. >> healthcare a pellets' -- appellates what elena kagan to recuse herself. they want thomas to recuse because of a repeal. each justice makes his or her own decision. >> they say the u.s. must close the guantanamo bay prison as obama has promised. they say the prisoners remain arbitrarily detained, a violation of international law. in his address last year he pledged to close the prison in cuba. >> republican senator mark kirk underwent surgery to relieve swelling under the brain, and he could have some permanent physical damage from the stroke. he was elected in 2010 winning the seat once held by barack obama. >> still the come, talk of more local locations for one of the most popular warehouse stores. but where? >> what type of light bulbs you use in your house is up for debate. >> are the occupy protestors draining police officers from the neighborhoods? a live report coming up next. >> this morning's ice is long gone but we still have the fog. it is even thickening up in some spots. >> new at 6:00, heading the congress ought to discuss the occupy movemen

elena kagan and sam alito concurred in one of the separate entrances. that tells you something. >> first words in the bill of rights -- freedom of religion. >> would have made a difference if she had been driving instructor, or gym teacher? >> she was. she taught mainly math and science, but in order to get tenure -- ->> she also had a calling, a sort of a vocation. the court said, we are not the ones who will decide what kind of ordination is required. the church decides on its own ordination. the point is that religion is not a threat to government, government is a threat to religion, and that is what the court -- >> it little bit about the construction of what the federal government was doing. the federal government does not decide who can be hired in an institution. that is not what the position was. this is whether you can discriminate against a person in hiring and firing. they took the position that you could not do this. the court found was there was an overriding interest of religion. it is not a matter of saying the federal government was anti

jon: new questions whether justice elena kagan should be part of the health care decision. opponents have new evidence that she should recuse herself from that very important case. jenna: drought-stricken part of the texas hit it flooding rains and powerful winds. and tornados. will this help the region or cause more problems? we'll have a full report next. ad a surprise party for our dear friend, lizzy. surprise! surprise! surprise! surprise! we totally got her! [ male announcer ] when you combine creamy velveeta with zesty rotel tomatoes and green chiles, you'll get a bowl of queso that makes even this get-together better. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. and also to build my career. so i'm not about to always let my frequent bladder urges, or the worry my pipes might leak get in the way of my busy lifestyle. that's why i take care, with vesicare. once-daily vesicare can help control your bladder muscle and is proven to treat overactive bladde

. >>> there is new information about how deeply supreme court justice elena kagan may have been involved president obama's healthcare law before joining the bench. shannon bream has that story. >> reporter: justice kagan's critics report to 2010 case involving a local healthcare ordinary ordinary in san francisco. kagan was then solicitor general and her office filed an amicus brief in that case, advocating on behalf of the president's newly passed healthcare law. in may of 2010, after kagan had been nominated to the supreme court, principal solicitor general wrote her a memo outlining the cases he is substantially participated. the memo specifically mentioned the san francisco case with this notation. "golden gate. ed discussed with elena several times." critics argue it's proof he is must recuse herself from the healthcare case now pending at the supreme court. >> it's not a witch hunt when you have her own office saying he is substantially participated in that case. i mean this is not one of these gray areas where it's open to interpretation. >> reporter: other court watchers say the

justice elena kagan.he way this policy seems to work is like nobody can use four dirty words or indecency, except for steven spielberg. chief justice john roberts is the only justice with small children. all we're asking for, he said, is what the government is asking for, is a few channels where you can say, i'm not going to -- they're not going to hear the "s," word, "the f," word. there could be a tie decision. any decision that's not expected to come until early summer. diane, that means stay tuned. >> okay. thank you, cecilia. >>> now, it was rev your engines day. the 2012 north america auto show in high gear in detroit. amid big news for more mojo for cars made in america. japan's automaker, honda, moving its brand right here to ohio. here's abc's chris bury with the hot, new cars in detroit. >> reporter: at this year's big show, the mo in motown stands for "momenentum." 40 new models, introduced with the glitz and glamour so missing during detroit's doldrums. >> what's the message? >> i think the me

justice elena kagan.he way that this policy seems to work, it's like nobody can use dirty words or nudity, except for steven spielberg. but should broadcasters be kept as the last island of civility in a television culture? chief justice john roberts is the only justice with small children. all we're asking for, he said, what the government is asking for, is a few channels where you can say, i'm not going to -- they're not going to hear the "s," word, the "f," word. justice sotomayor recused herself from this case because she dealt with it in a lower court, which means there could be a tie decision. any decision is not expected to come until early summer. diane, that means stay tuned. >> okay. thank you, cecilia. >>> and now, it was rev your engines day. the 2012 north american auto show in high gear in detroit. amid big news, today, of even more mojo for cars made in america. japan's powerhouse automaker, honda, moving its high-end luxury brand right here to ohio. and that means american jobs. here's abc

today, the court said it would not hear argument arguments froa group that wants elena kagan disqualifieding the constitutionality of president obama healthcare law. >>> still ahead. inside the white house. re-election play book. first, the u.s. gets major support for turning the screws on iran. >> bret: in world headlines a russian newspaper said moscow agreed to sell 40 fighter jet training aircraft to syria. the planes can be used for air to ground attacks and for training pilots on more advanced fighters ordered from russia five years ago. tensions between iran and the west ratcheted up today. jennifer griffin has details from the pentagon. >> it was a major move designed to push iran back to the negotiating table. the european union banned the import one day after the british and french warships followed aircraft carrier through the strait of hormuz. abraham lincoln was the first aircraft carrier to fight through the vital waterway since they planned to prevent any carriers after obama signed sanction against iran in december. they moved through waterway without incident as an irania

today, the court said it would not hear argument arguments froa group that wants elena kagan disqualifiedding the constitutionality of president obama healthcare law. >>> still ahead. inside the white house. re-election play book. first, the u.s. gets major support for turning the screws on iran. [ coughing ] [ male announcer ] got a cold? [ sniffling ] [ male announcer ] not sure what to take? now robitussin® makes finding the right relief simpler than ever. click on the robitussin® relief finder. click on your symptoms. get your right relief. ♪ makes the cold aisle easy. ♪ robitussin®. relief made simple. when i got my medicare card, i realized i needed an aarp... medicare supplement insurance card, too. medicare is one of the great things about turning 65, but it doesn't cover everything. in fact, it only pays up to 80% of your part b expenses. if you're already on or eligible for medicare, call now to find out how an aarp... medicare supplement insurance plan, insured by unitedhealthcare insurance company, helps cover some of the medical expenses... not paid by medicare part b. that c

on april 26, 2010, then solicitor general now supreme court justice elena kagan acknowledged the president'sess appointment power but added, "the senate may act to foreclosure this option by declining to recess for more than two or three days at a time." exactly what senate republicans say they were doing. >> senate majority leader began using the pro forma senate session in an effort to block recess appointment by president bush is suggesting they will work for them this time around and president obama will win the legal fight over his recess appointment. in washington, shannon bream, fox news. >> bret: crews in alaska are preparing to offload fuel from a russian tanker near the harbor. it's half a mile from shore after they cleared a path through hundreds of mile of ice. a storm prevented them getting the fuel delivery in november. we will share perhaps the least surprising news you have heard this year. next in grapevine. including how much congress did not accomplish in 2011. as you look live inside, to the debate hall, we can tell you the count down is on. that is what we'll see momenta

on the right you say elena kagan, she is solicitor general. used to be.arding this. she has been involved in this. both sides really have something to say about it. ultimately, megyn the supreme court will decide on their own, those individual members whether they should recuse themselves. there is a law governing that. whether it applies to them and whether they actually decide to go by it, that is another question. megyn: he doesn't think so because there's a growing din, kimberly, from some, who are pushing to have the supreme court answer to congress basically. to say, you don't get to just decide on your own whether you're going to step down. there should be criteria you have to follow. >> sure. megyn: and the chief justice mcdreammy, i mean roberts seems to be saying, he seems to be saying, guess what, congress, no, we'll decide, we'll decide ourselves. >> isn't it interesting, yeah because it calls into question the separation of powers the fact there is no review for the supreme court. they are the final say and the final arbiter. in this case it

elena kagan. you have a nice contingency from the supreme court.s justice alito, i recall, who shook his head at the president when he challenges the citizens united campaign on finance. that was controversial, as they were sitting there watching him speak. >> the first individual introduced was the dean of the diplomatic corps, ambassador in washington served here the longest, from jubati, from the horn of africa. there, you see the first lady of the united states. let's listen in to the reception. [ applause ] >> this is the third state of the union, gloria, the president has delivered since taking office. for the first lady, it's her third appearance in that gallery with her special guests as well. let's listen in. you just heard the cabinet being introduced led by the secretary of state, hillary clinton and secretary of treasury, timothy geithner and leon panetta. they're all woalking in, member of the cabinet and be applauding almost every word the president says. >> a lot of them have had input intohat the president will be saying tot.

we can't afford another elena kagan or sotomayor on the supreme court. we can't.er grab last week with the recess appointments, we can't go there. that's what i'm focused on. >> amy creer. >> up next, the truth behind mitt romney's claim he helped create 100,000 jobs. later, a high bridge, an alligator infested river and a very lucky bungee jumper. [ male announcer ] how can power consumption in china, impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. >>> back a few campaigns, president george h.w. bush walked into an event with a short note scribbled on to an index card. message i care. well, history does repeat itself. >> i care very deeply about the country

justice elena kagan. policy seems to work it's like nobody can use dirty words or nudity except steven spielberg." but should broadcasters be kept as that last island of civility in a television culture? chief justice john roberts is the only justice with small children. "all we are asking for," he said, "what the government is asking for is a few channels where you can say i'm not going to, they are not going to hear the s word, the f word." justice sotomayor recused herself from this case because she dealt with it in a lower court, which means there could be a tie decision. any decision isn't expected to come until early summer. cecilia vega, abc news, washington. >> i don't know what i think about this rule. seems like it's kind of full of [ bleep ]. you know. [ bleep ]. [ bleep ]. what word am i looking for? seems like it's all [ bleep ]. blanked up. i don't understand the whole thing, paula. >> keep it clean. >> i'm trying to keep it clean. >> i have no problem with them trying to clean it up. i just

there are new calls today for supreme court justice elena kagan to recuse herself from hearing argument over the healthcare law. critics argue that as solicitor general back in 2010kagan took a position on healthcare and advocated in favor of it, something she has denied. they are pointing to a specific case when her office trumpeted the new healthcare but. shannon bream following this. >> reporter: it involved a debate over a local measure a lot like the president's healthcare law. the solicitor's office filed a brief in 2010 talking about the legal and underpinnings of the national healthcare law. in may of 2010 after she had been nominated to the supreme court, we are talking about saying r the acting solicitor general wrote a memo to her cataloging cases in which she had quote been substantially participating. the golden gate case after of san francisco was listed. they say she should recuse herself but skeptics say not so fast. >> it's not a witch hunt when you have her own office saying she substantially participated in that case. i mean this is not one of these gray areas where i

a letter written by then-solicitor general, now-supreme court justice elena kagan back in 2010.that the senate can cut off the president's ability to make recess appointments, quote, by declining to recess for more than two or three days at a time which is what senate republicans say they were doing. alisyn: shannon bream, thanks so much for explaining that. >>> back to our fox news alert now, because we have some brand new poll numbers from rasmussen reports on the issue more critical to voters, or most. the new poll asks who would do a better job of managing the economy, and rasmussen reports shows that mitt romney is leading president obama by a margin of 48% to 39%. and the poll also uncovered a couple of other very interesting items. brad blakeman is a former deputy assistant to president george w. bush and dick harpootlian is chairman of the south carolina democratic party. gentlemen, thanks for being with us. >> thank you. >> hi, allison so. alisyn: 48% of the respondents think that romney would do a better job with the economy than president obama. isn't that the very he

. >>> it looks like supreme court justice elena kagan will take part in a major health care ruling afterll. the other, eight justices have turned aside a motion from a group that wanted kagan to recuse flers the late-march oral arguments but the ruling will decide the konsality of president obama's health care law. kagan was solicitor general in the obama administration when the law was enacted. >>> and comedian tracy morgan is being treated at a hospital in utah after falling ill during the sundance film festival. his rep says a combination of altitude and diabetes. the hospital said no drugs were found in his system and he suffers from diabetes and he had a kidney transplant in 2010. >> the altitude is high and he has serious issues. we hope he has a very speedy recovery. thanks. >>> jack cafferty is asking, what ask the secret to newt gingrich's success? >>> and u.s. allies stepping up the pressure on iran. why their bold new action could hit iran where it hurts. that's coming up right at the top of the hour. ♪[music plays] ♪[music plays] purina one beyond. food for your cat or dog. a

justices clarence thomas and elena kagan have been urged to withdraw from the health care case due tocts of interest. roberts says supreme court does not sit in judgment of its own members' decisions. >> heather: this year a new plan to keep your health care costs low. a new fee on your insurance plan aimed at weeding out overpriced prescriptions, but, could it be used against the president? here now, david nelson, chief strategist with bellpoint asset management, and he joins us to talk you a little more about this fee which ranges from a dollar to $2, when it begins, which will be in 2012. >> it seems to be $1 to $2 and the issue is whether or not it is' tax or not and fit is, it is a modest one and will not have an economic impact on the economy and the real issue, here, is government yet again. we are making another government agency and actually, congress labeled it as a nonprofit organization, and, yet is funded by taxes. >> heather: and the agency is this patient centered outcomes research institute ni. >> i long name, yes. and it seems odd, if it is funded by taxes in my book