with maria tomorrow about the favorite and largest super store. lands' end fred marchionne is going to join them and you'll want to see that. and i'm tossing to stuart varney. you've gotten me shaken up. it's a live toss to you. you caught me and it's all yours sir. stuart: you sound all shook up. summer has officially begun, hey california you can still only take a short shower. good morning on this monday morning a great way to start the week a solid win for your money. the dow is set to open with a triple digit gain. why would that be? investors are hopeful that today greece will blink and give up concessions for a short-term deal. sigh of relief the dow is up.

and the supreme court on gay marriage and subsidies. i was gripped by two days by this, golf. dustin johnson lost the championship in the last part of the day and a new golf savior emerged with jordan spieth. and yes, the greenies screwed up the course. and the dow goes beyond says art laffer. we cover that here on "varney & company" which is set to begin. >> jordan spieth has won the u.s. open. stuart: that was dustin johnson missing the putt. that's why jordan spieth won.

okay? and he handed the championship to jordan spieth. jordan spieth has now won the masters and u.s. open. we are calling him golf's new savior. we are going to be talking about it throughout the show and calling the action 11:15 if you want to see the great shark or the shark, i think he's called. he's on the show. look where your money is oping oping-- opening this morning, a big rally. and when it opens in 18 17 minutes from now. i want to get to apple, it caves to taylor swift after she wrote this about apple's free trial period for streaming music service, i'm not sure you know that apple music will not be paying writers, producers or artists for those three months. i find it to be shocking disappointing and completely unlike this historically

progressive and generous company. mega-star wins biggest tech company ever retreats. jo ling kent will apple now pay royalty to all artists during that three-month period? >> they said they will they will pay artists for streaming even during the customer's free trial period. the question what will happen with 1989 the i'm sure of' been listening to. stuart: it on my play list. >> it must be it's definitely on mine. it's not clear if taylor swift will allow the album be on the freedom service or the paid service. >> if it's on she gets royalties and she says this is something very important to her, but more importantly, her friends and the social circle of recording artists who needs the three months of pay. she doesn't need it she has the big stadium soldout shows and

doesn't need the cash. stuart: it's odd, you get a three-month trial period for music so you can listen to it endlessly for three months and you don't like it you send it back, you don't have to pay? is that true? >> you can cancel it. first of all, apple music is new competing with a big kahuna here talking spotify, pandora services that are well established. if you sign up free and leave your credit card and don't cancel, you end up paying right? >> if you can and played it enough in three months you can say no thanks don't want it not paying you can do that. >> exactly, but now it's going to cost apple more because they will be compensateing the artists. stuart: this is the future of music? >> it is it used to be downloading illegally on-line and buying on-line and streaming on-line and the industries are grappling. stuart: do you? >> i do stream i did buy taylor swift he is an album,

1989 it's catchy. stuart: when you say you bought an album for the benefit of myself-- >> on itunes. stuart: it's not a vinyl record. >> oh no. [laughter] >> i'm exposing my ignorance. >> it's right here stuart. stuart: it is a big deal. taylor swift won. >> and she used her power for a very good justifiable cause. stuart: well said. jo ling kent appreciate it. the supreme court could, repeat could issue a major ruling on obamacare subsidies today. the announcement could come at the top of next hour. on the business side of that story, obamacare is an encouragement for major insurers to merge in what could create maybe one or maybe two gigantic health care providers. >> good morning, stuart. stuart: am i right in saying that you've got two possible huge mergers here. anthem and cigna, and humana

and aetna. i think i've got it right. >> out of five major insurers they could go down to two or three big insurers. why is this happening? why are they incentivizing to merge? just like the banking industry when you have big regulatory burdens and lots of costs it makes sense for companies to merge to cut costs. basically what we saw in finance. stuart: obamacare is funneling millions of new customers who have to go to the big health insurers. >> that's right, that's why the big health insurers got behind obamacare, they knew they would profit from it and get business. the big question, stuart are the regulatory agencies in washington going to review these potential mergers in the same way that they've done in the telecom and other industries. stuart: no, they won't. >> you've got 20 million captive clients for the insurance. don't you think it's designed with a chaotic mess and do away

with the private insurers and have one single payer. stuart: you're almost there. if you've got one or two, and federal government here, aren't you just about at a single system almost? >> makes it easier for the federal government to go to the insurers and say i want you to do x, y and z. stuart: what happens if the supreme court says no subsidies do this look good. >> the text of the law says subsidies are only for those established by the states. it the courts strike down the subsidies, what are the republicans in congress going to do for 7.7 million people who don't have insurance, they doesn't have to plan. >> they don't, they're not unified over it. stuart: that's true, but i can't believe they'll have

chaotic-- >> this is today's republican party. stuart: the republicans would get the blame and they know they would. senator ryan. >> senator ron johnson and ryan say that may be we can extend it to the next administration. and it's not clear, they should have been unified weeks ago. it's a mistake. stuart: we'll see if it comes down today. we shall see. thank you very much. i want to update j the charleston shooting. there is indeed an uplifting message this monday morning. 20,000 people marched together sunday. they crossed a huge bridge the longest bridge in the country, one of them in the area. it was a march of unity and peace. after the horror of the shootings, that march was uplifting. as for the church where it happened. it held the first service since the shooting hope and unity. >> here is the reverend. >> i want you to know because

the doors of mother emanuel is open on this sunday. it sends a message to every demon in hell and on earth. and thank law enforcement, thank the chief of police. the city of charleston and our neighboring community for working together to bring about a safer place not just for some of us, but for all of us. stuart: now, i thought that was uplifting, too, harmony from the pulpit. look at this pope francis, he also made a statement on the shootings and says people who manufacture weapons should not call themselves christians. out on a limb with that one. >> he's a very political pope isn't he almost as if he can't help himself. first the anti-capitalist messages and the climate change. it was a dire view of not only human ingenuity and

productivity, but of the future of the environment. this is very-- i'm a catholic i hate saying things about the pope, but with respect i i shall with he would just stay out of it. stuart: it's of great importance and i agree with you i think he should have stayed out of this one. tough to beat the drama, let's go to golf. the controversy at the u.s. open. jordan spieth won it more important to say dustin johnson lost it. boy was that a subject of controversy. and look who is here. ashley. >> i'm saying that jordan spieth is the savior of golf he's young, he's hot and people love him. >> we posted instagram and he moves the needle. stuart: he's going to rally people. he advertises for under amour.

if you looked at him yesterday, you couldn't escape the under amour logo. it's everywhere. >> no. >> and when he won the master the undercover coverage was valued at $35 million. add that again to the u.s. open coverage and it's amazing. he's pulling in a lot of big bucks for under amour. stuart: now talk about the cost. first of all i want you to listen to what-- i'm sure you saw that but i want our viewers to see it billy herschell, he said this about the condition of the course. >> not going to hold my tongue on this, this is very disappointing to hold a championship kind of a tournament on greens like this very inconsistent. it's frustrating on the greens when you hit really good putts and they're bouncing worse than i've ever seen. so, that's the way it is i guess the u. is ga i've lost a little respect for the usga this week. >> he's criticizing basically

hess players and sponsors of the tournament. that's not going down well. >> a lot of players felt that way. the greens were imperfect. it's an all fescue course in the northwest, the greens are going to be imperfect. stuart: the greenies and the environmentalists not using much water, the it's sustainable golf. they've failed. >> it produced an a lot of drama. stuart: crazy government like when you're putting against a wind windmill, that's what it reminded me up. we're going to disagree on that. and he's the xavier of golf we agree on that. >> we agree. stuart: and art laffer he's next, does he think that the dow will hit 20,000. he said it in the past and we'll ask him in a moment.

do you remember jonathan gruber, the obamacare architect he says the superedty of the american voter helped to get the law passed. he's back and in the news again watch this. >> lacks transparency to huge political advantage and basically calls the stupidity of the american voter or whatever, they quickly-- that was critical to get this thing to pass.

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that's huge for my bottom line. what's in your wallet? >> now this the latest company to jump on the healthy band wagon is general mills. they're going to remove artificial flavors and colors by 2017. and what they say they're responding to consumer tastes i guess they are. >> it's millennials, they want all natural products. you see this affecting mcdonald's and companies that said they're stopping using artificial flavors. think of this you're feeding your kids a lot of us grew up on cocoa puffs or reese's

puffs. and they'll use peanut butter and cocoa and natural vanilla flavor to enjoy the tastes they love and use fruit juices. what are fruit juices? sugar. it's natural, but it's still sugar. >> , but they're responding to consumer demand. >> you've got to listen to your client. stuart: they're listening closer. on this program art laffer said the dow would hit 20,000 if the republicans took the house last year. guess who is back? art laffer the man. are you looking still for 20,000. had the election results 20 months ago. >> i'm bullish on the economy and the stock market stuart. it's a phenomenal come together of all sorts of policies and it's really very exciting if you consider what's going to happen in 2016 and then the major policy changes that will follow that in 2017 and 18.

stuart: you're confident. aren't you? i know you've been talking to republican candidates, you advise them you're the economic guy. >> like your guest before i trust the consumer. they don't want despair. they want prosperity and know how to get it. you can't tax an economy into prosperity. it's bad economics. i mean a poor person can't spend himself into wealth. these are just basic truths that not one person in the editorial board of the new york times understands. stuart: you're saying you can look down the road and pretty sure we'll see a real change in economic policy namely tax cuts, not tax increases. >> yes. stuart: we're safe for the next 18 months from tax increases because the republicans run congress. >> i think so. stuart: 20 21 k. >> i think it's going higher and higher i'm just excited and by the way, stock prices are low if you look at

corporate profits and interest rates and the size of the economy can. stock prices are low compared to economic profits. stuart: real fast i've got to get this one in. people ask me what happens if greece exits the european economy. will i feel it? >> if germany holds true to the lending criteria when it made those loans to greece i don't see how holding true to that would hurt us here in america. greece has been a borrower with no consideration whatsoever to the lender's criteria and now greece is getting its feet held to the fire as it should. it should cut back the welfare programs and way overspent their ability and i think it would help the united states if greece literally stopped. i think that would be helpful. the benefit would really fall to ireland, by the way. i mean ireland's right in the middle of all of this stuff with the smp with what's going

on in northern ireland. i think that ireland is going to pull out of the euro as well in the next two years. stuart: good predictions there, i do like this stuff. we'll see you soon art. thank you. and john gruber who thinks the american consumer is stupid had a lot to do with obamacare and now we've got the proof. that's next.

>> the fact that some advisor who never worked on our staff expressed an opinion that i completely disagree with in terms of the voters is no reflection on the actual process that was run. stuart: well that was president obama referring to obamacare architect jonathan gruber as some advisor who had nothing to do with the health care law. now a boatload of e-mails just released shows how closely he worked with the white house. >> incredibly close. gruber sent e-mails back and forth with the white house staff and frequently consulted about the creation of obamacare and asks about media interviews, consultations and quote, how to describe his role in all of this, and congressman

chasen from utah says there's no doubt he's a much more integral part of this and it was an farce that-- >> you can in the run from 20,000 e-mails. up next twitter launching a new feature making it easier to spend your money. your next purchase is just one click on twitter away. and the opening is next.

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>> okay. now, they're not ringing the bell yet. that comes in about 30 seconds and a minute after that the actual trading session will begin. we're looking for a strong open this monday morning. looking for a gain on the dow certainly in triple digits maybe as high up as 50 points. in the background here let me tell you who we've got to organize our opening bell coverage. this could be a big one this monday morning. joining us from the floor of the chicago merchantile exchange, i don't think they call it that anymore, larry levin. in the middle box to the left of the screen there, not his politics, but the situation on the screen that's keith from portland oregon where it's not raining. and sandra smith and adam shapiro. the back drop to the opening of the market is the possibility that greece has blinked will give some concessions and the

big meeting that comes up in a few hours, there will be some kind of an agreement where greece gets some money and they give some concessions. that's the back drop here. once trading begins in three or four seconds, the dow jones average will be well above 18,100. let's see, trading has begun. we're up about 30 points. okay, now if i'm saying that this is all about greece let's check in with the experts who know what they're really talking about. larry levin, is this all about greece, this rally that's now in progress? >> for sure, where we are right now for sure. everybody has been in that meeting for some kind of an agreement and push it back to june 30th and certainly a lot of buyers in the market because of that so i would pin that rally on greece right now. >> keith, come in please because a lot of people ask me what happens if the whole thing collapses. greece gets out of the euro zone and everything collapses. do we suffer here in america?

that's my question to you, keith. >> well, let's put it this way, stuart. the american holdings are around 5.5 billion in greece stock equivalent to dunkin' donuts. the question you should ask if dunkin' donuts goes out of the market will america feel it? probably not. stuart: a way to put it. sandra smith. sandra: the trend is your friend. the trend is up and nobody wants to step in front of this train. we've had two straight weeks of gain for the stock market and here we are kicking off another week to the upside. there's no catalyst for this selloff to begin. i suppose the big one could be the deal not coming through this afternoon. other than that it's a trend that continues. stuart: we got there, the dow is up 100 points. so we're at 18,114 slightly shy of the 100 point gain. adam, come in. >> you're watching money flow out of treasuries where people were going last week flowing out and most likely going back

into equities. so used to trade, i was listening. sandra: and it will be popping. stuart: prices down money out into stocks. that's about it. sandra: yeah. stuart: you've got to take a look at health insurers this morning. cigna rejected a huge bid from anthem, but we are apparently seems like we're moving towards consolidation of the health care industry, fewer and fewer but bigger and bigger obamacare insurers. keith, come in please is that a good thing for us the patience of the world? >> this is going to be great for investors, but it's going to be terrible for individual consumers because this is like big banking in health care. the more power they get the worst for patients and doctors. stuart: i'm surprised at this good for investors, but we all thought that obamacare was all about retraining and restricting the insurers. apparently it's not. keith go again. >> of course it's not. when was the last time the

government said they're going to spend only $1 billion dollars. it's five ten, 20 times because they can't get the earmarking and pork barrel and misadventures about government spending. stuart: am i right, adam anthem, cigna maybe, and humana and aetna-- >> five major huge insurance companies in the united states. there's going to be consolidation and even when they consolidate, you've got for the case of anthem 38 1/2 million customers and doing businesses in 14 different states. so it's different from state to state. it's a chaotic mess they're preparing the day for one insurance single payer, whether it's private or-- >> i heard you keith, you think it's single payer down the road don't you? >> i absolutely think that's the way it's going. stuart: heaven forbid. the market is open you know that. we're up 124 points. the nasdaq is at a lifetime high.

never been higher. you remember back in the glory days in 1999 early 2000. a look at it now. never thought we'd get there, but we are. and as we speak, an apple stock has opened. a little bit of news in the background here. it's not going to move the stock. taylor swift has won. apple didn't want to pay artists royalties in the trial period. well, they relented that young lady, 25 years old. she beat them. she's going to get the royalties and so are the other artists. sandra: that's an amazing story. 25 years old and power to reverse a huge decision by a company like apple. and she pens it very lovely letter which she signed love taylor, to which apple responded and signed love apple, but completely reversed the decision not to pay any artists through the writers and producers of the music through the three-month trial period. she's speaking up for the artist' community and hailed-- >> it's the greatest

advertising play. look at the attention apple is going to get. she's hugely popular with the clients they're trying to reach and getting free publicity across the country. stuart: do we remember fitbit? we certainly do. the ipo rolled out on thursday morning we covered it rallied and on friday rallied again, nicole, where is it monday morning? >> $36. brand new high. they were higher range, priced at $20. surged 50% on the first day, continues to surge. new high after new high and the s&p 3/4 of 1%. this fitbit is wowing wall street and some people are concerned they have one main product, but right now they're loving it. >> we could get to like this couldn't we? the dow is going up on monday morning and fitbit is up. you're making money. >> at least for one day.

stuart: what did you say. nicole: thank the greeks for one day, maybe. stuart: that's nicole petallides. let's be clear about that one. and i've got a couple of big named stocks and jordan spieth it's up and steph curry, endorsed buying under amour or works with under amour, a good month for them. wait a minute sandra, i want to pause for a second. i worked with you about a half hour ago, no an hour ago, you said that jordan spieth is not hot. sandra: in addition i was getting a touchup in the makeup prior to coming on with you and all the women in the makeup room heard you say that jordan spieth is hot and going to return the popularity of the sport of golf. stuart: yeah. sandra: to which all the women gasped. stuart: yeah? connell: really? we don't exactly-- he's a very attractive person, but i guess the feeling in the

makeup room he's not hot. stuart: you're dancing around the issue. sandra: i'll leave it at that. regardless he's a clean cut young guy, 21 years old, this is a major story developing we're challenging in that. this is probably not going to bring back the popularity that tiger woods brought to the game. stuart: can i bring back two other guys. look, golf is all about fans it's a personal individual sport and if a golfer a male is hot, it brings in female fans. am i so wrong? first to you, keith? >> i don't know that you're wrong i don't know characteristic of hot. they need to shake it up with the greens and course and at the risk of back firing because the golfers don't like it. stuart: how about you, larry. >> i think a lot of women can be hot, but certainly people think golfers are hot, bubba watson was hot for a while with the half million dollars watch.

i agree with you. sandra: wow. stuart: we did tell you earlier about general mills. they are going to remove artificial flavors and colors from their cereals, trix and cocoa puffs are going natural. the stock is up 19 cents. sandra: does it make you wonder what the heck was in the cereal and the foods that-- >> it's sugar, pure sugar. stuart: hold on look at airlines, they're all up because of a baronron's cover story. we call it the barron's bounce. look at them they are up. look at twitter, it now wants you to shop while you tweet. it's rolling out expanded shopping pages that would organize tweets about products and brands and place them on dedicated pages. the investors don't care for it, don't think it's going to work. >> everybody questions the ability to monetize the user base and make more money and grow that user base.

shopping on twitter isn't something that i've heard in the community that anybody really wants or desires from the social networking site. people have specific uses for twitter. it doesn't seem like-- >> and it's just if somebody buys them-- >> they're trying things and seeing what sticks. stuart: a king of the hill over there in london he says stick with cash. put the money under the mattress. a british guy who is managing $6 billion. keith fitz you agree? time to put it under the mattress? >> history shows it's a bad bed bet. you never want to go all in or all out. we know that the profit has an upward bias. what you need to do is figure out what conditions are predisposed to buying or selling. you don't go all in or out.

not in horse racing or-- >> larry levin, turn it around. maybe we want to buy some gold. >> yeah got no problem buying gold and below $1200. i don't think it's going below 1100. it's a good trade. you've always got to be protected and got to know where you're going to get in and out. >> thank you. i want to tell you that the big stars are coming out on "varney & company" today. at 11 o'clock eastern, brit hume is joining us talking about america going the way of europe, i think that's downhill and i think brit will agree with me. check the big board, the dow is now up 95 points and above 18,100. okay. the taliban attacks the afghan parliament while it's in session. yeah, that's dramatic video, all right. we'll bring you the full story in a moment. then there's uber in another

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>> well it's still 100 point rally almost. yes it is 100 point rally and the dow industrials, 18-1. look at disney they've got a new pixar film inside out, it's a winner has been a winner over the weekend. could be the next big franchise endless revenue stream? disney is up again, 113 on disney. the supreme court denies made up trustee appeal in the clawback case. adam you know more about this. in brief what's going on? >> simple trying to get 2 billion they will not get it it has to do with the safe harbor of the law in which madoff was supposed to be the custodian of your securities which he wasn't and the trustee was saying even though he didn't have securities you, the investor thought he did. there forewhen you traded

those we should have the ability to claw those back. no, it didn't exist. stuart: victims do not get the $2 billion. >> there's $2 billion he could be getting more. the good news the people who had money from the madoff scheme may be protected from having to return money. stuart: attacked by a suicide bomber. the video shows the moment the bomb struck. one woman one child, 40 people-- killed, i should say, one woman one child, 40 injured. six gunman were all killed by security forces. now this too. the ftc looking into uber's new privacy policy. are the new terms the app can access your address book and use contact information it finds in it and track your location without turning the app on. now who would be interested in the privacy that you enjoy with your app for uber? this man, judge andrew

napitano. >> good morning. stuart: this is outrageous. so unconstitutional. >> i don't know whether it's unconstitutional because the government is not involved. you're putting on an act here. stuart: i am. >> it's outrageous when you use your app to take you from a to b and never intend to open your your private life to them. they probably are violating some federal and some state laws that protect privacy. of course they're not doing anything worse than what the nsa does to anyone every day. that's another topic for another day, i had to get that in. stuart: when you get the app for uber you've signed away your privacy rights. the fine print. >> that would be their defense, by using this app you're giving you access to everything in your computer. i'm going to suggest that most people don't know that. they're interested in getting a car on short notice to get from one side to the other.

i would think that uber's competitors will defeat this by providing something that is not. you're free to reject that app: you're not free to reject the nsa. i wish we were. stuart: they're not going to allow passengers or drivers to carry guns. that's their right as a private enterprise company, right? >> it would be an interesting clash of rights the rights of the owner of the property well let's say the lessee of the property uber or driver of the car to alert property rights versus the right of the passenger to assert a natural right. remember the supreme court when it defines the right to keep and bear arms. it's a pre-political right, existing before the country did and comes from our humanity it didn't come from the government. it would be difficult for someone who defeat that. what happens if a detective gets into uber.

we're talking about people lawfully allowed to carry guns not illegally. stuart: the driver isn't going to say, are you carrying today? >> i don't think they are. i don't know how it could be en enforced. what's the process they go through when they decide when they're going to issue which particular historic judgment? >> they usually issue the opinions in the greatest public interest at the end of their term. their term ends one week from today so the last day to issue opinions will be one week from today. they also have today and thursday. so there's three days left. the opinions come down at about 10:01 in the morning and issued the old-fashioned way, printed and handed out. they don't come out digitally for another hour. so printed, handouts fox has runners at the clerk's office as we speak ready to run to the fox producers outside the building. stuart: my problem with in i

won't understand it and above all what we see-- >> that's what you have me for. [laughter] >> i know i know. but i think you'll be engaged elsewhere, won't you? >> i will be here as quickly as i can. one of these two opinions comes down in the next half hour same-sex marriage or the challenge to the irs tax credit. stuart: why did they leave it till the very very last possible moment to deliver significant rulings? >> well it keeps them relevant, in the public mind and then the public eye. stuart: are you kidding me? they want that? no, they don't want that. >> that's a very good question. i've never asked aof them with my privilege to speak, why. i know why obamacare came down the last day years ago, because the chief justice changed his mind. and the justice can change his

or her mind right before the case comes out. in this case it was a profound change instead of 5-4 invalidating it it was 5-4 to uphold it. the printers m to reprint it. stuart: they leave it until the last day, they don't want to be hammers. >> there's a tendency on the part of lawyers, to submit everything at the last minute. they're brilliant jurists. stuart: we don't have a nation of law we have-- don't forget by the way, everyone, greg norman 11:15 on this program. i'm going to be asking him about golf's new savior. i'm calling jordan spieth the new savior. is greg norman going to defend the condition of the course we all looked at yesterday? i'll dare him to defend it. three ways to block the

annoying robo calls and the smart phone. and as we go to break up 122 points. it's monday, the first monday of summer.

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>> check this out. when you talk about a stock market rally. look at the nasdaq. that's what you're looking at is a new all-time high. same story with the russell 2000, another broad-based indicator for the market a new all-time high there as well. the dow is up 120. telemarkets, you know it they've invaded your landlines. that's why i don't use them i can't stand the telephone calls at dinner time. and now the robo calls, there are apps to download on your smartphone to keep the telemarketers to get to you. number one, you show me the easiest way of making sure those guys don't get on this? >> all right. nothing is sure-proof i mean foolproof. they're getting to get you if they want to you can slow them down and make it a lot tougher. last thursday the fcc did in a

3-2 vote and said phone companies now can legally stop the robo calls, annoying calls coming through your house. stuart: how do i do it. >> if you've got an iphone true caller is one of my favorite ones i've got it here. it turns, gets into your address book and finds out who is legitimate to you and who is not and then when you identify a spam caller then it knows in the future not to let that call through. stuart: wait a second only going to reject calls from people who are not in my address book? >> but when you get the one call, you add it to the list. a community of people are adding that person or that bad call to the list so the community keeps it up-to-date in terms of letting your phone know that that's had a spoof caller or a bad solicitor calling you have no interest in hearing from. stuart: this can be relatively easily put another app on your phone. >> put the app on your phone,

android has one called call blocker a black list app. and the one free every call reverse phone call lookup does a similar thing, it's a buck i'd rather spend nothing. there's also a setting on everybody's phone which you can simply do so on an iphone you simply go to the-- tap the information button next to a contact and tap that and boom, you can block them out. stuart: just remember the no call list from the companies, it doesn't work. >> do report it

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stuart: news alert, indeed can. there are two supreme court decisions which could come down this hour. one's on obamacare subsidies, the other on same-sex marriage. we're waiting for word. what we're looking for, what we want is clarity. we want to be sure that we explain precisely what the rulings mean. that's what we'll bring to you. breaking news now, however -- what was that again, justin? okay. 5.35 million, that's the pace of selling for existing moments in this country 5.35 million. now, in a good year -- and, liz, you come in on this, please. >> yeah sure. stuart: a good year back in '03 and '04, we were doing 6.5-7

million homes a year. your judgment? >> it's a beat for wall street estimates 5.25 was the estimate. you're right, it's still not good. and by the way, a lot of the homes -- we like the existing home sale number, it's the majority of the homes that have sold out there, two-thirds of home sales. stuart: sure. >> but watch this stat. investor sales are -- investors are buying. so they're not it's not owner-occupied sales. so that's also signs still of weakness in the housing recovery. stuart: that's interesting. so it's a lot of -- it's not -- wait a minute. i've got in the wrong way around -- >> it's investors buying. you want to see owners buying, occupants of the homes. stuart: it's guys and gals with money coming in, and they'll rent it out to somebody. they're looking for capital gain down the road. >> that's exactly right. and underwater homes are a real problem, negative equity. las vegas big, bad problem in las vegas, underwater homes, and also in virginia beach.

stuart: it's had no impact on the market, by the way, we still have a triple-digit gain for the dow industrials. i'm not going to character itize up -- characterize it up or down bad or good. but we do have a triple-digit gain for the dow. greece unveiling, supposed to unveil some reforms ahead of the big meeting with european leaders that takes place in just a few hours. because they may be offering some reforms, investors take that as a positive sign. dow's up 124. couple of stocks that's really worth focusing on, fitbit and a brazilian restaurant, okay? shares of both still going up especially fitbit, after it debuted last week. up 2% again today. but do look also at american airlines. 3% higher. we're calling that a barron's bounce. they were featured over the weekend favorably i believe.

we're going to have the barron's guy to explain what's going on because american airlines up nearly 3 percent. very little change for the price of oil, $59.40 is your price. we did get some supreme court news last hour. not on the major issues but they denied the madoff trustee an appeal in a clawback case. adam, you've got to simplify this for me. >> if you took money out, more than you originally put in, the trustee was coming after you. the supreme court has said no there are limits to how far you can go you're going to be safe. stuart: okay so wait a second. before the madoff scandal broke, everything was all hunky dory, you put money in, you took it out -- >> put a dollar in, madoff said i made huge returns, i took $2 out. i took a dollar that didn't really exist. stuart: so the dollar that didn't exist, you keep it. >> now you do. that's the simple explanation. stuart: okay. that's a very important point.

thank you very much indeed for that clarity by the way. dow industrials up 116 points as we speak. it's monday morning. nice rally. up 117 points now. i just want to know, liz, if you agree with me. >> go ahead. stuart: that this is largely -- the dow the rally -- is largely the result of a possibility of some deal going on between greece and the european union. >> unfortunately, yes. because it looks like more stagnation and more poor job growth in greece if they're still continuing with that shell game. stuart: i'm sorry, i was just listening to some input there. you remember that existing home sales number there, 5.35 million? that's the highest since late 2009. >> so that's a good -- that's a positive sign, still not where we were, you know? of course, there was a bubble there. but we have had seven or eight straight months of consecutive, positive numbers. stuart: yes. >> that's a good sign. stuart: but it would be much better if it was families buying. >> the other thing is that the

inventory is coming down. at the worth of it the inventory was well over a year's supply, and now it's down around five and a half months. stuart: okay. a big case being decided on obamacare. steve moore from the heritage foundation. look, i don't know which way they're going to rule, i haven't a clue, and i don't know whether the ruling is going to come down today or next week. i don't know that. but i want you to tell us what is your prescription for obamacare? is it flat out repeal or what? >> well, stuart, if this case comes down where key parts of obamacare are overturned, it's going to be world war iii in washington for the next several months because president obama says he's not backing down. he will want congress to change, you know, to revise the law so that it is in compliance with the supreme court. the republicans want to fundamentally change the law and so it is going to be, you know, it is going to be quite a scene in washington. now, you asked me what i would do can. what i would do is, look you're going to have several million

people who are going to lose their insurance if the subsidies are taken away. what i would do if i were the republicans is i would provide a voucher, a health care voucher to all those people who got subsidies and say go out and buy whatever insurance you want to. stuart: that's good. >> you would get rid of all the mandates the individual mandate, the mandate of benefits and say you go out with this voucher, you know pick a number, $5,000, and you buy the insurance form and the insurance that fits your needs. stuart: would that have to be legislated, steve? >> yes, yes. stuart: the president would veto that. >> probably. so that's why i say this is world war iii. we're going to see, you know, the president's basically saying just send me back my bill that corrects this, quote, mistake, and the republicans say hell no, we're not just going to reinstate it. so this is going to be an enormous political event if the supreme court rules down obamacare. stuart: yes. but your idea is brilliant, if i may say so. >> thank you. [laughter]

stuart: seriously, that would introduce a voucher system, freedom of the individual to spend their money wherever they please. that's what we need in obamacare. that's what we need for the health care system. >> i couldn't agree more and, look, republicans say if you want obamacare plan, you can have that, but we're going to give you all sorts of other alternatives. i have a 22 and a 23-year-old son. they don't want obamacare, they could buy a health insurance plan for one-third or one-fourth the cost that would only cost a couple hundred dollars a month. so this would today health care to the needs -- tailor health care to the needs and desires of every individual, and it would take away the argument that president obama's saying, you're going to take away health insurance. stuart: i'm going to interrupt for one second, steve. >> sure. stuart: we've got a supreme court decision. it's not on obamacare subsidies or gay marriage. it's a ruling in favor of marvel entertainment in regards to royalties for its spider-man toy.

an inventer said outdated -- i don't know what -- peter barnes, tell me what does this decision mean, please? >> well, it means more royalty and more income for disney which now owns marvel entertainment, stuart, to get right to it real quick. there was a plaintiff here who had a license on a little, you know, web-slinging, hand held toy that was a basically that crazy spray, you know? anyway, it would spray out a web, and there was a 20-year patent on it and this guy, the owner, the lie -- licensee continued making this toy. he sued and said no, the patent's expired it went through the lower courts, and today the supreme court has ruled -- stuart: thank you, peter. >> -- in some cases those deals can be extended beyond their original life, and the toy owner still has the money. that's it. stuart: okay okay.

the clarity is what i'm looking for, and you got it. disney wins on a royalty case. that's it. okay? >> that's it. stuart: disney did hit, i think a new high earlier, but that was on the strength of the pixar movie, maybe -- is it going to -- >> inside out. it hit $114.38 it's going to probably go past it because it's just below it by one penny. stuart: this was not the supreme court ruling. disney at 114, they won in the supreme court, and up she goes a little bit more. we do have other headlines for you. we're covering all kinds of things today. lauren simonetti pulls it all together for us. >> i've got some disney too but let's start with this. at 25 years old and a net worth at $200 million, taylor swift packs a big punch and an even bigger one after she wrote a letter to apple saying they should pay artists during the three-month trial of their new streaming service. swift writes this: we know how

astronomically successful apple has been, and we know this incredible company has the money to pay artists, writer ors and producers. guess what? now they are paying those musicians. executive eddie queue saying this overnight they will pay artists even during customers' free trial period. there you have it. lots of you went to see jurassic world, it's number one for the second weekend. in second place inside out with $91 million. now that's actually disappointing because you have to go back 20 years to find a pixar movie that was not the top grosser in its debut weekend. and are you guys ready for more celebrity gossip? wikileaks releasing 270,000 more internal documents from sony. media documents include calendars and expenses and, well, we could find a lot of other things in there too. stuart: the bleeding never stops does it? lauren, thank you very much. >> thank you. stuart: all right. terror in afghanistan.

members of the taliban targeting lawmakers. k.t. mcfarland will joan us in just a moment. an attack on parliament in kabul. ten planes grounded and some say it is the first attack of its kind. that's interesting. more varney after this. there's something out there. it's a highly contagious disease. it can be especially serious- even fatal to infants. unfortunately, many people who spread it may not know they have it. it's called whooping cough.

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i take prilosec otc each morning for my frequent heartburn. because it gives me... zero heartburn! prilosec otc. the number 1 doctor-recommended frequent heartburn medicine for 9 straight years. one pill each morning. 24 hours. zero heartburn. stuart: i do believe this is the high for the day this monday, we're now up 132 18,149. home builder stocks existing home sales went up, home building stocks from lennar, pulte group, toll brothers, hovnanian, that's unchanged but the rest of them are up nicely. fastest pace since november on existing home sales, november 2009, that is. but it's not investors -- it's not families buying properties it is investors. subtle difference. disney hitting an all-time high on the success of the big movie, "inside out," from pixar, $91 million at the box office, and

it just won a minor league decision in the supreme court. meaning money for them, stock's up some more. now this, at least one woman, one child killed, 40 people injured as taliban gunmen and a bomber attacked afghanistan's parliament in kabul. you could see the building shaking there as the bomb exploded right outside the parliament building. fox news national security analyst k.t. mcfarland has something on this. so looks to me like afghanistan is going the way of iraq. it doesn't really exist. >> well, it does exist but there will be a big civil war and i think that's an issue. i've been to that street, that parliament building. you know, this is a secure part of kabul. there are police, there are security forces all around. this is an inside job which i think is even more upsetting because that means the taliban can get into the most secure areas in kabul which is the capital. and when i was in afghanistan last, you know, the gavinnys, they tap their wrists, empty wrists, no wristwatch, and they

say you've got the watches, we've got the time. and it's just a matter of sitting aside. we're leaving. other countries are leaving, western countries are leaving, and bad guys are going to come rushing in whether it's isis al-qaeda, whether it's the taliban. and i think that what we have to look at is it's not likely to be a happy ending to this story. stuart: there is a whole swatch of territory afghanistan through iran into what used to be called iraq, the borders are being redrawn, especially iraq's borders. i mean, the whole state, the whole area is in total flux, and we are in complete retreat. but a lot of people think we should be in retreat because we can't go in and win. >> well, we've seen -- here's the problem. every since september 11th, we've been trying to figure how do you deal with radical islam? we tried big ground wars in afghanistan and iraq, that hasn't worked. we've tried propping up our ally governments in the region the syrian rebels that are supposed to be our friends, that hasn't

worked either. we've now seen that radical islam is spreading its reach into the social media so that they're recruiting to come attack in the united states where they're recruiting guys to go from the united states train or come back or whether recruiting guys that are going to go out and do it -- stuart: do you think all of this would have happened if president obama had negotiated a deal where some american troops were still in iraq and capable of backing up the iraqi army in extreme conditions? would this have happened? >> you know, we certainly know what has happened as a failure by pulling out prematurely and now you've seen afghanistan and iraq go into just sort of jihadi chaos as the old rivalry, shiite versus sunni, this tripe versus that tribe, and what are we left with? i look at the region, and i think the winds of war are blowing. the borders no longer matter anymore. we have seen failed state after failed state. doesn't seem to be anything that's going to make a difference as these fires just burn themselves out. it's going to be very difficult for the next ten years and i think we see more and more conflict.

afghanistan iraq, it's going to spread. there are now refugees throughout the entire region. libya's going to be next -- stuart: libya's next? borders nonexistent? >> borders don't exist anymore. it's now tribal warfare. i contrast this by the way to look at how americans deal with this. look at what happened in charleston, south carolina. that's us at our best. we had a tragedy, and we forgive. what happens in the middle east, countries around the world where they have attacks like that? i'm going to get you, there's revenge. you know, somebody killed my grandfather five general rations ago -- generations ago, i'm going to get mine back. they think war is a constant. stuart: what a mess. >> it is a mess. stuart: thank you very much for illuminating the mess. we do appreciate it. >> thank you. stuart: thank you. there will not be an obamacare or same-sex ruling from the supreme court today but we do have another ruling that's breaking now. this one is about the department of agriculture forcing a raise sin farmer to fork over half his crop. the farmer won.

now, that, peter barnes now that's clarity, okay? can you add to that? [laughter] >> hands off my raisins stuart, how's that? stuart: i love it. >> and this involves the agriculture department program which requires, you know, the that tries to regulate the quantity of crops, in this case raisins, and the farmer said you guys take a third or half of my crop, and then you give me some amount of money later on down the line when you sell them to school lunch programs, that is not -- that is unjust, unconstitutional taking under the fifth amendment, and the supreme court side with the the farmer 5-4. stuart: interesting to see if that will have repercussions down the road because you've established a principle and what happens later to maybe other farmers or something. peter barnes our man on clarity at the supreme court. well done, young man, thanks very much. i'm going to get to the barron's bounce phil roosevelt is with us, he writes these articles every weekend, and he wrote about american airlines, did you not?

>> we did. stuart: and the stock's up almost 3% today, isn't it? >> it is. stuart: what did you say? >> we said the airlines industry has become hugely profitable because of the lower fuel costs of this year. you know, fuel is the biggest operating cost for the airlines it's 40% cheaper than it was last year. and wall street doesn't quite believe how profitable the airlines have become. stuart: there you go look at that. 3% up. now, okay, they're much more profitable because of cheap jet fuel. are they not under pressure to to cut prices just a little here and there? >> they are, and they have room to do it now. stuart: will they? >> wall street investors get jittery when that happens or when they add capacity which is the other thing they do when they're profitable, they add seats in planes. stuart: not much competition, is there? it's not like you've got 12 or 15 different airlines all competing on routes. you've got three or four, and that's it. >> well, they compete pretty heavily with each other --

stuart: they do? i've not noticed that actually. all i note is the stock price going up 3%. but you were right again, phil. you really do inspire a barron's bounce, and we're glad you're with us on a monday to tell us about it. >> thank you stuart rpt. stuart: well done again, young man. then this, donald trump. he may be running for president, but he hasn't filed the paperwork yet. we're speaking to his campaign manager next. and wait for this one a high school in colorado rocked by plague. more varney after this. if you're an adult with type 2 diabetes and your a1c is not at goal with certain diabetes pills or daily insulin your doctor may be talking about adding medication to help lower your a1c. ask your doctor if adding once-a-week tanzeum is right for you. once-a-week tanzeum is an injectable prescription medicine that may improve blood sugar

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stuart: updates from the supreme court, there will be no rulings on obamacare or same-sex marriage today. we did get two smaller, less significant rulings. the court ruled in favor of a raisin farmer who was having some of his crops seized by the

agriculture department, and the court also ruled in favor of disney over royalties involving a spider-man toy. now this. some flights were grounded on sunday after hackers attacked an airline's computer system. they targeted computers issuing flight plans at warsaw's airport. 1400 passengers affected, ten flights canceled, 12 delayed. adam, this is not hackers messing around with a plane in flight making it crash, this is messing around with the flight plans before they took off. >> flight plans and passenger processing. here is the statement that should trouble anyone who flies, quote: we're using state of the art computer systems, so this could potentially be a threat to others in the industry. and what's key here is they were in the airport computer system so they saw the passenger lists they were manipulating that. take that to the next step, the tsa in the united states relies on those computerized passenger lists to screen out potential threats coming from overseas.

if you can stop a system, you can certainly go in there and quietly perhaps change things without stopping it and maybe get someone through. stuart: an indirect threat, not the threat that the plane will crash because you're in it and it's being hacked. that's interesting. it's an indirect threat. makes you think, doesn't snit all right, adam. up next donald trump in the oval office. he wants us to take him very seriously as he runs for the presidency. his campaign manager joins me right here. more "varney & company" next. just watch trump. >> i will be the greatest jobs president that god can ever created, i tell you that. [cheers and applause] i'll bring back our jobs, and i'll bring back our money.

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. stuart: now, in this nice on a monday morning? you start trading on wall street and the dow goes up 123 points? 18,100? it maybe a deal for the greeks. that's why we're up for the triple digits. and now the home sales best rates since 2009. maybe that is helping too. the share price of disney keeps going up, and excited with their marvel decision and the spider-man toy lots of other good stuff at disney. and oil virtually no change for a couple of months, just around $60 a barrel. and now to donald trump. he announced he's running for president, and now he's trump for president campaign manager. you are the campaign manager for donald trump. >> i am . stuart: whys he filed his paperwork. >> well, it's simple. from the day you announce, you get 15 days to file that paperwork with the fcc. rick took 14 days, donald

trump will fire that paper this week . stuart: why should we take him seriously? i'm not talking about me or anybody else, i'm talking about the establishment of media, which did not take him seriously. >> well, this is interesting. when you have the person who has the success of mr. trump financially, he has to be taken seriously regardless of that. but if you listen to his message, it's make america great again and america doesn't have any eviction anymore, they're ready for a change, and it's time to put a busy executive in the oval office to take care of this economy . stuart: there was a great deal of shock when he said i will build the wall and the mexicans will pay for it. we will take iraq and pay for the oil that way. there was a great deal of shock when he said i will get all the jobs back from china and that's our money back too. that's not the kind of material where people are really going to take him seriously. >> i disagree. at you if you look at the

illegal immigration coming into this country, it's a a major problem. our unemployment is not 5%, it's 15, 20%, we have tons of illegals coming into the country, you can't just have an open border that allows anyone to come in any time they want. you can't do that, and you need someone who is willing to step up, stand up, and put a stop to that, and donald trump will do that . stuart: is your background politics. >> my background is in politics . stuart: have you run a campaign before. >> i've run many . stuart: whose. >> i have worked until the hill of congress, i ran the u.s. senate race in new hampshire by bob smith . stuart: so you've got some credentials. now, why did he pick you. >> lucky i guess. you know, i've spent the last seven years working for the coke family charles and david coke. stuart: whoa the left is going to jump all over that one. >> they should be scared to death of john doe trump. the left should be scared to death. he has a mainstream message which the average person understands. it's time to make our country

great again rich again it's time to have victories for this country again and be unapologyietic . stuart: he's not a politician, he's a business guy. >> he's not . stuart: a business guy can say do this and it's done. a politician says do this, but i've got to negotiate with congress and the people first. >> well, politicians say do this and nothing gets done. it's good to have a man who is willing to work with both sides and bring the parties together, whether rapport democrat fix the roads fix our bridges improve the infrastructure, do the that things americans want. and these politicians all of them say across the board say vote for me i'll hold a promise, and donald trump will hold it. . stuart: here's what i'm hearing. that he gears up going into the first debate in early

august. he gets into the debate and all hell breaks loose because he is going to be the center of attention. but then later he drops out because he can't win a single primary. that's what i hear. >> i fundamentally disagree with that. if you look at the latest poll in new hampshire. even before mr. trump hadn't announced, he first pulling 12%, which puts him above the cruzs of the world the christie's of the world, all these, quote unquote real and serious candidates. the people of iowa and new hampshire said we want a can't,ald rump in this race . stuart: if you're right there's no greater bombshell than donald trump, and that i think is a fact. >> he will do it . stuart: all right. good luck. you've got a very interesting job on your hands there young man. >> thank you very much . stuart: thanks. now, let me move on to obamacare. we are still awaiting the supreme court decision on subsidies. we're not going to get that

decision today. we've already had that decided. it's not coming down today. let's suppose that when it is decided, when the deal comes down, that the subsidies are rejected. what happens? in all those states where subsidies are suddenly withdrawn, do we have total chaos in the health care system? let's ask the author of the book beating obamacare betsy, who always appears on this program. all right. this is what everybody says. you will draw those subsidies by the supreme court order -- >> it's not chaos stuart . stuart: what is it. >> here are several reasons. one is approximately seven million people are depending on those subsidies out of a population of 318 million people in this country. let's not let the tail wag the dog. there are going to be many more winners immediate winners than losers, for example, employers in those 37 states will suddenly be freed from the employer machine date and will be able to start hiring again and moving their part-timers back to full-time

status. it's a big win for people who need a job. . stuart: but hold on a second -- >> insurance companies. there will be chaos for the six big insurance companies we've seen their stock quadruple since the last path because it forces us to buy their product . stuart: do you approve of the republican plan to move in with block grants to the states to operate as a stopgap measure. >> i think the that he talked about earlier are perfect because not all the governors rdr to implement those grants. bill let me say this. this is a much better solution. let the consumer choose whichever kind of insurance he or she wants. don't force this one-size-fits-all washington knows best plan down everybody's throat. young people can do with much better small insurance coverage . stuart: okay. now let's look at the politics of this

because that's prime. >> yeah. stuart: and you know that. >> and the republicans are the ready because 22 out of 24 republican senators up for reelection next year are in states that did not set up exchanges . stuart: exactly. >> so then . stuart: what did she they get the blame. >> no. -- stuart: all those people, 7 million people who lose their subsidies -- >> there's so much -- 7 million of the 318 million . stuart: that's a lot of people. >> no. many more people in those states are going to be winners. they're small business owners, they're employees looking for more work. there are going to be many more winners than losers -- stuart: hold on a second. my -- i mean let's say i'm in one of these states. >> right. stuart: i've got a plan, a policy through obamacare -- hold on a second, and i've been subsidied and -- >> it's not sudden. during the oral arguments whatever the court decides they will give enough time for congress to familiariate the change. probably disruption.

he said that during the oral arguments, this change will not take effect for several months, probably until december . stuart: so republicans will not get the blame. >> the republicans are going to take the initiative to provide bridge financing bridge help for those 7 million people and, boy will it be a boom for all the people who face penalties this year lost their full-time job status this year, couldn't operate their business these year because the costs of these mandates . stuart: it goes the other way. just hold on. it goes the other way. the supreme court says, yeah, the subsidies are justin. then what? >> that is handing the irs the most hated agency in the federal government a huge victory. it is rubber stamping their ability to rewrite the law for the political purposes . stuart: but it keeps obamacare intact. >> that's right. and, you know what, does? it says that in this country president obama is king, not the rules of law. it is a terrible thing . stuart: it keeps obamacare

intact so any attempt to repeal it or substitute it is delayed. >> let me point out. in every single opinion poll since may 1st a majority of those ask they do not approve of obamacare. it is more unpopular now than the day it was enacted . stuart: we shall see. weir relevant we're going to think the decision today. maybe thursday, maybe later in the week. you're just dying to see it drop away. you are aren't you? >> you know what they say. we shall overcome. . stuart: thank you very much. time for the sector report. i'm going to look at the housing sector, housing stocks mostly -- yeah, almost all of them moving higher at this hour. we had existing home sales numbers coming in at the top of the hour rising by -- to a newly selling rate of 5.35 million. that is the best-selling rate

since 2009. share price dr horton, all of them gaining ground and many dead flat. now this. mcdonald's shrinking for the first time in decades sales continue to flaw. we'll bring you jeff flock who has that story. it looks like he's chowing down right now as we speak. nice car. and lots of you were watching the u.s. open over the weekend. i certainly was. here's a trivia question. how many dimples are on the american golf ball? 56? 126? 336? an it's the american ball, by the way? should have a lot of dimples. we'll be back in a second

>> i'm nicole with your fox business brief. it's a record setting day on wall street. in fact, the nasdaq moves to a lifetime high, and the dow right now up 138 points. not a record, but doing great up about three-quarters of one cent. the s&p up 16 at the moment. all of this certainly comes from some optimism on potential greece deal. new highs on the dow include goldman sachs disney, jp morgan, and nike. we're also keeping a keen eye on general millions. going along with the trend getting rid of artificial flavors and colors from all cereal. stock up 1%, and 68 year to date about 16% this year. and carnival cruise and also

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at ny.gov/business stuart: quiz time. i asked you this question. how many dimples on a golf ball? the answer is 336. answer c.

>> wow that's a lot . stuart: that's a standard ball in america some manufacturers may put as many as 500. >> who knew you could fit that many . stuart: who knew. by the way, we'll be talking to golf legend greg norman all about yesterday's closer in the u.s. open. he was the commentator. got a lot to say about this. how about this? for the first time in decades mcdonald's announcing more u.s. store closings than opening, so will mcdonald's be able to compete? of course they will. jeff flock that mcdonald's. now, come on, jeff, you were driving a mercedes and eating mcdonald's. what possible input do you have on the survival of mcdonald's. >> well, like you mcdonald's, i value value. and, you know, what better place? i mean this is a great -- look at this. oh yeah, hi. could i have a sausage biscuit with egg please.

>> okay. >> and you have those muffins? i'll take those too. >> what kind of muffin? >> what kind do you have? >> double chocolate. >> okay. >> what size? >> small orange juice. . stuart: thank you. jeff. >> sorry. . stuart: jeff. >> sorry i had to do that thing there . stuart: that's all right. i would like a small seniors black coffee to go. okay? i regularly order that, and it's 53 cents. okay? >> you know, we joke about this . stuart: yeah, we do. >> but look at this line, by the way. the line is full. two-thirds of all mcdonald's customers go through the drive through, and i tell you. you know the company still has 14,000 locations that do tremendous amount of business. >> is that your car? >> it is my car. . stuart: all right. time's up. >> it's a nay car that is.

we'll be back. >> it is cheaper than any car you can buy. just so you know. it's cheaper than any new car you can buy. i got it for less than $10,000. >> you can get it anywhere from 6 to 18, what is it? an '85? you can get them right now for about 7,000. but they're going up in value . stuart: see you learn something we find flock. now my time is up, and we'll be back with jeff later on. we have something with the pentagon. defense secretary ash carter is relevant says the u.s. will send weapons aircraft, and forces to europe to help nato defend against russia for the east and the islamic from the south. john joins us next hour on this subject. 11:30 on ash carter's statement. and now this. colorado health officials reporting -- about the sudden deathly of a healthy 16-year-old boy that was caused by a rare strain of the playing, as in black death. they believe he contacted it

from flees automobile dead animal that he came with at his family's ranch. look who is here. segal. is this bubonic plague? >> well, most likely, yes. we saw a lot of deaths in the 15th industry from this, and there have been three cases of plague in that same county in colorado over the past 30 years, which implies that the rodents there have it. maybe rarely have it and then the fleas get on the back of a rat, and then spread it to a human. now, in this tragic case of a 16-year-old boy who was a wonderful athlete, he didn't have what we call the boo-boos boo-boos, he didn't have that, but he did -- he was causing of you blood, and he had other signs of the plague, and he started with flu-like symptoms and it's a lesson for radiculitis to think

outside the box stuart, this is not flu season, so if someone comes to me with flu-like symptoms, i'm not going to say plague . stuart: is there a vaccine against the plague. >> no. there's no vaccine but there's treatments with antibiotics that will cure it within the first 24 hours. if you don't get to get quickly, it's a 36% death rate. it's a killer . stuart: you've got to spot it then. >> spot it and treat it right away. and you can look at it errand microscope, so you can identify it. so if you're thinking plague, in this county maybe you're thinking it, but it's very hard to diagnose . stuart: it's just such a jolting headline, the plague in 2015, that's a shock. >> well, and because people think it's gone, and it's not totally gone, and it can rear back up in the west. it's never going to be like it was, but we have to be on the lookout for it . stuart: yes, we do. thank you so much. >> thank you . stuart: greece prepares for a showdown in europe, and also a big deal here in america.

brit is here with a look at that. and sailing on a powerboat in the middle of the hudson river river. you won't believe how much it costs. more "varney & company" after this

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stuart: the supreme court signing with a farmer, the farmer battling a federal program to keep excess raisins off the market. some are calling this the big win for the little guy. we're talking to his lawyer and judge napolitano in the next hour. it's officially summer and for many men's that means it is time to break out the boat. boat sales growing in the united states, but what does this mean for the economy? sherrill is live on the hudson with the latest. sherrill. >> good morning adam. yeah, 35% of americans, that's more than 87 million people actually participant in the boating industry. that was the figures we got for 2014. the economic impact, though, $34 billion when you add in what people spend on boats gasoline, and all the things of course that go into making a boat. but as we are out here today frankly a beautiful day along the hudson river, i want to give you a sense of what we're going to be showing you on the next hour of varney and consolidate. we're on a 70,000 pound boned

i would say it gets .14 miles per hour, and also something else we learned today. is that sailboat sales believe it or not sailboat sales up 350% adam, over the last year. that's a big change as far as boats, and also powerboats in general. and if you look at the percentages, i think we have some pictures that we shot earlier this morning of this particular powerboat. 9.5% jump quarter over quarter, first quarter of 2015 was the last numbers that we have. so really the sales numbers are completely jumping and changing frankly from 2014 numbers. now, a piece of that is gas prices. this particular boat uses diesel gas. again gets .14 miles per hour, process that, guys for just a second. but this particular boat is one of the more average boats believe it or not that you can now buy. we've been at the miami boat show, there have been 25, 35,

$40 million boats and manufacturing association he's going to give us a sense one half lower gas prices mean for the industry and also who are buying these spectacular boats and exactly where in the world are they taking these boats? american made, this is a brunswick boat, but a lot of times they go to other countries and overseas. and we're going to get a scoop of the boat we're on today. >> looking good. all you need is a criterion berry juice and vodka. hour three of varney is three minutes away

stuart: i don't know whether greece and germany will make a deal on debt. i don't know whether portugal, italy, or spain will go through a similar debt crisis of the future, but i'm pretty sure of this. long term there's no hope for confidential europe. time's up they're done,

they've run out of steam and they're not coming back. for generations, sliders bought votes, it is unaffordable. they tax the rich and cut the military to near zero, but they can't pay for all the goodies are the government gives away. and they've lost their drive. they're not having children in sufficient numbers they're living longer and retiring earlier, so the populous is shrinking and aging. that just does not work. and frankly they're scared of their own homegrown islamic terrorists. scared of genetically modified food and of course scared of climate change. so policy is often hamstrung by their fears. they can't do anything. europe will limp along, but they aspire to mediocre, it's not there they're a go nor continent fast becoming a very large museum. it's easy to be smug when

you're sitting on this side of the atlanta. atlantic. but watch out. that we think taxing the rich will pay for it it, and we have failed to adopt growth policies, and we have run-up unpayable debt. president obama said elections have consequences. let's remember that next november. ♪ ♪ . stuart: the joys of a monday morning rally. will you look at that. we're up 145 points now for the do you industrials greece might blink in its negotiations with the europeans. investors love it. they think it might be a deal. existing home sales up, and november 2009 within it's the investors rather than families buying these homes. nonetheless the stocks all up.

we have an update on the supreme court. no rulings on obamacare or same-sex marriage coming today. but if we did the a couple of other rulings from the court. what the court ruled in favor of disney involving a spider-man toy, and the court ruled in favor of a rained farmer who had some of his crops ceased by the government. and here's the attorney for that raisin farmer. welcome to the program. as i understand it, the farmer refused to give up his crop so the government sent him a wopping great big bill. he went to the supreme court and the supreme court said, no, you the government people, you can't do that. have i got that right? >> you've got it exactly right. and the supreme court went even a little bit further than we thought they would. it's a great day for both raisin farmers and for property right owners across america .

stuart: now, is this with the about the government not having the power to take stuff from individuals. is that what it's all about. >> well, the government does have power to take something for public use, but it has to pay just compensation. that's what the 5th amendments taking klaus and just compensation clause require. and in this case when it takes private property as opposed to to your land, different rules apply, and it had more flexibility to do so. but the justice of the supreme court rejected that theory, and the five justices went even further and said if they want to take your raisins they have to pay for them, and that's what the government wanted, at least a remand on, and the supreme court said, no. case is over . stuart: okay. what we want it from the supreme court and our coverage thereof is clarity and todd, you just provided that. we appreciate this. without going into the legalism, we appreciate it.

thank you todd. >> thank you stuart, . stuart: and look who is here, judge napolitano on the race of ruling. i see this is a victory for private property. >> it's absolutely a victory for private property. the government had been arguing for centuries that the clause in the 5th amazement that says private property cannot be taken for public use without just compensation only pertained to real estate . stuart: oh,. >> the supreme court today for the first time in 230 years made a crystal clear it applies to any property, personal property or real estate . stuart: now, that must have huge implications for all -- a lot of other areas. >> it has implications for when the government wants to regulate property and the result of the regulation is loss in value of the property. the courts have always given the government some willing room saying all right. if there's a little bit of loss and value it's the consequence of the regulation

is the common good, but now particularly when the government occupies the property even temporarily or removes the property even temporarily, the government must pay the fair market value for it. now, i must tell you there's a very interesting klaus in this opinion. when it was written by the chief justice and i know why you're laughing. the chief justice says the said the reason we know the 5th amazement clause property pertains to personal praut because that clause was exacted, and the magna carta was searing props . stuart: is there a direct parallel for magna carta 800 years ago seizing crops. >> absolutely to the raisin farmer in 2015 which just happens to be the 800th anniversary of --

stuart: magna carta. >> there you go. we closed the circle . stuart: now, aren't you happy to have the brits do something with you. >> yes. of course he did it. . stuart: king john wasn't just about to give away his house. >> correct. but is fearless all people workers' this is a great victory for property rights. it makes it clear once and for all that they require the government to compensate for personal property, no matter how insignificant it might be . stuart: but you've got to come up with a fair market price. >> you have a jury for . stuart: a jury? >> yes. you have a jury trial when the the government takes your value and you cannot agree on a fair market value . stuart: a jury? >> a jury. . stuart: i've forgotten about summary judgment. >> that comes from the magna carta as well . stuart: those brits. i tell you. thank you judge. >> pleasure . stuart: clarity. breaking news from the pertinent gone. defense secretary ash carter

says the u.s. will send weapons, and combat forces to europe. he says they'll help nato to defend the east and the south. but we don't know when that equipment or that manpower, the troops will be actually going and put in place. what is mr. putin up to? what is president obama up to when it comes to what ash carter had to say? ambassador on that coming up 11:30 eastern this morning, this program. check out this scene. the >> the brits . stuart: yeah, they've never heard about magna carta. they were out in force this weekend celebrating the solstice at stonehenge. our prompt writer put it stone hedge. no, it is stonehenge. >> a stony hedge to me . stuart: we show you this every year just to see what the europeans are up to, and if you listen to my take a few minutes ago, i think they're

up to no good. who boater bring in on this subject than fox news senior political analyst i hope he's smiling at this and i hope he agrees with me because i think europe is where we are going. i think president obama is taking us in that european direction. and i really don't like it. we invited you on the show to see if you agree with me. >> well, i certainly agree with you about the condition of europe and it put me in mind of something said years ago that it was one of the times when there was great excitement enthusiasm about the eu becoming something like the united states of europe. and she said it would never happen. it would never work because she said the united states is the -- based on the idea of liberty, product of an idea, the idea of liberty and she said europe is a product of history and a particularly and long bloody history at that. we are now seeing in europe i think the divergences between the countries within that

european union and a particularly between -- and the european monetary union and you're seeing germany with a economy and they pay their debts and so on, and you're seeing a much more relaxed attitude in places, like, greece and others as you mentioned and the result is you've got a bunch of people in that union who can't pay their bills and don't think they should have to, and that's as you point out for trouble. how badly the sots is remain to be seen, but i do agree that president obama has set us on a course that could lead there . stuart: now, can we reverse course? would a change in administration reverse the whole trend of american history in recent years which i think is more toward cardiovascularrism and knowledge you agree with me, we're going in that direction. but can it be reverse? can we make america what it always was. >> well, a couple of things

about that, stuart, if we had republican presidents during these past two four-year periods or maybe one republican president there's a bunch of things we wouldn't have. we wouldn't have obamacare. we would have a more robust defense. we would undoubtedly have lower tax rates, and the likelihood is we would have a truly robust economic recovery than this lame one that keeps stalling out with periods of contraction and so on, and that would ease the situation and the rest of it. i think we can look ahead and believe that the president comes along and that we will have those kinds of policies in effect, there will be more work to do because of what's left behind, but i think we can reverse course and we've done it before after the difficulties in the '70s and the reagan years, and i think it can happen again, and it needs to follow the strength and the health of the country. and if we don't have that, i

think the path that you've it one we'll still be on . stuart: oh, dear. thank you very much for being with us today. >> thank you . stuart: appreciate it. >> you bet . stuart: now, a totally different subject now. we've got a big win for jordan spieth. it happened last night at the u.s. open. the story everyone's talking about, though, is the condition of the course. not good according to most reports. golf legend greg norman was there. what's his opinion on the course? and spieth, he joins us after this

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stuart: check the share price of disney, yes, it's up today. new high actually. big new movie out of the weekend inside out. great reviews, $91 million at the box office. but then there's this. the supreme court ruled in favor of disney on a patent lawsuit involving a marvel spider-man toy. 114 on disney right now.

up 1.45. health care companies taking a look at merge because obamacare is a encouragement for all to get together. liz macdonald is here. what is it? obamacare encouraging these mergers? >> because there are parts of obamacare that allow them to do all sorts of things. they must cover costs, they must provide standardized health insurance packages, they must basically -- when you have standard health insurance packages, grav different kinds. and also the 80/20 rule, 80% has to cover medically necessary costs, so that these why these guys are merging and it's really to the detriment of the consumers out there because the more monopolies you have, the more premium can go up . stuart: well, you don't have competition. >> you don't have competition . stuart: it's the exact opposite of what we've got, i think of one maybe two huge

conglomerate health ensurers. >> yeah. it's helping and it's bad for seniors especially medicare advantage plans and things of that nature because they found three-quarters of 180 counties in the midwest and the south were dominated by country ensurer. they found 11 health exchanges now dominated by one ensurer. so when you have one ensurer dominating the market, it is much easier for them to dominate the market. . stuart: adam. >> that would be the argument to go into private and take over single pairer system. you've got one insurance company dominating the market, we the government need to fix that, so they put them out of business . stuart: obamacare becomes the interim step between health care, and then comes obamacare and the next step is, well, we're moving toward single pay like britain's national health service. >> to unionize the health industry just like education system has been unionized as

well . stuart: i'm choking here. i really am. >> sorry about that . stuart: no, it worked in britain for the first 20 years, but then it's become impossibly expensive. >> can't you say britain is the size of new hampshire so you can't really say single pay would work for a huge country like the . stuart: what did you say it doesn't work anyway, bureaucratic and expensive that's the way it is. and then we have hackers attacking the computer system. a grounding 1400 passengers at the airport. details please. >> the key here is that the airlines say they were using state-of-the-art computers that every airline uses. and this is a industry problem on a much wider scale and for sure we have to get it more attention. i expect it can ahappen to anyone at any time. so we notice -- stuart: we have to repeat. this is ain't threat to the

threat that the hackers take it down. >> no. this is passenger processing and flight data . stuart: it's still troubling. bring that to america there was a similar hack in america. that would affect the passenger list. you could have put somebody out, put it on for security regions. >> yeah. you know, you have to think outside the box and you don't have to shut something down, you can very quietly do something, and that's the threat . stuart: yeah. i have to make an announcement here. great disappoint. we were going to have -- bring you greg norman, but he's been pulled away at the very last minute. we still want to talk about jordan spieth winning the u.s. open. i want to talk about this. >> sure. let's talk about it . stuart: let me explain my interest here. i don't play golf, but i watch it. saturday afternoon sunday afternoons, i'm glued because it's a perfect thing to have on the background while you're doing other stuff and refer to it when something happens. do you watch golf. >> no. i think it's the boring thing to watch on television. >> didn't i it's comforting.

it's kind of like watching mr. rogers. >> case and point . stuart: well, a new superstar has emerged jordan spieth. >> well, you think he's hot he's the 6th golfer to ever win the u.s. open and the masters. >> it's the end of the tiger woods era now comes john doe . stuart: yes. >> and people were complaining about that course, and when you talk about someone like sandra smith, she says they were just a bunch of winers, and bubba watson not happy about the conditions of the course . stuart: very few of them were happy, except for the couple of winners. but does that course -- was that up to the standards that you should have for the u.s. open, which is arguably one of the biggest tournaments in the world. >> no. it wasn't. all of the golfers were complaining about the quality of the course. but getting back to this new superstar spieth, do you remember what they said when they put his picture up there.

their website was on fire . stuart: i tell you. he's hot. a lot of female golf fans will be attracted to the game. what you're looking at is dustin johnson losing the championship. >> right . stuart: he had a 12-foot put for eagle he missed it. and then he has a four-foot put right there, if he put that down, it would have been a playoff, but he missed. that gave this man the championship because of dump johnson chucked it away. >> well, you know, rory his mom. >> and come decimal shot at the end was a stunner. . stuart: that was his mom. >> yeah. stuart: we never see his girlfriend, he's had a girlfriend since the age of 17 now 21. >> staying out of the public spotlight . stuart: i want to see that. and jonathan gruber, you remember him the obamacare architect who called the american people stupid, who could forget. turns out he had a lot more to do with obamacare than president obama led on. we've got a report on this

one. don't miss it after the break. >> the fact that some advisor who never worked on our staff expressed an opinion that i completely disagree with in terms of the voters is no reflection on the actual process that was run

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stuart: nice rally here for the dow jones and construction stocks if i can call them that, all up nice data on existing home sales we are selling homes that rate of 5.3 million a year, that's the rate since 2009. home construction is up, and then we have john, who can forget? he's the man who called america stupid, may have to do with obamacare than the president would have us to believe. blake berman spells it all out. >> one advisor to the white house and health and human services not only called jonathan a interregal part of the human care act but also our hero. between the white house and

hhs. gruber of course is the it economist who was caught on video a couple of years back talking about the quote stupidity of the american voter. now, while the president tried to separate himself from gruber after these comments, the 20,000 pages of e-mails show his communication with the administration, which the journal characterizes as the bigger role in obamacare. i think you just put a statement up on the screen. here's what hhs told me a little while ago. they are defending the volume of e-mails here. quote mr. gruber was a widely used economic modler for administration and state government run by both parties both and before or after the affordable care act was passed. they say these e-mails only echo old news. hhs also says, stuart, that gruber was not paid for political advice or strategy. that most lila lose to his stupidity of the american voter comment . stuart: but it was the president who said that guy who we never spoke to or who

is never in the white house he dismissed him. but you can't, he was right necessity center of it, wasn't he. >> yeah. he said at that point it was somebody who was not on his staff which jonathan was not on his staff but he was an expert, which we now see was communicating frequently with white house officials . stuart: very frequently. thank you very much indeed. >> very colin tonian of him to words like that . stuart: what's the definition -- let's not get footings. and then the defense secretary ash carter spending military equipment and troops to europe. don't know when they're going but troops and equipment will be going. is this all about putin? ambassador john on that subject. next. and also ask him about pope france mixing policies with religion again. if you work or invest in the weapons industry, you're evil. how about that?

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it's one hat i don't mind wearing. [passenger] i work for me. and so does quickbooks. it estimates my taxes,so i know how much stays in my pocket. and that's how i own it. [announcer]stay in the flow with quickbooks self-employed. start your free,thirty-day trial today at join-self-employed-dot-com. stuart: defense secretary ash carter announces the u.s. will send weapons, aircraft and troops to europe to be used in nato's defense against security threats from russia or violent islamic extremists. who better to address this than former u.n. ambassador john bolton. welcome to the program. >> glad to be here.

stuart: i don't think secretary carter said when those troops and equipment will be going it's just sort of saying we've got 'em ready, watch out, putin. that's it, right? >> that's senate. it's for the alliance to determine when to deploy these forces but having a significant american component shows the extent of our commitment. it is a signal particularly with respect to the baltic republics where i think many people fear in this summer or this fall russia may make some kind of move to test nato's resolve. this shows we're thinking ahead on that, and i do think in the incident of terrorist threats, having a nato implement is a plus. all in all, i think a good step. stuart: so we might be putting our troops back not necessarily on the front line, but back where they are going to be needed. >> yeah. well there's an advantage to having troops and assets forward deployed, particularly when you look at europe both with the potential threat from russia but also north africa and the

middle east. stuart: but we're not putting them in there now. >> well we'll see if obama follows through on what his secretary of defense has said. it's another signal to europe that they've got to put more in their budgets into defense matters. they have relied on the american deterrent, the american umbrella for far too long -- stuart: come on ambassador, they're pacifists. >> that may be but we are having a debate about the extent to which america has to carry the burden for everybody else. others and should pay more of their share. stuart: tough argument to make though, isn't it? why should we pay for their defense? we have been doing it for three generations. >> we're doing it for us, not for them. but they benefit, and they should bear their fair share. stuart: pope francis has been in the headlines recently first he came out saying humans are to blame, that's being discussed worldwide now he's saying if you're involved in the weapons

industry, you're building or buying guns, you're not a christian. in fact, you are evil. the pope is shaping opinion worldwide, and he's gone left. >> yeah. well, you know, this may be one reason i'm a lutheran. i'm not particularly a pope kind of guy as martin luther was not. but honestly, within the roman catholic church there is a long and deep tradition of what's called just war theory. catholic theologians who have tried to examine the circumstances in which the use of force is not only permissible, but is morally required. so maybe the pope needs to read some catholic theologians. stuart: yeah. since when has it been wrong to defend yourself when you're being mortally attacked? >> or to take steps to protect innocent civilians from potential foreign invaders. morally, this is a very complex subject. i think the pope's remark, if it's accurately quoted, is simplistic. stuart: he's swaying public opinion worldwide. the pope is going to have an impact here. >> well, he has already on

climate change and other things. i think he should stick to his day job as opposed -- stuart: i agree entirely, but i keep coming back to it, the man has power in politics worldwide, and this is not going the way that i personally would like to see it go. >> he should say that the catholic catechism says if you deal someone a lethal blow, you will not be guilty of murder. you have a moral right to defend yourself. pope john paul ii said that in his enclickly call in 1995. stuart: john paul ii said that? >> the catechism says if you deal someone a lethal blow you will not be guilty of murder if you are defending yourself. stuart: have you gotten the impression, ambassador, that we're losing? >> this really is not just somebody expressing a different point of view, but expressing it in a very simplistic way. i mean, thinking back to throughout history since christ, there have been any number of occasions where the church his

church has blessed open warfare. let's start with the crusades. so the idea of what he's saying basically wipes out from catholic theology centuries of his own past tradition. >> may i ask a question out of -- i'm jewish. i've not studied jesus christ, but what would jesus christ have said about the people who make the weapons? isn't the pope the vick car of christ in the world, and isn't he taking the same position that jesus would have taken? >> let me ask you this question, is the pope now prepared to disarm the swiss guards who although they dress in colorful uniforms also have glocks semiautomatic rifles? i've been to the vatican. they are well armed. is he going to disarm the vatican? stuart: you want to answer that? [laughter] >> it's much easier being jewish in this discussion let me tell you. he's the leader of millions of people, but what would you expect him to say? i mean, a lot of religious leaders -- stuart: well, john paul ii,

what's wrong with that? >> i don't think there's anything wrong but what's wrong with religious leaders -- >> it depends on how the weapon is used, i guess. >> perhaps we should tax our religious leaders. stuart: as an episcopalian if i go to church and they're preaching politics, i leave that church. >> i leave too. stuart: i don't want to have politics intruding into my faith. >> would you have walked out in the 1960s, though, had your minister been talking about civil rights for those that need them at the time? stuart: i don't know. i don't want policy. i want to preach from that bible, please. save my soul. >> saving my soul is a complex enough task as it is. i need religious leaders who will focus on that and not political theory. stuart: lutherans don't have religious leaders, do they? >> that's part of the reason why luther left the church. stuart: come on over to the episcopal church. >> not likely. stuart: i understand that. [laughter]

thank you very much, indeed. investors keeping a close eye on greece, we hear they may blink, in other words, offer concessions on their pension system. maybe there's a deal we don't know. investors think there might be. up goes the dow industrials nearly 1%. american airlines the stock is up 2.7%. it was the barron's bounce stock of the day, and it did indeed get a bounce. how about fitbit? it's te everin. up othe6 at 38, that is another 20%. the share prices of sid that and anthem searching shrugging off a $47 billion bid. the company says it deserves more. anthem says the merger would give customers much cheaper health care plans. martha stewart living down big, 13%. that's despite being bought by sequential brands for $353 million. or at least sequential brands, i think, has bid for that and it's down.

americans have been enjoying lower gas prices. that doesn'ts, how a look at this. cheryl casone live on the hudson river to explain how lower gas prices makes boats more affordable. you better explain this one. >> well, it has happened actually, believe it or not. if you look at the overall number for sales for power boats, stuart, believe it or not they're jumping about 9.5% right now. it's amazing. i want to give you a tour of the boat. i know you'd like to see this i'm going to bring in tom the ceo of the national green manufacturers' association. he's holding the ipad which controls the boat. tell me about the boat as we walk around and show our viewers what they get for $2.5 million. >> this ipad allows you to control the entertainment systems on the boat, it also operates from your iphone. this is a 59-foot searay, sleeps six, and we're standing in the living room on the water, and as you can see, boats in this class

today are trying to blend the outdoors with the indoors. so we have a very large sunroof -- >> check that out stuart. we had to close it because it was just too hot in here, but it's amazing a. boat with a sunroof stuart, of course, you want that. it's got a virtual anchor, not a true anchor? >> well, it has a real anchor, but it also has a virtual anchor called sky hook. because of the engines that rotate at 45-degree angles, you can plug in your gps coordinates and it will keep the boat anchored in a specific place. we're dealing with current, wind, waves, and it's holding us in place. >> it's called the seakeeper stuart. the hudson's really rocky. we've talked about this before -- there was jersey city, but it helps with balance on the boat. adam, chicken. stuart: thank you very much, indeed.

get the camera off that boat, please, because i'm going to be seasick. i can feel it coming. [laughter] my inner ear is troubled. [laughter] up next, one of the greatest aviation mysteries in history, the disappearance of amelia earhart. newly-discovered footage of her last photo shoot. we'll show you the pictures, and you can make a judgment in a moment. ♪ ♪ new york state is reinventing how we do business by leading the way on tax cuts. we cut the rates on personal income taxes. we enacted the lowest corporate tax rate since 1968. we eliminated the income tax on manufacturers altogether. with startup-ny, qualified businesses that start, expand or relocate to new york state pay no taxes for 10 years. all to grow our economy and create jobs. see how new york can give your business the opportunity to grow

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>> i'm nicole petallides the dow jones industrial average up 145 points also worth noting the nasdaq at a record lifetime high today. and the russ elle 2000 as well. the s&p right now up about 17, so green arrows across the board. home construction stocks on stronger than expected may existing home sales. take a look at some of these. owens and usg, many of these are up 2%. also mohawk and beacon gaining and take a look also at some of the airlines. that was the cover story on barron's this weekend but the group is undervalued meaning american airlines, united delta, southwest, some of these stocks could rise 15%-50%. and netflix ctig first set a price target of 600 now they've

got a new target, 950. it's at 672 now.

stuart: look at disney. all-time high, it's movie "inside out" brought in $91 million, that's big, and the supreme court ruled in its favor in a superhero toy royalty case. up she goes, 114, disney. now this, z street now has the right to sue the irs. a u.s. court of appeals voted in

its favor. our irs maven -- [laughter] if she wishes the title -- is gerri willis. what's this all about? >> you're used to hearing about tea party groups that were denied tax advantage status as a political group right? well, now we're advancing to something else entirely, a group that supported israel denied tax advantage status. you've got to hear this story. i spoke at length today with rory lowenthal, here's what she had to say. december 2009 her organization applies for nonprofit status. nothing happens. weeks and months go by. seven months later, july 2010, her counsel calls the irs, talks to the agent in charge of the case who tells her we're sitting on it right now because the irs has to give extra scrutiny to organizations connected with israel. stuart: whoa, how about that? >> applications like z street are sent to a special unit not in cincinnati in washington d.c. and finally why?

whether to determine -- to determine whether activities contradict policies to have the administration. this is what the irs is up to, to make sure their policies don't contradict what the president wants to do with israel. stuart: but the attorney, the person who z street attorney called did he get the conversation on tape? was it an e-mail? is there -- >> there are documents. stuart: is there proof they said this? >> i can't get ahold of them. bolo a lot of people didn't notice this, included occupied territory advocacy. that's what this organization is. they are proceeding with their case. they're getting a hearing now from judges because this, to me, goes to the heart of what's wrong with the irs, that they are out, you know politically advocating for some points of view and not others. stuart: yes, precisely. >> this is completely unfair and wrong on its face. stuart: totally wrong.

flat out wrong. gerri willis, you've done a great series of stories, we appreciate it. thank you very much. >> thank you. stuart: amelia earhart disappeared on a round-the-world flight. but a recently-discovered film of her sparking some interest in the mystery. look who's here. the author of "amelia earhart's last photo shoot," nicole. good to see you with us. >> good to see you. stuart: now then if i were to show that video or whatever it is to our viewers would you tell us what you now think happened to amelia earhart? can you tell from the film? >> you know, it's not so much that you can tell specifically from the film it's more that the film opens up bigger, more questions for us to consider. i certainly have my theory over what happened with amelia air all -- earhart but what's so great about this video, it come from

the beginning of her flight and we're so focused on the end and what happened in those last moments that sometimes we get too narrowed into that part of history and we forget that all of this stuff happened beforehand that contributed to that. stuart: okay. tell me real fast what do you see in the video from the very early part of the flight when she's getting onboard or starting out on the flight, what do you see that offers new insight into the flight? >> well you see her walking around her plane she's inspecting her plane. it's very up close and personal, taking a few promotional shots and the like with her and fred noonan, and what you notice about the plane here is differences. you notice this plane looks very different from what we see later on in her flight when we have pictures. you notice different antennas have been removed or changed or what not. she was making a lot of changes to her radio system particularly and that definitely had an impact on what happened at the end.

stuart: that's why you lost, radio contact was lost, didn't know where she ended up. i've got about 30 seconds left. can you tell me, what is your theory? what happened to her? >> i think that she splashed into the pacific ocean, but then, of course, there are so many factors that we have to consider. the plane, the way it was built it would have floated, not sunk. so you have to consider the tides, you have to consider the fact that we didn't get a search party out for a few days. but then, of course the japanese got their search party out much quicker. stuart: do you think, are you going to speculate that she ended up on some desert islands? i mean, a lot of people think that. are you in that camp? >> no, i don't think that necessarily happened. i think there's definitely more information out there that we, that we could get and that's left to be discovered, but she most likely perished at sea. stuart: it's film right? that's what it is, it's film.

>> uh-huh, yes. stuart: newly discovered. i can't get to see that -- where am i going to see this film? >> this film, you can see it on -- you can probably see it on youtube by now. it's been -- but you can get your own copy of the film with the book. stuart: okay. >> yeah. stuart: i'm sorry to say i'm out of time. thank you very much for joining us. >> thank you for having me. stuart: some of our viewers may remember amelia earhart. i'm almost in that generation. new poll for "the wall street journal," jeb bush still leading the republican pack. some of his challengers are gaining ground. numbers for you after this. ♪ ♪ ♪ i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio.

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stuart: some republican hopefuls are getting a nice boost from a recent poll. mike huckabee ben carson carly fiorina gaining ground. this is a "wall street journal"/nbc news poll. also significant rand paul is down sharply. >> ten percentage points since april. so his discussion and his push on the nsa collection of the metacollection of data from your phone records didn't make a dent whatsoever. he's turning south in the poll

ratings, stuart. stuart: that's surprising. i thought he made a big splash with the privacy issue. >> yeah, we thought that too. stuart: the three candidates we mentioned there, who showed the biggest gain in this poll? >> carly fiorina and she is now saying she wants to rhetorically throw punches when she gets into the debates. so she is coming on strong, carly fiorina. stuart: one last one what's this about bernie sanders? >> he was a big splash in hollywood over the weekend. a lot of liberal progressives came out to listen to bernie sanders, he was a bomb in vegas, nevada. he's not making any inroads in the latino vote whereas hillary clinton had more hispanic voters voting for her than president obama in 2008. stuart: when he appeared when bernie sanders appeared in nevada, it was the hispanic vote that was -- >> it was a hispanic-oriented speech, but nobody showed up. it's 30% of the democrat primary, you've got to get the hispanic votes in your camp.

stuart: just love those hollywood liberals who say, tax me tax me 90%. are we done with this? >> yes. >> we're done. [laughter] stuart: we are but there'll be more varney after this. that's a sensor. using ge software, the light can react to its environment- getting brighter only when it's needed. in a night it saves a little energy. but, in a year it saves a lot. and the other street? it's been burning energy all night. for frank. frank's a cat. now, two things that are exactly the same have never been more different. ge software. get connected. get insights. get optimized.

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to upgrade your phone, douglas. for all the confidence you need. td ameritrade. you got this. >> 2015 which just happens to be the 800th anniversary of -- stuart: magna carta. there you go we've closed the circle. stuart: it's always fun with judge andrew napolitano. which can that big board -- check that big board, please, the dow industrials up a nice 133 140 points, 18,150 is where

we are. that's it from me. and now neil cavuto, it's yours. neil: were you there for the magna carta? [laughter] stuart: cheap shot. >> no? i was just curious. thank you very, very much, stuart. in the meantime, forget where stocks are today and whether you want to get in and buy, should you be more inclined to buy a house? more data that shows housing is looking the best it's been since 2009. we've seen mortgage applications on a tear, we've seen a lot of people get off the fence in the face of these rising interest rates. so today we're going to look at housing, we're going to look at whether now could be the time to arrest the naysayers and just say maybe maybe this housing turn around is real. dagen mcdowell's been toll toking this very -- following this very closely. >> home sales on fire last month. sales of previously-owned homes, as you pointed out represented at the fastest up