no doubt the highlight, the climb mix of today's day was the questioning by lindsey graham. asked very pointed questions. we will analyze what we heard from graham and sotomayor. and the other points made today in this first round of questioning when our coverage continues. where all your cat's favorite flavors, including real carnation milk, come alive. friskies feline favorites. feed the senses. capturing the beauty of nature. that's my vision. everyday transitions lenses are there to help care for my sight. announcer: transitions lenses adjust to changing light to reduce glare and help protect your eyes from uv damage, so you can see better today and tomorrow. live your vision. transitions. healthy sight in every light. vsp vision care shares transitions' commitment to healthy sight and guarantees member satisfaction with transitions lenses. to learn more, see a vsp doctor today. last month, this woman wasn't even able to get around inside of her own home. they chose mobility. and they chose the scooter store! if you or a loved one live with limited mobility call the scoot

republicans like lindsey graham. he has suggested that if he gets answers he's looking for that perhaps he and other republicans may vote for her. >> orrin hatch is another and chuck grassley. they might in the end vote for her confirmation. let's bring in some of our analysts and reporters to assess what else to expect. gloria borger, john king, former clinton white house official bill bennett, candy crowley is here as is jeff toobin. gloria, when we look at today specifically, the republicans who are going to be asking questions starting with kyl. later lindsey graham, cornyn, coburn, so far, they haven't scored a lot of points in undermining her credibility. >> they haven't. she's done very well in not answering directly. but what they're trying to do is now is draw the lines in the sand about what's acceptable and not acceptable for them as republicans. this is a president who's probably going to have other supreme court nominations. as dana just said issues like gun control, land rights, abortion. also on this b

that's lindsey graham. i think you have seen a high level of cordiality from republicans who, of course, would like nothing more than to see this nomination crash and burn but are mindful of the fact that cordiality is very important for all the republicans th reasons that you mentioned on the political side of things. >> mike, i think you got it exactly right. the possibility of patronizing with the idea that lindsey graham is suggesting to this very accomplished judge that she needs to reflect on something as a result of this hearing. the blogs are already going crazy over this. >> it could be interpreted as taking a time-out like a child. cool out and clear your head and get your temperament together. again, we don't want to interpret what anybody has to say. i'm sure senator graham will explain his line of questioning. he did say she barring a meltdown would be confirmed and he was very cordial to her but certainly it takes one sentence to perk up ears and you have the ears now perked up. >> tamron, tha

senator lindsey graham.e where he goes with this. >> the case is you have been involved with tv are left of center but not anything that jumps out at me, but the speech is really do. i mean, the speech you gave to the aclu about foreign law -- we will talk about that probably in the next round -- was pretty disturbing, and we keep talking about the speeches because -- and i listened to you today. i think i am listening to judge robert. i mean, i am listening to the construction this year, so we have to reconcile in our own minds to put the puzzle up -- i think i am listening to judge roberts. i mean, i am listening to a constructionist here. you have a judge has been on a circuit court. some things trouble me, generally left of center, but with in the mainstream, and then you have these speeches that just blows me away. do not become a speech writer if this law and does not work out, because the speech is really throw a wrinkle in everything, and that is what we are trying to figure out. who are we getting h

i think that you saw lindsey graham in his own way -- i think if you polled the judiciary committee, n in terms of the best lawyer litigator. he's someone -- >> i hate to interrupt you but it's one thing to challenge her on the record, on that speech. what did you mean by wise latina. it is another, isn't it, to ask her about temperament. what do you mean by that? these are anonymous sources. people are reading this as if -- and they have a right to do so since these senators are reading into her comments, one might read into this that he's talking about her being a hot-blooded person or a woman who can't control her emotions. >> first of all, i'm not going to speak for senator graham since i don't know, but second of all, yes, you're right, tamron. i think it's always dangerous ground to get into when you veer from professional criticism to what could certainly be perceived as personal criticism. i think you're always on dangerous ground when that happens on politics. it's why politicians say we try to keep it aboveboard, we talk about the issues. i think that door is opened when you

greta: center lindsey graham joins us in washington. that last one, meeting with the chinese -- senator lindsey graham joins us. they should buy more of our debt, unless we raise the interest rates through the sky -- >> that was a very good point. we sell treasury notes, and they are bought by the chinese and other countries, and they will eventually stop buying our treasury notes. greta: and then we are cooked. >> we are all going to be california. you want to know where america is going to go, you look at california. some people believe that democracies failed because a week, the people, never say no to ourselves -- some people believe that democracies failed because -- fail because we, the people, never say no to ourselves. i never thought i would see our government like this. greta: i am thinking to myself, when he sees these numbers, is he free to? if he has got a solution, i would like to hear it -- is he freaked? >> a health care system with a government that as $1 trillion more in debt. greta: forget health care. we still have $

you know, i mean -- >> i just love lindsey graham going after her today about anger management.f john mccain, and he wanted mccain to be president of the united states and he was wondering whether she might have a temperament problem. did he ever check in with his number one hero on that point? >> temperament and background. they all act like, you know, her background as a puerto rican woman, i don't know how you walk around being that, is somehow different than, you know, like jeff sessions' background as a southern, you know, come on -- i mean he was sort of cast as a racist at one point, like that doesn't come into play in his decision-making. >> no, he's made some unfavorable comments about the naacp over the years. let me ask you about this, how do you handle home state favorites like mark sanford or david vitter? i think you didn't make it to some of the other states where there's problem republicans, but they're all over the place. vegas has got a problem with ensign out there. there's so many of them. you have rick perry who wants to secede from the union down in dallas.

one is the lindsey graham, orrin hatch view, which is elections have consequences and the president, by and large, gets the benefit of the doubt. the other view is actually shared by two unlikely fellows. senator obama and senator sessions. both of whom say ideology matters. that i am going to vote against someone who ideology i don't share. and i think that's really what the republicans who are the votes in play here are going to have to decide. is it the differential to the president's standard embraced by mccain, john mccain and lindsey graham or is it the lindsey graham, jeff sessions standard which is, we just don't approve of your ideology, you won't get our vote. >> it's an important, important issue as you take a look at what's going on. jeff, are there going to be any more surprises or basically what we've seen so far is what we're going to get. >> i think this is it. when senator specter was asking questions, he raised an issue that i don't think a lot of people know about outside of supreme court nerds which is that the united states supreme court has gone through an extra

senator, you just heard lindsey graham.e aba, ranking. why did you vote against? >> well, nobody -- nobody is going to disagree with the fact that she's qualified and got a good academic background. in fact, you know, it was a tough vote for me, because this is the first time in 29 years that i voted against a republican or democrat nominee to the supreme court. but i did it this time, and so then to answer your question, because all of these good qualifications are very basic. but we want somebody on the supreme court that's going to interrupt law and not make law. and let me explain that it's my job to make law, because you can vote me out of office if you don't like the law that i make. but judges should be restricted to interpreting the law to the reason that they have a lifetime appointment. in other words, that means that she has to keep her personal biases out of it. and you have to realize, over the course of 15 years as a judge, she's made a lot of statements that have raised a lot of concerns about whether she can

we started to see it more with jon kyl and lindsey graham, i think, was quite effective. >> let's bring in carl cameron. win of the lines of questioning for senator graham was about that back and forth in the room. what are #ur thoughts? >> it was machine gun questions that senator graham was grabbing everyone's attention. he took an entirely different tact. at one point he said maybe this is an opportunity to take personal reflection, as if to say i'm just saying here, judge, there is criticism out there, judge and you might want to do with it. there is a run of questions among conservatives about whether or not the republicans on this panel would hold the nominee's feet to the fire aggressively and if they couldn't block the nomination that they could at least ensure that the history of the confirmation process wouldn't give a seal of approval that suggested experiences, emotions, beliefs, prejudices, et cetera could in any way factor into judging. they got a lot of repudiations of that in the nominee today, so while the conservative right may not see republicans block the nomination,

center lindsey graham said it would take a complete meltdown to stop perk -- senator lindsey graham said that. -- a complete meltdown to stop her. as a senator joins us. in your introductory remarks, you said the following -- a senator joins us. you said she may allow or embrace decision making based on your biases and prejudices. if you believe that on the supreme court, she would act with bias and prejudice, could you vote for her? >> no, and that is part of the reason to suggest that she will have to address that -- she has already given your testimony, but in answers to questions. stuart: do you think she has a history of acting on bias and prejudice? >> it is not clear. even in the firefighters' case, the supreme court reversed the decision, suggesting that perhaps she believes in racial preferences and applied a standard there that all nine supreme court justices rejected, as a matter of fact, and that is more about her speeches and how she would approach judging better decisions that she has made while on the bench. stuart: obviously, politics has a lot to do with this. a large hi

we're talking about lindsey graham. >> absolutely. i think if you had to look in your crystal ball from what we've heard today, you probably are going to get a couple republican votes out of this, probably lindsey graham, orrin hatch. i think graham summed it up saying unless there's a meltdown, you will get confirmed. so you will hear this nice but tough look at what kind of judgment she's made and what they say about her judicial philosophy. she will have to repeat that phrase about 1,000 times between now and the end of these hearings but i think we know what the end is. we'll see what we're going to do in the middle. >> jessica yellin is inside the senate hart office building, where this judiciary committee hearing has been going on. we have a picture of the back heads of patrick leahy on the right, chuck schumer right there in the sort of -- well, a little off screen right now. but he got very emotional, chuck schumer, jessica yellin. when he was introducing her, his lips were trembling a little, he got choked up. he got very emo

lindsey graham left some seeds, planted some seeds.ps affirmative action. he is a potential yes vote. he, like senator hatch, is among those that say even if i disagree with you, the president gets to make the pick. elections have consequences. he indicated he is inclined to vote for her. >> i would say pretty strong signals from him outside the hearing room saying, as you know shall as he said before, i think when a president is elected, they should pick a nominee and should get that nominee if they are qualified. oh, by the way, it doesn't change the balance of the court. >> do you think anybody's mind has been changed here? >> i don't think anybody's mind has been changed. i think they are laying out the reasons for why they are going to vote the way they are going to vote. one interesting thank lindsey graham said, her speeches outside the courtroom are edgy. the reason they are important is she tells us how she really feels when there is no precedence to follow. >> they would like more republican votes but they have enough to get

that is south carolina's lindsey graham. his republican colleagues do not believe she will be able to set aside personal biases and prejudices to decide cases impartially. sonia sotomayor is expected to easily win confirmation by the full senate. >>> also in the senate, secret talks on health care reform are now public. a bipartisan group admits it's been working behind closed doors trying to come up with a compromise bill. the associated press says the deal would not require large employers to offer insurance and would not be a government insurance option. however, there would be a tax on health benefits. it would stop insurance campaigns from denies new coverage. what will it take to present a consensus bill before the congressional recess? with me now is role call newspaper's erin billings. thank you for being with us. we heard a little bit of the details but this with max bauc auction us coming out and telling us about a bipartisan secret meeting. who is involved? >> there are six negotiators. they are all on the finance

lindsey graham breaking ranks and speaking up. ountry, discover card customers are getting 5% cashback bonus at the pump. now more than ever, it pays to discover. >>> look at that. you might think it's a horrible act of terrorism but it's not. it's actually meant to prevent attackers from bring bombs on planes. our homeland security correspondent is over at a special government lab in atlantic city, new jersey. >> reporter: airplanes, blown to bits all in the name of science and security. but, wait. this story really begins at the transportation's security laboratory in atlantic city. where patrick o'connor builds bombs for the government. >> this is a real explosive that i have here in my hand. >> o'connor has built hundreds of improvised explosive devices disguised as electronics, footwear and a in a stack of dvds. the design is evolved based on intelligence act the bombs that terrorists are building. >> use a thief to catch a thief and that's what we do here. >> some of the bombs are detonated in old planes to test whether a si

. >>> lindsey graham, the senator from south carolina is getting ready to make his opening statement right now. it's going to be significant to hear whether he will confirm or reject this nominee. >> an immigrant that came to this as a teenager and graduated in harvard in 1986 and a stellar background like yours. that's just the way it was. he never had a chance to have these hearings. he was nominated by president bush to the d.c. circuit court of appeals, which some people will agree that that's probably the highest court in the land. and he never had this day. so the hispanic element of this hearing is important but i don't want it to be lost that this is mostly about politics more than anything else and having said that there is some of my colleagues on the other side that voted for judge roberts and alito knowing that they would not have chosen either one of those. and i will remember that. now, unless you have a complete melt down, you're going to get confirmed. and the drama is being created here is interesting and my republican colleagues who vote against you, i assure you, c

any idea what lindsey graham said today? >> yes, after he said that.said if she will inspire young women, particularly latina women, this would be a good thing america has changed for the better with her selection. he also said he does not agree with the other republicans on the committee that she would let her own personal biases and prejudices influence her decision. that seemed to be what this debate or discussion was today as they voted, as you say, along a party line vote with one exception to confirm her or to send her confirmation to the full senate for a vote which will probably come next week. and then the question is how many republican senators will she get? five have already said she'll vote for her. it does seem quite clear she'll be confirmed. >> what are some of the other republicans saying, pete? >> i thought one of the most interesting comments came from charles grassley of kansas who said he voted for david suitor, the justice that she would replace. but he says he's always regretted that vote for suitor. he said during the hearing he

but i tell you, in the end, lindsey graham is right, katie. it's going to be very hard for senators to vote against this wonderful life story that this woman has-- who was raised by a widowed mother and went on to be the first hispanic woman to be nominated. >> couric: and they want those hispanic voters, too. we can't forget that. bob, let's go back to our latest cbs poll. president obama's overall job approval rating is down six points since june. his approval rating for handling the economy is nine points. i'm curious, what do you think is behind these declining numbers. >> i think it's all about the economy, katie. one of the findings in our poll says nearly 70% of people in america are worried about losing their jobs, at least what somewhat worried. when people are in that kind of mood, the president's popularity is going to go down. they want to see some results. he's launched all these programs now they want to see that the programs are having some impact. >> couric: all right. bob schieffer in washington. bob, thank you. good to talk t

in fact, lindsey graham said that her judicial record is generally in the mainstream. said some things that just "bugged the hell out of me," those are his words, but he admitted he does not think she's an activist judge. senator cornyn from texas also agreeing that her judicial record was pretty much in the mainstream, but he said he couldn't reconcile these two sotomayors, the judicial record, and of course, the things that she has said in her speeches. and andrea, senator chuck grassley, the republican iowa. i spoke with him. i asked him, are you going to vote for her? could you vote for her? and he told me something pretty interesting. he said he has never voted against a supreme court nominee. in fact, he said he's voted yes, while he's been in the senate for eight of the current justices that are sitting on the supreme court, which i thought was sort of fascinating. so he said to vote against her would be a change for him, but he acknowledged that a lot of the responses he's getting from his constituents are running against sotomayor. so i think we could see some

a statement by lindsey graham he'll probably vote for her. for republicans, it doesn't make sense to vote again. there's nothing she said that's going to leap out as being something unjudicial and if the republicans hope to dpan the white house again, they don't want to enable the democrats to oppose one of the republican candidates that would fit the mainstream or be another scalia here. i think they also see that some of the problems that confronted judge sotomayor were created by barack obama himself by voting against john roberts and samuel ali alito. and i think that every president is entitled to and the republicans don't want to imitate i would suggest, the president of the united states and create a problem for themselves when they regain the white house and send up a nominee who the democrats mayo pose. >> as far as the news, the nra, when it comes to second amendment testimony, the most striking testimony i saw was when judge sotomayor got into a case over none chucks and whether those can be moderated or there can be some control o

lindsey graham hinted at that a little bit.ething associated with the liberal. talk, just try to get her talking about substenative issues. >> i think it's a way of bringing race, uncomfortable, in and to do the kind. affirmative action and democrats are in favor of affirmative action and that will hurt people in the poll. why are we bringing it up when we have substantive issues to address. >> the rush limbaugh and the others saying she's a racist, she's a reversed racist and they feel if they get all aggressive with her, it will backfire. >> they are doing it very under the table, but it's there. >> it's very straight forward and we do know where judge sotomayor stands. one stands for literal interpretation of the law and we're seeing very clearly their strategy here and she seems to be repudiating everything she said before and i think that is why it is important for the questioning to go to a bigger picture. there is a current of thought in the law, a legal realism that the living, breathing constitution that says the const

we saw lindsey graham of south carolina very pointedly and conversationly saying to her "if i'd said such things about the superiority of a caucasian made i'd have had my head handed to me." so they laid out the reasons why conservatives would not be happy with a sotomayor confirmation. >> couric: and be comfortable not voting for her possibly? >> yes. >> couric: having said that, as the aforementioned senator graham said yesterday, unless she has a complete meltdown, she'll be confirmed. do you still think that's the case? >> i think so. i think key here is they were not able to find, except for the ricci case-- a smoking gun in her decision. an appeals court in california once said "under god" had to be stricken from the pledge of allegiance. if she had written that, which she didn't, that would be a smoking gun. so is she going to get the kind of votes when justice roberts did when half the democrats voted for him? is it going to be more like samuel alito when 42 of the 46 democrats voted against him? i don't think we know yet. i think the hands of orrin hatch and lindsey graham l

democrat ben carden and republican lindsey graham, a view from the left and a view from the right. >>en you look at the almanac, the federal judiciary, the almanac on the federal judiciary, here's what they said about you. >> they were commenting about you. >> she's overly aggressive, not very judicial. she does not have a very good temperament. >> she's bright, she's a good judge. she's very smart. >> she's a terror on the bench. she abuses lawyers. >> she's an exceptional judge overall. she's engaged in oral argument. >> she's temperamental, excitable, seems angry. >> she seems hard working and well preepd. >> she's makes inappropriate outburrs. >> she's intellectually tough. >> she can be a bit of a bully. >> wow, what exactly is the take-away there. i have no idea. our favorite part of the day was al franken. got to ask his very first questions as a u.s. senator. for the record he asked really good questions about abortion, about judicial activism. but he made his first joke, bringing up the classic tv show that inspired the judge. check this out. >> you mentioned perry mason. i w

remember, lindsey graham said, where does the word abortion appear in the constitution? and she said it didn't. how come we have a right to abortion? it is not in the constitution. franken said, where is the word birth control? it is obviously not in the constitution. in 1965, the court decided, griswold versus connecticut, which said the state of connecticut could not ban the sale of birth control, because it was part of the right to privacy. that is actually still a very popular decision, even among conservatives. he was making the point that just because words are not in the constitution, doesn't mean they don't protect the rights. >> cole burn made that same point this morning. her answers on judicial activism from so interesting. they said, i assume the good faith of all judges. that's something we have heard sandra day o'connor talk an awful lot about. this issue of who is a judicial activist and who isn't has become something that she loves to discuss, as you well know, jeffrey, because she cares a lot about the judges being maligned and labeled. >> john, give us

bret: and so far, nothing approaching the lindsey graham meltdown? >> no meltdown.ould focus on the fact that she says she disagrees with president obama's empathy standard for judges that. is something that republicans going forward, looking forward to future supreme court appointments an appellate court appointments, the many hes has in front of him and challenge democrats, i think they have an opening there. bret: you need a very fast calculator to keep up with the mounting federal deficit which has now topped a trillion dollars. the panel reacts to that and how it affects the obama agenda, next. applebee's 2 for $20. it's refreshed, and ready for summer. choose one appetizer and two entrees for just 20 bucks. 2 for $20. it's real food at the right price, and it's only at applebee's. it's a whole new neighborhood. 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. geico's been saving people money and who doesn't want value for their dollar? been true s

republican senator lindsey graham describing her judicial record as generally in the mainstream.hat really bugged the hell out of me, according to senator graham, but he said that she did pretty well in her hearings, and one visor to senator graham said he is leaning towards voting for her. also, republican senator john cornyn of texas, also agreeing that her judicial record is pretty much in the mainstream. still, senator cornyn thinks there are these two sotomayors, the one with the mainstream judicial record, the other that gives speeches like the wise latina. then i spoke with senator chuck grassley. he said he's undecided. and republican jorrin hatch, wh could be a maybe. he's undecided. the nra has come out against judge sotomayor so that's spooked a number of republicans who had been thinking about voting for judge sotomayor. important to remember that every single justice currently on the supreme court has gotten more than 78 votes except for thomas and alito. so usually the senate gives the president wide latitude in who they want to go to the supreme court. we'll see if

lindsey graham said that i will make a better senator than x because of my experience as a caucasian male. makes me better able to represent the people of south carolina. and my opponent was a minority. it would make national news and it should. >> day three of the hearings coming up tomorrow. we once again bring you all of the highlights. >>> in pensacola tonight, police say it is case closed in the murder of a couple parents to 17 children. >> reporter: officials say they believe they have now caught all of the alleged killers. and say the home invasion in which they died was long planned. >> there are now seven suspects in custody. one just 16 years old. >> reporter: police believe the ring leader was this man, 35-year-old leonard patrick gonzalez jr. described by friends as a loving husband and father, his passion, teaching karate to young children. >> we have found them and they are in custody. >> reporter: as the final arrests were announced, ashley, the oldest daughter tearfully stood by the sheriff's side, but she left without speaking out. >> we're going to have a whole lot

. >> do you think lindsey graham was right -- >> you look at -- >> let's look at lindsey graham. let's watch his questioning of her. you tell me if you think it helps you with the latino community. here it is. let's watch. >> these statements about you are striking. they're not about your colleagues, the ten-minute rule applies to everybody, and that, you know, obviously you've accomplished a lot in your life, but maybe these hearings are a time for self-reflection. this is pretty tough stuff that you don't see about other judges on the second circuit. >> what did you make of that? time basically to reflect on her anger management? >> it was something raised by her own colleagues. this isn't something republicans made up, chris, come on. >> do you think it helps to have this on television? i'm asking you a political question. you're getting into substance here. do you think president obama wasn't brilliant in picking this woman so your party would beat up on her. >> we did not beat up -- i mean, wow, come on. >> jeff sessions, lindsey graham, orrin hatch. that was a tough -- >> e

lindsey graham who is himself a j.a.g. officer. he is a lawyer in the reserves. megyn: judge advocate general. >> excuse me. of course. and john kyl who you mentioned of arizona. he is a member of the republican leadership as well as a lawyer. john cornyn of texas, also a member of the republican leadership. these are all heavyweights. they know what they are doing. it's very evident that so, too, does the nominee. this is her third time being confirmed by the u.s. senate. bret: we are going to dip back into the hearings as senator jon kyl is taking to the questioning. let's listen in. >> come before the court under the recusal statute, you would recuse yourself from participating in the decision. >> in that case, yes. >> and you're aware of -- maybe you're not -- that there are two other decisions, both dealing with the same issue of incorporation, one in the ninth circuit, one in the seventh circuit. the seventh circuit decided the case similarly to your circuit. the ninth circuit has decided it differently although that case is on rehearing. if the court shoul

lindsey graham is one of them. we will continue to follow this. stay tuned to msnbc for the live coverage of the vote which is taking place today. >>> one month ago obama administration was celebrating but now doubts about passing health care reform not to mention other agenda items getting little or no mention. melanie barnes is president obama's domestic policy adviser and director of the domestic policy council and joins us now. great to see you. >> great to see you. congratulations on your show. thanks for having me on. >> thank you so much. we are having good success and good time here. i want to bring immediately into the conversation kerry eleveld who is joining me today. we were talking about the public option and notion that might get dropped. kerry, you want to jump? >> well, i wonder about this. this is something that president obama has not drawn a line in the sand yet. i'm wondering, number one, is the white house going to do that at some point? are they going to draw a line saying we can't live without that option. number two, if the

. >> new attacks by senator lindsey graham of south carolina within the past hour. he said she was at times aggressive and was a bit of a bullet. democrats argued a tough question is exactly what -- a tough questioner is exactly what they want. >>> breaking news from montgomery county. rescuers are looking for a man who has been missing in the potomac river. we are live over the scene south of old angler's inn. we will bring you developments as soon as the become available. >>> and execution -- and execution of a virginia man has been postponed. his first conviction for the stabbing death of a woman and the rape of her sister was erturned. justices could decide this is a case of double jeopardy. whatever the outcome, the mother says she will maintain a positive attitude for her daughters. >> she will continue to be heard. we decided we would not live our lives as victims. we are survivors, and stacy's legacy will always live on. >> it is unclear when or if the supreme court will hear the case. the only person to stand trial for the september 11 attacks will get new

lindsey graham is right. that if he had said this, it would have been very controversial., it's controversial what sotomayor said and she's expressing regret in 17 different ways that the statement was being taken that way. >> you know, graham proved himself to be one of the tougher questioners yesterday and he drilled down on the idea of her temperament saying it sticks out like a sore thumb. let's listen to one of the questions that he asked. >> this is pretty tough stuff. that you don't see from -- about other judges on the second circuit. >> really suggesting that her temperament may not be suited for the supreme court. did she absolve herself of those inquiries yesterday? >> that was a dramatic moment in the hearing. he kept reading the anonymous quotes submitted to the directory, she's ill-tempered, she's abnoxious. well, i read the full entry and there were many complimentary things that senator graham left out. also, a lot of the comments struck me as the kind of thing that gets said about women in powerful positions. men are called tough, women are called shrill.

. >> and some thought that when lindsey graham used the word meltdown, that's referred to women and toddlerssting choice of words. the other interesting column -- what's up with the banks and the rest of the financial industries. he's talking about the obama administration's proposed consumer financial protection agency which banks and others want to squauch. he writes that an informed consumer, public enemy number one. the last thing they want is a fair marketplace, which is why the consumer financial protection agency can't come fast enough. >> this is one of the things that is very interesting. business has focused on that provision. when i talk to people in the white house, i think we're going to play this later, they say, are you kidding me. they're making that whether they're going to make their stand? >> most people want to know why they pay billions of dollars and yet know nothing about what they're signing. >> and "new york times" op-ed columnist takes on the pope's latest writings. he wrote about the pope's new incyclical that covers a range of issues. he writes benedicts incyclica

i think orrin hatch is a possible yes vote and lindsey graham said unless you have a melt down you are going to get confirmed. there's going to be a couple but the conservative republicans really want to take her to task. they want to press her on the empathy issue. who they believe is an activist judge. they want to make sure she will adhere to the rule of law. that's what the conservative base wants them to say. so today i think we will see an interesting hearing. yesterday was really choreographed, scripted and everybody spoke from the talking points. today it will be scripted. however, the question and answer period you have a little mored a libbing if you will. >> lindsey graham said unless there is a meltdown on her part she is sure to be confirmed. as you said a lot of posturing is for the base. how much is 2010 elections republicans need conservatives to stick with them. they can't lose them and can't alienate the hispanic population. it is a key voting block and the largest population in the couldn't and they need to appeal to them, as well. they need to walk a fine line and q

>> i think it was important apology because lindsey graham pointed out at the beginning he might vote for her. the republican lindsey graham but indicated that she needed to come off of that, he said, that she needed to apologize about it and as close you could expect her to come to an apolicy guy. she tried to explain it and it wasn't work with sessions and said it was bad. on the firefighters case that you cite, she kept saying this was narrow ruling, in fact, she was not making law, she suggested that the -- 5-4 decision, the majority of the supreme court made law by finding a different issue and a different standard that they went beyond the 78-page legal brief that had present her and three-judge panel in the appeals court. she was requested about her comments at duke law where she had said the students, students considering do you want to be a district judge or appeals judge what is your long-range goal. she said on the appellate court, we make policy. well, that she had to explain as well. she was well prepared for that. >> she meant precedent? >> she said when she ments policy

south carolina senator, lindsey graham, announcing his decision on how he will vote on the nominationof justice -- or judge sonia sotomayor to be the next associate justice to the supreme court. >> thank you, madam president. i take the floor today to inform the senate, my colleagues, about how i intend to vote on the pending nomination of supreme court nominee judge sotomayor. i understand the path of least resistance for me personally would be to vote no. that's probably true anytime you're the minority party and you lost the election, but i feel compelled to vote yes. and i feel that this is the right vote for me. and, quite frankly, for the country in this case. why do i say that? elections have consequences. i told judge sotomayor in the hearing that if i had won the election, even though i wasn't running, or senator mccain, she would probably not have been chosen by a republican. we would have chosen someone with a more -- >> all right. and there you have it. senator lindsey graham of south carolina, stating on the senate floor that he plans to vote in favor of the nomination of

that's senator lindsey graham. it's the first time gop senator orrin hatch and charles grassley have ever voted against a nominee. at least nine republicans have said they'll vote against the judge when it gets to the full senate but they don't seem to have enough support to actually block her appointment. the 55-year-old will become the first hispanic supreme court ju justice and just the third woman to sit on the highest court in the country. >>> were police wrong to taser a man who appeared to come out after public bathroom? what police know now that they didn't know then. plk >>> california governor arnold schwarzenegger has just signed his state's budget. it is aimed at balancing california's $85 billion budget through the end of june of next year. the governor and lawmakers came up with the revised spending plan last week to close a $26 billion deficit. they hope this will allow the state to stop issuing those ious. >>> among other things, schwarzenegger cut spending on child welfare, health care for the poor

>> i think lindsey graham had it about right. she'd have to have some sort of meltdown in order to lose, but there is the question of how many republican votes she gets. there are 12 democrats and 7 republicans on this committee. can she get any of those republican votes? i don't know. also, it shapes our political dialogue and i don't think that's trivial. you know better than anyone, politics is an important thing. >> as an observer i know a bit and one questions whether or not the most productive use of the senators' time and that of judge sotomayor is to listen to 20 senators for 200 minutes while she speaks for eight. it seems possible that we could do better than that but i would defer to our best wisdom of the united states senate and jeffrey toobin. thank you very much, jeffrey. >>> turning now to the war in afghanistan, insurgents have killed two more of our troops. u.s. marines killed by a roadside bomb in the southern province of hellemond. 647 of our troops killed in afghanistan since the beginning of the war. 361 of

we just heard from lindsey graham and he said barring any moment down you will be confirmed. so are we showing any signs of a melt down in that first long day of question and answer. >> the short answer is no. i think she has held up remarkably well the republicans senators have a theme in some of her speeches she used language that i think she would like to take back. >> she admitted that. >> and it is understandable. someone who is in academic settings myself, people have rhetorical flourishes and a woman being wiser than a white male is something the republicans used to their advantage but overall i think she's been tremendously impressive. she's been cool, calm, and what i would say someone who was a litigator for 25 years i'm kind of remarkable her recall of her decisions. they are asking her about. she's had hundreds of decisions over 17 year career and they are picking out little cases here and there and very quick to get back and not only remember the cases but be able to articulate the law in a sophisticated manner. whatever the minor hiccups are and on a day-to-day

andvenepublican senator lindsey graham has sad, "i honestly think i could vote for her." turned out "the washington post" rter, author o the blog "the fix" gooevening. >> good evening. >> and considered f the federal bunc 23 years ago, but warejected by the republican controlled judiary committee because he had wha they rceived at open hostility to civil rights issues. even a senator fromis home state voted against him. he is the sessions stance on somar, is it about his own agenda more than it is some chance of raising legitima questions about he or derailg her nination? >> first, have not talked to the senate about it. i won't get intohis intentns. i thinrepublican, in a tough place. judge sessions, mitch mcconnell leader of the party, and corn head of the committee, two basic reasons. one hand, thease of theparty wants a ver strong case tobe ma against sotomar. theyelieveome of the statements she made inhe pas about -- from the legislating from the bench, the wise latino remark we've made so much of. these are things that fundamtally disqualify her. on the other hand,

the vote fell along party lines with senator lindsey graham the only republican to offer his support. sotomayor is expected to be approved by the full senate next week. >>> new research from the world health organization shows the dangers of tanning beds are more serious than previously believed. no longer deemed as probable carcinogens, sun beds and lamps now rank in the highest cancer risk category, right alongside cigarettes, asbestos and arse c arsenic. the risk of skin cancer jumped 75% when people begin tanning before the age of 30. >>> now, here's a look at some other stories making news "early today" in america. >>> in texas, a suspect arrested for drugs didn't help his case when authorities say he lifted some of the drugs off the floor. they claim meth powder on the man's pants, he began collecting and licking the dust. he was sentenced to 16 years for drug possession and tampering with evidence. >>> a day-long man hunt in pennsylvania ended when the suspect fell into the lap of police. authorities found the murder suspect hiding on top of an oil tank. he tried to escape down

one of supreme court nominee sonia sotomayor's most outspoken critics, south carolina governor lindsey graham, will vote to confirm sotomayor. >>> more than a quarter century after it was stolen in one of the country's most audacious robberies. a gold watch crafted for french queen marie antoinette. dubbed the most important watch ever made. >>> now, here's an early look how wall street will kick off the day. the doushgs opens 8,881 after sliding 34 points on wednesday. the s&p was down a fraction. but the nasdaq added 10 points. >>> taking a look at overseas trading this morning, in tokyo, the nikkei jumped 69 points. while in hong kong, the hang seng soared 569 points. >>> it could be a busy day on wall street with a host of big companies reporting quarterly earnings. if yesterday is any example, mixed results could lead the market in mixed territory. for more on that and all your early business headlines, we turn to louisa bojesen from the london headquarters of cnbc. good morning, louisa. >> reporter: christina, thank you. a little bit of a mixed session yesterday. s&p ending relatively f

lindsey graham -- >> i gladly give her my vote. america has changed for the better with her selection. >>> some moderate republicans are already on record saying they do plan to support sotomayor when the full senate votes next week. >>> judge roy peerson has lost another ran in court. he was the pants lawsuit guy. he sued a dry cleaners for $54 million over lost pants. he lost that case and then he sued again over losing his job. a judge threw that out. he says he was vilified by the media and lost his job. >>> tony, another pretty humid day out there. >> yeah, no doubt. feels a little thick. the humidity has been high. the temperature up near 90. the heat index was in the low to. id in the heat and humid we've e nisis not a whole wlot of tithdermrsuns tone i.unwh seelere things are quiet. i ink seit will r most mo st of let's switch it to the weather. i think that we'll bump that up to a 50% or 60% chance for weather. keep that in mind. when we come back we'll detail the seven-day forecast going into the weekend. for now we'll se

lindsey graham, somebody who might be one of those republicans, he made pretty clear at the end of theay, he believes she is somebody who is going to follow the law. listen to what he said. >> you are able after all these years of being a judge to embrace a right that you may not want for yourself, to allow others to do things that are not comfortable to you but for the group, they are necessary. that is my hope for you. that's what makes you, to me, more acceptable as a judge and not an activist. an activist would be a judge who would be champing at the bit to use this wonderful opportunity to change america through the supreme court by taking their view of light and imposing it on the rest of us. >> now, he did tell her that she said some things that, quote, bugged the hell out of me, specifically her wise latina comment. he got her one more time to explain it. she said she regretted it. then, he said, you know what, i agree with you and he said, good luck to you. that was a key moment here in the hearing room. what happens next, kyra? the senate judiciary chairman, he hopes to have