>> yes, yes, yes! oh, oh! >> i'll have what she's having. >> i bet that woke you up this morning. the scene from the classic "when harry met sally." director, writer, master of movie magic norah ephron being remembered this morning for her iconic motion pictures. "sleepless in seattle," "you've got mail." we're going back to the movies this morning in honor of nora. "newsroom" beginning right now. and good morning to you. i'm carol costello. thank you for joining us. we begin in washington at the u.s. supreme court. a history-making decision over president obama's health care law will come down tomorrow. but whatever the court decides, the issue is already shaping both campaigns. >> it's the right thing to do to give seniors discounts on their prescription drugs. it's the right thing to do to

give 30 million americans health insurance that didn't have it before. >> no matter what the supreme court does on thursday, this law, as written, 2,700 pages long, is still a law that is bad for patients. it is bad for the nurses and the doctors who take care of those patients. and it's terrible for taxpayers. >> the supreme court could rule in a number of ways. it could rule the whole thing unconstitutional or parts of the law are in violation of the constitution. of course, whatever the court rules, many americans will not be happy. we'll talk more about that in just five minutes. the other big story this morning is coming out of colorado. and the pictures are heart-wrenching. right now, the sun is coming up, but it's been another sleepless night for exhausted firefighters and the thousands of homeowners in harm's way. just look at these pictures. several fires are burning across the entire state, but the most ferocious is around waldo canyon north of colorado springs. the fast-moving flames are sweeping toward dense

subdivisions and chasing some 32,000 people from their homes. >> we need them to leave when we ask them to leave. >> just banging on my window. >> he was asleep, so i pounded on his door to get him out. >> it's pretty scary. it's right there. >> only. a lot of orange. >> she is backing down the hill, which is not what we normally see in fire behavior. >> it's time to go. >> all these fine people came to help me. >> we have sunny small dino from the colorado fire department on the line. good morning. >> good morning. >> this fire is being described as an inferno that cannot be controlled. what's your description of this fire? >> it's horrific and terrifying and all those things that, you know, we firefighters just dread seeing, especially to our hometown. and it's just one of those tragic moments for our city and our community. >> do you have enough firefighters on the frontlines? >> you know, at this time we do. more are on their way.

we are very grateful that we have got all of our partners here in colorado stepping up to come help us. and really just participate in helping our community, you know, rebuild after this, and we're looking to the future to make sure we can take care of it, control it, and not let it damage any more homes. >> we look at the pictures of the fires burning. but i don't think many people really understand what's happening in colorado. near colorado springs. how has this affected your community? >> well, this area that we're in is an extremely dense area that just came right over that mountain. and as you said, 32,000 people have been evacuated. and it's just, you know, one of our worst scenarios in our city to have that many homes affected. >> is there anything that we can do to help? >> well, right now, we're asking anybody who would like to help to donate to the red cross. and that would help all of the families that are going to be in

need. just be there in support. and, you know, we have an amazing community that's rallying together for those people. we'll know more this morning at 8:00 after our command post is able to do a better assessment of the area and what was actually affected. >> sunny smaldino from the colorado springs fire department. thank you for joining us this morning. >> thank you. in florida, the rain is gone for the floodwaters are not. debby has weakened to a tropical depression, but only after dumping two feet of rain in some areas and leaving entire areas in knee-deep water. george is just north of tallahassee. give us the damage assessment. >> reporter: well, we are seeing the sun today, carol, so that is good. anytime, always welcome. but here's what residents are dealing with. flooding still the issue. you can see this house, what used to be a front yards now a small lake.

and that's what you see across wakulla county. one of the hardest-hit counties. we spent time with residents seeing their homes for the first time. >> it's your own place, you know, of course that's a little different. >> reporter: dodging powerlines and low-hanging branches, we took a boat like with larry and crystal as emergency crews took them through what used to be their neighborhood. >> it's our road that leads to seminole lane. >> i just can't believe the current through here. the current is really -- >> it's ripping. >> reporter: after passing several homes -- >> should be down here just to the left somewhere. i don't recognize anything now. >> the reality of what's left became painfully apparent. >> that's our house there. >> they evacuated, but officials in wakulla county said crews had to rescue dozens from their homes. >> the amount of rain we had, the water levels came up so fast some folks didn't have time to pack and move their things out. >> reporter: across florida, people are returning to their homes to find out what, if

anything, is salvageable. debby made landfall late tuesday and is headed for the atlantic, but not before the storm drops another four to eight inches of rain on top of the two feet already fallen in some places. the water rose to the second floor in some homes, but they are determined to start over, though they can't help but look back a little regretfully at all the hours they put into their house that they now have to build. >> we're safe. >> god will get us through it. >> yeah. >> reporter: carol, back live here in florida, you see this home, all the water around it. one big concern people have as they wait for these floodwaters to recede, snakes, alligators. there is so much water that came in and just washed all of these different things up that you'd run into in the woods. that is a concern. the governor has declared a state of emergency. and we know that fema officials are on the ground here in the state to help people who are affected by the floods. >> poor family. my heart goes out to them.

george howell, thanks so much. as of this moment, it looks like there will be no 11th hour compromise to head off tomorrow's house vote on attorney general eric holder. republican lawmakers there will decide whether to hold the attorney general in contempt of congress for not turning over documents in the botched fast and furious gun sting. some civil rights activists say racism is at least partially behind this unprecedented move. >> this reckless and morally reprehensible act that is being proposed on thursday is certainly engineered and motivated by politics and not law. >> what we want to do is have the administration sit down and cooperate with congress, like the constitution provides for, in a legitimate investigation into the operation of not only our national security apparatus but also law enforcement investigations like operation fast and furious.

>> some democrats are hinting members their own party could cross party lines and also vote in support of contempt charges. several democrats cite pressure from the national rifle association. new york congressman charlie rangel has passed a big test in winning a 22nd term to the house. the iconic democrat won his party's primary last night despite changing demographics and the humiliating censure on the house floor two years ago. his supporters shrugged off those ethical violations. >> i voted because it was important to me, and i think it's important to the community. >> when he first got there, nixon was the president. joe namath was playing for the jets. and the mets won their first championship. that was a long time ago. and things are different now. our set of goals and challenges are vastly different. >> among rangel's ethics abuses, filing misleading financial reports and not paying taxes on a rental unit in the caribbean. another longtime lawmaker also celebrating the backing of his party this morning.

senator orrin hatch won his republican primary in utah. his opponent tried to frame the fight as the tea party versus the establishment. a little more than 24 hours from now, the supreme court is expected to hand down one of its most important decisions in years. justices will rule on the health care law. and whether the government can force you to buy health insurance. it is a momentous decision that could impact everything from your health to the presidential election. >> the american people understand that we're not going to make progress by going backwards. we need to go forwards. they understand we don't need to refight this battle over health care. it's the right thing to do, that we've got 3 million young people who are on their parents' health insurance plans that didn't have it before. it's the right thing to do to give seniors discounts on their prescription drugs. it's the right thing to do to give 30 million americans health insurance that didn't have it before.

>> as you know, the supreme court is going to be dealing with whether or not obama care is constitutional. and if it's not, if obama care is not deemed constitutional, then the first 3 1/2 years of this president's term will have been wasted on something that has not helped the american people. if it is deemed to stand, then i'll tell you one thing, we're going to have to have a president, and i'm that one, to get rid of obama care. we're going to stop it on day one. >> let's turn to susan block, a professor of constitutional law at georgetown law school. welcome, susan. >> hi, carol. >> thanks for being here. bloomberg had a poll of constitutional lawyers just like you. most of them say that obama care is constitutional. if that's true, why are the supreme court justices waiting until the end of their session to tell us what they've decided? >> well, they only argued it at the end of march, so this kind of turn-around is not long. it's a very complicated issue.

it's not clear cut, even though the polls may suggest that. it's going to be a very close question. so there will be a lot of opinions. it's a landmark decision, whichever way it goes, so they have to take their time. they probably would like a little more time. >> maybe so. any guesses as to which way they might rule? >> well, yes. i have a guess. i think that they are likely to uphold the law, but i do think it will be very close. the mandate is obviously the controversial part. but it's basically telling people you have to contribute to your health care, whether you're going to need it, whether you want it or not. so we're trying to avoid the free riders. >> right. a lot of americans think that forcing americans to buy insurance is unconstitutional because, you know, i don't need insurance when i'm young, 26,

healthy. why should i have to buy it? >> right. you know, that is a good question. but it's the same kind of system as something like medicare or social security. that is what insurance is. you pay in. and then it's there for you if and when you need it. >> well, let's talk about whether -- you know, you mentioned it could be and probably will be a close decision. many americans think that the supreme court is filled with partisan hacks anyway. so if it comes down to a highly political 5-4 decision, will that do lasting harm to the court as far as how the public views it? >> well, they're not political hacks. and i don't think the public really sees it that way. but i agree with you that there's a threat here to the reputation of the court. and the court is aware of that. it's very sensitive to it. it doesn't decide these things on the basis of politics. but it's also careful when it's doing it to not look like it's doing it on politics.

>> but if it's a split decision, how can they avoid that? >> well, it depends how it splits, i think. if it's something like -- if on the one side you have both republicans -- or both conservatives and liberals, that will look a little better than if it's a 5-4 conservative versus liberal. >> well, we'll see how it turns out tomorrow. susan, thank you for joining us. >> thank you. >> an update now on karen klein, the grandmotherly bus monitor tormented by a group of middle schoolers. >> you're a troll. you're a troll. you're a troll. you old troll. >> you remember that. after that video went viral, donations poured in, and now klein has met the man who helped raise more than half a million dollars for her to take a vacation. max sidorov came all the way from toronto to greece, new york, last night. he started the website after seeing that video of klein. he said he never expected to raise so much money. his initial goal was just $5,000.

about 30,000 people from all over the world have donated. so far the total is over $660,000. klein has said she may invest some of the money and also donate some of that money. this morning, the olympic rings are now on london's iconic tower bridge. it's pretty cool too. take a look. it marks the final countdown to the opening ceremony, just 30 days away. oh, i wish they had them like hanging the way they are supposed to hang. the rings are showing up all over london as the city prepares for the games. but you better hurry if you want to go. the bbc is reporting that 80% of the tickets have been sold. these rings are huge. i think that a semi can fit through them. they are a cool sight all over london. mayor michael bloomberg of new york has reportedly found an interesting way to keep cool before he drives around new york city. it's so strange. we'll show you what it is.

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that includes day-to-day operations while under chapter nine bankruptcy. that filing could happen as early as today. gas prices in south carolina, guess what, are below $3 a gallon. it is the first state in almost a year and a half to hit that mark. statewide average is now $2.99. aaa says the national average is at $3.38. that's a drop of 16 cents from a year ago. in weather news, tropical depression debby is leaving florida, but flooding is still a big problem in many areas of the state and will be for the next 24 hours. debby dumped two feet of rain on some towns south of tallahassee and is blamed for several big sink holes. in sports, ca-rassandra san the national anthem before the game and then was surprised with a marriage proposal from her boyfriend. that's cute. yeah, she said yes. cassandra said, yes!

new york city mayor michael bloomberg is known for his advocacy on the environment. he is a green mayor. but as the mercury soars, the mayor's team is taking part in a rather unique experiment. all in an effort to keep his honor cool before he drives around town. ashleigh banfield just spoke with the mayor's office, and it was such a weird picture on the front of "the new york post" this morning. who would think? >> i know. who would have thunk, right? i love my "post" in the morning. i get up, i grab it, and i look. mike's cool aid. he rigs a wacky ac unit to keep his suv chilled. i read the story through and thought there had to be more to it. there is more to this. there's a law in this state, in this city, where you can't just run your suv or idle near a playground or school for more than three years because it isn't green. it doesn't apply to police vehicles, carol. and guess what? mike bloomberg's vehicles are police vehicles. so he is doing this out of the

goodness of his heart, it turns out. he's not breaking any rules. he just wants to be green. >> what a minute. this looks like a room air conditioner unit you put in the window of your home. >> it is totally is. and when i called the mayor's office, i said, is this what it looks like, truly a room air conditioner? and they said we'll do you one better. we got this thing salvage out of a warehouse. one of the staffers for bloomberg came up with the idea. let's give it a shot. see it works. they got the unit for free. jerry rigged it with a technician. did a 30-minute experiment. it was a one-off thing. here is the weird part. they wouldn't tell me if it was a success or if this is going to be par for the course from now on. >> where do they plug it in? >> well, that's a good question. big old extension cord. it's kind of wacky, right? but if you think about the v-8 engine and the emissions, and our temperatures last week, we were well over 100 degrees here in the big apple with the heat

index. there are people who work in those vehicles. and there's really expensive communications gear too they have to protect. it's not just an opulent mayor who needs to have a cool ride. it can be 120 degrees in a vehicle when it's hot out like that. everybody is talking about how it's mayor bloomberg's crazy idea. he knew nothing about it until the story broke. so i asked the aide to mayor bloomberg, what was his reaction? did he like the idea? does he want to do it? how does he feel about the story? and he said to me, i can't comment. and that's all i could get. i know of the that's all i could get from the mayor's office. he didn't know about it until that, hello, good morning, big story. about you if you think about it, it isn't that bad an idea. a lot less emissions. didn't spend a cent to do it. but watch this space to see if it's a formal plan from now on >> i'm sure it will be adopted through the rest of the country. you wacky new yorkers.

ashley, thank you so much. sure. manipulating your transactions at the atm to slam you with more fees? we'll tell you about one big bank paying big to settle with customers just over that 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. [ male announcer ] the exceptional certified pre-owned program with the highest quality cars. good news for the second owner. take care of my car. ♪ take care of my car. you know what's exciting? graduation. when i look up into my students faces, i see pride. you know, i have done something worthwhile.

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pnc bank agrees to pay $90 million to settle lawsuits over excessive overdraft fees. they join bank of america, jp morgan chase, and several

smaller banks to settle litigation from customers claiming that overdraft fees were unwarranted. a alison kosik is at the new york stock exchange. explain what the bacnks were doing to rip us off. >> the customers in this lawsuit, it focuses on pnc's lawsuit, pnc bank actually. what they say was that the bank's computer system actually resequenced the order in which they made their debit and atm transactions. so what the bank is accused of doing is posting them from the highest to the lowest dollar amount. instead of the actual order that people made their purchases. so what that ended up doing is making these accounts become depleted of money faster. and these plaintiffs say it caused them to overdraw and get hit with more of these overdraft charges than they would have. and when you consider what these overdraft fees are, it's a big deal. they range from $25 to $30 at most banks. we did talk to pnc this morning.

they said they don't comment on litigation but the bank is looking closer at its overdraft policies. i'm sure it is. >> well, that makes me feel a lot better. is this suit the primary reason that chase, for example, eliminated overdraft fees on debit purchases of $5 or less? >> funny you should mention that. when chase made that announcement last week, carol, it said, oh, good news, we're making changes to help you avoid fees. but i'll tell you what, this isn't out of the kindness of their hearts. these court documents for chase show that the changes were made because it was part of chase's own $110 million settlement concerning overdraft fees. chase's new policy goes into effect in three weeks. and what it does is lets customers make as many $5 or less purchases as they want without overdrawing. these aren't the only banks. citigroup, wells fargo, capital one are all faces similar lawsuits. and those banks i just mentioned have not yet settled. >> do these banks realize that we put our money in the bank?

it's our money. we put it in their banks and may make money off of it. but it's our money. it's our money. >> look, the banks are in business to make money. >> using our money. >> well, yeah. but that's why they have more regulations. the banks have to figure out more creative ways. but here they were caught with their hands in the cookie jar because they were manipulating how we were making our purchases. so, you know, clearly, when you look at it legally, it clearly wasn't right because what these banks are doing are settling, paying up big time for their mistakes, carol. >> thanks, alison. i didn't mean to get on you, but i feel better now. i vented and i feel better. >> glad i could help. >> thanks. washington gets ready for an historic day. and i'm not talking about the supreme court's decision on health care. still to come, our political panel weighs in on thursday's house vote on whether to hold attorney general eric holder in contempt of congress. [ female announcer ] goodnight gluttony,

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the u.s. attorney general, eric holder, is poised to make history tomorrow and maybe not in such a good way. the house plans to go forward with a contempt of congress vote after a last-minute attempt to make a deal and avoid that vote failed miserably. the house's action related to the fast and furious gun trafficking program is sparking outrage among some of the nation's leading civil rights organizations. >> this reckless and ill

conceived effort is should be rejected, and we call upon speaker boehner, chairman darrell issa, and others in the house leadership to reconsider this harmful path. >> this effort by the house of representatives is nothing more than a clumsy, naked, politically motivated witch hunt. >> this is a low point for our congress. it is a low point in the house of representativeses. and we hope that the leadership of the house will hear our plea to get back to work and to stop using their powers to delay and defer justice in this country. >> the republican house speaker john boehner is expected to hold a press conference on this vote in just about half an hour. of course we'll be watching and we'll tell you what he says. but we want to talk about the implications of this. and the partisan nature of the fight. joining me now cnn contributor

roland martin, who leans left, and crystal wright, editor and blogger for conservative black chick.com. welcome to both of you. >> thank you. >> glad to be here. >> so civil rights leaders from black, hispanic, and asian groups claim this is a witch hunt. what do they mean by that, roland? >> that you have crazy talk going on. when you have the nra with this ridiculous theory they somehow this is this overall agenda of the obama administration to somehow limit gun ownership in this country, that's what you have going on. they are one of the driving forces of this. and so it's just nonsensical. and they can't even provide any sort of factual evidence to back it up. it's crazy conspiracy talk, just like the birthers, just like the 9/11 truthers. >> well, a border agent did die. >> yes. >> and supposedly he died with an illegal gun provided by the u.s. government. you can't really get away from that, right, crystal? >> yeah. you know, i admire my friend

lowelland ma roland martin. but i'm going to disagree. what's nonsensical and clumsy is this administration allowing under its attorney general for 2,000 guns to walk into the hands of the mexican drug cartels. and then they lost track of them. as you pointed out, carol, a border patrol agent was killed, and he was white. then we had 300-plus mexicans who were killed. how is this racist? and then to roland's point, we do have evidence. cbs news has obtained emails that atf agents were exchanging during fast and furious, and you know what it showed? not only did they want the gun shops to illegally sell these 2,000 guns to the drug hordes. they said and we're going to use this to build a case for tougher gun laws so roland is just wrong on this. >> no. >> and all i can do is laugh when the naacp and the urban league comes out and says this is racist. this is the same attorney

general -- excuse me, roland -- i didn't interrupt you. this is the same attorney general who thought it was a good idea to let 9/11 terrorists who killed 3,000-plus americans to have civilian trials in new york city, a stone's throw away from ground zero. >> first of all, crystal, president bush allowed bin laden's family to leave the country after 9/11. you don't want to go there. >> yes, i do. >> the overall program started under president george w. bush. what congress is not doing is saying, ok, how do we even get to this particular point? the documents they want to place after the death of the border patrol agent. this goes beyond simply the obama administration and fast and furious. it is an overall program dealing with atf. so the question is, are you bringing in the actual atf agents -- >> under the justice department. >> are you bringing in the atf

agents in the phoenix office to say what were you doing? no. what congress is trying to do is only say we want to deal with attorney general eric holder. that's why it makes no sense. and, carol, the reality is, they are being driven by the nra. and what the nra is saying right now, we're going to score this vote and we're going to hold it against you in the election and whether we give you money based upon how you vote. that's a clear nra threat. and republicans and some democrats are going to respond. >> crystal, i will say i saw the letter from the nra, and it said exactly what roland said. the nra is a dog in this fight. >> well, sure it is. >> even some democrats say they'll vote for the contempt charge because they are being pressured by the nra. but why is the nra involved in this? >> because of emails that cbs news has reported on where atf agents are doing a lot of double talk. one minute they want 2,000 guns to illegally be sold through the phoenix, arizona, gun shops. and at the same time, they want to use that against the gun

shops to build a case for tougher gun laws. so of course the nra is going to be involved in this, carol. you have common sense. roland has common sense. >> call those agents before congress. >> wait. i want to add one more thing really quickly. >> one thing i don't understand about the nra. if people kill and guns don't, why is the nra involved in this? >> because the nra is targeting -- >> why are you going to tell gun shops we're going to turn a blind eye because we want you to help us let these 2,000 guns walk out of your shops. but in the next -- then in the very next breath you're going to smack their hands with tougher gun laws because they are breaking the law because the atf agents told them so? and finally, 80,000 documents -- wait a minute, roland. 80,000 documents were turned over by the inspector general's office at the justice department. those 80,000 documents should be turned over to congress. but this president thinks that he can bypass congress. >> carol, again -- >> last word. >> this is all a threat. look, when you have the nra who

doesn't even want background checks, who doesn't even want people to be checked at gun shows, please, don't act like the nra really cares about guns even in america going to the hands of the wrong people. bottom line, carol, this is totally politically driven. and trust me, the nra is using the threats of their dollars and their endorsement to tell the gop and some democrats, you get in line or we're going to penalize you. it's clear as day. >> all right. we have to end it there. crystal wright, roland martin, thanks so much for a spirited discussion. >> thanks. she blazed a trail for women in hollywood. largely thanks to great scenes. like this. >> i love that you get cold when it's 71 degrees out. i love that it takes you an hour and a half to order a sandwich. i love that you get a little crinkle above your nose when you're looking at me like i'm nuts. >> remembering screen writer and director norah ephron. peppery poblano, sweet butternut. we're roasting, and grilling

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i love that you get cold when it's 71 degrees out. i love that it takes you an hour and a half to order a sandwich. i love that little crinkle above your nose when you look at me like i'm nuts. i love that when i spend the day with you, i can still smell your perfume on my clothes. and i love that you're the last person i want to talk to before i go to sleep at night. >> i'm dating her. that's all i'm doing. i'm not living with her. i'm not marrying her. can you appreciate the difference? this is what single people do. they try other people on and see how they fit. >> you know those scenes from "when harry met sally" and

"sleepless in seattle," both created by nora ephron. she was 71 years old and passed away from leukemia. she was i a renowned author and playwright, but best known for his memorable hollywood moments like this one. >> yes, yes, yes, yes! oh, oh, oh! oh, god. oh. >> i'll have what she's having. >> i just love that scene. in all, the eight films that ephron directed grossed more than $5 million here in the united states. let's head to los angeles now. and talk a little bit about nora ephron before we get to the big

"today show" news with ann curry leaving and all that. there is just no one else like her, nora ephron. >> yeah, yeah. so smart, karlcarol. and so witty and so funny. she wrote a lot of romantic comedies. good morning. she wrote a lot of romantic comedies but what she did in writing those stories, she still gave women a really strong voice in her movies. and i think that did a lot for women's characters in hollywood. and i know so many talking to people yesterday and getting reaction from hollywood, that was the thing that a lot of people appreciated most about nora ephron, that she took women's roles, flipped them on their head and still gave them, you know, this really strong role but while still being funny and sexy and smart and everything. and i love that about her movies. >> yeah. nischelle turner, by the way, hello to you too. i forgot to say hello because i was lost in my memories of those movies. because i have seen each and every one of them more than once. >> i know.

exactly. let's talk about "the today show" and ann curry. everybody knows by now that ann curry is leaving nbc, but her successor supposedly has been named. >> yeah. you know, this story is definitely the talker. it's the big buzz right now, carol. and it seems like, like you said, there's still many more questions than there are answers. but sources are telling the "hollywood reporter" this morning that savannah guthrie, who is a newer face over at "the today show," has been offered the role of co-host with matt lauer. this move would of course replace ann curry. the "hollywood reporter" says that nbc news is close to finishing a deal with curry, which would keep her at the network in what they say is a substantial position and as part of the news division but she would be off of "the today show." she started with "today" in 1997. she was a news reader. she was promoted to co-host last june when meredith viera left. so it would be just about a year for her on the desk if she does in fact leave. >> nischelle turner, thank you so much. >> sure.

we'll take a quick break. we'll be back with more. i'm dr. sanjay gupta. he has been called a revolutionary teacher because of his innovative approach to education. >> this high school was built in 1904 or something like that. and this is where i started my teaching career. i entered education like most young idealistic teachers and just believed that all that was needed is really good solid teachers. that i could teach anybody anything, and i was going to get all of my students to prepare for college. and it was tough because i was trading on a relationship that i had developed with the students that this content that i'm teaching you, algebra and geometry, is going to change your life. it's preparing you. trust me. you know, it's kind of like the karate kid. if you do enough wax on and wax off, you will be a black belt magically, right? and that's exhausting. because there's some truth there, but some of it is not

true. what we discovered 13 years ago when we started this as an after-school program was that when kids are given real problems to solve and are trusted to make real decisions, a ton of learning occurs. >> this sunday on "the next list," our profile of simon harsher. an airline has planes... and people. and the planes can seem the same so, it comes down to the people. because, bad weather the price of oil those are every airlines reality. and solutions won't come from 500 tons of metal and a paint job. they'll come from people. delta people. who made us one of the biggest airlines in the world. and then decided that wasn't enough.

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49 minutes past the hour. checking our top stories, a wildfire of epic proportions near colorado springs chases 32,000 people out of their homes. fire just 5% contained. it's now threatening an air force academy. we'll have a live update for you in 15 minutes. despite falling gas prices, gm will roll out its chevy spark to american car buyers later this summer. the company says the four cylinder mini car is designed to attract young entry level buyers in an urban market. an electric car, you know. in florida, people are checking out the damage left by tropical depression debby as it heads into the atlantic. look at the huge sink holes right the atlantic. look at those huge sinkholes right next to people's home. this is north of tampa. about 2,000 homes have been evacua

evacuated. >> it's not just debby that's causing problem, record-setting heat. it's going to be hitting almost all of us. so at least we can share in the misery, right? rob marciano, i'm not talking 80s or 90s. i'm talking 100-degree temperatures or more. >> yeah, for a wide chunk of the u.s. especially east of the rockies. it started in the rockies where we're having the fire issues now it's starting to expand and fire off to the east. and the humidity is on the increase as well. these temperatures don't increase. humidity, they're measured in the shade, some all-time record highs. austin, texas 109, college station, 106, denver, 105, that is an all-time record, they've had a string of consecutive 100-degree plus records there. denver will once again tease the 100-degree mark but maybe cool off a little bit. here's your dome of high pressure. high temperatures actually up and over 100 degrees. that's your greatest fire threat is. then it shifts off to the east. on top of that, once it moves

farther to the east, we start to crank in the excessive humidity. excessive heat watches up through cart are parts of kansas. and the lower great lakes for the next two days. then it will expand further to the east. 89 degrees will feel like a cool snap in atlanta come the weekend. 80 in new york city, enjoy that now because things are warming up as well. carol, back to you. >> thank you, rob. he could cast the deciding vote on obama care. but exactly who is u.s. supreme court justice anthony kennedy?

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we're about 24 hours away from hearing the supreme court's health care ruling. one justice's vote could make all of the difference. and it could come from justice anthony kennedy. a moderate conservative whose votes on high-stakes cases are close to impossible to predict. joe johns has this in-depth look. >> reporter: he's the man in the middle. the right-leaning justice who often swings left on some of the most hot-button cases. the death penalty. abortion. immigration. now, the sacramento native might be the one "time" magazine calls the decider whose vote in thursday's ruling could make all the difference. >> in any nine-member court that's closely divided someone's going to be in the middle. for us, that's justice kennedy who's a solid conservative but

does vote to the left in a material number of cases. when it comes to health care there's any reason to believe he'll be right there in the center as well. >> reporter: the 75-year-old kennedy asked tough questions of both sides during the march arguments over the constitutionality of the affordable care act and the key funding, the individual are mandate, which could require most americans to purchase health insurance or pay a penalty. the justice wondered whether congress went too far. >> the federal has a duty to tell the individual citizen that it must act. and that is different than what we have in previous cases. >> well -- >> that changes the relationship of the federal government to to an individual. a very fundamental right. >> reporter: but some sympathy, too, for the obama administration and the unique aspects of health care in the national economy. suggesting perhaps the health insurance market was special enough that he could vote to uphold the mandate. >> this say question about state's rights which he cares a

lot about. it's a question about individual liberty and the relationship between the government and the american public. which he cares a lot about. and so it would be quite surprising if he weren't in the majority in the end. we don't know on which of the questions the court's going to divide 5-4, but if it does, he's likely to be the pivotal vote. >> reporter: such influence makes kennedy a target from the left and the right. critics say he lacks an over-arching philosophy and case by case approach has earned him nicknames, flipper. and kennedy comes from a family of judges, 37 years, the last quarter search ary on the high court. friends say he's a curious, simple minded intellectual with a taste for shakespeare and his beloved giants. john roberts pressed, too, both sides on health care argument.

to craft legislation with minimum court interference leads some legal experts to predict he, too, will vote to uphold the mandate. joe johns, cnn, washington. >> we'll see tomorrow. the next hour of "cnn newsroom" starts after a quick break. [ female announcer ] letting her home be turned into a training facility? ♪ this olympian's mom has been doing it for years. she's got bounty. in this lab demo, one sheet of new bounty leaves this surface cleaner than two sheets of the leading ordinary brand.

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-- captions by vitac -- www.vitac.com and good morning to you, i'm carol costello. thank you so much for joining us, just ahead in the "newsroom," flames tear through a colorado neighborhood,

scorching homes and forcing more than 30,000 people to evacuate. this morning, a new effort to try to contain thousands of acres of wildfires burning across the strait. plus, a u.s. senator heads to the senate floor to defend himself against a report in "the washington post." >> the story was unfair to my family. it was unfair to me, and fundamentally, it was unfair to your readers. >> we're taking a closer look at that report that called out more than 100 elected officials. plus, a big shift for a big-tech company. apple is changing its tune when it comes to how safe their computers are. but we begin this morning because it's just 24 hours, we'll begin at the supreme court. it's expected to hand down one of its most important decisions in years. justices will rule on president obama's health care law and whether the government can force you to buy health insurance. it's a momentous decision that could impact everything from

your health to the presidential election. >> the american people understand that we're not going to make progress by going backwards. we need to go forwards. [ applause ] they understand we don't need to refight this battle over health care. it's the right thing to do that we've got 3 million young people who are on their parents' health insurance plans that did haven't it before. it's the right thing to do to give seniors discounts on their prescription drugs. it's the right thing to give 30 million americans health insurance that didn't have it before. >> as you know, the supreme court is going to be dealing with whether or not obama care is constitutional. if it's not, if obama care is not deemed constitutional, then the first 3 1/2 years of this president's term will have been wasted on something that has not helped the american people. if it's not -- if it is deemed to stand, then i'll tell you one thing, we're going to have to voluntary a president, and i'm not one that's going to get rid of obama care.

we're going to stop it on day one. >> now, the u.s. supreme court could rule in a number of ways. here are the four most likely scenarios. the entire law could be upheld, or the entire law could be struck down. another possibility is that the justices could strike only the individual mandate. that's the requirement that most americans buy health insurance. or they could strike down the mandate and the bans on zrim makes. that is, insurance companies having to accept people with preexisting conditions. course, congressional correspondent kate bald wn is in washington. good morning, kate. >> good morning, carol, to remind the viewers what the justices are really considering, they need to answer really four main issues that they took up in miss monumental case that they heard oral arguments more more than six hours back in march. the main question is the centerpiece will the individual mandate stand or fall? the individual mandate

requiring, of course, that all americans have health insurance come 2014 or they pay a penalty. the second question is, if the individual mandate falls as struck down, does the rest of the law -- can the rest of the law stand? or does that need to fall as well? as, the court is considering does the law's expanded medicaid program unfairly step on states' rights. states argue that they're being coerced to take on more of the cost of the expanded medicaid program because more people will be joining that program. and finally, this is considered the sleeper issue, if you will, though an unlikely scenario, will the court call for kind of a legal time-out? because some would say under an obscure law called the anti-injunction act that the lawsuits can be filed until the entire law goes into effect which is after 2014. that's an unlikely thing to happen but, of course, the justices can do what they like. >> yes, they can.

we should know the answer by 10:00 a.m. eastern tomorrow. >> 10:00 a.m. eastern is when they will start. it's unclear how long it will take to announce the issues but we'll be there ready and waiting. >> kate bolduan, thank you. if the supreme court rules it's constitutional, who will foot the bill for this ping cnn has compiled a list. individuals who make more than 1 $200,000 a year will pay a medicare surtax. and if you use a flexibility spending account, the cap will be $2,500 and there will be new penalties. stay with cnn for complete coverage of the health care ruling. in about 20 minutes, dr. sanjay gupta will join us to explain exactly how patients can be affected. and of course, the supreme court's decision is expected tomorrow morning. we'll have team coverage. another big story coming out of colorado. and the images are as ferocious as they are mesmerizing.

here's the latest for you. right now, there are at least ten large fires burning. the total amount of land involved, nearly 170,000 acres and counting. the fast-moving flames are sweeping towards dense subdivisions and chasing 32,000 people from their homes around colorado springs. >> at the time, they told us -- they put us in a pre-evac situation, i thought, you know it will go flornorth of us, it go south, it will go further west. and then you step outside, you look across the drainage ditch there, sigh that hill on fire. that really smacks you on the face. >> cnn's jim spillman is in colorado springs. last hour, i talked to someone from the colorado springs fire department, she says people are terrified? >> reporter: they absolutely. yesterday in the evening, these winds picked up and went up to

65-mile-an-hour gusts. and not one, but two fire lines, in just a matter of a few hours tore into the subdivisions. we still don't have an accurate assessment of how many homes are lost. we do know the fire doubled in size. it's now over 15,000 acres. it's unbelievable how fast the complexion of this fire changed driven by the high winds, high temperatures and extremely low humidity. as this was happening last night, fire officials called for help from all jurisdictions, north, south, pueblo, abe thnyb that could help. even the air force academy has been evacuated. as you mentioned 32,000 people have been forced from their homes. all the hotels here are full. people are taking people into their homes. people are sleeping on gymnasium floors and shelters. it's become an extreme situation here in really just a matter of hours, carol. >> jim spellman reporting live in florida. in florida, a different

story, torrential rains are tapering off. debby is now a tropical depression. but it dumped nearly 2 feet of rain. leaving entire towns in knee-deep water. george howell is in the florida panhandle. >> it's your own place, of course, that's a little different. >> reporter: dodging power lines and low-hanging branches, we took a boat ride with larry and crystal pezek, as it took them through what used to be their neighborhood. >> this is the road that leads to our lane. >> i just can't believe the current in here -- the current is ripping. >> reporter: after passing several homes. >> down here on the left somewhere, i don't recognize anything now. >> reporter: the reality of what's left became painful apparent. >> that's our house there. >> reporter: the peseks evacuated but crews had to rescue dozens from their homes. >> the amount of rain we had, the water level came up so fast,

some of the folks didn't have time to pack their things. >> reporter: across, people are returning to their homes to find out what if anything is salvageable. debby made landfall last tuesday and is headed to the atlantic but not before the storm jumps another 4 to 8 inches of rain on top of the 2 feet that's fallen in some places. the water rose to the second floor in some homes. but the peseks are determined to start over. but they can't help but look back regretfully. >> we're safe. >> god will get us through it. >> george howell is live for us now. your heart just goes out to those people. >> carol, you know, i just heard some news a few minutes ago from one official who said in this particular county, the rivers are still rising. we're also hearing about problems in pasco county. we know at least 7,000 people, that's a new figure we just

learned, 7,000 people have to evacuate. also in nearby hamilton county, they are dealing with the same issues. floodwaters rising from the fast-rising rivers. all the convergence coming together and flushing out into the gulf. >> and just to listen to the pescos, they have to actually rebuild their entire house? >> that will be a process. you know, first of all, they will have to wait, carol, for all the floodwater to recede. then there's always a concern about snakes, alligators, things like that that get washed up when you have so much rainfall in such a short amount of time. you know, could take a week, could take more for the waters to go away. then that process will start -- start rebuilding. >> george howell reporting live for us. thanks so much. it's a chilling sign of the times and one sure to ripple through cash-strapped cities across the country. as early as today, stock in california will having the largest city in the country to

declare bankruptcy. city council paved the way in a vote that infuriated city employees and homeowners. >> we have appointed you and we put our faith and trust in you. you have disappointed us and let us down. the world is watching, thank god, so they can see we're victims of a society that's failing us. >> the decisions that you're making tonight are effectively throwing a grenade in my life and destroying everything that i've worked for. >> stockton is saddled with a crushing $26 million deficit. city officials say they'll continue to pay employees, vendors and service providers but withhold payments on dead service. your congressman may be trading stock in the same companies lobbying their committees. we're talking about 130 members of congress and more than $85 million in trades. but get this, none of that against the rules.

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checking the top stories now. new details about the trayvon martin story. a police report says george zimmerman passed a lie detector test the day after he shot and killed martin. it also says martin had two opportunities to identify himself and defuse the situation. a wildfire near colorado springs has chased 32,000 people from their homes and it's only about 5% contained. fire also poses a danger to the air force academy. in money news, the irs raked in more than $5 billion from tax

cheats to its voluntary disclosure program since 2009. so far, some 33,000 taxpayers have fessed up. the disclosure programs lure tax evaders by reducing penalties and the promise to reduce jail time as long as they reveal their off-shore bank accounts. check out this video. clearly this man was over his head. the police say this man tried to break into a rent-a-center store. but as you can see, his head got wedged understand a medal door. nathaniel hernandez was tuck there nine hours. >> it's might be outraps, but it's not against any rules. 130 members of congress or their families have traded stocks in companies while making the laws that directly affect those same companies. according to a "washington post" report, 68 democrats and 32

republicans have taken part in this practice. in all, they have traded between $85 million and $218 million. and these companies are registered to lobby on the legislation that appears before congress. but the report doesn't show evidence of insider trading, nor does it show violations of the stock act which was made to prevent this kind of thing. instead, the report highlights potential conflicts of interest, like senator kent conrad whose wife made changes to her accounts the day after conrad had a phone call with the treasury secretary. conrad made the extraordinary move of standing up for himself on the floor of the senate. >> to "the washington post," i respect you, i've had a very good relationship with you for a long period of time. but your story was unfair to my family. it was unfair to me. and fundamentally, it was unfair to your readers because the graphics you supplied with the

story failed to provide a full or fair timeline. >> kimberly kindy is a reporter for "the washington post." she worked on the analysis. welcome. >> thank you for having me. >> how does it feel to be smacked down on the floor of the senate? >> well, i think what the senator said, and i, you yo, respect him taking time on the floor to defend himself. i mean, the bottom line is he said that there was nothing factually inaccurate with the story. the problem that he had was that he wants the american people to trust that he did not have conversations with the treasury secretary that provided him with critical information about the economy during the financial crisis that he then used, within two business days, to -- which was the standard that we looked at, to inform his own financial transactions. i mean, really the point of the

story is to point out that members of congress do not allow the treasury secretary to do that. treasury secretary paulson, what he was working on with members of congress to come up with ways to deal with the financial crisis, working on legislation, et cetera. they had preemptively said you cannot trade in financial stocks. you cannot trade in municipal bonds. you can't own treasury securities, notes and bills. we preemptively prohibit you from doing that because if you're going to work on things that are going to restructure, fix, deal with the economy, then that's going to be a conflict for you. but they do not prohibit that of themselves. >> but not a conflict for us, right? but senator conrad said -- i mean, he wasn't the one who called his financial people. it was his wife. >> right. well, husbands and wives do speak to one another. the trouble with the existing laws and rule as they're written is do you have to trust members of congress. they said we don't think that's

a good standard as the executive branch. we can't just merely trust you when you tell us, hey, really, i didn't have confidential information that i acted on. they say, no, you need rules in place so you can't act. to take any question of it off, you know, off the table. but they don't do it for themselves. if you're on the energy committee, you can actively trade in oil and gas companies. at the same time, you're writing legislation that would affect those companies. that applies for every committee. >> and they're lobbied by very powerful lobbyists, right? >> absolutely. >> i remember this whole insider trading scandal and members of congress. then they passed the stock act. and president obama celebrated that. is that -- i mean, that doesn't apply to this? so the is stock act really that important? >> well, you know, what it did was very limited. and i'm not going to say that it wasn't important. i mean our financial disclosure system, you find out they only disclose their trades -- there's

all kinds of problems with the financial disclosure system. i'll limit it to one the thing they fixed. instead of annually, we're going to get it every 45 days. so it's not realtime. another example, when the enron scandal happened, they said that corporate officials had to publicly disclose their trades within two business days. there was a member of congress who tried to, with the original stock act, apply, get this fellow colleagues to pass the same rules for themselves. 48 hours. they fought it for six years. and then finally under some pressure, they finally agreed to every 45 days. so it's not perfect. it's not realtime disclosure but it's getting a little better. it clarified something in the law, if you get information that's not not public, nonpublic information on capitol hill, you can't trade on it and make -- and make a profit and it be legal now, if you're a member of congress. all of those things that we wrote about, totally permitted, still. >> always a way around the law,

especially when the lawmakers make the laws. thank you very much, kimberly kindy, we appreciate it. nora ephron had a voice in hollywood, often a funny one like in when "harry met sally." >> yes! yes! yes! oh, oh! >> i'll have what she's having. ♪ auld lang syne >> i love that movie, hollywood reacts to nora ephron's death. and some difficult ones. but, through it all, we've persevered, supporting some of the biggest ideas in modern history. so why should our anniversary matter to you? because for 200 years, we've been helping ideas move from ambition to achievement. and the next great idea could be yours. ♪

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more time. >> yes! yes! yes! oh. oh. oh. oh, god. oh. >> i'll have what she's having. >> oh, that's from "when harry met sally." of course, nora ephron received an oscar for the screen play. hollywood is mourning her loss. entertainment reporter michelle turner has the reaction. what are they saying? >> yeah, you know what, all positive, wonderful things about her, carol. such an influential writer. she helped create so many scenes in romantic comdis. many of hollywood's biggest stars are remembering her and her impact on show business. let's begin with billy crystal who starred in "when harry met sally." he said, i am very sad to learn

of nora's passing. she was a briel yant writer and humorist. being her harry to melg's sally will always have a special place if my heart. i was very lucky to say her words. and tom hanks and his wife rita wilson released the following statement. they said, nora ephron was a journalist, artist, who new what was important to know. how things really worked, what was worthwhile. who was fascinating wind. at a dipper table and on a film set she lifted us all withes withsome and wit mixed with love for us and love for life. yeah, we loved her movies but i really loved her op-ed pieces in "the new york times" and the. . . she was such a witty writer. >> she was working right up to the end. she will be truly missed. let's go from really classy to really not.

>> yeah. >> and the drink brawl -- what's new? >> you know, that's a darn good way to put it. yeah, we're kind of hitting you with hill layerty at the end of that good stuff there. chris brown versus drake. get this, a celebrity boxing promoter is looking to capitalize on that alleged night between the two and then entourages by offering them $1 million each to duke it out. and the promoter david feldman wants rihanna to be the ring man at the match. i swear, i'm not making that up. feldman says he hasn't heard from brown, he hasn't heard from drake. but he's 99.9% sure that rihanna will pass. he's put on boxing matches before tour jose canseco and lindsay lohan has father michael. they say any proceeds from this boxing match would go to waters women's charities. so that could be something --

>> oh, that's disgusting, though. come on. >> well -- listen, if it helps give some money and some awareness to abuse to which chris brown has been so famously involved with rihanna, but maybe that could be redeeming. >> i'll try to ignore the whole hypocrisy of that. but it's hard. initi nichelle turner, thank you so much. >> we've got you covered on "showbiz tonight." and the high court will break doubt the supreme court possible ruling and what it means for your health.

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just about 30 minutes past the hour. checking our top stories now. the countdown under way for tomorrow's supreme court decision on obama care. the justices looking at several aspects of health care reform laws, including the requirement that nearly everyone buy health care. by health insurance, i should say. the court will decide if that part of the law is constitutional. in colorado, at least ten wildfires are burning, including this one north of colorado springs. it's not known how many homes have been lost to the waldo canyon fire, but it has forced the evacuation of at least 32,000 people. flames are now getting close to the air force academy campus. across much of florida, the rains have stopped but the floodwaters aren't going anywhere. debby is now a tropical depression, but only after dumping nearly two feet of rain in some areas. some towns still knee deep in water. as we've been telling you, tomorrow is a critical day for both the future of health care and for the obama

administration. as the supreme court has said to issue a history-making decision on the president's health care law, the justices would rule in a number of way, including upholding the entire law or striking it down. the court could also rule that parts but not all of the law violate the constitution. moments ago, republican house speaker john boehner had this to say about the supreme court's ruling and what might happen after it. >> we made it pretty clear, and i'll make it clear one more time. if the court does not strike down the entire law, the house move to repeal what's left of it. obama care is driving up the cost of health care and making it harder for small businesses to hire new workers. our focus has been the economy and it will continue to be the economy. >> the impact of the supreme court's ruling will reach far beyond washington. here to talk about what's on the line for you is our chief medical correspondent, dr. sanjay gupta. he's also a practicing

neurosurgeon at a public hospital in atlanta. and he worked in the white house during the clinton administration. good morning, sanjay. >> good morning, carol. >> so if the entire law is thrown out, will anyone notice? because most of it hasn't been -- you know, won't go into effect until 2014. >> no, that's a good point. i think the immediate impact will be probably pretty minimal. and by the way, a lot of the big insurance companies, we've been talking to some of them to sort of get an idea of what they would do. under the different scenarios that you just presented. there's a chance that a lot of the insurance companies will say, look, the entire law was not implemented but what's been implemented so far we're going to keep. some of the health insurance companies may just decide to do that on their own, but they don't have to. it's not going to be the law, obviously, if this is overturned. so, you know, it's a little bit of a question mark right now, carol. >> oh, so many question marks. there say chance the supreme court could throw out the individual mandate, you know, the requirement that all of us buy health insurance?

and also throw out the ban of preexisting conditions so insurance companies wouldn't be forced to accept everybody. so if that scenario. whats, what key provisions would be left? >> well, that's a good question. and that is quite a likely scenario, the one that you described, if they throw out the mandate, then this ban on discriminating for preexisting conditions may go out with it as well. keep in mind, carol, there's 450 provisions to this bill. so there's lots of other things, potentially, let me tick off a few of them that i think are important in terms of what it hey. again this is based on our reporting with insurance companies. if you have insurance and you become sick, can't be dropped. right now, you could be dropped by your insurance company. no lifetime limits. that's a big one, because when people get sick, they get that lifetime limit very quickly.

co-pays on preventive care. and then the employers having to provide insurance. representative boehner was just talking about that. the last one say big one. i hear about this so much from people, especially in that age range, who say, i finished school, i've gotten out of school. and i can stay on my parents' plan until age 26. that could remain as well. incidentally, carol, it makes small businesses much more likely to hire people in that age range because they already have health insurance. businesses don't have to provide that health insurance for them. >> here's a question, we all do a good job of blaming the government or hospitals or insurance companies for the high cost of health care. what do americans think? are there any polls out there that show that? >> in terms of what they think about this plan, you're saying? >> who's to blame for the high cost of health care costs, i should say? >> well, i think in part, we're to blame. meaning the citizens of the country. you know, i'll preference by saying, if you look across the world, carol, no one does a terrific job at controlling

health care costs. all countries, regardless of the types of insurance funds they have, health care costs have been going up. clearly, i think to your point, in the united states, it's been really out of sorts. i think in part, you know, consumers, if you look at us as a whole, we're very overweight or obese, for example. close to three quarters of adults, 64% are either overweight or obese. 1 in 5 people smoke. these are both things that can lead to increased health care costs. just personal responsibility. let me make a larger point, i think an important one, carol. that is health insurance alone does not lead to good health. you and i both know plenty of people who have terrific health care insurance but aren't in terrific health. and part of it is they don't do a lot of things that we talk about. they don't go see her doctor, they don't get preventive services despite the fact they have good health care.

on 10% got services. >> i'm one of them. you're right. >> this is part of it, 85% of the country has health insurance. that's the other side of this equation. but a significant percentage of them do not see their doctors. do not take adequately good care of themselves. do not get the preventive services so there's a second boat to this story, carol, which we're going to keep doing. >> dr. sanjay gupta, thanks so much. >> you got it, carol. as we wait to see how the u.s. supreme court will rule on the health care problem, mississippi is one of the 26 states fighting it. even so, mississippi is moving ahead with another provision of obama care. that is, building an online insurance exchange. the state's insurance collisioner mike cheney is joining me. welcome, mr. cheney. >> good morning, carol. >> first of all, explain what the exchanges are for our viewers? >> exchange is a place for an

individual for health insurance employees to buy health insurance for themselves individually. mississippi has had that exchange for the last four year, actually since massachusetts passed their exchange. it came out at the heritage foundation. an exchange is not a democrat or republican idea. it's a universal idea. it's way way to market insurance to reduce the costs and go to consumer's options. >> i was going to ask you, mike, how exactly does this make insurance cheaper for those who can't afford health care? >> it gives the consumer a lot of choices, carol, that they don't have today. there's no guarantee that it will be cheaper. it's a marketplace, it's a paradigm shift to what we've been accustomed to in the past. exchanges as i said, is a universal idea, something that came about before the affordable care act was actually passed. >> so are you accepting federal money out of the obama care provisions to set up these exchanges in mississippi?

>> we're taking the federal money to set up exchanges in mississippi. our goal is to have an exchange that will comply to federal law, so if the court upholds the affordable care act. if the court does not uphold the affordable care act, our goal then is could-to-have an exchange, a pre-market type exchange to market health insurance on the marketplac marr employers. we have a portal, www.onemississippi.com. it's o-n-e. you can look at it, and consumers can, too. >> and then a final question, you're republican, but you said that the exchanges are not a democratic or republican idea. the whole health care law, as republicans call it dericively,

i might add, in your opinion, is obama care a good law or bad law? and what should the u.s. supreme court do since you're implementing what's in obama care? >> let me answer that two ways, carol. one, i didn't have a vote on obama care. as you all call it, i call it the affordable care act which is the proper name. if i had a vote, i would have voted against lot very simply. there are a lot of parts of that law that should not be included in statutory law. i think that puts the court in a precarious situation of trying to rule on constitutionality of individual mandates, tier one on medicare and medicaid. it presents a host of problems for the court. nobody knows what the court is going to do. i have no clue as to what they're going to do. you look at the second mandate that general washington put out when he got people into the army, the mandate that you supply guns and all the things that you needs, the courts could

argue that's what we're doing here. i don't know what's going to happen. i don't think anybody does except the justices themselves. >> i suspect you'll be watching. >> i'll be watching big time. we've taken over $20 million of federal money to set up our exchanges here in the state of mississippi. we've been very upfront saying, we're going to take the money, set it up, without using state dollars if we can. we hope the exchange, and we believe the exchange can operate without any state money or federal money being involved if it's free market. and that's our goal. i had great support from haley barbour. three years ago, i served in the legislature when haley had his term. i understand his process. i've known haley for as you 50 years. so we think alike. we believe in free market solutions to complex problems. that's our approach to this problem. it's an insurance problem. it's ironic that i, as a missioner, are dealing with

health care benefits when i'm usually a regulator. i'm up for the challenge. >> you are. thank you for being with us. thank you, mr. cheney. >> what gadgets can we expect from google? maybe a tablet? we'll have a live report from google's developers conference. yes, that's going on in san francisco. and interesting things are coming out of it. we'll tell you. hey, the new guy is loaded with protein! really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat, too, and has 5 grams of sugars.

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in just the last 30 minutes, republican house speaker john boehner said the house will go forward with a contempt vote against attorney general eric holder. boehner claims holder is with holding documents relating to the government's botched gun sting fast and furious. joe johns joins us from capitol hill to tell us what mr. boehner said. hi, joe. >> hey, carol, as you know, generally, when you have things like this that come to a head they get negotiated out before you get to the final conclusion which would be in this case a vote on contempt on the floor of the house of representatives. there have been behind the scenes talking as recently as last night, but clearly, no solutions have been reached. the speaker of the house just a little while ago talking in the basement of the united states capitol, says he now does plan to proceed with that vote contempt against attorney general holder. listen. >> brian terry's family has a

right to know what happened. the american people have a right to know what happened. and we're going to proceed. we've given them ample opportunity to comply. even as late as yesterday. the white house sat down with some of our staff that outlined what they'd be willing to do. unfortunately, they're not willing to show the american people the truth about what happened. it's an unfortunate -- it's an unfortunate place where we are. but our members raise their right hand and swear to uphold the constitution of the united states and the laws of the united states. we're going to do our job. >> of course, the back story here is about the national rifle association, a very powerful lobby here in washington, d.c. they are counting this vote, they tell me which means there will be very likely be some democrats who will very seriously consider voting against attorney general in

order to preserve their nra rating. i talked to the national rifle association just a little while ago. they tell me they have actually heard from some democrats in our nra supporting districts, who say they will be voting against attorney general holder. so why is the nra doing this? well, they say, they believe the "fast and furious" operation which is at the root of all of this actually was a part of a larger gun control strategy, if you will, which is something the nra is very much against. i asked speaker boehner if there was evidence of that. he said he never said that in the first place. so that's something that's coming out of the oversight reform committee. we're asking around the hill, carol, for evidence of a larger gun control strategy in the "fast and furious" operation. >> democrats call it a conspiracy theory. and some republicans say that's why the government isn't turning

over those doubts, because the obama administration is secretly creating this gun control thing. and these doubts will show that what's what "fast and furious" was really about. >> absolutely. there's also some suggestion that the chairman of the oversight committee darrell issa has actually said he's gotten ahold of an e-mail alert that seemed to point in that direction. and we'd like to see that e-mail ourselves. >> yes, we would, wouldn't we? joe johns, you work on that. >> thanks, carol. >> thank you so much. big shift for apple. apple now changing its tune when it comes to how safe apple computers are. as in viruss? hmm. maybe the apple is not so immune after all. ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band.

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this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. apple now admitting it's not exactly immune to viruses these days. alison kosik is at the new york stock exchange. this is disturbing, alison. >> it's disturbing, but it's not that surprising. think about what apple is like. when it announces a product, it's not shy. it pops up its feathers and makes new announcements. here's what's happening. the company was so ironclad with its security. you know how people learned about this? with a blog called naked security.

if you actually go on the website and look at why you love a mac page, the language used to be it doesn't get p.c. viruses. guess what? it's changed. it now says it's built to be safe. what happened here, a big trojan virus affected more than 500,000 macs back in april. apple has bragged how safe its operating system is compared to windows. with more and more people buying macs, the odds of getting a virus goes up. apple has to put its pride aside. apple says regardless what operating system you have, carol, meaning you the user, are at biggest risk. you always have to keep your programs up to date. you know those attachments, don't just download everything that comes your way. >> i know. i learned the hard way. alison kosik, thank you so much. what's coming up from google? will it enter the tablet market? we're about to find out with the

giant kicking off it's developers conference today. dan simon is with us. >> reporter: we remember when the battle it was between google -- i'm sorry, it was between apple and microsoft. today's battle is between google and apple. iphone versus android. now we're looking at google's i.o. conference, i.o. stands for input and output. you've got thousands of developers coming to downtown san francisco to see the latest android products. at this point, carol, you really have to say it's advantage google, right now, when it comes to smartphone market share, google now has about 62% of the global market share. so we'll see what google has up its sleeve in about two hours from now. carol. >> what about that tablet? >> well, it's interesting, you know, most of the tablets that

have been released have been flops with the exception of apple's ipad. so google expected to introduce its own tablet today. we believe it's going to be about seven inches, smaller than the ipad. retailing for about $200. and this is really sort of to block what microsoft came out with last week and amazon's kindle fire. we'll see how the tablet does. it should enter the market pretty soon. of course, anytime google unveils a product, it's a big teal. >> dan simon reporting live from san francisco. what is an olympic no-no? a woman in a bikini or a man in a speedo? if you ask one olympic swimmer, the answer is painfully clear. he was there for us, even if we needed him in college.

you could call him, you had his phone number. he was just focused on making sure we were gonna be successful. he would never give up on any of us. in that time there've been some good days. and some difficult ones. but, through it all, we've persevered, supporting some of the biggest ideas in modern history. so why should our anniversary matter to you? because for 200 years, we've been helping ideas move from ambition to achievement. and the next great idea could be yours. ♪

an update now on karen klein, grandmotherly bus mother who was tormented after a group of middle schoolers. after the video of that went viral, the donations came pouring in. the man who operates the raise. his initial goal was 5,000 bucks. and so far the total so far 660,000. klein has said she may invest some of the money and also donate some of it. also, this morning, the

olympic rings are now on london's iconic tower bridge. it marks the final countdown to opening ceremony just 30 days away. the rings are showing up all over london as the city prepares for the games which you better hurry if you want to go. the bbc is reporting 80% of the tickets have been sold. finally this hour, what's with australia? land of wolverine hugh jackman, vicious are dingos and naughty olympians. sake a look at stephanie rice. according to sports this is a no-no, too skimpy, not dignified. have australians ever seen photos of michael phelps in a speedo? let's see that speedo. or america's newest sensation ryan lochte? australia wasn't happy with that, either, even though nick

darcy and kendrick monk were in the shooting range. what could be worse, a naked australian wielding weapons embedded in his hands? that would have been so much better with the sound. anyway, the lesson here -- i'll leave that to you. and i'll say good afternoon, and thanks for joining me today. i'm carol costello. s "cnn newsroom" with kyra phillips continues after a quick break.

and hello, everyone, i'm kyra phillips. 11:00 on the east coast. 8:00 out west. what happens when two feet of rain falls in three or four days? well, florida gets hammered. and debby's fought done yet. the u.s. attorney general under fire for a borned gun-running plan. eric holder in contempt of congress. and former u.s. attorney general alberto gonzales is here. he'llw weigh in on holder. president obama's health care law, the supreme court could keep parts of it or strike it altogether. is the individual mandate constitutional? if it is found unconstitutional, does the whole law have to go? or can the mandate be instruct