i think roberts cares about that, but john marshall decided madison case in 1803. the superiority, the right of the supreme court to declare law unconstitutional has been unchallenged since that point and i don't think even a bad decision -- [inaudible]. >> do you think that if obama is reelected that ruth bader ginsburg will step down? and are there any other justices that you think might consider withdrawing from the supreme court? >> the answer is, resignation decisions are very political in the sense that justice is decide to leave when a president to their liking is in a position to appoint them. ruth ginsburg is a great fan of president obama, and i do think she will leave probably in obama's third year. she is 79. she is often said she wants to search use 82 because that's when louis brandeis, her idol, served until. not funny, that's true. and some people ask why didn't she quit earlier to make sure that obama bashing she's a human being. and she's a widow. and she loves what she does and she's good at it. she's got the brains and the health did it. she's p

fox's john roberts has details. >> reporter: a crowd of 12,000 people greeting mitt romney. one of the biggest crowds he's seen so far. romney hit the president on the economy. >> he wants another stimulus. how did the first one work out? we've seen the last four years. we don't want four more years like the last four years. >> reporter: with a battle cry of 30 days to victory, president obama is steaming ahead to los angeles, speaking tonight at a star studded event, even though the campaign reported a mass haul of $181 million in donations for september. hollywood a listers gathering to help. >> we going to a better vision for our -- got a better vision for our country. we have a better plan for the next four years. >> reporter: while picking apart last week's debate, president obama's senior advisor says -- >> i think he was a little taken aback at the brazenness which the way romney walked away with so much of the positions which he's run, walked away with his record. >> reporter: republican vp nominee paul ryan spending time with his family in wisconsin. >> are you set

one thing that is very important about william rehnquist, he hired a man named john roberts who is the chief justice of the united states. he was hired to be a law clerk. john roberts then ended up serving in the ronald reagan administration and in the supreme court in 2005 succeed william rehnquist after he died from thyroid cancer. what is the legacy do you believe? >> guest: i see that john roberts as being rehnquist's natural air. >> now, roberts is a worn just partisan. his methodology is more conservative than william rehnquist, and there has never been it court is conservative, according to the academic studies, there has never been a court that is more conservative right now than the roberts court, at least not since 1987 when records are being analyzed and kept. i think that roberts is very much different in some respects. i'm not sure that rehnquist would've voted as roberts did. i'm not sure that he would voted as part of the affordable care act. >> i was betting against roberts, too. then what would have happened is that somebody else would have stepped up. i think that rob

but the paradox of the difference is that john roberts when it comes to the constitution is the candidate of change. he's the one who wants to change the law on abortion, on civil rights, on the death penalty, on all of these areas whereas obama is much more of a cautious conservative when it comes to the course. he's the one saying, let's leave things the way they are. the law is okay the way it is. roberts is part of the generation of conservatives. ronald reagan brought them to washington who said, we have to change the law. >> i've been trying to tell everybody, i'm a conservative. i'm trying to conserve the voting rights act, conserve affirmative action. i'm the conservative. so glad jeffrey toobin came on the show to affirm that for me. >> that's my goal, rev. >> jeffrey toobin. the book is, the oath, the obama white house and the supreme court. you need to read it and get ready for this year. thanks for being here tonight, jeff. we'll be right back. stop! stop! stop! come back here! humans -- we are beautifully imperfect creatures living in an imperfect world. that's why liberty mu

reporter john roberts has a preview. >> reporter: the stage is set again for president obama and republican nominee mitt romney to face off. this time on long island not far from the big apple. the second of three presidential debates kicks off at hofstra university. romney hoping to keep the wave of momentum going his way after a well received performance in their first matchup. >> he was not only widely seen as winning the debate among registered voters by a margin of 3-1 or more, it helped him in the more importantly the national race against obama. >> reporter: president obama in damage control mode of sorts. acknowledging he didn't do so well in his first meeting with romney. his campaign promising a more energized and aggressive obama tonight. the commander in chief will also have recent positive economic numbers to help make his case. >> people hearing better news about the economy and jobs generally. the question is how this factors into voters' decisions or not. i think this late improvement in some public perceptions about the jobs and economy could benefit obama. >> reporter: the

we continue with john roberts live in st. petersburg, florida. governor romney says if he is elected americans will see and i quote, "a real recovery." >>reporter: that is a message that is very important here in this part of florida. president obama won this county where i am and a neighboring county in tampa in 2008. they were split in 2004 between george bush and john kerry. romney took aim at the unemployment figures today saying that while the numbers may look good on the surface, fewer jobs were created in the month of september than in either july or august and he promised that in a romney administration the jobs picture in america would look very different. >> when i'm president of the united states, that unemployment rate is going to come down not because people are giving up and dropping out of the workforce but because we are creating more jobs. i will create jobs and get america working again. >>reporter: governor romney took aims at president obama's plan to raise taxes on wealthy americans by $1 trillion saying that hits the small j

senior national correspondent john roberts is live in port saint lucie, florida. good to see you. >> reporter: good to see you. 3:15 this afternoon, the governor will be here in port saint lucie, florida, a town that barack obama won in 2008. let's deal with the emotional moments. this started in st. petersburg, florida, on friday. the governor opening up, trying to show people he is not the scary, plutocrat that the obama campaign has been making him out to be, talking about a personal story with a son of church members, when governor romney was a senior member of the church in belmont, massachusetts. david came down with leukemia. governor romney, who was mitt romney, went to spend a lot of time with him. in the hospital, wrote out his will for him. here's what the governor said about david. >> and to all of this, david had the kind of strength and courage and... and maturity you see in so many of our young people and so many of the people in this great nation of ours. i thought of that wonderful slogan, clear eyes, full heart, can't lose. david passed away. but

fox's john roberts has the latest now from reno, nevada. >> reporter: president obama racking up the miles in an effort to pile up the votes. mr. obama starting his day off in iowa and will be making stops in colorado, nevada, florida and ohio the next two days. >> but i had to start in iowa. to ask you for your votes, to ask you for your support so we can finish what we started. >> reporter: many say the buckeye state could be the deciding factor in the battle for the oval office. the commander in chief making more campaign stops there than any other state. vice president joe biden in marion, ohio, making his case for americans to keep him and the president on the job another four years. >> judge us by our actions. the president and i will not stand by and let china break international trade agreements that hurt the people of ohio or any other state. >> reporter: romney's running mate paul ryan also courting voters in the buckeye state arguing four more years of an obama white house is a recipe for disaster. >> whatever your political party, this nation cannot afford four more years

>>shepard: thank you, john roberts. rebound is keeping a low profile today as he prepares for the debate on wednesday. he is holding mock debates near las vegas with a former democratic white house hopeful, john kerry, playing the role of governor romney. both sides seem to be trying to lower expectation for wednesday, even president obama himself yesterday acknowledged to supporters a rally today, that his debate skills could be rusty. >> folks in the media speculate on would will have the best zingers. or who will put the most points on the board. governor romney is a good debater. i'm just okay. >>shepard: it is likely no coincidence that the president picked never -- nevada for preparations. g.o.p. is back in las vegas, and nevada could really be important, and, difficult, really, for president. it is at the heart of the foreclosure crisis. >>reporter: no doubt and the unemployment rate state-wide is worse than the national average. the president is trying to down play the expectations for the first debate by saying

john roberts, thank you very much. fox news will bring you the presidential debate live tomorrow night. our prime time coverage beginning with anchors bret baier and megan kelly at 8:55 eastern. just minutes from now bret baier will be live with us for a debate preview coming inside the fox report. >>> right now the search for the suspect in a deadly spa and salon shooting in wisconsin has ended. the police chief there saying he was found dead this afternoon from a self-inflicted gunshot wound inside the salon building. the discovery coming after a six-hour manhunt that forced a lockdown of a shopping center, a country club, and a hospital in subyou arurban milwaukee. they believe the shooting was related to a domestic dispute. the man apparently had a restraining order against him. this all started around 11:00 local time. three people were killed, four others wounded. >>> vice-presidential nominee and wisconsin congressman paul ryan saying in a statement just a short time ago, quote, our thoughts and prayers are with

john roberts joins us from port st. lucy, florida. what is going on there? >> good afternoon. just wrapped up one of the biggest crowds so far. about 12,000 people here at this town square. where president obama won by 12 points back in 2008. he is feeling pretty good about things in florida. a new rasmussen poll has the governor two points ahead. here at this event he was looking to the next presidential debate a week from tuesday. he says he has questions on the president from taxes to debt and spending. >> he wants another stimulus? how did the first one work out? he wants to hire more government workers? he wants to pick with winners and losers solyndra, losers in his case. we know where that leads. we have seen the last four years. we don't want four more years like the last four years. >> reporter: the debate at the university on long island is going to include foreign policy. to that end the governor is rolling out the foreign policy ball. he has a big speech on foreign policy at virginia military institute in lexington. >> gregg: tell us how big the first debate is pla

john roberts is live in florida, which i understand is north of orlando? >> it is just north of orlando. it spans two countries, seminole and orange county which split between obama and mccain in 2008. he spent this morning with rob portman his debate coach to do a little debate prep. they are expecting a much different president obama to show up a week from tuesday. one advisory the chicago obama to show up. in the meantime, he continues to carry on the momentum. she working the i-4 corridor where elections is won or lost in the state of florida. heights the differences between himself and zeroing in on taxes. >> for instance, he is going to raise taxes. vice president blurted out the truth. they plan on raising taxes trillion. they have already raised them a trillion. that is increases on taxes on small business, among other things. that will mean less jobs. >> reporter: on the campaign trail in ohio, president obama appeared to have a lot of fire that he seemed to be lacking on tuesday night. and accusing romney at shocking dishonesty and even though th

john roberts ended up serving in the ronald reagan and h.w. bush administrations and was appointed to the supreme court in 2005 to succeed william rehnquist after he died from the thyroid cancer. what is the legacy that you believe that william rehnquist gave to john roberts, and do you see him in the same vein? >> guest: well, i see roberts as rehnquist's natural heir. >> host: uh-huh. >> guest: okay? i think -- gls. >> host: in the same partisan vein? >> guest: oh, absolutely in the same partisan vein. now, roberts is a, um, roberts, i think, is a, um, is a more deft partisan in some respects, but he's also actually if you believe the academics and you believe -- and i do -- the, um, their methodology and their analysis of the record, he's actually more conservative than william remember -- rehnquist. roberts is more conservative. and there's never been a court as conservative, according to the academic studies, um, and that work, there's never been a court that's more conservative right now than the roberts court, at least not since the 193

john roberts is live in florida, the site of the final matchup. >> good afternoon. usually when it comes to policy, domestic trumps foreign policy for voters as to who they want for president but tomorrow's important. the debates have been moving numbers and people are looking for a comfort level so they'll look to the candidates to see which they would rather have as commander in chief. at the last debate as governor romney made a point about libya, he was interpreted which people thought led to a missed opportunity. tomorrow he's expected to press the president for explanations as to why the administration made the attack about a video rather than reinstituting al-qaeda in north africa. here's senator marco rubio from earlier today. >> from the early days of that attack it was apparent this was not just a popular uprising. in libya there were no record of popular uprising against the united states. they're highly regarded in libya. particularly in benghazi. >> now, while the white house has yet to fully explain why embassador rice went on television to say it was

john roberts cast the final vote for the health care act, raising questions about whether the conservative justice will continue to ally himself with more liberal elements of the bench. oral arguments today will be the first public session since the justices delivered the healthcare ruling in june. to talk about the significance of the case before the court, we are joined by the presidents f for alliance for justice. talk about the last decision, the last time the justices were together, what does it mean, it significant? particularly, justice roberts' vote? >> good morning. it is a tree to be here. i am one of your most loyal fans. last year, we had a blockbuster case with the court deciding the constitutionality of president obama's health care law. to many, the decision was a surprise. the chief justice had a majority to basically find the act constitutional under the government cost taxing powers. many were surprised, many expected the court to rule health care unconstitutional. so i think to most of us it was gratifying position, but at the same time, there were elements that more rec

now, john robert with governor romney's campaign on the trail this afternoon in virginia and ed henry at the president's next step which is in ohio. ed, republicans are crying foul today that the president is rewriting history and they are going after the moderator. >>reporter: no doubt. republicans are saying if the president really did declare this a terror attack on 9/12 why did the administration spend the next couple of weeks suggesting it was this video, the antimuslim video, and not a terror attack. why did they do that if the president was declaring this a day after that it was a terror attack? if it was a terror attack, why did the president later that night on september 12, go ahead with the campaign event in las vegas? why not cancel and deal with the attack, a national security situation. here is the republican governor. >> governor romney did well. candy got it wrong when she intervened and said the president had it right and cloned it up later. the american people know the story keeps changing from this administration on libya. it is indicative of a broader failing on fo

.///.john roberts... has... the latest... from fishersville, vi. ((obama wall-up / cheering)) president obama addressing a crowd of supporters at a grassroots pvent in cooorado.... the day aater the first debate betweee him and republicaa the president joking that the man he debated last night was not the árealá mitt romney.. obama says: "because the real mitt romney has been running around the country for the last yeer promising 5-trillion dollars in taa cuts ttat favor the weaathy...the fellow on stage last night said he didn't know anything about that.((laaghing))" the resident sticking with that theme... claiming romney was flip-flopping on debate...that he has been promoting during his campaign. obama says: "he does not want to be held accountable for the for the real mitt romney's deccsions and what he's been saying theelast year...and well ttat we donnt want what he's bee selling for the last year. (cheering)."((romney walk-up cheering)) romney also isiiing supporters in the centennial surprise visittto a colorado c-pac event hosted by 4 o

thirdly and most important in the second and third, the second is that john roberts saw health care, as many people saw health care, as the third in a trilogy of cases starting with bush beat gore in 2000, citizens united in 2010, obamacare in 2012 and that, and in those first two cases, you had five republican justices dashing the dream's of democrats in what would seem to many as a very partisan case. as they sat down to vote on health care, it looked like the same thing was going to happen, the five republican nominees were going to trash the democratic dream. roberts recoiled at that idea. roberts has a very keen sense of politics in the larger sense and he knew and cared deeply that the supreme court not be regarded as simply another branch of congress, where democrats and republicans fight. he wanted the court to be seen, if at all possible, as somewhat elevated from that sort of discourse, plus also as has a third reason worth remembering, that republican and conservative agenda for the supreme court that i talked about early on that ed meese brought with him, expand executive

roberts reporting, sir. >> jamie: great to see you, john, as well. with election day just around the corner, what does each candidate need to do in the final month ahead? angela mcglowan is it a fox news political analyst and dow, a former advisor to president clinton. doug, you first. what changed after the debate for the democrats. >> what changed the inhe have tiblty of president obama and showing the polls and reuters and rasmussen showing a close race or even a slight romney advantage, as in the rasmussen poll, but bottom line, president obama has got to get back to his core message of fiscal discipline and social compassion. and the governor romney is is an out of the mainstream extremist, he didn't deliver that on tuesday and he lost as a result. >> jamie: angela, what's the road map for republicans over the next 30 days. >> status quo. mitt romney, no question, that debate was a game changer, but jamie, a debate doesn't win an election, it sets the tone. he has to keep performing, keep talking about what he will do to create a better america

roberts. now that he's voted to uphold this law, would you still knowing what we know now, nominate a justice like john roberts? >> well, i certainly wouldn't nominate someone who i knew was going to come out with a decision that i rehemently disagreed with. >> joining me now is jeffrey toobin. voting for the united states senator is the number one reason to vote for them since they confirm these nominations. i just want to show you a moment that just occurred in the massachusetts senate debate tonight between scott brown and elizabeth warren. let's listen to that. >> who's your model supreme court justice? >> let me see here. that's a great question. i think justice scalia is a very good judge. justice kennedy. justice kennedy. the i think they're very qualified people there. >> miss warren who would be your model supreme court justice. >> i think it would probably be elena kagan. >> jeff toobin, it seemed elizabeth warren got that right the first time. we saw scott brown move from left to ri

>> john roberts live in reno tonight. thanks. coming up on "special report," has mitt romney officially shifted away from the right heading to the center? that brings us tonight's text to vote question. if romney wins how will he govern in text sr1 to 36288 for from the right. sr2 for from the center. sr3, for from the left. results later. next up, state that could decide the election. [ female announcer ] beef, meet flavor boost. flavor boost, meet beef. it's swanson flavor boost. concentrated broth to add delicious flavor to your skillet dish in just one stir. mmm! [ female announcer ] cook, meet compliments. get recipes at flavorboost.com. [ female announcer ] cook, meet compliments. sometimes life can be well, a little uncomfortable. but when it's hard or hurts to go to the bathroom, there's dulcolax stool softener. dulcolax stool softener doesn't make you go, it just makes it easier to go. dulcolax stool softener. make yourself comfortable. >> bret: in case you haven't heard it yet, ohio could be key to the presidential race

john roberts is live for us in florida with the latest. john? >> afternoon, the two have been working most of the weekend preparing for the final meeting here knowing that the debates are moving numbers they both want to put in a good performance. libya will be an issue that comes in. mitt romney campaign is suggested that if the president called it an act of terror the day after it happened why did his ambassador to the united nations declare it was an outgrowth of the antimuslim video and if the white house knew al qaeda was becoming a threat to the united states interests, why did they make it about the video? this morning, white house senior advisor for president obama, axelrod, dismissed that white house was trying to deflect attention away from threats of al qaeda. >> that is nonsense. this was a tragic event. the president did call it an act of terror several times. as for an ordered investigation to get to the bottom of what happened, why it happened and bring those who committed the act to justice. >> foreign policy, active foreign poli

>>trace: thank you, john roberts, from virginia. our g.o.p. strategist and former texas political director for bob dole's campaign and a democratic consultant and former advisor to senators john kerry and ted kennedy. anthony, i don't know if you could hear this, if you look across the board here, it was either a draw or joe biden had a little bit of an edge in some of the polls. that is on content. on style the vice president got hammered for the smirks and the laughs and the smiles. >> this is important. he came across as a bully. in question. i stopped counting the interrupts at 40, i thought that was enough. he was aggressive. he could not defend the failed policy of the last four years. so he attacked. he interrupted. he chastiseed the moderator. it was very evident in body language and style he was like obama, they both thought they were above the debate and they issue not be there. it gives us "pause." >>trace: but at the same time the vice president was going to go out there and he was going to be aggressive and a lot of people are say

we have ed henry on the campaign trail but, first, job -- john roberts is in virginia. what do we hear from governor romney today following the well lauded performance. >>reporter: before leaving colorado he stopped 59 a conference where he got a minute-london stand ovation, saying that is a good sign, that make people who were look warmer committed. last night was everything that republicans had been asking for. the challenge for mit -- mitt romney is to keep doubling down accusing the president of promoting a trickle down government. >> we have two very different courses for america. trickle down government or prosperity through freedom. trickle down government that the president proposes is one where he will raise taxes on small business which will kill jobs. i, steady, want to keep taxes down to create jobs. >>reporter: sunday morning chris christie thought the campaign would be turned on his head and got flak but chris christie was right. >>trace: the romney campaign is portraying the race as a very stark choice between the two candidates. >>reporter: highlight the

john roberts live in florida for us. and i mentioned that president obama is in california expected to make the rounds of celebrities and wealthy donors tonight. as you know, both candidates spending a lot of cash on the duelling tv ads, running in critical swing states and all of these days after the first presidential debate. the obama team having to spend some time and energy looking back on what even the president's top advisors admit was a lackluster performance, and the questions from reporters still coming. >> the president's never satisfied with his performance. he always challenges himself. i know that he's reviewed the tape and you know, make whatever adjustments he sees as necessary. >> and chief white house correspondent ed henry is live for us. and sounds like the candidates acknowledging that the president didn't get the job done in the last debate and heard axelrod about looking ahead. what exactly is the strategy for looking ahead. >> one of the strategies privately the president getting more aggressive o

>>shepard: thank you, john roberts. president obama is scheduled to touch down right there in ohio in an hour. the president took off from california where he had fundraisers and told supporters he very much intends to win, filling the airways with new ads going after the republican rival. one that is getting attention goes after the governor using big bird. remember during the debate the governor said he would rather cut funding to public broadcasting than borrow from china which is a popular line for attacks by democrats. >> one man has the guts to speak his name. big bird. big bird. big bird. big. yellow. a many nasa to -- a menace to our economy. >>shepard: we cannot see it airing anywhere but on newscasts like this. governor romney fired back and a spokesman accused the president of trying to "make a big election about small things." wendell is live at the white house. this is getting nasty again. >>reporter: it sure looks like it. on air force one the president's campaign spokeswoman said the biggest take away is

in repo, nevada, john roberts, fox news. >> and a reminder, get your political fix. decide 2012, focuses on local and national candidates and issues during the final two weeks of the campaign. brian bolter, political reporter tom fitzgerald and political analyst mark plotkin will have all of the day's news after the news edge at 6. >>> >> all eyes on the caribbean tonight where hurricane sandy is bearing down on the island. it's heading to cuba next and could affect parts of the u.s. gary, tell us about send. >> reporter: it became a hurricane this afternoon sitting on the eastern section of jamaica right now and let's go to the graphic. i want to show you, the winds are tops sustained at 80 miles an hour and in last check, they had winds, eastern section of jamaica at 60, 70 miles an hour and it holds on to the hurricane characteristics and becomes a tropical storm again in the bahamas, and that is forecast to be another hurricane off of florida and it's still forecast to go offshore of the east coast and to the end there. it jogs to the left and the official foreca

john roberts, thanks very much for that report. we'll be watching tube side tonight. laura ingraham i know will be watching. she joins us live from d.c good morning to you. >> hey, good to see you. >> brian: what do candidates have to do? first with the president, if you were coaching the president what, would you say to him? >> just perform as you did in the last debate. [ laughter ] >> brian: keep it up! do the goldilocks thing. not too cool, but not too hot. >> giving him advice. well, look, i think that because it was so bad for him in the first debate, i don't think the bar is actually that high for him. i think he's going to get good reviews from his pals in the media, if does he a decent job at the debate tonight. that's a little commentary on the media slant here. but i think he has to do what he hasn't done, frankly, if he's going to win over independent, which is to say why his second term would be different from his first. how he's going to actually work with both democrats and republicans, presumably the republicans will still be in control of the house of

first, john roberts covering governor romney's campaign for us. i know they are down playing expectations, john. but what are we expecting in the way of debate preparations now? >> in terms of debate preparation, i talked with mid romney's debate coach senator rob portman about that he said the strategy depends on which president obama shows up. if it's the combative and aggressive president obama. mitt romney could go toe to toe with him and punch for punch. it's it's 2008 rope-a-dope obama that dominated the debates back then governor romney has to be careful not to punch himself out early or commit any unforced errors. clearly articulate the choice between himself and president obama where he would take the country and where the president would here is ryan. >> he needs to give the american people the choice we are offering. that's what we are doing. we owe the country a very clear choice of a different future. we can either have a dynamic growing economy that produces opportunity or we can have a stagnant economy that fosters dependency. >> an

and the key issues this year, affirmative action, same sex action, will the john roberts supreme court continue to reshape the country in a liberal or conservative direction? that's what we need to know. 36 days remaining until the election, sometime for some tough love on tax policies. paul ryan appeared on fox news sunday to talk taxes. i thought ryan did rather well, take a listen. >> our pro growth tax reform, it cuts taxes by 20%, higher take home for the mid class, that right there creates about 7 million jobs. it's not what deductions are in the tax code, but it's who gets them. and don't forget that the higher income people will have a disproportionate amount of the loopholes that they use. >> for somebody who didn't cut taxes in his convention speech in tampa--when mr. ryan was asked to give the math on the tax cuts, here's what he spochbtded. >> i don't have the -- it would take me too long to go through all of the math. >> all right, so why not use some specific math examples. let's go back to the kudlow caucus, we have good friend david costa and jim patakokus i want to go

luke johnson says john roberts is back from his island fortress. tonight our guest, thomas sargent. nobel laureate in economics, and one of the most cited economists in the world. professor sargent, can you tell me what cd rates will be in two years? no. if he can't, no one can. that's why ally has a raise your rate cd. ally bank. your money needs an ally. that make kids happy. and even fewer that ma moms happy too. with wholesome noodles and bite sized chicken, nothing brings you together like chicken noodle soup from campbell's. it's amazing what soup can do. woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. >>> this morning the obama campaign is touting a milestone. 10 million people have donated to the president's re-election eff