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The third incident in just two months. >> steve: a brand-new investigation revealing a probe on the company is building a windpower plant in the same place where a coal plant closed. duke energy building two major wind power projects down in texas. the daily caller says that is a little too close for comfort. >> duke energy, a company you'll remember that lent $10 million to the democratic party for its convention this summer in charlotte and whose ceo has expressed interest in becoming the obama administration's energy secretary. in other words, a company with close ties to the obama administ...

Begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye. >> misery without end for the victims of super storm sandy. nearly three months after the devastating storm thousands are still without power. some are even camping out in tents, living like refugees in the united states of america. camping, as the temperatures dropped to the single digits and the residents asked, where is that federal help we were promised? >> you walk down here and made promises to us. you shook our hands, yo...

Presidents since we have all known about, since we can remember have made recess appointments on things like summer recesses, when congress goes away for the month of august. so, what the court is now saying, it's their interpretation of the constitutional power to make recess appointments under the constitution, limits the president's ability to do it except in very, very narrow time frames, that's a rule that's never governed presidents before this. >> megyn: no question that president bush made a bunch of recess appointments. >> including one of your contributors. >> megyn: however, however...

Thought he had the power and the court telling no, there are limits what you can do. and the senate has to be in recess not gone for a day or two. >> the white house sharply disagreed and jay carney in front of the cameras at 1:30 p.m. eastern time and they'll take it to the supreme court because they think the president has the power. >> megyn: they're going to try and up to the supreme court whether they want to hear this case or not. and the attorney jay sekulow on the program who you know. is a frequent guest here, but filed a friend of the court brief and argued they had violated the cons...

Appointments a big win for the constitution. what does it mean for the country's labor board. this is the nlrb is important, they decide important matters and there's a reason why president obama felt so dedicated to getting these guys on the nlrb that he took this risk and did it when the senate may or may not have been in recess. and of course, it wasn't. what does it mean now. what happens to the board? what does it mean for union disputes? jay sekulow and julian epstein after the break. and al gore on the circuit to plug his new book. we'll look into questions why he sold his tv network to...