thank you for being with us tonight. make sure you go to greta wire.com. good night from washington. ed t. tonight. >> kimberly: supreme showdown in washington, d.c. today. and obamacare hangs in the balance. hello, everyone. i'm kimberly guilfoyle along with bob beckel, eric bolling, dana perino, and greg gutfeld. it's 5:00 in new york city. oh, yeah. this is "the five." ♪ ♪ >> kimberly: the supreme court wrapped up day one that pits the white house against 26 states and argues the president's 2010 healthcare law is unconstitutional. today's argument focus on whether a law passed in the 1800s bars the court from considering this case before 2014. now rarely do we get a chance to hear what goes inside the court. but listen to what happened today. >> the purpose of this lawsuit

is to challenge a requirement, a federal requirement to buy health insurance. that requirement itself is not a tax. and for that reason alone, we think the injunction act doesn't apply. >> kimberly: for our expert all things supreme, i'm greg gutfeld. >> greg: i was already falling asleep. >> kimberly: terrible. >> greg: boring. no wonder. they only spend two hours a day on probably one of the most important cases we'll come up with. that's six hours over three days. i spend that much time exfoliating my teeth. if you want to go for the simplest argument here against healthcare, you can't have a compulsory contract. that is what this is about? contract is agreement between two people, if force enters the agreement, it's a shotgun marriage so it makes no sense. it should be open and shut case, but it won't. >> kimberly: dana, do you agree with his analysis?

>> dana: if you get down to the basis of it, it's complicated. the supreme court usually only hears a case for two hours total. this is three days. there are people all around the supreme court building. including sr1 of the republicannial presidential candidate. but at the base is the fact that the constitution gave the federal government very few and very defined powers. so this is a question does the healthcare bill cross that line? and based on some people's response, or analysis, i'd be interested in yours, the government did not do a good job today of making the first part of their case. the individual mandate is heard tomorrow. >> kimberly: today is anti-injunction case, that goes to the 1800s. is this right? is this something that we go ahead and perceive forward? if there isn't an injury and somebody hasn't been harmed, individual can be compelled to pay a one-side is terming a

penalty and another calls attack. this is step forward. if they say you can't go forward, it goes away. many don't think it will happen. >> eric: today, they are playing with the rules, finding out what the rules are. can they bring the injunction against the past law? the next part is tomorrow, most important part tomorrow. the individual mandate. can bring the board up? >> greg: yea, the board. >> eric: love the board. had to do the board. this is all because nancy pelosi said pass the bill before you read it. we're jumping through hoops. no one knew what was in it. they originally said it was under $1 there. now we find out it's double the price. double the price tag. the question is if you knew it was the price tag, would it pass in the first place? then the waivers. 120waivers. the unions.

this is a big one. religious exemptions. if you are catholic, christian, you lose, if you are a fluke, the flukes win. >> bob: there is a groundhog here somebody. i can't tell who is arguing for this, you shouldn't sue until someone gets penalized. is that people in favor or opposed to the bill? >> kimberly: the government. >> eric: tomorrow, is the mandate. >> bob: this is what i understand -- >> kimberly: one court ruled that. one court of all the courts that heard it prior to getting to the u.s. supreme court said it should prevent this from being challenged right now. >> bob: okay. the mandate which is at the heart of the bill, if it goes away, the bill falls apart. equilibriu >> kimberly: funding. >> eric: the law. >> bob: as i understand it, mandate to go to private insurance industry exchanges looking for inexpensive

coverage that will be, you will get money from the federal government to pay for it. if you don't get the coverage, you're subjected to a fine, right? that is the deal? >> eric: yes. >> bob: that is what paul ryan announcement on friday does with medicare. i want everyone to understand that. >> dana: you get fined? >> bob: yes. under his plan, under 55, you go out in the marketplace and look for insurance. if you don't get insurance for medicare, you receive a fine. it's a mandate. republican -- >> dana: i don't know. i'm not taking your word for it until i hear otherwise. that's his mandate. but the other thing is that all the things that eric brought up here. those might have been good reasons to vote against the law. if that is one of the reason, 72% of the people polled in the cbs "new york times" poll today said they don't want the president healthcare bill.

we can now call obamacare. >> kimberly: now taking ownership of it. >> bob: one for thing. >> eric: this is the essence of it. follow the money. if you have questions follow the money. they sold this at $930 billion. the cbo told us this week it would be $1.76 trillion. when the employers who are probably going to do this, i'll take your fine, instead of offering coverage because the premiums are going up. this cost could be $2, $3, $4 trillion. >> bob: all the costs controls they are trying to factor in healthcare so people get doctors that won't overprescribe and they'll have performance reviews and the costs will go down. the cbo said in the long run it will probably pay for itself. >> greg: that is -- >> kimberly: we have to talk about politics. >> greg: that is hypothetical. obamacare is like the crazy aunt you put in the attic. they rammed it through late at night so no one can see it. then you haven't seen it since. everybody is embarrassed by it. they kept it hidden. the reason is you extrapolate

along line what can't happen. when you allow the government to force you to buy something because you exist. what is next? if i'm in power i'll require everybody to buy a gun. that would be my mandate. that would be -- >> bob: greg. >> kimberly: it's political. >> bob: if a kid is 24 years old and doesn't have health insurance and goes down a ski slope and breaks his back he with to pay for him to the tune of $8 to $10 million. >> greg: i love the little pieces of anecdotal evidence. it does not work -- >> bob: there is actual cases like this. where the kids get hurt, they'rtheythink they are invuln. who pays for that? >> bob: they usually sue. >> dana: why are we talking about that? that is not what this is about. >> bob: why can't we force him to buy health insurance. >> greg: we should be for

everything. flip a coin. comen rative coin with sandra fluke on it and throw it out there and pay for anything. >> dana: magic ferr fairy dust. >> kimberly: let's talk about the politics of this. listen to this about obamacare and constitutional. >> how confident are you that the supreme court is going to uphold the individual mandate? >> well, you have seen the point of the democrats and the republicans, uphold the law. two conservative jurists offering strong opinion. we're confident it will be constitutional. our focus right now, there will be a process playing out this week. the supreme court will deliberate. we'll continue to make sure we implement the law smartly an we inform people. >> dana: i thought it was two more minutes of listening to this. >> greg: the full maim would

be fluke plouffe. >> kimberly: the "a" block. >> dana: they have a huge problem. 72% of americans polled in a "new york times" cbs poll said they don't want the bill. regardless of what the supreme court does, set this aside. one thing we talk about the argument today whether or not this case was right to come to the supreme court, because nobody has been harmed yet. that is the government strongest argument today. the reason that is, in the bill, they front load the goodies. then they put all the bad stuff after 2014, so nobody has been harmed yet. we have been harmed. the entity harmed the most is the bam panel campaign. why president obama gave it less than 14 words in the "state of the union" address. if the bill was popular they'd take a major victory lap, but they're not. it's likely the supreme court rule against them. >> bob: if they rule against them in a 5-4 decision, it would be a typical hack supreme court decision. it will be in my view 7-2.

you are going to get the far right alito and what's his name, thomas. but in the end, i think they decide to embrace obamacare. they don't call it johnson medicare, they don't call it fdr social security. in this case, one of the great, great entitlement of our time 100 years from now will be called by the right name. >> greg: if this is an achievement, rammed through at it night that cost twice as much as they budgeted. >> bob: what don't you like? >> greg: i don't like anything where i'm forced to do something i don't have to do. i understand i'm not allowed to rob a bank. but i shouldn't forced to buy something. >> bob: you are against ryan forcing you buy medicare insurance? >> dana: that is so disrespect to feel the supreme court. if i said that about kagan and sotomayor i would be labeled lots of different things. this is so wrong to not

respect whoever has been confirmed on the supreme court for their judicial prowess and ability to rule based obvious oe law not ideology. >> bob: if they're far right or far left -- >> dana: that's not what you say. >> kimberly: eric bolling? >> eric: at the end of the day i know you hate the cliche, however, at this end. if it's so great, why would david plouffe go out and basically bring mitt romney in saying look, mitt romney was the -- what did he call him? the godfather of healthcare reform. if it's so great why would you do that. number two, if it's so great, why would 1200 waivers be granted primarily for the union? >> bob: this is a republican concept. introduced and passed in legislation in the senate by bob dole in 1993. instituted by the american enterprise institute. their idea. >> eric: not the mandate

part. >> bob: mandate, the mandate was the whole republican idea to begin with. now they run away from it because obama is behind it. >> dana: even if that were true -- they don't like that. if 72% of the american people don't like it, you have a problem. >> bob: 72% up and down? >> kimberly: poll it. we'll continue the discussion in the break. wish we could show that to you. coming up, did president obama slip up and repeal diplomatic plans for a second term? ah-ha. to the president of russia of all people. we'll show you the tape and you can decide what he's up to. don't forget to e-mail us at thefive@foxnews.com. ♪ ♪ ng.

♪ ♪ freddie 1984 when wam gave us

"careless whisper." and like other wham hits, george michael didn't write it alone. his cohort helped but was never heard from again. it's no wonder. the saw foresaw future administration m.o. seemed to be a careless whisper after another. it's all about hiding police for americans who are too dodgy to embrace obama progressive ideas. why when meeting with the russian president what's his face mr. obama had to whisper a promise, one banking on his re-election. it got picked up by a hot mike. who hasn't? here he vows more flexibility when it comes to our security. guest so he will have more flexibility, perhaps as pundit

at msnb or referring to a stretch class. my guess he is saying if he wins you will see the real obama, the one who isn't as keen on american interest as being the world's most progressive action figure. he is right. the national security is a nonissue once the american public is out of the way. it makes you wonder what else he will give up now that accountability is gone. ultimately how will america take president obama's betrayal? well, to quote george michael, "i should have known better than to cheat a friend. waste a chance that i've been given. so i'm never going to dance again, the way i danced with you." serious -- >> kimberly: boo-hoo. >> eric: for the record, i have never been picked by a hot mike. >> greg: i don't know. i have pictures. dana, this is weird, right? he used a public forum to deliver a message through a puppet. to putin. isn't that -- >> dana: i'm totally

baffleed. i don't understand, they had been in a private meeting. if you wanted to deliver some sort of message, he could have done it in private. even when you are a candidate, you are constantly reminded hot mike, hot mike. don't say anything. to say something like that to medvedev who is not his peer. his peer is putin. if he wants to pick up a phone and call -- the problem for them, let's assume for a second this is totally innocent. what else are you telling other people? who what are you telling the environmentalists? what are you referring to the unions or the hispanic community? hollywood? the keystone pipeline. if i could get re-elect and i'd do "x," "y," "z." he never finished a sentence why he want agency second term. if this to say it in russia in

front of allies a big mistake. >> greg: bob, if you were a campaign guy. if you were a republican this would be in every campaign ad. >> bob: no. i tell you why. the missile defense system goes back for nato, back to bill clinton has been contentious with the soviet union with russia. we have been trying to get something done. nobody is able to get it done. a hot issue. if i have the election, used to put it off, that's what he was doing. saying look, i can't deal with this right now. you don't want to say wait-up in after the holidays, we'll have lunch. that is what this is about. nothing nefarious no, hidden meaning. giving him a chance to not deal that right now. >> greg: i could take that as a fair explanation. i do it all the time for kimberly. she asks me out for drinks, i have things i have to do. >> kimberly: dreaming again, yes. i saw this and i went ah-ha.

now we caught him doing what we expect. what he is trying to say is hey. give me time if i win re-election, i'll take care of you. this is what they look at for sharing secret. cut back nuclear arms arsenal. >> bob: what do you think he is offering up here? >> kimberly: don't want to bow down to russia. >> eric: if you think it was an open mic mistake no, way that was a careless whisper. what that was, was president obama saying i have four years and i'm telling everyone i am taking a shot across the bow. it could have been more interesting if he said listen, flag, you and me, hugo, we're going to get together after the election and divvy up the world.

>> eric: this is what i said. this is not a hot mic mistake. not would be comment on the strategic missile. this is campaign election. >> bob: this is the world's greatest dickers -- >> dana: if he had said that. nobod >> bob: nobody is leaving the impression that the president of the united states says after i'm elected i'll make our country weaker. >> dana: but nobody knows what they meant. i would put it in an ad in a hot second. >> greg: it is going to be in an ad. the real message is george michael was right. again. whaam. >> bob: there is a lot to say. but to suggest -- >> dana: he didn't suggest that. >> eric: i didn't say that. i said picked up by a hot mic.

it goes more to the four more years than had anything to do with the missile defense system. that is all i said. >> greg: wake me up, we got to go-go. coming up, you can't spell "twitte"sweater" without "swear" rick santorum proves that point. if you leave now, you won't get more foot massages. ♪ ♪ 

♪ ♪

>> dana: welcome back to "the five." a little g.o.p. politics because you remember in the space, newt gingrich successfully took on almost every single reporter that asked him a question in the debates. today, over the weekend, rick santorum had a little tiff with the "new york times." take a listen to that. >> would you guys quit distorting what i'm saying. i took on barack obama on the issue of healthcare. she bashing the blueprint. quit distorting my words. if i see it, it's blee [bleep]. c'mon, man. >> dana: that was strong language. the other thing he said is healthcare is the most important issue defining the election. so in some ways he did mean that. he is calling you know what on that. do you think he has a point? >> eric: he completely has a point. i read if he hadn't yelled at

the "new york times" reporter you're not a real republican. the media will do everything they can, yelling fire in a crowd anytime they can. but he bit on it. he said look out, i'm getting out of here and dropped b.s. he should haven't said that. he should have been presidential. why don't you be more accurate. >> dana: the santorum campaign did use this as a fundraising opportunity. kili don't think this is the end of -- >> kimberly: i don't think this is the end of the world. he has emotion. he was able to show and took on the "new york times." people might like that. he won't offend base, conservatives, guess what? they don't dig the "new york times." >> bob: how come i get yelled at for using the word on the show all the time?

>> eric: they bleeped it. >> bob: good point. i had a chance with someone on a train about newt gingrich. we talked about santorum. obviously one thing about santorum, this is my own, not newt, this is me saying that santorum is getting tired. they all are. he is under enormous pressure to win pennsylvania. if he doesn't he has a difficult time to stay in the race. i think he is getting a little anxious and testy. newt said something interesting. i hope newt if you listen to this, it's okay to say this. if not, you can sue me. i asked questions and loosely about why are y'all staying in. you and santorum? if he has a big lead. he said we're doing him a favor and the republicans a favor. i said what is that? us keeping him tied down is

less time for obama to get to him and beat him up. >> kimberly: one interpretation. >> dana: that's the theory. >> eric: that is it. that is the reason. >> greg: mother teresa of abuse. >> dana: can i bring up one thing. this is the republicans going after the media. this is why i thought that rick santorum should be more mad at the "new york times." editorial decisions are made when the pictures are chosen. this is on saturday, picture of santorum giving a speech in a field, secret service and no crowd. the headline is on the right that santorum still has women but there are none to be seen or found in the picture. do you think the editorial decisions are southerly made? >> greg: a great stark picture that tells a story. i would have used the picture. what you are seeing is that as we know, cursing at a "new york times" reporter is a hate

crime. will be prosecuted. >> kimberly: by eric holder. >> greg: you see santorum go after the media and you are reminded if newt gingrich was scooby-doo, rick santorum is scrappy-doo. junior. i don't care about this. i want to talk about herman cain. i miss herman cain. >> kimberly: so do i. >> greg: herman cain has artistic vision not since picasso. he has a new non-campaign video about the stimulus. show a little bit of it. >> small business under the current tax code. >> whoa! >> any questions? >> greg: all right. i don't know what to make of this. since we know it wasn't a real bunny. i think he wants to make

foreign films. >> bob: go back to making pizza. it would have made sense if santorum stands alone and republicans are after him to get out of the race. that would have made sense with the picture. but the content of the story doesn't make sense. >> dana: they like the photograph and they thought it was good. coming up, book selling in islamic bookstores gives husbands tips on abusing their wives and it's being sold as a marriage guide. we'll tell you about it next. ♪ ♪ ( bell rings ) they remind me so much of my grandkids.

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>> bob: welcome back to "the five." for your women out there, keep in mind what we're about to tell you is a book we have nothing to do with. there is a canadian islamic bookstore that recently sold out of a book. the book is called "a gift for muslim couple." it was published two years ago based on the writings of ali canvi who died in 1943. now this is how your husband should deal with his wife. and have control over his wife. let me show you some of the things in the book as recommendations about how you deal with your wife if she gets out of line. this is a muslim book. scold verbally. beat by hand or stick. pull by the ears. use harsh words. restrain financially. obviously this has potential for danger so i'll pass this on. [ laughter ] dana, who what do you think here? >> dana: first, i think this guy wasn't a good writer

because that is not semantically correct. shouldn't it be gift for muslim couples or gift for couples who are muslim? something like that. this is not a work of fiction. this is a guy that tied some time ago but the book was sold in the bookstore. we had a producer who called and spoke briefly with the owner who then hung up on them because they probably don't want this attention. this is -- the lack of freedom for women around the world is a problem. abuse of women around the world is a major problem. in particular, when you write books on how to guide and it's sold out of a bookstore, you hope it was sold as a joke or given as a gift as a joke but i kind of doubt it. >> bob: it was online in canada with what is the name of the -- >> dana: amazon? >> greg: ebay. >> bob: ebay canada online. they took it down themselves. kimberly, what do you say?

greg? i was trying to save you at trouble. >> kimberly: they should have vetted it before they put it up there. this isn't inconsistent of the quran. if a wife steps outside the marriage, beaten or the honor killing that takes place in this country in the name of islam. it's not surprising. >> greg: we have to be careful. you said it was sold out there. might have been one book in the store or might not have had any books about reporter called. according to my research at the gutfeld institute other cultures are really awful. if you compare it to america, we're the best place in the world. i love that they have ebooks. you can actually have an ebook to tell you how to live in the seventh century. >> eric: i had this discussion with, you know, producer. why did you recommend talking about this? well, not so much about a 80-year-old -- writings of

80-year-old author but more about a culture of what is going on in america. is there an epidemic of honor killings, as kimberly points out? probably not epidemic but it goes on. we know about the new jersey wife shot and the daughter in phoenix. kips there is a fox special on this. >> eric: an ohio run-away that didn't want to be involved in an arranged marriage and she had to go away. how are women, muslim women treated? if they are not treated properly in america they have a problem. >> eric: this was on a large scale the case when the taliban controlled the afternoon. this really was the law of the land. taliban if you remember kept girls locked in a school room while there was a fire going on. they didn't want them to come out. they didn't have the burqas on. >> eric: it really hits home when you realize there are

arranged marriages going on here between people of iraqi descent. arranging marriages for their daughter. the culture says they need to do it. because when a father feels the daughter or wife disconnects the family -- >> bob: there are arranged marriages in a lot of culture. not coming down on the islamic culture, but certain parts of it are what we see in the united states. >> dana: we are an open culture, society. we accept a lot of things but this will not be tolerated. >> bob: there you go. did you go see "home games" this weekend? i stood in line overnight friday and still couldn't get a ticket. eric did. he will tell us all about it. i'm going tonight at the midnight show.

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♪ ♪ >> eric: "the hunger game" broke all weekend box office records for non-sequel films taking in $55 million, including $30 from bolling family. on all emotional topics, love, fear, class warfare, corruption, cronyism on the scene. even a teaching moment for the family on the ride home. i sparked up a conversation about the central themes with the film with my son about out of control government so powerful we can demand fight to the death televised hunger game and the important sub theme of hope. how hope is what keeps people of races, creeds, classes,

turning on oppressive government to what eric chase turned to me and said i know all of this dad. i read the book. did you? i was schooled by a 13-year-old. very interesting what was pointed out. bob mentioned i didn't see this coming. nobody saw it coming. it's huge. how does it happen? >> dana: the books were popular. most kids, and i guess it's not necessarily a book we would have picked up at the train station going back and forth to washington. they had one of the highest marketing budgets ever. $45 million marketing budget and they made aggressive use of things that kids look at. we talk about eric chase using facebook. they had a game on facebook. videos and a site that really got everybody interested. then it was like dad i have to see the movie this weekend. i can't go to school and be the only kid that didn't see it. >> bob: what is tumbleer? >> dana: advanced twitterment we'll get there some day. >> eric: it's where you have

a web page that you make yourself. >> bob: tum b tumbleer for bob s ice and whiskey. where is the tumbleer. >> eric: i got to call you out. you wanted to see the movie but over the weekend you said you weren't going to see it, because you worry about the kids killing. >> kimberly: i asked you, you were evasive until i prompted you. you said it was intense, teachable moment, et cetera. but for me, as a pore of a 5-year-old boy i don't like the idea we're glamourizing the whole thing, turning children on to one another and expecting them to kill one another to survive as a spectator sport. i did not see the movie because i'm concerned to see it, i don't want to be upset. i'm a pisces. >> eric: if you have kids and they do end up killing, it starts with the 24 kids. young adults to kids. killing of each other is not central to movie. it's more the processive

government. >> kimberly: i get that. >> bob: the lesson on the way home to the car, about the oppressive government and taking control over everything and your son said he read the book. he must hear this from you every day. >> eric: can i point out, 13-year-olds, you would be surprised how much they pick up and how much they understand about things like cronyism, capitalism, o pressive government and they're very aware. >> bob: i bet your son is very well schooled in that, isn't he? >> eric: he may be. greg? >> bob: greg, please. come back. >> greg: i'm here. i'm here. i play hunger games every night with my ferrets. i have a jar of peanut butter and twister mat. you can take this as conservative or libertarian. but the girl from "gossip" girl said it reminded him of

occupy wall street, 1% killing the kids. i learned from that, that he is a complete idiot. but shows wherever you ideology lays tells you what you get out of it. >> dana: let me mention one other thing about this. the young woman name jennifer -- >> kimberly: lawrence. >> dana: she is 21 years old. jennifer lawrence. she proved that a woman in a lead role can be a major blockbuster from hollywood. >> eric: besides angelina jolie. >> greg: by the way, all movies are successful are targeted to 16-year-old girls. >> dana: this is a mixed audience. 61%. i read this stuff. >> bob: don't step on her point. yeah, you were. >> greg: fight to the death. >> eric: one more thing is next. are you done? here we go. one more thing.

sad news to report. someone very special lost over the weekend. stay with us. ♪ ♪ what makes the sleep number store different? the sleep number bed. the magic of this bed is that you're sleeping on something that conforms to your individual shape. wow! that feels really good. it's hugging my body. in less than a minute i can get more support. if you change your mind once you get home you can adjust it. so whatever you feel like, the sleep number bed's going to provide it for you. at our semi-annual sleep sale, save $400 to $700 on our most popular bed sets. sale ends march 31st. only at the sleep number store, where queen mattresses start at just $699.

♪ ♪ >> kimberly: now something very special for you. one for thing coming up right now. we have aretha franklin turning 70 years old. celebrated her birthday in new york city with friends like clive davis. she has shown it is never too late to keep making it happen. she has a new album that she is collaborating with her good friend clive davis. that she used to work with, back a long time ago. i know she is a nice lady. whitney houston's godmother and i was at her birthday party a couple years ago. class act. class act. greg? >> greg: speaking of class act, project runway all-star had the finale. the winner was mondo. i have been following him for a couple of years. literally and figuratively. >> kimberly: you have a man crush. >> greg: he has restraining order. i don't have a man crush. >> kimberly: you do. >> greg: he 2010 all-star. congrats.

>> dana: have you met him? >> greg: no. >> dana: invite him on "red eye." >> greg: why don't you? >> kimberly: i'm fine. good. more free time on my calendar. eric? >> eric: can we throw the picture up there of my one more thing. b.f.e. remember joe biden had the real open mic mistake, the gaffe. turns out the obama campaign is selling the t-shirt for $30. they have come around. >> greg: big fiery disaster now. >> bob: it will be a collector's item. you should get one. my one more thing concerns this is the first anniversary of the death of one of my dearest friends and one of the fox family friends geraldine ferraro. a congresswoman from queens, new york, a mother, remarkable woman. i had a great advantage of being able to tell her for the first time she heard it, she was picked as the first female vice presidential candidate with walter mondale. i was given that job and a

delightful one. she worked at fox for several years. she leighs he bind husband and two children. one of the remarkable people of the world. it miss her very much. gerry, i know you are listening. we love you. >> dana: she was great. >> kimberly: wasn't she? >> bob: a remarkable thing -- >> dana: a remarkable thing you got to do. >> kimberly: a pleasure to work with as well. on that special note. we want to turn it over to dana. >> dana: i want to do this without crying. we talk about henry bieshela my dog for 14 years. i got him when he was six weeks old and he died yesterday. he lived large. he had a great joke he could do. if you asked him, hey henry, what do you think of john kerry, he would get my old flip-flop and bring it back. i knew we had won the election when john kerry's spokesperson put out a statement about that. henry was a wonderful guy. a five fan.