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The -- >> you know what? mitt romney disagrees with you. mitt romney came out today. what did he say? he said these numbers are proof that the obama economic policies are failing the american people. ben stein, what do you dues? >> i don't think that's true at all. i think mr. romney has to say that. i don't see a single thing besides taking that sneer of big business off his face that mr. obama could do differently. already running at a very high degree of stimulus, fiscal, high degree of stimulus, monetary. i don't think there is much that he can do differently. >> bill: let's shift gears. l...

The -- >> you know what? mitt romney disagrees with you. mitt romney came out today. what did he say? he said these numbers are proof that the obama economic policies are failing the american people. ben stein, what do you dues? >> i don't think that's true at all. i think mr. romney has to say that. i don't see a single thing besides taking that sneer of big business off his face that mr. obama could do differently. already running at a very high degree of stimulus, fiscal, high degree of stimulus, monetary. i don't think there is much that he can do differently. >> bill: let's shift gears. l...

Opposed to stay. we of course don't condone gambling in that casino. >> bret: james, thank you. members of the senate judiciary committee hope to wrap up the elena kagan confirmation hearing tonight. she is through with her testimony. they're hearing from witnesses for and against her. if kagan is confirmed, there are some cases she won't rule on. correspondent shannon bream tells us why. >> reporter: there has been plenty of partisan bickering in the hearing for elena kagan, there is an issue raising concerns on both sides of the aisle. how many cases she would sit out if confirm and how will...

Opposed to stay. we of course don't condone gambling in that casino. >> bret: james, thank you. members of the senate judiciary committee hope to wrap up the elena kagan confirmation hearing tonight. she is through with her testimony. they're hearing from witnesses for and against her. if kagan is confirmed, there are some cases she won't rule on. correspondent shannon bream tells us why. >> reporter: there has been plenty of partisan bickering in the hearing for elena kagan, there is an issue raising concerns on both sides of the aisle. how many cases she would sit out if confirm and how will...