"You would think that with hardship in Iraq and high oil prices the liberal philosophy would be gaining ground against the conservative Bush administration, but that is not happening. Judge Alito will most likely be confirmed, and despite controversies like the NSA wiretapping, polls show Americans trust President Bush on the terror issue over any Democrat. Here's what I think is going on. The left is far too theoretical when it comes to fighting terror. The ACLU and others oppose every terror-fighting mechanism that has been put forth. Every one! That's insane. The left is selective in its outrage. A little white girl is raped in Vermont, her rapist gets a 60-day prison sentence, and the liberal community says little or nothing about it. Had that little girl been black or Hispanic or Native American, the left would have besieged the state of Vermont. The left is perceived as being out-of-control mean. Finally, crazy ideologues like Harry Belafonte and Cindy Sheehan are not criticized by the left wing. So there you have it - at another time in US history the right would be in big trouble. But today most Americans still do not trust the left."

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Guests: Attorney Francis O'Reilly & Joseph Sabatella, Brewster Superintendent of Schools

Eight illegal immigrants were arrested for trespassing at a school in Brewster, New York, where they were playing soccer. The episode has created controversy in Brewster, home to many illegals. School superintendent Joseph Sabatella explained why parents and other residents are concerned. "In October an individual was found intoxicated and unconscious outside one of our local schools. Another publicly urinated in front of a school. These eight individuals were on school property while children were there." Attorney Francis O'Reilly, who represents one of the Guatemalans, characterized this as a gross injustice. "I guess playing soccer is such a serious crime in Brewster that we not only have to have criminal charges, but we have to deport them. These men are no more dangerous than any of the housewives who walk around the track getting exercise at the high school." The Factor questioned that logic. "I don't know how you can say that when a 42-year old woman was murdered by an illegal Guatemalan. Surely you don't want eight Guatemalan illegals standing there in a school yard. They probably are good people, but you don't know."

Guest: Jim Gilchrist, Minuteman Project

The organizers of a Patriots Day Parade in Laguna Beach, California have banned the Minutemen, the civilian organization that has helped patrol the southern border with Mexico, but are allowing a peace group that is firmly opposed to the war in Iraq. The parade's director would not appear on The Factor, but Jim Gilchrist of the Minuteman Project put forth his view of the controversy. "We have been victimized by something known in the legal world as 'viewpoint discrimination,' a suppression of your First Amendment rights." The Factor agreed that the Minutemen have a legitimate complaint. "If they let in a peace organization in, they have to let you in. They don't like what you stand for and they don't want to alienate people who don't like the Minutemen. But they don't seem to mind alienating people who think we need an aggressive war on terror."

Guest: Sen. Trent Lott

In a vote along party lines, the Senate Judiciary Committee endorsed Supreme Court nominee Samuel Alito 10 - 8. The nomination now moves to the full Senate, where Judge Alito will likely be confirmed. Republican Senator Trent Lott added that most Americans favor Judge Alito's confirmation. "The people are pretty smart, and they saw in Judge Alito a man who came across as humble, thoughtful, honest, and forthcoming. The Democrats seemed to be mean-spirited and they got off on side issues." The Factor pointed out that most Republicans voted to confirm Ruth Bader Ginsberg, despite knowing she was extremely liberal. "I'm fascinated by the fact that Judge Ginsberg was overwhelmingly confirmed, but Democrats aren't going to vote for anyone they consider conservative."

Guest: Author Georgia Payne

Professional dominatrix Barbara Asher has been charged with manslaughter after one of her clients suffered a heart attack during a bondage session in her "dungeon." Author and dominatrix Georgia Payne claimed most practitioners are very conscious of their clients' health. "Before we meet with a client we ask them about health issues. And you never leave the room, which Miss Asher did. People should understand that role playing is the primary factor in this, not pain." The Factor argued that bondage seems to be a dangerous activity. "When you're in a situation where you're tying people up, you're taking a big risk. You're inflicting harm on someone else. I don't know whether this should be legal or not."

Guests: Paul Begala & James Carville

Democratic consultants Paul Begala and James Carville have written about their party and how it can regain power. Both men joined The Factor to elaborate on their prescription. Carville said his party should confront the idea that they are soft on national security. "Democrats should correctly point out that they were the first people to advocate the Department of Homeland Security. And most Americans believe that America fights terror better when it cooperates with other countries." Begala urged his fellow Democrats to make illegal immigration an issue. "The president has made America weaker, not stronger. He does not secure our borders, he has not secured our nuclear power plants or chemical plants." On another subject, Begala claimed Democrats are just as tough on child predators as Republicans. "Jessica's Law has been introduced as federal legislation by Democratic Senator Bill Nelson. And his one co-sponsor is Hillary Clinton. The people working the hardest on this are Democrats." The Factor advised Democrats to stop looking in the rear view mirror. "You're not going to get your person elected in 2008 by bashing Bush. You have got to put forward to the American people what you are going to do."

Many of you wrote about the Maryland judge who ruled that same-sex marriage should be legalized in the state. Some excerpts:

Brian Schwab, Philadelphia, PA: "Mr. O'Reilly, your argument that marriage is a privilege is horrifying. Under that logic, legislatures do have the right to deny certain people marriage."

Merrell Noden, Princeton, NJ: "Bill, I can't understand why you are so opposed to gay marriage. Who does it hurt?"

Jan Rush, Ft. Lauderdale, FL: "Bill, your guest supporting gay marriage said polygamy should not be legal because marriage has traditionally been between two people. Did you notice that?"