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Process. you know, if the supreme court says there's a fundamental right to gay marriage -- same-sex marriage, the ability of states to say, no, we won't have it, which is what has happened in some states as well, as you know, that will be overcome. >> the other case involves doma, defense of marriage act. what's at the heart of that question? >> not the fundamental right of same-sex marriage but whether the federal government can define marriage in a certain way, as between one man and one woman. historically that's been the job of the states to decide what marriage is, to define it. that rea...

Government recognize her legal marriage. >> right. >> vis-a-vis the internal revenue service. because when her partner of 42 years died, she owed $363,000 in federal estate taxes that she would not have to pay if her spouse had been a man. >> and that's a great point because she was legally married in canada, lived in a state that marriage equality is legal. so we're not asking in this case for them to affirm the marriage. it's just for them to affirm where she is legally married that the federal government has to respect that, rich around. >> yes, that's true. but i think that the big picture...

Look at this. good mornings, stuart. what lies ahead? >> that is a difficult question to answer. looking at the numbers we received today from a couple of reports you can probably say tomorrow 8:30 eastern time there were roughly, 120,000 new jobs created last month. that is a very rough estimate looking at today's numbers. now let me go into today's numbers, they are politically loaded because they present a snapshot of the economy right before the election. they're going to be intensely scrutinized because we've had a couple of very generous and pretty surprisingly positive reports last mont...

Candidate of change. well, let me tell you, wisconsin, we know what change looks like. governor is all for ensuring change. giving more power back to the biggest banks isn't change. leighing millions without health insurance isn't change. another $5 trillion tax cut to favor wealthy isn't change. >> the punches are still flying because the president knows the race is far from over. especially since he is still waiting for friday's october jobs report. one of the last unknowns about the race. today, weekly applications for unemployment benefits dropped to a seasonally adjusted $363,000. level c...

363,000. analysts say that number indicates companies are hiring, which is great news. we should know more tomorrow when the government releases its final monthly jobs report, the last one before we decide. gerri willis of the fox business network is with us. gerri, ahead of that report, there was another one today that shows companies are adding to their payrolls. >> adding to private sector. 158,000 in the last month. critical number. biggest gain since february but offsetting that and there is an offset. >> shepard: kill joy. >> i know i'm a bad person. layoffs jump by more than 40%. challe...