the supreme court. what some judges in california have just decided and how it could effect every state in the nation. plus a massive knew sky drone takes to the sky. this one can do something that no other drone can manage. tonight, flying with the phantom eye. but first from fox this tuesday night. just two hours until the polls close in wisconsin wisconsin's historic recall election. tonight exit polls are showing voters are split on the issue started this whole thing. governor scott walker's law to limit collective bargaining rights for most state workers. according to exit polls 9% of wisconsin voters say they strongly approve of how governor walker handled collective bargaining. look at the bottom of the screen there. slightly more say -- more say they strongly disapprove. so the analysts contend it could all come down to that group in the middle. governor walker says the bill was necessary to balance the budget. opponents called it union busting and organized huge protests at the state capitol. democratic lawmakers even the left the state to try to keep republicans from passing that bill. they passed it anyway. governor walker signed it into law more than a year ago. the recall effort began. only two other u.s. governors have ever faced recall votes. each lost. the outcome tonight is still very much up in the air. let's get to team fox coverage now. james rosen with more on the exit polls for us. first to mike tobin is live for us in milwaukee. tell us what you are hearing from voters. >> well, we're seeing a pretty strong turnout. the numbers we are getting from the city of madison anyway that liberal strong hold says 48% of that population had turned out as of 4:00. we are also hearing reports that in the conservative hub of waukesha they are seeing a very strong turnout. here in milwaukee, we're seeing good numbers of voters coming and going. the numbers increased right about quitting time. by and large what we are hearing from the voters. you see hear some partisan arguments one way or the other. you are hearing people say they are ready to put this behind them. >> very important if nothing else to put this diversion interstate politics to rest. >> now, by and large, these people for a year and a half have been subject to all the bitter politicking. the tv ads. the robo calls. people knocking on their doors. neighbors who can't talk to neighbors. you bet they are ready to put this behind them, shep. >> shepard: i'm sure they're. in the end president obama never made it to wisconsin. what's the thinking on how big a deal that is? >> well, we heard from governor walker on that subject. and he said he believes that's because the white house is a little timid, thinking if they weighed in on this and lost it would reflect poorly on them in november. now the president did weigh n the form of a twitter message in support of mayor barrett. overall it said that mayor barrett would make a good governor. i asked mayor barrett if he was disappointed that the president never showed up here. he said he was in the disappointed he was please with the support he got from former president clinton and the grass roots effort, shep. >> shepard: mike tobin in milwaukee tonight. as reported, we have a number of exit polls. give us an idea of some things. better picture how people are voting. random locations across the state of wisconsin. the pollsters don't tell journalists where the data originates. that said, james rosen live in d.c. with the results as we have them. hey, james. >> shep, good evening, as you noted a little under two hours to go before the polls close in wisconsin. we don't want to influence the outcome of the balloting that is, after all, still underway. however, we can tell you that the fox news exit polls show voters in wisconsin harboring strong views about the candidates, about collective bargaining and the other issues at stake in this election. from those who identify themselves as supporters of the tea party, the group that comprises 37% of the electorate in wisconsin. governor walker was crushing his opponent with support. democratic mayor tom barrett of milwaukee 91% to 9% in favor of governor walker. men who helped vault the governor to rick i have over mayor barrett 57% to 42% last time around they are with the governor again. 57% to 42%. that's one of the features in the polling data. many categories including union voting behavior is how unchanged the levels of support are now, what about mayor barrett's strengths? of those calling themselves moderates and bear in mind these folks make up nearly half of the electorate in wisconsin. 47%. they went for mayor barrett big way 57%, to 42%. slightly improved showing for the mayor over his performance back in 2010. finally, let's look at young voters. among those voters between the adgesz of 18 and 29. a group that comprises 13% of the electorate in badger state they went solidly for mayor barrett 55% to 44%. interestingly if you break down that age just a bit further. walker did better with those aged 18 to 24 than he did with those age 24 to 29. he loses 8 polls when you go it those final four years before the age of 30. we caution you once again the polls are still open in wisconsin. will be for another 90 plus minutes or so. this election bears watching throughout the night. shep? >> shepard: and we'll. certainly more exit polls as they come in. james, thanks. watching for elections as well. including a couple causing a split between president obama and former president clinton. because of redistricting house democrats are competing for the same seat. take new jersey, for instance, president obama is supporting the congressman there steve rothman. returning the favor from 2008. he supported president obama then. and former president bill clinton is backing bill pascrell who endorsed hillary clinton in 2008. behrman former president clinton going with brad sherman. right now voters in california with deciding whether to hike the price of a pack of cigarettes by one dollar. that's on top of the 87 cents they already pay there champion cyclist and cancer survivor lance armstrong is the driving force at least publicly behind this initiative. he and other supporters say the extra dollar would raise more than $700 million a year for the state. arched three quarters of that would go to cancer research. critics, including tobacco companies say the new tax would hurt the state's economy. even if the measure does pass, california would have only the 16th highest tobacco tax in the nation. california's battle over gay marriage is now heading to the nation's top court. you'll see what that could mean. not only for california but really for the entire nation. plus, new reports of evidence in the abuse trial of the former penn state assistant coach jerry sandusky. including love letters. that he has said to have written to at least one of his victims. it's an abc news exclusive and we'll pass it along to you from the journalists of fox news on this tuesday fox report. this country was built by working people. the economy needs manufacturing. machines, tools, people making stuff. companies have to invest in making things. infrastructure, construction, production. we need it now more than ever. chevron's putting more than $8 billion dollars back in the u.s. economy this year. in pipes, cement, steel, jobs, energy. we need to get the wheels turning. i'm proud of that. making real things... for real. ...that make a real difference. ♪ but when i was diagnosed with prostate cancer... i needed a coach. our doctor was great, but with so many tough decisions i felt lost. unitedhealthcare offered us a specially trained rn who helped us weigh and understand all our options. for me cancer was as scary as a fastball is to some of these kids. but my coach had hit that pih before. we're 78,000 people looking out for 70 million americans. that's health in numbers. unitedhealthcare. not in this economy. we also have zero free time, and my dad moving in. so we went to fidelity. we looked at our family's goals and some ways to help us get there. they helped me fix my economy, the one in my house. now they're managing my investments for me. and with fidelity, getting back on track was easier than i thought. call or come in today to take control of your personal economy. get one-on-one help from america's retirement leader. >> shepard: the former penn state university assistant football coach accused of sexually abusing 10 boys reportedly wrote creepy love letters to at least one of his alleged victims. that's according to the reporting tonight of abc. "world news tonight" we learned jury selection began today in the trial of jerry sandusky. according to the abc news report from brian avala a new 28-year-old man known as victim number 4 will testify that jerry sandusky wrote him i want mat letters and gave him gifts. one letter is reportedly about a love story between a man and a boy. as you will recall coach sandusky is accused of molesting the boys over 15 year period. he has pleaded not guilty to 52 counts of abuse. ended the career of joe paterno. school officials fired him for a failure of leadership and he has sense -- since died. the showdown over same sex marriage headed to the supreme court. ninth circuit of appeals refused to consider the ban on gay marriage. t already ruled the law as unconstitutional. supporters of the ban will appeal to the nation's highest court. the california case is the first of at least six federal challenges on same sex marriage. and it's the first that is on track to go to the supreme court. despite the appeals court ruling, california's ban will stay in place while the legal battle plays out. as of right now eight states and the district of colombia have passeegex marriage. 39 states have laws or amendments that outlaw marriages between anything other than a man and a woman. now if the supreme court agrees to take a case, it could decide this controversial issue once and for all. for details let's turn to greg jarrett. where does this stand right now, greg? >> it's interesting, shep. because there is no guarantee, actually, the supreme court will even take the case. but it does present a serious constitutional conflict over equal protection and discrimination so when you think of it a chances of a high court ruling are pretty high. today three judgment on the court of appeals scathing dissent accusing the judges overruling the will of 7 million who rejected same sex marriage. the judges also seemed to blame president obama for ginning up the debate. the president ignited media firestorm to by announcing he supports same sex marriage as a policy matter. that prompted two judges in the majority to issue their own legal smack down quote we are puzzled by dissenting colleague's unusual reliance on the president's views on the constitution especially as the president did not discuss the narrow issue that we decided in our opinion. shep, if the supremes do not take the case in the next 90 days, same sex marriage will be legal in california and all the other states covered within the ninth circuit. i was just looking at the list. there are 8 states. shep? >> shepard: what if the supreme court does take the case, greg? >> well, it's likely that it will settle the issue once and for all, shep it could be a very close vote. >> it depends on how they rule. if they affirm the ninth circuit. same sex marriage is lawful in every state in the united states of america. if they reverse we are back to each individual state making a decision. >> judge napolitano seems to think the supreme court will rule in the end in favor of same sex marriage albeit narrowly. just have to wait and see, shep? >> shepard: greg jarrett in new york. thanks. just released 911 call is providing details of a death threat against george zimmerman's attorney. you remember he is the neighborhood watchman in central florida who admits that he did shoot and kill the unarmed teenager trayvon martin. is he charged with murder in the second degree. his attorney has reported receiving death threats in the past. one of them last month had the lawyer calling the cops. >> this was a more threatening phone call i just want to have it documented. i don't know if they can do any forensics on where the phone call came from through my office. but it is disconcerting. >> okay. what was said in the phone call? >> [bleep] you. you are going to die and things like that. >> okay. right now, george zimmerman is in jail. a judge last week revoked his bond when prosecutors said he mislead the court about having no money. his attorney today delayed the request for a new bond hearing and the attorney says zimmerman will stay in jail until that hearing, which may not happen for several weeks. the happiest place on earth is about to get healthier. or more healthful. that from the folks at disney today. they announced a ban on advertisements for junk food. this ban applies to all of the company's tv channels and radio stations and web sites. all of them aimed at kids. among other things it, means no more sugary cereal ads saturday morning car tunes on disney owned abc. under these guidelines the company cannot advertise a meal with more than 600 calories. there is also a 200-calorie limit for side items. the new rules will not take effect until the year 2015 because of existing ad agreements. the company is also moving to offer healthier foods or more healthful food at theme parks. secret united states plane is about to come back to earth. what has it been doing or not for the last year or so? plus a look at giant experimental drone flying for the very first time. did you see venus crossing the sun today? we will show that you event that will not happen again for more than a century. tiny little venus. coming up. mine was earned off vietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. every communications provider is different but centurylink is committed to being a different kind of communications company. ♪ we link people and fortune 500 companies nationwide and around the world. and we will continue to free you to do more and focus on what matters. and then treats day after day... well, shoot, that's like checking on your burgers after they're burnt! 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[ male announcer ] one pill a day. 24 hours. zero heartburn. >> we have killed another terrorist and the white house is calling it a serious blow to al qaeda. a u.s. official tells fox news the u.s. droned the terror network's number two leaders yesterday in pakistan. we reported on this last night but couldn't confirm his death until today. the white house says he was an al qaeda general manager. he became the second in command, we're told, when ayman al zawahiri took over the top spot after the death of usama bin laden. >> al libby's death is a major blow to core al qaeda removing the number two leader for the second time in less than a year and further damaging the group's morale and collusion and bringing it closer to ultimate demise than ever before. >> shepard: the white house says there is no clear successor to become number two. new kind of spy drone capable of lingering above a target for days on end. it's called the phantom eye. boeing tested a prototype a few days ago in california. there were a few minor problems they tell us, the landing gear broke. we're told once all of that is fully operational, the phantom will cruise at an altitude of 65,000 feet and because it uses hydrogen power will be able to fly without refueling for four days. that's three times longer than the current batch of reconnaissance drones. trace gallagher is following this from our west coast news hub this afternoon. you this new drone pretty impressive, trace. >> certainly big enough, shep. this thing has a wing span of 150 feet bigger than a 757. and it's kind of slow. top speed of 150 miles per hour. but the fact that t can linger at 65,000 feet makes it, one, very difficult to see and, two, very effective. and, unlike most drones that have to be kind of controlled remotely by pilots on the ground, the phantom eye is controlled almost exclusively by an on board computer but still it remains flexible. listen. >> these things are easily preprogrammable to go after other targets, other missions. and so you have the benefit of no man in the loop. you don't have to worry about someone having to eat, sleep, or do other things. and you are not risking a man. you are not jeopardizing someone's life by getting critical intelligence. >> by the way, boeing is building this thing on its own looking for a buyer. so far no government contract but if it works, they will likely get plenty. shep? >> shepard: then there is another secretive u.s. space craft that is supposed to land sometime soon, right? >> yes. supposed to land sometime in the next couple of weeks. this thing was only supposed to be orbiting the earth for 278 days. now it's been up there for some 458. it's called the x 37 b space craft it looks a lot like the space shuttle. it's about 29 feet. it's solar powered. the air force will only say it's been orbiting the earth. kind of testing new technologies to see how long it could last up there. experts say it's more likely been doing things like disabling enemy satellites. or possibly spying in countries like iraq, iran, north korea, and afghanistan. this thing lands this month, they're going to get it ready and re-launch it again in october for another several go arounds. shep? >> shepard: all right, trace. thank you. if you can safely catch a glimpse of the sun before it sets tonight, you are in the right part of the country. you might notice a small black dot over the surface. it's actually a planet. a very small venus though it's regular sized venus looks small against the sun. it's traveling in between the sun and the earth. there is a look at the sun. you can see the dot there on the right-hand side of the screen. we have circled with the white thing. nasa is using a filter on its camera which explains the odd colors. the sun has not changed colors. of course you should use a filter if you plan it to look at the sun. the plan mets move around the sun at different speeds and venus will sometimes get in the way but not very often. the earth and venus won't have another encounter like this for another century. can't see in the east coast. it's best in phoenix and over in california. out there it should be a great view but don't look directly. that might hurt. a newly uncovered report from the night of president abraham's lincoln's assassination. it shows the first doctor on the scene ordered that somebody bring the president brandy and water. lincoln was paralyzed with a gunshot wound to the head. john wilkes shot him in 18656789 medicine then is not what it is today. researches found the report in a box at the national archive. nobody opened that box they tell us in 147 years. that doctor also reported he saw booth leap to the theater stage holding a dagger and thought at first the assassin had stabbed lincoln. there is word turnout for today's wisconsin recall election could hit presidential levels or higher. and lots of outside groups have spent a ton of money trying to win over all those voters. coming up, what it all means or might mean for november. and, better make sure your pets buckle up. next time you hit the road or it could cost you big time. that's right. seat belts for kitty cat and pooch. what will they think of next? thank you, government. we're approaching the bottom of the hour and the top of the news from your good friends at fox. until i got a job in the big apple. adjusting to city life was hard for me. and becoming a fulltime indoor cat wasn't easy for atti. but we had each other and he had purina cat chow indoor. he absolutely loved it. and i knew he was getting everything he needed to stay healthy indoors. and after a couple of weeks, i knew we were finally home! 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[ male announc ] you plant. you mow. you grow. you dream. meet the new definition of durability: the john deere select series. with endless possibilities, what will you create? ♪ learn more about the new select series x310 with power steering at johndeere.com/x310. >> thanks, new jersey. you and your dog need to buckle up or face fines as high as $1,000 if you live in new jersey. state officials there say they are working with an anticruelty group to enforce existing law protecting pets in cars. they say drivers should properly restrain dogs, cats, and any other animal using seat belts like these. plus, you can't let your animal ride in the bed of a pickup truck or hang its head out the window. the fines are to range from $250 to $1,000 for each offense. of course, people caught without their seat belts in new jersey face a maximum fine of $46 on the first offense. jersey with all the priorities straight. a hiker is recovering in the hospital after plunging nearly 100 feet off a cliff. that tops our news across america. california, 25-year-old woman hiking with her boyfriend in the forest north of l.a. when she slipped off the trail. she reportedly slid most of the way down before free falling nearly 25 feet. crews say she landed right between two boulders are moderate injuries. a rescue helicopter pulled her out of the canyon. florida a man who had a massive heart attack reunited with the strangers who saved his life. the 52-year-old's life suddenly stopped nearly two weeks ago as he rode on the stationary bike at the gym. three emergency workers were pulling up at the time. one grabbed a cpr and another defibrillator. medics arrived. he had open heart surgery to clear five blocked arteries. washington a bald eagle a passer by found on a road near spokane at a local veterinary hospital. vets say it may have gotten sick after ingesting toxins. they plan more extensive testing. west virginia. more than 180 zip liners attempting to smash a world record at a resort near charleston. the goal? get as many folks as possible across the zip line in less than an hour. resort officials sending the video to the guinness folks that's a fox watch across america. i'm shepard smith. and this is "the fox report." it's the bottom of the hour, time for the top of the news. they say all politics is local and lots of national groups are betting huge money on the wisconsin recall. outsiders are pouring millions and millions of dollars into the battle between governor scott walker and milwaukee mayor tom barrett. 90 minutes until the polls close now. will this contest really make a difference in the rest of the country. rich edson from fox business is live with us now in washington. outcome could say a lot about the power of all this money that has ruined our political system. >> tens of millions of dollars of it, shep. much of it reportedly from national groups like labor unions and conservative organizations. and white house press secretary jay carney says that money has meant a major advantage for republicans. >> i would simply say, not speaking for him because i haven't had this conversation with him, but noting what others have noted in your profession and elsewhere, that a race where one side is outspending the other by a ratio of at least 8 to 1 probably won't tell us much about a future race. >> in response, the republic national committee says republic volunteers have made 4 million voter contacts since january. and the overwhelming feedback is that barrett and the democrats are losing because they don't have a winning message which they say is the economy. shep? >> shepard: rich, the analysts are saying that this election has energized some on the union side who really, in collective, normally support democrats. >> right. they are major opponents of governor scott walker as he has pushed through significant curves to government employee unions. bill clinton says a win for walker here would encourage republicans to try to break every union in america. other democrats say they see this election as just another local race. shep? >> shepard: rich edson thanks. neither presidential candidate ever set foot in wisconsin. the campaign for their party's candidate or his party's candidate. carl cameron is in washington. in the end what does all this mean, carl, everybody is that rush to figure it out. we still have another hour plus until the polls close. partisans on both sides are drawing all sorts of conclusions but they overlook a few problems with what's happening in wisconsin. for starters it's not going to be a landslide. it isn't like it's going to be a mandate election. been close for weeks and like that now. millions in outside special interest money helped partisan s and polarize. usually decided by moderate and independent swing voters in the middle, shep. tonight may give us some indication as to how they react to all of this partisan polarization. >> we'll see. as mentioned, the president nor his opponent got into the middle of this at all. >> no which they didn't need to. walker long list of celebrities g.o.p. visiting the badger state for him. mayor said it would have been a distraction he had come. mr. obama tweeted his support last night for whatever that may or may not be worth. romney was courting latino voters in texas and slammed the president yet again for what he says is hostility towards free enterprise and noting that there was an 11% unemployment number for latinos in last week's fairly dismal job numbers. 3 points higher than the national average. the obama campaign fired back today on the latino score that mr. romney would repeal all types of obama policies that actually benefit minorities, shep? >> shepard: carl cammeron on capitol hill. thanks. we will be watching for more exit polls before they come in before the polls close at 9:00 eastern. will years have passed since the former president ronald reagan died with a long battle with alzheimer's. today his first widow nancy reagan lady flowers at his grave side in southern california. we learned that nancy reagan was still recovering after she had broken some ribs at a fall at her home. gaffes and crying in court as the spray tan murder trial. next the decision that took the jury just one day to °(d ú horses.úhtw7ñ disputend the scenes week's belmont stakes. it is threatening a champion's try at a coveted triple crown. will the belmont even happen? iue because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. have an over the top experience. being hands ons key! i make sure every plate looks just right. 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[ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪ forty-five states have joined together... helping you do what you do... even better. ...to ensure consistent academic standards across america. these internationally recognized benchmarks... ...are unlocking a better way to prepare our children for college and their careers. because when our kids do better... ...america does better. let's reach higher. let's invest in our teachers and inspire our students. let's solve this. >> not guilty is the verdict in the so-called spray tan murder trial. the jury took just a few hours to acquit a man who was accused of choking to death his own wife. florida on this fifth day of june, 2012. find as follows: the defendant is not guilty so say we all foreperson bernard w.h. -- >> you heard the gaffes up in there as the defendant's family reacted to the verdict. coming five years after the wife's death. it happened near miami in 2007. the case made national headlines with a sensational defense. the husband's lawyers at first claimed an allergic reaction to spray tan killed his wife. but once the trial got going they told the jury a whole different story that she died of undiagnosed heart condition. seems to have worked. attorneys explained her bruised by bruised body by say she go had fallen on ting this screen wrack that's where the husband said he found her. he broke down to court as the jury heard his call to 911. >> shepard: prosecutors say that desperate call was all an act. but they didn't win a conviction. phil keating with the news live from miami's metro justice building. has the defendant said anything about this verdict yet? >> yeah, adam coffman in one word said he is ecstatic and can i tell you the very large and supportive extended family of adam kaufman are out celebrating tonight. you saw the reaction there in the courtroom. as the not guilty of second degree murder verdict was read of course adam coffman faced the possibility of life in prison in the death of his wife lena who died under very unusual circumstances in 2007. out in the hallway tonight instead adam coffman says the verdict tonight is for lena. >> there is not a day that goes by that i don't think about her. and she is here. she is -- she was watching over this. and she can finally rest in peace. now. she can finally rest in peace. >> adam kaufman raising himself familial support two children he had with lena 9-year-old girl and 6-year-old boy. it's straight home to give those kids a real big hug, shep? >> shepard: quite frankly the good money was on this case going the other way. i'm curious to hear from the jury. any indication what the deciding factor was for them in this verdict. >> unfortunately the jurors in single file walked past all of us in the hallway not saying a word. one of the defense attorneys for adam kaufman speculated that he thought there was so much reasonable doubt combined with the fact that the defense team was able to put on real possible medical explanations as to how lena kaufman died that it was not necessarily strangulation but it could have been this undiagnosed medical condition. and in the end, adam kaufman told me today he had a good strong feeling and while this jury agreed, he did not commit this crime. >> phil keating in miami. phil, thanks. kevin costner's fame is the only reason actor stephan baldwin is suing him or that's the claim from costner's lawyer as the trial opened today in new orleans. costner has a company that developed a device to separate oil from water. alec baldwin invested in the company which struck a multi-million-dollar deal with bp after its disaster in new mexico two years ago. baldwin claims costner duped him ahead of that big payday. we expect both actors will take the stand. the long-time los angeles dodgers manager tony low sort that has suffered a heart attack. it happened while the 84-year-old hall of famer was in new york yesterday for the major league draft. they say he got the stint to clear his blocked artery and is doing quite well. after surgery, tommy low soared da apparently joked that doctors confirmed he does in deed bleed dodger blue. the race ask going to run. they have threatened to walk of 00 job on friday in a labor dispute. of course, friday is the day before the belmont stakes. the final leg of the horse racing's triple crown. the "new york post" which our parent company owns say there is a back-up plan if workers do walk. today a mediator met with both sides. no word from that i'll have another both won the kentucky derby and the preakness. a win at belmont would give horse racing its first triple counsel winner since 1978. thousands of homes are without power as heavy storms caused severe flooding and that tops our news around the world in 80 "around the world in 80 seconds." australia. gale force winds and torrential rains tore through the southeast knocking down trees and power lines. dozens evacuated their homes for sherltsdz. emergency volunteer workers say they received hundreds of calls for help. philippines. 11 sailors rescued from their sinking ship now back on dry land. their yacht capsized in rough waters on sunday while they were racing from hong kong to taiwan. the filipino coast guard returned them to manila this morning. the sailors from china and britain receiving medical exams before going to their respective embassies. ukraine. thousands of activists in the capital city of kiev protesting a bill to make russian the unofficial second language. crew ukraine's history creates many cultural divisions. opposition say bill put the country back into russian influence. pro-government supporters hope to maintain their ties to moscow. united kingdom. the 39th annual wool sack racing world championships in southwest england. competitors ran up a hill hauling very bags of wool over their shoulders. 60 pounds for the men. 20 pounds for the women. this year's winner finished in 48 seconds. that's a wrap on this fox trip around the world in 80 "around 0 seconds." >> well the 30 year long u.k. massive royal jubilee celebration of the queen's 60 year reign is over. tablely. it included the largest flotilla seen on the river tims in 300 years. and honors from around the world. it all ended today with a grand procession and a final wave from buckingham palace that drove the crowd wild it would seem. [cheers] the queen also delivered a rare public address. listen. >> it has touched me deeply to see so many thousands of families, neighbors, and friends celebrating together. i hope that memories of all this year's happy events will brighten our lives for many years to come. >> shepard: where is jonathan hunt when we need him? we don't know how much the celebration cost the struggling british economy, but the department for culture and ministry and sport hasn't released any official figures. it reportedly estimates the work holiday alone could set back the british economy nearly $2 billion. a big vote in d.c. today on a bill aimed at equal pay in the workforce. why one side accuses the other of pandering to voters ahead of this year's presidential election. plus sometimes how you finish a race matters more than where you finish. tonight, the heart warming story of how a high schoolers helped out one of her rivals just ahead as fox reports live tonight. that's a few names longer. you see us bank on busier highways. on once empty fields. everyday you see all the ways all of us at us bank are helping grow our economy. lending more so companies and communities can expand, grow stronger and get back to work. everyday you see all of us serving you, around the country, around the corner. us bank. >> u.s. senate rejected a measure to justify pay differences between men and women who do the same job. democrats introduced the bill but republicans voted no across the board. they called it a move to score political points and said it would place unnecessary burdens on businesses. many on the left say it's another example of republicans taking the wrong side of issues important to women. mike emanuel on capitol hill. everybody knew this bill was going to fail right from the beginning, mike. >> that's right. shep. because it was pretty clear that republicans would not go along with the legislation. they argue it favors trial lawyers over small business owners at a time that we need those entrepreneurs to higher folks. here is the senate republic leader opposing the bill. >> we don't think america suffers from a lack of litigation. we have a jobness problem, a debt problem, a deficit problem. we have got a lot of problems. not enough lawsuits is not one of them. >> the bill needed 60 votes in the united states senate in favor. it only got 52. and, therefore, failed, shep? >> both sides posture. both sides push the other into votes. and this is presidential election wrapped up in a bow. >> no question. it's all about the women's vote and democrats have continue add story line that republicans are anti-women. can you expect political ads to run against the 47 senators who voted no on this measure the female senator leading the charge called on women to continue the fight. >> >> this is a fight for fairness. this is a fight for equity. i ask them to put their lipstick on. square their shoulders, suit up for this is a new american revolution. >> president obama called today's vote incredibly disappointing at what he calls a make or break moment for the middle class. shep? >> mike emanuel on capitol hill. a republic congressman claims he has evidence that justice department officials knew more than they have admitted about operation fast and furious. but a house democrat says that's not the whole story. fast and furious was supposed to track guns from the united states to drug cartels in mexico. but investigators say the feds didn't track hundreds of those weapons. and at least two of them turned up at the scene of the murder of the u.s. border patrol guard brian terry. today, the california republic darrell issa said wiretap applications reveal that justice department officials knew about the program even though they publicly denied that they knew about it. democratic -- but maryland democrat elijah cummings says congressman size is a is mischaracterizing the documents and leaving out very important information. he says hes is not releasing that information because the investigation is continuing. a high school runner from ohio finished dead last in one of her races at a state track meet. but only because she helped an athlete from a rival school cross the finish line. look at this. [ applause ] >> the girl on the ride side she had 100 meters to go when she saw her rival ahead of her in bad shape. almost collapsing on the track. so she caught up. put her arm around the competitor and together they slowly walked to the finish line. the girl on the right said that if you make it to the state meet, you deserve to finish. no matter who you are. >> well, the polls will close not too long from now in wisconsin where the governor is facing a rare recall election just a third in our nation's history. and the exit poll numbers are coming. in they show voters are split over his decision to cut collective bargaining rights. the very issue that triggered this recall in the first place. continuing coverage from america's election headquarters just ahead. but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you. don't want you spilng that hot latte on my driver's seat. this is my car. who are you? i'm the second owner. the what? i will own this car after you. look, i'm not telling you how to drive our car. our car? nor where to park her. maybe under a tree with less sap. if you're gonna have a latte in the car, keep a lid on it. it's a cappuccino. still needs a lid. 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[ crunch! ] >> shepard: tonight our exit polls shows voters are split along party lines. stunning, isn't it? as you can see here it's a very tight race republicans going for governor walker, predictably, democrats are going for mayor barrett. independents are split almost evenly and turnout is said to be extremely high. mike tobin is in milwaukee tonight. mike, activists spent millions and millions getting people to participate in this thing. >> it's been pretty interesting, shepard. the people here in wisconsin made up their minds by and large a year and a half ago. no one can be persuaded a lot of the money that was spent was spent on the ground game. the get out the vote effort. these efforts to drive people to the polls, going door to door, knocking on the doors. the robo calls, the celebrities who came here to attempt to electrify the base are key because in this race more than others, the side that gets their people to show up and cast a ballot is the side that wins, shep. >> shepard: which side has done that? how is the turnout looking? >> it's really hard to say. we have gotten reports of overwhelming turnout in the liberal strong hold of madison. at the same time, we have got a lot of reports of strong numbers in the conservative hub of waukesha. if you look at the way things turned out the last time governor walker and mayor barrett went head to head had, the finish was pretty close. it's going to be pretty speculative to try to reach any conclusions just based on the bodies coming and going from the polling locations, shep. >> shepard: there are some signs to watch right, mike? that will give us a good indication? >> what i'm going to be watching for is the senate race in race seen in the southern part of the state. racine should be the closest of all the senate recalls. if republicans prevail in racine, that's a strong indicator that the republics got their ground game together and got more of their people to show up. that should bode well for governor walker. the opposite is true. if the opposite happens that should bode well for mayor barrett in this case, shep. >> shepard: mike tobin on scene as he will be throughout the night. mike, thanks. on this day in 1998, thousands of auto workers in flited michigan went on strike. the union argued that g.m. was sending jobs to nonunion plants. the workers walked. operations stalled across the nation. and the company lost more than $2 billion before both sides reached a deal weeks later. at one time the city of flint had 80,000 auto-related jobs. now there are 7,000. though last month g.m. reported it added a graveyard shift at a flint plant to meet growing demand for heavy duty trucks. union workers pumped the brakes on the auto industry 14 years ago today. and now you know the news for this tuesday june the 5th, 20