day finally works out. "varney & company" is about to begin. when we made our commitment to the gulf, bp had two big goals: help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitori center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. try align. it's the number one ge recommended probiotic that helps maintain digestive balance. ♪ stay in the groove with align. ♪ >> the obamacare website disaster continues. the administration is still not taking any responsibility for the chaos that prevents millions from getting the insurance they must have. white house press secretary jay carney walking out of a press briefing yesterday after being asked about the website. watch this. >> officials want anyone without insurance going through the website trying to help this situation? >> couldn't we have a rep come to the press briefing? >> kathleen sebelius, she says the president didn't know of the problems until the website went live. >> and did say that he was angry about this and do you know when he first knew that there was a problem? >> well, i think it became clear fairly early on, the first couple of days. >> but not before that though? not before october 1st? >> he didn't know, he didn't ask, she didn't tell? that's interesting. and now, a new hampshire democrat could have a solution. senator jeanne shaheen is calling for an extension of the open enrollment period. at this point is looks like that would happen, it would be a retreat, the first retreat for the obamacare rollout. all right. in 30 seconds, here are the other headlines you have to use. remember the extra 13 check payments given to detroit's pension recipients. new york city, phoenix, san jose, tampa, paying out millions in extra payments to retirees, basically looting the pension funds. it's not just feds going after j.p. morgan, investors suing the mortgage-backed securities, they want 5.7 billion dollars. finally, sears, look at the pictures, falling into disrepair, empty shelves, stained carpets. we have the analyst who took the pictures coming up at 10:00. sears in trouble? he says they're not going to be with us ten years from now. i've got a simulation for you of something for adventurous travelers and thrill seekers, the latest in space tourism. pay $75,000 and take a ride to the edge of space. world view enterprises plans to offer a balloon ride to the stratosphere and two and a half hour trip. first voyage, $75,000. [ woman ] if you have the audacity to believe your financial advisor should focus on your long-term goals, not their short-term agenda. [ male announcer ] join the nearly 7 million investors who think like you do. face time and think time make a difference. at edward jones, it's how we make sense of investing. @?? it's been that wayk time ysince e day you met.. but your erectile dysfunction - itld be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you cabe more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immedte medical hel for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. ido more with less with buss energy.hp is help. soon, the world's most intelligent servers, designed by hp, will give ups over twice the performance, using forty percent less energy. multiply that across over a thousand locations, and they'll provide the same benefit to the environment as over 60,000 trees. that's a trend we can all get behind. more than a new interior lighting system. ♪ it is more than a hot stone massage. and more than your favorite scent infused into the cabin. it is a completely new era of innovation. and the highest expression of mercedes-benz. introducing the 2014 s-class. the best or nothing. introducing the 2014 s-class. sometimes they just drop in. always obvious. cme group can help you navigate risks and capture opportunities. we enable you to reach global markets and drive forward with broader possibilities. cme group: how the world advances. ♪ didn't we almost have it all ♪ when love was all we had . stuart: didn't we almost have it all. we talked about netflix almost hitting $400 and now $300. the question of the week, is tech still a buy? we're on that all week long. come in larry levin from chicago. hey, larry, oil, $96 a barrel and i'm still paying at the pump. you speculators, are you looking at a price decline? >> people take the spreads between the two contracts. you've got to blame it on the oil companies and the gas station companies out there. the issue is when oil raises right away they're in a hurry to raise at the pump to buy your gas and when it comes down, they're not in a hurry, playing the spreads, just like the guys behind me. stuart: are you going to forecast a continuing decline for oil? it has taken a tumble. >> the $100 level is key, a short player coming into the futures market in oil and i think below $100 is something, might see $90 soon. stuart: whoa, that's a forecast. thank you, larry indeed. the opening bell has rung and we're off and running for this wednesday morning. not much of a loss so far. we're looking at about a 40 or 50 point loss when things get working completely. we're down 5 1/2 at this moment and there are two stocks and they're pulling the dow in different directions and got to point them out. caterpillar, big miss. we used this as an academic indicator, it cut its profit forecast because of weakness in the mining sector. and that is costing the dow roughly 22 points, a 5% loss. totally different at boeing. profit jumping in the third quarter and it raised its forecast, the stock is up nearly 3% and that adds roughly 30 points to the dow. okay. netflix, got to talk about it. the high yesterday was $389, then it drops off a cliff. nicole, give me the price now and tell me about carl icahn selling. nicole: here it is yesterday, 389 and change, today, 320 bucks. a drop of nearly 1%. the story with carl icahn, the billionaire investor, he is cashing out. he sold yesterday-- he sold over 2.4 million shares, obviously, now made a killing on this one. in the meantime, he talks about that the one behind this decision, he says it balances out at least in part his worst investment ever, which is the same sort of one, blockbuster back in 2004. so i guess he tried to give it another go in the movie world and this was a lot more successful for carl icahn, big returns on netflix. stuart: his son went with new tech and went big. the dad went with old tech and lost big. i think that's pretty good. >> i don't know if that's good or terrible, but that's just so telling, yes. stuart: it is, isn't it? thank you. shah galani is here and before we playoff onto the whole tech arena, you've been on this program talking about about netflix. you didn't like it approaching 400. do you like on the way down at 319? >> not yet. i see it went as high as it did. they had long-term problems and about $7 million in pre-cash flow. about 5.4 billion dollars in constant liabilities. they've got 500 million dollars and long-term debt and they've got new subscribers, but it's not enough. >> why don't they do a secondary, this is key, do another stock offering. even the company has said in a newsletter to investments, momentum fuels euphoria. stuart: if they did that the stock would come straight down. >> they could raise money and why not do a secondary right now. >> liz has a great point there. if they do a secondary, how will the stock react to that? what is supporting the stock? there may not be anything coming out in significant new shares. can't they raise money in the debt market? probably, probably a little less, at a less effective rate than if the stock price remained high. >> i hear your point about dilution. there's so much momentum. >> how they do it is going to be important. what about technology in general? surely, that's still the leader of the united states of america, if you're going to put your money anywhere, you've got to put it in technology. >> absolutely. you have to be selective. and stocks like apple, stocks like netflix have great ones and you have to be cautious. carl icahn taking off his position off is typical of what investors should be doing. with a run like that. >> the trade backwards and towards all day long. talk to me about the young guy, the young person getting into the market who wants to buy something for the very long-term. what would be wrong with yet flicks? what would be wrong with what's his name, twitter? >> there's the rub with technology, there are always new technologies coming along, and you have to be cautious, good reason to take the profits. because the new technology is going to come off and knock down what you've got. >> you speculators, you are ruining america. >> we're investors, stuart, our horizons are shorter sometimes. >> let's move on to the subject of women. the labor participation rate. listen to this, the labor participation rate among women hits a 24-year low. now, that came as a surprise to me, especially when i realize that a majority of, a clear majority of women voted for president obama? >> that's right, stuart, this is based on bls data hitting lows we haven't seen since february of 1989. the number, this is basically month to month. we have seen women dropping out of the work force, 154,000 based on bls data from august to september. women voted for the president according to exit polls. 55% of women voted for the president, 44% for mitt romney. stuart: do you have any explanation why the women are out of the work force as to men. >> there is a jobs recession if you want to put it that way. and not a problem with women in the labor force, but among african-americans and young people. i tell you something. stuart: the key groups. >> it is the key groups. >> what's more telling, i understand fairly well how the numbers are convened. how come we're losing so many participants in the labor force and yet, the numbers go up in one direction in terms of yes, there are more peopl employed, not as many as we need and in the meantime, there are fewer people on the unemployment rolls. stuart: the disability, they're dropping out. walking away. >> and that's problematic in terms of the economy. what does it say? >> you don't have people earning enough money to get the momentum in the economy going. there's not enough growth. >> the job growth is not there. stuart: hold on a second, the white house is, kind of, i think setting us up for disappointment for the next quarter because it's going to be weak and the white house is going to say, those wicked republicans, the government shutdown, ted cruz. look at that, that's what he's doing. it's going to be all of his fault, isn't it? >> he's become a scapegoat and i think he stated his points eloquently and i don't think he's a scapegoat. >> no, no, here is the deal. >> he's not reason. >> listen though, the economy has been slowing since 2010, barclays has taken a look at the data, the average monthly growth in job is 150, 155,000, 2011, 2012 and now it's trending down. we're seeing a slowdown in the job growth picture. it's. >> aing, 143,000. stuart: nothing to do with the shutdown. >> it's been in place before the shutdown. >> and we need 250,000 jobs created per month for four years to get where we were pre-crisis. stuart: 250,000 a month for four straight years. good luck with that. i want to focus on caterpillar, we use that as a kind of economic indicator. the stock is down this morning, weak profits, the poor outlook, i believe. yeah, look at that, down 5% on caterpillar. does that tell a story of future economic weakness? >> i think it does. on the old days when i was on the floor, we used to say as gm goes, so goes the economy. and caterpillar is the new benchmark, in terms of a bellwether, it's potential slowdown. stuart: would you buy it at 84? >> no, i think it's going lower. stuart: how about boeing? that's up today on strong profits and a good outlook. would you buy that? >> i'd like to buy it lower. again, close to a 52-week high and the stocks had tremendous momentum and i think at some.it's going to be a profit. stuart: 128 a share, and i remember when it had the dreamliner problems, it was down to 70. and now close to 130. >> it was over 105 and started to drop with the dreamliner problems and i thought it would drop, dip a little more and probably should have bought in because straight up. stuart: you made a mistake? >> i do that. stuart: you admit to it? liz: he's an honest man. stuart: what are you doing in the financial business? [laughter] shah galani. check the big board as expected. as the futures forecasted, we've got a 48 point drop, but it's holding about 15-4. obamacare is indeed a train wreck. is the only solution temporary, to delay open enrollment or extend open enrollment? we're going to sort this mess out on capitol hill next. ♪ i want to know, have you ever seen the rain♪ ♪ clients are always learning more to make their money do more. (ann) to help me plan my next move, i take scottrade's free, in-branch seminars... plus, their live webinars. i use daily market commentary to improve my strategy. and my local scottrade office guides my learning every step of the way. because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) ranked highest in investor satisfaction with self-directed services by j.d. power and associates. ♪ [ male announcer ] 1.21 gigawatts. today, that's easy. ge is revolutioning power. supercharging turbines with advanced hardware and innovative software. using data predictively to help power entire cities. so the turbines of today... will power us all... into the future. ♪ maestro of project management. baron of the build-out. you need a permit... to be this awesome. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. (aaron) purrrft. (vo) meee-ow, business pro. meee-ow. go national. go like a pro. it's not the "juggle a bunch of rotating categories" card. it's not the "sign up for rewards each quarter" card. it's the no-games, no-messing-'round, no-earning-limit-having, do-i-look-like-i'm-joking, turbo-boosting, heavyweight-champion- of-the-world cash back card. this is the quicksilver cash back card from capital one. unlimited 1.5% cash back on every purchase, everywhere, every damn day. now, tell me, what's in your wallet? >> this is not a selloff after the recent big rally. we're down 42 points. holding above 15-4. the price of gold we're down $10, and the tech selloff is here, i've got some examples for you. we've got facebook down about 2% roughly. amazon is down this morning, linkedin is down and microsoft is down. by the way, netflix was down and it's turned around and it's now a couple of bucks. and actually netflix is turned around and it's up $11 as of right now. we have those obamacare exchange websites. i'm going to call them a total failure. and now they're from both sides of the aisle to just extend the open enrollment period. and congressman leonard lance joins us for more. and i'm hearing it from both sides, from a senate democrat. look, we've got to extend the open enrollment and give it breathing room here. that sounds to me like an idea that would be a retreat, the first. what do you say? >> gene shaheen, the united states senator on the democratic side from new hampshire has suggested this and we have suggested, as republicans in the house, to postpone the individual mandate for a year, and the president of the united states refused to negotiate on that. and now, democrats are mentioning this as well as republicans, and the rollout of the website has been an absolute, unmitigated disaster. stuart: but this would be the easiest thing for the administration to do. it would not be a one-year delay, it would not be the abandonment of the individual mandate, it would be just extend the rollout and enrollment period. that would be the easiest thing for them to do. i think it's likely, what about you? >> perhaps. but i think that the individual mandate may ultimately have to be postponed for a year. and we're going to demand answers tomorrow in the energy and commerce committee, stuart, when we bring before us those who have been contracted to perform these services and what we're going to ask is were there practice sessions regarding there, into um -- number one, and number two, did they indicate to the administration, particularly to health and human services that there would be major problems. the secretary of health and human services, kathleen sebelius said yesterday that the president of the united states did not know about this before the rollout on october 1st. i think that's shocking. stuart: now, either he didn't ask or she didn't tell him, but are you buying that story? are you buying it that the president didn't know anything about the glitches, the problems or the difficulties in the testing and the rest of us before the launch october 1st? do you buy that? >> we will certainly ask secretary sebelius about that when she finally comes before the committee next week. we would have preferred that she would come tomorrow. she's not coming tomorrow, but coming next week and of course, you are absolutely accurate. we're going to be asking her was this an example of plausible deniability? who knows? we want to get to the bottom of this. stuart: i understand that cgi, the main contractor, the software contractor on this thing, the main contractor, i'm told they were fired in ontario for incompetence and in canada, that particular escapade is known as the billion dollars boon dogle, who hired cgi in the first place? >> this is the administration and that group will be before us tomorrow and we'll ask questions and this has cost at least $400 million and perhaps a lot more than that and it's going to be very expensive for the taxpayers of this country, and on the issue of which president obama has prodded his health care legislation, you would think that the administration would have tried and retried repeatedly before the rollout to make sure that it operated well. it's also been bad for the hispanic community. that community has had a terrible experience as well regarding the website. stuart: okay, well, you're on the committee. you're holding hearings tomorrow and we'll be watching carefully what goes on. congressman, thanks very much indeed. >> thank you very much, stuart. stuart: by the way, we were looking at the major health insurers, their stock prices down today. trouble with the obamacare exchanges and they're not getting the customers fed to them. we call it the new normal. that would be the obama economy. well, get ready, the excuse factory is cranking up. we're going to take my take on that in just a moment. ♪ peace of mind is important when you're running a successful business. so we provide it services you can rely on. with centurylink as your trusted it partner, you'll experience reliable uptime for the network and services you depend on. multi-layered security solutions keep your information safe, and secure. and responsive dedicated support meets your needs, and eases your mind. centurylink. your link to what's next. you know, pictures tell the story with sears. a retail analyst look these pictures at a couple of sears stores? would you want to shop there? he doesn't. we'll talk to him about sears in our next hour and then we've got a divorce attorney, he's going to join us to explain why obamacare will lead to more divorces. that's an intriguing angle, isn't it? headline in the new york times, dysfunction in congress. taking a toll on a soft economy. here we go. a factory is cranking up, the economy is weakening. it's the republicans fault, blame ted cruz. here is my take, what nonsense this is. the economy is slowing as we head to the holidays, yes, it is. but it has very little to do with the shutdown or the debt deadline. what's going on here is the continuing failure of the president's own policies, they're not working so he's searching for someone to blame. the tea party makes a handy target. we're told that the shutdown will take 24 billion dollars out of the economy, really? and in the economics business, that's known as a wag w-a-g. a guess. and the furloughed workers will get back pay and some will double dip with unemployment checks on top of that. and oh, the effects of the dreadful shutdown, that could be an of political w-a-g. the economy was slowing down way before the shutdown, for four straight years we're told that a real recoverys around the corner, boys, something upsets the apple cart. japan's tsunami, the europe downgrade, that's the republicans fault. and the shutdown. there's something, can we get something straight? the president's policy of all government all the time, big spending, high taxes, punitive regulation, massive debt. that's what's failed to produce a growing and prosperous america, that's what's failed. you're not going to hear that, oh, no, the media will parrot the president. it would be fine if it weren't for that shutdown. obamacare would be fine it it weren't for the republican obstructionists. it's the blame game, played to perfection by this administration and the thing is, i don't think they can get away with it with obamacare. but, unfortunately, we will all pay the price for that. stuart: prince george to be christened today momentarily but there is other news. obamacare swamped in scandal and chaos. the first signs of retreat. obamacare leads to more divorces. we have a divorce lawyer pleading that case. sears, the retailer, best stores in disarray putting it mildly. we have the pictures and the analysis. men by, women shop. true or a dumb generalization? dr. couch beckons. youngsters, the aztec dominate your life? should we keep putting our money into it? seven people on the list, not sure whether we should include that but it will be a big second hour. ♪ stuart: it is a sell-off, we are down 84 points, the dow 15-3, caterpillar down big, responsible for how many points? have? about 35 points the dow's loss accounted for by caterpillar been down 5.9%. that is a big loss. don't forget billing whioeing w going straight up today. netflix 389 yesterday, we dropped to 315 and bounced back up to 330. despite all this bouncing around, despite the tech sell-off today, do you think technology, charles payne is still the place to put your money? charles: absolutely. if you heard about this you expect this sort of volatility. stuart: industrial america is last generation. charles: they make money but don't grow. so they print cash but wall street rewards growth more than anything else. stuart: technology dominates the stock market because technology dominates the lives of young people. that is my opinion. there you have it. samantha murphy kelly is here for more on this. i am saying technology flat out dominates the lives of young people. that is where they put their money and we put our money into technology because it is the growth area of the future. >> technology like humans and is always evolve thing so to go to the store and buy something and year later apple or samsung will come out with the new bigger better thing so i think people are investing but always pushing the envelope, the technology company so you are always going to have something new and sparkly and shiny so there's always money to be made. stuart: in the last 24 hours did you turn on a tv set and watch a news program? >> interesting that you say that. i get most of my news on line and i get a lot of my entertainment from sources like netflix. stuart: when you didn't click on fox news or somebody else on the television? >> no. we have an on all the time in the newsroom and i am always watching videos but didn't actually go to my tv. stuart: when was the last time you read a newspaper like this one? >> it has been a while. i get my news on line but it is faster, it is the media and even with twitter -- stuart: it is so abbreviated. you can't get into the issues. that is one of the issues with this, youngsters have shorter attention spans and don't have whatever it takes to dig deep into the store. you get them with headlines. >> some people paula infosnacking where you have ten minutes in between meetings or on your way to school and want to go on line and nibbled little bit and see what is going on rather than sit down and read a whole -- stuart: i went to university and addressed the 4 department attended a head count, raise your hands, less than a quarter had watched a tv news show in the last 24 hours, when a less than a quarter but well over three quarters were familiar with netflix, use netflix and got their entertainment from netflix. that is why we put our money into it. that is where is. >> people go where their favorite content is but it is also about accessibility and being able to get it on demand whenever you want. now you can, if you have certain packaging, you can catch up on your shows on a train or wherever you are. stuart: l t e packaging. >> for example the new ipads that just came out, you can buy a less-expensive by pad that just as wi-fi or you can have a data packaging that is faster and you can get that any time you one. stuart: what was the better packaging give me? >> constant connection to the internet so if you are not near a wi-fi connection you can use what your device has. charles: next generation of speed. i didn't read all the specs but dino is the newest thing. stuart: it happens so quickly. technology right there in your face, you youngsters use it, dominates your life. >> it is so exciting at the same time. you are always on your phone but it is always being connected. stuart: several different lives, you are in it and you love it. stuart: what about human being to end in -- human being in direction, at a party a bunch of young 20-year-olds and all the guys and girls were against the wall, some were talking to each other in the same rome. stuart: we are astonished and taken aback that i would address them. we are not used to that. they will be very comfortable, i thing. samantha murphy kelly, thank you very much, appreciate it. an arab bread, big loser. nicole: and need to digest the fact that newspapers that i love are being phased out, television news the love being phased out. let's move on, down 6%, 152, we seeing it hitting a new low of 15190 because they saw sales dropping, the amount of tropical land in arab bread stores dropping but the amount of people who did go spend a little more so that is good news that the ceo use this. they're experiencing operational friction. you know operational friction? working on their operational capabilities and competitive position. that is what they are working on. stuart: i have to figure that part of the slowdown in the overall economy, a little less disposable income, less going out, that kind of restaurant chain. i don't know. not a good sign. thank you very much. the real movement today if you're looking at markets i think the real movement is in oil. $96 a barrel. it is down $2 as we speak. come on in from chicago. that is quite a big drop for the price of oil over the past week but i am not seeing a drop in the price of gasoline. not by any means. am i going to? are you traders in chicago riggings the markets? >> come on. no. enough of that. i don't know where you are filling up but gas prices are down. right now the average price of a gallon of gasoline in this country is $0.30 less than what we were paying a year ago. gas prices of come down and the consensus is we will see them go down another $0.15 by christmas and already 24 u.s. states are seeing prices below $3 a gallon. if you think you will see $2 anytime soon you will not because we are nearly $100 a barrel but prices have indeed come down and are expected to go down even more. stuart: i live in the great state of new jersey where you may not come to your own gas but by the side of route 4 yesterday, didn't see the prices morning, we were down $3.03. we have a two handle pretty soon in the great gardens state of new jersey. >> i kept pointing out gas prices have been above $3 of the national average for 1,000 straight days. that never happened before. it would be monumental to see 315 by christmas because then we start to talk about going below $3. that could be huge news for the consumer. stuart: see you later. here is where we are with the obamacare nightmare as of right now. ceos of the big health insurance companies are going to the white house, crisis talks. house democrats will be briefed by officials but republicans have not been invited to the meeting. democrats only. the washington post reports non-profit health insurers, some are already going under because of the obamacare exchange this. not funnelling customers to these nonprofits. both sides are calling for an extension of the open enrollment period. here's what leonard lance told us in the next hour. >> democrats are mentioning this as well as republicans and the rollout of the web site has been an absolute unmitigated disaster. stuart: senator jean jean, democrat, new hampshire, suggested extending this enrollment period. that would seem to me to be the least that they could do to ameliorate the exchange mess. charles: or to save face. charles: the irony of this whole thing with the shutdown. i am a big tea party fan kind of guy but i think they miscalculated on this whole thing and it is crazy because this is imploding on itself. the president has no other option. tell me the irs is already telling people forget about getting an early check next year. they are already saying that and a maximum he in thing we talk about. how will they come to that assumption already but can't figure out this exchange in will be a disaster. i don't get involved in this and when they hit me with that i'm going to go to court and that went to the site 17 times. i tried to pay. i couldn't pay and shouldn't have to pay the fine. stuart: your going to court? charles: if i'm one of these kids to have to pay insurance of the level the fine if i tried my best and couldn't get on the site was in a fine. stuart: a litigious charles payne scares me. this idea of extending the enrollment period, save face, retreat but a minimal retreat, i noticed it was a woman who led the way to the compromise. that anything to say about that? >> i like the idea. as much as i want to say we are women here, this isn't so much a compromise as it is a necessity. people could not sign up. they are going to have to extend. i will stand by the recent studies and say women are better at multitasking, decisionmaking. >> and we will get to women shop, men by later, not now. i think the most likely course of action by the administration to save face is to extend the enrollment period. i am waiting for that announcement. i think it might happen. warning big winner? >> strong collaboration with samsung electronics, going to take control of the joint venture, it is all about lcd glass, when you watch tv the glass on top of the television is what we are talking about and in this deal they will receive $1.5 million investment with this as we are seeing shares jumping 14%, according at 1748 and hit a new 52 week high. and industrial company doing well. charles: the company reinvented itself a few times. stuart: it makes the glass for high-tech phones but that the accused of. charles: they were smart enough to say samsung does this again. stuart: we have a federal judge allowing a challenge to the obamacare penalties to go forward. is the signature a lot about 2 implode legally? the judge is next. [ woman ] if you have the audacity to believe your financial advisor should focus on your long-term goals, not their short-term agenda. [ woman ] if you have the nerve to believe that cookie cutters should be for cookies, not your investment strategy. if you believe in the sheer brilliance of a simple explanation. [ male announcer ] join the nearly 7 million investors who think like you do: face time and think time make a difference. join us. [ male announcer ] at edward jones, it's how we make sense of investing. [ male announcer ] at edward jones, help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. ido more with less with buss energy.hp is help. soon, the world's most intelligent servers, designed by hp, will give ups over twice the performance, using forty percent less energy. multiply that across over a thousand locations, and they'll provide the same benefit to the environment as over 60,000 trees. that's a trend we can all get behind. and this pk is the inside of your body. see, the special psyllium fiber in metamucil actually gels. and that gelling hes to lower some cholesterol. metacil. 3 amazing benefits in 1 super fiber. metacil. sometimes they just drop in. always obvious. cme group can help you navigate risks and capture opportunities. we enable you to reach global markets and drive forward with broader possibilities. cme group: how the world advances. stuart: we often say football is king so why not use football to promote obamacare? visible champs, ravens getting paid $130,000 to promote the affordable care act. the white house tried to get the nfl and nba as a whole to promote obamacare, they declined but they say we will take 130 grand. charles is going to make us money. you can make money with federal mobile. i wonder what they did. charles: the judge is ready to leap upon it. and i was thinking about the white house myself but here is the thing. july 22nd i still like it, we were chasing it, more numbers came out, you're up 12%, the rest of the world up 7%, margins continue to expand, cash flow phenomenal, powertrain up big, i like the story in europe for this company a lot. it still has room closing above 1775 and my next target will be 22. stuart: you think they are on the rebound. not greece, italy, spain surely. charles: spain is okay. we are talking free-fall to just flat but the rest is looking interesting and the u.k.. we will throw that in. stuart: prince george proceeds apace. don't say anything. a federal judge allowing a case that challenges the constitutionality of obamacare's tax credits. will go forward. i want to know what this is all about because this is a challenge to the legality of parts of obamacare. the judge is here. explain what is going on. judge napolitano: this is a sleeper case our cousins that foxnews.com have uncovered and exposed and is interesting. to state its in the simplest way obamacare provides a credit if you are below the poverty line so if you are a single person below four times the property line, earning less than $45,000 a year you get a credit. the credit goes to the insurance company to help you pay for the insurance you presumably can't afford. but that credit than is then added to your income tax so you have to pay income tax on that credit, adjusted gross income. if you make $40,000 a year and you get a 5,000 credit and pay income tax on $50,000 a year at $50,000 a year you are no longer entitled to the poor version of obamacare. you have to buy the rich version of obamacare. that is not in the statutes. that is an irs revenue ruling and this litigation says exactly what you said. that is ridiculous. the irs is making law contrary to what the congress intended. is making it more costly, taxing people for something congress never intended to tax them for, pushing them into a different bracket, compelling them to buy more expensive policies and they would otherwise be required to apply. that is the case a federal judge denied the government's motion to throw out and said you are going to explain how the irs can do this. stuart: what is the end result? it is pursued in court, goes forward, suppose a judge says you can't do that, then what? judge napolitano: it would depend what remedy he seeks because this is not a jury trial and seek damages, this seeks to compel the irs to not to award credit in such a way that puts people in different brackets and requires them to buy more insurance. stuart: sounds like a technicality. judge napolitano: it would affect millions. stuart: would not be the destruction of obamacare or the subsidy system or the tax credit system. it wouldn't do that. judge napolitano: no. it would allow for people to buy the bear bones version rather than forcing them to buy the richer version because remember, if they are employed their employer has to provide them with the richer version so this will increase the expenses of employers the way the irs has interpreted this rule. stuart: it was a rotten piece of legislation. judge napolitano: as bad as it is the irs has made it worse by writing revenue rulings that contradict the plain meaning of an otherwise complicated statutes and these plaintiffs who are small-business owners and individuals are saying you are forcing me to buy a product i don't want, you claim your helping me with a tax credit but you are taxing me on the tax credit and forcing me to pay taxes on in, never received. stuart: we have been saying on this program this morning the most likely thing to happen in the immediate future is an extension of the enrollment period. given time to get some glitches fixed in the enrollment process, extend the time frame. what do you say? is that likely? smallest retreat they could possibly make. judge napolitano: i think the president would benefit by extending the enrollment period. i think they are accumulated by the low number of people who have enrolled and they want more people to enroll, if the republicans want to see this thing sink of its own rate they will not extend the enrollment, they will force the president to do one on the dump, he loves to change laws on his own. he thinks he can rewrite statutes congress has written. stuart: i can see it. stuart: aren't you happy you were not preempted and bumped because we were going to take the christening of young prince george? is that a live shot? it is a live shot. that is not where the christening is taking place i don't think. we digress. enough time on that. andy making your glory on this stuff. we don't want you to imitate queen elizabeth. judge napolitano: i shan't today. stuart: that is not an english word. i shall not. judge napolitano: i shall not imitate the queen. stuart: serious stuff. look at these photos. sears in disrepair, empty shelves, stays on the carpet, this organization, the full story up next. @?? [ male announcer ] how do you get your boce? i'm, like, totally not down with change. but i had to change to bounce dryer bars. one bar freshens more loads than these two bottles. i am so gonna tell everyone. [ male announcer ] how do you get your bounce? [ woman ] time for change! stuart: a sell-off but not huge, down 70, 15396. i got to bring to your attention a stock that has been all over the place and features heavily on "varney and company". netflix is at 323. at one point yesterday it was 389 and at one point yesterday it was i think 302, 303. not exactly in the middle but 323. this is called volatility. we pay a lot of attention to it. we have a case of see years, the retailer, the stock up 35% this year but you would never know it. look at these pictures. the enterprising photographer who took the pictures. another look at them in a second they painted dismal picture. a -- >> do we have to look at them again? the thing is with years, i'm tired of them getting by twitter girl telling me on social media their stores look ok. what they have are bombed out shelters. stuart: i don't see inventory. >> no inventory and this is a function of 0.9% revenue last year sprucing up their stores last year. and this company has not invested in stores to remain relevant relative to wal-mart and target. stuart: charles is pointing this out. in april of 2007 right before the crash they were real-estate planned stock was $191. today it came down. is up 35% this calendar year and you are painting a very bleak picture of see years. >> first on "varney and company," they will continue to sell stores offer the next year-and-a-half. in 2015 they will run into financial trouble, close more stores, they are not generating cash from their stores. in 2005, billion dollars in cash, that is because their stores are dismal. stuart: does years survive as a brick and mortar retailers? >> ten years from now on i will buy an apartment from farmers years. stuart: are there values of real-estate today? >> if they would if they are generating cash from their stores the fact that they are selling their stores to raise cash they are undermining their strategy day in and day out. charles: one of these hedge fund universe guys takes it over and has a string of ceos but he is the guy running and these hedge fund guys who think they can take over any business or industry and run it better than anybody else, eventually they make a big mistake, and j.c. penney delays example. >> they don't appreciate retail is detail and every day you present something exciting to your consumer in an environment they want to shop something or buy in at a fair price. ac penny doesn't do it. stuart: it is price competitive. the stores you showed don't look good. they would not entice me in but if they were offering bargain-basement prices and all their offerings you might get "varney and company". a serious question. are they bargain-basement discount prices? >> they might be. nobody goes in there. they are price competitive on certain basics that have too much basics. nobody goes in there. they would rather go to macy's and pay a little more for a better experience. why get depressed from going to see years even if you had a discount? stuart: when you don't own sears stock? >> don't want to give it to my kids. stuart: are you shorting it? >> would be in consideration going forward. we don't own it and not even think about it. stuart: you really stuck it to see years and they know it. >> outrage, a lot of comments on our web site among consumers, demand and deserve more for their dollars. stuart: we appreciate it. the question we posed the yesterday on "varney and company". why do men buy and women shop? is that an accurate statement? and why is it accurate? dr. although is on the couch next. [ horn honks ] [ male announcer ] once in a while, everything falls into perfect harmony. [ engine revs ] and you find yourself in exactly the right place at the right time. just be sure you're in the right car when it happens. the 2014 c-class sports sedan. power, performance and style in total alignment. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. in the winning new ad for obamacare making waves this morning. the ad shows frat boys doing a cake stand says, quote, costanza are crazy, not having health insurance even crazier. turned tap your beer money to pay medical bills. this was put out by the colorado consumer health initiative and a book called progress now colorado education the media young children to sign up for health insurance would some call it offensive. others are wondering why the ad is targeting college age kids when under obamacare they could stay on their parents' insurance to the age of 26. even price line is moving lower still above $1,000 per share down $13, up 1.3%. let's get to something that fired us all look yesterday and again today. the stereotype, a jolt. women shop, men go to a store if they know what they're buying and a buy and what out, women like to browse around. women shop, men bosh. is that true? is that an accurate statement? is that accurate first of all? >> i don't think the second half of it is. women by too. the hunting season if you will need be extended for women, they appear to be having fun. there are huge consumers, launched straight at women. stuart: is it not true to say it is a generalization, men by, women take their time and they spend hours and hours choosing among merrill turn it gives. that is true, isn't it? >> that part is true but if you look at an eagle circling in the sky, he is out for a fun jog. once it has the mouse in its beak and devouring, the eagle was hunting, these are hunters these women, taking their purchases very seriously. what they bring home they really want to alone whereas men, men by three pairs of black loafers, they're ok, take three. women are just as serious. charles: sounds like men would be the go-go birds. >> exactly. i have a friend who launched the women's clothing brands, why don't we do a men's clothing brand. why don't we see a store opening and there's a line outside waiting to get in for men's close. stuart: take this as a generalized truth, men bought directly, they go, they get it, they bought. women take their time circling as you suggest like an eagle. why is that? why is that? >> i may not make friends but it goes to our dna, certainly to cultural norms. women take what they wear, the things that allow them to present themselves very seriously, they went somewhere deep inside many women want their homes to look just the way they want. men on the other hand if you think of them historically in terms of gender roles as the hunters, they are out to go get the game. they don't care what the rabbit looks like. that is the difference. with gender stereotypes being blown up, we might see a lot of guys wandering around the fashion department just looking at stuff and deciding is this the right color of purple? i don't know if i advise it but it happens. i want to know about you. stuart: do you identify something you want to buy, go straight to the store, located, by it? walkout like most other men? >> i am laser beam focused but if there is something that i one time a use the tools of technology to target it overtime and selected over time and get it. delivered to me. stuart: very good point because the reverse is true when you are talking about online shopping. men spent just as much time in front of a computer screen deciding on the alternatives as women do in the brick and mortar stores. this gender stereotyping is reversed on line. what do you say? >> i think that is possible. there are business lessons to be learned. maybe men are the best audience to think of offering professional shoppers for. they want to look at things and say let's go whereas women have the time to be their own professional shoppers. i am sure there are marketing strategies that are gender based. i also believe you are going to see these gender roles start to mingle and marriage because we are starting to mess with gender identity in every possible way. stuart: did a lady by that time for you, dr.? >> believe it or not i saw this, do you only have one in that color or are there more? i have to have that and it is an impulse buy and you have misgivings about it but i still like it. stuart: how much do you pay for it? >> i am not going to tell you. i feel that you must be attracted to it for some reason but you can have. stuart: one of the finest segments of "varney and company" in the history of the program. >> if you where did you notice your ratings go even higher. stuart: it is a promise if you give it to me. look at those three guys. excellent ties one and all. back soon. another unintended consequence of obamacare. divorce. we will explain it all after this. stuart: economic reports not the only thing is delayed by the government shutdown. might also make tax refunds late buyer couple of weeks. the irs won't begin processing until january or february. that could get pushed back should budget negotiations fall again at the end of the year but those refunds are probably late. more on the ira's according to an internal audit the agency paid $13 billion in bogus claims for the year in income-tax credit. last year alone $13 billion, $132 billion over the past decade of improper payments. fedex expecting record shipments on december 2nd, that is a big day, cybermonday looking at twenty two million packages that they alone, and 11% increase over the busiest days of the year. we will be back. divorce. my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as uneected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and meditions. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarg or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. ask your doctor about e only underarm low t treatment, axiron. became big business overnight? ♪ like, really big... then expanded? ♪ or their new product tanked? ♪ or not? what if they embrace new technology instead? ♪ imagine a company's future with the future of trading. company profile. a research tool on thinkorswim. from td ameritrade. stuart: welfare recipients trying to sell food stamps for cash, the cuban is a digital card, not supposed to be transferred but policy lists them among other items not allowed on the side. that hasn't stopped people posting the ads sometimes offering the cards for any discounted price. to nicole petallides. the for profit education company apollo group is a big, 24%. nicole: that is so big, moving the stock to a new high, 2605, a gain of 25% today. when they talked about enrollment the truth is enrollment is not good but not as bad as some of the analysts thought. numbers that came in were better than analysts' expectations and as a result of stocks jumping. stuart: 24%, that is huge. update one particular company charles recommended some time ago, sunoco crown entertainment. give me the update. before we took profits on it, we took profits, we sold it, took profits, a big gain for "varney and company" viewers at las vegas, you don't need both of them. it is a gaming play. look at that chart. got it downgraded today on value. i would take profits on this one. stuart: and you did. i want to mention creek because it is down big today. charles: on september 11, '59, october 2nd, took profits. all viewers are out of bed and took profits getting hammered again today and extraordinarily volatile at this point. obviously no sense of urgency today. almost all these stocks taking big hits, they are high beta names not to be too complicated the trade, one beta where the market trades at. these are stocks, $1.75 billion, yelp has 3.5 day. these are high beta stocks, extraordinarily volatile, profits in them, 30%, take it. stuart: a possible unintended consequence of obamacare. will the health-care law lead to more divorces. divorce attorney cindy says yes and sheet is with us to explain. just explain it for me. why would obamacare create more divorce situations? >> it is a question of two issues. first of all, affordability and the ban on the denial of coverage for preexisting conditions. stuart: i want you to deal with them one at a time. you mentioned portability. as i understand it under obamacare you can take your health care insurance with you when you move or change your situation and that you say creates more divorces. explained that one first. >> what i have seen in my practice in my divorce practice people come to me and say i would like to get a divorce, the marriage is over but my wife has diabetes, my wife has breast cancer or my husband or something to that effect or had the opposite situation where someone comes in and they are the ones with the preexisting condition and they can't divorce because their spouse is the one who is carrying that coverage. they asked me what can i do as a divorce lawyer i am limited solutions but ultimately i can't say yes, you can get a divorce and take your coverage with you know matter what until this comes along. stuart: this law changes that, you configure insurance with you, get out of the marriage, take the insurance with you, therefore more divorces. are you seeing that? in your practice, are you actually seeing this happen? >> it is very difficult to tell because statistics are funny. we have seen an adjustment in the statistics in the last few years. contrary to popular belief divorce has declined over the last 10 or 15 years slightly. we think we may be seeing an uptick now and difficult to say what the cause of that will be. the real increase may come in 2014 and i don't expected to be addressed but certainly there are people out there who because they can get coverage without being denied coverage of their preexisting conditions go forward. stuart: are you going to go out and advertise obamacare makes it easy, come on in and get a divorce. would you do that? >> no i am not. stuart: we appreciate you being with us. an interesting concept by wants to stick with. appreciate it. the obama administration should take a lesson from apple. we will explain that after this. [ bagpipes and drums playing over ] [ music transitions to rock ] make it happen with the all-new fidelity active trader pro. it's one more innovative reason serious investors are choosing fidelity. get 200 free trades when you open an account. lou: lou dobbs tonight the obamacare rollout complete train wreck. the house energy and commerce committee wants the answers. psychologist kim murphy on the digital president's digital disaster tonight at 7:00 eastern, join us. stuart: president obama comparing the glitches in chapel's iphone software to the obamacare web site. >> consider just a couple weeks ago apple rolled out a new mobile operating system and within days they found a glitch. they fixed it. i don't remember anybody suggesting apple should stop selling iphones or ipads or threatening to shut down the company if they didn't. stuart: let's pursue the connection. the federal government rolls out the new web site obamacare exchange, total failure, turn to apple, they just rolled out a brand new operating system yesterday for 40 ended the updates went totally seamlessly. why can't the government do what private enterprise does? stuart: charles: the operative thing, he'd be like his own statement, they fixed it. that was a pretty quick fix, that is what private business does. government in general is just becomes a problem because it feeds on itself and the larger it gets more powerful and get them the more powerful get the larger it gets that this particular administration just is up behemoth. all government all the time and when you have the hundred thousand non-essential workers that would never happen in private enterprise. stuart: back to the story we brought you yesterday about the football coach accused of bullying because his team won 91-0. now he is speaking out. listen to this. >> i would never ask our kids not to play hard. i would never let them score. that is not what you want to teach kids. there was nothing unfair about it other than the fact that our players were better than their players. stuart: he even put in the b and c squads and wouldn't try real hard. charles: i thought the energy and was fantastic. the other team's coach called the men said yes, you have it could have scored a lot more. they ran 30 odd plays, they scored on a third of the manhattan couple interceptions returned. people in line and to run the ball, the of the team was completely, something no one felt good about in the locker room but by the same token for him to be cited for bullying is completely misses the point and i thought he gave a fantastic interview and you feel for him. he has the no. one team in the state and the airplane to win, not human the one. he did his best not to. stuart: bullying is a gross misuse of the statute. charles: to the point where doesn't have an impact when it really should. stuart: your take on a bullish again, obamacare and the economy next. it's a growing trend in business: do more with less with ss energy.hp is help. soon, the world's most intelligent servers, designed by hp, will give ups over twice the performance, using forty percent less energy. multiply that across over a thousand locations, and they'll provide the same benefit to the environment as over 60,000 trees. that's a trend we can all get behind. help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. try align. it's the number one ge recommended probiotic that helps maintain digestive balance. ♪ stay in the groove with align. the two last hour i gave you my take on the blame game. i say the republicans will get the blame. the president will say it is the republicans slowing things down. here is what you said. ron says at what point is enough enough? one of our viewers tweeted, it will all come crumbling down all around them. i just sit back and watch. dagen, it is yours. dagen: stuart, thank you so much. after a disastrous rollout of the health care exchanges, insurance executives heading to the white house. the financial pain that these companies will feel if these problems cannot be fixed. time for energy, people. energy stocks that is. the cost of sony playstation four is in the hundreds of box here in the u.s. in one country, it is in the thousands. yes, you can blame taxes. the world series gets underway tonight. all that and so much more this hour on markets now. ♪

Related Keywords

New York , United States , Canada , Japan , New Hampshire , Washington , District Of Columbia , Hampshire , Illinois , Rome , Lazio , Italy , New Jersey , Colorado , Capitol Hill , Cuba , Spain , Greece , Chicago , Americans , America , Cuban , Samantha Murphy Kelly , Lou Dobbs , Larry Levin , Kathleen Sebelius , Jay Carney , Charles Payne , Jeanne Shaheen , Jean , Las Vegas , Sunoco Crown , Leonard Lance , Kim Murphy , Ted Cruz , Queen Elizabeth , Edward Jones ,