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Supreme Court Justice Souter to Retire This Summer; Chrysler Workers Face Closed Factories, Unsure Future; Cuban-Americans Taking Full Advantage of Newfound Ability to Return Home; Swine Flu Tally Reaches 100 in U.S.; Is President Obama Fulfilling Candidate Obama's Religious, Faith-Based Promises?; Miss California's New Ad; The First Lady Makes Her Superhero Debut

Aired May 01, 2009 - 06:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


JOHN ROBERTS, CNN ANCHOR: Good morning. Thanks very much for joining us on this Friday. We're kicking off a brand new month today as well. It's the 1st of May. I'm John Roberts.

KIRAN CHETRY, CNN ANCHOR: And I'm Kiran Chetry. Glad you're with us. We have a lot to cover this morning. Big stories we're going to be breaking down for you in the next 15 minutes.

First, some breaking news overnight. Supreme Court Justice David Souter will retire this summer. It will be President Obama's first opportunity to appoint someone to the high court. A lot of names are already being floated around. Souter has served on the court for close to two decades.

Virginia, the latest state to confirm a swine flu case. The governor reporting two people in the state have contracted the disease. Both traveled recently to Mexico and they've reportedly both recovered.

Heavy storms that killed five people in Kansas earlier this week now causing some serious flooding this morning. A three-mile stretch of Highway 152 is closed today underwater, much like hundreds of acres of farmland where corn and soybeans were being planted for spring.

ROBERTS: Breaking news this morning from the nation's capital. As President Obama gets his next 100 days underway, another major responsibility on his plate. It's something that could keep the presidency alive for decades long after he leaves office. He now has his first opportunity to fill a vacancy on the nation's highest court. CNN confirming that Supreme Court Justice David Souter will retire this summer at the end of the current Supreme Court session.

Suzanne Malveaux now live at the White House for us this morning.

And Suzanne, did they expect to have this one come on their plate as well? As if he doesn't have enough at this point.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: They've certainly been expected.

And John, I have to say, you know, my BlackBerry, usually people get back to me pretty quickly in the morning. It is radio silence here at the White House, and nobody talking about this. Obviously, they don't want to get ahead of the official announcement of Souter retiring.

But outside of the White House, yes, there are those who indicate that the administration certainly is aware of Souter's intentions. And this is really an opportunity for President Obama, early on in his administration, to make his mark when it comes to the Supreme Court.

Not likely to change ideologically. He would likely replace Souter, who leans left, with someone else who similarly leans left.

But this is a process that, obviously, is going to take place. The president will submit a nomination to the Senate. The Senate Judiciary will hold those hearings, and we expect that this will take weeks to come before we actually know who that individual is going to be, John.

ROBERTS: Well, in terms of who that individual is going to be, obviously some names floating around. It's always a highly political process that got even an entire campaign together to sell that nominee. We remember what happened with Harriet Miers during the Bush administration.

So what names are being floated around at this point?

MALVEAUX: You're absolutely right. This is really one of those parlor game in Washington. We've been through it numerous times.

The buzz here, Sonia Sotomayor, a judge for the U.S. Court of Appeals for Second Circuit. She would be the first Hispanic on the court. Obviously getting the president a chance to make history.

Diane Wood, she is a judge of the U.S. Court of Appeals for the Second Circuit. Very well respected.

Jennifer Granholm, we've seen her with the president. She is the governor of Michigan, a former Michigan attorney general.

Elena Kagan, she's solicitor general designate and the dean of Harvard Law School.

A couple of other people very active in the campaign that we've seen. Deval Patrick, the governor of Massachusetts, as well as Georgia Chief Justice Leah Ward Sears.

There is an opportunity here, John. A lot of people talking about the possibility of this president making history, appointing perhaps another woman, a first Hispanic or first black woman. So you can see there's a very diverse range of candidates from far, a full list. But, obviously, something that we're all going to be talking about.

ROBERTS: Yes. I guess the only thing that he won't be able to do here is change the balance of the court with this nomination.

Suzanne Malveaux for us live at the White House this morning. Suzanne, thanks so much.

They called David Souter the "stealth candidate" of the high court 20 years ago. He never liked to give interviews or speeches or even have his picture taken. So just who exactly is Justice Souter? More now for you in our "AM Extra."

Souter was nominated by the first President Bush back in 1990. He quickly became a disappointment to many conservative Republicans. Some of his key decisions include the decisive fifth vote in the 1990 case of Planned Parenthood versus Casey, which upheld Roe versus Wade, keeping abortion legal in this country.

In 2003, he voted in favor of using race as a factor in college admissions, upholding affirmative action. In 2005, Souter wrote a landmark high-tech ruling that made software companies liable for their file sharing services, even though his own court-issued PC famously gathered dust in his chambers.

CHETRY: Well, there are new developments this morning in the swine flu outbreak as well. Virginia now confirming two cases, the first in that region of the country. A man and woman from different parts of the state now recovered from the virus. They got it after a visit to Mexico.

Close to 300 schools nationwide are closed because of swine flu concerns. That number nearly tripling since Wednesday affecting about 172,000 students and their families in 11 states.

And Mexican doctors wearing surgical masks now reportedly stationed at the border screening travelers who are crossing into America on foot. They're checking everyone entering Texas and California for signs of fever or coughing.

States are now receiving anti-viral drugs from the strategic national stockpile as well. Those states are calling on the National Guard to protect their stockpiles.

Barbara Starr is live for us from the Pentagon this morning.

Is this just a precautionary measure or do they think they have reason to be concerned that somebody would try to take them?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, at this point, Kiran, I have to tell you I think most states believe it is a precautionary measure. But nonetheless, military uniforms around those Tamiflu stockpiles being distributed by the CDC. These are National Guard personnel activated by their governors.

And when we took a look at all of this, we found so far, at least five states are using their National Guard personnel - Ohio, Illinois, New Jersey, Kansas and Kentucky. All using their National Guard to guard, transport and secure the Tamiflu stockpiles that have been distributed by the CDC. The states taking it very seriously, getting ready to distribute those stockpiles if the situation grows worse state health officials tell us. And one more detail to bring everyone up to date on now. The U.S. Marine Corps confirming they have two additional swine flu cases in the Marine Corps, two marines at Camp Pendleton in California. They're both in isolation until they get better as well - Kiran.

CHETRY: All right. Barbara Starr for us this morning. Thank you.

ROBERTS: Thirty-nine thousand Chrysler workers are waking up this morning with no clock to punch. The company became the first of the big three to file for bankruptcy yesterday.

Plants are shuttering their doors immediately because of a reported parts shortage. Chrysler says several suppliers have refused to deliver parts to the plants after word that the automaker is filing for bankruptcy. That's one of the reasons that Chapter 11 was once considered the unthinkable for the big three.

So now the critical question, can the new Chrysler emerge stronger and more competitive?

CNN's Allan Chernoff is live for us this morning in Auburn Hills, Michigan. He is looking into that and other questions for us.

Good morning, Allan.

ALLAN CHERNOFF, CNN SENIOR CORRESPONDENT: Good morning, John.

And that is exactly what Bob Nardelli, the CEO, tells employees in this Chrysler employees internal memo. He says that Chrysler will emerge a new, stronger company. Then on page two, he says, "By the way, we're going to be closing those factories for 30 to 60 days."

Not exactly what employees were hoping to hear.

(BEGIN VIDEOTAPE)

CHERNOFF (voice-over): The deal that was supposed to save jobs has put Chrysler hourly workers out of a job for at least the next month.

GENE BEHME, CHRYSLER AUTO WORKER: I was hoping that we'd be able to get through this unscathed. But obviously, that's not happening.

CHERNOFF: It's the latest hit to autoworkers who this week voted to give up bonuses, break time, and put the future of their health benefits into Chrysler stock, an employee benefits program will own 55 percent of Chrysler.

HAROLD KEITH, CHRYSLER AUTO WORKER: Yes, I am angry. But there's two things I will not do; I will not give up on Chrysler and I will not turn my back on the UAW.

CHERNOFF: Fiat, the U.S., and Canadian government will split the remaining ownership of Chrysler. With billions of new financing from the federal government, technology from Fiat and the leverage Chrysler gains under bankruptcy law, the company hopes to emerge stronger and healthier. Chrysler will gain the ability to chop dealerships and cut relations with some suppliers, meaning more pain ahead for companies that depend on Chrysler.

EMMETT DEGUVERA, DPR MANUFACTURING AND SERVICES: A lot of the suppliers are going to have the time - a little tough time struggling through that because of just the way business is financed through receivables. If the suppliers can't ship anything, they can't send an invoice.

CHERNOFF: But some Chrysler employees are remaining optimistic.

SIGMUND IRBY, DIE SETTER: We just ride the train until it crashes.

(END VIDEOTAPE)

CHERNOFF: And, of course, Chrysler is hoping to avoid any crashes. It will be doing that under new leadership. Nardelli says that he'll be leaving Chrysler to return to Cerberus Capital Management, the company that is giving up ownership of the automaker - John.

ROBERTS: Any estimate, Allan, on how long all of this is going to take?

CHERNOFF: Well, Chrysler is saying it could easily take up to 60 days, but nobody really knows. I mean, the bankruptcy process is tremendously complicated and Chrysler hopes to accomplish a lot within bankruptcy. As we said, trim its dealership ranks, cut down some suppliers. This is an opportunity for Chrysler to really cut its expenses down to the core. It's a tough process, but bankruptcy allows Chrysler to do all that.

ROBERTS: Allan Chernoff for us this morning in Auburn Hills, Michigan. Allan, thanks so much for that report.

CHETRY: Also new this morning, police in Los Angeles say that a 72-year-old insurance claims adjuster may be the worst serial killer in modern history. John Floyd Thomas Jr. taken into custody earlier this month.

Police say that DNA evidence linked him to five crimes so far, but police believe that the convicted sex offender may have raped and strangled as many as 30 women in the 1970s and '80s, areas that were terrorized by what was called the Westside rapist. They believe, according to a police statement, that Thomas is the likely suspect in those killings.

Well, Congress is a step closer to forcing credit card companies to back off. Yesterday, the House overwhelmingly passed a bill restricting sudden jumps in interest rates as well as late fees. The Senate is expected to take up similar legislation next week. Now if this bill eventually becomes law, most of the new measures will not take effect until next year.

And we're following breaking news at the Supreme Court. Justice David Souter planning to retire at the end of his term in June. Now a Democratic president gets a chance to replace a GOP appointee. But will it swing the court in a different direction? We're going to ask an expert who watches the high court every day.

It's 10 minutes after the hour.

(COMMERCIAL BREAK)

ROBERTS: Good morning, Miami. Thanks to our friends at WFOR - beautiful shot of downtown Miami, looking over the Miami River as well. It's going to be mostly sunny and a high of 80 today. Kind of like it was yesterday, kind of like it will be tomorrow and the day after that, and the day after that. And then it will get really hot.

It's now - what do we got? Thirteen minutes after the hour. Let's fast forward to stories that will be making news later on today.

At 11:15 a.m. Eastern, President Obama will hold a second full meeting with his cabinet. Later on, he attends the ceremonial swearing in of two members, Commerce Secretary Gary Locke and Health and Human Services Secretary Kathleen Sebelius.

Today is Foreign Affairs Day and Secretary of State Hillary Clinton will honor the day by giving the keynote address at an American Foreign Service Association ceremony. That will be at 9:00 a.m. at the State Department.

And at 1:00 p.m. Eastern, the judge in the case for former Illinois Governor Rod Blagojevich considers a request to release funds from the Friends of Blagojevich campaign to help pay for legal costs. Last week, he denied the former governor's request to appear on a reality show in Costa Rica. No kidding.

CHETRY: Yes. He's still trying to fight that. Don't want that to happen. So, all right. Good luck.

Well, we're following breaking news and a new challenge for a busy administration. Supreme Court Justice David Souter planning to retire. The 69-year-old justice expected to remain on the bench at least until June. His departure after more than 18 years gives President Obama his first chance at shaping the high court's direction.

Joining me now from D.C. is Kenneth Jost, Supreme Court editor of "CQ: Congressional Quarterly Press," and the author of the Supreme Court A to Z.

Kenneth, thanks for being with us this morning.

KENNETH JOST, SUPREME COURT EDITOR, "CQ PRESS": Glad to be here.

CHETRY: It's interesting. Justice Souter didn't talk a lot, right? He didn't go out, make a lot of public appearances. But he once, I guess famously told acquaintances he had the world's best job in the world's worst city.

Personal reasons behind his retirement. Right? Tell us a little bit more about that.

JOST: From all indications, that's right. He wants to go back home, back to his cabin in New Hampshire. You know, once he retires, we may never hear from him again.

CHETRY: It's interesting, though, because relatively speaking, he's young on the court. I mean, you have John Paul Stevens who's 88. You have Ruth Bader Ginsburg, 75; she had colon cancer. Justice Scalia, 72; Kennedy, 72. And as we said, David Souter is just 69. So what else is behind his decision to retire?

JOST: Well, he's in a liberal minority on the most divisive cases. And so, if one tries to think of major opinions that will mark his legacy, they are few and far between. And he sees this moment as a time when an ideologically compatible president can appoint an ideologically compatible successor.

CHETRY: And is that something that goes through the minds of these justices, how their departure or how their, you know, remaining, maybe even if they're older, even if sometimes they're facing illness, impacts the balance of the court?

JOST: It does. It's a political institution. Counting to five is the most important skill among the justices as Justice Brennan once famously said. They are conscious of who's in the White House. They're conscious of the Senate, of the political composition of the Senate just across the street.

Still, the tendency has been to stay on the court as long as one can, which is apparently what Justice Stevens is doing, what Justice Ginsburg plans to do, and, indeed, what Chief Justice Rehnquist did, staying on the court until he died.

CHETRY: Very interesting when you take a look at that balance and also when you take a look at presidents making these types of decisions. Souter, who turned out to be one of the most liberal members of the court, was appointed by George H. W. Bush and was quite a disappointment, I guess, at the time to conservatives.

How does President Obama, as he looks to appoint somebody, make sure that, as you said, they're "ideologically compatible"?

JOST: Well, you ask the Justice Department, your White House advisers. According to the reports, Vice President Biden, in this case, will be the point man to look at the potential candidates' records and their written opinions if they're a judge, and their written articles if they're a law professor. And eventually, of course, there's a one-on-one interview.

CHETRY: Right.

JOST: The president and the candidate. And we can remember that Ruth Bader Ginsburg went in to her White House interview not the front-runner and came out the winner because she just won Bill Clinton over. That may happen again in this instance.

CHETRY: All right. Kenneth Jost, Supreme Court editor of "Congressional Quarterly," thanks so much for being with us.

JOST: Glad to be here.

ROBERTS: The annual May Day celebration is under way in Cuba this morning, but things are a little bit different this year. How President Obama's policies are changing the lives of Cubans in Havana and here in America.

And panic or just being prepared? The swine flu shuts hundreds of schools. The vice president sounds the alarm. But still just one fatality in the United States. So are we overreacting? We take a look at the facts without the hype, coming up.

It's 18 minutes after the hour.

(COMMERCIAL BREAK)

ROBERTS: Top videos right now on CNN.com.

A car plowing into a crowd during an attempted attack on the Dutch royal family. It happened during the Queen's Day parade in the Netherlands. The queen wasn't injured, but five onlookers were killed in the attack. The driver was taken into custody, but has since died of his wounds.

Also, San Antonio, Texas, a bus carrying disabled passengers crashes while security cameras catch the driver text messaging. Twenty-three people were injured in that crash. Cameras have been installed on all those buses since this video was taken last June.

And one sneeze can send millions of germs barreling in your direction at 100 miles an hour. Randi Kaye with a very timely report on how germs from one sneeze can spread from one person to hundreds, even thousands.

And those are some of the most popular videos this morning on CNN.com.

CHETRY: Well, there's a year-long celebration going on in Cuba marking the 50th anniversary of that country's revolution. And this morning is particularly notable for Cubans because it's May Day.

AMERICAN MORNING's Jim Acosta is in Cuba getting a closer look at how U.S. relations with Havana are changing that island nation.

JIM ACOSTA, CNN CORRESPONDENT: John and Kiran, every year since the revolution, Cubans have celebrated on this May the 1st, or as they call it May Day. It's been nearly half a century since Americans have traveled freely on this island. But as we've been reporting lately on AMERICAN MORNING, that Cold War chill is starting to thaw and we've seen some of that ice chip away with our own eyes on this journey to Cuba.

(BEGIN VIDEOTAPE)

ACOSTA (voice-over): Meet the only Americans who can now legally visit Cuba just about whenever they want. They are Cuban-Americans taking advantage of a new Obama administration policy that allows them to visit relatives in the communist country with almost no restriction.

MERCEDES TORRES, CUBAN-AMERICAN TRAVELER: I have to say thank you to the president, to the United States, because we can go to Cuba to visit our family whatever time that we want.

ACOSTA: Mercedes Torres and other passengers are waiting to hop a U.S. authorized one-hour chartered flight from Miami to Cuba. She's taking bundles of food, clothing, and even toys back to her brother and sister on the island.

(on camera): You bring toys.

TORRES: Yes. They don't know Christmas. They don't Santa Claus, and we bring Santa to them.

ACOSTA: Here we go.

Charter flights are so popular among Cuban-Americans the planes are often full, and we're flying on a 767. One of the charter officials told us this is a light day.

UNIDENTIFIED FEMALE: Ladies and gentlemen, welcome to the city of Havana

ACOSTA (voice-over): Most Cuban-Americans, this new-found freedom to see their homeland is part of a White House strategy to get a diplomatic conversation going. First Cuban to Cuban-American, then maybe nation-to-nation.

Cuba has been off limits to most Americans ever since the U.S. embargo on the island that began in the years following Fidel Castro's rise to power. It's a policy that has aged along with the Cuban icon, who has been hospitalized in poor health. But with Fidel's younger and more pragmatic brother Raul now in charge...

RAUL CASTRO, PRESIDENT OF CUBA (through translator): We will discuss everything, everything, everything.

ACOSTA: And with a new president in the White House, a growing number of Cubans and Cuban-Americans are hopeful more change is coming.

For now, they'll settle for Christmas in May.

(END VIDEOTAPE)

ACOSTA: Much of what will be said at this May Day celebration will be directed at the next door neighbor to the north, the United States. But talk to any Cuban on the street, and they will tell you they too are ready for a change - John and Kiran. CHETRY: Jim Acosta for us, thanks.

And Jim is going to be on Twitter during his visit to Cuba. If you have any questions for him or you want to talk to him, he's going to be also be just chronicling what he's experiencing there. Head to twitter.com/Jimacosta.

ROBERTS: While many Cuban-Americans may be pleased with President Obama, many conservatives still are not sold. But one leading evangelical says he may be missing something. We'll talk to him and we'll find out what that is.

And Miss California taking her opinions on gay marriage to the next level. The ad that she is now starring in and the anger that it's created.

It's 25 minutes after the hour.

(BEGIN VIDEOTAPE)

ANDREW STEVENS, CNN CORRESPONDENT (voice-over): Eating is virtually a national past time in Singapore. In one of the city's famous hawker centers, there's a rich display of diverse cuisines. And despite the popularity of the dishes, the leftovers start to add up.

(on camera): Singapore is, on average, throwing away half a million tons of food scraps every year. Now in the past, most of that would have ended up in a landfill. But times are changing.

(voice-over): This discarded food is destined for greater things. Even the smallest food scrap will be used to create energy using state of the art technology.

Without this plant, all of this would end up in a landfill where it would decompose and produce harmful greenhouse gases. Nearly 100 tons arrive each day and not a single morsel is wasted.

So what's the biggest obstacle? Getting the public onboard?

S.K. ASHRAF, PLANT MANAGER, UT GLOBAL: We actually try to educate them that actually food waste can be recycled or can be treated separately.

STEVENS: Once the food arrives, workers here separate it from the other trash. It's then placed in a tank with special bacteria eat away at the leftovers and produce methane gas. The gas is then used to generate electricity. It's enough to power this entire plant, with the remainder powering hundreds of households across the city.

Andrew Stevens, CNN, Singapore.

(END VIDEOTAPE)

CHETRY: People shop this morning from Atlanta. Welcome back to the Most News in the Morning. Half past the hour now, checking our top stories.

President Obama now with his first opportunity to make his mark on the Supreme Court. CNN is learning that Justice David Souter is planning to retire after nearly two decades on the high court. He's expected to head home to New Hampshire this summer.

Well, Maine right now is on the verge of becoming the fifth state to allow same-sex marriage. The state's Senate has approved a bill that would allow same-sex couples to marry starting next year. That measure appears to have even more support in the House which takes up the issue next week.

And Alaska Governor Sarah Palin is now on Twitter. You can follow her at akgovsarahpalin. The governor already has more than 11,000 followers since joining the site Wednesday. Palin has been tweeting about swine flu, jobs, and also said that her staff was misquoted in an article about her views on the president's stimulus package.

ROBERTS: Well, during the election campaign, candidate Barack Obama had little support from the religious right. He promised to reach out to faith-based communities if he became president. This morning, we're examining how well he has fulfilled that promise.

I'm joined this morning by Pastor Joel Hunter of the Northland Church in Orlando, Florida. He's a self-described conservative and a member of the president's Faith Council.

Pastor Hunter, it's good to talk to you this morning. Thanks for being with us.

PASTOR JOEL HUNTER, NORTHLAND CHURCH IN ORLANDO, FLORIDA: Thanks, John. Good to be here.

ROBERTS: So what do you think of the president so far?

HUNTER: I think he's doing a good job. I think he's balanced. I think he's listening to all sides. And if you're a conservative evangelical, that's all you want. You don't want the president to accomplish your agenda, that's our business.

ROBERTS: Yes.

HUNTER: But you want him to listen, and that's what he's doing.

ROBERTS: Yes. You said in a recent article that I read that he displays wisdom and balance, as you mentioned, in his decision-making process.

Does that make even controversial decisions palatable to you?

HUNTER: It does, because what you want is someone who can represent all people. He has not come in hard left as many people were afraid that he would do. He's taken a reasonable approach, and sometimes a surprisingly conservative approach. ROBERTS: Interesting. You know, the big culture clash, of course, is over abortion. And it looks like during this administration, we're going to see that come to a head again. Is it important for you, Pastor, to overturn Roe v. Wade or is there a middle ground that you think might be achieved in this administration?

HUNTER: Overturning Roe v. Wade right now - right now is not realistic.

ROBERTS: Yes.

HUNTER: And so there must be a middle ground. And the middle ground, I think, is what President Obama is doing and that is reducing what he calls the need for - what I call the number of - abortions.

There's more than one way to minimize the number of abortions and, hopefully, ultimately eradicate them. And simply preventing unwanted pregnancies will go a long way to do that. Supporting women who want to carry their babies to term will do that. There's just lots of ways to do this.

ROBERTS: So you're pretty impressed with the president so far. What about your contemporaries in the evangelical community? How are they feeling?

HUNTER: Well, they're all cautiously optimistic. You know, it's been 100 days.

ROBERTS: All of them? Or are some saying, "wait a minute, we don't like this guy."

HUNTER: Well, of course. You know, there's going to be a section of evangelicals that no matter what he does, it's just - they've already made up their mind because of his stances. But for an expanding constituency in the middle, who want to really think things through and understand these problems are complex, they're looking with some interest at his presidency.

ROBERTS: Yes. You know, we saw during the election campaign and during the election that, you know, some, not a great number, but some young evangelicals came to the president's side. They were willing to swallow their concerns about cultural issues because they thought in the overall his philosophy was pretty much in line with their Christian beliefs.

How do - how do evangelical leaders who are still not certain about the president feel about that, knowing that the potential future of their congregation is looking toward this president and saying there is this middle ground and we embrace that.

HUNTER: Well, nobody really likes change because they already have their categories.

ROBERTS: Yes.

HUNTER: And so everybody is a little bit skeptical and probably a little bit uneasy. But the facts are the facts, and the facts are that the coming generation is not ideologically bound.

ROBERTS: Yes.

HUNTER: They're very practical. They just want to do some good, and that's what this president is saying that he wants also. And so, there is going to come a change.

ROBERTS: Right. You might be a little different than some evangelical leaders because you're considered a bridge builder, and you've taken some heat from some of your colleagues for being on this presidential faith council.

What do you say to them about your participation and what do you say to them about this president that might be in line with their way of thinking?

HUNTER: Well, I just keep telling people, look at the facts. You know, don't listen to all of the hype, all the rhetoric, all of the fear. Look at the facts, you know, because most evangelicals want to be educated. They want to be analytical and measured as well as scriptural in their approach. And so, if we continue just to look at what is actually happening instead of what is rumored to happen, then we're going to be fine.

ROBERTS: All right. Pastor Joel Hunter, it's great to catch up with you this morning. Thanks very much for taking your time out of your day. We certainly appreciate it.

HUNTER: Glad to do it, John.

ROBERTS: We'll talk to you again soon.

CHETRY: Swine flu fear versus reality. There are a lot of myths out there, so we're going to set the record straight. Just the facts, ahead.

Also, the U.S. won one pirate standoff, ended up saving a captain's life. But what about next time? In today's "Memo to the President," what's really being done to keep ships safe at sea?

It's 35 minutes past the hour.

(COMMERCIAL BREAK)

CHETRY: A reminder that the music has nothing to do with the stories here on AMERICAN MORNING at - 37 minutes after the hour, welcome to the Most News in the Morning.

We're following developing news on the swine flu outbreak. And this morning, the virus now being blamed for at least 10 deaths worldwide. Here in the U.S., Virginia now confirming two cases, but saying that the people who contracted after visiting Mexico are doing fine now.

But as this outbreak grows, so does the confusion. Here are just a few of the calls to our show hotline. (BEGIN VIDEO CLIP)

CALLER (via telephone): I'm just wondering if the swine flu can affect my pets or my dog.

CALLER (via telephone): I just like to know if the swine flu has anything to do with bird flu.

CALLER (via telephone): Once you've had the swine flu, can you get it again?

(END VIDEO CLIP)

CHETRY: All right. Well, AMERICAN MORNING's Alina Cho joins me now.

You know, it's no surprise that there's a lot of confusion, there's a lot of mixed messages out there. There's also just a lot of rumors and myths going around about this.

ALINA CHO, CNN CORRESPONDENT: Yes. And some people would contend that the media doesn't help, the Internet doesn't help. I mean, people are going crazy on Twitter, right?

Good morning. Good morning, everybody.

You know, one of the big questions, guys, is - yes, we know that a pandemic is imminent according to the W.H.O., but what exactly does that mean? Should we be worried?

Well, depending on who you talk to on the street, either you're completely freaked out about swine flu or you couldn't care less. So, should you be scared? Just how bad is it? And why do we react the way we do?

(BEGIN VIDEOTAPE)

CHO (voice-over): When Vice President Biden said this on the "Today Show" Thursday...

JOE BIDEN, VICE PRESIDENT OF THE UNITED STATES: I would tell members of my family, and I have, I wouldn't go anywhere in confined places now.

CHO: He was talking about airplanes and the subways that he tells family members to avoid them, given fears over swine flu or what officials called the H1N1 flu virus.

UNIDENTIFIED MALE: Well, I took the subway here. I take the subway every day.

CHO: Biden's office released a statement saying the VP was referring to a family member who is considering flying to Mexico. But Biden didn't mention Mexico, which begs the question - if there's confusion at the top levels of government, why is anyone surprised by the public's reaction? UNIDENTIFIED FEMALE: Oh, I just might die from it.

CHO: Dr. Robert Klitzman of Columbia University says the media, the Internet, all play into people's fears.

DR. ROBERT KLITZMAN, COLUMBIA UNIVERSITY: We have a panic button in our brains. When we evolved, when there was a war of the lions, you wanted to run. You didn't want to think, which way should I go? Should I go up that tree or that tree? You just ran and thought later. And that was very effective.

CHO: Could that be why nearly 300 schools in this country have closed including the entire district of Forth Worth, Texas? Eighty thousand students following one confirmed case of swine flu.

At Ascension School in New York, after a student got sick with flu-like symptoms, New York's mayor held a news conference and included Ascension on a list of schools with possible infections. As it turned out, the student did not have swine flu.

REV. JOHN DUFFELL, PASTOR, ASCENSION PARISH: It wasn't just panic in terms of the school parents, people were afraid to come to the church. You know, the big idea was that we had the swine flu here.

CHO: It's understandable we're confused. The World Health Organization put out a Phase Five alert - pandemic imminent, one step away from the highest alert level, six.

KLITZMAN: We think Level Six, an atomic bomb is going to go off and we'll be wiped out. In fact, Level Six, if you look at the definition, this means that it's been in two or more regions.

(END VIDEOTAPE)

CHO: So what would be a legitimate reason to be scared? Well, that Columbia University doctor you just heard from says you need to watch two things very closely - how contagious swine flu becomes and how many people die from it. As those numbers go up, guys, he says, so, too, should your fears.

But, you know, you hear Level Five, oh, my gosh, pandemic imminent. You think, as one doctor said, you know, we're gearing up for nuclear war. The truth is, as some say, you know, we worry about things often that we shouldn't worry about and sometimes we ignore real dangers.

I mean, think about it, 36,000 people die of the common flu in the United States each year, how many of us don't get the flu shot. So, you know, I'm not saying don't be...

(CROSSTALK)

CHETRY: There are people who think if you get the flu shot, you're going to get the flu, so people are afraid of that. CHO: Yes, absolutely. And listen, this is legitimately something to be worried about. It's just how worried should you be if say swine flu has not hit your state or your region. Well, you know, that's up for debate.

CHETRY: John thought twice when he rode the subway, right? Did you think about it?

(CROSSTALK)

ROBERTS: I was joking this morning.

CHETRY: All right. Well, there are some people who said, you know what, I used to ride the subway and someone sneezed, I didn't think anything of it, now I think twice like hmm.

ROBERTS: Well, I figure my odds are pretty good.

CHO: Well, something interesting. You know, in the White House briefing yesterday, when Robert Gibbs was trying to explain what Biden was saying, one reporter smartly said, "With all due respect, Mr. Gibbs, you're not saying at all what Joe Biden said." And he said, "Yes, I understand what he said, I'm telling you what he meant to say."

So, you know, there is some confusion everywhere about it, so.

CHETRY: Exactly. All right. Thanks, Alina.

CHO: You bet.

CHETRY: Well, Dr. Gupta is twittering - is on Twitter this morning as well, tweeting is a better way to put it, taking your questions about swine flu. You can join the conversation, Twitter.com/AMFix. You can also e-mail us, CNN.com/AMFix. Or call our show hotline which 877-MY-AMFIX.

ROBERTS: Miss California claims it cost her the crown when she came out against same-sex marriage during the Miss USA Pageant, but that's not stopping her from repeating it. In a new advertisement, how the beauty queen is creating controversy yet again.

And Michelle Obama, superhero. Your first look at a new comic book featuring the first lady. And who will sell more - Super Sarah Palin or the Mighty Michelle.

It's 43 1/2 minutes after the hour.

(COMMERCIAL BREAK)

ROBERTS: Waking up in Washington today. A shot of the Capitol building not half as nice as it was earlier this week. It's kind of blacky there with clouds and maybe some showers today. Fifty-nine degrees right now. It's going to a high of 73, but it will be a little bit wet. So, don't let a smile be your umbrella today because you'll end up with a mouth full of water. Forty-six and a half minutes after the hour.

Let's fast forward now the stories that will be making news later on today.

It's May Day, and in Cuba, tens of thousands of people will gather for a parade in front of Raul Castro to celebrate. We're going to have reporters on the ground there for us. Our Jim Acosta is there this morning. And they'll be following that for you.

Here in the United States, thousands of pro-immigration rallies and marches are planned to mark May Day. This year, however, swine flu fears are causing worry among some organizers, even considering canceling events at this point.

And President Obama said he wanted a college football playoff system. And today, Congress holds a hearing on just that. At 10:00 a.m. Eastern, it examines the financial impact that the BCS system is having on colleges and universities and whether it should be changed.

A lot of people want to see a playoff, Kiran. They don't like this ranking system.

CHETRY: Exactly, exactly. A lot of people.

Well, Miss California now taking part in a TV ad campaign against same-sex marriage. The runner-up in the Miss U.S.A. Pageant claims that her personal opinion on the topic cost her the crown.

But as CNN's Samantha Hayes reports, that's not keeping her silent on the subject.

(BEGIN VIDEOTAPE)

SAMANTHA HAYES, CNN CORRESPONDENT (voice-over): You probably don't know who won the Miss U.S.A. Pageant, but the runner up? Carrie Prejean is now a household name because of this -

CARRIE PREJEAN, MISS CALIFORNIA: I believe that a marriage should be between a man and a woman. No offense to anybody out there.

HAYES: "No Offense" is now the title of a new ad from the National Organization for Marriage, which opposes same-sex marriage.

PREJEAN: And that's why I think that it should be between a man and a woman.

UNIDENTIFIED MALE: She is immediately attacked.

HAYES: Prejean was there for the presentation of the ad in Washington.

PREJEAN: Marriage is good. There is something special about unions of husbands and wives.

HAYES: Now she faces criticism from her own pageant organizers, who say Prejean has "solidified her legacy as one that goes beyond the right to voice her beliefs and instead reveals her opportunistic agenda."

Maggie Gallagher, heads up the National Organization for Marriage.

MAGGIE GALLAGHER, NATIONAL ORGANIZATION FOR MARRIAGE: It was their judge, the judge they chose, who asked the question. It was this judge who proudly videotaped himself cursing her out and saying he would love to rip her tiara off. And they're saying it's Carrie's behavior that's the problem here?

HAYES: Gallagher asked Prejean to be part of the campaign which warns of significant implications for religious liberty when same-sex marriage is legalized. But she wasn't paid anything.

GALLAGHER: I think that most Americans say - would say about Carrie that she is really an extraordinary young woman who has the courage over her convictions.

HAYES: The Gay and Lesbian Alliance Against Defamation says Prejean is a distraction to the debate.

RASHAD ROBINSON, SR. DIR. OF PROGRAMS, GLAAD: This is not about Miss California. And this entire campaign and this ad included is really about making people think that the sky is falling. You know, at the end of the day, this is about making people afraid.

HAYES (on camera): The National Organization for Marriage says Prejean volunteered and is not part of the organization in any official capacity.

Samantha Hayes, CNN, Washington.

(END VIDEOTAPE)

CHETRY: As we noted, as this whole controversy was unfolding, I mean, Miss California, who came in as the runner-up, has gained far more attention than the person who won Miss U.S.A.

ROBERTS: I couldn't tell you who won.

CHETRY: It's Miss North Carolina, but I can't remember her name.

ROBERTS: It certainly tells you who won, though.

CHETRY: Exactly.

ROBERTS: Interesting to see her putting herself out there like that.

CHETRY: Yes.

Well, it's also one of the biggest choices a president gets to make. And now President Obama is getting that opportunity quite early - just 102 days into office. The news that he's going to be able to nominate a Supreme Court justice. The breaking news from Washington - Justice David Souter is stepping down. So who is on the president's short list for a replacement? We'll be talking about it.

It's 50 minutes after the hour.

(COMMERCIAL BREAK)

ROBERTS: Welcome back to the Most News in the Morning.

As swine flu gets closer to becoming an all-out pandemic, a new fad is catching on, the swine flu mask.

CNN's Jeanne Moos takes a look this morning.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): So eye catching, it's become the face of the swine flu - the mask - a serious accessory in Mexico, still a novelty in the U.S.

(VIDEO CLIP)

JAY LENO, HOST, "THE TONIGHT SHOW WITH JAY LENO": So Michael Jackson not so crazy, huh?

(LAUGHTER)

LENO: Yes.

MOOS: Though Michael Jackson's masks tends to be fashionable. You know the mask has permeated pop culture when Web sites like Defamer feature reality show celebrities kissing in masks in Mexico.

As one person posted on PopSugar: "They're going to get tan lines."

UNIDENTIFIED MALE: You can protect yourself and your family with the Enviroair Designer Mask.

MOOS: Another company is featuring a swine flu mask sale - a box of 50 for $14.99. And though New York's mayor says...

MAYOR MICHAEL BLOOMBERG (I), NEW YORK CITY, NY: We do not recommend that you use a mask.

MOOS: ...many New York City drug stores have sold out. On the Web, there are instructional videos.

UNIDENTIFIED MALE: There are two types of masks that can be used during an influenza pandemic.

MOOS: Serious videos and silly ones - how to make a swine flu mask.

UNIDENTIFIED MALE: Do it yourself.

UNIDENTIFIED MALE: Right.

UNIDENTIFIED MALE: DIY.

MOOS: Using coffee filters or a Styrofoam bowl that you can decorate. Definitely not doctor approved.

People are posting photos of decorated masks on Flickr. They're shoving them on their pets.

A few years back, during the SARS outbreak, this Louis Vutton spoof made the rounds. A real photo was doctored to include a mask with designer insignia.

The swine flu outbreak inspired a breakout marketing idea. The Web site Gawker reported: "Go gorilla media, pitch the you're at here concept," proposing clients plaster their brand on masks.

The hottest new viral marketing idea - go swine.

(on camera): But within hours of the pitch being e-mailed out, the head of Go Gorilla was having second thoughts.

(voice-over): Out went the apology e-mail: "In hindsight, the concept was not as clever as I had originally thought."

STEPHEN COLBERT, HOST, "THE COLBERT REPORT": You're going to want to ask anyone you see if they have swine flu.

MOOS: What the masks definitely won't protect you from is the mask joke.

COLBERT: You'll want to cut a mouth hole, OK?

(LAUGHTER)

COLBERT: Do you have swine flu?

MOOS: Not that folks are laughing behind these masks.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

CHETRY: All right. Well, Hillary Clinton was there. Sarah Palin was there. Now Michelle Obama, featured as a superhero in a comic book. You're first look at the first lady.

It's 55 minutes after the hour.

(COMMERCIAL BREAK)

CHETRY: Welcome back to the Most News in the Morning.

Sarah Palin has been there. So has Hillary Clinton. Well, now it's the first lady's turn. Mighty Michelle Obama makes her superhero comic debut. And Lola Ogunnaike has your first look. (BEGIN VIDEOTAPE)

LOLA OGUNNAIKE, CNN ENTERTAINMENT CORRESPONDENT (on camera): If you could give Michelle Obama a superpower, what would it be?

UNIDENTIFIED MALE: Superwomen intuition.

UNIDENTIFIED FEMALE: I think she would be perfect for super strength, and give her the ability to fly, too.

UNIDENTIFIED MALE: Laser beam, probably flying, too.

UNIDENTIFIED MALE: The adventures of superman.

OGUNNAIKE (voice-over): She may not be able to leap tall buildings in a single bound, or race faster than a speeding bullet, but Michelle Obama can move merchandise. Books and ball gowns, J. Crew to Jason Wu, and countless magazine covers. Now one comic book company is betting that she'll be the new wonder woman in town.

DARREN DAVIS, PRESIDENT, BLUEWATER PRODUCTION: We're thinking women are buying them for their daughters. I think that's a big part. I think people that want Michelle Obama collectibles will be getting a more Barack Obama collectibles, because he's also in it as well.

OGUNNAIKE: Darren Davis and his partner, Jason Schultz, are behind the "Female Force" series, which showcases powerful women in the public eye.

Since launching the series in March, they featured Hillary Clinton and Sarah Palin. Experts say a Michelle Obama comic is a no- brainer.

I think this comic book - folks will make a lot of money over this. And these are going to fly off of the shelves. And they're very smart and kind of timing it to the first 100 days. So they know that there's going to be a spike in interest for Michelle Obama.

OGUNNAIKE: The comic is a sleek biography of the first lady's rise, from the south side of Chicago to the White House. Her days at Princeton, her marriage to now President Barack Obama. How she juggled family and a law career. It even includes some less flattering moments on the campaign trail.

MICHELLE OBAMA, FIRST LADY OF THE UNITED STATES: For the first time in my adult lifetime, I'm really proud of my country.

OGUNNAIKE: Preorders have sold out, a second printing is on the way. And "Mighty Michelle" has already outperformed both Palin and Clinton.

DAVIS: Hillary Clinton and Sarah Palin comics sold about 50,000 copies each, and then Michelle Obama sold 45,000 copies up to this point.

OGUNNAIKE: But have no fear, fans will see more of Mrs. Obama in cartoon form next January.

DAVIS: I promise you we are going to be doing a sequel to this comic book.

(END VIDEOTAPE)

CHETRY: All right. Lola, joins us now. Just paging through it right now.

Very interesting that they're bringing these comic books to light with all of these powerful women now.

OGUNNAIKE: It is. And, you know, she's going to be in good company. Carolyn Kennedy, they're coming with one featuring her in June, Princess Diana in July, Condoleezza Rice in August, and Oprah Winfrey in September.

CHETRY: All right. "Female Force." Now are these just single issues then, or are they going to continue a story line?

OGUNNAIKE: They are single issues, but Michelle is coming back. They're going to have a sequel, because this is already sold out, 45,000 copies already. The second printing is coming. And the interesting thing about the second printing, they've decided that they're going to make her arms a little more buff because everyone is obsessed with her arms right now.

CHETRY: All right, good. Thanks. Thanks, Lola.

OGUNNAIKE: Thank you.