>> hey there. thanks for join yous. >> i am anna kooiman. >> i am ainsley earhardt. thank you for watching "fox & friends first". >> it is round two of the battle over obama care. the key issue the individual mandate. joining us live from the syrup preem court is steve sintoni. >> this is the main event the day we have all been waiting for when the nine justices will hear the constitutional heart of this whole issue regarding the controversial healthcare law. that is whether or not the individual mandate requiring people to buy health insurance is actually constitutional.

as you know there were protestors out here. it was like a three-ring circus. we had protestors for and protestors against. line of people wait to go get in to hear the arguments. they were 90 minutes yesterday. there were three all together yesterday, today and tomorrow a total of 6 hours. today we will have two hours of arguments on that individual main -- mandate. they wonder if it was brought prematurely under the 1867 act if you haven't already paid a tax you can't challenge it in court. nobody is going to pay this tax a penalty for not buying health insurance until 2015. they didn't give any indication they are going to buy that. you never know for sure but here's one indication from justice breyer. >> congress doesn't use the word

tax. what it says is penalty. this is not in the internal revenue code but for purposes of collection. and so why is this a tax? >> today you are arguing that the penalty is not a tax. tomorrow you will be back and you will be arguing the penalty is a tax. >> a little disagreement over whether or not the penalty if you don't buy health insurance is actually a tax and whether it falls under an anti injunction act. that was yesterday. today again we move on to the main event that is the individual mandates. the hearings begin at 10:00 a.m. we have donald ver rarilli from white house arguing this is constitutional and paul cement arguing from the 22 states that brought the challenges saying no it is not constitutional.

back to you. it is time now to look who's talking. >> it's obama care the big talker. michelle bachmann one of the many republicans leading the charge to over turn them. she went on the record talking about what would happen in her opinion if the supreme court rules obama care is constitutional. >> the people as a country are relationship with government changes forever. we aren't electing a president in the future. we are electing a healthcare dictator who with the stroke of a pen or with the waiving of his magic wand decides what we get today or what we don't. the true story of healthcare under obama care is not the goodies you get it's what government is going to take away. that's the fwu touture of obama. we all lose. >> sarah palin went on the record. she thinks the president will be negatively impacted if the supreme court rules against obama care. here's what she had to say.

>> the leftist media which is the dominant media in our society today because they protect president obama. they will try to just dismiss the whole issue of it being deemed unconstitutional by the supreme court if that's the way this ends up. they will try to just kind of divert attention from voters and they will move on to other issues. it's important voters stay focused on the fact that if it is deemed unconstitutional that president obama who claims to be some constitutional scholar would try to cram down american's throat this idea that big centralized government would be able to usurp not only the will of the people but constitutional innumb rated limited powers of federal government. the voters need to be very careful in watching what the leftist media will try to play them no matter which way the ruling goes. >> that leaves nothing to brew on this.

you the voters in the role of a healthcare debate. >> 67 percent say they should over turn the healthcare law. only 26 percent believe it should be kept as is. 7 percent are undecided. >> we want to hear what you think. should obama care be overturned? you can tweet us the comments at fox friend first or e-mail. >> the president didn't know the cameras were rolling when he was talking to the russian president about our planned missile defense system in europe.

>> those comments not bowing well. take a listen. >> my interpretation of an american president telling a russian president about our missile defense clearly indicates he's going to sell out our defense system as soon as he gets re-elected which would fit his whole policy of weakness and appeasement. but it is pretty sobering to realize how cynical and calculated this process is. >> now take a look at this video. president obama tries to make light of the situation at the nuclear security summit. he covered a microphone before going over to say hello to m medevev. >> he pokes fun at himself once again while trying to clarify his comment. >> first of all are the mics on? the only way i get this stuff on is if i am consulting with the pentagon, if i am consulting with congress, if i have bipartisan support frankly the

current environment is not conducive to those kinds of thoughtful consultations. i think the stories you have been writing over the last 24-hours is pretty good evidence of that. i think we will do better in 2013. >> p send us your e-mails let us know what you think at home. >> time for your 5@5:00. firefighters in colorado working through out the night to try to get the upper hand on a massive wildfire that left one person dead. 50 mile per hour winds aren't making things any easier for them. this is 25 miles west of denver. you can pairly see the sky as it is filled with heavy smoke. five homes have been destroyed. embers left over from a controlled fire to clear land reportedly sparked the blaze. defense secretary leon pineda says the killings by nato troops by afghans the people the u.s. are trying to help are sporadic incidents and not a sign that a

trend is developing here. the latest attacks which left an american soldier and two british troops dead should not de tract from the mission. the parents of trayvon martin heading to capitol hill. their 17-year-old son shot to death by neighborhood watch volunteer george zimmerman. he is defending his actions on hannity insisting he acted in self defense. >> do know george zimmerman. i know he's not a racist. i know what he has told me. i know what the evidence is. until the evidence comes out we are not going to be able to start turning the corner. >> the friend says zimmerman is frustrated because he has been told by his lawyers not to tell his side of the story. a fox news exclusive to tell you about. the fast and furious scandal taking its tole l on moral. they obtained an atf memo it's revealing agents too trust their

bosses. 44 percent say pop brass maintain high standards of honesty and integrity. they scored some of the lowest remarks despite high salaries. the average pray 96,000 a year. >> the character borat may get a kick out of everybody but someone who wasn't laughing is the championship shooter from kazakhstan. ♪ >> no, that's not kazakhstan national anthem. during the award ceremony in kuwait. that's the borat anthem. the shooters look completely stunned. it was all a big mistake. they did the medal ceremony over with the real national anthem. that is your 5 at 5:00. >> it is 9 minutes after the

hour for your first weather update maria molina is here. it is chilly if you live across the great lakes. temperatures and fog that are below freezing including us in new york city where temperatures are 31 degrees. we are talking about temperatures in the 20s, 22 buffalo. 22 syracuse. you are going to need the winter coat once again. hope you didn't put it in the basement. it's really cold out there. the other concern is that you factor in a little bit of a breeze it feels even colder. feels like 23 degrees in new york city, 14 in boston and 13 in syracuse. this is the time of the year where you get the stark temperature contrast one day warm another barack oba-- anoth. because it is above freezing we have freeze warnings in michigan, ohio, mid atlantic into areas south of new york city. any one that planted any plants

outside or flowers unfortunately if those plants get exposed to temperatures below freezing for 3 hours or more they can be compromised. hopefully you covered them and took appropriate precautions. the warnings are in effect until 9:00 a.m. local time. once we get into the later morning hours temperatures will start to rise. as far as precipitation most of the eastern third of the country will stay relatively quiet. not much going on out there relatively clear skies. we have hit or miss showers across texas. that will be the story most of the day. you have showers and thunderstorms firing up. we have a storm system rolling on through. not a lot of heavy rain with it but we have hit or miss showers across north dakota and western parts of north dakota. there will be elevated fire danger once the storm system moves across the area. a lot of rain amounts to snow. i know you are asleep out there

but drive carefully all of the way down into central california. morning travel looks pretty good. atlanta, chicago, portland oregon watch out for delays. >> everybody so excited to see the daffodils and tulips popping up early. 12 minutes after the hour now coming up a tragedy that never should have happened. the suspect in a california killing spree was supposed to be deported long ago. who dropped the ball? reporters say so long to newt gingrich abandoning his presidential campaign. will newt consider dropping out. first what you missed on jimmy fallon. >> north korea is in a time warp it missed 50 years in progress. they denied the accusation in a strongly worded telegram.

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>> fire up the coffee pot for your tuesday morning. i am anna kooiman. it's 5:16. here's what you missed while you were sleeping. a singapore airlines flight is forced to turn back because of engine problems. the crew realized the problem nearly 3 hours after takeoff. the super jumbo jet carrying more than 430 passengers did land safely. pope benedict arrives in cuba

greeted by cuban president. he is meeting with him and possibly fidel castro. some wonder if it will be bitter after the pope criticized cuba's marxist model. a huge mass in santiago square. >> stories you can bank on this morning beginning with how american taxpayers could be getting money back from aig. joining us now is lauren simonetti fox business news. >> he says the u.s. tax payer o could get 10 billion in profits after we bailed out aig. it will be nice to get profits. >> what about the global scandal. there's more on this, right? >> we are talking possible criminal charges. the former governor of new jersey don corzine and former ceo of ms global.

if prosecutors prove they want to prosecute him criminally he knew customer money was used to plug a whole at thole at the co. there's a memo he gave instructions to move money to cover a $2 million hole for jp morgan. >> if you own a bmw you need to listen up. 1.3 million bmw's, the largest recall in years 5 and 6 series model years 2003 to 2010 recalled because of an issue with the battery cable cover inside of the trunk. no accidents thus far. this is precautionary. you will get a letter in the mail it takes 30 minutes to fix. 1.3 vehicles is the total sales volume for bmw. thanks so much, lauren. time right now is 18 after the hour. forget about the bridge to nowhere. now there's a train to nowhere

and guess who is footing the bill for them? $4.9 million bill i should say. who do you think should play the role of nancy reagan? how about jane fonda, folks? we are not kidding. the average price at the pump $3.89 a gallon. ♪

>> 5:22 eastern time. check of headlines.

it was one year ago the poll tal trailblazer geraldine ferraro died. she was the first to run on a national ticket. she was elected to congress in 1978 and ran as walter monday do you's running mate in the presidential election. it could be a big sign of trouble for gingrich. the gop presidential kansas just lost his embedded print reporter. the last one pulled out on friday. they pulled after tuesday's illinois primary. newt not phased this development. he has no plans to drop out of the race. we heard about the famous bridge to nowhere then the road to nowhere. then there was a possible train from nowhere. >> a company linked to senate majority leader he is on the verge of landing a $4.9 billion loan from the obama administration to build a high speed train that will travel

from the edge of the mojave desert to las vegas. it could create jobs and be a lifeline for the area devastated by the housing slump. it is a costly gamble for taxpayers because it hinges on the assumption that californians will use the trains to get to vegas even though those from the la area have to drive 100 miles to get on board. if you take away the interest construction costs are expected to be as high as 6 and a half billion dollars. the average round trip is expected to come between 75 and 100 that's similar to a flight from la to vegas. national politics are also expected to come into play on the project's future. nevada is a battle ground state. it could lift the president's reelection prospects in the state. >> if you could get a plane flight for 100 bucks and don't want to drive who would take the train s train? >> the hope is it will become sort of a travel hub and

flourish because of the travelers going through the area. even the predictions coming from the company's side as far as how many travelers will use the train are very blurry. >> 100 miles that's a long drive. 25 minutes after the hour now. here is what dick cheney's doctors didn't tell you about his condition. >> poor charlie wrangle the shamed congressman in more trouble this morning. is that even possible? first on this day in history 218 years ago the u.s. navy was born.

>> welcome back to fox and friend first. i am ainsley earhardt. >> i am anya kooiman. it's the 27th of march 2012. >> the supreme court fwat el over obama care round two. the key issue at today's hear something the individual mandate. doug luzader has details for us. round two today. this is the crux of the entire case against president obama's healthcare plan. outside the court as we have been seeing the crowds and protests have been building over the past few days. this is the day that most people have been waiting for when the court will tackle the very essence of obama care which is that requirement that all americans purchase health insurance. 26 states will argue that it goes too far. >> if you breathe congress can regulate you. that's what we have to stop the slippery slope from happening. now yesterday the court

heard arguments about the timing of the case. every american would have to pay the government money if they don't buy insurance. there's a legal question about whether that technically attacks or if it's a fine or penalty. if it is taxed the court might have to hold off on a decision and still the tax would be enforced the irs in 2015 president obama is saying it is not a tax it's a penalty. they have the authority to levy taxes. that's the difficult leaggal maneuvering. they expressed confidence the court will ultimately uphold the law. we should find out sometime later this summer. back to you guys. >> thank you, doug. now for your 5 @5:30.

a man should have been deported back in 2006. bin luck is accused of beating his victims to death. he was supposed to be in vietnam for robbery and assault. but he was allowed back in the united states because his native country didn't want him. reports say they believe last week's murder may be connected to a gambling debt. update on dick cheney's heart transplant. he was sound asleep when the phone range after midnight. he was told to come to the hospital because a donor heart was about to become available. an hour later he was prepping for his transplant surgery. 17 hours after that he was recovering. his cardiologist tells fox news he is doing quote amazingly well. >> port authority in new york and new jersey are considering tens of thousands will door lassar to those who don't turn off their cell phones and tablets before takeoff.

it is believed to be only one plan that is to be considered right now using electronic devices on the planes is usually banned during takeoff and landing. congressman charlie wrangle now paying up for using money from the campaign office. he's agreed to pay $23,000 to the federal election commission for breaking the law. wrangle signed a deal with full knowledge it was a risk. a house ethics scandal found him guilty. raising eyebrows this morning liberal activist jane fonda tap to do play the role of nancy reagan in the up coming film "the butler." it follows eugene allen who spent 13 years working there. horace whittaker in talks to play that role. >> bill o'reilly riley is weighing in on the trayvon martin case. >> is the case actually being

tried on television? listen to what o'reilly and his guests think. >> this has become a national conversation. bottom line is the national conversations are not about having conversations they are political litanos tests they are tools to get all kinds of things done by politicians and political activists. they are often devoid of facts. >> wouldn't you say mary katherine that right now as far as the public is concerned you just don't know enough to convict anybody on television? so we have to be very, very careful. >> this is the thing. we saw this in the duke lacrosse case where the cop came out and turned out to be a totally different person. >> he has already been convicted there. cnn i am not sure where they are, but certainly have been inflammatory statements made. what do you think about the black panthers going, hey. this is what i mean once you get into this realm it means zimmerman can't go outside of the house because these guys are threatening him.

people might be sympathetic to his point of view. zimmerman's life is in danger. totally out of control. >> this black panther, this is totally a distraction. they are despicable. they are race baiters. that to me is loathsome and it does not help. as we were telling you earlier the parents of trayvon martin will be on capitol hill today. tuesday morning social network. a new trend in the workplace. would you give up your facebook pass word in order to land a job? they are getting attention on capitol hill. hi there, anna and ainsley. it's an unport gn-- an fortunat choice. give up your privacy in order to get a job. lawmakers are intervening saying in the end you shouldn't have to make that choice. senators chuck schumer and richard blumenthal calling on the justice department to launch

investigations into companies and law enforcement agencies asking job applicants to submit facebook pass words along with a job application. states in california, illinois and maryland weighing certain types of legislation. at hand the possible violation of two specific acts, the communications act and the computer fraud and abuse act both prevent access to electronic information without authorization. now facebook has already taken a strong stand against the practice saying that they are weighing legal action against any company that involves such practices. but the question of legality still remains on the table. that is what lawmakers are looking into. back to you. >> we heard so much from senator chuck schumer over the weekend saying this is giving somebody the key to your house and

letting them read your personal journal. >> a lot of people say it's violating privacy issues. we were talking about it in the newsroom one news producer said she doesn't care she has nothing to hide. >> before you leave the house this morning you need to grab a coat or umbrella especially if you are living in the northeast. maria molina. >> good morning. unfortunately you need the coat again across the northeast. we have enjoyed mild temperatures lately and now it is starting to feel like winter again. the other big problem when you factor in a little bit of a breeze out there 5, 10, 15 mile per hour winds it feels a lot colder. that's the story for most of the northeast. windchill temperatures are a little bit cooler than our current temperatures. otherwise across the center of the country not too bad. 67 in kansas city 612 dallas and 65 san antonio. mild out there. across denver colorado we are looking at a temperature right

now at 37 degrees. by the way we have the wildfire out west of jefferson county. we are expecting the winds to begin to decrease today and also relative humidity to increase. it is good news. dry weather across the eastern third of the country. i am not looking at too many problems as far as weather delays go. i don't think we will see too many problems as far as wind. above average across the plains you have already seen the temperatures on the warm side. a lot of rain and snow across the higher elevations. as we look at the satellite picture some of the rain already coming down early this morning outside of california. note for the high elevations along some of the high ethel vations that will head eastward and could be bringing in some severe weather across parts of missouri and also illinois.

morning travel looks good. memphis and dallas not looking at any delays. here's a look at the severe weather area across portions of missouri and illinois. >> thank you, maria. >> bobby brown in trouble with the law once again. the lahusband of whitney housto was given a dui. he was pulled over for talking on his cell phone soon suspected he was intoxicated when he reportedly failed 4 sobriety tests. after numerous attempts to change a controversial documentary r rating the company will release the movie bully. that means it is up to individual theaters to decide who to admit into that movie. the battle between the studio and motion picture association of america made headlines after a 17-year-old girl started an on-line petition in hopes of changing the rating of pg 13.

chloe cardian says she is not supporting pita any more. chloe who appeared on several billboards for the organization was apparently disgusted when she found out the woman who flour bombed her sister kim was a major pita activist. kim kardashian now saying she will file charges. i couldn't believe how quickly she got back on the red carpet. it was 10 minutes she was back. >> she has a whole staff that works for her. she handled it great. i couldn't believe someone did that either. >> between that and the ashes being spilled all over ryan seacrest and rick santorum being glitter bombed. >> chloe being a good big sister. now for your starting lineup a roundup of the sports stories making headlines at this hour. teeb bow mania underway for the new york jets. >> i am honored and humbled to be a jet. i am thankful they wanted me. i am so excited about meeting my

teammates. >> tim tebow said he was excite mored than 40 times in the news conference. press releases to introduce backups are pretty rare. he downplayed talks about a quarterback controversy with sanchez. payton is suspended because of the bounty pool. he isn't sure if he has the bug to coach again. take a look at this buzzer beater it is truly priceless. this is third greater austin he leaves the ball banks it in during his team's win during the tournament austin is running around the court. he put the strength of his entire body into that shot. >> talk about a hail mary. only thing that would have been more impressive is if he did it granny style. >> you know his dad is so proud. >> coming up better watch what

you say. the largest center is under construction. the first target could be you. >> an easter egg hunt gone rotten. don't blame the kids. it was the parent completely out of control. >> what you missed on leno last night. president obama is currently in korea where he visited the dmz which paris hilton said why does he need to get a korean drive's license. i don't get that.

>> 44 minutes after the hour on this tuesday morning. i am anna kooiman. troubling details are emerging that the nsa new spy center will be able to spy on all of your phone calls and e-mails and essentially figure out

everything there is to know about you. elizabeth pran joins us with more. >> the national security agency or nsa is building the utah data center. a million square foot if as aility 11 football fields under construction south of new york city. th it will support the cyber security initiative which is the federal government against cyber threat. let's go ahead and get to why we are talking about it. in a bombshell article interviews a whistleblower claiming they have software that quotes eves drops on domestic phone calls on web searchs and social media outlets target addresses and phone conversations. the nsa is building the country's biggest spy center. in congressional hearings days ago director general sander took the issue head on. el specifically addressed the accusations in the articles

definitively saying know to the allegation. the u.s. does not tap into citizens especially without a warrant. we receive add written response from the nsa which reads many allegations have been talking planned activities. it will be a state of the art facility design to do support the intelligence community efforts to strengthen and protect the nation. nsa is executive agency for the director of the national intelligence. will be the lead agency at the center. intelligence gathering is limited to foreign communications. they have occurred such as warrantless wire tapping controversy. one thing i did want to mention earlier in the monthly on pineda's group of reporters in kentucky. one reporter said what keeps you up at night? what are you most afraid of. right away he said cyber attacks which is what the nsa is focusing on. >> the way of the world and the

future i guess. >> 5:46 now. coming up fox news contributor judith miller will be here with more on the shocking claims in the data center. >> 46 after the hour. stranded at sea for nearly a month. wait until you hear how this guy survived. last chance to weigh in on the brew on this topic. new poll says 70 percent of americans want some part of obama care overturned. we want to know what you think. tweet fox friend first on twitter or e-mail us at friendsfirst@foxnews.com. see what's coming up. >> you want to have the keys? go ahead. >> coming up on fox and friends telling you to cut back on the red meat. not so fast. new study says hamburgers make you happy. only 14 but he's graduating from college again. we will meet the boy genius who

says he can be a kid, too. >> also laura ingram arnold spector and marley and much more. back in a moment. twenty-five thousand mornings, give or take, is all we humans get. we spend them on treadmills. we spend them in traffic. and if we get lucky, really lucky, it dawns on us to go spend them in a world where a simple sunrise can still be magic. twenty-five thousand mornings. make sure some of them are pure michigan. your trip begins at michigan.org.

>> it is 51 minutes after the hour. let's go spanning the globe to see what headlines are making stories overseas. video of a shocking murder of a school children and rabbi and soldiers by a french gunman was

sent to al-jazeera. mohammed mura was filming the killings. he was killed by police after the 30 hour standoff and al-jazeera said it has given the video to police now. director petraeus making an attempt to save the campaign against al qaeda and pakistan. it gave pakistan add advantaged notice of the strike. pakistan rejected this offer. ang amazing story of survival. stranded at sea for 18 days survived. boat motor died. he was able to survive off of rain water and raw fish. he was spot bted a fisherman drifting in the water off an island. >> the supreme court is on day two of the historic battle over obama care. today it will be on the individual mandate.

while the justices debate whether it is constitutional or not we want you to tell us what you thought. should the healthcare law be ore turned? here are some of your responses. >> i believe obama care should be ruled unconstitutional. we let go of the freedom. we began the road to the end. >> it is unconstitutional if the court allows this. it will be the last nail in the coffin of our freedom. >> sharon wrote in my vote is yes the bill is too massive, too encompassing too expensive and i am possible to afford. keep those coming. you can find us on twitter@fox friends first. or e-mail friendsfirst@foxnews.com. the easter eggs may have gone rotten. it's the parents out of control. >> now for the word of the day all scrambled up. can you figure out this word? stick around for the answer. >> i got it i think.

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>> welcome back. before you leave the house this morning, you may need to grab that coat or umbrella if you're living in north east.

here's your first degree weather update. >> good morning, guys. that's right, it's very chilly this morning across the northeast. take a look at our current temperatures. 31 degrees in new york city. 22 in syracuse and 25 degrees in buffalo. enjoying some mild temperatures lately and this is basically a shocker once you've been enjoying temperatures in the 70's and shy of the 80's in new york city and now we're back into well below average temperatures and when you factor in a little bit of a breeze, it feels even colder out there. we have some wind chill temperatures, single digits for burlington in maine. but it is going to get better, guys. we'll see those temperatures on the rise later on this afternoon. should see a high of 51 in the city and 42 in syracuse and those winds should begin to subside compared to what we had to deal with yesterday with gusts over 40 and temperatures making it into the 80's with sunshine across the southeast. across the south, guys, it looks good. >> heard what you said, it's going to get better from here. >> things are looking up. now to take a look at the good, the bad and the ugly. first to the good.

bald eagle is an american icon and now there are three new editions in iowa. the alcoa eagle cam caught mom and dad taking care of their babies. parents behaving badly in colorado springs. no easter egg hunting for the kiddos this year. they canceled the free event because hundreds of parents were getting too aggressive even jump into the kids only section to get more eggs. yikes. finally the ugly. take a look at this video, you can make out the outline of a man. he lost his footing near a construction site and became stuck. a terrifying experience for him and firefighters who worked for an hour to pull him out. luckily his injuries are not life threatening. >> no, and mud is supposed to be good for the skin. >> that was a good mask, huh? >> time to get scrambled up. scramble those eggs. steve doocy is here to help us out. here is the one word that has a lot of job seekers on edge this

morning. can you figure this out? >> no, not yet. >> pink cookies! >> facebook. >> oh! >> oh. >> facebook. i thought it was -- i thought it was face-off. no. almost. >> i like that. as they would say on facebook. >> i like that you got a hint. you were the first one to get a hint. >> that was pretty good. >> actually a good one. >> not good enough it doesn't look like. >> would you give fox your password? >> it's password if anybody asks, steve doocy, password. >> are you kidding me? >> nobody is going to look it up. >> i'm sure you're right. >> dr. koomer is here tomorrow from the medical a team, we'll be talking with her and getting advice about our bodies and how to take care of them tomorrow on the show. now, "fox & friends" starts right now. >> let's make it a great day. >> thanks for joining us. have a good one! >> top of the morning to you. it's tuesday, march