(cheers and applause) >> stephen: welcome to the report, everyone. good to have you with us. sit down. thank you, citizens all, welcome to the report. good to have you with us, folks. as you know, i am a huge supporter of republican candidate rick perry spelled with an a. he is a winner spelled with a g for awesome. now unfortunately his name is being sullied by rick perry with an "e" "the washington post" reports that the rick perry family hunting camp once had a racially charged name. it is a hunting camp was evidently called-- okay--

(laughter) how do i put this. okay, okay,-- (laughter) okay, you know what, it says-- somebody help me out here. >> i know that you are refraining from saying that word so i'm going to say what the word was on the rock. the name of the plates was called niggerhead. >> stephen: thank you. of course herman cain can get away with it because it's okay for black people to call each other's family hunting camp that. and folks, this is trouble for perry. but i say this controversy over camp-- um -- >> niggerhead-- (laughter) >> stephen: yes, i say it is much ado about nothing. many presidents have vacationed at questionably named resorts. for instance for instance,

chester a arthur spent all his summers at thieving hinaaman springs. and richard nixon used to go fly-fishing at jews control the media creek. even barack obama spents a lot of time at camp david which until recently only admitted white presidents. now-- (applause) (cheers and applause) folks, let's be fair. now perry says they changed the name a long time ago but i say who cares. i am sure the original meaning of -- >> niggerhead-- . >> stephen: yes, that word, was totally innocent. as a commenter on the conservative blog red state pointed out the word in question is a technical term. meaning many things such as the striking weight on a pile driver and isolated coral head notorious as a navigation hazard or a black iron post for mooring ships. see t just meant anything

that was dark and bothersome that you would pound on the head or tie a rope around. nothing offensive about it, okay. let's move on. folks, today is the first monday in october. the season-opener of my favorite sport, supreme courting. now some sayt's not actually a sport but i say it's got a court like basketball, as much excitement as baseball and more black people than hockey. and as for all sports, i have made my famous nine layer dip. one layer, one layer for each justice, although the thomas layer and the scalia layer taste exactly the same. and folks, i am, i think that was not refrigerated. and-- i am pumped. because there are some

ethics cases coming up this season. secv fox television. fox is defending broadcasting expletives during the billboard awards. expletives like what the [bleep] are the billboard awards. but folks, bleeping expletives. let's bleep that out, okayment but everybody knows the big matchup on the schedule. >> omo bamacare headed for the supreme court. >> obamacare, is it unconstitutional. >> the supreme court might rule. >> the challenge to the president's health care law officially reaches the highest court in the land. >> yes, these nine justices could kilo bamacare. i told you there were death panel-- pels. now folks, the heart of this case is the individual mandate. which will require all uninsured americans to purchase health insurance. and the only preexisting condition that will cure is liberty.

>> jim? >> when the federal government can tell any american that they can-- that they must as a condition of citizenship purchase a product or service, they will become a dictator over our lives. >> congress has never crossed the line between regulating what people choose to do, and ordering them to do it. >> never before in the 225 year history of our country has the federal government said you had to buy anything. >> stephen: yes, the government cannot force you to buy things. it can only tax you, draft you, seize and sell your property, arrest you, incarcerate you and execute you. (cheers and applause) >> stephen: but it canno cannot-- folks, it cannot tell you to buy insurance. only a gekko can do that. the supreme court has got to kill this thing. alleged canada john huntsman explains. >> a $1 trillion bomb that

obamacare means to this country over ten years, is creating such uncertainty in the marketplace. >> stephen: yes, it is creating uncertainty, before obamacare we had certainty. we were certain that 45 million americans were uninsured. and that certainty was great for small businesses like funeral homes and headstone carvers. and folks, this case is going to be a real nail-biter which is fine because my insurance covers cute caltrans plants. nobody but nobody can predict how the supreme court is going to rule on this one. here to predict how the supreme court is going to rule on this one, please welcome cnn analyst and author of the nine, jeffery toobin. thanks so much for coming back. good to see you. okay. (cheers and applause) >> stephen: all right, jeffery, let's talk about the issues here. i'm sorry, did you want some dip? >> that's okay. >> stephen: all right. now let's talk about the issues at play here.

what is the interstate commerce clause. does that regulate the guys who sell the oranges on the off-ramp at the interstate. >> no, no, it's the part of the constitution that says the federal government can regulate anything related to interstate commerce, which the supreme court historically has interpreted very broadly. >> stephen: what has that got to do with this. >> well, the obama administration says that the health-care industry is 17% of the economy and all of the transactions lumped together have a big affect on interstate commerce. so it's appropriate to regulate about it. >> stephen: and this is going to settle it once and for all, right. >> they are final. >> stephen: now why is the obama administration not fighting getting this to the court. because they're going to have their ass handed to them, right. >> well, no, we don't know that. >> stephen: come on. >> they think they're going to win. >> stephen: can the government force you to do something like that? this isn't saying you cannot do something, this is saying you must do something. when has that ever happened. >> the government tells you to do all sorts of things.

>> stephen: but they don't make you buy things. >> well, they, sometimes they do. >> stephen: when. >> not often. >> stephen: but-- hold on, hold on, hold on. legal analyst. >> what. >> stephen: checkmate, i'm sorry. this shows how hard of a case this has been because i'm pulling my arguments right out of my ass. >> that's true. >> stephen: i don't know what the hell i'm talking about, you are a legal analyst and i've got you on the ropes here. >> you do. but the tax, they tell to you pay tax, that's also part of the case, the taxing power. >> stephen: if they called this a tax wouldn't that have been a different case? >> well, some people said they should have called it a tax but then politically it would have been harder to pass because to be wants to have taxes passed. >> stephen: so how do you think that both sides are going to craft their argument? it is going to be 5-4, at some point, right. >> it often is, it probably will be. >> stephen: who does it come down to. >> anthony kennedy. >> stephen: o so again it comes down to kennedy. >> usually. >> stephen: so are they going to craft the argument

its straight at kennedy or are they going to try to dig down looking for something that might appeal to him. >> absolutely. that's how they write these they cite cases that he's written in the past. they very much focus their arguments on him. >> stephen: are you looking particularly handsome today, justice kennedy. >> that may happen. >> stephen: is there any chance that the justices will have to all recuse themselves since they have government health care. >> i doubt that. i doubt that. >> stephen: well, is anybody going to have to recuse themselves? (applause) >> you know, justice thomas's wife has been very outspoken, against the healthcare law. she's a political activist and some people say he should recuse himself you. >> stephen: and kagan works for the obama administration. >> correct. some say she should recuse herself. >> stephen: she has o billion-- obama on her. you can't wash that off as far as conservatives are concerned. >> that's true. >> stephen: you wrote a great book on the supreme court called the nine. are you -- >> it was fantastic.

i enjoyed it i didn't get around to reading 1 through 8 yet. do you have another one coming. >> i do, next fall. >> stephen: sequel. what would you like to have happen on the supreme court, you know, to make your book exciting, tiger attack. >> i would like a 5-4 decision that sets the country on fire one way or the other. >> well, i certainly hope the country burns to the ground so you can sell some books. >> absolutely. >> stephen: jeff erie toobin, thank you sop much. cnn senior legal analyst jeffery toobin. we'll be right back. thank you so much. (cheers and applause) ♪ swing music plays ♪ ♪ swing music plays ♪ ♪ swing music plays ♪ ♪ swing music plays ♪

>> stephen: welcome back, everybody. nation, thank you so much. folks, there is danger around every corner but don't forget the corner itself. they can be surprisingly sharp. this is the threatdown. (cheers and applause) first up, folks, horrifying news out of the ukraine. for more we go to ct i want to say 5 with a line down the back. ukraine's news leader.

i know what you're thinking. (laughter) >> stephen: bear in a cage and a large bald man, clearly ukrainian love story. but no, the ukraines environmental minister and white ving rhames mykola zlochevsky have vowed to put an end to the ukrainian practice of forcing bears to drink vodka for human entertainment. and that brings us to threat number three. bears in rehab. (laughter) folks, we cannot have bears-- we can't have bears go through the 12 step program. first off, they'll eat their sponsors. how can they accept a higher power when their godless killing machines. they may be going cold turkey but that cold turkey is just an appetizer for hotman. keep them drunk. next up, a disturbing story out of connecticut.

>> he says he awoke and heard a loud noise. he came out on to his desk, looked down and right here at his birth year was a giant bear. the bear stayed in his backyard for about half an hour chomping away at the food inside the bird feeders. >> stephen: nothing to see here, innocent enough but listen to the man's name. >> rich colbert says both times the bear has been here has gone after his bird feeder. >> stephen: rich colbert, folks, clearly i'm being hunted. they've heard about my anti-bear stance and this bear is going through all the colberts in the phone book looking for me. where-- (applause) >> stephen: where have i seen that before. (laughter) which brings me to threat number two. bear terminators. now folks-- (applause) i'm not saying that he's a

cyborg bear, that would be insane. i'm just saying he's a bear sent from the future to kill me, mankind's only remaining hope in the inevitable bear war of 2025. and richard colbert, the bear's already up to the rs. next, next-- next comes-- next comes rodney, ronald, rupert, then sammy, sergio and simon. then me. (laughter) so if any bears ask you, this is stephen colbert. okay? (applause) >> stephen: oh, and bears, bears, he tastes like honey. don't ask me how i know. finally, folks, there's a new kind of burglar preying on california. >> a black bear takes a wild ride after stealing a car. take a look at the wreckage of this prius, a black bear

climbed completely into it while the car was parked outside a lake tahoe cabin. it somehow hit the gear shift and ended up driving the car backwards. >> stephen: apparently a bear also shifts in the woods. (laughter) but folks-- (applause) true story, true story. but folks, this prius driving ersine brings me to the number one threat in america, sanctimonious envie ro bears. it is bad enough they eat organic salmon, ride around on bikes and are literally tree huggers, now they're driving hybrids. so now instead of malling you to death, it will bore you to death byiamering on about how your water bottle is leeching bpa into your body. plus these grr-nola munchers

are just a bunch of hypocrites. i happen to know that they litter the arctic with their coke bottles and never use recycled toilet paper. we'll be right back. ford fusion has now been named the most dependable midsize car by jd power and associates. we go to kimberly.

any thoughts on this news? i have no idea what's goin on. we are out. what was that? they told me it's the most dependable midsize sedan and they ran back into their little box.

>> stephen: welcome back, everybody. my guest tonight has written a new book, your medical mind, how to decide what is right for you. step one, don't get sick. please welcome dr. jerome

groopman. (cheers and applause) good to see you again, jerry. all right, let's get your bon a feddest out here because they're not unimpressive, first of all you're a professor at harvard medical school and chief of experimental medicine at beth israel deaconess medical centre. you are a new york staff writer and you have a new book called "your medical mind: how to decide what is right for you" so are you saying that i get to decide on my treatment? >> i-- why did you go to medical school. >> i went to medical school to help you understand the risks and benefits as an individual are. so you can put your values into the decision. >> stephen: but i come to you. i'm sick. and by the way did you bring your prescription pad

tonight. did you bring anything like that. because i hear there is a cough syrup with vicodin that whatever you need for that, i've got that. >> jeff toobin will represent me. >> stephen: fantastic. but if i'm a deathly sick person, do i want to you take over to tell me what's best for me? because i'm dealing with the stress of being a terribleably sick person. >> i can help certainly guide you and explain to you what the risks and benefits are. but i need to know from you what your personal approach is. what your philosophy, how much risk do you want to take. how do you perceive the benefit. >> stephen: that's not what house does. (laughter) that is even what marcus welby did. tv doctors don't do that. >> right, and those are the best doctors. (laughter) >> the marcus welby era is over. because medicine is not black and white. there's a large gray zone. for example, look at mammograms.

>> stephen: i-- i-- (laughter) i-- i was going to say-- i got caught once and i don't any more. but go ahead. >> the mammogram what age should they begin. how often should they be performed on a woman. four different expert groups come up with four different recommendations. high cholesterol, should you take a statin pill or not. what is your risk of a heart attack. do you want to take the risk of the side effects, muscle pain, indigestion, liver problems, so it's very individual. >> stephen: so if i'm a patient what should i do before i talk to a doctor. i mean obviously i'm checking web md and hi will want to get a second opinion from either wick pedestriania or twitte twitter-- wikipedia or twitter and then order some cheap canadian viagra through e-mail. what else can i do. >> so first is what is your personal approach, are

you-- do you want to do everything and more. >> yes. >> or are you a minimalist. do you want to do just the minimum necessary. other people look to technology, the latest, greatest, newest drug or procedure. and most importantly, perhaps, are you a believer. do you really think there is a solution somewhere for your medical problem. >> stephen: i do. because if there isn't, then i will eventually die. (laughter) >> stephen: and that is not acceptable, doctor. check your oath. >> right. >> stephen: first, no one dies. second, do no harm. >> right. that's an impossibility but there are people who are doubters. people who think is the treatment worse than the disease. so the first question you should ask yourself before you see the doctor, and then to ask the doctor is if i do nothing, what is my risk for a heart attack if i have a

high colest ral or what my risk of dying if i have prostate kanner or whatever. that is the starting point. that is the key question. and then your individual values, your mind-set is molded to that information. >> stephen: you're a doctor. >> yes. >> stephen: is what you do interstate commerce. >> well, we certainly use drugs and have procedures and instruments that cross statelines. >> stephen: so. >> so it is. >> stephen: it is. are you going to testify before the supreme court. >> no. no, i'm not. but i do believe that there should be universal coverage in this country. (cheers and applause) >> stephen: you see, doctor, this is why it's answers like that is why we always have to have secretary opinions. (laughter) dr. groopman, thank you so much for joining me, jerome groomman, the book is your medical mind. we'll be right back.

within that is it for the report, everybody. good night. captioning sponsored by comedy central captioned by media access group at wgbh access.wgbh.org