the task of a judge is not to make law, it is to apply the law. >> answering critics, sonia sotomayor vowed loyalty to the impartiality of the justice system. snaring suspects. four arrests have been made in the murder of a florida couple who adopted children with disabilities. and home run derby. the prince is king. milwaukee slugger prince fielder wins the all-star slug fest. captioning funded by cbs good morning. thanks for joining us. i'm michelle guillen. judge sonia sotomayor says her judicial philosophy is simple, fidelity to the law. this morning she'll face some tough questions about that during the second day of her

confirmation hearings. a cbs news poll finds 23% of americans have a favorable opinion of sotomayor. 15% have an unfavorable opinion of her. most americans think she'll treat all groups the same. 21% feel she'll favor certain groups. susan roberts is in washington with more. susan, good morning. >> reporter: michelle, good morning to you. her past will certainly come into play during today's hearings. senate republicans will take a look at her own words dating back to speeches made 15 years ago to raise doubts about her ability to judge fairly. judge sonia sotomayor is certain to face tough questions from republicans on day two of her confirmation hearings. >> i want to be clear. i will not vote for, and no senator should vote for, an individual nominated by any president who is not fully committed to fairness and partiality. >> reporter: barring a meltdown, the 55-year-old federal judge will be confirmed as the nation's first hispanic supreme

court justice. but before any votes are cast, gop senators are determined to make sotomayor defend her record and her past speeches, especially the now famous remark that "a wise latina woman would reach a better conclusion than a white male." she tackled that during her five-minute opening statement. >> my personal and professional experiences help me to listen and understand with the law always commanding the result in every case. >> reporter: democrats are clearly focus on sotomayor's 17-year judicial record. they call her a pioneer who has been a judge for all americans. >> i would trust that all members of this committee here today will reject the efforts of partisans and outside pressure groups that sought to create a caricature of judge sotomayor while belittling her records and achievements, her intelligence. >> reporter: the new yorker outlined those achievements, and she also paid tribute to her mother. >> i am here, as many of you have noticed, because of her

aspirations and sacrifices. >> reporter: sotomayor described the progression of her life as uniquely american. the judge has been meeting regularly with groups of young lawyers who have been grilling her in preparation for these hearings. she reportedly has spent countless hours reading her past speeches and cases, taking notes, all in preparation for this public stage. michelle? >> it will be a big day. susan roberts in washington. susan, thanks. turning now to the economy and growing talk among the obama administration that a second round of stimulus spending may be necessary. congress has already approved a $787 billion plan. a cbs news poll finds just 21% of those asked say the stimulus plan has made the economy better, but twice as many believe it will eventually help. as far as president obama's handling of the economy, our cbs news poll finds 48% say they approve. 44% do not. on the "cbs money watch" stock markets in asia rebounded

this morning. claire leka is here with more. big gains in u.s. stocks and asian markets rocketing overnight. japan's benchmark nikkei snapped a nine-day losing streak, soaring 2.33%. hong kong's hang seng index jumped nearly 3.75%. on wall street, investors cheered and analysts improved the outlook for goldman sachs ahead of its highly anticipated earnings report due out today. the dow starts the day with a huge rally of 185 points. the tech heavy nasdaq begins up 37. goldman sachs executives sold almost $300 million worth of stocks since the collapse of rival lehman brothers last year. most of the stock sales took place while the biggest u.s. investment bank was bailed out by the government with $10 billion of taxpayer money. this morning goldman is expected to report huge profits of more than $2 billion last quarter. that's pretty staggering given that just six months ago it was

seeing its first quarterly loss since going public back in 1999. goldman will face a firestorm of criticism that it took too many high risk bets in volatile world markets. southwest airlines is inspecting nearly 200 of its aircraft overnight after a hole in the fuselage of a plane forced an emergency landing in charleston, west virginia. an armt spokesman said passengers on the 737 aircraft could see the outside through the one foot by one foot hole in the rear of the plane. the cabin lost pressure, but no one was injured. the plane, which originated in nashville and was headed to baltimore, landed safely in charleston last night. michelle? >> claire, let's talk about there's a key economic report due out today, right? >> that's right, michelle. investors will be closely watching a government report on retail sales for signs consumers are opening their wallets again. consumer spending is 70% of the

economy, so it's essentially to any sustained economic recovery. retail sales are expected to rise for a second straight month in june but not by much given the rainy weather across much of the country. michelle? >> claire leka here in new york. claire, thanks. the u.s. military announced this morning that two marines have been killed in afghanistan. they died yesterday in what's described as a hostile incident as some 4,000 marines pushed through southern afghanistan in a major operation targeting the taliban stronghold. meantime, in helmand province, a civilian helicopter crashed this morning. some casualties are reported. as the august election approaches in afghanistan, the taliban has launched a new offensive. the taliban captured a small town in eastern afghanistan, but u.s. forces met it head on in a dramatic fire fight to take it back. mandi clark is on the front lines and has this exclusive look. >> reporter: this is the battle for bargh-e-matal. it started at dusk.

insurgents high on ridges, pouring fire down on this exposed u.s. position. hundreds of taliban overran bargh-e-matal a week ago, the largest town in the eastern province of norstan. hundreds of troops from the mountain division backed by the u.s. army are now fighting to win it back, as you can see in this exclusive video shot by cbs news. this battle lasted an hour. one u.s. soldier was killed along with ten insurgents. u.s. medics treated an insurgent who said he worked for a notorious taliban leader accused of a series of attacks on coalition forces. a small arsenal of taliban weapons were found at the local hotel. 1,700 ak-47 rounds, more than 30 rocket propelled grenades, and explosives. the taliban takeover of bargh-e-matal was a message to

visitors as well as to the people of norstan that the taliban will not tolerate voting in next month's elections. 88 voting registration cards were found on one dead insurgent. they were taken from the villagers by force. >> the taliban has made a concerted effort next month simply targeting the voting, the voting sites. they are marginalizing the government, trying to ensure they can't participate in the election. >> reporter: the taliban may be gone for now, but if they manage to scare people here from voting in the election, it will be a blow to afghanistan's efforts to build democracy here. mandy clark, cbs news, bargh-e-matal. just ahead on the morning news, a new arrest in the murder of a florida couple. plus on the rocks. a man goes over a waterfall and finds himself stuck. first katie couric with a preview of tonight's "cbs evening news." >> violence escalates in afghanistan as more u.s. troops are sent there to fight. how do american soldiers prepare for battle? we'll have an exclusive look at

their elite special forces training. that story and more tonight only on the "cbs evening news." dinng fancy feast elegant medleys tuscany entrées restaurant inspired dishes with long grain rice and garden greens is it love? or is it fancy feast? discover a smoothie like no other! new activia smoothies. creamy, delicious, and above all, it contains bifidus regularis and is clinically proven to help regulate your digestive system. new activia smoothies. ♪ activiaaa!

a very close call for a georgia man. rescuers say he was walking at the top of a waterfall yesterday and somehow flipped and tumbled nearly 30 feet to a rain swollen creek below. the 42-year-old man landed on his tail bone and lay on the rock unable to move. two passing kayakers called for help. investigators have made a new arrest in the murders of byrd and melanie billings, the florida couple who opened their home to more than a does children. gary lamont sumner is the fourth man arrested in the shooting death of the pensacola couple and the first person charged with their murder. mark strassmann has the latest. >> reporter: byrd and melanie billing lived to love. their real treasures were their special needs kids all adopted by the couple over the years. >> to our mom and dad, their

children were perfect. >> reporter: which is why police called their cold blooded murders chilling and shocking. last thursday security cameras showed two cars pulled up to their nine bedroom house, a dodge van in the front, an escalade in the back. five masked gunmen dressed ninja style went inside. less than five minutes later, the couple was shot dead. >> it leads me to believe that this was a very well planned and methodical operation. >> reporter: nine children, also inside the home, were unharmed. police believe robbery was one of several motives. >> it will be a very long time, i believe, before we piece together the truth as to why this family was selected. >> reporter: 35-year-old leonard gonzalez jr. and 41-year-old wayne coldiron face murder charges. police say that's gonzalez in the middle buying clothing at a local walmart with two other possible suspects. >> been charged with tampering with evidence. >> rorr:te leonard gonzalez sr. was the first to be arraigned. police say he confesseded to driving a getaway car and trying to repaint it later.

they also expect to make as many as five more arrests. >> to know there are people capable of this type of violence and people with this magnitude of hate in their lives is sickening. >> reporter: police say one of the three suspects already in kwud was the mastermind but won't say which one. they're also reviewing store security video from the local retailers, hoping to spot more suspects buying the black clothing they wore in this brutal, senseless attack. mark strassmann, cbs news, escambia county, florida. president obama has nominated regina benjamin, a 52-year-old doctor who's tiny clinic was devastateded by hurricane katrina, to be the nation's next surgeon general. in nominating dr. benjamin to be the nation's top doctor yesterday, the president said she pledged to be an advocate for patients. >> it should not be this hard for doctors and other healthcare providers to care for their patients. it shouldn't be this expensive for americans to get healthcare in this country. >> benjamin promised to see that

no one falls through the cracks in the push for healthcare reform. straight ahead, your tuesday morning weather. in sports, all-star prince fielder is the home run king of baseball. maybe one of the most important... is new centrum silver ultra women's. a complete multivitamin for women over 50. it has vitamin d which emerging science suggests... supports breast health... and more calcium for bone health. new centrum silver ultra women's. now i'm the mom. and i know... 80% of us don't get enough calcium from food. our bodies can steal it from our bones. give yourself some tlc. tender loving caltrate. and give tlc to somebody you love. his box is what i need to control my diabetes, to stay healthy - and get on with my life. it comes from liberty medical. and now, it's not only where i get my diabetes testing supplies - but it's where i get my prescription drugs as well.

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denver, 84. los angeles, sunny and 85. time now for a check on the national forecast. the latest satellite picture shows that thornls are rumbling over the northern plains with those thick clouds extending from northern kansas to the dakotas. later today, powerful storms will rock the upper midwest and great plains, producing damaging winds, flooding downpours in some places, and large hail. it will even turn pretty hot over the next few days throughout the northwest, including the pacific shoreline. in sports, he's the heavyweight champion of baseball in more ways than one. milwaukee brewers slugger prince fielder won last night's annual all-star home run derby for the national league, beating the texas rangers' nelson cruz 6-5 in the final round in st. louis. fielder also hit the longest long ball of the night, a 503-foot monster, he said was the fartherest he ever hit a baseball. tonight the rest of baseball's elite get a chance to show off

their stuff in the 2009 all-star game. pitcher roy halladay will start for the american league. and san francisco pitcher tim linsicum starts for the nationals. and washington fired manager manny acta after 2 1/2 seasons. acta led the nats to a 21-50 record so far this season, by far the worst in baseball. and the tour de france resumes today after a rest day. going into the race, seven-time winner lance armstrong is in third place behind italy's renaldo. when we return, questions about a secret cia program. and later, "endeavour's" launch is scrubbed. nasa weighs its options. d all o. i felt this deep lingering pain that was a complete mystery to me. my doctor diagnosed it as fibromyalgia muscle pain and then he recommended lyrica.

fibromyalgia is thought to be the result of over-active nerves that cause chronic, widespread pain. lyrica is fda-approved to help relieve the unique pain of fibromyalgia. and with less pain, i can do more during my day. how sweet is that? lyrica is not for everyone. tell you doctor about any serious allergic reaction that causes swelling or affects breathing or skin, or changes eyesight including blurry vision or muscle pain with fever or tired feeling. lyrica may cause suicidal thoughts or actions in a very small number of people. some of the most common side effects of lyrica are dizziness, sleepiness, weight gain and swelling of hands and feet. do not drink alcohol while taking lyrica. you should never drive or operate machinery until you know how lyrica affects you. if you think you might have fibromyalgia, ask your doctor about lyrica.

b@ don't say that. that's not true. left-handed people are a little bit more creative. [laughter] i'm gonna say nothing. [telephone ringing] mom: you left-handed people are smart. they are, mom! do we have to eat that? dad, do you want me to get the phone? mom: no. announcer: every year, one million families face losing their homes to foreclosure. if you're ignoring your mortgage issues, things will only get worse. call 1-888-995-hope. because nothing is worse than doing nothing. on the cbs morning news, here's a look atted too's weather.

strong thunderstorms will be rumbling across the upper midwest and great plains. it stays extremely hot across the southern plains and the midwest. and the west coast will be bright and sunny. here's another look at the day's top stories. judge sonia sotomayor is on the hot seat today. on the second day of her confirmation hearings, the supreme court nominee is likely to face tough questions from republican senators concerned about her sbargsity. and two more american marines were killed in afghanistan. they died yesterday, part of that major offensive in southern afghanistan to try to get rid of the taliban. there are growing congressional demands for an investigation into a secret cia operation to capture or kill al qaeda leaders. the plan was kept from congress, apparently on orders from then vice president dick cheney. nancy cordes reports. >> reporter: the cia never briefed congress on a sensitive counterterrorism plan because

former vice president dick cheney told the cia not to. that's what democrats say cia director leon panetta told them when he met with intelligence committee members last month right after he laerpd aboearnede program and killed it. >> you can't have a president or vice president or senator that don't follow the law. >> reporter: cheney's act is leading to calls for investigation. >> you can't have this happen for almost a decade without one member of congress ever having been informed. >> reporter: government sources say the on again, off again secret cia plan was conceived after 9/11 but never got off the ground. it reportedly involved taking out major al qaeda figures at close range. >> i'm sure that there's a lot of programs that we've never been briefed on that an administration may have thought about doing but never implemented. >> reporter: he's one of many republicans who say democrats are manufacturing their outrage to provide cover for house

speaker nancy pelosi, who came under fire when she said this about waterboarding. >> the cia was misleading the congress. they mislead us all the time. >> reporter: if vice president cheney did say to the cia don't tell congress, is that against the law? >> it's probably skirting the law. the question is what do you do with that? i don't think there's going to be any role in congress to prosecute him. >> reporter: even more serious is a critical probe being considered by the attorney general, who says he'll decide soon whether to investigate the bush administration's harsh interrogation tactics. nancy cordes, cbs news, capitol hill. and they'll try again tomorrow to launch space shuttle "endeavour." lightning in the launch area forced nasa to scrub last night's scheduled launch minutes before liftoff. it was the fifth delay for "endeavour's" construction mission to the international space station. this morning on "the early show," former attorney general alberto gonzales on sonia sotomayor's confirmation hearings.

i'm michelle guillen. this is the "cbs morning news." follow your lead.

they watch everything you do... ...and every move you make. this includes your choices about what you eat... ...and your choices about health and exercise. so take the lead. if you make healthy choices... ...your children will, too.

it's up to all of us to lead our youth to a healthy future. for a parent and caregiver checklist for raising a healthy child, visit surgeongeneral.gov good morning, i'm an andrea roane reason. topping our news, an inmate wins a stay of execution. the court will decide whether the skies one of double jeopardy -- being tried twice

of the same crime. after having his first conviction overturned in the murder of 16-year-old stacy reed of manassas, paul was tried again after writing a letter detailing the crime. today the questioning gets underway in earnest for judge sonia sotomayor, president obama's nominee for the supreme court. she made her opening statement yesterday saying her role is to apply the law, not make law. members of the senate judiciary committee made opening statements questioning or praising sotomayor, based mostly on party lines. the space shuttle endeavour remains on the ground this morning. thunderstorms moved across cape canaveral, florida, minutes before the scheduled launch. news will take a break today and try to launch again tomorrow night. the shuttle is carrying another new lab up to the international space station. well, we welcome back howard bernstein. he had a great vacation. i know you've got pictures out there on facebook. yeah, maybe we can sneak one on if we get the chance. we'll see what we can do. weatherwise, one thing i noticed after a couple of

years, the yard is turning yellow. .1inches for the month. we need rain. mf you like, w mihudi and hu tamporteure ateres and it -- itatitnot like july. really nice. >> i like this. >> a few thunderstorms south std ea stlani t,ghyesterday evening. those are pullg awaythis evenin l he quiet. rwise, generally clear skd ies ots a comfortable morning. in the 60s here, winchester, 57. and 72 at the naval air station at patuxent river. looking at a good day today. humidity stays low. code yellow air quality and highs in the mid-80s. hi, angie. good morning, everyone. hello, hope you guys all had a great monday. we're ready for tuesday. so far, smooth commutes. that's what we're tracking on 95 and the bw parkway beginning with our, all green down to 495. as we head outside, 270 headed southbound. we're tracking the taillights past father hurley. finally 66 headed eastbound, clear past the car rest area.

back to you. there's a new way to lose fat using liposuction. it's more accurate and less painful than traditional lipo. the new treatment uses water jets to break up the fat. >> reporter: after three kids, nicole macerlane started losing her battle against belly fat. >> officer each child, it it got worse and worse. once i hit 40, somehow that of the magic number that just changed by body. >> reporter: to get her body back in shape she chose a new type of liposuction that utilizes the power of water. >> by using water it's a gentler procedure. >> reporter: with traditional liposuction doctors rely on force, pushing back and forth to dislodge fat before sucking it out. with this new machine, dr. gerald pittman says the water jet does the work. >> what water-assisted liposuck is using water to flush out the fat in a more complete way than the former method. >> reporter: doctors say there is less bruising and swelling with this new approach, and

that usually mean a shorter recovery time. other methods like laser lipoprom toys break up fat in a unique way. dr.pittman prefers the water jet because the spray also delivers anesthesia directly, allowing the patient to stay awake during the procedure. >> i use it because it's efficient. results appear more quickly. >> reporter: she noticed right away. this is results four weeks after the surgery. >> i feel fabulous, and i would do it again in a heartbeat. >> reporter: the new machine is gaining popularity. but experts say the real key to successful liposuction is making sure you're in the hands of an experienced surgeon. manuel manuel gallegus, cbs news news, washington. a man scheduled to die today for the rape and