200 tech ipo's with no trading out there. that's a disaster i just don't know when. maria: bottom line. i'll see you on fox news channel sunday morning futures. stuart varney. stuart: dayeja vu a terror attack in france. local reports say two islamic terrorists drove up to an air products factory. a decapitated body was found. the head was dumped near the gates and it had arabic writing on it. an explosion was reported. isis flags draped on the factory gates and president hollande says it bears the hall marks of terror and multiple suspects have been arrested one on france's terror watch list. join us, bo dietl tammy bruce,

cheryl casone. who is linked to the attack? >> it's a global movement of those who believe they want to return to the world the way it was at the seventh century. they're literalists. they're not all violent. in tunisia there was the party, but they're not all militants, but the militants draw from that pool to attack-- >> these are the guys demolishing historic sites and going back to beheading and guys who are neanderthals to take us backwards. they're linked to the latest attack, i believe? >> the core ideology the largest boot camp for future radicals for isis is the saudi arabian --

>> al qaeda seems to be top down, structured. this seems to be lone wolves not exactly acting independent bye, but without a big plan? >> the old paradigm of counterterrorism, sort of bin laden-driven, covert network that had a plan and a single operation. this is more inspirational and much less organizational. they use-- it's much easier to foil because they're going into smaller areas with simple weapons. it's hard to anticipate because any could be-- what they spread on the social media they're in 50 states and attack american companies like they likely did in france and attack countries like tunisia, they're nascent --.

stuart: em a he -- i'm going to keep it here in america. bo dietl is with us you're going to tell us it makes us weaker? >> where is the president now. it's an american based company and this is now in the design of their religious beliefs. it definitely is a terrorist attack and we should call it that way. this is the beginning. we have lone wolves here in america who are idolizing this. stuart: should we go back and scrutinize mosques more closely than we are. >> damn right, we should-- >> am i right, we've pulled people away from surveillance of mosques? >> they've stopped the nypd intelligence division from going in there. where else are you going to find radical muslim people and to stand up and take on the infidels.

this reminds me when they bombed the cole bombed the embassy, it's coming it's coming to america very soon at a channel near you and everybody's going to walk around pointing fingers. stuart: hold on second so far we've caught an awful lot of them, i don't know how many dozens we've actually gotten hold of before they did anything. >> the only reason we were able to get them, stuart because they were on the internet and then somebody else became a rat and then they set them up and that's how we got them. i'm worried about the ones that we're not getting, the ones that are planning something today. stuart: understood. >> excuse me, stuart i'm emotional about this. we've got to stop the nonsense and this president's got to get off his butt. we know where their capital is isis is bomb them out, level them out because they're coming and when they come and kill americans everybody is going to be going-- i was here 9/11 and never forget, people start to forget i'll never forget when they took our world trade centers down and they're coming back here and they're going to do terrorism, maybe they'll do terrorism in subways, do it

with large groups of people and we're going to have dead people in america and people have to start dealing with this now. stuart: don't give them a road map. >> a road map, what's going on in new york city police department, is another ridiculous thing when they take the cops and they want to kumbayah people around the streets. find the terrorists and find out who is planning to attack america and new york city will be the target. stuart: and would you have a more vigorous response for muslims in america. >> even the attacker in france was known to the services they didn't have enough resources to follow them around 24/7 and same with the charlie hebdo attack. they knew who the people were. as long as we're allowing isis fighters to go to syria, to return to the united states we already have a list of i think it's about a hundred of people who have already returned who have been trained to fight. so this is partly, yes, there are people we don't know about, but we're accepting syrian

refugees that were bringing them into the country. so my argument is that the president and the federal agencies know who is going to put us at risk. we have those names and we're bringing them in or we're allowing them to stay. if france took care of this as well, if we took care of it we'd have less of a problem. >> and that's the hundred we know. put them under surveillance. >> we're not doing them. >> i'm talking about the people on the internet focused on religious beliefs, planning something we know nothing about them. they're doing it on their own and scary. stuart: i've got breaking news. here is comes. this is from tunisia. it's now reported at least 27 people have been killed on a beach in the popular tourist bown of suse. ichl a he-- i'm not sure of the pronunciation. we don't know the nationalities of the dead. we're told most of them are

indeed tourists. come in please we've heard talk about not allowing some refugees from syria to come into the country. i'm aware that europe decided to allow 40,000 of these boat people to come into europe and settle in europe. are you now prepared to say, look, don't do this? don't import more potential terrorists to europe? are you prepared to say that? >> well certainly we need to have ideological filters who we bring into the country. and still the questionnaire, are you a member of the communist party? that's from the cold war. we don't ask anything about the slammist party. should we stop immigration? no, as someone who has family suffering in syria and looking to the west and counterterrorism. as much as i'm with bo and what he says, we have to be careful,

our secular muslim liberals reformists that want to take on the battle, the reason tunisia had an attack. millions of secular democratic muslims voted against the radical slammist party and defeated them and if we want to empower those islamists, the americans who helped to beat the soviets were those who came to us for the political freedom. we have to be sure not to destroy the narrative. stuart: last word bo. >> i agree with you. and in immigration, they're given papers to go to the immigration board 87% never showed up. they're in our country now, a lot are good people. not going to be live trump and say they're all rapists and like that, but we have to know what's going on in the country. we know where the isis capital is and let's bomb the hell out of them and level them. stuart: we did hear that thank you bo and i want to move onto

another subject here, you hadered it on this program. you saw it happen. the supreme court's decision to uphold obamacare subsidies. today we could see rulings on either same-sex marriage or power plant emissions. tamara to you first, if we get the same-sex marriage ruling it will be in favor of same-sex marriage. after what we saw with obamacare subsidies, that's the direction of the court. >> it will be a different kind ever reasoning, but we've seen the action of the court. they could have taken this on a long time ago when it was not nearly as popular. they've declined. they've watched the acceptance across the country. majority of republicans and americans do now and choosing to act when that's occurred is an indicating they're going to chime in. as a gay woman, who likes gay marriage and don't like the attacking of christians and gay marriage as a cudgel against those who disagree with it you're looking at a supreme

court that recognizes this is changing and media has played a role in this and i think how the gay community responds to this sort of thing is what americans need to watch for and stand against, which is using it as a political hammer versus the embracement of every american deserves the right of every other american. stuart: cheryl can you give me the tax consequences of the supreme court's decision? >> if gay couples are legally married, ins an issue for the irs. that's how we are going to have to process these newly minted marriages on a federal level. does it mean more revenue? potentially. they're also going to get hit with the marriage penalty like the rest of america. it could potentially be more revenue coming in for the federal government and that's an unintended consequence, welcome to the world of-- >> there are tax-- there are consequences for social security for survivor

benefits if you now accept gay marriage, that's an unfunded future liability. >> every financial benefit that heterosexual couples will be allowed if we get the ruling in favor as many think we are. in favor of gay marriage yes, the exact same laws. stuart: i've just got this. tammy hold on. i've got this u.s. safety regulators are investigating complaints about the ford f-150. i believe that is the top selling brand or mark or whatever you want it call it the truck right there. >> number one. stuart: for many years. the power break assist can fail on some of them. the n.t.s.b. investigating about 250,000 pickups, 2011-2012 models. 32 complaints so far, power break failure has been noted on the ford f-150. that's quite a way to start the program and coming up more on that nuclear deal with iran could derail what's been a pretty good week for the president so far.

we're asking michael burgess about that. france, you heard it another attack and we'll find out if it's a terror attack in tunisia. back in a moment. ♪ 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. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet?

>> just joining us listen to this. terror attack in southeastern france, two islamic terrorists approach a gas company, air products, an american company, by the way. and beheaded-- let's get the terminology right it wasn't decapitated, it was beheaded. isis flags were draped there. come in michael burgess, texas, good to have you with us. >> thank you. stuart: the question for all of our viewers in america today. is what's happening there going to come here again? >> there's no question it

affects all of us and you have to ask the question how is it with all of the money that we've spent, with all of the effort that we've put into intelligence and homeland security, why are we not better at it at this point and are we taking it as it comes to us. stuart: you could say we're good at it. we have arrested and stopped on numerous occasions youngsters who either wanted to go and fight with isis or wanted to shoot people here. we have caught them. the record isn't that bad thus far. >> you know i don't know that i share your confidence on that, but i'll stipulate to it. it's your show stuart. stuart: i feel that it's extremely difficult to guard against lone wolf attacks because they can have any target. >> no question. stuart: anywhere it's extremely difficult. i think the answer lies surely with intelligence. find them before they do

something. >> don't disagree on that. the way the intelligence has been conducted has opened some questions i guess that's the case for another day. stuart: congressman, i want to turn my attention to iran. it's been a good week for the president with trade and obamacare subsidies won in the supreme court, but looming this weekend, that deadline for the deal with iran. it looks like the deal is falling to piecesment james clapper top intelligence official said yesterday, iran is still the top state sponsor of terror. do you think this deal is just falling apart before it's made? >> perhaps that would be my hope because i actually don't want to see a deal made. stuart, one of my worries is that, one of the big tragedies if you get overconfidence in your ability and i do worry that the white house may suffer from that. the iran deal is-- golly we were on the right path with sanctions, the only

reason we got them to the table in the first place was because of the sanctions. you relax those before you actually get the deal it never made any sense to me and then you have the very uncomfortable spectacle over the iranian parliament all shouting death to america. what do you think we're going to get with this? >> do you have the opportunity-- congress, does it have the opportunity to pass judgment on any deal the president will try to have signed? >> that's the corker bill that was passed by the congress, but stuart i have to tell you it's actually -- it's pretty weak. we have the ability to turn down the president and he must not then engage in a deal for another ten days. so, it's --. stuart: that's it? >> it's a pretty thin protection right now. you've got to hope on this one that the administration wakes up and sees what's happening. stuart: congressman mike burgess, thank you for joining us on short notice for a very

big subject. appreciate it. >> thank you. stuart: coming up next colonel ralph peters on the terror attack in france. he always brings us a unique perspective and what he has to say about this story you won't hear anywhere else.

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happened. you're looking at it on the screen. an air products factory right there in southern france. lt. colonel ralph peters joins us on the phone. now, we hear that you have a different perspective on this. i was making a big deal this is terror striking again at the heart of europe. are you going to pour cold water on this ralph? >> it's the kind of story i think we need to report, but need to be careful not to overhype it. there are huge terror stories such as the boston marathon bombing and the charlie hebdo attacks that have wall to wall coffin. but this is an attack and one man beheaded if we talk about it as a huge terror attack and-- i hear you, but when taken together, not just the ones in europe, but it's western

society under attack from within. it's high anxiety time for a lot of people. >> you know stuart wetting our pants at every terrorist attack is not a useful strategy. we immediate to be more manly about it and concentrate on two things, getting a balance in reporting, but two killing terrorists, not just reacting to them. and i look at the news today, there are several terrorist attacks, as you know and there's one that's really really important and that's the one that just occurred in a resort town in tunisia with 27 dead as of last count, mostly terrorists. that matters, it matters internationally because tuneisia is the only success story in arab spring and tunisia relies heavily on the tourism and the terrorists hate this. and this has repercussions and

we've got it skewed. i want to cover all the stories i don't want to cover it in such a way that makes the terrorists sound like winners. stuart: we hear you and by the way, a lot of our viewers on social media agree very much with you. always a favorite guest, ralph peters. thank you for joining us sir. >> thank you, stuart. stuart: got it. we brought this to you earlier, safety regulators investigating the ford f-150, ouch. years 2011 and 2012 models in those areas. problems with the power brake assist, 32 complaints. and it's the best seller in the u.s. for the past 30 years. again, ford f-150. the best selling truck in the u.s. for more than 30 years. big deal. back in a moment.

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king when it is possible that in the next hour big-time rulings will come down from the supreme court. could be on gay marriage or epa regulations. we will bring it to you at 10:00 as it breaks. see those steps? the steps of the supreme court. when they come to a decision to release something, producers, tv

producers will come down the steps like it did yesterday, to get the news first. we will be in the front of that. "the opening bell" is ringing, they are clapping and cheering and in five seconds trading will begin for this friday morning. we expect a gain of 40 points on the dow jones industrial average. where are we? opening higher up one point. up ten points. it is at ten points right now, up 11 points, that is about it. look at this, strong profits and sales at 90. cheryl casone, sandra smith, larry levin in chicago. nike, look at it go. what do you say? are you buying this thing? >> i don't like companies that look at constant currency. the dollar has been in a downtrend since 1985, then it starts rising and we look at

things axe currency. don't get too excited. stuart: basketball shoes are selling really well. >> how excited to you want me to get? i am not very excited. everything in constant currency because the dollars of. stuart: time is up. stuart: i want to check the share price of ford motor co.. this is big news this safety probe on the ford f 1 -- is not moving. dead flat. they have power break problem is, a quarter million of 150s are involved. sandra smith, i think it is, that is the best-selling vehicle in america. >> the probe covers 2,000 pickups from 2011-2012 the 6 cylinder injun.engine.

it is a huge story affecting a lot of cars and a lot of people. stuart: if there's a recall how many people will take it back and get it fixed? >> the jeep grand cherokee, we took in. people do. you have people that do that. stuart: with that kind of news for is down $0.03. you can tell me that has financial angle. i don't think so. it is not recall, justin safety probe. >> recall would change the story. >> this is not a recall. thank you for straightening me out. we always say it, streaming, flat out king, if the nielsen co. was collecting data on netflix, it would have a bigger 24-hour audience than any of the four major tv networks within a year they say. netflix is down this morning, streaming is king.

what is the new sun streaming this morning? >> facebook struck a deal with hbo. this isn't justin netflix story, the competition is realizing whether it is to or amazon they have to partner up when it comes to content. one thing that has been a warning sign on netflix is the amount of money they're spending on original productions including hurt them. fuhrer cit is there. >> i don't see this as a netflix story, this is a facebook store, facebook has taken off recently. it includes -- >> i spent over $1,000 on a big screen tv. how many people are watching movies on facebook on their hand-held device, on a computer? i am such a dinosaur i have no idea what is going on. >> don't have a television any more. stuart: the audience gets really annoyed. >> can i watch things on high-definition on my computer?

can i do that? just as good? nice big wide screen? stuart: this is a facebook story, they are expanding into 0 regional content. that is a big deal. >> an alternative to netflix when you look at netflix price to earnings as far as it being cheaper very expensive. stuart: $89 a share and this morning news they're getting in to streaming and the stock goes down fraction. >> joy after a lot my big screen tv? stuart: no. wait for it, listen to this. lulu lemon recalling women's tops, lots of them, not all but lots of them. the tips on the draw string of it slap you. reports of injuries. get me out of this.

nicole: absolutely right. and elastic string and hard metal or hard to come on the end of the court. if you go like this and pull it in a weird way, that is the same. who does that first of all but they -- be careful, i have a couple of the men died don't do that, it would not be a good juror on distraught, 318,000 have been recalled, a string in particular a you can get a replacement and they said it won't cost some money not like 2015. stuart: that was a big deal. thank you very much. >> we need a more litigious society. is very dangerous, a string that can bounce back. i don't know how i made it through childhood. stuart: sarcasm is a low form. what do you say? okay. the dow is up 57 points, nike is a dow stock, almost half the

dow's gate is accounted for by nike's gain. a big deal i am telling you, my nike is a big deal even if you don't like it. >> i do. stuart: look at humana. etna reported it could close a deal to buy them as early as this weekend but it is up $200 a share. hospital stocks, health care stocks generally weigh up yesterday. >> 10%, 9%. >> i don't like bubbles especially ones that operate off of the united states government. stuart: if you say q e 3 we will kill you. >> i did not say that. stuart: let me report this trade. apple has pulled a number of civil war games from its apps store joining the growing list of companies refusing to run the confederate flag on its merchandise, we won't see any impact on the stock whatsoever. not a good sign for the economy. according to the latest ha fox news poll, 59% say the economy

is still in bad shape. their 11, we have not heard from you yet. >> 59 isn't of respondents say the economy is still in bad shape. >> definitely a good percentage of those people are out of work or not in work they want to have or know somebody not work they want to have 4 out of work so i believe those numbers and what of people don't feel the economy is where it needs to be. obviously the 1% feel a little bit, that is the preparation we will have a lot of joy people are out of work and a lot of people to know people out of work and those responses show in that survey. stuart: this is a feeling pole. >> it is but if you look at how people feel about the obama administration they say in the same polls that the programs that have been put out by the obama administration do not help from whatsoever. they feel disconnected from the government. 83% was the number three years ago. people a feeling better about the economy and three years ago

but the fact that 22% think we are in recession and we are not, this is consumer sentiment. >> consumer brand, i pay attention to this number more than the unemployment number or any other read in the economy because it matters how people feel because that leads to how they think can spend the >> we are not officially in recession but the first quarter was negative. we had seven years of zero interest rate and the economy will grow at 1% for the first half of 2015 and god forbid when interest rates rise and they will, then the illusion crashes down. that is what i'm worried about and that is what consumers are picking up on. stuart: very interesting. the census bureau, millennials now outnumber baby boomers. big consequences for the economy. cheryl: the baby building generation is what we have been depending on to do all the spending and that hurt the economy three or four years ago because portfolios were cut in

half and the value of their homes were reduced. now the millennial generation, they are not buying property, they are not investing in the stock market, they are not spending, they're being very careful, not saving anything and sitting on huge amounts of student loan debt. this is a number of bad economic indicator. stuart: what do you think? >> exactly right. she looks great too. stuart: the millennials dictate taste, consumer taste, they are big on that, entertainment, they dominate it. food, marketing, they dominate all of the above, they are the biggest group. >> they are a winter society. incomes are not rising. >> we will have a discussion. >> you want to coming? we are baby boomers, what you say to the millennials? >> they don't think like us. they are sharing society, share their car and share somebody

else's car, they don't want to buy a car or house. that is not the way my parents thought. they are not buying a big screen tvs. >> larry levin just called millennials socialists. >> i want to point out the millennial generation is a very diverse group as well, diverse generation, 40.4% of american millennials are part of the minority group. interesting . point out. stuart: a couple big names hitting new highs today, start with starbucks and look starbuck, now is the 54 and we have 90 at 109, highest sales at nike, starbucks riding the momentum. both of those stocks all-time highs. as for the big board the market, dow industrials up 45 points. hold on a second as a news on greece. let me get to that, german chancellor angela merkel says it

is up to greece to take the next step and accept the generous offer handed to some by their international creditors. >> one more point she said she and french president francois hollande met with the greek prime minister this morning, mr. holland had to leave that summit because of the development of a terror attack in france but they did all three of them sit down. stuart: i hope in coming weeks we will be able to say the greek king is -- >> never happen. >> don't want to have to keep on doing this. two terror attacks, we're watching them, one in france and one in tunisia. what it means for us at home. california, one of the toughest vaccination laws in america, no way for parents to get out of it. more "varney and company" next.

stuart: looking at a modest rally for the dow industrials, half of the 50 point gain is

from nike, a dow stock at a new high, good news of another terror attack, at least 15 dead in a shiite mosque in kuwait. isis is claiming responsibility. there is indeed a terror attack in france. one worker be headed. one suspect arrested and he has been on france's terror watch list, also an attack on a beach in a resort area of tunisia where 27 people have been killed. that is the latest body count. we don't know the nationalities yet been two gunman opened fire on the beach. judge andrew napolitano is here. what can we do legally for surveillance of our domestic muslim population. judge napolitano: irrespective of suspicion of that individual, surveying the unjust because they're muslims or because there is reason to suspect an individual is involved with something? stuart: mosques, can we go to a mosque, can authorities go to a

mosque and surveil that mosque without being told previously there is a terrorist in their? judge napolitano: can they put surveillance equipment without the permission of the mosque, the answer is no. they could do so with a search warrant but a search warrant would require evidence presented to judge. stuart: if someone says this creature, this imam in this mosque has been saying some radical things. can we then go in and have the fbi just sit in the congregation and listen? judge napolitano: the answer is no without a warrant but i suspect that the fbi does that. that is a rather benign way to gather information where fbi agents go undercover and hold themselves out quietly, not in a showy way as part of the community just so they can be there. the reason i am a little walking on eggs on this is because the statutes that authorized

prosecution for providing material assistance to terrorist organizations all have an exception in for freedom of speech so if all the imam is doing is do this, do that, these people bad, these people are horrible, shoot, killed, do this, it is speech, not criminal. it is only speech. that is not just me, that is the statute and that is the supreme court and speech. stuart: could we collect the names of people listening to that imam? >> that would require a search warrant and that would require evidence of a crime and the speech alone is not a crime. here is the rule on speech, you will appreciate this because it comes from that document signed a hundred years ago. i speak of the magna carta. all innocuous speech is protected. all speech is innocuous when there is time for more speech to rebut or neutralize it. if the at the mom says there is

so and so, let's get her and a crowd descends on so and so, no time for a speech to rebut it the speech can be prosecuted. if the imam says there's so and so and someone else says that is something unwise to do, we're here to express ideas, not to harm people, the imam at >> protected. stuart: another subject from california. the news is the governor, not sure whether they decided not, the california people i saying you got to have your kids vaccinated if you don't, they can't go to school. >> last time i checked the constitution supplies in california and the first amendment to the constitution has the two religion clauses, establishment and free exercise clause the free exercise clause saying if you have religious objections to the administration of a vaccine to your child's, those from the wishes of the

state. beyond that, there is the fundamental right to bear and began it, to conceive and to raise children and the government is not interfering with that so the government cannot force your child to be vaccinated. it can say unvaccinated child may not go to a public school, you home school the kids but it cannot force chemicals into the child's veins against the wishes of the parents. that is the law even in california. stuart: thank you very much, i have to break in to update more news on the attack on the mosque in kuwait. here we go. there was an attack on a shiite mosque in kuwait. at least 15 people dead. isis is claiming responsibility. a witness tells ap nearly 200, is that none 2000, 2,000 worshipers were kneeling in prayer when the suicide bomber ended the mosque and blew himself up. 15 dead. isis claims responsibility. in a statement posted on social

media. it says the target was, quote, temple of rejectionists. that is another terror attack today. i believe we are going to call that the third the we have heard of outside of america today. coming got back to the supreme court, we're watching all over again. exciting stuff, today could see another historic ruling. judge andrew napolitano i believe is going to stay with us for, glenn for punishment, back in a moment.

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stuart: we may get important decisions by the supreme court by what the u.n. three terror attacks overseas, first and france, local reports katie to islamic terrorists drove up to an air products factory, american company, one worker be headed, one suspect arrested and that suspect had been on france's terror watch list since 2006, 15 dead in a blast at a shiite mosque in kuwait. isis claims responsibility. in tunisia it is now reported at least 27 people killed on a beach in a popular tourist town. local reports a tweet to gunman opened fire on the beach, one gunman dead. we don't know if there's any link with the french attack, the attack in france at this point. we don't know the identities or nationalities of the dead but we

are told most of them were tourists. a couple minutes from now we may see will rings on same-sex marriage or power plant emissions from the supreme court. judge andrew napolitano still here. i say same-sex marriage is likely to pass, you say what? judge napolitano: i agree with you. i think we both came to this conclusion from a series of gay-rights opinions that the court has issued in the past four five years where justice anthony kennedy has decided, has joy land, pronounced ly, not bashfully but forcefully, and i suspect that is what we will be. we are not talking about whether the constitution permits the states to recognize and authorize same-sex marriages, we're talking with a constitution compels the state's to authorize or recognize same-sex marriage. stuart: we should recognize that obamacare ruling politicize the supreme court and it is a politicized supreme court they will accept game marriage but

before we go to more of that listen to this. i think you know this already but i want to bring our viewers into this, anthony scalia may have been in the minority with his dissenting opinion yesterday but he did not go down without a fight. in his dissenting opinion he wrote this. we should just start calling this lot scotus care. effectively accusing his colleagues of twisting the law for the sake of preserving obamacare. the politicization of the court. judge napolitano: i agree with you again. think about it. the majority took four plain ordinary english words established by the states, a capital s so clearly and unambiguously referring to the 50 states, said that that was ambiguous and rewrote it. if they can do that they can do that to any statute canadian yes and no and no and yes to take interns states into federal government? that was just -- quite proper and brilliant and scathing dissent. >> the majority said we better

look at the intent of the law and even though it wasn't written properly we will fix that. it has got to stay in place. >> rings trying to get in the heads of the drafters, the law is what the drafters have written down, not what the court thinks the drafters meant when they wrote it down. >> they didn't want to go down the bore versus bush from 15 years ago but they -- that is what they did. >> further eroding the moral credibility of the court. >> the time is up but you are going to stay please. those decisions from the supreme court are minutes away. the second hour of "varney and company" is two minutes away.

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♪ it's one of the most amazing things we build and it doesn't even fly. we build it in classrooms and exhibit halls, mentoring tomorrow's innovators. we build it raising roofs, preserving habitats and serving america's veterans. every day, thousands of boeing volunteers help make their communities the best they can be. building something better for all of us. stuart: coming up on 10:00 eastern time and watching the supreme court for two major decisions that could come down in the next couple minutes. first off big deal, same-sex marriage, does the fourteenth amendment forbids states to deny

marriages to gay couples? second case, epa regulations on power plants, the energy industry says they cost too much, epa says health risks for emissions outweigh the costs. big decisions, we don't know whether we're going to get the more not. look what happened yesterday, the running of the producers. the lady in a blue dress, our lady, she was running down the steps with the obamacare decision. you will see that again today, not necessarily the lady in a blue dress from fox but you will see -- she was why we were first to bring you the news yesterday. we beat the other guys. peter barnes is outside the supreme court with all those tv producers, set the stage what is going on? >> we're working on that epa case but really the big case hear though we are waiting on is the same sex marriage case and the plaza i am looking at, the

sidewalk is just packed with gay-rights activists on one side and those who want to limit gay-rights and continue to define marriage traditionally is a union between a man and woman on the other side. just a huge crowd i don't know if you can get a shot of it but we are waiting for that decision as well as the epa decision and three others that remain for this term. stuart: i am waiting to see the producers run down the steps behind you. as we await that i have a couple of stories for you. the dow jones industrial average is up 145 points, now we are at 7995. some of that gain is because of 90 which is a dow stock. some of it is because consumer sentiment came out at 10:00, nicely positive. up goes the down 100 deaths of -- points. back to the supreme court, i am seeing the running of the producers. i want to see those steps please

if you can. okay. we may have a gay marriage ruling, we can you the crowd staring. peter barnes. >> kennedy once again delivering the opinion of the court. like the court has ruled a marriage must be recognized by all of the states. the court reversing an appellate court decision saying they did not but it looks like the court has ruled in favor of nationwide recognition of gay marriage. stuart: that is very important, that was nice and clear. the court has ruled there must be recognition of gay marriage nationwide, recognition thereof. that is different from a lot of other definitions of it all but that is gay marriage. >> 13 states that now have to recognize gay marriage.

stuart: we now have a marriage nationally which must be recognized. >> that is right. this includes georgia, louisiana, michigan, mississippi, missouri, north dakota, arkansas and kentucky. stuart: that is right outside the supreme court. don't know how many people are there but probably in the thousands at this point. that portion of the crowd is extremely happy with this decision. that portion of the crowd is not. sternly many gay-rights supporters. >> let me read the key line. from the decision, quote, the fourteenth amendment requires states to recognize same-sex marriages valley performed out of state, same-sex couples may now exercise fundamental right to marry and all states, there is no waffle basis for a state to refuse to recognize a lawful same-sex marriage performed in another state underground of its same-sex character. stuart: stay with me for a

second. that is important. if you are gay and you are married, that marriage must be recognized in a state which previously had not recognized gay marriage. i think i am correct in saying that. >> exactly what the justices, 5-4 decision with kennedy -- stuart: when kennedy was the swing vote in favor of gay marriage. look at the crowd. that crowd is clearly happy at this 5-4 supreme court decision. >> think of all of the things that have been denied to same-sex couples for years, whether it is a state planning or health care, health care benefits, and open and available and celebrating it.

stuart: now address social security because that is big here because simply the recognition of gay marriages does not mean social security, gays get survivor benefits. >> yes they could and here is why. the irs to determine whether a couple according to irs regulation. they comport with social security, and and they can get benefits under social security. stuart: the supreme court had said that same-sex couples can marion all 50 states. john stossel is with me. am i reading this correctly? the supreme court says same-sex couples can marion all 50 states? >> that is how i see it as well. the amazing how quickly the country has changed.

what is next? prosecution of plural marriages stopped in utah. will polygamists say we demand recognition? i want all my wives covered by social security? stuart: you are a libertarian, i would think you would say yes, extend this. why is government involved in marriage? >> it should be private or religious contract between two or in the case of polygamous more people. stuart: if you are not religious and don't want to go to a church or temple or whatever you go to a civil ceremony so government is involved because it is a government contract. john: that is true but it all starts with the premise of government handing out benefits. another reason to keep government limited. stuart: steve forbes is with me. you got an opinion on this one? is done now. there is no appeal, this is it. >> i thought the supreme court may have the smi compromise on this saying states have to recognize marriages outside the

state but not allow the our marriages performed inside the state but apparently now they must allow the performance of the marriage inside the state which is why if they had gone the other way, inside the state you have to recognize it from every other state. stuart: it is recognition of same-sex marriage, it has arrived on the federal level. >> john is right on how this change, i remember 40 years ago before you were born in democratic convention in 1972, the shock when they had a homosexual advocate go up and speak before the convention, they did it at 1 a m in the morning but my gosh, what has happened to the democratic party. now couple generations later been stream. stuart: i think it is one of the fastest shifts in public opinion i can remember in a very long time. john: jonathan rouse writes about how this is because of free

>> people were free to say horrible things about gays and gays spoke up and fought back but will someone not be prosecuted for refusing to perform a marriage? it violates my religion? i would think that follows suit and that feels wrong. stuart: i understand chief justice roberts was in the center on this which i find interesting having led the charge yesterday for obamacare subsidies. now he is in a sense against nationwide gay marriage. it is an interesting juxtaposition from obamacare subsidies okay, gay marriage according to tom roberts not okay. the supreme court says same-sex couples can marry in all 50 states. >> 1,000 federal benefits now available to these people. more than 1100. >> to john's point about the benefits now gay couples to file jointly on their tax returns in those states and social security

represents nearly 40% of a retired couple's income and that is a big deal but will gay couples drain the federal coffers? no. look like there's a net benefit according to the cbo into, gay couples could help cut the deficit due to the marriage things like a marriage penalty. stuart: i don't see how that works. >> that is according to the cbo and congressional -- stuart: the unfunded liability of now having to pay survivor benefits for gay couples. liz: that was taken into account and has to do with how they file their income taxes. stuart: back to peter barnes. what do you have to add? >> one of the reasons the five justices supported this decision was to protect children. let me read from this part of the decision. a third basis for protecting the right to marry is it safeguards children and families and drives

a meaning from related rights of child rearing and education. without the recognition, stability and predictable, predictability marriage offers, children suffer the stigma of knowing their families are somehow lesser and suffered a significant material cost of being raised by unmarried parents relegated to a more difficult and uncertain family life. stuart: we hear it. i am going to say this is a sweeping decision. the supreme court says same-sex couples can marion all 50 states. no ands, ifs, this is straight forward, you can marry anywhere in america. that is a sweeping victory. stuart: house and senate republicans introduced a bill that would stop the federal government from penalizing federal employees, contractors or religious organizations that oppose gay marriage though we have to see if that would move forward. >> the supreme court has ruled,

this is it. stuart: same-sex marriage is still illegal in 13 states but no longer illegal. if you are in north dakota, south dakota or wherever, all those states on that map, you have a partner, you want to get married, you can according to the supreme court decision today. i think i am reading it correctly. >> can any of showing the opinion, one thing he has said is gay couples deserve the dignity. use the word dignity over and over describing what these people you are seeing on screen deserve, to be treated in this country with dignity. >> the other issues two polls found 59% of millennial republicans support extending marriage to gay couples that that is an interesting finding and it will roil the gop presidential race. stuart: look at this, presidential candidate martin o'malley reacting to the supreme court decision, he says this is a tweet obviously, so grateful to the people of maryland for

leading the way on this important issue of human dignity and equality under the law. i expect to see quite a few commentss from republican, candidates for the presidency as they react to this decision which was announced four or five minutes ago. a sweeping verdict here. the supreme court says same-sex couples can marry in all 50 states. >> president obama just tweeted something, it is a big step in our march toward equality, gay and lesbian couples have the right to marry just like anyone else. hash tag love wins. "cavuto coast to coast" when it occurs to me president obama has had a wonderful week. he won on trade, he won on obamacare subsidies it is very much in favor of same-sex marriage and he has got it. big week for the presidency. >> on same-sex marriage don't forget the change in public opinion. when he first ran for president in 2008 he said he was for maybe civil unions but not real same-sex marriage so you can see

the huge shift where democrats who were once very skittish on this issue are in the mainstream. stuart: the republicans' court, candidates, what i they going to say? they can't say we don't want gay marriage. >> they will say got to respect the law. a sigh of relief, take this off the table. this is not something we want to be an issue in the campaign. they want to discuss health care, they got the decision yesterday which makes this a huge major east in 2016, they want to discuss taxation, they don't want to be sidetracked in their minds on this issue the supreme court has taken it off the table. onward. stuart: hillary clinton just tweeted this, proud to celebrate a historic victory for marriage equality at the courage and determination of belgae beat the americans made it possible. that is where she is coming

from. >> the american family association calling this a decision abandoning the rule of law impairing religious liberty saying this up ends millennia of history and that's the rule of law. those that are opposed to being just as vocal as those in support. stuart: it is a done deal. which do you think is the more important for all america? obamacare of health, subsidies say? versus what i think is a revolution in our cultural relationships, sexual relationships and the law within the united states? >> they are both huge. look at this horrible picture in the times of protesters before the decision saying don't take my health-care as if everything comes from government. america is going broke, obamacare decision will speed that process. with gay marriage, what about

gay adoption? marco rubio has said this is a social experiment, we should not make it worse by allowing gay adoption. that will be the next argument. "cavuto coast to coast" when it is done. john: marriage and adoption same case? stuart: i don't know that. i don't know that. to be honest i don't. if you allow public, if a marriage is legally and all across the country -- cake couples can't adopt. >> a great point about how this factors into the presidential race. carly fiorina is the only one who has come out and said i am for civil unions and by taking it off the table would you then have a debate moderator say how would you feel about the supreme court decision? stuart: absolutely you will. the debate moderator will say exactly that. john: these people are experienced enough to know you say yes, respect the law but this is why taxes have to be changed. they will find a way to skirt

this thing, they won't get drawn into it as much as the moderator. stuart: republicans to not want to be drawn into a debate, it is decided. the debate is over. the -- john: they will hit on civil liberties, respecting rights of free speech, don't want to bake a cake you don't have to but it will be protecting minority rights now from the majority rights. stuart: donald trump is getting into this, what he tweeted this once again the bush appointed supreme court justice john roberts has let us down. jeb bush tim hard. remember. he has got his ten cents worth in. chief justice roberts has been reading his dissents from the bench. we have not heard that before. he was in the dissenting camp on this issue and reading his decision. dagen: on twitter if you were

among many americans who favored this, celebrate. we know what he is saying, i respectfully dissent, do not celebrate the constitution, it has nothing to do with it. stuart: what have you got for us? >> let me follow upon that, chief justice says this is an issue that is supposed to be decided by the states under the constitution. he says the constitution itself says nothing about marriage and the framers and trusted states with the whole subject of the domestic relations of husband and wife. there is no dispute that every state at the founding and every state throughout history until a dozen years ago defined marriage in the traditional biologically rooted day. stuart: justice kennedy wrote the majority decision and it was a 5-4 decision. rick, i am saying this is the

sweeping victory for pro gay marriage forces if i can call them that, a sweeping victory. gay marriage is now allowed in all 50 states. your comment please? it is as sweeping as i am saying it is? >> i think is of big win for the consistent conservative position that government should stay out of people's business, that the individual has the right to jews their future. i think this is what conservatives should have been rallying all along. this is something that if you are a consistent conservative you want government out of your business. what the supreme court is saying today is everyone gets a right to choose their mates. this is a fundamental right that every single person now has and the government doesn't get to dictate who your mate is or what kind of classification. stuart: let me throw this out.

will gay-rights people now pressure the church, churches if you are in a church that does not allow gay marriage, could as pressure that church and say you are not conforming to the supreme court ruling, therefore you should not get tax breaks as a church? it could be used as a lever against the church. is that not possible? >> that is possible. we have a problem with the gay left leader should that all along has never recognized religious freedom in any way. many gay conservatives have tried to have this argument in this debate inside the gay movement, we could have had these rights a long time ago with the day left leadership would have been rational. they have been irrational and they have worked very hard to keep this issue at a partisan issue. let's face it. democrats laid a lot of money

beating up on republicans because they somehow think, we lost elections over the fact that the narrative from the left has been taken over that republicans are mean-spirited and out of touch on this game marriage issue. stuart: i have to get to john stossel who is the very well-known libertarian and i am sure shares your opinion that the government should stay out of people's private lives and this ruling conforms to yours. john: conservatives must be furious. will the people and won't perform be prosecuted? i don't know why you say this settles and the debate is over, did roe v. wade end the the joy abortion debate? it heated up for years. it is better when the public votes for these things rather than nine lawyers who wear robes

and got appointed for various reasons. stuart: that will be the charge the supreme court should not have indulged in politics, they did indulge in politics, therefore we want to change just as in roe v wade. is not settled, the debate, but it settled the law. that has been settled. there will be a contentious issue it gays go after churches. >> remember when brendan ike donated to the anti-gay marriage pushed in california and he was vilified for that, back off, gay people don't criticize him for his free speech right. gay people would say don't pressure religious institution to do gay marriages. not by words but example.

stuart: peter barnes, and -- >> the chief justice in full. i write separately to call attention to this threat to american democracy. the substance of today -- is not of immense personal importance to me. the lock and recognize marriage, whenever sexual attachments and living arrangements it wishes and accord the unfavorable civil consequences from tax treatments to the right of inheritance. he says it is of overwhelming importance to it is that moves me. today's decrease as my ruler and the ruler of 320 million arrogance coast-to-coast is a majority of the nine lawyers on the supreme court. the opinion in these cases is the first extension and for this extension one can imagine of the court's power to create liberties that they neglect to mention. the constitutional revision, collected committee of 9, always

accompanied liberty robs the people of the most important liberty they asserted in the declaration of independence and one in the revolution of 1776 the freedom to govern themselves. stuart: he had a scathing response to obamacare subsidies, and equally scathing response to nationwide gay marriage. it is actually questioning if the role of the supreme court had shifted, but did judicial arbiter, a heavily political role where they interpret legislation in favor of a political position. that is the way i am reading at. >> he says this decision should be left to politicians through the democratic process and not to this court. stuart: i can hear cheering breaking out at various times here, an awful lot of people down there.

the people who did not want gay marriage, are they in evidence? are they saying anything? are they discussing with other people? what is going on with the other people? >> we are getting people walking up to us and handing s materials like this, gay-rights supporters and others i have not seen traditional marriage advocates with as many signs or flags fly see some american flags over there. i don't know who is holding those, that could be either side but i know they're in the crowd somewhere. stuart: we just heard at 11:00, approximately this morning, eastern time, a 11:00 eastern time the president will make a statement on this ruling by the supreme court. please remember the president did make a statement after yesterday's will not obamacare subsidies. you will make another statement today. any questions? i don't know if he will take questions today but he will make

a statement around 11:00 this morning. cheryl: i want to make sure you have the information we will be hearing from the rose garden. stuart: he has had a wonderful week, an outstanding week for president obama. he has won on trade, obamacare subsidies and is on this side and gay-rights. liz: let's see if he wins with the epa ruling the supreme court may hand down that could extend carbonation, the epa ruling at issue, the supreme court is about mercury and other toxins and wants to regulate carbon emissions too to power plants. stuart: what this is referring to is another decision which we will get at some point from the supreme court, a decision on the extent of the epa's powers to regulate clean air. can they do that? have they overstepped their bounds? i don't know whether there's another decision to come down today or whether that epa ruling -- we are done for the day, no more rulings coming down which means the epa will will come monday of next week.

that i think is the last day of the supreme court session. liz: the we know of. cheryl: the stock market is going to be watching. stuart: let me comment on that. dow jones industrial average was up 100 points. it is not the points. obviously there is no reaction from the economy and certainly not on the stock market to the rights of gays to mary nationwide. cheryl: who benefits more and more small business across the country. think of the wedding industry. gay marriage being approved state-by-state, we have done these stories on fox business wear wedding planners in the event spaces are being booked, 8 is an economic boom. liz: there is the issue at the federal level. also gay couples can basically use the federal employee health benefits. stuart: boost to small business for gay marriage imperceptible. stuart: i believe you are right.

let me wrap it up before we go to commercial break, same-sex marriage now ruled, you can do it in all 50 states. gays may marion all 50 states, a sweeping ruling, 5-4 ruling, justice roberts was in the minority on this one, scathing attack on the majority from justice scalia and that there you have at least leading willing, gay marriage stands. back in a moment.

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. stuart: to repeat the news that broke about 25 minutes ago. a sweeping victory for gay rights in the supreme court in a ruling 5-4. gay it marriage is now allowed nationwide. all 50 states. peter barns come back again please because i believe the incident from justice scolia

was even more scathing than we thought. >> he calls it huberous here, he says it amounts to a judicial push. this is a naked claim to the legislative and super legislative power. they claim fundamentally at odds with the government. a constitutional prohibition agreed to by the people, the straights free to adopt whatever laws they like, even those that offend the reasonable judgment. assistance of the government that make a e of nine unelected lawyers does not deserve to be called democracy. . stuart: scathing indeed, peter. thank you very much indeed. and, by the way president obama will address this issue in the supreme court ruling at 11:00 eastern time today, and you will hear it right here on "varney & company." joining me now welcome to the program. >> thank you . stuart: we voice a concern. perhaps you share it.

this is a sweeping ruling. gay marriage allowed in all 50 states. now, do you think gay rights people will now pressure the catholic church because you do not marry gaze in your church and they will say if you don't do that, if you're not conforming to the law of the land, you do not deserve tax breaks. do you think that's going to happen. >> i think it will actually. i agree with the supreme court, they have revolutionized our social order and legal order. you have a fundamental right to marry a person of the same sex, than any institutional that denies that is now viewed as prejudicial and an enemy of the states in many ways . stuart: what's your defense going to be. >> that was written in the constitution by the people who wrote it. i agree with scolia, this is an assault on the democratic order. if supreme court justice doesn't get five of them to agree that are essentially against the constitution, the writers of which never imagined that the same sex

could ever marry then we're in trouble . stuart: you have to go to the court again and defend the tax breaks that the church receives. >> well, the tax break are a recognition that we go social recognition which the government could not do. i mean the pill grams came here to get away from persecution. now we're being told that we believe god created the world is wrong and we are now against the fundamental right? i don't believe it at all. . stuart: stay there please, father i've got more questions for you. we are joined by rabbi, are you there please. >> yes, sir. how are you . stuart: i'm very well. i want you to react to the same question i just asked father jarrold murray. that is if your synagogue does not perform gay marriages the gay rights people come at you and say no more tax breaks to

you because you don't conform to the federal law the law of the land. what say you. >> i don't think that's right because, for example, if i decide i don't want to do a marriage between a jewish person and nonjewish person, that's perfectly my right and we still preserve our tax breaks because of that. this is simply part of the freedom of religion is to make those choices. i don't think it's saying you have to do those marriages it's saying it can be recognized legally, and that separation allows religious groups to do what they will. . stuart: but i think you can see the attack coming at synagogues which will not perform gay marriages. i think you can see the attack coming even though i understand your response to it. but the attack i think will still come at you; correct? >> well, i think it could come at people from those who oppose gay marriage can certainly or who support gay

marriage could say that an synagogue doesn't do it, we don't like that synagogue, we don't want to go there, okay. that's their right. but the government is not going to come in and say you have to do that. there's had to precedence for that. i mean there really isn't. religious organizations are exempt from -- you know, for example, if my synagogue wanted to hire a new rabbi which i hope they don't, they can simply say, you know, you have to be jewish to apply for this job. and in a organization, that would be discriminatory. but in a religious organization i say not. so religious organizations still have those protections that come from the ability to follow their religious beliefs. so i don't think that this decision changes that one by the . stuart: okay., rabbi stay there if you would please. more questions come later. father jarrold still me. the issue of polygamy has come to issue, is there any

prohibition left on marrying more than one other person of the same sex or opposite sex of you. >> i would say that polygamy laws are also struck down, or certainly would be by court if it's brought into it. if you're going to say that marriage is up to the determination of five justices of the supreme court well, then they can also decide that marriage is not just one man and one woman. it's -- basically this is a shocking decision because the order in creation which is recognized by law is now rejected and we're in the world of make believe. we're pretending not only that supreme court justice has complete legal power for enact law, but we have to observe them now. . stuart: rabbi, you've heard what father has to say there do you agree with that that now it's open season on who marries who? >> again i disagree. i haven't read the full opinion. but one of the things i've

heard i think it was reported on your show in the last hour was one of the reasoning for the decision was it the protection of children. that if you have a same sex couple raising children and they move to another state that marriage should be recognized. one could make the argument that a polygamist marriage is not in the interest of children. so i don't think -- it all depends on what's in the public interest. i don't think the supreme court rightfully is not taking a religious definition of marriage. so i don't think -- stuart: rabbi. we hear you rabbi rabbi i want to go to the steps. >> there are gay rights activist singing the star spangle banner right behind us. let's listen to that for a moment and capture the moment. ♪ ♪ and they're wrapping up on

that. i just want you to know that there are three other cases to be decided on monday and the arizona redistricting case and the oklahoma lethal injection case and whether or not that violates the constitutional prohibition and finally that big epa case, whether or not the epa must consider the costs of its regulations . stuart: yeah. >> when it issues them. . stuart: peter, by the way they sounded remarkably armenian moanious. >> i think it's a gay man's chorus. . stuart: that was pretty good. guaranteesgay men's chorus . stuart: there's an argument that's what you don't want to see. >> absolutely . stuart: and they're singing the spar spangle banner. >> i love patriotism, but i don't like the destruction of the government, now that

marriage has been redefined but that the power structure in this country has now shifted in the hand of five judges. self government is part of human dignity and that's one of the best things this country does. it was over thrown by courts, and now the supreme court said you have to have so-called same-sex marriage in your state even you don't want it. do the people rule in this country? i think justice is exaggerating. . stuart: quickly governor huckabee coming into this with a tweet of his own. and he says this is not about marriage equality, it's like about marriage redefinition. this irrational unconstitutional rejection of the expressed will of the people in over 30 states will prove to be one of the court's most disastrous decisions. a republican presidential candidate weighing in to the court's decision.

but, father, your point is well taken. it is a threat to our way of government. the way these five justices have ruled. quickly. do you go that far? >> absolutely because do people pass laws and now the laws being redefined at their will based on the natural institution and the real problem apart from this is going to be the persecution of institutions that agree with that . stuart: yeah. >> and i can see denial of benefits through organizations. if the catholic charity says no gay marriage, okay. then suddenly no contracts. we've already seen that in massachusetts . stuart: it is now legal in all 50 states. no impact on the market although the market is up. that is a very popular decision on the steps of the supreme court. we'll take you back there in a moment. we've got to pay the bills. commercial break please, right here. with a control pad that can read your handwriting, a wide-screen multimedia center,

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stuart: ruling from the supreme court within the past hour by a 5-4 margin gay marriage is now okay. nationwide. that is indeed a sweeping ruling. jeb bush responding very quickly. he tweets this. guided by my faith, i believe in transitional marriage. i believe the supreme court should allowed the states to make this decision. he goes on and adds this. i also believe that we should love our neighbor and respect others including those making lifetime commitments in a country as diverse as ours. good people who have opposing views should be able to live side by side. great deal of response coming in from that ruling, and, by the way, the president will speak at 11:00 this morning he will address the issue which the supreme court has just decided. we're also following three separate terror attacks in

three different places. all of them overseas. first of all in france. a man was beheaded and an islamic flag was draped on a forensic in a factory in grenoble. multiple suspects in custody one of them has been on the terror watch list in france since 2006. local reports say that two islamic terrorists just drove up to a air products factory an american company one suspect dead, one suspect arrested. he'd been on, again france's terror watch list. and now reported that at least 27 people killed on a beach in a popular tourist town. two gunman opened fire. one gunman dead. we don't know if there's any link with the france attack. at this point we don't know the identities or the nationalities of the dead. but most we are told were tourist. in kuwait, an attack on a

crowd, a suicide bomber killed at least 15 people and isis is claiming responsibility. three terror incidents overseas today. back to the supreme court decision on obamacare yesterday. the supreme court upheld the subsidies. as the president said obamacare is now woven into the fabric of america that's what he said. and he was the evp and ceo of a group markets for liberator mutual insurance and a true expert on obamacare. so welcome back to the program. always good to see pu. >> good to see you . stuart: the president says obamacare is now woven into the fabric of america. mean meet and confer it's here to stay. nothing you can do about it. is he right? >> not quite. i don't think we're that far. it's still an unpopular law obamacare is not enrolling the number of people that we need to enroll to make sustainable.

we need to enroll about 40% of the people, and i would suggestion that that creates two different prisons the first it's not going to be financially sustainable until we get the enrollment up. we've got to have far enough people enrolled. and the other thing it's not going to be politically sustainable with only 40% enrolled because basically the customers are saying they don't like the product. this is still after subsidies a very expensive program for people to buy and then they're getting very high deductibles. for example a family of four making $60,000 a year still has to pay $400 a month. stuart, how many people -- how many families making $60,000 has an extra $400 for health insurance? and then they buy a plan with an average $3,000 deductible. so they're paying $5,000 acin annual premium, and then they're not going to get anything out of it until they have $3,000 in expenses per

person . stuart: so are you saying that the cost and the political liability of that cost as we go into the next 18 months, that is such a high political cost for the republican -- for the democrats to pay that they could, in fact, lose politically even though the court has solidified obamacare. i guess i'm trying to say. >> yeah. stuart: it ain't a done deal. it's not necessarily there forever. is that what you're saying, sir? >> well absolutely. i mean that's absolutely the case. i think -- i think maybe that the supreme court gave a gift to the republicans here because if they had overturned obamacare, then this whole mess that would have been created, and it would have created a heck of a mess would have been something for the republican congress to fix. it would have been in their hands to fix, and it would have been very difficult to fix. all this time obamacare really still is in a slow motion free fall. it may be better off for the republicans politically just to let the thing to continue drift downward in how people

perceive it. because it's going to be a very good political issue for the republicans now in 2016. that might not have been the case if they were handed this big mess if the court ruled against obamacare . stuart: all right, robert, a true expert on obamacare and we thank you for being here today. >> thank you . stuart: and articulate, you know how to phrase it just right. >> thank you . stuart: let's see. where are we? we've got more action to the supreme court decision i should say. an advocate for transitional marriage will be with us coming up next you probably know xerox as the company that's all about printing. but did you know we also support hospitals using electronic health records for more than 30 million patients? or that our software helps over 20 million smartphone users remotely configure e-mail every month? or

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stuart: as you may have heard by now within the past hour, the supreme court has ruled same-sex marriage legal in all 50 states. it was a sweeping ruling in favor of gay marriage across the country. joining me now austin. he's from the defending freedom which advocates transitional marriage. austin, welcome to the program. sir you lost. you lost hands down in the supreme court and there there is no appeal. what will you do now? >> well, it wasn't just me that lost. it was really over 300 million americas that had their voices in this debate trumped by five lawyers on the supreme court. so it is a sweeping nationwide law because the supreme court choked off the debate. on a very important issue that

americans are are passionate about. that is the cornerstone of civilization around the world? stuart: yes, sir but -- >> it makes a very sad day . stuart: i've got your point but what do you do now? what is your strategy. >> well, there are tens of millions of america that still believe that marriage is one man and one woman and the supreme court cannot take that out of their heart or lives. and that's not going anywhere. we will also continue to defend the right of conscious of people who believe marriage is one man and one woman and make sure that they're not persecuted for that point like we're seeing across the country. they have the right to hold that belief, and we're going to defend that in a court of law . stuart: i am told, sir that religious schools could lose their tax breaks. now, that's an issue that you're going to take up i'm sure. >> it would be really unfortunate if the government started discriminating against

people of faith just because they believe religion is one man and one woman. that's not america and that's not what we need to see. and have the government intimidate that they might take away tax breaks and the individuals from these types activities and defend the right and conscious of all americans, even in the awake of this ruling . stuart: austin, thanks for joining us. >> you bet. my pleasure . stuart: i think i've got time for this real fast. been carson says i call that the religious views are protected. the government must never force christians to violate their beliefs. almost out of file. coming up to the top of the hour. president obama will be speaking at the top of the hour on judge invest napolitano will be joining us after that.

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stuart: at any moment we're expected to hear from president obama. he will be addressing the supreme court sweeping ruling that same-sex marriage is legal in all 50 states. it is indeed a historic day. judge napolitano is back with us. judge, it is a sweeping ruling. marriage, gay marriage legal. all 50 states. nothing -- >> it's not only sweeping because all marriages whenever performed are legal, there were some that were in limbo because they were performed under the laws that have been resend in california, for example. it's sweeping because of the theories under much they were made legal. two theories. one is equal protection . stuart: uh-huh. >> states are required by the 14th amendment to win correct the errors of precivil war america to treat similar sipped people in a similar way. you allow straight people to marry, you have to allow gaze to marry. this is such a strong argument that the supreme court of alabama issued a moratorium on

straight marriages is that the equal protection klaus wouldn't apply. we're not going to marry anybody. eventually that went away and they became subject to a federal court order. but the more interesting theory here is this. marriage is a fundamentally liberator. a code word to constitutional scholars. meaning a natural right that stems from your humanity aquinn to speech, travel, one of your favorite, privacy press. and because it's liberator one does not need a government permission slip in order to exercise it. the supreme court had never held that before with respect to marriage. this puts the right to choose a mate in the highest category of liberator that we know under the constitution. almost impervious to government assault . stuart: that means i could choose whichever mate i choose and in whatever number i want? if it was polygamy, and i now

do that if i so desire. >> it is not addressed in this opinion. but the arguments in this opinion could be used to assault the antipolygamy laws in every state and union . stuart: well, they believe. >> probably so. i mean the affirmation the legal scholars say some of our rights come fill political the virtue of our humanity. and marriage is prepolitical. the right to choose a mate comes from humanity, and it would be a natural human right even if we didn't have the equal protection laws . stuart: is it that clearly written that it's now elevated to that level prepolitical. >> you mean is the opinion that clearly written? . stuart: the opinion. >> the opinion is just that completely written scoia is silent on this and he says you mean to tell us that it's 135

years old and has some secret code phrase in there we don't see in print? he's being sarcastic but making his point. why didn't we recognize it 135 years ago? but this is about as broad and sweeping an opinion as could be. i had some friends that were president at a dean of law school the same-sex marriage performed by a couple . stuart: okay. >> and as she was performing the marriage she said by the rights vested in me, by the constitutional of the united states so a big smile on her lips i pronounced you married. i sentenced this about two weeks ago. i think she knew then how it was going to go, she couldn't say but she understood her authority to perform this same-sex marriage was coming from . stuart: do we have chris a political guy -- i want you to come into this for the politics of it plea.

it please. it it seems to me president obama has had a great week. how does that translate politically. >> well, good mean for the president means that he will have more comfortable. his presidency is in hospice now, so, yes his legacy will include that he was president he was president when same-sex marriage became the law of the land and we'll hear that from him when he comes out and talks no doubt. and that's all so. the larger political context here, though, is this. the republicans don't like this -- most republicans don't like this decision anymore than they like obamacare because the court here has m managed to offend not just social conservatives but as his emnantz the judge pointed out also people of libertarian who may support the idea of same-sex marriage but don't like the idea of court imposing it. so they don't like the

decision, but they will like the political and wednesday for their party, which is instead of going out and having to take a decision on the 31 state bands which include, virginia, ohio, nevada, they can say that those justices we wish they would have ruled the other way. moving on . stuart: can i say going to for the president president obama, not so good for democrats, hillary clinton in particular because they now have to defend obamacare obamacare subsidies, and gay marriage in places where it might not be popular. >> exactly. it's hard -- hillary clinton here is glad that she can get her base fired up. that they're going to be happy about this. they're going to like that. that's good. but it also takes away a wedge issue, it takes away an opportunity -- remember the gay population or the nonstraight population counts at about three or four percent of the general populous. but among the donor class it's quite significant. so among donors has used this,

she won't be able to use anymore, and republicans will be able to say well, look, it's settled law. now, they make a lot look pressure to launch a constitutional amendment, . stuart: hold on for a second, chris. i want to quote a fox news poll. i think you've got the numbers here on the september ability of marriage marriage. this was taken way before obviously. >> this is the most recent poll that we have here at fox news. this is actually the third week of april that we took this most recent poll. but here's what it says. that basically 48% did favor at that time same-sex marriage. but 48% are for legalizing same-sex marriage, and fox has done these polls every single year. it has gone up and up and up by double-digit percentages every year that fox news has done these polls. >> and by political party. and in their latest survey,

democrats 76% support same-sex marriage, but republicans that number is at 37, yes. stuart: and they too keep climbing. >> 37% amongst republicans. that suggestions that republicans have better not be too sharped edged on this particular issue on the campaign trail. do you agree with that. >> well, we've already heard from the leaders of the pack we've heard from -- or some of the leaders of the pack on the republican 16th field. and they're all careful now to front load their statements and talk about love and acceptance. they tried to demonstrate christian mercy at the beginning when they talk. we love and accept and people are nice and we like nice people and we're nice people. and then they come back with the seizing on the novel constitutional role that they had the court playing here and hammer the supreme court hammer the supreme court. so so far republicans are focusing on avillous supreme court rather than the scourge

of same-sex marriage, and that's probably a wise with choice . stuart: wouldn't it be better if politicians at the political realm of our country decided these political questions? >> that depends upon what marriage is. is marriage a gift from the state? or is marriage a fundamental human right? if it's a gift if the state then it's subject to impulses and the state legislatures can regulate it. if it's part of our humanity, this then it's not subject. that's the significance of this decision. the supreme court took marriage where it had been. a gift from the state. and recognized it and defined it as a natural human right. when it's in that category, it's not subject to the maortarian impulses of the state legislatures . stuart: i'm just really surprised the sweeping nature of the judgment and how far it goes toward elevating that right to choose your mate. >> you know, prior to this, i read all the same-sex marriage

opinions in the federal courts. there's not that many. maybe about 25 or 30. none was as sweeping as this . stuart: well, who wrote this? who is the prime writer of this decision? >> a ronald reagan appointee by the name of anthony michael kennedy. a transitionallist roam catholic irish catholic member of the supreme court for 30 years. is the offer of this opinion. [laughter] you can't make this stuff up, chris. >> so kennedy and we've seen this, and you've talked about this. so here you have justice roberts and kennedy always gets to run the supreme court; right? because he's the swing voter. he's the one that transitionally has been available to both sides of the divided branch. but in this case we see justice roberts who is the villain to conservatives yesterday as he is out there talking about why the law doesn't say what it says, and it says what they meant it to

say, not what they had it say. in this case he is thundering, banging against the very kind of thing where he says you can't just make up the law. you can't just decide what the law says. that's a head scratcher. . stuart: i want to bring in doug who is standing i believe on the steps of the supreme court and doug, i believe that you're a vigorous supporter of gay marriage. you have just won a sweeping victory. do you know how sweeping it is doug. >> well, we are thrilled. it is a huge vindication for the rights of gay lesbian individuals and of married couples. it validates their marriages but it's not really in one sense a really novel thing because the court has been expanding the rights of marriage to new couples since at least the 1960s . stuart: doug hold on a second. i'm very -- i really want to

get to a marriage point which judge napolitano has just raised here. this sweeping ruling by the supreme court elevates the right to choose your mate to a new level of right in america. that's why i'm saying it is indeed a sweeping decision. there's one more point to be made here. if i have the absolute right to choose my mate, do i have not the absolute right to choose my mates plural, which introduces polygamy. i don't want to throw out a red herring to you doug, but you've got to consider this because a lot of people are talking about it. >> well, it is a red herring because what the court held today is that same sex couples are entitled to join in the same institution of marriage that has existed -- that institution has of course changed somewhat over the centuries, for example, in the 1860s when the 14th amendment was adopted women were the property of their husbands,

but the court has held that there's legal equality in marriage . stuart: doug, we hear you, i want to move over to the apple ceo tim cook is what he has just said. today marks a victory for equality perseverance, and love. apple's chief executive officer. that's what he just said moments ago. we just received we call the two-minute warning to the president's appearance in which now you're going to see him walk through those doors. he will come back and stand in front of the -- in front of the podium, and he will delivery his statement. i think it's going to be a bit like yesterday where he delivered a statement, he had the vice president with him yesterday, don't know who he's with today. he did not take any questions yesterday. i don't think he wanted to be pinned down on the specific of obamacare as we go forward. he may take questions today on the supreme court's ruling that gay marriage is legit in all 50 states. we shall have to wait and see but we're waiting right now. we're told he's going to

appear right in your screens there. screen left in about 50, 60 seconds. but before we get to the president, sherrill, do you have a headline for you. >> yeah. this is coming out of the state of georgia that band gay marriage. and they're now marrying gay couples right after that ruling came down from the supreme court. this is in the state of georgia . stuart: they started already? >> yes. they were ready to go. . stuart: the president of the united states walking toward the podium. ladies and gentlemen his statement on the supreme court ruling. listen in, please. >> good morning. our nation was founded on a bedrock principle. that we are all created equal. the project of each generation is to bridge the meaning of those founding words with the realities of changing times. a never-ending divest ensure those words ring true for

every single american. progress on this journey often comes in small increments. sometimes two steps forward one step back repelled by the persistent effort of dedicated citizens. and then sometimes there are days like this when that slow steady effort is rewarded with justice that arrives like a thunderbolt. this morning the supreme court recognized that the constitution guarantees marriage equality. in doing so they have reaffirmed that all americans are entitled to the equal protection of the law. that all people should be treated equally regardless of

who they are or who they love. this decision will end the patch work system we currently have. it will end the uncertainty hundreds of thousands of same sex couples face from not knowing whether their marriage legitimate in the eyes of one state will remain if they decide to move or even visit another. this ruling will strength all of our communities by offering to all loving same sex couples the dignity of marriage across this great land. in my second address i said if we are truly created equal then surely the love we commit to one another must be equal as well. it is gratifying to see that principle in law by this

decision. this ruling is a victory for jim and the other plaintiff's in this case, the victory for gay and lesbian couples who have fought so long for their basic civil rights. it's a victory for their children as their families will be viewed as equal to any other. it's a victory for the allies and friends and supporters who spent years even decades working and praying for change to come. and this ruling is a victory for america. this decision affirms what millions of americans believe in their hearts. when all americans are treated as equal, we are all more

free. my administration has been guided by that idea. it's why we stop defending the so-called defense of marriage act and why we were pleased when the court finally struck down a central provision of this discriminatory law. it's why we ended don't ask don't tell. from extending full marital to expanding rights to lgbt patients and loved ones for lgbt americans in ways that were unimaginable not too long ago. i know a change for many of our lgbt brothers and sisters must have seemed so slow for so long. but compared to so many other issues america's shift has been so quick. i know that americans of

goodwill continue to hold a wide range of views on this issue. option in some cases has been based on sincere and deeply held beliefs. all of us who welcome today's news should be mindful of that fact. recognize different viewpoints. review our deep commitment to religious freedom. but today should also give us hope that on the many issues with which we grapple often painfully, real change is possible. shifts in hearts and minds is possible. and those who have come so far on their journey to equality have a responsibility to reach back and help others join them. because for all our differences, we are one people. stronger together than we

could ever be alone. that's always been our story. we are big and vast and diverse, a nation with people with different becoming and beliefs and different stories and bound by the ideal that no matter who you who you are or what you look like, how you started off or how you and who you love, america is a place where you can write your own destiny. we are people who believe that every single child is entitled to life and liberty and the pursuit of happiness. but today we can say and no uncertain terms that we've made our union a little more perfect.

that's the consequence of a decision from the supreme court but more importantly, it is a consequence of the countless small acts of encourage of millions of people across decades who stood up, who came out. who talked to parents. parents who loved their children no matter what. folks who were willing to endure bullying and taunts and stayed strong and came to believe in themselves and who they were.

and slowly made an entire country realize that love is love. what an extraordinary achievement. what a vindication of the belief that ordinary people can do extraordinary things. what a reminder of bobby kennedy once said about how small actions can be like pebbles being thrown into a still-like and ripples of home cascade outwards and change the world.

those countless often anonymous heroes, they deserve our thanks. they should be very proud. america should be very proud. thank you. [clapping] stuart: that was indeed an eloquent and moving statement from the president of the united states. a couple of items i picked up on. he noted that events on gay marriage have moved very, very quickly, and he said with this decision how ask who you love, you can make your own destiny. he said this decision by the supreme court had made our union a little more perfect. eloquent indeed. judge napolitano. >> i have been a very harsh

critic of the president, i thought it was brilliant and wove the same sex experience with the african-american experience from one of official repression and official discrimination to a gradual acceptance in society and i thought he did a marvelous job. two weeks ago he was attacking the supreme court and different areas he shouldn't be involved with. and in 24 hours he has received such incredible vindication by a institution that has not always had the gneiss things to say about . stuart: yes two weeks ago he was harshly critical of the supreme court,ical he would browbeat the supreme court. >> this speech he gave is one of the finest i've ever heard him give in weaving together thoughts from the heart and history as we have seen it . stuart: and it was justice kennedy who as you pointed out -- >> catholic conservative

republican . stuart: appointed by ronald reagan. >> yes. stuart: est man, he is the justice who wrote the majority opinion. >> yes. stuart: and who took this all the way to elevating gay marriage to the -- our selection of a mate elevated that right to the highest possible level in our society. >> precisely. it's no surprise that kennedy did this because he has written other cases going back to evans, can the state of colorado enact legislation that prohibits governments from helping gays to lawrence v texas. can the state of texas criminalize consensual sex amongst adults? these are written by justice kennedy. so it's no surprise he did this. what is a surprise is the broad and sweeping way he did it . stuart: but let me go back to slia the language he used today was far more harsh than the language he used

yesterday. >> yes. stuart: he said that the court has established a judicial push, that is a forceable take over of the government. >> yes. that's about the harshist criticism i have ever seen, i'm not even sure how to pronounce it, it's a german word that references the beginning of the nazi era and those actions took place by force and violence and were you are thely lawless, and he calls this decision a judicial pooched. he calls the majority egotistical . stuart: now what? you've got the split in the supreme court. >> you do but they are professionals. this is the law of the land. the affordable care act is the law of the land. it's great to be a supreme court justice. you now have three months off that can back out in october. they start with a clean slate . stuart: i want to go back to the president's statement a moment ago. he appeared to be out lining the gay experience in america. >> yes. stuart: he seemed to be doing it. but more than that, i thought

he drew a parallel between the gay experience in america, and the black experience in america. it seemed like he was establishing a lose parallel between the two. >> i think it was clear he was establishing a pianos parallel, and i think he was speaking emotionally and speaking brilliantly. . stuart: it wasn't really a speech, it was the man speaking from the heart, there was no teleprompter taking. >> yes. stuart: it was the best i had ever seen him. >> here's the essence of his argument. even though we were created with the lawfully years old of the independence and the constitution, in every age we achieve a little bit. sometimes violently with the civil war sometimes with the mass public displays, sometimes by the encourage of litigants and judges . stuart: yeah, all good stuff in my opinion. judge, thank you very much indeed. >> you're welcome . stuart: we do indeed have to pay the bills here.

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repeating supreme court ruling earlier this morning, same-sex marriage, legal in all 50 states it was indeed a sweeping ruling. and we just heard from president of the united states, president obama that an eloquence speech

a statement it was an em went indeed and impassioned had said the decision by the supreme court had made our union a little more perfect. orr news today specifically three terror attacks overseas. first in france one person beheaded others injured. isis flags draped on a factory gate in france. the terror attack occurred right there. before we go on to tune is a and kuwait i want to bring in terrorist expert ferris and former navy seal brandon webb both of whom with me on the program this morning. first to you. why did they behead someone? that is clearly a message of terror and intem intimidation, isn't it? >> this is how isis has been sending a message first of course in syria and iraq. foreigners, journalist and

workers, and hundreds if not thousands of both iraqis, christians an others, in france this is probably a first of the sort. for the team been but this isalling to the french it is not just about high level visible target. this attack against the factory could happen anywhere. >> let me just -- obviously, you know this news but bring our viewers into it. also an attack on a mosque. shiite mosque 15 dead there. a suicide bomber walked in apparently and the second attack, third we bring to your attention is in tunisia a beach set off. 28 were killed in that attack 36 wounded. well, first again to you. do you think there's any coincidence in the timing hear was this coordinated in any way, do you think? >> look in principle i would

have said it doesn't have to be coordinated there are similar attacks in tunisia and jihadi problem but second thoughts all happening on one friday in three locations, people executing on the ground didn't know this was coordinated but a theory. maybe at a much higher level they gave instruction that we need this action worldwide. but it would be a massive message coming from isis if indeed they have been able to remote control options worldwide. >> stay there for a second to brings in brandon webb a former navy seal. i hate to be what harsh look this, but you're trained for war, but you're not trained for this quite a few war there's not much you can do with this terror situation, is there? >> not necessarily. what happened in france also important to realize that physical victories of isis are

relatively small. but the terror an a the psychological impact are relatively high. but the u.s. and intelligence community is highly engaged. you guys -- >> trained, obviously, for taking rescuing hostages i can see that. are you trained to go in if you have identified a terrorist knock him off? can you tell me whether you're trained for that? >> u.s. special operations community is also trained on high value target direct action mission. so -- u.s. come is highly trained special operation os the world has ever seen, those guys are on the ground in the middle east and afghanistan. africa that you can do this kind of thing. >> they're fully engaged as well as the intelligence community. we have to i think acknowledge this is happening during ramadan the significance around that that isis is also in competition with al qaeda these days. >> well back to you if i may.

i'm told there's a connection between the terror attack in france, not sure i'm pronouncing it correctly -- [inaudible] i'm told that they are the people who want to take everybody back to the 7 president century but they were involved in this debate. tell us more about this please. >> they are largest pool of jihadist with the muslim brotherhood, guy has had dee but the combat those who want to take action with violent measures are basically the two large branch of al qaeda on one hand and all of the offshoots now isis. but let me say they are on their own. long wolf jihadists you're right largest umbrella of fundamental ism called shiite world is hezbollah and republic. >> stay there for a second i have to break away. back to the supreme court, peter barnes on the steps of the supreme court got the decision

there on gay marriage. what else have you got for us now peter please? >> stuart i have the lead plaintiff in the case james from ohio. he married his partner john arthur in 2013, had to go to maryland to do it. his partner was sick with als and they wanted to get married before he passed. and then they went back to ohio which banned same-sex marriage and then he sued the state of ohio. so jim first thing want to ask you is how do you feel about being part of history today ?fnlgt i feel proud that i was able to do this. because i love my husband and i made commitments to him. and i'm honored it is very humbling to have been through this. one of the issues of this is the impact it will have economic impact of benefit from spouses employer. pensions health care benefits what about this piece of this ?rveght for me --

i know that is a huge part of that. that is important for a lot of couples. for me, my husband is dead. so a lot of those things don't apply to me. but what i fought for was dignity and respect to have our marriage, lawful marriage recognized by our state. and that is what i wanted. that is what i was willing to pooght for. that is what shawn and i were willing to fight for. so i'm thrilled that couples across the country can now benefit from all of those -- benefits that you mentioned by getting married by having the right to marry. hum publicking to make that happen. >> argument you've heard from scalia and justice roberts they said this is a decision that should be left to the states. why shouldn't it be? they said that is what the constitution says. >> because we're talking about a fundamental right to marry and we're talking about civil rights. we are americans, and we're a nation of laws and those laws should apply equally to every

single american. and -- the argument that we should wait and let time take care of this, well you know for me and john we didn't have time. john died three months after we married. we did not have time. and the courts exist to help protect the rights of the minority. from loss that tried to deny them the right. so in my opinion being here was the right place to be. >> all right james -- thank you. thank you for joining us on fox business today. stuart back to you. >> thawrt very much indeed. cheryl with me. kind to want to take this out of the legal arena out of the political arena for a moment and personalize it because i think the president delivered a very personal and emotional response to this. and i think that gentleman right there plaintiff in this case delivering a very personal point of view. >> talked about the death of his husband and fact that this was

something that he believed in. you know, it is about love and family an president as well was talking about the children in all of this. how many children in this nation have same sex parents? what about the victimization of those kids throughout the years? this is a very personal issue and a lot of people are celebrating today they finally feel that they have dignity to live lives the way they want to live them. >> and how you file your tax returns, leave you know your estate to your errs, affects all of these things. as he was speaking iftion on my personal instagram account, and it is amazing how many brands and people are posting firs with celebratory messages with hashtag love wins. it is a very feel good moment for a lot of people. >> and businesses. >> we approach this as a legal decision rightly so. we looked at it as a constitutional decision and profound indeed as a political decision, but there's a huge emotional, personal human element involved herl. which is extremely important. >> that is what --

peter brought out in this interview. >> we have witness of a momentous occasion today in the history of our country such a huge turning point. >> huge cultural and some degree spiritual emotional shift. we've seen it. all right everyone question of to take a short commercial break. we're going to return to you in just 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 at ny.gov/business i've done the research and selected the options. now there's just one last thing to do: check with truecar. car prices change all the time for all kinds of reasons.

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right now up 94 points 17,984 nasdaq down 18 points loss of one-third of one percent. s&p up two. for week stocks are lower mixed we've got better than expected consumer sentiment numbers keeping an eye on greece up more than 4%. health care stocks after supreme court decision yesterday, was seeing health care stocks seeing hospital stocks, all moving high or, and also possible deals over the weekend. keep an eye on that. chips under pressure after moved number and on invidia. mycon down 18%. more varnny varney & company coming up after this break. [ female announcer ] who are we? we are the thinkers. the job jugglers.

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>> short ruling from the supreme court, it ruled that same-sex marriage bans must be lifted all across america. there are many 13 states must allow marriages to if take place. president obama addressed the ruling moments ago. second inaugural address i said if we're truly created equal then surely the love we commit to one another must be equal as well. it is gratifying to see that

prince. inshrined into law by this decision. >> hillary clinton has responded to the ruling. here's her tweet. proud to celebrate a historic victory from marriage equality and the courage and dernlings of lbgt americans who made it possible. tim cooke he says this today marks a victory for equality perseverance and love. our governor scott walker of republican ruling for presidency we believe. he says this i believe the supreme court decision is a grave mistake. no one wants to live in a country where the government cohearses people to act in opposition to their conscience end quote. that is the reaction to the supreme court ruling that came out early this morning. a different story story of course no reaction on economy to same sex ruling from the supreme court. nonetheless, we're following marketses up to a gain modest 91 points high higher shy of

18,000 we have a better consumer number than had been expected. but look at nicki this is an a all time high hit one earlier today. that is the high right now. that got excellent shoe sales for jordan kobe shoes great basketball player -- lebron. [laughter] yeah. >> thinking michael jordan. >> expensive sneak rs. >> selling well making a lot of money look at that stock go 100 on nike. >> thank you very much indeed. [laughter] check out restaurant stocks again all hitting new highs just as we approach lunchtime. did you know dan brand record highs all of them. computer hacking, you know that

is a major problem maybe a area to make money in how about that? next guest is starting a fund, solely focused on cybersecurity. it has pulled in a billion dollars in about 7 months. not bad. here is before you ask yes he's youthful. he's 29 years old. is that true indeed thank you for having me. >> great to have you on the set here. a etf baivet of stocks all of the same kind of industry, you invest in the etf and you have a piece of all of these small companies, is that correct? >> a global basket over 30 companies from u.s., canada, israel, south korea. >> all cybersecurity. >> exactly. >> do you manage these stocks within the etf or do you just sit on them? >> right so ise international security exchange built the index for us for this fund and managed underlying companies and

we track that. >> that is how you do it. now you're seven months old this particular fund of yours only seven months on the market. >> a little bit over but yes. >> you fulled in a billion dollars. >> rrnd a billion and a quarter. >> if i would have put in 100 on day one, what is it worth now? >> fund was 25 and trading in the 32 dollar range right now. >> okay. so i've taken a piece of the action in all of these what is it? 30 -- something. >> 30, 32. >> why do it around the world? >> we think this a global industry and if you want to get exposure to what the industry is actually doing and people who want to invest in cybersecurity we want to make a pure play for investment for individuals that want that exposure. >> they say you on the subpoena s&p 500 we can help you and prevent hack attacks. >> they help governments and corporations, individuals they're in all a aspect of the cybersecurity ecosystem. >> why did you start it seven

and a half months ago, did you see this coming? >> we -- when we were approached with this idea we fell in love with it and tried to get it out as quickly as a possible. maybe we would have tried faster. >> you're the kind of guy who of los to hear about a big hack attack. you thrive on this stuff don't you? >> no. >> you do. >> this is a very serious issue that can happen from this and we're happy to introduce investigator this is this industry. this is an e moarnlging growth industry one that weren't familiar with until celebrity nude and sonny hacks two week after he launched sony attack it occurred m >>. >> which company do you think is the star of cybersecurity? >> you know -- are you allowed to tell me? >> yes i would be. but you know, the reason that we launched a fund is because this industry is one of constantly changing. evolving it is a war you don't know who winner will be today or tomorrow and created a fund not everyone can be expert and focus

on all of the companies in this industry. being able to get companies doing all of different pass set of cybersecurity solutions can be consulting -- >> that is telling the truth you're 29 years old you have other funds as well as this etf on cybersecurity. are you personally worth $50 million yet? >> gosh no. 20 -- >> no. come on 10 no. : got to be. i don't believe a word of it but andrew shannon with etf29 years old. pleasure having you on the show. >> fantastic being here. thank you very much. >> you're worth 10 million at least come on. [laughter] all right thank you very much app drew i'm not sure whether you want to come back, but you can if you like. >> my pleasure thank you very much. pmption big news from ford getting lost in all of the news that is breaking today. faulty brakes allegedly on its top selling f550 pickup trucks dealing with it just a moment. know xerox as the company that's all about printing. but did you know we also support hospitals using electronic health records for more

than 30 million patients? or that our software helps over 20 million smartphone users remotely configure e-mail every month? or how about processing nearly $5 billion in electronic toll payments a year? in fact, today's xerox is working in surprising ways to help companies simplify the way work gets done and life gets lived. with xerox, you're ready for real business.

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replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. >> interesting stuff. more states issuing licenses for same-sex marriage. almost immediately right after the ruling for the supreme court came down. >> couple of headlines first the governor of kentucky instructing all county clerks to issue marriage license that is beginning right now and also, in texas about an hour and 20 minutes ago, about about 20 minutes ago we saw in texas as

well that same sex couples in texas are getting their marriage licenses from county coast. so they're at the courthouse and then news from georgia that weddings were commencing in courtrooms in georgia. >> just immediately. >> seeing tons of pictures on twurt especially from texas travis county saying that it is a party like atmosphere you see parents and some with children in their arms. special moments. >> we've been sitting here monitoring social media fulling up. breaking tweeter for the day. >> i want to get to another important story the company, mtsb is now investigating the f150 for fomenty brakes. the stock is virtually unchanged gary this is important. just an allegation and there are complaints of faulty brakes but this important with the ford f150. >> definitely although specific to one model is ecoboost model.

they need brake booster, so what they did they try a different design when it was launched in 2011 and 2012 as well. from the parts catalog it seems that they resigned it in 2013 and more of a conventional define for powerbreaks booster but we're talking about a quarter of a million trucks now 32 complaints but i went online and forum for the trucks many more complawnts than that. videos explaining the problem how to fox it. so it is bigger than 32 people. >> but it is not a huge deal for the ford -- or f150 rather element ited series of complaints. >> one model talking about a quarter million. >> great information and we thank you for that. good luck son. we'll have more varney for you in just a moment.

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the left are waiting the ones on the right are pulling power out of thin air. pretty impressive, huh? now, two things that are exactly the same have have never been more different. ge software. get connected. get insights. get optimized. ♪ ♪ ♪ (singing) you wouldn't haul a load without checking your clearance. so why would you invest without checking brokercheck? check your broker with brokercheck. >> i think it is important to realize that today if you're waving this program or news program if you heard about this news you watched history being

made. what you saw today was a sweeping ruling from the supreme court that said same-sex marriage is legal in all 50 states that is a revolution going too far with that word but it is a huge cultural shift at the stroke of a fen just like that a 4 ruling. >> witnessed civil rights for people who felt oppressed here for declare decades suppressed that had to hide in the last ten years, this had been a legal fight but at the end of the day it is about family and love and the right to be who they are. >> lauren. >> you have the map up of the whole country now saying yes to same sex marriage. >> whole country has but supreme court has. but those banned and some of them, georgia, texas, issuing marriages. >> happening already. >> it is instantaneously.

glad you could join us everyone. extraordinary event. history was made today. neil cavuto it is your turn, take it away please. >> thank you very much. whether you're straight or gay issue abroad for a lot of low-cals is are you alive. so our station on this particular issue seems to be taking a backseat to their fixation on simply breathing another day. in france they're trying to understand what led to an isis inspire it had attack that is left at least one dead one injured, and many on the land. you have separate attacks today in not only there but throughout much of the middle east. you have growing concerns that for example in yemen other related areas all taking responsibility for the same attacks on three different continents that there's confusion as to whether isis is readying something else. not only beyond the 28th killed in tunisia and bomb attack