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Sotomayor Awaits Confirmation Hearing; Michael Jackson's Death Investigation; Rising Cost of Obesity Pushing Up Health Care Costs; Undocumented Immigrant Deported by Hospital; What Role Will Illegal Immigrants Play in Health Care Reform?; Home Prices May Be Stablizing; Defense Secretary Gates Drops into Iraq Unexpectedly; The Dangers of Texting While Driving; Plans for Research Lab in Kansas Worry Some

Aired July 28, 2009 - 09:59   ET

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


HEIDI COLLINS, CNN ANCHOR: Here's some of the other stories that we're watching right now. The man charged in the killing of a high- profiled abortion provider is due in court next hour. This is a picture of Doctor George Tiller. Scott Roeder is expected to enter a plea in Tiller's murder. Tiller was shot and killed in a Wichita, Kansas church, May 31.

The Toronto trash strike maybe finally coming to an end. The city and the unions reached a tentative deal that would end the smelly 36-day strike. Day care workers were also on strike. They all walked off the job in a dispute over sick days. The union's vote on the proposed deal tomorrow.

The shuttle astronauts are checking the hatches right now, preparing to unhitch from the International Space Station. "Endeavour" is scheduled to land on Friday. They have been up there for 12-1/2 days working on a special laboratory on the space station.

We are watching Capitol Hill right now waiting for the Senate Judiciary Committee to start their vote on Supreme Court nominee Judge Sonya Sotomayor. Some Republican senators on the committee have already said they'll vote no to Sotomayor's nomination still expected to pass. We'll bring you that vote live just as soon as it begins.

Now, to troubling new developments in the Michael Jackson death investigation and at the center of it all, Jackson's personal physician Dr. Conrad Murray. He was with Jackson before he died and CNN's Ted Rowlands has the latest now on the investigation.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): A source with knowledge of the investigation into Michael Jackson's death tells CNN that Dr. Conrad Murray gave Jackson the powerful drug propofol within 24 hours of his death. Propofol also known as Diprivan is normally only used in a hospital setting for sedating hospital patients.

DR. DREW PINKSKY, ADDICTION SPECIALIST: For a patient to be administered Diprivan in their home or the outside world is outrageous, particularly a patient who may have had, as we believe, an opiate addiction. That is out of the question. ROWLANDS: Investigators including agents with the DEA served a search warrant at Dr. Murray's Houston clinic last week. The warrant read that investigators were seeking evidence of possible manslaughter. Murray is not a suspect in the case, but legal experts say that may change if propofol is found in Jackson's system.

MARK GERAGOS, DEFENSE LAWYER: Having Diprivan in the system, depending on what the levels are used, is not a positive indicator for any doctor who's affiliated with him.

ROWLANDS: Propofol, however, is not an illegal drug.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: It's not a controlled substance. The fact that he was giving it to him, might not have been medically indicated but there is nothing, per se, wrong with it.

ROWLANDS: Murray's lawyer released a statement in response to our report saying in part "everyone needs to take a breath and wait for these long-delayed toxicology results. I have no doubt they want to make a case for goodness sake's, it's Michael Jackson."

Ted Rowlands, CNN, Los Angeles.

(END VIDEOTAPE)

COLLINS: Now for more on the medical perspective on the drug Propofol, we turn to chief medical correspondent, Dr. Sanjay Gupta.

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Well, it's important to point out a couple of things. First of all, we are not talking about a sleeping medication here. Everyone seems to agree that Propofol never puts someone into a state of sleep, that restorative sleep that people like to get at night, typically.

This is an anesthetic, a sedative typically used in medical settings, in hospital settings and other medical settings. This is a very unusual circumstance to begin with. When you talk about what Propofol does, take a look here. It tends to quiet down the entire brain. So, it works on the entire brain. Think of it as sort of a medically induced coma. It also has an impact on the heart and lungs. It can cause possibly cardiac arrest in very high doses, suppressing the heart, suppresses one ability to breath as well.

Now, this is a safe and widely used medication, again, in the hospital setting. I've used it myself in hospitals. We do a lot of procedures as a neurosurgeon using this medication. What can happen sometimes is that medical examiners will try and test for this particular substance but because it has such a short half life, because it doesn't stay in the body too long, it can be difficult to test for.

Sometimes they'll look for the specific breakdown products of Propofol or Diprivan as it's called or some other evidence that it had been used. For example, physical evidence. If you saw somebody who had an IV in the arm, lots of propofol in the room, that might be some evidence. We've been hearing about these raids this past week, looking at offices trying to figure out the use of the medication, where it was at any particular time. That's more evidence.

But the toxicology, again, because of the sort of unusual nature of this medication, because of how fleeting it is from the body, it may be hard to show an exact response between high levels of propofol and cardiac arrest or respiratory arrest. Back to you.

COLLINS: All right. Sanjay, thank you.

And we are learning a little bit more about Michael Jackson's personal physician, Dr. Conrad Murray. He is 56 years old, graduated from Meharry Medical College in Nashville, Tennessee and spent his internship and residency years in California. He operates clinics in both Nevada and Texas. Murray became Jackson's personal physician in May and was paid a salary of $150,000 a month. The two met in Las Vegas in 2006 when Dr. Murray treated one of Jackson's children on the recommendation of a Jackson body guard.

Now, let's get back to the vote on Supreme Court nominee Judge Sonia Sotomayor. The Senate Judiciary Committee meeting right now to decide whether to send the nomination on to the full Senate. Congressional correspondent Brianna Keilar on Capitol Hill for us this morning. Brianna, will this be a party line vote today?

BRIANNA KEILAR, CNN CONGRESSIONAL CORRESPONDENT: We're expecting it to be almost a party line vote, Heidi. Most of the Democrats, all of the Democrats on this committee have voiced their support for Sonia Sotomayor and most of the Republicans have said they are going to vote against her, including the top Republican on this committee, Jeff Sessions from Alabama. Here's what he said yesterday on the Senate floor.

(BEGIN VIDEO CLIP)

SEN. JEFF SESSIONS (R), ALABAMA: And her personal story is certainly inspiring, however, based on her record as a judge and her judicial philosophy, I have concluded that she should not be confirmed to our nation's highest court. While differences in style and backgrounds are to be welcomed on the court, no one should sit on the Supreme Court or any court who is not committed to setting aside their personal opinions and biases.

(END VIDEO CLIP)

KEILAR: Now, only one Republican on the Senate Judiciary Committee has said that he is going to vote, yes, to confirm her. That is Lindsey Graham of South Carolina. He gave her some really tough questions, if your remember, Heidi, during her confirmation hearings but he said elections have consequences, basically meaning President Obama will get his pick because he won the presidential election. Of course, the next stop here would be after this vote today where she is expected to move through the Judiciary Committee, next stop is a vote before the full Senate. That we're expecting to happen next week and we are expecting that she will be confirmed to be the first Latina Supreme Court justice, Heidi.

COLLINS: Why are we expecting this to be so divided, Brianna? KEILAR: Well, part of it is a little bit of payback, especially for the confirmation process of Samuel Alito. That was very divided. Alito was replacing Judge Sandra Day O'Connor, a liberal justice, and Democrats really gave him some tough treatment in their votes but then the other point of why this is so divided is because Republicans find themselves in a bit of a tight spot here, Heidi. On one hand, they want to reach out to Hispanic voters. This is the first Latina Supreme Court justice, assuming she is confirmed as expected.

But there are a lot of groups, pro-life groups, conservative judicial advocacy groups, groups like the NRA who say a vote for Sonia Sotomayor is a vote against our point of view and these are groups that conservatives, you know, they really want to be in good standing with, especially when they look at the NRA. They are actually going to score this vote. They grade different members of Congress on how they vote for things on certain issues over the course of the year. They are actually grading this vote as if you vote for Sonia Sotomayor, we see that you're voting against second amendment rights, against gun rights and we are going to hold that to you when we score you throughout this year.

COLLINS: All right. Very, very interesting process.

KEILAR: It is.

COLLINS: Brianna Keilar for us on Capitol Hill this morning. Thanks, Brianna.

Health care reform. President Obama's top domestic priority suffers a setback. Congress confirms it will not vote on the plans by Friday, as the president first demanded. So what happens now? CNN White House correspondent Suzanne Malveaux is joining us with more on this. it's a great question. Any new strategy out there this morning for the White House?

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, I just got out of the briefing with Robert Gibbs, an off-camera, off the record briefing -

COLLINS: Talk about what?

MALVEAUX: What's going to happen. And we call it the gaggle here in his office. Essentially that he's going to go before members of the AARP this afternoon. There's going to be about 100,000 people, we're told, that are going to be on the phone. Senior citizens will be able to call in some questions directly to the president through a moderator through the AARP to get their questions answered. The president is reaching out directly to the American people. This is all about making the case, once again, that the status quo was not acceptable, that there are ways to make health care more affordable, specifically to senior citizens. That this is something that they're focusing on. It's also going to happen in town halls tomorrow when he travels to Virginia and North Carolina.

One of the things he was asked about -- Robert Gibbs specifically is this idea, this notion, Heidi, of the so-called gold plated Cadillac plans. These big plans that are given to the Goldman Sachs executives that are offered through health insurance companies. Their kind of coverage, their plans costing about $40,000. Are they going to be taxed? It's an idea that seems to be gaining some steam.

Robert Gibbs saying, well, that's an idea and if it's even less than $40,000 worth of coverage, perhaps that will be taken into account as well to raise some more revenue. He called it the Toyota Camry to mid-size Cadillac plans. But that is a possibility, as well. Looking at some of those more expensive packages that are offered to execs and actually taxing those health insurance companies for those big-time plans.

Just one of the many ideas that are being tossed around, but, clearly, Heidi, this president very much interested in putting pressure on members of Congress through just talking to ordinary folks, finding out what are their concerns, what are their priorities and addressing them directly. Heidi.

COLLINS: Yes, understood. Gibbs also coming up with those interesting parallels, right?

MALVEAUX: Right.

COLLINS: Suzanne Malveaux, we sure do appreciate it. Live from the White House this morning. Thanks, Suzanne.

And also a reminder, we have live coverage of President Obama as he takes part in that AARP call-in town hall meetings, Suzanne just mentioned. It's scheduled to begin 1:30 Eastern and 10:30 Pacific.

At the bottom of the hour, a different perspective on health care for you. Patient rights and your money. At issue, an undocumented immigrant deported by a hospital. You'll hear the story and both sides of the debate.

Meanwhile, a crew member who was onboard that commuter plane that crashed near Buffalo, New York, in February almost never made the flight. We'll tell you what some new transcripts revealed.

(COMMERCIAL BREAK)

COLLINS: Transcripts just released from commuter flight 3407 that crashed near Buffalo, New York, in February add a twist to an already tragic story. A crew member nearly did not board the doomed plane, our Allan Chernoff tells you why.

(BEGIN VIDEOTAPE)

ALLAN CHERNOFF, CNN CORRESPONDENT (voice-over): As Colgan Air flight 3407 prepared for takeoff from Newark, co-pilot Rebecca Shaw sniffled in the cockpit, telling Captain Marvin Renslow, "I'm ready to be in the hotel room." Shaw had as a passenger through the night from Seattle to Newark, New Jersey for the flight to Buffalo.

"If I felt like this when I was at home, there's no way I would have come all the way out here, but now that I'm out here," said Shaw, "you might as well," responded Captain Renslow. An hour and a half later, flight 3407 crashed five miles from the Buffalo Airport.

There's no evidence that Shaw's illness caused the crash and air safety experts say there's no way to know for sure whether Shaw was unfit to fly.

UNIDENTIFIED MALE: Every pilot has the right and the obligation to exercise their common sense and good judgment.

CHERNOFF: But Colgan Air puts blame on Shaw saying flying fatigued or sick is not an option. Every Colgan Air pilot has an absolute obligation as a professional to show up for work fit for duty.

UNIDENTIFIED FEMALE: I don't understand...

CHERNOFF: Robin (inaudible) who lost her husband on the flight fault the airline.

UNIDENTIFIED FEMALE: It was a complete recipe of disaster from the moment that aircraft took away from the jet way.

CHERNOFF: Captain Marvin Renslow was at the controls, not the co-pilot. The NTSB Monday released an interview summary with executives from Gulfstream Training Academy where Renslow had studied piloting. Academy director James Bystrom told the NTSB Winslow's performance at the academy was above average, indeed it was only later in his career that Renslow repeatedly failed test runs. Some of which he failed to disclose to Colgan Air.

Allan Chernoff, CNN, New York.

(END VIDEOTAPE)

COLLINS: All right. Quickly we've been following this story today. You are looking at some live pictures there from the Senate Judiciary Committee and what they're trying to do today is pass along their nomination for Judge Sonia Sotomayor to the Supreme Court onto the full session. Ranking member there Senator Jeff Sessions actually we have sound from him coming in that he said just a few minutes ago in this committee.

(BEGIN VIDEO CLIP)

SEN. JEFF SESSIONS (R), ALABAMA: ... on the floor yesterday based on her record as a judge and her statements, I am not able to support this nomination. I don't believe anyone should be on any court of the United States that is not deeply committed to the ideal of American justice and that is if they should set aside their personal opinions and biases when they rule from the court.

But in speech after speech, year after year, Judge Sotomayor set forth a fully formed, I believe, judicial philosophy that conflicts with the great American tradition with blind justice and fidelity to the law as written.

Her words and speeches are not being taken out of context, as some have suggested. She has repeatedly said among other things that judges must judge when "opinions, sympathies and prejudices are appropriate." She accepts that who she is will "affect the facts I choose to see as a judge." It is her belief that "a wise Latina woman with the richness of her experiences will more often than not reach a better conclusion than a white male."

And that there is "no neutrality in judging just a series of perspectives." Well, those are phrases and words that have meaning. For once I will agree that her testimony did, was not consistent with those repeated phrases and statements, but I have to say her testimony to me was, did not have the clarity and the compelling nature that would overcome those speeches.

But, for example, on the question she testified when I first asked her that she was agreeing with Justice O'Connor, but, in fact, her statement, when Judge O'Connor said a wise old woman and a wise old man should reach the same conclusion.

(END VIDEO CLIP)

COLLINS: Just giving you a little bit of flavor here as to the meeting that is going on right now. Senate Judiciary Committee trying to put their nomination forward to the full Senate for vote Sonia Sotomayor to the Supreme Court.

Moments ago, also, we did hear from Chairman Leahy. Patrick Leahy, who you see there, saying that he will cast his vote in favor of Judge Sotomayor. So keeping our eye on that story today, as well.

And this one too. Pushing up health care costs, a new study takes a closer look at obesity and the effects on our wallet.

(COMMERCIAL BREAK)

COLLINS: Pregnant women could be among the first to get vaccinated against the H1N1 virus. They have been hit unusually hard by the swine flu. About six percent of flu deaths in this country have been pregnant women and they only make up one percent of the overall population. Health officials meet tomorrow to set the priorities.

Swine flu fears have ruined a much-anticipated vacation for 64 Oregon high schoolers. Instead of exploring China, they have been in quarantine. First in Beijing for a week and then now in the city Dengfeng. Chaperone said three students have tested positive for the flu since Sunday and by the time this quarantine is lifted, they will have four days left of their trip.

The rising cost of obesity. And new studies say the nation's expanding waistlines are affecting the bottom line, meaning there's a big rise in health care spending because of obesity-related health issues. CNN's Christine Romans joining us now live from New York on this.

All right. So we don't usually have you doing health stuff, but it's very interesting how it is playing into the economy here. How much of a disparity are we talking about?

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT: Well, calories mean money.

COLLINS: Yes.

ROMANS: And when you look at rising health care costs this study published in the journal "Health Affairs" found that there is an undeniable link between rising rates of obesity and rising medical spending and healthcare costs. This is what this survey, this study found - it found $1,400, $1,429 to be exact spending more per year, per person for someone who is obese compared with someone who is of normal weight.

Overall, that is $147 billion in overall obesity-related spending every single year. This is - the survey people say, nearly 10 percent of all health spending is related to obesity. That's diabetes and the rising rates of diabetes, heart issues and other ailments that are related to our expanding waistline and the health implications of simply being a larger population.

You know, the CDC says estimates about two-thirds of Americans are overweight and that, in fact, people are about 23 pounds overweight, in fact, on average. So, this is an issue that continues to be a problem and in this study, in particular, it says amid all the calls for health reform, real cost savings are more likely to be achieved through, they say, reducing obesity and related risk factors. So, again, addressing obesity and the causes for those health care costs they say, is critical.

COLLINS: Yes, sorry, Christine, who did the study?

ROMANS: This is "Health Affairs." It was government health economists and health experts and also some private ones, as well as people who studied this for a long time. The journal is called "Health Affairs."

COLLINS: Yes, I think we were talking about some of the other aspects of this study with Dr. Sanjay Gupta earlier. What are we doing about this problem right now?

ROMANS: Well, it's interesting because it comes a day after a CDC sponsored obesity conference where the CDC was talking about, you know, how are we going to address these issues in certain communities? In school lunches, in neighborhoods that don't have supermarkets, for example or don't have a ready availability of fruits and vegetables since a lot of processed food, convenience food, fast food? Are we going to start talking about taxing certain kinds of foods or trying to promote, give incentives to eat better foods.

And, also, in the stimulus, I will point out - there's about $1 billion in the stimulus for prevention, for disease prevention and some of that is prevention of things like this, also some virus programs and the like. But there is a focus and it's one of the cores of the Obama approach on -- the President Obama approach on health care and that is prevention. Trying to stop these problems before they get very, very costly. And you know, 16 cents of every dollar is related to health care. That's a lot of money.

COLLINS: There will be a lot of people out there saying the government is not going to be telling me what to eat. I don't think there's money in there for a personal choice in the stimulus, right?

ROMANS: An apple away keeps the doctor away. Who needs all these big, fancy studies when you can just listen to what grandma said, right?

COLLINS: Yes, a long time ago. What about today's Roman numeral?

ROMANS: OK. Today's Romans' numeral is 250. And this relates to the story 250 calories, Heidi.

COLLINS: So, if I give you an apple, you'll stay healthy.

ROMANS: Yes, exactly. And apple and a half.

No, it's the average American consumes, according to the director of the CDC, the average American consumes 250 more daily calories today than just two decades ago. Think of that. 250 -- I don't know if we're eating more or the food we eat have much...

COLLINS: That's not that much, is it?

ROMANS: 250 calories more a day?

COLLINS: I don't know. We're not doctors.

ROMANS: I know.

COLLINS: Christine Romans, thank you. Very interesting. Appreciate it.

ROMANS: Bye-bye.

COLLINS: Two topics that stir a lot of passion. Illegal immigration and health care. Those issues collided in a Florida courtroom and a critically injured man is caught in the firestorm.

(COMMERCIAL BREAK)

ANNOUNCER: Live in the CNN NEWSROOM, Heidi Collins.

COLLINS: We are keeping an eye on Capitol Hill this morning after the Senate Judiciary Committee is getting ready to vote on President Barack Obama's Supreme Court nominee, Judge Sonia Sotomayor. They're deciding whether to send the nomination to the full Senate. We'll take you back to Capitol Hill for the vote just as soon as it begins.

Health care reforms and new developments, new delays. Both houses of Congress now say they will not vote on the plans by Friday as originally planned. What's not clear is if the House will delay its summer recess then in bringing the plan to a vote over the weekend or some time next week. Any delay is a blow to President Obama who had set the deadline and it's a setback to the issue that has been his top domestic goal.

Today the president tries to drum support among older Americans and he's taking phone calls as part of the town hall meeting with the AARP.

Medical care. The issue becomes deeply personal in this story of a patient's rights and the taxpayer's burden.

Here's the rundown. A man is critically injured by a drunk driver who suffers massive brain injury and does not have insurance. Fast forward three years and $2 million in unpaid bills. The hospital takes the dramatic action of deporting him. The man you see is an undocumented immigrant who is now unable to care for himself. We get the story from Brian Garner of WPTVfrom CNN's affiliate in West Palm Beach, Florida.

(BEGIN VIDEOTAPE)

BRIAN GARNER, WPTV CORRESPONDENT: For over a month, jurors listened to attorneys argue about the medical care of this Guatemalan man, Luis Jimenez. When he was struck by a drunk driver, he landed in the ER of Martin Memorial Hospital in Stewart. The jury has to decide if the hospital acted appropriately when it got a court order and hired a private jet to fly him back to his home country after he racked up $2 million in unpaid medical bills.

VOICE OF WILLIAM PHILLIPS (via telephone): It was 3-3. In other words, a real deadlock.

GARNER: The jury foreman said it took a day and a half of deliberating and a weekend's rest before the six-person jury decided unanimously in favor of the hospital.

PHILLIPS (via telephone): Well, there's no doubt that cost is in the background of everything, but I don't think that was really the major motivator.

MARK ROBITAILLE, CEO, MARTIN MEMORIAL: The jury found that we acted in the best interest of Mr. Jimenez.

GARNER: Attorneys for both sides agree. While this verdict does vindicate what Martin Memorial did in the case of Mr. Jimenez, it does not give hospitals a road map for how they should act in future cases.

ROBITAILLE: We certainly need a national solution. This cannot be left for individual hospitals to deal with on a case-by-case basis.

GARNER: Martin memorial CEO says he hopes the Jimenez case will push lawmakers in Washington to add some clairity to the law on how hospitals should handle undocumented immigrants and who will pay for their care.

ROBITAILLE: Hospitals will certainly want to take care of their patients when they're in need, but they can't do it on the backs of the local citizens of the community.

(END VIDEOTAPE)

COLLINS: Jimenez's cousin in Florida was named his legal guardian because of the brain injuries. His attorney said he's considering an appeal. Attorney Bill King says, quote, "There is no doubt that this state government and the federal government has to address the situation." In his words, they can't let something like this happen again.

The case raises troubling questions and stirs deep passions, but one thing that can't be debated with millions of undocumented immigrants living in the United States, the stakes are huge. We have two guests to delve deeper into this issue.

Jane Delgado is the president and the chief executive officer for the National Alliance for Hispanic Health, and Rosemary Jenks is with Numbers USA, a group that works to reduce both legal and illegal immigration into the United States. Ladies, thanks to the both of you for being here.

This case out of Florida, some would say, it's extreme and anecdotal, but it got us thinking a little bit about this issue because, everybody knows there's an estimate, anyway, of about 10 million to 12 million illegal immigrants in this country. How do they fit into health care reform? Dr. Delgado, I'll start with you.

JANE DELGADO, PRESIDENT, NATIONAL ALLIANCE FOR HISPANIC HEALTH: I think with health care reform, we have to remember what the American values taking care of people here and working. Little has been said about this drunk driver that injured this person and what the consequences of that was, or if there was insurance or anything like that.

It brings up many discussions, but like others have said, this is not a case that should be used to say "This is what we should do in health care reform." We should be compassionate and take care of people, and we need to provide the care that they need. Remember, that in the '60s, the United States made the decision to provide care for people over 65, regardless of income. That's a very different decision...

COLLINS: Regardless of income, but regardless of whether they're in the country as the United States citizens legally?

DELGADO: Well, I think the issue is, if people are in the United States, we need to provide them care. For example, right now, if you're in the United States legally, you have to wait five years before you receive any kind of benefit, even though you're here legally. Even though we know that these people will become citizens, and it's in our best interest of people to have good health care.

COLLINS: Okay, Rosemary, I'll give you an opportunity here.

ROSEMARY JENKS, DIRECTOR OF GOVERNMENT RELATIONS, NUMBERS USA: First of all, clearly, this is a population that should not be in the United States. Our laws say they should not be here. Of course, we have to provide emergency medical care to anyone who needs it, but the bottom line is that we have to draw a line.

First of all, hospitals should not be put in the position of having to decide whether to spend $2 million to care for an illegal alien. The illegal alien should not be here in the first place, and if we enforced our immigration laws, that would be the case. We would start to see if we, for example, we took away the jobs magnet, we would start to see the illegal population decline. That's the primary solution.

But the bottom line is, American taxpayers cannot afford to pay for health care, for health insurance, for illegal aliens. They have low incomes, they don't pay enough taxes to pay for their own services and, so, it's not a fair burden to ask the taxpayers to pay, particularly when people have broken the law to get here in the first place.

COLLINS: Dr. Delgado, do you see any connection or any link to what Rosemary is saying about the taxpayer and the burden?

DELGADO: I think it's statements that sort of rile up taxpayers because they have this misconception that undocumented persons are taking all these health resources, but that's not the facts. This is an exceptional case under extraordinary circumstances, and that's how we should see it. And the idea to use this as an opportunity to do what amounts to bashing immigrants who are here working who got hit by an American drunken driver...

(CROSSTALK)

COLLINS: I want to be very clear, I want to be very, very clear because as I said many people will see this case as extreme and anecdotal. The bigger issue, and the reason we brought the two of you on, is to discuss how health care reform will or will not include illegal immigrants in this country.

So, let me then ask you, what do you think should be done? How do they fit in to the picture of what people will be paying for health care?

DELGADO: Well, right now illegal immigrants are part of our health care system and they pay with cash, because they aren't part of any program. So, they're already in the system. So, I think anything that rules them out is not doing our health care system justice. We need some answers.

For example, what was that hospital doing that they spent $2.5 million or $2 million providing care to a person who's now in a place where their care is only costing dollars a day? There are other issues to be answered and we have to think about.

This is not a case about, you know, that we should use to mold our health care system, but, at the national level, we have to leave room for exceptions like this so that people can answer them in a way which is humane and American. COLLINS: No one can say or document whether instances like this happen often or infrequently. Certainly leaving allowances, which is exactly what we're talking about today. Rosemary, I want to give you a chance. Shouldn't this issue be part of the health care reform discussion?

JENKS: Of course it should. We are talking about an uninsured population of about 45 million. Illegal aliens represent a minimum, a minimum of 10 percent of that. So, this is a huge cost. Of course it should be part of the discussion. We have to address this issue and, by the way, illegal aliens are not all paying cash for their medical services. A lot of them are using emergency medical care, which is precisely why emergency rooms in parts of the Southwest are actually closing their doors.

So, if you're a U.S. citizen or legal resident leaving in an area where your emergency room has closed, you now have to be transported to another city, which could mean the difference between life and death for you. That's not fair. That's not the answer.

We have got to start enforcing our immigration laws because, again, this is a population that does not have a right to be here because they have broken the laws to get here, and we need to address that in all kinds of ways. Of course, we can't deny emergency medical care, but the bottom line is, we must reduce this population and -- by enforcing our immigration laws.

COLLINS: To the both of you, we sure do appreciate your views on this, and I believe it is a discussion that continues and needs to be an open one. To the two of you, thanks so much. Jane Delgado and Rosemary Jenks.

JENKS: Pleasure.

COLLINS: For the second day in a row now, we have a surprisingly strong housing report to talk about. How about that? Yesterday we learned new home sales surged 11 percent, we thought they were going to go up 2.3 and ended up being 11. The home prices may actually be stabilizing.

Susan Lisovicz on the floor of the New York Stock Exchange with details on this. Susan, one month. So, are we jumping to conclusions too quickly here?

SUSAN LISOVICZ, CNN CORRESPONDENT: No, Heidi, because I think what we're seeing here is a trend. And this one is really important, Heidi, because home prices rose half a percent in May. Now, you may say, that's not a big deal. It is a big deal. It's the first monthly increase we've seen in three years.

Now, let's put it in perspective. Year-over-year, yes, prices are still down. In fact, 17 percent year-over-year, we've seen in the S&P Case-Shiller. But the fact is, we've seen the pace of decline slowing for four months, and it supports other things that we've been seeing, most recently, what we saw yesterday with that 11 percent jump in new home sales. Heidi? COLLINS: Looking at this a little deeper. Where exactly are we seeing the gain in the housing market?

LISOVICZ: Well, this particular report, Heidi, has 20 of the largest cities in the U.S. And what's encouraging here is that 13 of the 20 actually showed price gains.

In fact, let's give you a few of them. Cleveland showed a month- to-month pricegain of over 4 percent. Dallas, nearly 2 percent. Boston, 1.5 percent. And these cities have shown month-to month increases before. So, again, it's the trend we're looking at, and the trend is encouraging. Heidi?

COLLINS: So if you're a home buyer you're saying, "Oh, shoot, I thought I was going to get a deal."

LISOVICZ: That's true, Heidi. But you have to remember, for every transaction, there is somebody on the other side. How many times you want to buy a home or you can't sell your home or you're selling it at a loss. The terrible phenomenon we have with the upside-down mortgages where you owe more on your house than it's worth.

There's also the psychology of buying a home. A lot of folks waiting, waiting, waiting because they think prices will decline even further. Finally, the fact is, Heidi, prices are cheap. They still really are cheap. In fact in cities like, for instance, Las Vegas, Phoenix, prices are down more than 50 percent from where they were in 2006.

So, prices are cheap, and I just want to mention stocks are also a little bit cheaper today. We're seeing some modest sell-off for the Dow and NASDAQ. Remember, we've had a pretty incredible rally over the last couple weeks.

COLLINS: All right, well, we are watching it all. We appreciate it. Susan Lisovicz, thank you.

LISOVICZ: OK, Heidi.

COLLINS: A new role in Iraq. U.S. troops getting used to important change in their mission while welcoming a very special guest.

(COMMERCIAL BREAK)

COLLINS: Defense Secretary Robert Gates is getting a first-hand look at a new role in Iraq for U.S. troops. He arrived there for an unannounced visit earlier this morning. First, he stopped off at a base in the south before heading off to Baghdad. CNN's Arwa Damon is joining us live from Baghdad this morning.

Arwa, just want to get some clarification on why the secretary stopped in southern Iraq first.

ARWA DAMON, CNN INTERNATIONAL CORRESPONDENT: Well, it was among the main priorities of his trip, stopping in southern Iraq to take a look at a quote, unquote "protype" of these new "advise and assist" battalions that the U.S. military trying to turn his combat units into.

This is very critical, as the U.S. is going through this transition, because it has literally handed over all security responsibility to the Iraqis. This has not been without a number of problems and challenges. In fact, we took a first-hand look at those challenges ourselves.

(BEGIN VIDEOTAPE)

DAMON (voice-over): The agreement has full control of this war to the Iraqis and largely restricts U.S. troop movement. For example, the Americans now need the Iraqis' permission and help to execute this mission.

UNIDENTIFIED MALE: Always pass intelligence projects that they can work on, it's a start for them. Hopefully detain somebody.

DAMON: U.S. forces are now in less of an offensive and more passive training role, sitting on the sidelines of the battle. On June 30, the U.S. military completed the withdrawal of its combat troops from Iraqi cities and towns. This combat battalion is now classified as a quote "superadvisory unit."

Setting aside the logistics of trying to implement a vague agreement has also been a significant change in mindset for the Americans. And the Iraqis don't have to take the Americans' advice.

LT. COL. FLINT PATTERSON, U.S. ARMY: That's right, and that's part of the difficult part of this because we like to think, you know, always have the right answer. And sometimes I do, but here's the answer. At the end of the day if they're happy with it and their systems are in place and sustainable, that's what's important and what I consider a home run.

DAMON: American forces still maintain the full right to protect themselves. This is a perimeter patrol they can execute on their own, but they notify the Iraqis ahead of time.

(on camera): What we've also been hearing from these American soldiers is that this has been a massive leap of faith, because it's not just about transitioning security responsibilities. They also had to place a significant amount of trust in the Iraqis' capabilities.

(voice-over): And both sides say, tough as it is, it has to happen some time.

(END VIDEOTAPE)

DAMON: And, Heidi, that sometime we are hearing might as well be now when you still do have over 100,000 American troops here at the ready to step in, should the Iraqis fail.

COLLINS: All right, CNN's Arwa Damon live for us in Baghdad today. Arwa, thank you.

You've seen people do it, and you may have done it yourself. Texting while driving. We'll look at the risks to you and to everyone else on the road.

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COLLINS: Former Falcons quarterback Michael Vick is back in the NFL and just remains to be seen if any team will pick him up. He was reinstated on a conditional basis yesterday and could be in a game as early as October. Vick served nearly two years in federal prison for bankrolling a dog fighting ring, I'm sure you remember. And he still has to serve three years of probation. He also filed for Chapter 11 bankruptcy.

So, we wanted to know from you, should Michael Vick be allowed to play in the NFL again? Want to get to some of your comments that you sent into the blog over to the Heidi Mac here. Just go to CNN.com/heidi and you can always post your comments.

The first one here says "My opinion, second chances are for those who unknowingly do wrong. He knew what he was doing and needs to earn his rights back first." And then this one, as well. "He did his time, which means he is corrected. That is what jail/prison is for. Whenever you are released, you are a free man. Let him play, I assure you, he will never do it again. I hate when people won't give prisoners a second chance."

There you go, once again. Not too late to sound off. Go to CNN.com/heidi to post your thoughts on the blog. Or call the "Hotline to Heidi." That number is 1-877-742-5760.

Okay, for many people it is a habit, even if you don't want to admit it. You're on your Blackberry pretty much all the time. Researchers say you also need to know, though, when to put it down. Otherwise you could be risking your life.

Our Josh Levs is here to talk about this because pretty scary numbers out there right now. Some people might say, "Well, duh, don't text or Blackberry while you drive," but you say...

JOSH LEVS, CNN CORRESPONDENT: Sometimes it takes a number to drill that in, doesn't it? A brand-new study that came out that is stunning. CNN.com/cars has a lot of information.

This right here is what I'm going to be talking to you about. Virginia Tech Transportation Institute. They've done a study funded by the government. Let's get right to it. I want everyone to see this first number we have on a graphic for you that will highlight this. Check this out. They looked at heavy vehicles and trucks, Heidi. Texting increased the risk of a crash 23 times.

COLLINS: How did they do this study?

LEVS: Here's how they did the study. They actually put cameras inside the truck. This wasn't a simulator, which some studies are. They have cameras inside the trucks and in two different places they followed the driver and also followed the kinetic movements, the person's eyes. And they would look at how long it would take a person -- how long they would look away.

And one thing that they found which is pretty amazing here. We have a Google Earth here. Let's go straight to that. I want everyone to see. One thing they found here is that when you're looking away -- we pulled up one football stadium. When people are texting in these situations they will often look away for about five seconds. And this study says that is the same as driving the entire length of a football field, Heidi.

COLLINS: If you count out one, two, three, I mean, that just freaks me out.

LEVS: You're going 55 miles per hour. You can go the entire length of a football field and not see what is in front of you. That is a really stunning number there.

COLLINS: I didn't mean to rush you there. Remind me, again, the graphic, 23 times.

LEVS: Twenty-three times. Actually, I have one more. If you're texting, that's 23 times worse, and if you're dialing, it increases your risk of a crash 2.8 times in cars. Now, the bigger risk is, obviously, texting, because it takes a lot longer. Stunning new numbers here, Heidi, and this can help drill in for people, be careful out there.

COLLINS: All right, Josh, sure do appreciate that. Thank you.

Also want to show you this. A look at tornado damage in Manhattan, Kansas, last year. Is this the safest place to build a lab full of infectious diseases? The Department of Homeland Security seems to think so.

(COMMERCIAL BREAK)

COLLINS: Well, as you know, a tornado can snap trees like matches and level entire neighborhoods. What would happen if one hit a building full of infectious diseases? Jeanne Meserve explains.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT (voice-over): A powerful tornado hit Manhattan, Kansas last year, doing $20 million of damage to Kansas State University.

But this is where the Department of Homeland Security has decided to put a new agricultural laboratory to research the most dangerous animal pathogens, like highly contagious foot-and-mouth disease. Critics say after it is built, another tornado could damage the facility, resulting in a release and a catastrophe.

MICHAEL GUIFFRE, ATTORNEY: It is absolutely unsafe. All they need is that tornado to hit, and it will cause billions of dollars of damages to the U.S. economy and wipe out tens of millions of animals.

MESERVE: Guiffre represents a group that wants the lab and its economic benefits in San Antonio, Texas, one of several competing sites. He and others are seizing on a draft Government Accountability Office report, which says the DHS decision to put the lab in Kansas is based on flawed risk and economic analyses. It concludes "this questionable methodology could result in regrettable consequences."

What is the GAO talking about? Foot-and-mouth disease was inadvertently released from a research lab in Britain in 2001, leading to eight outbreaks on nearby farms, which were contained by massive animal slaughters. A DHS official counters the GAO report saying, "We feel like we've done a very thorough assessment of the risk, the security and the safety of this particular facility." And proponents in Kansas insist it will not be a problem.

TOM THORNTON, PRESIDENT, KANSAS BIOSCIENCE AUTHORITY: The safety and security measures that go into this kind of research have advanced dramatically. In such that this kind of biocontainment research takes place safely and securely on the mainland in cities like Atlanta, Georgia, at the Centers for Disease Control every single day.

MESERVE: The construction of the Kansas lab will result in the closure of the outdated Plum Island Animal Disease Center off Long Island, New York. The GAO report concludes it would be less risky to continue animal research there than to move it to the agricultural heartland. But DHS says it has no plans to revisit its decision.

(on camera): As for the tornado issue, we talked with specialists at the National Oceanic and Atmospheric Administration, who point out that although there are tornadoes in Kansas and Texas, it is a bit of a red herring. He says the probability of a government building built to today's engineering specifications being damaged in either place by a tornado is pretty small.

Jeanne Meserve, CNN, Washington.

(END VIDEOTAPE)

COLLINS: Stay here for the Senate Judiciary Committee vote on Supreme Court nominee Sonia Sotomayor. I'm Heidi Collins. CNN NEWSROOM continues with Tony Harris.