity to go to college. so this was part of the party's platform for making it harder to vote for particular groups. >> so we look at your website and we have staggering statistics and eye openers for people. in texas, over one in ten registered voters lack i.d. and

we have 127 counties that don't have i.d.-issuing facilities and the justice department that's currently suing texas over the strict law. so what's next in the battle and what role do you in the advancement project play? >> right. first, you should know that the department of justice says about $1.4 million eligible voters in the state of texas do not have the i.d. that's required and so what we have to do now is there's litigation that's going on that's brought by the department of justice and a number of civil rights organizations, but we also have to fight on the other side which is making sure that we can start to get people the i.d. if we actually end up losing, but we've got to take these laws on because people need to understand, in pennsylvania and wisconsin, in north carolina where they have them there are millions of people that will not be able to participate. we need to have free, fair and accessible elections.

we are supposed to be the leading democracy in this country and to pass these laws that make it unequal for people to participate is just a traves travesty. >> the advancement project, judith brown, thank you. >> thanks, thomas. we take a look at the wall street journal poll finding the battle over obama care have not republicans any favor. the new poll finds 22% view the gop favorably, while 52% view them unfavorably. they enjoyed a 44% rating and back then, frank thompson was representing the state of tennessee in the u.s. senate. thompson who was an attorney, columnist and brief presidential contender has turned his real-life roles into memorable characters and perhaps most notably as district attorney ath you are branch on "law and order." >> well, now, he can add broadway to his considerable resume. thompson is currently playing

judge omar noos in "a time to kill." all of us are here for one reason, to serve justice in this case. let me make one thing real clear, i won't tolerate any monkey business, you understand? >> former senator fred thompson is with me now. it is great to have you here and "a time to kill" was great, as i was telling you i was there on opening night. when you hear the poll numbers of the republican party now, what would you say to your friends in washington, d.c., about how to improve the brand going forward? >> i think that everybody's numbers are down right now and the president's approval numbers are down to about 41% now. of course, republicans are much lower than that. democrats are faring a little bit better, but everybody is down right now. most people feel like the government will not do the right thing any of the time anymore, those numbers have switched over

the last few years. people are down on government in general for a lot of different reasons and i think this strictly is a political matter, and i think a year is a long time. i think the conversation removed from obama care to the shutdown and the conversation is going from the shutdown back to obama care and the rollout, you know? so it's difficult to tell. most people still like their congress person, even though they don't like congress in general. isn't that funny how people can remain teflon. let's talk about a time to kill because it's a fascinating work, in a movie that is so recognizable and so many people have read this book and the play has been open for ten days and it's so amazing that it was brought to stage. >> thank you. >> and what do you think about

this role? major movie roles and major big screen roles? >> it's a totally different thing for me. to say the least i've never been on broadway before. i've done minor theatrical roles and nothing like this. it's based on a john grisham novel and it's a brilliant adaptation of rupert holmes and it's a wonderful cast, and it's done in a very interesting way. everybody who read the book, saw the movie knows how it end, but getting there, lots of twists and turns, a little humor and a lot of serious discussion and it was -- it's just been a wonderful experience for me, and the best part of it is the audience seemed to really get into it it and really enjoy the people who see it. >> it's set in mississippi and you're originally in alabama. and so how do you think that the modern adaptation of this story

resonates still today? >> it's not that the ku klux klan today is back the way it was in those days, and it certainly brings issues of a broader nature that are still always with us and have been historically and that is balancing out truth and justice and when do the ends justify the means and when is it okay to take a terrible circumstances, terribly evil deeds in response to that, do something that is wrong, really murder in response to that even though it's understandable and how does the law view that? we may feel will a certain way about it, but how should the law deal with that and how will the lawyers handle that? it's a behind the scenes look at the practical sides of the lawyer getting paid and using the insanity defense and when

and how you do that and when is it justified? >> it's justice, morals, human nature is all on display. there are moments of levity which i was surprised which you were able to craft and that the writers were able to craft moments of levity where the audience does feel comfortable engaging in the laughter. it breaks the tension and once the audience understands it's okay to laugh with the funny parts and they get okay with it. >> and do we have the law and order -- ♪ >> yeah. do you shiver when you hear that? i know i do. >> i smile. it's a reflexive thing. fred, great to have you here. >> appreciate it. >> good luck as the show is on with broadway. >> a woman from north dakota plans to tackle childhood

obesity and get this, she'll hand out letters to trick-or-treaters that she thinks are overweight or obese, advising them to lay off the sugar. this is just random images of kids trick or treating. it's not the actual woman that will be passing out those information leaflets. after we saw this homorning's costume unveilings. here are some of our favorites. >> we need help. >> you're right, lonnie, where's c.j.? >> is someone drowning? i brought my cans. >> that was willie geist, matt lauer with the real-life carmen electra and yes, that is willie's chest hair. that was not fake. no animals were lost in the life of that chest hair. you can read her about these stories by heading over to my facebook page. need a tow or lock your keys in the car, geico's emergency roadside assistance is there 24/7.

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feeling tired? your mind may affect your body. new research compared the physical endurance of people after they've played a strenuous word game against others who watched a movie. the group who played a word game tired 13% faster even though their muscles were equally fresh. i am as frustrated and angry as anyone with the flawed launch of health care.gov. so let me say directly to these american, you deserve better. >> so that was health and human services secretary kathleen sebelius yesterday apologizing for the major glitches that have plagued the obama care website since october 1st. thousands of americans across the country have managed to enroll in affordable care and some have found they're saving

quite a bit of money. 57-year-old gail from pittsburgh joins me live. we appreciate your willingness to share your story. explain what was your enrollment process like and people are talking about the time involved here. what was it like for you and the time commitment involved in getting properly signed up? >> there was a lot of time needed to do it, approximately an hour, but it was time well worth it. and the customer rep was very knowledgeable, very helpful. >> and i want to talk about the time well worth it because it boils down to money and the savings that you're able to have now with the comfort of knowing that you have a standard of health care. so you were able to save a huge amount. from what i understand your monthly premiums have gone from $509 a month to a $70 plan, plus additional tax credits because you qualified for both -- it brought your grand total down to

a measly $1.11 some. >> yes, it did. >> for health care? >> yes, it did. how is that going to change your life? >> that was in comparison to a $509 plan that you were paying for. >> um, it just really will fit in the budget and me being a type 2 diabetic, i need certain things covered and this plan will cover these things, and at a savings, a great savings. >> and what do you say to those people out there that might be reluctant to visit health care.gov because there have been glitches, there have been problems and as you say, it was a time investment, but it it paid off for you, but what would you say to those people that could be reluctant? >> i would tell them to -- when you go on the marketplace, first of all, i would dial the 1-800 number that's provided and talk to the rep. tell them what you would like to happen for your health care and

just be very patient and things will happen for you. ? all right. so again, you're paying $1.11 for the premium for the first year. that doesn't mean that it may not go up next year. are you worried about that? >> not at all, sir. >> not at all. i think a lot of people would be impressed with the amount you're paying out of pocket now. thank you for coming on and sharing your part of the story with us. i appreciate it. >> thank you. >> we askedio you answered. on this halloween, what scarce you the most about our current political climate? a.j. tweeted that we have to do this whole budget showdown in january, #, and dan, i'm concerned by the political faction that seems to be trying to destroy the government from within. the conversation continues and keep the comments coming on twitter or facebook. i love that just washed freshness, but then it goes to the closet...to die. so try new glow unstopables.

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unbelievable developing news out of l.a. take a look at this amazing end to a car chase 15 miles north of downtown l.a." police were pursuing the robber. the cop bumps the car. it turns around, starts going backward. then police, they finally block that vehicle. right now the chase is over but the suspect appears to be in that vike. we're looking at what happens to be this standoff. both police cruisers have blocked in the driver they have gone for. we'll keep you posted on that. new gallop poll shows support for death penalty at a low. it's the lowest since 1972 when 57% were in favor. the report comes at a time when officials in ohio say they have rub out of drugs for lethal

injections and turning to controversial alternatives. it began when a manufacturer stopped selling the drug because they wanted to distance themselves from the science of killing each other. as ohio seeks alternatives they could set up for legal and moral roadblocks. joining me, co-host of the cycle. states like ohio turn to other types of drugs called compounding pharmacies not regulated by fda. we have missouri one of the latest to cancel execution planned on using propofol but found there would be legal problems. explain questions around the country. >> one of the big problems is there are rules against using humans as test subjects. even though they have been set up for capital punishment in the legal process doesn't mean we can treat them for guinea pigs for punishment, execution that's never been tried before with

drugs. you can sue for cruel and unusual punishment. have you a claim if this is a drug cocktail that's never been used to execute anyone. >> we have 32 states that use lethal injection as primary form of capital punishment. so are there any states ruling out using the drugs now and going back to older forms and other options for going through with the death penalty. >> basically several states like florida that moved away from execution in the electric chair or gas chambers earlier in history. they have tried to move towards these drugs. manufacturers backed out of this game. they don't necessarily want to be in the execution science activity anymore. what you have are basically a shortage. that's not being filled in any good way. what it means, essentially if you're unwilling to use the electric chair as most of these states are and the supreme court highly disfavored you have to use drug cocktails. >> we continue to watch poll numbers go down for people in

support of the death penalty. this is fascinating. thanks so much. as always you can catch ari on the cycle weekdays on msnbc. that wraps up for me. i'll see you tomorrow at 11:00 a.m. eastern time. among those joining me will be former vermont governor howard dean will be here. don't go anywhere, "now" with alex wagner is coming up next. alex. >> when? >> i have to look at the monitors. >> patrick says i have snakes in hi head, so i'm wearing them. >> if it's thursday, it's thomas roberts foam medusa dress. there is no more fetching medusa. happy halloween. after pushing the economy to the edge, ted cruz dons his teflon jacket. we'll discuss with our guests.

marco -- polo? is anyone going to take up immigration reform? as of now, no tarks in gop. we'll discuss that when now starts right after this.

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this week cruz channeling his inner joe mccarthy ratcheted up the rhetoric refusing to walk back his father rafael's comparison of president obama to cuban dictator fidel castro. ted cruz's seasonably appropriate sieve zealot costume is not exactly frightening democrats who see cruz and his descendants as the enof the gop at least according to majority leader harry reid. >> if i didn't care so much for our country, i would hope he would get the republican party nomination. that would be the end of the republican party. >> indeed with his turn at the captain's wheel signs of a party decline are coming into view. according to latest nbc news "wall street journal" poll, the public's view of the republican party has reached another all-time low garnering just 2 % approval rating. at the same time "new york times" reporting that the democratic party is enjoying something of a boomlet in newly declared candidacies