midair collision, small plane and a tourist helicopter collide in a deadly accident over new york's hudson river. what went wrong? historic day. >> i sonia sotomayor do solemnly swear -- >> sonia sotomayor becomes america's newest supreme court justice, first on many fronts. end of the road. tonight, after you get the cash, where old clunkers go to die. and abbey road, why fans are once again pouring into one of and abbey road, why fans are once again pouring into one of the most famous streets.

captions paid for by nbc-universal television good evening. we begin with a horrible air disaster here in new york city today. a sightseeing helicopter carrying a group of italian tourists collided in midair with a small single engine private plane. tonight, a total of nine people are feared dead. it hand in clear skies above the hudson river. stunned onlookers on both sides of river watched as the aircraft fell to the water and hurled debris onto the new jersey water front. we have two reports on the collision and the many safety questions it is sure to prompt. let's start with nbc's jeff rossin here in manhattan with the latest. jeff? >> lester, good evening to you. here's what we know at this hour and the story is still developing into the evening. the helicopter took off around noon today from here at the heliport on the west side of manhattan just seconds after takeoff, authorities say it collide with that small plane

over the hudson river, between new jersey and new york city. witnesses say they heard a big boom. tonight police divers are in the water searching for bodies. >> the midair collision was so violent both the airplane and helicopter aren't even visible anymore. now at the bottom of the hudson river, nine people total, all killed. >> i just saw the puff of smoke and the blades fly off. >> it went right in and there was a splash and it was completely submerged just like that and there was nothing else. >> aboard the silgt seeing helicopter, five italian tourists plus the pilot, on the airplane, the single engine p e piper there were three people including a child. police boats rushed to the scene and recovered three bodies. the rest remain trapped in the wreckage underwater. >> this has changed from a rescue to a recovery mission. an that probably was what we t could have started out with the instant it happened. >> on this clear and sunny day, the airplane took off from

new jersey's teterboro airport and flew south toward new york city. moments later, the sightseeing helicopter took off from the west side of manhattan. officials say the plane hit the back side of the chopper and from there, disaster. >> so then we saw the rescue boats, rescue helicopters. just went after like a minute. it was that quick. >> a group of tourists on a nearby boat snapped these photos of the chaotic moments after the crash a police helicopter dropped life preservers into the water, hoping to save survivor, there weren't any. this woman had tickets for that sameelicopter tour and just missed that tragic flight. >> thanks to god, i think. because it's important. because we have a new chance in this life. >> this is the second crash on the hudson this year. in january, the miracle of u.s. airways flight 1549 where all 155 people on board survived. today, there would be no miracle. >> this is not going to have a

happy ending like when the airbus went down in the river where everybody survived. in this case, we believe nobody has. >> and ntsb go team has just arrived on the scene tonight trying to figure out exactly what happened here. we should mention there are cameras up and down the hudson river. so, less ste, they're hoping the fact that it was caught on tape. >> in just a moment, we'll hear about that busy stretch of airway there, but you're a private pilot in general, are there rules to the road as to who has to avoid who? >> there are. it works theame as you're driving on the road, you have to stay it on the right. especially in this corridor of the hudson river. you stay on the right, you pass over planes on the right. in this case, it's important to note that a plane almost has the right of way over a helicopter mainly because a helicopter has more maneuverability, it can stop on a dime, hover and drop faster than an airplane can. >> jeff, thank you. as promised today's accident

brings up a host of questions about the safety of skies above new york and other major cities. ron allen explains. >> it's probably one of the most breath taking sight seeing trips in the world, flying along the hudson river, gazing along the skyline of new york. however, today's crash re-ignites a long simmer debate here whether that narrow and crowded corridor is safe. >> that's up to the faa to determine. it may be one of those things that no amount of restriction other than preventing aircraft from coming into the area could have prevent and that's not manage anybody wants either. >> there have been other accidents along the two narrow rivers on either side of new york. one of the most recent, in 2006, the new york yankees pitcher corey lidle krarned win a instructor into a high-rise building. >> it has become fairly clear that the air space over the most densely populated zi on earth has become something akin to the wild west. >> along this section of the hudson where today's crash

happened, current rules allow aircraft to fly below 1100 feet unmonitored by air traffic controllers. tour helicopters are supposed to maintain a specific fixed route. even before today, it has been an industry under a lot of scrutiny. >> the question has always been raised, is there enough oversight by the faa? and are these folks regulated enough to ensure the highest levels of safety? >> it's estimated some 2 million people fly some kind of air tour each year, paying between $30 and a few hundred dollars. there have been crashes at national monuments like the grand canyon where this helicopter accident killed seven. there have been 50 air tour related deaths there since 1991. it's especially sensitive in hawaii with one of the largest air tour industries. federal authorities imposed tougher rules on pilots to find decisions to be the cause of two recent fatal crashes. at this point, the cause of the

new york accident is unclear but it will force authorities to take a closer look at planes and helicopters in crowded skies. ron allen, nbc news, new york. turning now to the history that was made today in washington, d.c. america has a new supreme court justice tonight. justice sonia sotomayor was sworn in at the court this morning and at ceremony made history in more ways than one. nbc's justice correspondent pete williams joins us from the supreme court tonight. pete, good evening. >> lester, good evening. there's never anything quite like what we saw here today. how it happened where it took place, how it was covered, even when on a saturday. this was a day of firsts. >> good morning and welcome to the court. >> nearly everything about this sayceremony made history. as her mother salina held the bible and her brother juan stood by, chief justice john roberts led her through the oath. >> i sonia sotomayor do kohl let mely swear -- >> reporter: formally making her the first are hispanic supreme court justice. >> so help me god.

>> congratulations and welcome to the court. >> friends and family members applauded and she hugged her mother who raised her as a single parent after her father died when she was 9. where she was sworn in today was symbolic, too, a formal conference room at the supreme court. and for the first time, cameras were allowed in to report record the event. just before in a private ceremony, roberts led her through another oath, federal law requires a special one for judges. today's event was a big change from past swearing in ceremonies for supreme court justices held at the white house. >> i samuel a. alito, jr. >> i clarence thomas do solemnly swear -- >> reporter: though swearing in justi justices at the white house has been going on for nearly 70 year, members of the court have become more vocal complaining it that it sends the wrong signal. they figure that if the picture that goes out is of them being sworn in at the white house it conveys the idea that they're beholden to the president, they

owe him a favor and there's some kind of political trophy. >> reporter: who's idea it was to break with seven years of tradition. >> i've decided to nominate an inspiring women i believe will make a great justice. >> reporter: white house and supreme court officials all say it was president obama's desire to have sonia sotomayor swearing in at the supreme court and on camera. >> the president is somebody who studied the supreme court believes it's simply best for independents to have the new justice sworn in where she'll do her work independent of any interference from the executive or the legislative branch. >> reporter: to emphasize his point about independence, president obama even stayed away from today's ceremony. the president will host her at a white house reception on wednesday. sonia sotomayor is now a supreme court justice, 74 days after she was nominated and that's one thing about today that did not make history. that length of time is about average. lester? >> all right, nbc's pete williams at the supreme court, thanks. meanwhile from coast to coast today there have been

celebrations over this latest barrier that's been broken. nbc's george lewis on those who were thrilled to be living history. >> i, sonia sotomayor -- >> reporter: from the bronx in new york -- >> as associate justice of the supreme court -- >> reporter: to a restaurant in east harlem where some women wore weis latina t-shirts to the campus of cal state do ming gus hill south of los angeles, they watched -- >> congratulations. >> reporter: applauded an cheered. >> it is fabulous t is great for the united states. it's great for the latino community. it's great for the puerto rican community. >> reporter: among those watching today's swearing, vazquez who says this sends a powerful message. >> you have a role model, if you work hard and dedicated, it's doable. >> reporter: she says in many

ways, sotomayor's story is her story. sotomayor came from the housing projects in the bronx. vazquez came from here, each los angeles, both women raised inovty by single mothers. through hard work, sotomayor made it through princeton and yale law school. vazquez went to yale on a scholarship and is now a second year law student at ucla. >> si se pued >> yes, we can. what would she like people to remember about this day? >> that there is hope that you can make your dreams come true. >> waenlt to keep fighting. >> george lewis, nbc news, los angeles. >> now to the white house and fevered pitch of a health care debate. some town halls are becoming town brawls and now a new warning from former governor and vice presidential candidate sarah palin is turning the heat up even more.

nbc's mike viqueira is at th white house. good evening to you. >> those raucus town hall protests are continuing this weekend. now he's hitting back on the misleading information thain spires him. today, more confrontation at town halls across the country. >> the medicare program -- >> reporter: as members of congress try to talk health care with those back home. in many cases only to be shouted down by opponents of the democratic plan to change the system. and now, a familiar are voice is raising the temperature. sarah palin just two weeks removed from office writes on her facebook page, my parents or my baby with down syndrome will have to stand in front of obama's death panel so his bureaucrats can decide whether they are worthy of health care. such a system is downright il. >> today in his weekly address, the president spoke out about false assertions about the plan, calling it misleading information. >> let me start by dispelling

the outlandish rumors that reform will promote youth nash or cut medicaid or bring about a government take overof health care. that's simply not true. >> reporter: representative john dingell was shouted down at a town hall in michigan. >> one of the important and evil consequences of some of the events happening now is that people are being denied the opportunity to communicate with their representatives. >> reporter: dingell and others say the protests are incited by conservative fringe elements and cite internet flyers like this one advising protestors yell back and have someone else follow up with a shoutout. but opponents of the plan say the anger is genuine. >> this is what the united states is about! >> i think what we're seeing is that the energy is on the side of not wanting giant government encroachment into health care. >> reporter: and they're being outshouted but will they be outvoted when congress returns in the fall? >> this just raising their

collective blood pressure significantly, makes them more nervous about capitaling a tough vote. >> reporter: lester, the president plans to continue to talk up both his health care plan and the econo this week w en he makes ahain tnein m'siqe va,irnkueha tther townik u.bc n's myoe viqueira, thank program note, heaco ee, econom agenda for tomorrow's "meet the press" broadcast, michael bloomberg whom we saw in our top story tonight, tomorrow are morning on nbc. still ahead as "nightly news" continues, cash fo clunkers. we know where the cash goes, tonight we'll show you what happens to the clunkers. later, why so many are returning to the road the beetles put on the map. hmmm. more than doubles your risk for a heart attack or stroke. so i hear. better ask your doctor about plavix. plavix can help protect you from a heart attack or stroke. plavix helps keep blood platelets from sticking together and forming clots, the cause of most heart attacks and strokes. my cousin the m.d.

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at where old cars go to die. we heard a lot about the cash for clunkers program where you get some financial help from the government, trade up from your old gas guzzler, but what happens to the old clunker you leave behind? nbc's lee cowan going to the junk yard to find out. >> a car's end is hardly peaceful. in fact, it's a violent process. usually reserved for the ugly ducklings of the auto wod. but clunkers aren't always junk. in fact, in many cases, their only sin is they sucked too much gas. >> this clunker has only got less than 110,000 miles on it. hardly the end of its life, but

is the of its life right now. it's about to be crushed into a pancake, time for pea to get out. moments later -- this is the end result of cash for clunkers, taking big gas guz letters and turning them into compact, literally. there are some really good cars in here and that's why i made sure that i w going to get a good piece of the pie. >> nathan aadlen calls it a bonanza, he can sell them off one piece at a time. >> their sis like a trickle, i'm waiting for the tidal wave. >> it's coming. >> i can hear the rumble. >> reporter: but used car dealers aren't so happy. their market has tanked. >> i see probably on average about three to five trades every day. now we haven't seen any trades at all. >> reporter: the clumpgers can't be resold whole. in fact, the most valuable part, the engine, gets the death penalty. >> so it's sort of the lethal injection. >> yeah. >> reporter: at this toyota

dealership, some 160 clunkers sit wait iing for the execution. they have their oil drained, then replaced with a glass compound that seizes the engine. >> it's done forever. >> reporter: we watched the same happen with this mercedes benz, in remarkably good condition until -- >> you look at stuff like this and like wow, there's people that can actually use this. you know, get that second chance. >> but you got to do it. >> it's the law. >> reporter: these clunkers may get a second chance after all. pieces of them anyway. who knows? the clunker you left behind could one day be recycle and and return as your aluminum siding. lee cowan, nbc news, los angeles. >> up next, some relief at the cash register for back to school shoppers.

because enbrel suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis, lymphoma and nervous system... and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis. also ask your doctor if you live in an area... with a greater risk for certain fungal infections. don't start enbrel if you have an infection, like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, while on enbrel, you experience persistent fever, bruising, bleeding or paleness. help bridge the gap. ask your rheumatologist... if enbrel is right for you, and about our co-pay and financial support programs.

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getting nudge needed help to buy back-to-school supplies. trish reagan has more on the markdowns and tax breaks that could be a win-win for stores and shoppers. >> reporter: in 90 degree morning heat, hundreds of shoppers, some with umbrellas to shield the morning sun wait outside an apple store to save money. >> i'm always about saving a buck, especially in this economy. >> reporter: she'll save 4.2% on her purchase thanks total weekend tax holiday on back-to-school items including commuters. this weekend, ten states from nort are nic are offering early back-to-school tax breaks on everything from clothing to backpacks to electronics. retailers hope the incentives will create a surge in consumer spending. >> our research shows an uptick in sales affected stores sometimes as high as 40%. >> reporter: but with the economy struggling to emerge from its deepest recession from the 1930s, some analysts say it

won't be easy getting americans to loosen their purse strings. july sales numbers, down 5.1% overall. that's weaker than the 4.5% decline since february. department store jcpenney got hit, off 12% and saks saw a 13.3% decline. not even discounters were immune. sales at target, down 6.5%. sluggish sales could mean big bargains for consumers come fall, when retailers make a last-ditch effort to move stale merchandise off store shelves. >> we'll see more retailers do more promotions around the time schools do go back. >> for shoppers these day, any kind of break in price or in tax means a lot. trish reagan, cnbc, new york. one of baseball's biggest name, boston red sox slugger david ortiz spoke public about reports that he teed positive

for doping back in 2002. on enemy turf where the yankees and red sox, ortiz said he was careless about using over-the-counter supplements and vitamins back in those days but insisted he never used steroids. when we come back. abbey road, 40 years later.

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crestor is proven to slow the buildup of plaque in arteries. crestor isn't for everyone, like people with liver disease, or women who are nursing, pregnant, or may become pregnant. simple blood tests will check for liver problems. you should tell your doctor about other medicines you're taking or if you have muscle pain or weakness. that could be a sign of serious side effects. learn more about plaque buildup at arterytour.com. then ask your doctor if it's time for crestor. if you can't afford your medication, a trazecmay ec able to help. we end tonight with an iconic image taken 40 years ago today, the beatles, george,

paul, john and ring go crossing what was then just an ordinary street in london, abbey road. abbey road didn't stay ordinary for long and tonight fans again are hitting the street. tom aspell reports. >> reporter: beatle mania on a leafy london road this morning as four long haired imperson ate es cree reigh created the world's most famous street crossing. 40 years ago, the beatle, the most famous pop band in history, did it on camera to make the iconic cover shot for the last album they ever record, "abbey road." the photographer stood on a step ladder right here. he shot four frames an paul mccartney picked one he liked. back then, it was the center of the swinging '60s, far, peace and love and most of all music and nobody played it like the beatles. in 1969, they recorded the sound track for the film "let it be." they were breaking unafter a

decade at the top of the pop music business but they had one album left to make. with songs like "something". >> ♪ in the way she moves >> reporter: here comes the sun. ♪ here comes the sun >> reporter: and maxwell silver hammer. ♪ ♪ bang bang maxwell silver hammer ♪ ♪ >> reporter: "abbey road" sold more than 20 million copies. today it's a cherished spot for fans to imitate their idols, to walk that walk. >> i'm glad i'm here. >> reporter: and to sing their songs. >> we just found out about this this morning and had to come. >> reporter: they all came to experience some of the magic and the music the beatles left behind. tom aspell, nbc news, london. >> that's "nbc nightly news" for this saturday, i'm lester holt reporting from new york. i'll see you tomorrow morning on

"today" and right back here tomorrow evening. "today" and right back here tomorrow evening. good night. -- captions by vitac -- www.vitac.com