much. >> mom is taking care of the puppy. thanks for joining us and have a great monday. we'll see you tomorrow. >> and it is a fantastic morning because it's monday, march 26th. i'm gretchen carlson. thanks so much for sharing your time with us today. let me tell you what's happening right now. a case headed to the supreme court will change the way you live and die. people lining up to hear historic arguments of whether obamacare is constitutional or not. we're live with the latest for you. >> meanwhile, rick santorum takes on "the new york times" calling a reporter's question a bunch of b. s. did the republican hopeful go too far or did the paper cross the line? we are going to report and you are going to decide. >> is the chevy volt a good car getting a bad rap? one of our guests coming up saying it should have been an american classic but it got tarnished by president obama's name. interesting thoughts. "fox & friends" starts right now.

>> good morning. everyone. hope you're going to have a fantastic weekend. i'm back here. i'm a new mom. no, i did not have another baby but i have a new baby at home! >> what do you have? >> what kind do you have? >> it's a rare italian breed called a rigato romanalo. bela is our new baby. >> describe it. never heard of it. >> big dog, little dog? >> it's very wonderful with kids. a medium sized dog and for this mom, it doesn't shed. >> ok. that's -- less cleaning up. burmese mountain dog, beautiful dogs but i think they have a few little hairs. >> are you kidding? you need an oreck on idle at all times with the golden retriever. >> i know why gretchen came back today, the health care fight is about to take place at the supreme court and the format is quite interesting, they'll be debating for six hours and three

days including a double-header on wednesday. >> that's right. today what they're going to do -- today what they're going to figure out first of all, there's a live picture of the supreme court. today they're going to figure out whether or not they could actually hear the argument. that could be the way they could punt it. a lot of the law does not go into effect until 2014. tomorrow, they'll talk about the mandate and on wednesday, they'll talk about severability. if they strike down the mandate, how much of the rest of the bill they have to throw out. >> but we have to go back in time 145 years to this law that i'm sure is just on the tip of your tongue, right? have you ever heard about the anti-injunction act? i hadn't. anyway, it says "courts can't rule on the legality of federal taxes until they are imposed." why is that important? because could this supreme court actually hear this case, take it on and then say, according to this old historic law, look, he can't do anything until obamacare is in full impact which is not until 2015.

>> here is the magic of not being a lawyer, that makes absolutely no sense to me. >> why? >> because it got to this point, the court decided we will hear this case. don't tell me you're still deciding they're going to hear this case. don't waste this time and waste the lawyer's time. it's unacceptable! >> they decide to hear a case and their decision is we're not going to make a rule on it. >> it's a possibility and it would give the supreme court the opportunity to punt. however, when it comes to politics, both sides, not punting. here, you're going to hear from one of the president's trusted advisors on it will be upheld and you'll hear from lindsay graham on big trouble for democrats. >> how confident are you that the supreme court is going to uphold the individual mandate? >> well, you've seen jurors appointed by both democrats and republicans and lower courts uphold this law. two very important conservative jurists offering two different opinions. we think there's going to be a

process that plays out this week and obviously the supreme court will deliberate. we'll continue to make sure we inform people of the benefits available to them. >> the vice president whispered to the president when he signed the bill a few years ago. this is a big f-ing deal and it's become a big f-ing deal for the country as well. >> there's a lot of use of interesting vocabulary going on the scene. rick santorum is adding to the bleeps that we can't tell you the real words. he's going to be outside of the supreme court today taking on health care. this is a smart political move for rick santorum today because this is going to, you know, make him different from the guy he's going up against, mitt romney. a lot of people think that romneycare is similar to obamacare so will this be a good day for rick santorum? he stands outside of the court while these justices decide whether or n not it's constitutional. >> he had a big day on saturday because he won louisiana and now he's going to focus on wisconsin. first thing is first. one of the best things he can do is paint himself as the underdog

which he is. he has less money, less people and he's come out of nowhere to be a contender. he won his 11th state, i believe. to do that, he has to pick an enemy and one has been governor mitt romney. i think he found another and it's "the new york times." >> that's right. on a line yesterday, wisconsin, here he is the end of the rope line when a question was asked by jed zellney of the "new york times." mr. santorum didn't like it. >> senator, you say that mitt romney is the worst republican in the country to go up against barack obama? >> i would say on the issue of health care, yes, that's what i was talking about. obamacare as you heard me say. that's exactly what i said. >> on the issue of health care. that's what i was talking about and i was very clear about that. >> here's the deal. this is what he said after the cameras went off. quit distorting my words. it's bull blank because it was

the fourth time that he was asked the question about something he had said in a speech when he said many times before when talking about the issue of health care, he believes that mitt romney is the weakest republican candidate that could go up against president obama on this issue. you saw he's signing autographs there and talking with other constituents about the same time. is this a smart move for rick santorum to blast "the new york times" now? yeah, it is, especially because the supreme court is taking on this issue today and he's going to now feed on media bias of the "new york times" and also on this huge landmark decision that could be a good thing for his campaign. >> there's a lot there usually when you talk about "the new york times" and media bay as. here's what rick santorum is saying. i was aggressively attacked by "the new york times" reporter all too ready to defend the two of them and ready to distort my words. two of them meaning mitt romney. i think it's high time that conservatives find the courage to expose the liberal press of what they are, a defender and enabler of romney's and obama's

liberal agenda so linking them both together. but wouldn't say that's accurate to say that governor romney has a liberal agenda. >> there's more. so mr. santorum is using this perceived attack by "the new york times" to drum up some support moneywise. he has his blast from the campaign saying i'm ready to take on "the new york times." i count on you for a $30 contribution? that's how much a subscription costs to "the new york times." actually a subscription to "the new york times" costs a lot more than that. i'm sure he'd like more than that. right now he's asking for $30. >> coming up at 7:20, rick santorum will join us live. we'll find out about the latest salvo and can he win a midwestern state? that will be key for him. >> we need to kick off your headlines for a monday. begin with a fox news alert. two british soldiers shot and killed by someone wearing an army uniform overnight in afghanistan. that gunman shot dead.

the attack the latest incident now where afghan security forces or insurgents dressed like them have turned their backs on international troops. the death toll of a house fire has grown and stands at nine. a 7-year-old boy the latest victim has been taken off life support. six other children and two adults killed in a fire early on saturday. it's the deadliest house fire in charleston in 60 years. the cause remains under investigation. just before midnight, president obama gave a speech in south korea directly calling out the leaders of communist north korea over their nuclear ambition. >> your provocations and pursuit of nuclear weapons have not achieved the security you seek, they have underminded. instead of the dignity you desire, you're more isolated. >> president obama gave a similar warning to iran saying it's running out of time to reach a diplomatic solution to

its nuclear stand-off with the west. a terrorist side of the story published in the scottish newspaper. the full details of lockerbie bomber abdelbaset ali al-megrahi grounds for appeal made public for the first time. convicted libyan terrorist was set free in 2009 claiming he had months to live. he's still alive and kicking. the newly released 800 page page document gave the reason that he argued the conviction should be overturned. among them, he claim the lawyers were not given the evidence against him. 200 people were killed when the flight exploded over lockerbie scotland. it's believed it was ordered by the late dictator muammar qaddafi. >> maybe it's libya's incredible world class health care system that has kept him alive. >> right. you've always lauded their health care system since i've known you. >> you've heard many bad things about the chevy volt but our

next guest says it is one of the greatest american cars on the road. is it being tarnished by president obama's record? you'll hear from this guy coming up live from dallas next. >> should you be forced to hand over your facebook password to your eventual employer, your boss? some companies say absolutely before they hire you. now the feds may get involved. >> i heard it was password. >> thanks for letting me know as i get older, i'm making changes to support my metabolism.

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all because of president obama's record, perhaps. joining us right now from dallas this morning is ceo and speaker of silverman media and media entrepreneur as well. good morning to you, lee. >> thank you, steve. good morning to you. >> what do you mean that the car has gotten a bad rap? almost guilt by association. >> you know, i love oil and i'm a drill, baby, drill, guy and unfortunately, i love fox news and love -- feel like i'm kind of attacking my own family here because i love o'reilly and i love neil cavuto and i love eric bolling. like a lot of my fellow conservatives, they have a fetish for demonizing the vote and they're perpetuating this myth that the volt was some green energy fantasy, as you said it was forced on general motors during the bailout. it had been development for two years before obama was elected and it was championed by one of the greatest car executives in american history, bob lutz who

is a conservative and a climate change skeptic. so it's a myth. tax break was implemented by the bush administration and not something that occurred during the obama administration. unfortunately, there have been a lot of myths perpetuated. do you know if you live in ohio and have a volt, do you know where the electricity is going to come for that volt? >> coal? >> you got it. that exotic green energy fuel known as coal. the great thing about the volt is it is the quickest and most effective way to bring american fossil fuels like natural gas and coal and nuclear power to american automobiles. and i don't see -- i don't understand what's so conservative about wanting to send $35 billion a year to hugo chavez's venezuela for his oil or to send $70 million to opec oil countries. i don't see how that's

conservative. we're propping the oil prices that is giving iran the resources they need to fund nuclear weapons. we have to stop this and the chevy volt is by far the best way to bring all american energy, not just renewable sources which is terrific and great for the environment but our coal, our nuclear, our natural gas which we have a lot of to our automobiles. there's no real efficient way to do it other than by electrifying automobiles. >> i'm glad you brought up the myth that so many people think that barack obama came to office and shoved this down g.m.'s throat. it had been in development for at least two years as you detailed and you also talk about how much energy we could actually save by using the volt. we've got a big graphic over here that people can see. as you can see, if there were 30 million volts on the road over 10 years, you'd save 694 million barrels of oil each year, 103% of oil imported from the mideast

or opec. so we certainly would be more independent than we currently are from hugo chavez. you say this is a national security issue. don't you? >> absolutely. again, as i said, we're propping up the world oil price. we need a lot more production. what we should do, we can get gasoline down to $2.50 a barrel. that continues two things. a lot more oil production. one of the things is that the obama administration has had an anti-american fossil fuel agenda and that's tainted the volt but we need to reduce the demand for gasoline. and again, the way to do that is have a lot more chevy volts out there and the volt is a terrific car. it's the iphone of the american automobile industry and it won the north american car of the year, the european car of the year both in 2011, first time that's ever happened. it's the safest car on the road according to the international institute of highway safety. so this is a wonderful vehicle. look, i'm a 6'3" guy with a lead foot and the last thing i want to do is drive an econobox and

i've driven the chevy volt. fantastic vehicle. very impressive. over five years, save a ton of fuel. there's a price differential but at the end of the day, we really only need to get the volt about 20% cheaper to make it comparable to the chevy cruz which is the gasoline model that's equivalent and, you know, look at flat screen tvs. they've come down 50% in five years. computers have gone down 90%. so it would be a huge thing for national security. it's a great vehicle. and it's a great way to maximize american nrenergy? >> i knew i was going to talk to you today. i test drove on saturday. you're right, it's a cool car and it's smooth as glass. if people are interested in that kind of vehicle, check out the chevy volt. >> one quick thing, it needs two things. two options, a bumper sticker on the front that says shove at hugo chavez and a bumper sticker in the back that says i'm driving an anti-terrorist weapon. that's all you need and you've got a perfect car with a chevy

volt. >> you make a good point. all right. lee speakerman joining us today from dallas. thank you, sir. >> thank you, steve. >> real pleasure. all right, 19 minutes after the top of the hour. this just in, president obama using privileged access to one of america's greatest landmarks to reward his most generous financial supporters? is that legal? we're going to report and you're going to decide plus the atheist who used to protest christians is now thinking about becoming a christian. what they did that made him change his mind, perhaps, as we roll on live from new york city. the next revolution in music is happening here.

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>> if you're just waking up, a

couple of quick headlines for you now. venezuela's president hugo chavez begins radiation therapy in cuba and plans to travel back and forth between the two countries for that treatment. chavez had a tumor removed last month and a japanese fishing boat flushed out to sea by last year's massive tsunami ends up off the coast of british columbia. nobody was believed to be on board the drifting ghost ship that officials say will be towed now to shore. brian? >> all right, gretchen. outspoken atheist who most recently threatened to sue over a courthouse nativity scene in texas is getting help from the same christian community he was ready to go up against. when patrick green learned he had an eye disease and could go blind, members of a texas church raised funds to help him pay some of his bills and one of those men who helped lead that effort is pastor eric graham from sands springs church in texas and joins us now. pastor, welcome! >> thank you. >> so when did you find out first off that you were being sued? you were coming up on christmas and all much a sudden you found

out you were being sued, correct? >> actually, it was after christmas. we had the freedom from religion foundation that was making some threats towards us before christmas. our county officials decided we would not take down the nativity scene. we had a rally at the courthouse which turned out to be a wonderful worship service with zero opposition and when we began understanding that we were being sued is around february. we began getting e-mails from patrick green to us individuals who were involved in the rally and also some of the county officials. he said that they were going to be suing us and was pursuing that. >> all of a sudden, that began to fade away and later you'd find out because he had eye disease and his eyesight was withering and why did you feel as though at that point, instead of saying wow, we're free of him. wipe my hands of him. why did all of a sudden the feeling in your congregation be let's help him?

>> well, actually, brian, that's just -- that's nothing that we had to think about, pray about, it's what christ commanded. it's a natural result when god comes into the life of a believer, their relationship with jesus christ, that you love people and so we're told in first john, we should not love in word only but in deed also. our churches around the country, people that have relationship with christ, they help people. that's what we do. >> it's really affected patrick green. as his eyesight is getting, he needs help with his groceries and everyday living and it's almost implanted a transformation in him, how? >> well, originally he was really cynical and closed off to the idea of god or christianity but he has really opened up his heart. we have conversations daily over the internet and e-mail and he just really has been impacted by

the kindness of the christians in our community. >> and here's exactly what he said. this is from patrick green. here's the quote. the way we've been treated by the christian community in henderson county is completely opposite of how we perceived christians before. he's even mentioned to you he's going to look to study the bible and maybe move there? >> yeah, he's in the process of trying to move there and asked if i would study the bible with him. of course i would. most favorite thing to do is sit down with someone and study the word of god so i'm excited about it. >> interesting transformation. and it all happened in one town because you weren't angry. you put out a hand to mr. green. pastor eric graham, thanks so much for joining us and sharing this story. >> thank you. >> all right, we move ahead. what if your boss forced you to hand over your facebook password? for some companies, that's the new norm and now the feds may get involved. by the way, have you seen this ad? an actor playing the president

pushing grandma off the edge of a cliff. remember? >> i need a pacemaker! >> that wasn't real. we'll ask stuart varney how that ad will play out which is -- he was just in the studio and he left and walked back. happy birthday to steven tyler. he is 64. and looks 64. i'm a lobster girl. top qualitlobster is all we catch. [ male announcer ] don't miss red lobster's lobstfest. the only time of year you can savor 12 eiting lobster entrees, like lobster lover's dream i'm laura mclennan and i sea food differently.

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one application kills weeds, and stops new ones for up to four months. roundup extended control. >> time for your shot of the morning. you're looking right there of me with john bender wearing a big st. patrick's day hat. i shaved the middle of that young man's head. that young child raised money for children's cancer. it's part of st. baldrick, fun after st. patrick's day. that's john bender, right there he co-founded this thing in 2005 where you get sponsored like a walk-a-thon. >> you're not qualified to be doing that. >> that's what i tried to tell them. i'm shaving kids' heads and they raised a million dollars. $ $140 million since 2005. this guy came up with the idea to raise money for children's cancer and the money goes right

to research and to hospitals across the world and a lot of people are picking that up. >> after you shaved that stripe, did you finish off the rest of his head? >> i started to. they wanted me to go up his ears and i said isn't there somebody here with a license? >> when you first saw this photo, i thought you were holding a beer. you would to have a beer first before you have enough guts to do that. >> i'm smarter than you and put the beer down before they took the picture. great cause. it's amazing when people have an idea and bring it to fruition and it works out so well. great people over there at rockville center so in between soccer games, i was shaving heads. >> very nice. we have to move on this now. last week we showed you labor rabble group's political ad that accuses republicans of targeting medicare in their new budget plan. >> coming to a theater near you, "young guns 2" the return of coupon care. they're back! and less popular than ever.

paul ryan, a.k.a. the medicare mangler. eric cantor, the congressman who still sleeps in his old g.w. frat house and the other guy. the same bad movie where medicare is targeted for assassination by wall street suits. plotting to get their hands on seniors' benefits. if you like local tv stories about angry seniors chasing republicans down the street, you're gonna love "young guns 2." >> is that for real? anyway, another group, american doctors for truth have released their own ad now in response. >> my doctor has told me that this pacemaker will save my life. oh! be careful, mr. president. there is a cliff here. >> you know what? maybe this isn't gonna help. maybe you're better off not having the surgery but taking the painkiller. >> but mr. president! we're not just talking about my pain, we're talking about my

life. >> no. no. i need a pacemaker! >> ahhh! >> all right. so last year, it was a republicans throwing granny off the cliff. this year, it is the president himself. of course, both ads clearly take the issue to the extreme but which underlying message is closer to the truth? let's talk to stuart varney. it's all about scaring grandma. >> i got -- you laughed. but, you know -- >> it's funny. >> you think? >> i don't know. >> there's something sinister about the president putting off the cliff. >> brian would make more sense, right? >> either one. >> the original throw granny off the cliff ad was demagoguing paul ryan's plan for medicare. this new one demagogues obamacare and it's exactly the same. it's the president doing it. look, i don't approve of either. i don't think either should be out. >> they're cartoons almost. almost a cartoon. >> but that's extreme imagery

and i think it detracts from the serious debate that we have to have. >> who throws granny off the cliff? is it the republicans or democrats? somehow granny is going over. >> the old ad against paul ryan was a flat out eye. it implied that seniors would be dead because of ryan's plan for medicare. that's flat out wrong. it's a lie! the new one suggests that obamacare is going to put life and death decisions into the hands of bureaucrats that may decide one way or another on the basis of cost. i think the new one is closest to the truth but just as offensive. >> but why they're offensive is it's taking the premises that the voter or the person watching the ad is dumb. i mean, the premise is that you're going to believe what you see on the screen, that ridiculous ad. as being something that's real. >> look, it's a planted visual image which is in your head. the president of the united states shoving an old lady. they use the his voice. they used his air force one

jacket. come on, you really want to be doing this? >> a couple of weeks ago, we saved the company that made that jacket but i digress. paul ryan the only one talking about trying to fix the so-called entitlements so they work going forward. the democrats and the president are just like it's fine for right now. don't worry about it. ultimately, we'll all get thrown off the cliff. >> we're all gonna die. >> with obamacare, yes. with ryan's plan for medicare, no senior, no one 55 or older has any change in their medicare whatsoever. >> only one that can make us live forever is ron paul. thank you very much, stuart. >> what you said there is what the ad should say. those are the fact. ok? here's what one party says and here's what the other one says. >> good job, stuart. >> thank you. >> all right. meanwhile, we have some headlines for you on this monday morning.

former vice president dick cheney waking up this morning in a virginia hospital after undergoing heart transplant surgery. the 71-year-old had to wait longer for a heart. 20 months compared to the average patient. as opposed to the usual 12 or less. the fact that he was still able to receive the heart after surviving five heart attacks shows he must have been in pretty good health to have lasted this long. >> rallies at a town hall meeting planned for today in sanford, florida, where one month ago trayvon martin was shot to death by a neighborhood watch volunteer. martin was walking home from a convenience store unarmed when he was shot by george zimmerman. zimmerman claims self-defense and this case is sparking a national uproar. zimmerman has been in hiding. a grand jury will convene to see if zimmerman will face charges. >> a man will plead guilty in the hollywood hacking case. he accessed the accounts of christina aguilera, mila kunis

and scarlet johansson. even though he cut a plea deal, he may spend 60 years in prison for doing that. >> president obama using privileged access to reward his most generous financial supporters. new study shows over 250 of his biggest campaign donors have been given special access to the white house pictured right there live. some donors got meetings with top advisors or were invited to swanky parties and state dinners. it is legal and established practice by past presidents. however, president obama previously criticized it saying pay for access privilege needed to end. apparently, it has not. >> all right. let's head over to brian with a big win for somebody who hasn't won on the pga tour for quite sometime. >> 30 months, gretchen, as you know. everyone who said tiger woods was done, he's done, he's finished. they're wrong, woods winning his first pga tournament yesterday since 2009. his first win since the big scandal and the injuries plagued his career. he beat graham mcdowell by five

shots at the arnold palmer invitational. shot all four rounds under par for the first time in a long time. it gives him major momentum for the masters in two weeks as he pulls this one out. meanwhile, let's talk about what's happening in football. it took a while. later today, tebow mania will officially start to run wild in new york city. it actually started over the weekend. jets officially introduced him as the newest member of the gang green at their training facility in new jersey. they have to go to the fieldhouse and out of the pressroom because of the press requests. meanwhile, this is a lot more more than most backup quarterbacks get, i don't know if you know that or not but jets say there's been huge difference from the fans and media which was the point, there were a few snags last week, jets owner defended the trade and said his team's mission is to win games and tim tebow has been a winner all his life. he may play positions other than quarterback and then rex ryan said yesterday, he'll play at least to 20 plays per game. >> what other position would he play? >> actually, he would hand out hot dogs and also rip tickets.

no, i mean, he could do anything but i assume he's going to be taking some direct snaps. >> ok. you're interviewing for a new job, get this. your perspective employer asks for your facebook password? the choice, hand it over or you don't get the job. you may have heard about this controversy but ainsley earhardt is here with an update. >> can't imagine giving out your password to your employer. two u.s. senators are urging attorney general eric holder to investigate if it violates federal law when a potential employer asks you for your facebook password during a job interview. just last week, it was revealed that some private and public agencies around our country were asking applicants for their personal social media credentials. the practice, of course, alarming privacy advocates but the legality of it still remains pretty murky. >> by granting a perspective employer access to your facebook password, someone interviewing you could get access to information that's not otherwise public.

your religion. whether you're married or pregnant. how old you are. all the kinds of things that are illegal to ask in an interview process. it is coercive and it unnecessarily invasive, unreasonably intrusive into personal privacy. >> brian wants you to e-mail him your password. >> if you don't mind. >> facebook has responded with a warning asking employers not to ask you for your passwords so that they can poke around on your profile page. the company threatening legal action against those who violate its long-standing policy against sharing passwords. brian, if you gave your password to fox, would you still have a job? >> we have to go to break. >> i have no idea if i'd have a job. >> the problem is he's given his password out to all of america. >> i really have nothing to hide. >> you're an open book. >> sadly. a lot of people have a lot of stuff on social media they don't want the new boss to see. what do you think about what ainsley is talking to us this morning about. >> what do you think about ainsley?

>> no. >> e-mail us, friends at foxnews.com. >> positives. >> no password needed to send an e-mail. thanks, folks. >> thanks, ainsley. >> no state has pushed harder than florida in the fight to repeal obamacare. the governor says overturning it doesn't go far enough. governor rick scott here live in person to explain. >> startling statistic 1 in 5 adults are getting a lefthefty allowance from their parents. don't listen. [ male announcer ] it's simple physics...

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hi, i just switched jobs, and i want to roll over my old 401(k) into a fidelity ira. man: okay, no problem. it's easy to get started; i can help you with the paperwork. um...this green line just appeared on my floor. yeah, that's fidelity helping you reach your financial goals. could you hold on a second? it's your money. roll over your old 401(k) into a fidelity ira and take control of your personal economy. this is going to be helpful. call or come in today. fidelity investments. turn here. >> that is the big question, health care. what is next? the supreme court today, the

u.s. supreme court getting ready to hear oral arguments on the constitutionality of president obama's health care overhaul. a recent gallup poll finds 72% of americans overwhelmingly believe it's unconstitutional. florida is among the 26 states challenging the health care law and joining me now is florida governor live in person rick scott. good to see you. >> good morning. >> the last time we were on your turf at the villages when i saw you in person. >> 15-year anniversary. >> absolutely. great to have you here. your state an integral part of what you're hearing today at the supreme court. why do you believe that the court will find this unconstitutional? >> first off, the federal government shouldn't be telling us what we should buy or cannot buy. this will be the biggest job killer ever. think about it, the government can't buy health care cheaper than anybody else can and we have these unbelievable penalties which will have to go up. and all -- i mean, americans are buying products based on price

so we put america at significant disadvantage. on top of that, every government program in the world, health care program overpromises, runs out of money and then rations care by underpaying providers. so we'll ration care for everybody. it will be a big jobs killer because it will cost too much. we have a great attorney general down there sitting right there. >> pam bondy. >> she's leading this charge. we're -- there's no way that the federal government should be able to tell floridians what type of health care to buy. >> here's the interesting thing. at the same time this is going to be debated at the supreme court, you're passing a jobs act in florida that's directly different. in what way? >> we're making our state the state that everybody wants to do business. we already don't have a personal income tax and we're reducing our business tax. we're almost the lowest in the country now. we've reduced regulation. everything that a business needs, we're doing in florida. lower taxes, less regulation. ease your permitting process. less litigation. we know you as a consumer aren't willing to pay for that.

you buy on price. >> the reason that florida became involved and you're the first state to become involved in finding this unconstitutional is because florida is going to face so many more costs? >> the costs of our medicare program, we can't afford. our state has come back. our unemployment is at a three-year low. our state revenue is growing. but medicaid is already growing faster. when you dramatically expand medicaid in our state in the state obligation for that, there's no way we can afford it. no state can. what we need to do is we need to go to a block grant under the federal grant and under medicaid but obama care is something that our taxpayers can't afford, businesses can't afford. and you, if you care about health care needs for your family, you can't afford it. >> we'll have to see what happens these next three days, very important. bring you to the other big story happening in your state which is trayvon martin, the teenager gunned down february 26th. there's the stand your ground law in florida. are you still 100% behind that and what should happen in this

case? >> first off, i met with the family on thursday night and let them know i was bringing in a new state attorney to handle the case. the existing state attorney withdrew and introducing them to the individual with the florida department of law enforcement that were handling the investigation now but your heart goes out to them but the court is going to figure out once we get the facts and once the investigation happens, whether that law applies or not, we'll find out. >> should the man in question, should he have been arrested, mr. zimmerman. >> that's what we're doing now, we're doing a thorough investigation. we'll find out. justice has to prevail. i mean, first off, you want to be fair. you got to be fair to that family. you feel sorry for trayvon martin's family. but you also got to be -- you got to have true due process for the accused. and this individual is still not even accused. >> very complicated situation there getting lots of attention and we're glad you made a stop on "fox & friends" in person. good to see you, governor scott. see you again soon. >> it's our top story now. rick santorum taking on the "new

york times" for taking his words, did they take them out of context or not? we'll let you decide that. presidential candidate here live to respond moments ago. and how old is too old to get an allowance from your parents? next story will have you shaking your head. how old are those kids? 20, 30? this is delicious okay... is this where we're at now? we just eat whatever tastes good? like these sweet honey clusters... actually there's a half a day's worth of fiber in every ... why stop at cereal? bring on the pork chops and the hot fudge. fantastic. are you done sweetie? yea [ male announcer ] fiber one. is one's for all us lawn sweetie? smiths. yea

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>> welcome back. how old is too old to get an allowance from your mom or dad? 15, 16, 17? a new study finds 1 in 5 adults between the ages of 18 and 24 still get financial help. oh, my goodness. 1 in 5 and 1 in 10 of all adults

get money from their family at some point. so we want to know, are parents doing more harm than good by helping out? joining us right now is comedian brad stine joining us from nashville. you're nodding your head no. no. no. we're not helping? >> stevie, you're killing me with this stuff. you're killing me. let me explain something to you. words matter as a comic, i understand that. and the word we're dealing with here is allowance. there's two different ways to interpret it. to a kid, allowance means you owe me money because i'm your kid. ok? to a parent, allowance means i'm going to allow you to have a few bucks. you're 14 and you're stupid. you can't survive without me. i'm going to allow you to live in my house, allow you to have clothes, allow you to have food and allow you to just exist. as a matter of fact, i made you. that's how i know marriage is between a man and a woman. i allow you to exist. be happy. be excited and learn that a parent's job is to teach you not to need me anymore. so that's the idea.

if you're 14 and i'm giving you an allowance, i'm teaching you that if you work hard, you get something. if you're 24 and trying to move back in, you better hit the lottery, son. you better hit the lottery. >> although, brad, there are a lot of young kids who can't find jobs because the economy is all screwed up right now. so they got to turn to mom and dad for some help. >> really? do they? hey, steve, i didn't realize that. my parents aren't paying me nothing anymore. i can't even try to mow their lawn, they wouldn't give me a dime. you know what? go find a job. go make a job. go sell lemonade if you're allowed. you have to get a permit, of course. but the point of the matter is, that's not how it works! i don't owe you anything. if you want to do hard labor at my home, fine. i might throw you some food but i'm not paying you, my son. you better figure this one out. my job as a parent is to teach you how not to need me anymore. that's what i'm supposed to be giving society! >> and you know what? there's also a story out today that talks about how interns

have to get paid now because they feel like they're being used by big companies to get free experience. i'll give you 15 seconds on that. >> no, no, exploitation is if i capture you in a net and bring you to my place and make you work for me, let me tell you something, i work hard and i created this business and i'm giving you a chance to learn from my experience. if there's exploitation, you're exploiting me. i'm charging you $10 which is deeper than a college education and you're learning something you can use. grab some pampers on the way out and be here at 6:00 in the morning. job is starting quick. >> welcome to the real world. all right, he's a real world comedian, brad stine joining us today from nashville. thank you, sir. >> if i don't say it, who is going to, stevie? >> that's how you start every monday with us. thank you, sir. >> coming up straight ahead, an outrageous waste of space and guess who paid for that building, millions of dollars being spent on a building that is empty. guess who is inside. or should be.

and it may be the most bizarre case of political correctness. kids no longer allowed to learn about dinosaurs in school because they'll scare them. why? details. [ male announcer ] fothe saver, and a g first step. for the spender who needs a little help saving. for adding "& sons." for the dreamer, planning an early escape. for the mother of the bride. for whoever you are, for whatever you're trying to achieve, pnc has technology, guidae,

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search great grains and see for yourself. for multi grain flakes tt are anxcellent source of fiber try great grains banana nut crunch and cranberry almond crunch. >> hey, good morning, everyone. i hope you're going to have a fantastic monday. it's already march 26th, can you believe it? i'm gretchen carlson. thanks for sharing your time. historic case going to the supreme court today that will change the way we live or die? we're live in washington where the final debate over president obama's health care overhaul about to begin. >> i'll read now. apparently journalists and judges don't have to play fair. they're backing the efforts to fire wisconsin's governor and get this, they're not ashamed to admit it. >> the judges? >> the journalists. >> goodness j and j. and since when are birthdays too scary for school? an outrageous new case of political correctness gone wild. wait until you hear that. "fox & friends" for a monday live from new york continues right now.

>> good morning, everyone. fox news alert, brian kilmeades that two pens to his name in his pocket. >> by this time, i've already stolen gretchen's twice and she's gotten very angry. i have two pens. >> i tried bringing a pink pen on the set so brian would not have the desire to take it. >> i have pink ties. >> they're rose. >> right. we have a lot to discuss and we have rick santorum on deck. >> yep. >> so we'll tell you the news and then we'll talk about it. >> big question today is obamacare unconstitutional? the new health law headed to the high court this morning. steve centanni live on the steps of the supreme court. good morning to you, steve. >> good morning, gretchen. good morning, everybody. in three hours from now, the curtain goes up on one of the biggest legal showdowns in

decades. the nine supreme court justices will hear arguments at 10:00 a.m. on the controversial health care law. now, there will be six hours of arguments over three days on the first issue this morning is whether there is jurisdiction in this case at all since nobody has actually paid a penalty yet for refusing to buy health care insurance under this new law. that argument will last 90 minutes today. but the main event comes tomorrow when the court holds two hours of arguments on the individual mandate that requires people to buy health insurance. opponents call it government overreach while supporters say it's a reasonable regulation of interstate commerce. on wednesday, two parts face the court whether parts of the law can stand without other parts and medicare can be expanded. the public will be allowed to come in, a few members of the public and people have been lining up here since friday morning, about 100 people in line so far. this is the earliest that court watchers i have talked to can

remember a line forming for any oral arguments. this morning, it will be arguments only. we'll have a decision coming down in late june or july just in time for the presidential election. >> thank you so much. we begin with the fox news alert, northern virginia still experiencing aftershocks from the earthquake. latest magnitude 3.1 happened late last night a few miles southwest of mineral. mineral was the epicenter of the 5.8 magnitude earthquake that struck on august 21st of last year. dozens of aftershocks continued after that earthquake. seismologists say aftershocks can continue for months. two british soldiers shot and killed by someone wearing an afghan army uniform overnight in southern afghanistan. that gunman also shot dead. the attack happened on a base in helmon province. the latest incident where afghan security forces or insurgents dressed like them have turned

their backs on international troops. unbelievable. that's how the wife of a u.s. soldier accused of killing 17 afghan villagers including nine children describes the charges against her husband. >> i have no idea what happened but he would not -- he loves children. and he would not do that. >> carolyn bales says her husband joined the army after 9/11 to do his part. bales being held at a u.s. military prison at fort leavenworth, kansas. and the sports world mourning the loss of burt sugar, the famed boxing writer and historian passed away yesterday from cardiac arrest and also had lung cancer. he was always seen with his trademark cigar and fedora. he wrote more than 80 books and member of the international boxing hall of fame. he was one of the first hosts of "fox sports sunday." he was 75 years old.

>> great guy. nice to everybody and huge adds -- advocate for the sport. >> he was here on every channel. >> he would go to a fight and hop in a car and be on the air at 9:00. >> not a problem. >> sounds like your life. >> without the car. >> let's talk about your wallet. your pocketbook. will that help determine who you vote for in the election? does it help you budget at home? well, it helps paul ryan, the congressman from wisconsin, as you know, he's been very important on the republican side about putting together a budget that he believes will finally help the united states get rid of this massive debt that we're carrying around. well, it would serve as correct, then, that the other side of the fence would be attacking that right now because they want president obama to win the election come november. here's david plouffe, one of president obama's top advisors yesterday saying that the ryan budget is not balanced at all. >> it fails the standard and fails the test of balance and fairness and shared responsibility. it showers huge additional tax

cuts on the wealthy. it's better paid for by veterans and seniors in the middle class so it's not a balanced approach. >> you know what he just said there, it cannot possibly be accurate because paul ryan said he's going to be eliminating in his proposal all kinds of tax breaks for those in the higher income. >> what happens if he covers all those? >> like mortgage tax deduction will not be popular. he says that could go away. talk about different farm subsidies and things like that. so he -- for someone to come out and vilify when all the tax breaks aren't chronicled yet, i think, is disingenuous. >> it's political season and there's a presidential election hanging in the balance. paul ryan himself on one of the chat shows yesterday said look, at least i got a plan. the president, where's the president's plan? huh? >> here's paul ryan. >> is your job or goal to treat the symptoms of poverty, to make it easier to live with? or is the goal to eradicate poverty by treating the root causes? we think we ought to make sure

we get people out of the cycle of poverty and unfortunately, i think the plan that we have in place, the president's agenda creates more of a dependent culture, creates people that are more stuck in poverty because it denies the idea of upper mobility so to me this is a critical difference about repairing the safety net and making it a system that gets people back on their feet. >> that's what he wants to do. right now it's unsustainable. as much as you may want to pay for everybody and solve everybody's problems, you can't do it. that's why he's coupleed it with job training programs and different work requirements when it comes to things like unemployment. >> interesting thing is you remember when paul ryan came out with this budget, he said he'd be vilified. he said hey, i know people are going to attack me to high heaven about this thing. remember, he came out with all of those boards and blasts and the president really was forced to respond to that because had it not been for paul ryan, then the president would have never have taken on this issue but paul ryan is standing firm on this right now. what do you think about it? let us know via e-mail or

twitter. >> paul ryan is from wisconsin and, of course, in wisconsin, they have had that recall petition circulating for a while to recall scott walker. >> happen in june, right snoo auto right, something like that. we showed you the pictures live here on fox as all those recall petitions were being delivered to the secretary of state a couple of months ago. did you ever wonder who exactly signed some of those things? now, we've got a better idea. some of the people who signed it included 25 employees of ganett newspapers in wisconsin and 29 judges or 12% of the statewide judges in wisconsin signed the petitions to dump walker because they didn't see it as political at all. >> you would think there would be somewhat of a problem if you are a journalist and especially a judge and you have now gotten into this sort of political hotbed that has taken over wisconsin. i mean, it's absolutely unbelievable that these people would feel that that would not become public and might be a

problem. >> how about this? what if you are a journalist covering the fact that 29 circuit judges have signed the petition to recall the governor and then it turns out that the very company in which is investigating the judges has 25 journalists that have signed the petition as well. here's the wisconsin newspaper's publishers reaction to all of this. it examines how this could have happened and how we can prevent it from happening again. we are in the process of taking disciplinary measures and reviewing supplemental ethics training for all news employees. >> it's interesting, the employees, i guess, who signed the petition said it's like a private vote, you know, when i go to the poll and cast my vote, i don't need to tell anyone how i voted. so they were looking at the petition as the same thing. is it the same thing? in your mind? is it the same thing? >> here's the thing, they are now heroes, these reporters and the judges, heroes to those on the left. however, they have disqualified themselves from hearing any items regarding the recall or republicans or reporting on

things like that as well. >> we hope! >> maybe part of the reform process is i'll let you go out there and do it better. >> the problem was the judges didn't see any problem with it at all. didn't see it as political. >> you know what i have a problem with is a problem with birthday parties and problem with halloween and problem with dinosaurs. >> you really will lake this story. i told about this when my son and daughter were in preschool and said they can't celebrate valentine's day anymore. why not? it's actually because it was christian based. i think that was the excuse. now, it's getting worse. dinosaurs, you can't talk about those in some preschools in new york city because it will upset fundamentalists who think that -- >> it supports evolution. >> evolution. sure. >> you can't celebrate birthdays because jehovah's witnesses don't celebrate or honor birthdays. >> halloween celebrates paganism. i don't like halloween but i don't think it should be banned.

>> dancing is taboo in some sects and junk food is just bad. those are all out of the question on new tests. apparently, what new york city is trying to do is come up with new tests going forward and -- >> they presented all these topics that the test makers cannot talk about in the tests because it will make the kids feel bad and then they won't test well. >> divorce. >> you cannot talk about divorce. >> yeah. but i wonder what you can talk about with regard to marriages. that would be interesting. >> very good. that wasn't exposed yet. i got to tell you, the columbia teachers college professor there says that if you are looking to assess the quality of a test, to see if a student does have a high intellect, you have to present these so-called controversial topics to allow them to do the thing called reasoning. you can't keep people in a bubble. only john travolta and he got out of there. >> i love that movie. >> the thing like junk food, dancing and those kinds of

things, those are things that people know something about. >> you act like everybody that dances have to have a yodel. what do you talk about junk food and dancing? >> it's a really serious issue. it's come to this. what can they actually teach now that will be p.c. and correct? nothing, apparently. >> put down the brontasaurus i'm insulted. >> don't watch the flint stones. >> i love that. pebbles and bam-bam. straight ahead on this monday morning, doctors say vice president dick cheney's transplant went smoothly but a surgeon you're about to hear from is there's something these doctors aren't telling us and he'll tell us coming up next. >> more on the top story, rick santorum takes on "the new york times" for taking his words out of context. the presidential candidate is here live to respond. 7:20 a.m. eastern. water,

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> >> former vice president dick cheney recovering at a virginia hospital after having heart transplant surgery. he has a history of heart problems, as you know. >> what will the recovery process be like? joining us is a guy who has performed more than 5,000 open heart surgeries, dr. dwight lundell and the author of the book "the cure for heart disease." thanks for joining us today from phoenix. >> good morning. it's fun. thank you. >> you bet. ok, so he's waking up this morning. he had it a couple of days ago. what is he going to be going through over the next 48 hours? >> well, the next 48 hours are continued progression. he's probably got his breathing tube out by now and they'll get him out of bed and get him moving. >> all right, so they'll get him moving and they have to -- i understand the first 48 hours are key. why is that? >> well, the -- they're key because we have to look for bleeding problems. we have to make sure that everything is working right.

, that all of his other organs are working hard and that he's continuing to progress to get well. >> right. you know, he's had quite a heart history. i think he had his first heart attack in his mid to late 30's. they did the pacemaker. they did that gizmo that he showed us here on this program last year. so what does that say about dick cheney? >> well, first of all, he's tough. and i hope he gets well and i hope he does well. and congratulations to all the doctors and nurses and everybody else that's taking care of him. our interventions, as medicine with him, have been i mean, the device he had in for 20 months, that's so new and the technology is so advanced, that's brilliant. and we've come so far in immuno suppression for the heart transplant, it's now down to one pill so i suspect as tough as he is, he'll continue to do very well. >> but you think there's a bigger story here and that is

that almost everything has failed through his five heart attacks from the age of 37 to 71. >> yes, it has. i mean, he got started on a low fat, high carbohydrate diet and low cholesterol medications in 1978. and he's been on them ever since. is he cured? let me ask you that question? >> no. >> has he been cured of his heart disease? >> no, he's got a new heart. >> he had to get a new one. so when you do the same thing over and over again and expect a different result, i think that's called insanity. >> it is. so doctor, what you suggest is as a society, we need to realize ok, you can give people pills. you can give them stents and bypasses but you have to address the core issue which is what? >> the core issue is stopping the injury to our blood vessels by not smoking cigarettes. by going on a reduced

carbohydrate diet because it's those spikes in our blood sugar after our typical high carb meals that injure the inside of our blood vessels and are the proximate cause of not only his heart disease but everybody's heart disease because we have 800,000 people who are going to die of heart disease. 2200 people are going to die today of heart disease and we're treating them wrong. >> good to get a perspective from you because you've done about 5,000 open heart surgeries in your career. you wrote a great book about it. thanks so much for joining us this morning, doctor. >> thank you. >> all right, 19 minutes after the hour. when we come back, one outrageous waste of space. why you the taxpayer is paying millions of dollars to keep this building empties. >> yeah, and i'm proud of it. it's not an offer -- it is an offer he can't refuse. is congressman paul ryan throwing his hat into the v.p. ring? we're going to tell you exactly what he said 22 hours ago. on the topic. how did we do it last time? don't know... i for

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>> time to do a little math this morning. first 5 bucks, that's how much the september 11th airline security fee will cost according to paul ryan's new budget plan. it would raise about $700 million a year. 6.8 miles, that's how much james cameron plunged to the deepest point on earth. it took him a little more than two hours to reach the trench located just west of guam. $7 million, that's how much taxpayers are spending on a building for new york city's

largest pension system that get this, isn't even being used. more on that story coming up later on. brian? >> today is finally here. the united states supreme court will begin hearing arguments in the 26 state lawsuit against the health care law. the obama administration is very confident that the courts will rule in their favor. listen. >> so we're confident it will be constitutional and our focus route now, obviously, there's going to be a process that plays out this week and obviously the supreme court will deliberate. we're going to continue to that we implement this law smartly and inform people of the benefits available to them. >> joining us in this hour is wisconsin attorney general j.b. van holland, wisconsin is one of the states involved in this lawsuit and j.b., the real focus for those who don't have legal degrees is going to be day two. you really see the debate on the mandate, the constitutionality on the mandate, what is your greatest concern? i know what you want because you filed the suit. what's your greatest concern from your perspective?

>> well, my greatest concern, of course, is that the court does a little work for the obama administration and finds a way to find this law to be constitutional. if they strictly focus on the commerce clause, like they did when they created the law, i have no doubt this is going to be struck down. if it's not, they've basically given the federal government unlimited power and taken away the purpose of the states to exist at all so i'm hoping they'll focus on the exact law that we are -- that we're talking about here and they don't try to find an excuse and do the president's job for him. >> and that is going to be interesting, too, to see if this can be decide on the performance of both law teams. what do you think about that as both teams prepare for the six hours of debate? of argument? >> i'm a firm believer it's probably been decided already. the reality is there's been an awful lot of briefing. these justices are certainly not fools. they're aware of the law. they read the papers. they watch the tv. the reality is i think they have a pretty good idea where they

lean and why already. and if something is going to influence them, it will be their discussions together as a group, i think, more so than the oral arguments but you never know. you have to take every crack that you can get. >> 67% of the country in a recent poll said they want this whole thing thrown out, obamacare, start again, or do something. in your mind, if the mandate is struck down as unconstitutional, does obamacare necessarily die? >> it doesn't. because there are four different things that this supreme court is hearing. one of them is the constitutionality of the mandate. but on wednesday morning, they're going to hear severability which means that if part of this law is found to be unconstitutional, can they take that part out and still have the law survive? of course, if they find that it's not severable and they strike down the whole law, the federal government has to start over or do nothing at all. if it's found to be severable, then congress and the president have to find a way to fix this law because i don't think anybody truly believes that it can survive without the individual mandate. >> right. i'd be very curious to see what

would happen next if that happened because it's unlike the obama administration to give up like that. i'll tell you what, attorney general j.b. von holland, quite intriguing and look forward to the three days worth of debate and kick it off today. >> thank you. >> we get a verdict in june. he's saving the controversial stuff for later. the president caught on open mike admitting in an election year, popularity comes before policy. is new york city big enough for the both of them? looks like tim tebow is about to move in on donald trump's territory. the donald joins us with his reaction to this. next. ok, guys-- what's next ?

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>> time for shot of the morning right now. these are my children with our new puppy. you know as parents, guys, when you get those tough questions. when my daughter was 3, she said to me in the same question, when can i chew gum and when i get a puppy? and arbitrarily, i said 10. well, i acquiesced on the gum. the dog, i guess i acquiesced as well because this is a pre-9-year-old surprise for my daughter. there is bela. and she is adorable. >> bela is bigger than i thought. >> big dog. >> well, here was the thing. she came as a surprise in

december, december 6th, and the breeder called me and said -- >> wasn't a planned pregnancy. >> now or never. and my husband and i said we're not going to get out of this. my daughter keeps asking me so she is almost 4 months old now. >> great. >> she's been at a great trainer named tony for the last couple of weeks. and so she was a little bit easier to handle over the last couple of days. >> let them destroy tony. >> the good thing is about the children, they will take care of that dog around the clock for the next week. >> really? >> here's the thing. christian sort of ok about the dog. kaia is in love with this puppy and according to my husband, she was up at 6:15 this morning doing the dirty deed. >> really? >> steve, you're actually right. i remember they were taking the dog for a walk early. but the problem is they have a very good argument. their dog now -- my dog outweighs them by about 50 pounds. >> so the dog is taking them out for a walk. >> i have to do it now. >> that's the excuse, right?

>> you have no idea -- excuse with bela. >> here's a fox news alert. we have just learned that a pakistani court is set to charge five members of the bin laden family with illegally entering and living in the country. his three wives and two daughters have been in custody since may when members of the navy seal team 6 killed bin laden. the pakistani government insisted they did not know the terrorist was living there. the maximum punishment, five years in jail. >> rallies and a town hall meeting planned for today in sanford, florida where one month ago, trayvon martin was shot and killed by a neighborhood watch volunteer. he was unarmed when he was shot by george zimmerman. zimmerman claimed self-defense and is standing behind the state's stand your ground law. earlier on "fox & friends", we talked with the florida governor rick scott about whether that law applied here. >> a court is going to figure out once we get the facts and once the investigation happens whether that law applies or not. we'll find out. >> should the man in question, should he have been arrested, mr. zimmerman?

>> that's what we're doing now. we're doing a thorough investigation. we'll find out. justice has to prevail. >> still a grand jury will now convene to determine whether zimmerman will in fact face charges. >> meanwhile, look at this, president obama caught on camera in south korea today negotiating with russian president medvedev. >> thank you. >> the president is overheard saying he'll have more flexibility to deal with russia over missile defense after he wins re-election. >> well, telling the president he'll -- thank you, dana lewis. he will relay his message to vladimir putin. the two leaders also agreed they have more work to do to settle

their differences over syria and iran. >> simon cowell says it was like a scene out of a horror movie coming face to face with a crazed female fan who broke into his $15 million london mansion. "the x factor" judge and music mogul was watching tv when the woman armed with a brick smashed the downstairs window, got into the house and started wandering around. even lying in his bed. simon found her in his bathroom. the woman was grabbed by a member of cowell's security team and arrested. wow! >> that's a different type of x factor you want nothing to do with. i'll tell you what, we know it's monday because donald trump has been kind enough to scramble to the phone and tell you what's on his mind, especially a press conference at noon with tebow. is there a trump connection, perhaps, donald? >> first of all, good morning and i think tebow is a wonderful guy. he's a wonderful young guy. there's no question about it. >> there are stories, donald, that, perhaps, tim tebow will move into one of your, i think,

trump national golf course which is a beautiful spot out in bedminister, new jersey, the stories are tim tebow may live there, that's a gated community. it's also the same place that mark sanchez lives. >> well, i have a lot of athletes living in my building opposite the united nations. we have teams like the new york yankees. we have a lot of great athletes living in my buildings and that's a group of buildings that's beautiful. and some athletes do live there but i wouldn't comment as to whether or not tim will live there. >> but tim is coming to a team that is owned by a good friend of yours, woody johnson. >> right. >> what was the thought pattern here? was he really behind this move, do you think? >> well, i think woody is behind everything. woody is a smart guy and he's done a great job with the jets and i know mark sanchez very well who is really a good guy. i mean, i got to know him because of the trump national in bedminister and he works hard. he's always working out. he's a great guy. and he's a really good quarterback. i mean, you know, he's still a young quarterback so it's going to be a complicated move. woody really does know what's going on.

he's done a good job with the jets. if you remember the jets before he bought them, it wasn't a pretty picture. >> yep. >> it will be interesting to watch the season to see who is going to actually start, sanchez or tebow. let's move from sports to the budget because the democrats are now criticizing congressman paul ryan's budget as unfair. now, i know you were not necessarily a huge fan of this budget when it was revealed last year, so how do you feel about it now and should fairness be the litmus test for budget? >> well, i think it's very bad politically and i think the democrats are going to have a field day with it and i think it's just bad timing and i've said it before. i said it when he announced it originally and i'm saying it again. i think the democrats will have an absolute field day whether it's pushing the old lady over the cliff or whatever they want to do, it's -- there are things in there that are -- whether they're right, wrong or indifferent, i mean, should wait until after the election. i think the republicans, if they actually pursue this, i think they're making a big mistake. like i said, it's up to the president. let the president be the lead. why are they taking the lead in

this case? after the election, that's a different ballgame but for them to do it now is suicidal, i think. >> what if paul ryan had the budget proposal right here in his hand and he said donald, take a look at that. you had a red pen, which things would you x off the list? >> well, it's not a question of xing off. i would not want to be discussing this during the election. during an election cycle. >> do you think it's a clearer case where the voter will have a choice between the president who doesn't want to mess with entitlements, wants things to go just as they are even though some are suggested we're about to go over a financial cliff or the republicans who have a plan? >> you're right. the republicans have a plan but it's not a choice that the republicans are going to win. people are going to take the choice that's best for them even if it's not necessarily best for the country. and then that's the way it works, unfortunately, and i think it's wonderful to come up with plans but i don't think you should put it into a 50/50 election and i think it's a very dangerous -- i think it's a very dangerous plan for mitt romney

to be honest where he's going to be running. he's doing very well. and he's going to be saddled with a plan that's going to be very hard to live with. >> since you brought up mitt romney, paul ryan in this interview yesterday left open the option of saying yes to be a v.p. pick. would a romney, i know you've endorsed him, ryan ticket seal the deal for republicans or will this budget, according to you, get in the way. >> i like paul ryan a lot, i just don't like the timing of what he's doing. i think he's got a lot of great ideas and he's a young and smart guy. i'm very concerned about putting out his plan at this time. >> so would you advise mitt romney to walk away from the plan because he seems to have been glued to it. >> that's going to be up to him totally. i think it's dangerous. already the democrats are writing their campaign literature based on this plan. i think it's dangerous for the republicans. >> you know what's not dangerous, watching the apprentice on sunday night. tell me about who you fired last

night? >> i fired patricia valasquez who is a wonderful, terrific person and i think she in a certain way felt she was going to go but she's been having a little bit of a hard time but she's an absolutely -- she's terrific. she's beautiful. she did really well. she didn't do well on this task and the details were missing. that's why she got fired. >> that's the thing about you. you're such a good manager and producer. you keep an eye on what everybody is doing and you keep a running tote in your head. ok, who is it going to be? >> also he keeps in mind, too, she's really hot. let's not get rid of her. >> she has been -- she really did a nice job. >> at what point do you know for sure you're going to can somebody? >> well, you never know and each week is different because you have different assignments and some people are good at one thing and some people are good at another and we have some examples like paul from, you know, who makes the choppers, the motorcycles and the choppers and things. he's amazing. paul tuttle. he was so amazing at certain

tasks and other tasks weren't for him. making dresses is not for paul! >> yep. >> it's been an amazing process but we have some great people. show is doing fantastically well, as you know, and we're having a lot of fun. >> good thing you kicked them off based on tasks and not hotness. donald, great to talk to you and we'll chat with you again next week. >> very good. thank you. >> rick santorum takes on "the new york times" calling the reporter's question b. s. did the republican hopeful go too far? or did the paper cross the line? santorum here live when we come back. >> ranking g.o.p. candidates by birth order. how their family tree might affect the decisions they make.

>> quick monday morning headlines for you. you are looking at live pictures

of crews pulling bodies from the stricken costa concordia cruise ship off the coast of italy. five more bodies located on thursday. this brings the death toll to 30 people. live pictures out of italy. meanwhile, destructive passengers like alec baldwin be warned. officials planning to fine bad flyers. a port authority spokesman here in the new york area quoted as saying one alec baldwin incident can create delays all day. he got booted off by american airlines at lax. after refusing to turn off his telephone. gretch, bri? >> fresh off his win in louisiana, rick santorum is raising some eyebrows for cursing out reporters but the g.o.p. hopeful says it was all taken out of context. >> joining us now is former pennsylvania senator and presidential candidate rick santorum. good morning to you, senator. so you used the b.s. word. >> yeah, yeah. >> if you could have it back,

would you do the same thing? is it that level of frustration where you finally let it out? >> yeah, you know, if you haven't cursed out a "new york times" reporter during the course of a campaign, you're not really a real republican is the way i look at it. i mean, it was just one of these harassing moments and, you know, after having answered the question a few times and, you know, sort of comes back with the same old question and same old spin. i said ok, i've had enough of this you know what. and so i just -- you know, that's what i did and, you know, look, we're out there -- we're out there slugging away. we're the candidates out there that's mixing it up and we're mixing it up. >> you certainly are and the premise of the whole controversy was that you said obama -- you said mitt romney is the wrong candidate for health care. but not the wrong candidate for your party. and you felt like that reporter kept hammering that issue. correct? >> yeah. yeah. i mean, you know, they had the -- the romney press secretary in the back of the room spinning

these guys and he's out there parodying this and i've answered the question a couple of times and he came back at me again and i'm not going to keep doing this. so, you know, my feeling is we made the point. and the point is as we have this debate before the supreme court today. that governor romney of all the people in this party, as the person who put the blueprint together for obamacare, is uniquely disqualified to make the argument against obamacare and it's, in my opinion, as we're seeing today at all the focus on obamacare, it's the biggest issue in this race because it affects our economy, it affects unemployment, it affects the size and scale of government. it affects our deficit. i mean, this is a big issue. >> it's interesting, senator, because before you were where you are now in the polls, months ago during the debates, many of the pundits would say your strongest point during the debates was your talk about health care. and your attacks against mitt romney when you were asked one or two questions. is it interesting timing for you today as well that you will be

outside the supreme court as they tackle this very issue? this has been the focal point of our campaign. if you look at 75% of the american people opposes obamacare and its mandate and governor romney was the author of the mandate in massachusetts and advocated for that mandate at the federal level and advocated for what we're now in front of the supreme court saying is unconstitutional. again, just governor romney, he's a good man and has a lot of strengths but his singular weakness is the singular biggest issue in this race and it's the singular best opportunity to take it to barack obama. >> senator, some people have brought out the fact that over the last week, you've walked back when you went off romney and said he's the wrong person and might as well stay with what he had. you went ahead and defined that. >> i haven't walked it back. >> you haven't walked it back? >> no, what i said is very clearly. again, it's taking things in the context of what they're saying, not out of context which is

that, again, i was talking about the issue of obamacare that there isn't a difference between the two of them and a lot of voters will say there's not a difference between the two of them. why don't we stick with the guy we have? that's the point that we've been making in the campaign. >> to finish my question, a lot of people on the romney side say this is showing, to paraphrase quickly that you're gunning for the next presidential cycle since you can't win this one. >> brian, i'm not out here doing what i'm doing, doing five events a day traveling all over every state and hustling because i'm looking for 2016. i want -- this is the most important election we have to defeat barack obama. and we have to have the best candidate who can make the best contrast to be able to win in the fall. >> all right, senator santorum will be outside of the supreme court today. we'll be waiting to see what happens there. good to see you, as always. see you again soon. >> coming up next, who would

make a better president? your oldest child or youngest? how birth order affects all of us in politics and at home. >> on this date in history, "rock me amadus" was the number one song. unfortunately, i remember that one. [ male announcer ] what can you do with plain white rice? when you pour chunky beef with country vegetables soup over it... you can do dinner. four minutes, around four bucks. campbels chunky. it's amazing what soup can do.

>> welcome back, everyone. we know about the candidates' budget plans and their foreign policy ideas. how could their birth order affect their ability to lead? could it impact their chances at even winning election? here to break it down for us, is author of the birth order book. you've heard of it. it's interesting the way in which you've done this. let's start with the first born traits and mitt romney who is not first born, but what?

>> he is a functional first born. there's a six year gap between himself and the next. the gap and sex are determinants of whether you're the first born. you could be the only male, only female in the family and be the fourth born but you're still a first born personality. >> the idea of the first born are what we're seeing right now. >> they're the movers and shakers, reliable and get things done. >> 64% of the u.s. presidents were first born or were they functional firsts as well in that number? >> yes, in that number as well. in families, we train first borns to be responsible for other people. their models are adults. where us later borns we have siblings in between us. that's what makes a difference. >> let's look at rick santorum. he was middle born but functions as a first born to you because he's a first born son? >> he's a little softer because of that presence of older sister above him. advantage for a male to have an older sister. >> i like that. sensitivity a little bit. >> yeah. >> what about gingrich?

first born. >> he's a reader, our presidents are attorneys. anyone that has gone to law school will tell you that you read, read, read, read. so our presidents are obviously those kind of natural leaders. >> but we also have the only child trait when it comes to being president of the united states and we have president obama right now who even though he has a half sister, you consider him an only child? >> that half sister was nine years removed from him. he grew up as an only child. only children do well in lives. tiger woods finally won one again. only child. obama is an only child and acts like an only child. he acts like he knows what's best for everyone. and only children don't always get it with relationships with kids their own age. they grow up in that adult world. >> real quickly, last born traits. ronald reagan was the last born.

>> he schmoozed people and charming on their feet. they could sell dead rats for a living. most of the comedians are all babies of the family. >> it's interesting, only 5% of u.s. presidents are the babies in the family. >> right. >> all right. 64% first born or functional firsts. check out his book called "the birth order book" dr. kevin lehman, always great to see you in person. >> and birthorderguide.com if people want more information. >> thanks. see you again soon. the president caught an open mike. did he admit in an election year, popularity comes before policy? dana perino joins us at the top of the hour. there she is with brian dishing something secret. before she gets out on the set. ♪

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>> gretchen: good morning, everyone. today is monday. i hope it's going to be great for you. it's march 26. i'm gretchen carlson. thanks for sharing your time. supreme court has a big job, ready to take a case that will change the way we look at health care. the final debate over president obama's mandate begins today. we're live for you in washington, d.c. >> steve: meanwhile, rick santorum takes on the great lady, the "new york times" calling a reporter's question it's a bunch of bs. >> during the course of the campaign, you're not really a real republican is the way i look at it. >> steve: all right. is the republican hopeful right or is he just picking a fight? dana perino drops by the curvy couch in two minutes. >> brian: talk about a waste of space, a $7 million building sitting empty and you are picking up the tab. you're a little angry, aren't you? "fox & friends" starts right

now. >> steve: all right. live from new york city, studio e and gretch is back after a nice holiday. welcome back. >> gretchen: i was at the grand canyon. thankfully before the 24 inches of snow. wonderful place to take your kids. >> brian: listen, was it -- tell me right or wrong s true a meteor hit that area? >> gretchen: they don't know for sure, but the latest sort of theory is that it was water that came through and created that. the reason it's red is because that is erosion happening now in present time. millions of years, it will turn more red. >> brian: no meteor? >> gretchen: i don't think so. >> brian: i'm going to go. >> steve: sexier story. >> brian: it's much better. hit by a meteor. but what happened to the meteor? did it pulverize itself? >> gretchen: ponder that while i get to some headlines. >> steve: it wiped out all the dinosaurs. >> brian: who happened to be in

the grand canyon. >> steve: they were living all over the place. >> gretchen: let me start with this fox news alert for you now because two british soldiers have been shot and killed by someone wearing an afghan army uniform overnight in southern afghanistan. that gunman also shot dead. the attack happened on a base in hellman province. this the latest incident where afghan security forces or insurgents dressed like them turned their backs on international troops. unbelievable, that is how the wife of a u.s. soldier accused of killing 17 afghan villagers, including nine kids, describes the charges against her husband. >> i have no idea what happened, but he would not -- he loves children and he would not do that. >> gretchen: carolyn bales says her husband joined the army after 9-11 to do his part. bales being held now at a u.s. military prison at fort heaven worth, kansas. john edwards case headed to court. prosecutors trying to block his attorneys from playing the

sympathy card at his trial. they're asking a judge not to allow the defense team bring up his heart condition or his possible sentence of up to 30 years behind bars. the former democratic presidential candidate goes on trial next month. he's accused of illegally spending a million dollars in campaign funds to cover up his affair with his mistress. under fire for lying about the service in -- his service in the navy during the vietnam war, a new jersey mayer has decided he will not seek reelection. last week stafford township mayor admitted he was never in vietnam. his campaign web site states that he was awarded an award that doesn't exist. he was given one by a hunting club in arizona. >> brian: welcome to the couch. >> hi, good to be here. >> steve: big day in washington, d.c obamacare lands at the u.s. supreme court. give us a best case scenario for

both sides. >> both sides? i have to do that? >> steve: if the president wins, what happens in november? does that especially jeez republicans? >> probably so. not just republicans, donald trump, when he was just on, i -- rick santorum, any poll you look at between 67 and 75% of the american people want this bill to be repealed. that doesn't mean they don't think we need to fix problems in our health care system. they don't like the individual mandate. that's specifically what the supreme court will hear. if president obama does prevail and it is upheld, so that could heparins because it will be energizing and we got to overturn this law somehow. but if president obama is reelected, repeal of the bill is probably impossible. so then we have to think about what do you do? if the bill loses, does it heparins? yeah, i think they breathe a sigh of relief, but that could energize democrat want to help president obama. >> gretchen: if they find it is constitutional, then it obviously helps president obama.

>> it certainly will because it will give him a lot of wind behind his back. but if you are looking at approval ratings of what he has now and those who say, we don't like the law, we are going to send somebody else to the white house. the enthusiasm gap that president obama has right now does not improve even if he wins on the individual mandate. >> brian: one thing you said is an important message for republicans, no one is saying our health care system is perfect. so i think republicans got to go out of their way if them to be successful and say, listen, we would fix it, but not that way. let's talk about the "new york times" and rick santorum deciding i think on sunday that that's people i'm going to have a fight with. i don't mind i was caught on camera cursing out a reporter. listen. >> senator, you said mitt romney is the worst republican in the country, but up against barak obama? >> i would say on the issue of health care, yes, that's what i was talking about, obamacare action as you heard me say.

i didn't say anything different than that. that's exactly what i said. on the issue of health care. that's what i was talking about and i was very clear about that. >> steve: okay. so there he is in the rope line talking to the "new york times" guy and then after that, he got a little frustrated and said, quit distorting my words. it's bs. here he is earlier on this program responding to the last night incident. >> you know, if you haven't cursed out a "new york times" reporter during the course of a campaign, you're not really a real republican, is the way i look at it. it was just one of these harassing moments and after having answered the question a few times and sort of comes back with the same old question, same old spin, i just said okay, i had enough of this you know what. so i just -- that's what i did. look, we're out there slugging away, we're the candidates out

there that mix it up and we're mixing it up. >> i'm no stranger to being mad at the "new york times." it happens regularly. >> brian: remember president bush and adam climber. >> oh, yeah. remember dick cheney said, big time. most of the reporters were like, that's true. rick santorum fighting with the "new york times" is pretty much, that could happen every day. newt gingrich is probably the best one who goes after the press, except his zingers, i thought rick santorum this morning looked like he had gotten over it and somebody said, you better smile when you talk about this so you can get on with it. if i were rick santorum, i would be more mad about something that happened in the "new york times," the front page photograph of the "new york times" was rick santorum at a campaign event, but he was all alone. all you see are the secret service agents. to me, that's an editorial comment from the "new york

times." this is what we think of his campaign. he's all alone. he's not getting the delegates. i think those pictures speak is thousand words. he doesn't have a lot of ground to stand on to campaign, but to me, that's with i would have been more frustrated about in the "new york times" yesterday. >> gretchen: another breaking thin that's happening this morning is that president obama is overseas in south korea and he apparently told russian president medicine definite that he's -- medved he'll have more power after reelected. listen to this. >> brian: you thought that was intentional. >> he says, i understand you. the rest of the american people are like, we didn't understand that. so i have a feeling the white house today is going to have a lot of explaining to do because first of all, you know the mike is hot, was that intentional or

was it just, hey, let me have a private moment with him? those words got picked up. last election, this is kind of ironic, wasn't it putin who was supposed to have the last election before hand? we have terrible relations with russia. what president obama just did was signal what maybe should have been said in a private diplomatic moment. signal in front of the world, he wants a second term for more flexibility and i think the american people have a right to demand to do what? >> brian: he's already talk being dismantling our nuclear arsenal and you can not say the reset of our relationship has gone positive. can you name one positive thing that happened with u.s.-russia relations in the last three years? >> it's probably things we don't know about, is they were helpful on anti-terror policing. if you look at some of the things we've wanted to do in the united nations, that is not helpful at all. i guarantee you that our allies, like the polish and ukraines want to know more about what president obama just meant. >> gretchen: i was going to say, a lot of people might be nervous about hearing there might be more flexibility if he's

reelected. >> what more? >> steve: they've got the fire extinguisher. here is the official statement. since 2012 is an election year, in both countries with an election and leadership transition in russia and election in the united states, it is clearly not a year in which we are going to achieve a breakthrough. therefore, president obama and president medvedev agreed it was best to instruct our technical experts to do the work of better understanding our respective positions, providing space for continued discussions on missile defense cooperation going forward. is that good spin? >> absolutely not. it's a statement i would have expected from the national security council. it's the kind we used to put out as well. but the american people are senatorrer than that. they want to know what did you mean by that? if you're not going to define it very clearly for us, then i would imagine that the republican candidates better get on this right now and be explaining it more fully. i can't imagine what the

secretary of state is thinking right now. hillary clinton must be thinking, really? now we have putin, horrible dictator, with human rights violations that are astounding, we're telling his puppet just give us a little bit more flexibility. give me a second term and i'll be able to do what? mr. president, you're going to have to finish the sentence. what do you mean by that. >> gretchen: so you, with your experience and being a white house press secretary, do you believe that this was intentional to get this out if -- >> it doesn't -- >> gretchen: is this something now they're saying oh, oh. >> it doesn't look intentional, but president obama has been there for 3 1/2 years. hot mic situation is always a possibility. i don't understand. >> steve: but how many times does -- we've talked about this -- the main stream media cover stuff like this up? >> they were on top of it right away. they're not going to have a choice because the whole world heard it. imagine what russia media is saying this morning.

president obama, we would want him to get a second term because what? they'll have to fill in the blanks. >> brian: they've been no help in iran. they've been no help in syria. they have not cooperated with us. >> and there might have been some cooperation behind the scene, but they don't want to say anything publicly. >> gretchen: i'm also upset there is this predisposed notion that nothing gets done in the world because there is an election year as well. we'll watch you on "the five." >> steve: i got a feeling you'll be talk being this. >> i don't know. maybe the producer will see something. >> steve: about 13 minutes after the top of the hour on this monday, it's one of the most bizarre cases of political correctness we've ever seen, kids no longer allowed to celebrate birthdays in school. sorry, kids. we'll tell you why. >> gretchen: 7 million bucks for an empty building. guess who paid for it? why you, the taxpayer, on the hook for this giant waste of space. next

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>> gretchen: i missed that when i was on vacation. it's good one. talk about a waste of space, since 2006, nyc, the largest pension system in morning city, has spent a total of $7 million on an unfinished and unused back up headquarters. guess who is picking up the tab? you and i and everyone else, the taxpayers. >> steve: it doesn't stop there. over the next five years, they'll have blown a projected 21 million in rent costs alone.

not including much needed renovations. so just how serious is the city spending? public pension expert jonathan joins us live. trichtert. should we be surprised that they're spending that much dough on a building that is not being used? >> no, there is not a lot of scrutiny when it comes to public pensions and it's never a surprise that sort of systems have gone awry and there is a lack of oversight. the board should be responsible and the board includes all five presidents in the city, as well as the new york city controller and the public advocate and a few representatives from labor. the buck should stop with them. this back up office is rented out at 500,000 bucks or so a year. in addition to that, they're spending 4, 4 1/2 million dollars a year on their main office. if you aggregate that over five years that,'s a significant amount of money when it comes to their noninvestment

administrative expenses per year, which is about 50 million. >> gretchen: who is watching over this? there is a lot of people frustrated now, new york, like many other states, doesn't have cash. they don't have a lot of extra cash whom is supposed to be watching? >> first of all, when it comes to the noninvestment administrative expense, that's really the board. when it comes to all the pension underfunding and the outside contributions that new york makes, which in 2012 will be $8 billion, that works out to 2600 bucks per household in new york city. it's 12% of new york city's budget, which goes directly toward pension funds in new york city, which are underfund to do the tune of $50 billion. when it comes to oversight there, it's the accounting practices, the chief actuary and the federal agency, which is responsible for oversight. >> steve: one of the secrets of the way new york city operates is very seldom does anybody ever peek behind the curtain and see what's going on and when you take a close look, you realize,

wait a minute. not only is that expensive, but why do they need a back up headquarters? >> it's unclear. the current office is on adams street in brookline and i had no idea it was such a danger zone. the back up office is in long island city, queens. i'm not sure why that's so much safer. in truth, they probably have short-term training, desks at their office, which would need a back up should something go awry. but again, it's not a high risk place. >> steve: is it worth all that money? >> gretchen: so here is their response. the attorney reportedly defended the project saying the back up space is needed because of two fires and two floods at its headquarters. your response? >> sounds like they should move. they signed a lease through 2020. if you look at the financial disclosure, they ex ended the lease through 2020. they should probably move to the back up office. they could save over five years $15 million. the new york city controller is

currently under investigation for finance irregularities. it might be vulnerable. >> steve: jonathan, we thank you for joining us. >> thank you. >> gretchen: up next, so much for private property. the government trying to take land away from church, but its members not going down without a fight. they're here next. >> steve: and the best video you can see all day, things get a little rough when a duck tries to steal that puppy's food [ johan ] hello, piper. nice up-do. i see you're crunching numbers with a cup of joe... when you could be relaxing with a delicious gevalia. or as i like to say, a cup of johan. joe's a cubicle. johan is a corner office with a young, eager assistant... who looks like me.

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the largest class size in the nation. 47th out of 50 in per-student funding. but right now, we can make history with a ballot measure to send every k-through-12 dollar straight to our schools. to every school and every child. not to sacramento. it's the only initiative that can say all that. check out our online calculator and find out how your school would benefit. visit ourchildrenourfuture2012.com today. >> gretchen: 24 minutes after the top of the hour. northern virginia rattled by an

aftershock from last summer's earthquake. the magnitude 3.1 hit around 11:30 southwest of mineral. that was the epicenter of the 5.8 magnitude earthquake that struck last august. no damage reported. and senator schumer urging attorney general eric holder to investigate employers who are now asking for your facebook password before they hire you. companies reportedly accessing profiles as part of the hiring process. some say it's an invasion of privacy. would you give your password? brian? >> brian: 170-year-old church is feeling the crunch literally right after it promise to do leave their land alone. the city of virginia beach is squeezing its way into the emmanuel episcopal church's facilities. they're creating a six-lane highway only 70 feet from the preschool with the preschool right there. the city promised land in exchange, but sold it to a drugstore instead. joining us now from virginia beach is the very frustrated pastor of that church, reverend john baldwin and his attorney,

joe waldo. welcome. reverend, how distressing has this process been? >> it's been very distressing and it's been ongoing for well over a year. in fact, i would say it's been going on for ten years. and our patience has been tested and tried many times. this is a vital congregation of 800 persons who have consistently reached out to the community bringing in aa groups, boy scouts, community groups. we're not a sunday morning only church, but within that reaches out 24/7 to the community. the church adjust been treated very poorly by the city. >> brian: joe what, can you do to help because it doesn't seem like anything is working. first they were going to move it over, then they buy the land and sell it to a drugstore. it can't exist like this. >> brian, as reverend baldwin said, the church has been there

170 years, 100 years before the city was there. the city comes along and puts a six-lane highway through the church's property, through the only land the church has left to expand on and puts it right next to a school that was built just recently for two, three and four-year-olds. the problem with that road is, there is no wall, it's on top of the school, and there is no protection for these children. it's really hard burden. >> brian: here is what the city of virginia offered you. in a statement they said, the city offered the church over $850,000 and a join land between 1.5 and two acres. agreement has not been reached. we're working to balance the interest of all the citizens of virginia beach. those tax dollars are funding these. your reaction to the deal offered? >> i'm not surprised by that at all. it's bologna. it's just good pr on the part of the city and it is not true.

>> brian: next step, joe? >> well, brian, we're headed to court and the church never wanted to go to court. it was never about money. it was about getting the land and the opportunity to protect the church to expand and protect the school and the children. so unfortunately, that's where the city is pushing the church into court. >> brian: all right. joe, best of luck. reverend baldwin, thank you for telling your story and we'll stay apprised of it. >> thank you. >> brian: aren't judges supposed to be bipartisan? shocking new details about what 29 of them did to wisconsin governor's scott walker. then the topics, completely out of the question. students no longer allowed to learn certain things about marriage, about poverty, even dinosaurs. the topics might scare them ok, guys-- what's next ?

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the duck will not give up. he keeps chasing the dog and the food as well. the duck finally gives up. time to cue martha and bill? >> gretchen: in my short lived apparent of a dog going on 48 hours, the dog eats the food so quickly that there is no food left in the bowl! that dog should be chowing down. get rid of it. >> brian: rather than eating the duck. the duck is not going to be alive. >> steve: you ever think maybe they cut that part out? maybe the dog had enough. suddenly -- >> brian: in fact, we have that part. can we see part 2? >> gretchen: very cute video. we have to move on to this story. crowds are gathering at the u.s. supreme court this morning where justices are about to hear arguments on the constitutionality of obamacare. steve centanni is live for us there. >> good morning. the stakes couldn't be higher as the nine supreme court justices today begin to grapple with that controversial healthcare law which has major implications for consumers, the economy, and even

the political landscape in this election year. the court will hold six hours of arguments over the next three days here and it all starts this morning at 10 a.m that's when the court will arrest whether the case -- this case false under the anti-injunction act as one appeals court, one district court ruled. if it does, then the case could be deemed premature since nobody has yet been forced to pay a penalty r health insurance. but the main challenge to the president's health care law comes tuesday when a court hears arguments on the commerce clause and whether it can be used to compel people to buy health insurance as this law requires. opponents say it's an illegal overreach by the government while supporters say health care is a vital to interstate commerce and the economy and therefore, it can be controlled by the government. emotions running high on both sides, as you know. interest in the case growing high as well. people have been lining up out here since friday morning to try to catch a glimpse of the arguments.

it's the earliest that court observers can remember seeing a line form for any arguments. we expect numerous demonstrations. there is one in favor of the health care law. we expect others as the day goes on for and against. but no decision will be reached until the end of june or early july, just in time for americans to go to the polls in this presidential election year. back to you guys. >> steve: steve, it sounds noisy there. are people heckling or just boieserous and waiting to get in? >> it's an orderly demonstration for the health care law. people marching up and down, holding signs. there are other people waiting to get in, waiting their turn in line. some of them for arguments tomorrow and the next day. we've had people waiting since friday for today's arguments. so a lot of interest in this case, a lot of media out here and a big crowd gathering just to watch the commotion. should be an interesting day. >> steve: thanks. >> gretchen: very much. >> brian: coveted seat. >> steve: no kidding. >> brian: i know michelle bachmann said she'll be there.

>> gretchen: she was one of the first o spear head want to go repeal obamacare. let's go to wisconsin where you know the governor there, governor scott walker, made tough decisions, many people disagreed with over the last year and a half or so, regarding unions and collective bargaining. now there's a recall effort that is underway. i believe the election will be the first week in june at a cost of about $2 million to taxpayers. and you had to sign petitions in order to get that recall moving and actually happen. now it turns out that some journalists, more than 20 journalists who write for a newspaper there and 29 judges in that state actually took part in signing that recall petition. so is that correct? should a journalist be getting into political waters like that? should a judge be getting into political waters? >> brian: how about this? the journalist that uncovered the fact that 29 circuit judges have voted for recall are the same group that also signed a petition to recall the governor. so they knew it wasn't all right

for judges to do it, so that's why they reported the story. but now they say, okay. we didn't know that we weren't supposed to vote. >> steve: right. and the judges and the journalists with straight faces say, we don't see simply signing a dump scott walker petition, we don't think that's political. we're taking part in the process. their bosses are embarrassed, and what they're going to do is retrain them so they know what they can and cannot ethically do. >> gretchen: how could they possibly be writing about that topic if they had actually signed that petition, it wouldn't necessarily be fair. >> steve: next time you read one of those newspapers owned by ginnet in wisconsin, you are got to wonder whether or not the person who wrote the story has an ax to grind. >> gretchen: new this morning, pakinstani court is set to charge five members of osama bin laden's family with illegally entering and living in the country. his three wives and two daughters have been in custody

since may when members of navy seal team 6 killed bin laden. the pakinstani government insisted they did not know the terrorist was living there. the woman's maximum punishment, five years in jail. >> steve: rallies and town hall meeting planned for sanford flax fellow, where one month ago, trayvon martin was shot and killed. he was unarmed when he was shot by george zimmerman, but zimmerman claims self-defense. a grand jury will determine whether he will face charges. zimmerman has been in hiding since the shooting and the black panthers issued a $10,000 reward for the capture of him. the group, putting out flyers, saying wanted, dead or alive. >> brian: fans have been counting down the days and in a few short hours, tim tebow will be officially introduced as the newest member of the new york jets. it will kick off at noon in new york. excuse me, new jersey.

back up quarterbacks usually do not get these type of press conferences. the deal took a few days to be completed. they had some minor issues, but again, he'll be the number two quarterback, but rex ryan said yesterday he'll get about 25 plays his way a game. >> gretchen: didn't he say he didn't see him holding the clip board on the side line as soon as didn't see him in that role. interesting. the political correctness cops strike again, banning dinosaurs, birthday, halloween, and dozens of other topics from public school tests in new york. they're afraid the so-called taboo topics could, quote, evoke unpleasant emotions in students. also on the list issues dancing, except for ballet, that for some reason is okay. you also can't talk about divorce or poverty. >> steve: meanwhile, dick cheney is recovering from heart transplant surgery this morning in fairfax, virginia and he now shares something very special with our next guest, a newfound birth date. joining us now is our old buddy, best selling author, journalist and father of our own juliet huddy, john huddy, who had a

transplant just three months ago. good morning to you, john. >> good morning, guys. how are you? >> steve: doing fine. why is juliet reporting from the west coast? and it turns out, you had a heart transplant three months ago. how are you doing? >> fantastic. in the media and in life, we use the word miracle a lot and we misuse it. this is truly a miracle for all people who undergo it. one moment you're on death's door. you're just -- it's over. and the next minute, i'm out walking a mile. everything changed in my life. i have quality of life for the first time in five, six years. remarkable. >> gretchen: were you surprised that this was so secretive and sudden? i mean, he's obviously the former vice president was on some sort of list. how does it work, john? do you just suddenly get a call and you have to be on notice all the time? >> in my case, i had, as the vice president did, i had congestive heart failure.

my mother lived to be almost 80 with that, which means your heart is not producing enough blood for the rest of the body and you can die not only from the heart, but from your kidneys which will fail, too. and what happened in my case, we tried to manage it with drug therapy, but it spun out of control and the next minute, i was critical and they wheeled me into the hospital. they moved me -- i didn't know they could do this and a lot of people don't know this and the press hasn't reported it. if you're extremely critical, they can put you on an a 1 list which means you leap frog to the top of the list, the donor list. and that's what happened to me. i was in the hospital prepping. they were watching me, unbelievable intense monitoring and within four weeks, bang. they tell you, we've got a heart and boy, your heart begins to really beat rapidly and then they wheel you in and in my case, they had one heart that they rejected, so i had to go back. then the next thing that happens is they come bolting into the

room and they say, we've got a heart! and all of a sudden, three or four big guys grab you, they throw you onto a gurney, you're going down the hall. your family is running with you. it's incredible. and then they prepare you and wake up and you've got a new heart. >> brian: so the other thing you say is it's pretty amazing, the vice president did not use his political clout and his influence to move up on the list. 20 months, a long time. >> i got to tell you guys, brian, it is a disgrace the way people now in the media and on the l.a. times publishing all these letters from nasty people about cheney and various comments, including raising the question about did he get a special break because he was too old and so forth and so on. the reality is, i was stunned when i heard the story he waited 20 months! that's way, way over the normal wait time. he didn't get a break. in fact, what i think he did was i think out of caution so there wouldn't be any outcry, i think

he put his life on the line and waited a very long time. extraordinarily long time. the criticism of cheney on this basis are absurd. >> steve: given the big news with dick cheney, we had to talk to the one guy we know who had been through it. we thank you for joining us, sharing your point of view. >> you're welcome. >> steve: you look great now. >> thank you. >> brian: meanwhile, coming up straight ahead, lawmakers pushing new rules to regulate what goes on inside your own home. is that even legal? we're going to try to get answers. >> gretchen: is the president who promise to do unite america doing more to divide? our next guest says president obama has a lesson to learn from president lyndon johnson. >> brian: we don't say lbj enough.

>> brian: quick headlines. disruptive passengers like alec baldwin be warned, officials

planning to fine bad flyers now. spokesman says one alec baldwin incident can delay a whole airport for a delay. he got booted after refusing to turn off his phone. a sad day in the sports world. famed boxing writer passed away. sugar was one of the first hosts of fox sports sunday. he was 75 years old. gretch? >> gretchen: thank you. like president obama on health care, his predecessors took heat from congress and struggled to find common ground. with the strong opposition to obamacare, should the president be taking notes from history? our next guest says he should take a serious lesson in history from lyndon b. johnson, here is michael goodwin. fascinating article because you went to a speech and you heard what? >> it was an organized by

joseph, alipedden johnson top domestic aide. he brought together a lot of people from the johnson era, johnson staffers, his daughter, lucy, and the discussion was about how lyndon johnson did the things he did, all the great society legislation, some of which is in trouble now, medicare, for example. but the interesting fact that came out is the voting rights act, fair housing lawyer, medicare, on almost all of them, president johnson, despite democrats having a majority in both houses of congress, president johnson was able to get a higher percentage of republican votes than he did democratic votes and that many of these bills would not have passed without sizable numbers of republicans voting for them. how did he do that? how did he work across the aisle? johnson is famous for being kind of in your face and negotiating tactics, strong arm tactics. but it was also more just -- he said about senator everett dirks

of illinois said to one of his aides, dirkson has to look good all the time. this ability to work with the other party is what led to these big historic achievements. >> gretchen: i think a lot of people would be surprised to hear this, especially in the way we see politics today. when we think about obamacare, we don't think about reaching across the aisle at all to either republicans or to the majority of american people. >> look, i think it is one of the real flaws of the obama administration that all of the big legislation was done basically on strict party line votes. democrats had majorities. nancy pelosi and harled delivered them to almost, whether it was dodd-frank, the stimulus and obamacare and as a result, all of these things are unpopular. they're not workable because there is no alternative view incorporated into them. it's a strict party line view. >> gretchen: so you say the phrase, operational intelligence is something that lyndon b. johnson now how to do and the

care and feeding of republicans. can you imagine that in 2012? >> and the phrase operational intelligence was used by one of the former johnson aides and to me, it was brilliant because it really -- lyndon johnson was famously, he did not like people who were just smart but who couldn't deliver. for him, it was like your street smarts were more important than brain smarts. he wanted people to be able to deliver. that's what he did. he was able to deliver these big things by getting everybody involved. >> gretchen: it's a very interesting comparison. check out the article in the post and we'll see you again next weeks. coming up, should the government be allowed to regulate what happens inside your home? it's happening, but is it legal? first, let's check if with martha for what's on at the top of her show and her hour. >> good morning. thank you very much. we are hours away now as the nine justices of the supreme court take on the nation's most hotly debated issue. can the government force its people to pay for health insurance? we'll hear from one of the plaintiffs here in "america's

news room." george zimmerman's friend says he has new information on what really happened that night with trayvon martin. more at the top of the hour ener. [announcer:] who's right? they all are. visit powerincooperation.com. the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption.

with. >> steve: certain parts of america you can't smoke in bars or restaurants, parks, beaches, and now if one california town has their way, can't smoke in your own house. the city of elk grove wants to ban smoking in all apartment buildings, but there is already a law on the books. so why push another smoking ban? joining us now for a fair and balanced debate, cory killer, senior deputy director of the rental housing association and john bantaf. >> good morning. >> steve: good morning to you.

>> the answer to your question is the secondhand tobacco smoke kills over 50,000 people a year action including 1,000 kids, classified as a known human carcinogen. there is no safe lower limit. so people shouldn't have to breathe a potent carcinogen. it's also the major cause of fire deaths in this country. that's why in a number of other jurisdictions, they've already banned smoking in apartment units, often with the support of associations, like the other guys, and i don't think he's even polled his members. >> steve: cory, why do you think this is a government overreach? >> look, we agree it's harmful and we support an owner's right to choose what's in the best interest of their own property. what we don't support is local government coming in and mandating it. what the other side doesn't realize is there is already thousands of units in the city that are nonsmoking, that are

smoke free. there's a choice out there. >> we realize that, but it's not a matter of choice -- >> it's a free market, responding to the demands of the tenants. there are choices out there. >> it's a health issue and a safety issue. it is not a matter of choice or preferences which is why the southern california association supported it. we have bans in at least two jurisdictions already. >> steve: he made the point there are thousands of units in that particular town that are smoke free. >> that is irrelevant. >> steve: they've already passed a law saying it's up to the owner of the property to determine whether or not. smoking is legal, john. so why should the government tell me what i can and cannot do in my own house? >> for the same reason they tell you you can't release asbestos

or benzene or other carcinogen in your own house. for the same reason, if you have asbestos. it's not a matter of choice if you have a piano or pets. it's matter of people dying of secondhand tobacco. very simple. >> he needs to take his argument to the federal government. >> we're winning as we're going along. >> residents and we look forward to working with elk grove on a partnership and i'm cautiously optimistic that -- >> steve: john, we have to end it right there. it's hard to understand two people and they all talk at the same time. john and cory, we thank you gentlemen for joining us live for a spirited debate. >> thank you. >> steve: more "fox & friends" live from new york in two minutes nc simple physics... a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually se arthritis symptoms. but if you have arthritis,

staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammatio plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. a celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naen, and melocam have the same cardiovascar warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart dease or risk factors such as high blo pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of serious skin or allergic reactions or stomach anintestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. do not take celebrex if you'v had an asthma attack, hives,

oother allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion.

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