choice is always better than the government one-size-fits-all solution the matter which side government picks. that is our show. see you next week. kennedy: is an exciting thursday watching the supreme court if they would rule against the administration on obamacare and that subsidy tax but the court was not feeling very little -- liberal with a creative interpretation the status quo stays. justice bill yet -- salia was skating and said he plays favorites that will create confusion in the

future. is ongoing frustration with the interface between the supreme court and the a california could be summed up that pulls no punches '' we should start calling this lot the scotuscare. we will talk about the descent but the ruling with andrew napolitano. end with the investigation into the underground black market created by a michelle obama. thank you for showing up. >> just like that obamacare survived the test at the supreme court once again and to break it down our senior

judicial analyst, welcome back. >> no matter what we are talking about great to be with you. >> established by this state what president does this ruling today said at the court? >> it says when the court wants to assume intend or rewrite or chavis of played a meeting of ordinary english words the court will do so to characterize the words and the phrase as a vigorous then rewrite the statute the way they think it should be written but what is unique with this line of argument but it needed the government nor the plaintiffs challenging say it is ambiguous so for it to decide that on its own

is unique and a troublesome because it is the president to do it again it is unique because courts don't necessarily do this to read between the lines for what they meant when they use plain ordinary english. kennedy: and the justice said we are governed by laws not men and he went on to say that this court plays favorites with the laws that it likes. is he right question mark i think he is. for week it is of brilliant and active as soon descend i don't always agree with justice scalia he is a joy to read because his skills are second to none but really, perhaps the most powerful steaming and biting dissent i have seen from

him. but here is what he meant when we are a nation of laws because the government writes the laws down for the court to say we have the words the government used but we don't think they meant to say what it said is a very, very dangerous area and then you get into power to read no other than what it said? why didn't the government write down the laws that it meant? kennedy: then you are in a very precarious place that is the definition of a slippery slope for the proponents and imagine if that same logic or philosophy was applied to what they did not like his say and that triggered tiv interpretation has consequences. >> there are times they bend over backwards to salvage a

statute rather than dislodging it because of one phrase that they must do so to use the standard interpreted as if techniques is essentially they said the word estate in the statute does not mean one of the 50 states or any of them the generically government but scalia says use the word state seven times each time it is uppercase it clearly referred to all or some or one of the 50 states so how can you take this one used to claim it is ambiguous when you say grey for the same purpose for the entire statute? >> glenn letter could change the meaning of a phrase and it doesn't seem like that is the job of the highest court

in the land then thank goodness we have you here to sort this out progress has been a long day. thank you. president obama chuck no time to take a victory lap. >> after presidential election based in part to preserve or repeal the law after multiple challenges to the supreme court and the affordable care act is here to stay. kennedy: he literally cannot with a fly ball and he expected. -- spike it. now we have never guessed. welcome gentlemen. nice to have you both. what are the political ramifications here for the al lot? was there a sigh of relief for those who did not want to deal with day

alternative? >> republicans had eight different any there were popular and cahow zero but have continued to some degree because they could not deal with people losing subsidies or insurance but there was day crackling tory so now they can run against obamacare period i know you don't like that terrible thing that we have to do but now we want to repeal them will be happy to run against it. >> why didn't they take this back to congress? >> basically this lot is drafted sloppily but we will squint to look at the general shape rather than the specific language of the text that clearly says subsidies are limited only

to exchanges established by the state's plus the district of columbia not the federal government so roberts rewrote the law to preserve the status quo to preserve the administration interpretation and implementation of the loss so far and does this under the mantle of deference to congress but really he says it means something them but the clear language says pat roberts did not want to get into it or for the court to decide what obamacare is or is not. but in a sense he has made a political choice and it was inevitable. >> this entire law whether a the legislature of the supreme court is a political and emotional process is

there any chance legislatively will the lot never be repealed? >> a better way to think about it. >> go any direction. >> i would go towards the thought how likely do you think it is that obamacare in the form that there was passed as modified will be an existence 10 years from now? very low because they have not implemented it and as they do they will continue to change ted. the 426t the referendum as it relates to health care or health insurance. has the plan? hillary clinton will say she can republicans will say something about regulation

or lawsuit reform. kennedy: what is next? >> roberts made the decision to preserve the status quo through the election i don't think we will see a lot of action until after the 2016 election. kennedy: thanks for giving me the man action is that i needed. [laughter] my panel is here. a new paul has donald trump who is laughing now? those the confederate flag but pulling down the jefferson memorial? come to your senses.

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i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com. kennedy: a new fox news poll has donald trump in second place. 11% he trails only jeb bush from the top of the massive

heap of the of candidates. top five is dr. ben carson and rand paul and scott walker. so break in the party panel to discuss. we have our fox business producer. and the red eye cohost that we launched this week. and can he produces is everything. a rainbow of children. [laughter] exciting news about donald trump what does this say about the country? the initial excitement of the trump speech that has people talking but i did not think it would galvanize it sells. >> the american people finally decided they are

finally ready to take that action the radio here in america why not go out laughing? sixty-four% of respondents think of it as says sideshow but that is a compliment. >> there are two possible explanations and the second is that 11 percent of the primary orders. so i would not discount that. the flip side is donald trott is known worldwide and only 11 percent have him as a candidate that is not a good sign. >> he literally has

buildings and golf courses all over the place but ted cruz has the series of ships named after him. [laughter] i honestly think the country is like a girl getting all of a bad relationship. and had their hearts stomped on. so now the girl is on the rebound looking for the opposite. >> you are right he does appeal to people who thinks the last person is a politician. stemming from that logic but he is famous his tv show, his name plastered on every building so he does have that name recognition but that does not mean that people will vote for him.

>> i think there is a problem angelou translated the populist spirit too vague to free-market policies. then you end up with a full populist who can speak the same. >> it could have very dangerous results that is difficult to marry i am worried there are not enough people running for president right now. >> there is no chance they will be the president but i would be very wary about his participation. it isn't good for the party but for those who analyze

this is the content. [laughter] just like univision is dropping usa pageant. >> coming up with the common-sense response to the confederate flag but now it gets silly. how a young prince george make an american company a make an american company a lo

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one. kennedy: welcome back. talk about removing the confederate flag from public's plate -- places and the slippery slope as a call to remove the flag from the shelves and to tear down statues of generals then it threatens the symbols of most american ens revere life the jefferson memorial some even said the american flag itself. now we're back to our panel. watching mickey came the i thought she did a very adept job to explain the problem and a reaction it sounded pragmatic but now it has snowballed into something else calling for the removal of the flag. >> it is the symbol that for many americans seems racist

that is why people wanted to be removed but they are historical figures that things have happened and just like to a apple store was getting read of the state with the civil war flag like the battle of gettysburg. kennedy: all civil war related videos? direct which is ridiculous considering that half of them has a nazi in in a treaty from play as that now to be unacceptable it is one from a government experience into video games? >> give breeds ignorance to take those historical games

out of activities you are depriving them of knowledge but now it is no fee is like "gone with the wind". >> i blame taylor /. [laughter] running scared all week. >> now we're at the point comparing thomas jefferson's tour jefferson davis sinecures baking and the jefferson jackson dinner tomorrow. eight talking about asian-americans service is better if we have memorials to them. and with "gone with the wind" there are things now it is like a cultural artifact and it should be watched and examined as such.

one i can see where it should be taken down from government buildings because those are from the taxpayers. lot of people find this offensive but the snowball effect but it goes too far with the true meaning when social media gets behind it when you're really forget the way this whole thing started was the death of nine americans in a church. >> the central just as warriors that called for tearing down statues and monuments are doing disrespect to all confederates who has been a boy all to the chicago voters i don't think is fair

at all but it is such an overreaction. >> there are artistic works that have technical and artistic merit. we should be grown gephardt -- grown up enough that they may have problematic views. kennedy: what happens is it forces us to lose% -- perspective to breed collectivism. >> it would be so much more easier if history never happened to. [laughter] we have more in a few minutes. you will not believe what the kids are smuggling into school. than the love child is into

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kennedy: nothing more exciting than winning the lottery and a birthday welcome to the "topical storm". another sign people have given up crocs to flyoff this shell says they discover the flow where you can blame it on prince george if they do is good enough for him then you may need a pair. this is not the first time a celebrity has pushed them into the spotlight. remember this guy?

eight was wearing nothing but a smile. number two. bob agent all -- bobby jindal breaks the bad news to his children he is running for president. although it is so poor the shot it is hard to understand what is going on. can you figure it out yourself? >> we have talked a lot about this. we have decided i will run for president. >> that there is so exciting. they're all in different to the proposition for this is

the creative hijinks i can only imagine how exciting the rest will be number three. and excited theater treated to a surprise when they went to see the new movie inside out expected to see this. but instead the theater accidentally shelled this -- showed this. kennedy: is serious. that was of vastly different theme although some of the

of adults were relieved some of the kids were scarred for life they invited everyone to come back next week for the double feature schindler's list and the exorcist facing formidable foes while as governor that they will help against like sodium pentothal with the interview skills he was talking about his marriage and the situation and tanks to the extramarital affair. >> it is fantastic but including my fifth child of so he is terrific and totally understands the situation it is a tough

situation for him and my kids and my family. but it has happened now we have to try to figure it out kennedy: how words stirred also last about couples therapy and is talking about a helpful? >> did you seek out their appeal or personal help? >> yes. marianne and i and the biggest mistake i ever made. [bleep]. if that is not the answer? >>. >> look into to score some loving from the llama.

[laughter] excellent name. you have to abide him a drink she left heartbroken the he just isn't looking for any thing tears serious. if you have flared stories go-ahead to send me a tweet @kennedy nation. the panel is here for another round and i have good news politicians they make it legal for year to be buried with your pet is that insane? and why you should hate the

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♪ kennedy: the 8q. the irs raised 422 backup tapes were erased that had missing emails from displaced lois lerner the same inspector general that exposed the ira's targeting of the two-party groups but don't worry the loss was probably accidental. schaede mitt to pay her taxes laugh neck and neck.

[laughter] so what are the chances? but the bright side is the chinese cannot get their hands on them. the first rule of bureaucracy club did not endanger the bureaucracy the bureaucrat tonight in, jr. the of bureaucrat it must protect his or her own existence. >> that is great. a round of applause. [applause] you must put that in writing somewhere. then you will get audited. [laughter]

so what is the intention? >> completely delicious. hearty mistakenly deletes this many emails have you tried to delete than at a time it takes a long time your computer freezes and shut down it has to be intentional because that'll think the software is capable to debate by accident. >> even after they had that congressional subpoena because that is quite a responsibility. >> the real solution is if we elect hillary clinton and she can put this data on her server that is not vulnerable. [laughter] you will never see a but it will be safe.

>> with a head of hearing the indiana county school board that students will add taste to their food they have started a black market that had been caught bringing salt and pepper and sugar. that is being smuggled in is that the white doubled? [laughter] >> with a taped version of the prison scheme. i wish this were true but i don't believe it but it gives me such a vision du note that he has all packets in his pocket? if you can get suspended for chewing a pop t.a.r.p. into the shape of a gun and?

>> i had a friend who would point to flower into baggies and right cocaine it was very funny. but this is exactly the things that should appeal to kids. frankly if you ban more things to create a black market we will learn more. >> that is the best point it is a great example of our free market works. >> there is a short story in '78 that plays that it would outlaw a eggs and butter because of high cholesterol and as a result the market was underground but anybody who understands how markets work it is not surprised. >> bell wait and see.

[laughter] kennedy: it could be possible for a cat lady to of the weird as the bill is passed people could be buried with there pet. making it just the fifth state to allow that. is that a victory? >> i think if they want to live after words is fine but just dodos the egyptian route. they would bury them alive. but if they were already dead it gets more creepy. kennedy: so what do you do with a dead cat after it is dead sea you can bury it with you? but the chances are we will outlive the pet? >> i assume you would bury the pad next to where you would be buried.

>> cemeteries are not required to have a pet burials but sometimes they comeback. sometimes dead is better. [laughter] it was a little weird that you picked on the cat lady. kennedy: but there isn't the common expression dog lady that she was surrounded by 80 dogs. >> because they tend to die in their 50s. [laughter] when you dial dash cats will

eat you but the dog will run to the neighbor's house to alert them. [laughter] which is better for the environment? it is the family show. you heard a year first. [laughter] date you very much. we have tens of commons from earlier in the week the good and the bad and the ugly between the hall of fame quarterback hit by cancer and his daughter is here looking at her dad's battle. it's one of the most amazing

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kennedy: tim kelly led the buffalo bills to four consecutive super bowls between 1991 and 1994. i went to the 93 game. but in 2013 of a favor won a battle with oral cancer and a recurrence in 2014 his daughter was inspired to write a book about the experience and she is here tonight. how are you? i am good. kennedy: i love the picture on the cover of the book. >> that picture is a real moment betrayed a daddy and a daughter i remember that moment specifically we're in our hotel room after he was let out of the hospital for a few days because he was

getting kilo and radiation radiation, was traveling back and forth to be with him and i remember that moment as if it was yesterday with him struggling through it all and i was blessed to have moments like that with him. kennedy: my mom had battled cancer in various forms of other breast cancer or lymphoma and in reading your book realized you come closer together as a family to develop a protective shell and beautiful things happen and that is felt through the title of your book. it is about toughness but the humility you feel as to fight to gather. >> absolutely. through the weakness that we bonded and that is the most powerful thank the you can find strength and what i

found thrall of this and watching my dad suffer that god showed us his strength in the midst of it and brought our family together. it is an amazing thing to know that something so hard and deeply wounding could have such an impact. kennedy: but your dad is doing well now. it is very uplifting the you have all come together to give such strength he is doing great. >> absolutely. one day at a time he is still appealing -- healing but is doing great. one day every day is closer but he gets his cayennes every three months and he is still cancer free and we thank the lord for that. kennedy: that is amazing his football career has helped him and his family but is he

different now? has he changed through the process? train wreck absolutely. we're all different not only my father but the whole family. we bonded so stroly together to see him now i remember who he was before the cancer because it has changed our outlook and we begin to live more courageously with a faith in god because when you face with the death for those circumstances, it causes you to trust god to walk hand-in-hand to love each other to share every moment that they have. kennedy: it is a beautiful book. you must read this if you have spent to the battle. thank you again. my twitter blew up with my interview with a and a called third. you can sound off next. ♪

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kennedy: let's get started into the mailbag. what is the drug they slipped into the kool-aid? my wife and i look forward even though they're wrong but in a bell with the subject title psycho and a mannish schuss you went out

three years we can twisted words in a sad then scratched as a kid to carry hatred for so long have you ever considered a shrink? right more often than wrong to make a positive impact when given an opportunity but god bless little ladies. and to cut through a layer of ps so with that current matter at hand are appreciated by the thank you for being here. you are annoying. i shake my head.

>> i had ann coulter on this week and a lot of you decided to wait and. >> stay away from her kennedy she is poison. >> getter -- get her. she is a bully. you actually out debated her but kennedy your rude treatment of ann coulter russia able. however be goodwin, [laughter] follow me on twitter @kennedy nation and e-mail i

am off next week moving my entire family to new york city to be here with you seven days a week. i love . good evening, everybody. i'm lou dobbs. a national debate on whether the confederate flag is a symbol now of division, hate and oppression has been building for days in the wake of the charleston church murders but today big business short circuited the big discussion and took action to resolve the issue of the confederate flag on its own. as a result the flag appears to be rendered a civil war artifact and is now headed to the dust bin of american history. in quick order, south carolina's governor nikki haley called for the removal of the flag from the capitol grounds followed by