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Underway. we'll bring shannon to you with that decision. it appears they will take this case up, gregg. i guess we'll not get information on timing and when. with the election coming that will be so significant in terms of when they're hearing this. gregg: legal scholars predict oral argument, february, march, then a decision by june. seems to be a no-brainer they will take the case. you have conflicting lower court decisions. the solicitor general wants the high court to take the case. both sides are asking the supreme court to take the case. and you have a momentous decision that impacts all...

Climate. look what we saw last couple days in investment in this country a firm, transcanada, wants to build a $7 billion pipeline that would create thousands of construction jobs here in the united states. it has been ebb zooing to do this for three years. the obama administration bureaucracy has been gumming it up and now the president says, actually, no we're not even going to make a decision until after the election because his environmentalist base oppose this is pipeline. martha: that is a good point. go back to the boeing example of south carolina. look at real decisions on the ground t...

Of bankruptcy. are you getting stonewalled on that? my goodness, 85,000 documents by all kind of agencies have been turned over yet, only 80 to 100 e-mails from the white house? are they not giving you that aspect? and if not do you suspect they're hiding something? >> well, this is a critical decision made by someone in the white house, in the administration where they decided to put the taxpayer in the back of the line. we think they broke the law. the law seems very clear that you can not subordinate the taxpayer putting them behind a private investor. even the department of treasury felt t...

Exactly how you do that, delayed until next year. probably a good idea, gregg, if you actually want this thing to happen but nevertheless delayed right into the middle of an election year. gregg: after all they don't kick into 2013 anyway. there is some wiggle room. stuart varney, thank you very much. >> gregg. martha: those are just a few of the stories we're following here today on "america's newsroom." coming up this morning, president obama says the u.s. is a bit lazy to attracting business to this country? is he right? gregg: former penn state defensive coach jerry sandusky now facing 40 ...

Meeting of pacific rim leaders in hawaii by choosing not to have his guests and himself wear hawaiian aloha shirts. only serious suits here. actually it was japan that ended the tradition last year. many felt tough economic times didn't really call for money spent on such props, the tradition of funny shirts. the local custom was started by president bill clinton nearly two decades ago, and don't you want to forget that shirt? >> martha: i think it was a wise decision they not wear hawaiian shirts. that's a bad photo opportunity for any leaders right now. gregg: kind of has a 1960s look to it,...