i'm jon haber of alto music. i've been around music my entire life. this is the first alto music i opened when i was 24. my business is all about getting music into people's hands. letting someone discover how great music is, is just an awesome thing. and the plum card from american express open helps me do that. i use it for as much inventory as i possibly can. from picks...to maracas... to drums... to dj equipment... you name it, i can buy it. and the savings that we get from the early pay discount on those purchases has given us money to reinvest back into our business and help quadruple the size of our floor space. and the more we expand, the more space we have for instruments and musicians to come play them. rock n roll will never die. how can the plum card's trade terms get your business booming? booming is putting more music in more people's hands.

good morning, i'm dr. sanjay gupta. welcome to the plan. a judge ruled part of president obama's health care law unconstitutional. what does it mean for you? could this unlikely candidate become the healthiest man alive? that's his goal. we'll let you in on his secret. as a dad of three, i was happy about this one. it's taken 30 years, but school lunches are about to get more healthy for kids. i'll tell you how. let's get started. a big blow to president obama's health care reform plan, the affordable care act. a florida judge heard arguments filed on behalf of 20 states. previously, two rulings found

the law was constitutional. a virginia law struck down a provision for one of the reasons florida is challenging it. require a person who doesn't have health insurance to buy it. more specifically, it ruled against the requirement they must purchase it or face up to $750 penalty or 2% of their income, whichever is greater. it includes two big gis. anyone under the age of 26 will be able to be on their parents insurance and no discrimination with pre-existing conditions. how will it play out and how will it affect you. joining me is nancy-ann deparle. thanks for joining us. >> thank you. good to be here. >> a lot of people are talking about the recent case in virginia, talking about the mandate.

the question a lot of people are talking about, if this plays out and the mandate is not part of the plan, can it actually be, can it continue? >> we are proceeding with it. in the end, the courts will uphold the validity of the law. in fact, there's one federal judge who ruled this week, but a few weeks ago one of his colleagues ruled it was constitutional. it's working through the courts. >> no one knows how it will play out. give me an idea of how important a part of the whole act the individual mandate is. the way it's been described, think about the fact more people buy into insurance programs, it may help offset the costs for what the affordable care act provides. does it threaten the rest of the act? >> well, you know, if everybody has an individual responsibility to have insurance if they can

afford it, as i said, if they can't, the government will help them afford it through tax credits. everyone wants affordable insurance, but to get it to work for the whole country, you have to have a big enough pull of people. getting the younger healthier people into the pool as well as the people who are sick and need insurance. it has to be broad. >> the mandate has to be part of it. >> it's an important part of ensuring we can pan the insurance. if you have a pre-existing condition you can't get insurance. that's something you saw as a surgeon, i'm sure. patients coming in that need surgery. they can't get insurance because of a pre-existing condition. >> right. >> this requirement that everyone that can afford it gets insurance. >> you are confident this is going to move forward. why are you so confident thus far? what is your sense of how the

american people feel about this? >> well, you know, there's been, we just come through a period where there's been a lot of money spent and ads run they shouldn't be for this. with that, public opinion remained the same. it gets better the more people learn about the benefits. so, there was a lot of activity last summer. they were trying to scare seniors saying it hurt seniors. >> we have been researching it extensively. the question was asked what should congress do specifically with health reform. 24% said leave it as is. 24% said change to increase government role, 49% repeal and replace with different proposals, 4% no opinion. these are numbers you are familiar with. in your office, right now, is there a plan b? if this plays out not the way

you want it and the constitutionality continues to be challenged, is there a plan b? >> we are spending full time working with the states on implementing these reforms. as you pointed out, in the past few months, you know, change the landscape with rules that say no longer can insurance companies discriminate against a child with a pre-existing condition. no longer can they rescind your policy because you made a mistake. no longer do you have lifetime limits on your policy. those are what we are working on now. we are working on setting up exchanges for affordable options for people who haven't afforded insurance before. the tax credits are out there. $40 billion worth of tax credits to help small businesses afford it. it's our plan. we feel confident the court, in the end, is going to say it's constitutional. this law that helps provide all

americans with health insurance is the right way to go. >> you believe it's going to go to the supreme court? >> do i believe it's on the way to the supreme court? >> yes. >> yes, i believe the supreme court will have an opinion on this, yes. >> nancy-ann thanks so much for joining us. january is going to be a busy month in florida as well. get some rest over the holidays. hopefully we can talk to you more as the conversation continues. >> thank you. two federal judges held the opposite rule that it's constitutional. jeffry toobin is here to help clear this up. you heard the interview with nancy-ann deparle. any reaction to that? >> i think the party line and the obama administration is they expect to win. they may win and the courts may uphold the health care reform act. it's not a sure thing.

the courts have changed. 20 years ago, there's no doubt a law like this would have been upheld. president reagan and the two president bushes appointed a lot of judges with conservative values. many of them regard expansion of federal power is unconstitution. that attitude, sometimes, goes up to the supreme court. >> correct me if i'm wrong. you mentioned party lines. has this been ideological, if you look at the two judges so far that found this constitutional and the one that found it unconstitutional, what is the ideology here? >> in the sad but true category, what we see in congress and the fights of the white house exist in the judiciary as well. as you point out, the two judges that upheld the law were clinton appointees. judge hudson struck it down and he was a george w. bush appointee. by and large, the politics of

the president are reflected in the judicial appointments and there are different views of this law depending on your political perspective. it's a fact. >> real quick, you wrote a whole book about this, but the supreme court, do you have any predictions? he's going to be an important voice in this. >> it is a very good time to be anthony kennedy. there are four conservative votes, four liberal votes. kennedy, who sometimes votes with the liberals, mostly with the conservatives yields enormous power. my guess is he will be the deciding vote in this as well. what will he do? if i had to bet, i would say he would uphold the law. it's not a bet made with a lot of confeidence. we have to see how it plays out in the lower courts. if i'm wrong, i will deny.

>> we have it on tape. jeffry toobin, thanks for being on the show, thanks. >> see ya, sanjay. we are discussing real patients like a 16-year-old fighting an up hill battle. his mom losing 30 pounds to help save his life. an unlikely friend that got in on it as well. a heart attack. it's my back. it works great for pain. [ male announcer ] nothing's proven to relieve pain better than extra strength bayer aspirin. it rushes relief to the site of pain. feel better? yeah. thanks for the tip. [ male announcer ] an everyday moment can turn romantic anytime. and when it does, men with erectile dysfunction can be more confident in their ability to be ready with cialis for daily use. ♪ cialis for daily use is a clinically proven low-dose tablet you take every day so you can be ready anytime the moment's right.

♪ tell your doctor about your medical condition and all medications, and ask if you're healthy enough for sexual activity. don't take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. [ man ] 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 immediate medical help for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision, stop taking cialis and call your doctor right away. [ male announcer ] ask your doctor if cialis for daily use is right for you. for a 30-tablet free trial offer, go to cialis.com. today, as we always do, we want to introduce you to ordinary people doing sboord things. a 16-year-old living with a life-threatening illness, his

mom and a friend he met while he was sick, trying to help him. it's 5:30 in the morning. kiwane clay is arriving for dialysis. he's been fighting an up hill battle with his kidney's since he was born. >> he needs a kidney transplant? >> yes, i lost 30 pounds so i could give him a kidney. >> she wants to do everything she can for her son. just paying for treatment is a struggle. >> just doing what i have to do for my son. i have been doing it for 16 years. i figure i'm a good mom. >> financially, how hard has it been on your family. >> real hard. >> he's 16 years old. this is what he's had to overcome. he's about to get help from an unusual source. good morning, kyle. 14 years old. have a seat.

how do you know each other? >> i met him in a clinic. >> kyle looks like any healthy teenager. it wasn't always the case. in 2009, kyle's kidney's failed and it took months of dialysis and a new kidney to save him. kyle never forgot his friend kiwane. >> what made you decide you wanted to give something back? >> i just want to help him. it gives me a sense of joy to think i'm thinking outside of myself for once. just to help someone else is a blessing to me, also. >> so far, kyle raised $3,100 for kiwane and his family with help from the local motorcycle club. >> it helped with what kiwane needs. >> he didn't get a christmas last year? >> no. >> he's going to get one this year?

>> yes. >> kiwane finishes with kyle by his side. they agree the kidney is the best gift of all. >> they are good kids. i have to tell you, reporting on their fight, i was reminded of the human bond forged by shared experiences. they hope, every day together, for kiwane's transplant. he was 300 pounds and his hair falling out. how could he become the healthiest human being alive? we'll share his secrets and tips to getting there. you want some fiber one honey clusters? yeah. you must really care about him. what? no, no. you gave him fiber. no she didn't. this tastes way too good to be fiber. they're delicious crunchy clusters with sweet honey and half a day's worth of fiber. you care about my fiber? not really. i care about your fiber too. i have for a while.

ok, carl. why don't you care about her fiber? hey carl. [ male announcer ] fiber one. cardboard no. delicious yes. took some foolish risks as a teenager. but i was still taking a foolish risk with my cholesterol. anyone with high cholesterol may be at increased risk of heart attack. diet and exercise weren't enough for me. i stopped kidding myself. i've been eating healthier, exercising more... and now i'm also taking lipitor. if you've been kidding yourself about high cholesterol...stop. along with diet, lipitor has been shown to lower bad cholesterol 39% to 60%. lipitor is fda approved to reduce the risk of heart attack and stroke in patients who have heart disease or risk factors for heart disease. [ female announcer ] lipitor is not for everyone, including people with liver problems and women who are nurspregnant or may become pregnant. you need simple blood tests to check for liver problems. tell your doctor if you are taking other medications or if you have any muscle pain or weakness. this may be a sign of a rare but serious side effect. let's go, boy, go! whoo-whee!

if you have high cholesterol, you may be at increased risk of heart attack and stroke. don't kid yourself. talk to your doctor about your risk and about lipitor.

welcome back to "sgmd." does morgan ring a bell. he wrote "supersize me". for the last book, he tried to follow every rule in the bible. his new project, follow every piece of good health advice, big

and small. his goal, to become the healthiest person in the world. >> i was never super fat. i was skinny fat. you are skinny with a pot belly. it's the least healthy kind of fat. i didn't pay attention to my body for the first 40 years of my life. i thought it was a container to hold my brain. this is a radical change. i subscribed to a movement callcal called chewdism. you chew more so you don't overeat. chew 50 to 100 times per mouthful to get all the nutrients. that's insane. i tried it for a week. that takes an hour and a half to

eat an apple. i'm reformed. i crew 15 to 20 times. another thinlg i like to do, run errands. literally, run errands. we come partmentalize it. we go to the gym for an hour, then sit on our butts. i have tried to incorporate moving to every part of my life. why walk when you can run. i literally run errands. i run to the store, buy toothpaste and run home. this is my treadmill desk. i walk and work at the same time. studies show you should not be sitting on your butt all day. it's terrible for your health. people say how does that work?

i'm more efficient when i do it. i'm not tempted to stray, wonder around, get a snack, bother my wife. i stacked a bunch of boxes up, put my laptop on top and it works fantastically. i'm a human guinea pig. i have tried every diet i can find. raw food. mediterranean. i met with guys who believe in calorie restriction. if you are on the edge of starvation, you are going to live longer. studies of monkeys and rats show this. so, i had dinner with them. our dinner was the appetizer was a blueberry, and for the main course, we went crazy and had a wa walnut. that's the kind of thing i'm doing. coming up, what's the one thing he misses most? what's the first thing he's going to do when this is all over? stay with sgmd.

♪ [ male announcer ] open up a cadillac during our season's best sales event and receive the gift of asphalt. experience the exhilarating cadillac cts with a direct injection v6. it's the one gift you can open up all year long. see your cadillac dealer for this attractive offer. backed by the peace of mind that only comes from cadillac premium care maintenance. the season's best sales event. from cadillac.

welcome back. we've got more now from author a.j. jacobs. tongue only half in cheek. what he's doing in his quest to be the healthiest person in the world. >> when i go to a restaurant, i basically drive the wait staff crazy. because -- can it be steamed, no sauce? unlike when harry met sally, i'm basically like sally. >> but i'd like the pie heated, i'd like strawberry instead of vanilla. if not, just whipped cream, but only if it's real, if it's out of a can, then nothing. >> noise is a huge health hazard. it's one of the most underrated

health hazards. but it's terrible for you. bad for your stress levels and it's -- it's bad for your hearing, of course. so i actually -- i -- i wear these all the time. so i won't wear them for the interview, but i love them. because it's healthier. i have a collection of ear plugs and i've got these beautiful noise-canceling earphones, i really recommend them. i think people worry about the wrong things. we spend time worrying about things like shark attacks. that's insane. ten times more people are killed by hot water in their home. i've read statistics that more people are killed by falling coconuts than by sharks. i'm not sure that's 100% accurate, but listen, don't sit under a palm tree. that's the take away.

having dogs is actually really good for your health. lowers the blood pressure, it cuts down on your stress hormones. so i try to -- try to pet my dogs -- actually, it's not my dog. i've been at this for about a year. it was supposed to be a year, but it's taken a little longer. i keep telling my publisher, is stress is one of the worst things for your health. so please don't bring up the deadline. i've still got a lot to do. actually, ideally, there are things to be totally healthy, i would like to win an oscar because there are studies that show that oscar winners live longer. i want to go -- move to okay in. that's going to cause some stress to the wife. i want to become a woman, they live longer, healthier than men. there are some things that present a challenge. but i'm going to try in the next five months.

>> what do you think of that? interesting? >> some of it is about joy. you've got to be healthy, embrace these things with joy. it can't all be living like a monk. but one thing that i am desperate to have again is pizza. it just kills me. so i -- i can't wait for that. i'm just going to -- i'm going to put it all over my face like my kids. i'm going to take a bath in pizza. can't wait. >> all right, a.j. good luck with that. i wonder, a.j., how many times you chewed your food back at school. well, school lunches are about to get a lot healthier for millions of american kids, a.j. this was the first major change in 30 years. everyone should pay attention. we'll give you the breakdown. that's next.

this is my band from the 80's, looker. hair and mascara, a lethal combo. i'm jon haber of alto music. i've been around music my entire life. this is the first alto music i opened when i was 24. my business is all about getting music into people's hands. letting someone discover how great music is, is just an awesome thing. and the plum card from american express open helps me do that. i use it for as much inventory as i possibly can. from picks...to maracas... to drums... to dj equipment... you name it, i can buy it. and the savings that we get from the early pay discount on those purchases has given us money to reinvest back into our business and help quadruple the size of our floor space. and the more we expand, the more space we have for instruments and musicians to come play them. rock n roll will never die. how can the plum card's trade terms get your business booming? booming is putting more music in more people's hands.

hey tough guy, that cold needs alka seltzer plus! it has the cold-fighting power of an effervescent packed in a liquid-gel for all over relief! hiyah! dude! welcome back to "sgmd." school lunches are about to get healthier for millions of american kids. it's the first change to school lunch standards in 30 years. president obama signed a major child nutrition bill into law this week. and there is money attached to it if certain guidelines are met. breaking it down. the bill's focus really is to improve nutrition and reduce

childhood obesity in the united states. something we talk about all the time. couple of broad points we pulled out of this. got to provide healthier meals, you're going to start kids' nutrition programs and also buy more locally grown foods for school cafeterias. and also, sometimes, get school gardens going. also provide meals for low-income children. it's also going to look at these vending machine issue. going to provide healthier snack choices in the school vending machines. let me give you a little bit more of a breakdown. among the new requirements specifically is looking at what the kids are eating. they want to have more of this, more fruits, vegetables, whole grains, more low-fat dairy. in broad terms, that's what they want. they have specific serving sizes. they're going to include. they want less of this. sodium, sugar, and fat. no surprise there. we want to give you a better idea of what it would mean for the average kid, for example. let me show you this. a school lunch as things sort of stand now, pretty the typical. cheese pizza, canned pineapple, say