wendy murphy and lisa bloom, who has dealt a lot with kids and crime and abuse. ou. why even have the list? why even put murder on one and heroin possession or induced sex with a minor on one that's okay if it is going to be subject to review? why have the list at all? >> ey idealogically, there is an acceptance for people with a criminal pass to do all sorts of things. i'm hear in massachusetts pulling my hair out trying to get at least the governor to say, here is an interesting thing. you have cited a superior court judge's decision. that's not an appellate court. we have the power in the hands of the governor who is, after all, in charge of the agency responsible. he could tomorrow say i don't care if there is discretion. i don't want anybody who has molested a child or induced a child into sex, i don't want any of those people becoming foster parents, because kids and their well-being are more important than anything else and perpetrators who are looking to, let's say, sexually abuse or make child porn with children, say, sign up to be foster parents, because

former prosecutor wendy murphy is live with us. ndy, help me understand this. >> i'm not sure i can, shep. look, i'm perplexed, too. being a mom, being a mom of kids who have been treated at both children's hospital and tuffs new england medical center, it's not clear to me that one or the other hospital is better. they're both just stupendous medical places. >> that's indisputable. >> yeah. i'm not declined to believe that children's is the bad guy here. having been a child abuse prosecutor, decisions about taking a child out of a hospital and putting them into foster care, that matter, taking a child out of a family and putting them into foster care, that's not done by one person, one doctor or for that matter, one judge or one social worker. it's done by a team and you have to believe there's more to the story here. all due respect to jennifer and her family, the hospitals cant give their side, and the social workers can't give their side because there are all kinds of confidentiality rules that inhibit them from saying what they

let's talk to wendy murphy, a former professor at boston and wind, good to see you. >> good to see youus understand both sides of the coin. how would a business owner say, my religion doesn't allow me to dos with with this person or group? >> yeah. this is a classic example of what i call the rubber meeting the road in-law. the rubber, freedom of religion bumping up against the road, called protection against discrimination laws. the interesting thing about arizona is, unlike categories such as race and ethnicity and gender, sexual orientation isn't a protected class category there. so your freedom of religion including your freedom to discriminate as an aspect of your religion is more protected there, because there really is no special protection for the class of people -- >> you're saying that is the case anyway for -- if that's the case already, if i understand what you're saying, then why would there need to be a statute on the books that would support that? >> right. so this is, i think, where leadership -- governor brewer comes in to play, and, you know, basic ideals about democr

murphy, the bear, won the debate on panera. you lost ten in a row. come on. >> i had to celebrate a little bit. >> had to get a win. >> exactly. >> final trade? >> wendy's.xlu. >> josh brown, what do you like on your final trade? >> advanced auto parts. aap. i think it goes higher. >> that does it for us. have a great day. we will see you tomorrow. "power lunch" begins right now. "halftime" is over. "power lunch" and the second half of the trading day start right now. >> scott, thank you very much. the housing market just got a little less sweet today, folks. home builder sentiment plunging this month. the sector bearing the brunt of the report this afternoon. there you see those big home builders all down by various scales. all right. want to own a car or buy one? come on down. today, we give you the first look at how this terrible winter weather is hitting the car market and not in a good way. will this mean that there will be some deals for you? >>> and