springsteen to give the state a lift like he hasn't done enough already. christie has gone to 126 springsteen shows. he was asking about dark lyrics dealing with the economy. we owe started showing signs. martha: he wants him to do a concert in atlantic city. i retweeted it. we're going to go. you and me, atlantic city, labor day. happying now starts right now. see you tomorrow, everybody. jenna: he is scaling back his campaign in a big way but newt gingrich says he is not calling it quits. it is all part of a plan that will unfold at the convention. karl rove weighs in on that. jon: more deaths, more homes burned. the national guard called in as firefighters desperately try to contain massive fires raging in the foothills west of denver. jenna: an epic meltdown in midair. a jetblue pilot snaps, forcing an emergency landing. we have eyewitnesses and brand new information.

it is all "happening now.". jenna: hi, everybody, first to our top story today though. the supreme court showdown. i'm jenna lee. jon: i'm jon scott. with the fate of the health care overhaul now hanging in the balance, the supreme court justices now dig into this question. can the law survive if they strike down its most controversial component, the individual mandate. that is the one that requires americans to buy health insurance or pay a penalty. the high court also set to focus on another provision of the law today, which involves expanding medicaid. karl rove is the former deputy chief of staff to president george w. bush and a fox news contributor. karl, so much has been made which side is winning the arguments thus far but until these justice actually rule we're not going to know. as far as you're concerned, can, can this law stand without the individual

mandate? >> well, even the administration supporters say the law canned stand without the individual mandate. if you don't require everybody to buy health insurance, then if you've got this other provision called guaranteed issue that says insurance companies have to provide a policy regardless of preexisting conditions, what happens then people show up and say, you owe me insurance. and so without the individual mandate the rest of the law falls and even its advocates admit it. jon: the president says it is his signature achievement. if the law gets struck down, what happens to his re-election prospects? >> i think it depends on what his response is. i'm writing about this tomorrow for "the wall street journal." on the one hand he could say, i accept the court's decision and let's work to find a bipartisan answer that provides access, greater access to affordable health insurance for all americans. that could position him back in the center. or he could double down which i think the instinct of this team is to do. that is to attack the

conservative majority on the court as heartless and demand a greater role for the government, perhaps in an public option where the government directly competes with private and nonprofit providers. that is a big decision the president will face. jon: all right. karl, want to also ask you a little bit about newt gingrich talking about taking this thing all the way to the convention. his, he has eliminated much of his campaign stuff, campaign staff. we're going to get to you. i'm sorry i want to ask you that question after we get james rosen in on that. hang on just a second, karl. jenna: talking a little bit about newt gingrich. he is scaling back his campaign. the cash-strapped candidate laid off a third of his staff. that is the news we woke up to this morning. he also will reduce appearances. still gingrich remains hopeful he can stay in the race all the way to tampa. before we get to tampa we'll go to james rosen. he is live in our washington, d.c. bureau. james? >> reporter: jenna, good

morning. gingrich campaign aides are saying this morning, they're adopting a big choice convention strategy. the former speaker himself speaking to a local radio station this morning said, and i quote, we have to respond to reality. we have a cash flow shorter than what we would like it to be. >> mitt romney doesn't have 1144 delegates. there is no sign yet that he is guaranteed getting 1144. for some reason everybody in the establishment is chanting that santorum and i should quit. well, romney has to earn this. it is not going to be given to him. we have every right to run. >> reporter: rick santorum likewise shows no intention of giving up the fight despite the insurmountable lead in the delegate count held by frontrunner mitt romney. he has in sparta, which is, a state whose primary on april the third. the winner will take all 42 delegates at stake. in campaigning in beaver dam, wisconsin, santorum

acknowledged some polling slipping but he has overcome that in previous states as well as governor romney's spending advantage. as for the frontrunner, he was on the west coast yesterday where he squeezed in a visit to the set of "the tonight show.". he responded to recent suggestions from rick santorum despite the heated talk, he santorum, would be willing for the sake of the country, he said to serve as romney's running mate. >> rick san is a tore rum is good guy. he is running a good campaign. we have differences in background and differences on some issues. basically a good guy. i'm happy with him saying he would like to be a part of an administration with me. nothing wrong with that. if he is vp, that's better. >> reporter: if he is the vp that's better. that is interesting. texas congressman ron paul is still slugging it out. he is set to field students questions at the university of maryland later today. just to confirm for the sake of our viewers and the record for history, did i just bump karl rove? have i arrived in stature? jenna: on this date and time. we will send you the tape.

>> reporter: wow, the status of it, the status of it. jenna: little did you know this would be the morning of that. thanks, james. kindly reminds us four candidates still in the race though. jon: much to james's displeasure has to be asterisk in there, he bumped karl rove only because of my awkward error. let's bring karl rove back in now. former senior advisor and deputy chief of staff to president george w. bush. karl, what about it? newt gingrich, newt gingrich's campaign. you have in the past you said you don't think there will be a brokered convention. he seems to be counting on that. >> yeah. well he call it a big choice strategy. i think he has little chance of getting his big choice. a big obstacle will be rule 40. the republican national rules say you have to have a plurality of delegates from five states in order to get your name placed in nomination. there are only two candidates who will show up in tampa with a plurality of delegates in five states. one of them will not be newt

gingrich. it will be mitt romney and rick santorum both whom already met the threshold. speaker gingrich has a plurality of delegates in two states, south carolina and georgia. little chances he admits of getting anymore between now and the convention. when we go into tampa we'll have two candidates nominated for the presidency. i find it hard to believe one of them isn't going to get 1144 on the first ballot. what will happen, we will have a bunch of people abstain on the first ballot in order to give newt gingrich a chance to win? doesn't work that way. doesn't work that way anymore. jon: another big story in the news these days involves the president's open mic comment with the russian president saying that he will have more room to deal after he's reelected. you have written that he is in effect he is ready to do something the russians will like but the american people won't? >> yeah. look, if he has got something he thinks can work with the russians, go ahead and do it now. what he is really saying is,

look, i'll give you what you want but i don't make me give it to you now because i'm in an election. and this is revealing insight into the president's mind set. first on foreign policy because he is basically saying i'm willing to sell out on my allies in europe and give you what you want. just don't make me do it before the election so i don't suffer any flash back. it also has got broader implications. what other, quote, flexibility does he have in mind after the election if he were to be comfortably reelected? what other policies is he not willing to shoot straight with the american people about before the election? what secret plans does he have? jon: karl rove, thank you. >> you bet. jenna: this fox news alert. colorado wildfires are still raging out of control today. investigators are now saying a controlled burn may have accidentally sparked this fire. we now have reports of two deaths and dozens of homes destroyed as thousands are fleeing the flames. in fact, check out this amazing home video from one

family in jefferson county. it was captured in their car, while speeding away from their burning home. look how close they are to that fire? dan springer, live in colorado with more on all of this, dan? >> yeah, jenna, you mentioned two people killed in this fire. we don't know the cause of death yet but we do know it is an elderly couple in their late 70s. one body was found inside their home in the fire area, and one body outside. there is also one woman missing from the fire area. the fire is at zero containment today but that should change later on because weather conditions have improved. the winds are much lighter. the fire did not grow much yesterday. it is about 4500 acres but the property loss is substantial with 23 homes damaged or destroyed. 2500 homes have been evacuated. and another 6500 have been put on evacuation notice. the firefight is ramping up today. the national guard has been

activated. 455 firefighters, two air tankers and four helicopters dropping fire retardant. yesterday it was about protecting structures. today they hope to contain it. there is an effort as i said to find the missing woman. >> we have used our team today, urban search-and-rescue. that is a 3032 person team. they brought six dogs with them. they are colorado teams. they are going to be searching in that area starting at a location where the woman lived. >> reporter: as for the cause, officials say it appears to be a controlled burn done last thursday by the colorado state forest service in a watershed area. a worker went back on monday to check a hot spot and found a fire raging out of control. the big question, why would they intentionally set a fire during what will turn out to be the driest march ever in denver? residents are upset. >> this fire, do you understand that?

don't let them tell to you they don't know it has not been set. don't let them tell you it is mother nature. it knows at. it is a manmade fire set by jefferson county. >> reporter: the forest service is not taking responsibility yet. obviously major liability if it comes they are at fault, jenna. jenna: dan, thank you very much. >> reporter: yep. jon: meat processing companies are getting chewed up over a product their critics dubbed, pink slime. a growing backlash over this meat filler. forcing shutdown of some operations but are the media going overboard with a scare story? jenna: what is the real story, behind, quote, pink slime? we'll tell you about it. frightened passengers describing chaos on a jetblue flight after a pilot's major meltdown at 30,000 feet. >> all of a sudden i looked back the third time he almost hit me because i looked back, he came running down the aisle and he was

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jon: right now, authorities are digging deeper to try to figure out what caused a pilot's wild outburst on a jetblue flight. the ceo and president of jetblue identifies the pilot as clayton osbon calling him a consummate professional he has known personally for years. but yesterday the captain ended up running through the cabin screaming about iraq, afghanistan, al qaeda and a bomb. eventually he was tackled and restrained by passengers and the flight diverted to texas. laura ingle live in the new york city newsroom with more. >> reporter: hi, jon. a lot of scary moments for the passengers who say they watched pilot change into a different person right before their eyes. he went from a calm captain that welcomed them on board

earlier in the day to a random, dangerous threat. according to passengers the campaign was screaming we're going down, shouting there were bombs while running up the aisle of that plane after being locked out of the cockpit by that copilot. that copilot being called a hero taking the first step getting the pilot away from the plane's controls. he several passengers sprang into action and restrained the cap captain at the flight attendant's requests after he tried to open an exit door on the plane. >> they came over the intercom, please restrain him. we need to restrain him. that's when a bunch of male passengers went storming towards the front. >> if it wasn't for the people on this plane tying him up, then he would have killed us. >> reporter: he was taken to a nearby medical facility under the care of the fbi after the troubled flight landed safely in amarillo, texas and is receiving medical attention. the u.s. attorney's office in north texas will be the one to decide whether charges will be filed here.

his neighbors say they are stunned. >> clayton is a great guy. i've been knowing him for quite a few years now. never ever anything negative about him. so this is really shocking for me to hear that this has happened to him. >> reporter: according to published reports his wife has spoken out saying there are several different sides to every story, just keep that in mind. adding she doesn't have a clue why he may have acted out this way, the jon. jon: a sad story. sounds like somebody snapped in midair. tough hand it to the passengers. ever since 9/11 on flight 93 passengers are taking their safety into their own hands. >> reporter: that's right. jon: laura, thank you. >> reporter: thanks, jon. jenna: the individual mandate at the heart of the health care case is now before the supreme court. as the justice prepare to rule there are many questions where the idea for the individual mandate really came from. democrats say it is a concept that actually originated with republicans.

we'll take an in-depth look at the hit of the health care reform and talk to one of the people that some say you can blame for this individual mandate. plus, feeling lucky today the? why there are roughly half a billion reasons to buy a mega millions ticket right now. all that just ahead. [ kyle ] my bad.

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jenna: it is certainly at the heart of the challenge to the president's health care overhaul. the individual mandate sparks many protests. they often divide on party lines. democrats support the bill as well as the individual mandate while republicans don't. however whose idea was the

individual mandate to begin with? >> this used to be a republican idea, by the way, the whole idea of a individual mandate. suddenly some, like they got amnesia. jenna: so why is the president saying that? is there truth to that statement? according to the "washington post" the concept of the individual mandate dates back to the late 1980s. according to that report, health policy analysts at the heritage foundation led by our next guest picked up this idea and began developing it for lawmakers in congress. stuart butler, who is a distinguished fellow and director of the center for policy innovation at the heritage foundation joins us now. so, stuart, what do you make of the president's comments? did republicans really start this idea of a nationwide individual mandate? >> well, no, not at all. i think what is going on is an attempt to find a scapegoat for what is a very bad policy. it's true that 20 years ago the idea of trying to apply

a mandate of some kind to buy insurance was seen very widely including by me and others on all sides and in the academic world as a way of dealing with a problem that some people would not buy insurance and simply go to the emergency room and run up huge bills that somebody else had to pay for. so it was seen as a particular problem. and the idea of a individual mandate was seen by me and others as a necessary evil to deal with that problem. at that time the idea of a mandate was very widely-held, as owe the post said. people like mark paulie, professor at university of pennsylvania and many others thought that was the only waa could deal with that problem. jenna: what's changed? >> i abandoned, -- it changed a lot. we have certainly abandoned the idea and thought it was a bad idea for more than 10 years here. i've been speaking against it for many, many years. what changed was the number

of things. the one being the idea that was the only way you could deal with the problem has been really overtaken by newer research and other ways which we can deal with it. for example, looking at different subsidies to encourage people to buy insurance, rather than mandating them. candidate obama, he emphasized that and talked about the problems of hillary clinton's mandate. so, looking at subsidies is one element. the other is the whole issue of what you might call the default. if you make having insurance the default for people, either at a place of work or somewhere else, more people are inclined to take up that insurance. if you require them to fill in lots of forms to get insurance, we know from the research that they're less likely to be insured. so there has been a lot of research in the last 20 years to say, you really don't need a mandate to get the overwhelming number of people to get insurance. jenna: did you support, did you support the mitt romney

plan in massachusetts, the some are calling it the mandated plan in mass pass where if you're a resident of massachusetts then you have to have health insurance? >> well, we certainly did not support the idea of a mandate in massachusetts or anywhere else to get insurance. for exactly the reasons that i have given. in massachusetts there were many elements to that, to that legislation, including some very good things that allowed people to go to exchanges to get better information and to be able to buy the plan that they wanted. there were very, very bad parts to it including the mandate. so the fact is when you look at the history of this, it is very important to understand that some of us, have learned, from mistakes. some of us have looked at the research and said there are other ways to do this without the massive intrusion of an individual mandate. and we've learned, and some of the people now supporting it have not.

the other thing to understand is, there's a big difference between trying to find a way to require people or to push people into getting coverage against massive costs like, major emergency costs in the hospital and it is very different from what the mandate today means which is really getting people to get a very, very detailed, comprehensive, form of coverage with all kinds of things in it, that the government thinks you should have. that is really what justice scalia in some ways was talking about, when he talked about should the government tell you to get broccoli? the mandate today it is forcing you to get all sorts of things. jenna: obviously a lot of different opinions about it and it is interesting to see how the word mandate, the meaning of might change depending on the context you use it as you described, stuart. >> exactly. jenna: we would like to is have you back to talk more about it as we continue to look at the problem of health care in this country.

thank you for coming on with us. >> my pleasure. jon: setting that record straight. paying for health care should not be a problem for whoever wins the next mega millions lottery. why? the jackpot nearly half a billion dollars, because no winning ticket was drawn last night. in fact there hasn't been a top winner in weeks. so the jackpot for friday's drawing now stands at $476 million. and it could go up. mega millions is played in more than 40 u.s. states, the district of columbia and the virgin islands. there is new fallout from the open mic incident revealing a private conversation between president obama and his russian counterpart about the missile defense shield. could it become a defining moment in this election campaign? we'll go in depth with a fair and balanced debate on the way next. if you have copd like i do,

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jon: new reaction now to the private conversation heard round the world. an open mic picked up president obama and outgoing russian president dmitry medvedev, discussing the missile shield in europe. the plan is not popular with the russian government. jon: earlier we spoke with karl rove who in his

foxnews.com opinion column says that exchange could be a defining moment in this election. the former senior advisor to president george w. bush writes, quote, if the president believes it is important to his re-election to conceal from americans his response to russian demands to halt development of a missile defense for europe, voters have every right to ask what other surprises does he plan to spring on us if he is reelected? so is karl rove correct? let's get a fair and balanced debate underway. mary katharine ham, with "the daily caller" and fox news contributor. juan williams is a fox news political analyst. juan, it is my understanding you don't think these remarks from the president are a real big deal. why? >> well, i think it is obvious the senate would have to confirm any kind of deal that the president made with the russians or anybody else on nuclear missiles, jon, but the larger point is this. everybody knows that once the president gets reelected he has more political capital. the american people have shown faith in that person, whether it is george w. bush

after the '04 election or potentially barack obama after the election this year, after 04, president bush came back and introduced changes to social security. he knew it was controversial but he was willing to put that political capital on the line. it didn't fly. what president obama is saying that he knows it is an uphill struggle to get some of these missile defense treaties through the senate but he thinks he will have added capital after this election. all you're hearing from karl rove is, he is trying to make the case, oh, obama unplugged, unleashed is going to do all kinds of wild and lefty things and encouraging republicans to use that in ads and in speeches to try to defeat the president. jon: well, he said in his column, mary catherine, the president in effect seems ready to do something the russians will like but the american people won't. >> i actually think it is a pretty revealing moment and not bad for the american people to hear it. it is sort of a introduction to second term obama.

i don't think that is an inaccurate statement. i don't think it is a bad idea for republicans to use that. one of the concerns conservatives have had if he is reelected he will be unleashed and that may bring upon the nation more high spending and more lefty programs, and along the way, perhaps selling out of our smaller and less powerful allies for things like missile defense, for the russians which he has not been in super in favor of in the beginning. i think it is a revealing and bad moment for him. jon: you're saying mary katherine, this hasn't gotten the kind of treatment it would get if it were a republican president makes those kind of remarks? >> no. i think it would be considered a huge international incident had a republican president said it. i think the press would treat it that way. with obama they're a little bit easier on him. look, he is in this conversation he is saying listen, the interesting thing to me, he is not bargaining about things that would be in america's interest, hey we need your

help on these sanctions. maybe i can give you flexibility on the missile defense. he is saying i want to get reelected, give me some space. to me using the that as the chit is very revealing about his focus. jon: to her point, juan, when the first president bush, bush 41, caught a stomach bug and got sick, in the lap of a japanese prime minister, that made huge news, carried worldwide on balance doesn't this seem to be a bigger deal? >> yeah. but, jon, that was kind of a, you know the president gets sick at a state dinner. people obviously see that as kind of, you know, gossiping and celebrity and awkward moment for a human being. jon: sure it was. >> more people will tune into this. this is about policy and i just disagree strongly with what mary katherine was saying. it seems to me that the president is indicating on a pragmatic level that you have a leadership change coming, vladmir putin is not going to be president of russia and putin has been a

very difficult person to deal with but the president and the administration have remained resolute about building this defense shield in europe which antagonized putin. so here's the president saying i want to do business, i want a negotiation because relations between the u.s. and russia are key to worldwide global stability. and i just think that he is saying something that is obvious. if the american people reelect him, he will have more strength in terms of those negotiations to try to get a deal with the senate. jon: remain resolute? didn't he pull the missiles out of poland? >> he pulled missiles out of poland. of course what you see is the shield is still there. the idea for building it and of course the exclusion of russia from some of the agreements that we have with our european allies still is a thorn in the side of putin. he wants in on all these deals and he hasn't been able to get it from the obama administration. jon: all right. mary katherine, quick final thought. >> this is important it is about policy. that is an important point from juan and gives reason

for republicans to continue to ask exactly what he meant. and gives good reason for moderators in debate exactly what he meant. he should be asked. he should have to answer for it. jon: mary katharine ham, juan williams. thank you both. >> thank you, jon. jenna: is the official term is lean, finely textured beef. some are calling it pink slime. either way is this safe to eat? is this media created controversy? all sides are here. a debate just ahead. ♪

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jon: new next hour, two arrests made in the murder of a vermont teacher. police say the suspects have a previous connection to this woman, 33-year-old melissa jenkins. jenkins toddler was found alone in her idling suv over the weekend. the national average price for a gallon of gas jumps again. could we see a pullback

before it hits four bucks? some like it hot, new research on spicy foods finds you can't beat the heat when it comes to your health. our medical expert on where the benefits to your heart really might kick in. jenna: speaking of food, let's talk a little bit about this. how worried should you be about the so-called pink slime in your hamburger and should we be using that term? a simple definition what we're talking about is a beef filler. it is often mixed with regular ground beef. this week the sole company that makes it was temporarily put out of production at most of its plants after a lot of criticism over this ingredient. now leaders of at least four states are planning to tour the only plant still in operation in producing it as a sign of support. so what is the deal here? is this filler safe to eat or not? janet reilly is the senior vice president for public affairs at the american meat institute. dr. cathleen london is a family practice physician

joining us as well. first, janet, inside the industry, what is this? >> first of all this is not filler. this is beef. we use a machine to separate lean beef from fat and it helps us prevent waste and it is a safe process. it is called lean finely textured beef. what happened over the last several weeks in the media and in the social media space is really a travesty because it is a safe product that is nutritionally equal equal to ground beef and it is inspected and regulated by usda and they purchase it for the school lunch program. jenna: within the industry is it only used for ground beef or is this lean finely textured beef found in other items? >> it is primarily used for ground beef. it could be used in some other processed products but the bottom line that its safety and nutrition are without question. jenna: dr. london, i got a lot of responses on twitter over this. folks said, listen we've been eating our hamburgers

for year. we haven't gotten sick and this is much to do about nothing. what is your opinion on this as a medical professional? >> it is not on the label. where are the studies on this? this, these are scraps. let's call it what it is. this is stuff that used to be put in pet food, not fit for human consumption, banned in england that then is slightly heated so they can do the separation process which increases pat owe against in what is left over. then they have to add ammonium hydroxide, cleaning fluid, so they can sterilize it or disinfect it. and ammonia is a waste product in our bodies. what makes urine smell. it is what is in cleaning fluid. it is noxious to us. if it is so safe, i want to see studies, not do an experiment on your children. processing in the food industry, this is just one example is an issue. we have an obesity epidemic probably partly blamed what we're doing to our food supply, how we feed our animals, what we give them in terms of additives and

processing like this. jenna: janet, let me get you jump in there is lot there to work through. >> there sure was. jenna: the parts about it, not being allowed in england. that this is actually a chemical that is being treated. that is concern for anyone that is going to the supermarket. so, you know, how do you view that? >> let me try to address those issues. dr. london i'm sure a wonderful doctor, but clear to me you never been in a meat plant. i would be happy to try to arrange that if you had been you would see wholesome cuts of beef. we raise the temperature slightly, that is true. then quickly frozen after we separate the fat and end up with leaner product which is what we all want. this has been approved, generally recognized as safe and has been for decades by the food and drug administration and the u.s. department of agriculture. i'm a mother too and my son will eat from the school lunch program and i feel absolutely confident and other consumers should too. really unfortunate this kind of misinformation is being circulated. it is not scraps. these are wholesome cuts. jenna: what about the point that the doctor makes about

being ingredients on the label? is that something maybe the meat industry in your opinion move towards so parents know if it is in the meat? in your opinion is really not, is this part of the product, the final product? >> sure. a lot of questions have come up about that. the first, let me say this is beef. so it is on the label but the bottom line we're using a machine to separate meat and fat. when we get milk in old days we used to hand milk it but today we use machine to get it from cows. we don't call it machine milked milk. this is beef. we don't call it machine-removed beef. this is just before. that is what it ends up being. and it is nutritionly equal and it is safe. jenna: dr. london, speak directly to our viewers i'm getting two different, two different trends when we put out a question on this one is a trend people say listen i'm not going to eat beef. i will go to a different item like turkey. someone says no one has

gotten sick from this it must be safe because no one has gotten sick. if you speak directly to our viewers on this? >> i believe our food should have the fewest step from the ground to the table. as far as i'm concerned less processing. i'm going for grass fed beef and don't have growth hormones or anti-bottomtics added to them. we're seeing to many effects from biotic resistance. we don't know the cause of our obesity epidemic. it is not just from people have gotten lazy. put it on the label. let me make informed choice. jenna: janet, real quick final point. if you see hamburger that has organic on it does it include this. >> lean finely textured beef is not included in organic products but if dr. london is concerned about obesity, this product results in 95% lean beef product. that's what we want. jenna: completely different conversation. we're more than happy to have it about some of the nutritional value of beef in general.

we'll have you both back. i will go on the tour as well. i would like to see a beef processing plant. >> absolutely. we would love to have you. jenna: janet, thank you for coming here representing the industry. dr. london always a pleasure to have you. >> thank you. jon: what about the media coverage of this whole controversy? our next guest believes it was pretty much a smear job what he calls a good company. dan gain nor, vice president of culture ad media research center. he wrote a opinion piece carried on foxnews.com. let's start with the name. how did it come into being, dan? >> this is a activist driven name. somebody who didn't like the product or process who used to work for the usda came up with it 10 years ago and popularized in the media. abc just abc alone used term pink slime 52 times. there is not a company in the country that could survive that kind of network assault. i mean imagine if fox, started, media started using

pejorative names people use for fox as a way to describe it. it is wildly unfair. jenna: what about this company? >> this company is an award winning company. the industry gives out a health award once a year, one big award, they have won it. they put this process through the, reason the why they treat the beef this way is because e.coli is a danger, beef process. if you were to check the tape, actually check the abc type in particular, you would find that there was a company that ended up going out of business back in 2007, getting rid of more than 20 million pounds of ground beef that had e.coli and got people very sick. abc even interviewed one of the people and she was afraid that she was going to die from it. and people can die from it. so what the company is doing here is producing not only leaner beef but reality is, they're producing safe beef. jenna: so this company, beef products, incorporated, a

family-owned company, right is in real trouble now because of these reports, in your view, reports that are unfair? >> yeah. they have already had, what they have had to do is furlough more than 600 employees. stop three of their four plants and, you know, what they have said and much to their credit, they have said that they're going to continue to pay their employees for 60 days while they try to see if they can restore their company name after this, overwhelming media onslaught. if they can, they will keep their jobs. but this is abc particularly, leading the charge and abc is a company that advertises on its own news program they will focus in on american-made products. and what they have done here is help really harm an american company. jenna: 650 jobs on the line as i understand it. dan gainor, from the media research center. >> thank you. jenna: thank you for viewers from all the tweets and comments and e-mails on the

subject. that is one of the reasons we did this longer segment to get to the bottom of what is going on here. thank you for that and we look forward to hearing more from you. raise your glass to a new study showing out how a drink or two could help save lives. who can benefit from alcohol in moderation. of course that is the key. how about this next story, jon? jon: giant rats running amok. creepy creatures popping up in one part of south florida where they just do not belong. experts are trying to wipe them out. how they're trying to do that. that's next. all right, let's decide what to

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jon: this is a story about an invader from the wild king dom. giant rodents now in the florida keys. check out size of these gambia in rats. some of them weigh as much

as nine pounds we're told. how did they get there? talk about it with scott harden, exotic species coordinator for florida's fish and wildlife conservation commission. these things were released in the florida keys by a breeder? >> well that's what we think. we think somewhere around 10 years ago there was breeder who either released them or they escaped and four or five years later residents noticed these large rats running around grassy key in the middle keys. so we had to get to work. jon: we have large rats in the new york city subways. this takes large to a whole another level. >> this is no ordinary rat. we don't see the nine pounders in florida with you we commonly see three to four pounders. you would not mistake it for any other rat you've seen before. jon: they are close to the size of an average house cat or they can get that big, as i understand it? >> they can get that big. some residents have told us these gambia rats have entered pet doors to get cat

food. believe me the pets stay back. jon: that would not be exciting thing to see in my house. you thought you got rid of them at one point? >> we've been working real hard. we trapped for a couple years. had gotten to the point where we weren't catching anymore. so we thought we had it under control. then about a year and a half ago, one of the residents told he is they were back so we had to get back on the scene. jon: the good news they are located in the florida keys, which you know, surrounded by water and so forth, there are not too many places they can go unless they hitch a ride, right? >> hitching a ride is really a concern for us. they don't have a any room in the keys to store their trash. so it all goes to the mainland. that is our fear if these guys hitch a ride on a trash truck. they get up there. there is plenty of room to expand and ton ever vegetable and fruit agriculture going on. we really don't want to see that happen. jon: i can hear that. let's hope, you feel fairly confident you can keep them where they are or trap the ones that are out there?

>> we're real confident. it gets complicated because these rats really like to be around people's houses. that is where they find the freshwater. that is where they can hide. so we're working in many cases in people's backyards. we think we're down to a dozen or so. we'll stay with it. jon: i will come help you catch them. scott, thank you. >> thank you. >> he is 41. she's 18. and his former high school student. now they're dating. and living together. how this controversy has sparked a new push for legislation to punish teacher, student, dating. how far can it get in the courts? we'll take a closer look coming up. ♪ let me get that door for you... [ man ] i loved my first car...

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>> reporter: stories that are brand-new for you over the next 60 minutes, stories you'll only see right here. breaking news in the last hour or so in the murder of a single mom in vermont. it's a case we've been following. today we learned about not one

arrest but two. we'll fill you in. a teacher and his underage student getting hot and heavy in emails and text messages, totally legal in the state of california. but some lawmakers are trying to change that. we'll fill you in on their efforts as well. take a look at this. why the amount of alcohol that you drink could improve your chances of surviving a major heart attack. things you need to know as a second hour of "happening now" starts right now. jenna: we start off with this fox news alert. round one is now in the history books. we have another round to go on this. the final day of the healthcare battle at the supreme court. hi, everybody, we are glad you are with us. i'm jenna lee? i'm jon scott. happening now the nine justices are wrapping up arguments on the key question. if the individual man dade is struck down, does the entire law go witness. that provision requires americans to buy health insurance or pay some kind of

penalty. part two is a challenge by the 26 states to th medicaid. shannon bream is live. >> reporter: there are quite a few protestors out today as there have been all week. i stepped out of the first part of the arguments whether the rest of the law can survive without the mandate. it was very middle. ruth bader ginsberg says are we to launch a wreckage operation or salvage open race. do we get rid of the entire bill or save parts ever it. some said that is for congress to do. they said this thing is full of all kind of things that has nothing to do with the mandate. how can we decide what to stay and what can't. they talked about the fact that a number of votes they believe to get this done were essentially bought. they talked about the corn h usker kickbacks.

they say how do we undue this when we don't know what deals were given to them to get their votes. justice scalia was more proif you get rid of the mandate the rest can stand. he said any time we gutted the bill and found it reasonable to uphold the law. right now i'd have to say coming out of the arguments it's really tough to decide which way the justices will go on that point. arguments start up again at 1:00 eastern on the medicaid question, jon. jon: shannon bream, live at the supreme court. let's bring in washington times columnist charlie hurt. it's my understanding that the government side, the obama administration side seems to be the least optimistic here. do you agree? >> oh, my goodness i don't remember a time in all the years watching the supreme court and watching politics around here where one side has run out of the building like with their

hair on fire terrified about what was going to happen to the signature piece of legislation. you know, so many people are talking about what the conservative justices were asking yesterday, in particular about the individual mandate, but the real troubling sign for the obama administration, and for people sort of on the left is the nonconservatives that were asking really tough questions. you had justice sonia sotomayor who was nominated by president obama asking tough questions. you had obviously justice kennedy who is often the swing vote. he was asked tough questions. it really raises real questions about whether or not maybe this is some kind of home run for the right. jon: to be fair there are also observers, keen court observers who say the chief justice roberts was asking questions suggesting he might vote to

improve this thing. >> that is a very important point, jon. chief justice roberts made it onto the bench by talking about humility in the supreme court. that has been the biggest question going into this. is whether or not justice roberts would make the argument that, you know what, congress has spoken, and maybe it was sort of through hook or crook and by the narrowest of margin, but they spoke and it's not our right to smack them down and say they can't do this. his questions focused on larger questions about the limits of the federal government and suggests he might be leaning in the conservative direction on that. jon: there are so many moving parts to this bill, i guess that is why the court scheduled i guess almost unprecedented three days of six hours worth of arguments. but if the individual mandate gets tossed out does the rest of it go away? >> whether it does or not the

bill, the law as it stands will just collapse under its own weight. i mean it can't really -- the way it was structured it cannot he can is without the individual mandate. they would have to come up with an entirely new system which was absolutely rejected by the democratic house, a democratic senate that was, you know, filibuster proof. so it's hard to emergency how with a smaller majority in the senate and a republican house how they could suddenly revive this huge, massive government program that would total here take over healthcare. so i think that regardless of whether or not the supreme court throws out all of it or just this one part, if they throw out the one part it's dead, and even worse i think for president obama will be the fact that he then has to go into the election with this court of -- this zombie, this bill that is not dead yet -- this law that is

not dead yet but it's out of control and it's walking around and is haunting him at every campaign stop. i think politically speaking i think that is almost the worst case possible for him. jon: charlie hurt from the washington time. some interesting language there, the zombie bill, charlie thank you. jenna: we'll take you out to colorado where we are seeing new images of the flames there, and more deaths linked to this raging wildfire. search teams discovering two bodies in the mountains southwest of denver. they are not yet sure if these are victims of the fire or whether or not these folks lost their lives ahead of that time. federal crews are now moving in trying to help out here. the seven-square mile wildfire already destroyed dozens of homes, forcing more than 900 families to evacuate. you're seeing first-hand video of a family that was trying to flee jefferson county. authorities say it was likely

sparked by a controlled burn, an intentionally set fire meant to prevent fires like this. they are still investigating at this time. as we get more on this. jon, we'll bring it to our viewers. take a lock at thi look at this video shot by this family. jon: it has been incredibly dry in colorado especially on the front range. janice dean is live in the fox e extreme weather center. >> reporter: a little bit of good news. hearts and prayers to awful the firefighters that are braving this wildfire that continues to look even worse. as far as mother nature is concerned she is going to calm things down, which is great news. and i'm happy to deliver that news. wednesday, thursday, friday, even into saturday winds will be light. however, as we get towards the weekend that's when we're going to see the winds pick up. so we have several days where firefighters can really, really hone in on that area and they won't have the elements to deal with. the winds right now very calm, and the wildfire we are talking about is just southwest of the

denver area. very light winds and conditions should be favorable for those firefighters to really get in there and do some work. the temperature -ts right now around 55 around the denver area and rising about 20 degrees for the forecast in and around the denver area. temperatures this time of year should be in the upper 50s. we are actually above average. good news for folks in that area. we are watching an area of disturbed weather across the ohio river valley in towards the northeast where we could have the potential of severe weather included large hail, damaging winds. don't think we'll see a severe weather outbreak in terms of tornadoes. we have severe thunderstorm warnings in southern ohio, in and toward pennsylvania south of the pittsburgh area. some of the storms could contain large hail and some damaging winds. we'll keep an eye on that. as we go throughout the day there is the main concern across the areas that i just mentioned for the severe weather threat. i don't think we'll see a lot of

tornadoes, which again is good news. back to you. jon: that is good news. thank you. jenna: a bizarre school bus heist taking a dangerous turn in new mexico. the wild chase and the unbelievable take down coming up. also, the final showdown at the highest court in the land over the president's healthcare law, the latest from inside the supreme court. new observations today for you. let's head over to rick to take a look what is hot on foxnews.com. >> reporter: perhaps folks want to g go on to foxnews.com. the number one story being read on the website has to do with a mistaken tweet sent out by spike leave. was trying to let people know where they could find george zimmerman, the shooter of trayvon martin. he sent out the wrong address. now the couple that lives in that house is afraid for their lives. you can read more about it on foxnews.com. we'll have more of "happening now." don't go away. [ male announcer ] what's the beat that moves your heart?

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jon: we are just getting our hands-on some incredible video of a wild police chase. dash cam pictures capturing new mexico police chasing town a stolen school bus. it happened earlier this month. police say the driver stole the bus from a yard in albuquerque. speeding through 80 miles of traffic trying to evade police. a state trooper runs the bus off the road by driving into it, the pit maneuver that forces the thing to turn. they pelt the bus with gunfire leaving the 27-year-old suspect covered in blood. he is now in police custody and faces several serious charges. jenna: i wonder what he was going to do with that bus. jon: who knows. jenna: tracking the final day of a very historic healthcare battle at the supreme court. nine justices just wrapping up the arguments on the law of survival if the individual mandate is struck down. the court is said to take up another controversial provision

in the back half of the day having to do with the expansion of medicaid. we'll bring in someone who was inside the courtroom this morning. joining me now supreme court litigator and the founder of scotus blog, tom goldstein. he's been watching the court for 20 years. tell us about your opinion of how the arguments went today and what you thought it. >> today the court was deciding what to do if they do strike down the individual mandate that's been so verse shall. the justices clearly divided on that question. the more conservative members of the court like justice scalia says the whole thing would have to be struck down and congress could start over. the more liberal justices like sonia sotomayor said maybe they could get rid of the individual mandate and leave the rest of the provisions in place. i think they will come out in the middle. there are provisions really important to making insurance affordable not just available. several members of the court

seem to think those have to go. if you get rid of the individual mandate which makes i, then you'll have to modify a lot of things related to insurance. jenna: that is a big job, that is an understatement to say the least. outside of the court you can hear the buzz of the crowd. i'm curious now that we're wrapping up the three days in the supreme court what happens next when the justices step away for the next several weeks, how will they be formulating their decision? what goes into that. >> it will be much faster than the next couple of weeks. it will be the next couple of days. the justices have the first chance ever to talk together about the arguments. they've only been operating separately until now. starting on friday they will meet at 10:00 in the morning and will vote. and thaoe there will be votes on all the different issues they've had oral arguments on. the chief justice will sign out the opinions. the opinion authors who have

plenty to read, there are hundreds of briefs to read. there go back and circulate opinions. they are on the clock, they have to figure out incredibly complicated issues and get those out before the end of the term in june. jenna: so interesting. i've been reading a lot of legal blogs as of late like yours and it seems to be taking the place of celebrity blogs. these are like the kardashian's, everyone wants to know what they are doing next, what are the justices doing next. in this time period where they get to go back and talk are they referring to blogs like yours? are they reading newspapers, different opinions of different people that are watch the court? does that actually factor in to the ultimate decision that they make? >> i don't think so. they have all of these briefs. they've had oral arguments, they have memorandums that span for hundreds of pages from their law clerks. the last thing they care about is what a blog has to say about the issue. they are incredibly serious people. they are trying to do what they think is right under the law. they have all the materials they need and then some.

jenna: we had a strong reaction at least in the press yesterday to some of the things said inside the court. we are not going to speculate on what could eventually come, because we know that a lot can happen, again, within the next several days as you so rightly point out, tom. what are you watching for this afternoon? what are you really going to pay attention to when you go back into the court. >> this afternoon we have something entirely different, that is the question about what to do about the expansion of medicaid, congress having put purse springs and requiring th strings on there. it's incredibly important. if the court were to cutback on congress' power to kind of pull those strings and force the states to do things that would be revolutionary in the law as well. it would be a huge case in its own right, wholly apart from all the individual mandate stuff. jenna: a quick final thought from you tom. there's been comparisons made by the justices and otherwise to different legislation that the

supreme court has taken a look at or not, whether social security, civil rights. there's been a lot of calm pa comparisons made. do think of those truly work here? >> the government says they do and the plaintiffs say they don't. they say this is not a tax, congress has broad tax power that gave rise to the social security laws and instead it's under the commerce power, it's trying to create something that didn't exist before. we don't know the answer whether it's the same or different. we'll find out in june. jenna: hence the reason we're describing it as a landmark case. i know you have as well. we'll continue to watch your blogs and appreciate you joining us with your expertise. thank you again. >> thanks so much for having me. jon: a vermont school teacher murdered. her toddler found alone in her idling suv. up next rick folbaum with a break in the case. police say they have made two arrests. one of the most bizarre scenes ever witnessed on a commercial aircraft in flight. we'll talk with a man who had a

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jenna: vermont police are announcing a break potentially in the case of a murdered single mother whose toddler was found alone inside her vehicle. a very sad story. rick folbaum has more from the newsroom for us. >> reporter: we've been tracking a press conference this morning out of vermont. police there just announcing the arrest of a husband and wife in connection with the murder of 33-year-old melissa jenkins. here is an officer with the news. >> state police arrested allen prue age 30 and patricia prue age 33 both of waterford,

vermont for second-degree murder and improper disposal of a body. additional charges may be forthcoming as the investigation continues to unfold. >> reporter: the prue's are set to be arraigned today, charged as you just heard with killing this single mother who worked two jobs to support her family. she was a science teacher, she also worked as a waitress. police say jenkins was strangled to death. allen prue is employed as a snowplow driver and a local paper delivery man. the pickup said he was an hour late for his shift on sunday night which is about the same time that jenning inches vanished, her suv discovered sunday night by a friend who had been looking for her. there was apparently a struggle, evidence of that any way. her 2-year-old son ty was found sitting inside the vehicle, the engine running on a dark rural road. police say jenning inches had hired the prue at one point to plow her driveway a couple of years ago. at this point they are not

speculating on a motive. the investigation is still going on. back to you. jenna: more as we get it. thank you. jon: we are learning more about exactly what happened on board a jetblue flight diverted because of a pilot's bizarre outburst. passengers describe a chaotic scene. the pilot ranting in the aisles about al-qaida, afghanistan and a bomb until finally several passengers restrained him. tom murphy was a passenger on that flight. he joins us now live on the phone. tom, what was your first indication that anything was wrong? >> well, the first indication that something was wrong was when i saw the pilot coming out of the cockpit and he was, you know, trying to break into the lavatory, the bathroom up front. there was a young lady actually in the bathroom at the time. it was very clear from also the reaction of either the stewardesses around him that there was something going on very, very wrong. jon: it's my understanding that he actually tried to open one of

the emergency doors in flight? >> i didn't see him trying to open one of the emergency doors myself, but, you know, what was really the -- there was a lot of miracles that happened in that flight. there was an extra pilot on the plane that the copilot managed to get, you know, into the cockpit, so they managed to get him out of the cockpit, secure the cockpit and get another pilot in. but the real, real tension, and a lot of you are seeing in the video that i shot was that, you know, when he barreled down this aisle and started pounding on the door, you know, and screaming, give me the codes, give me the codes, you know, let me inside the -- let me in, and then something about a bomb, and he's radically like punching the key pad, banging on the door. until he got pinned down -- even when he was pinned down it was

very, very violent, very scary, you know. but the reaction of the people in the plane were fantastic, nobody backed down. everybody was helpful, and, you know -- jon: when you see the pilot banking on the door your first thought must have been that somehow some bad guys com took over the flight. >> for a split second, it was, oh no, someone has control of the plane. this person was clearly looking like they were not -- actually one of the things, he directed a comment towards the people in the cockpit, because he said, roger give me the codes. he i think he said roger. he said a name, and give me the koeudz. when i heard, give me the codes, it didn't sound like terrorists at that time.

but very quickly right after that i heard -- it was either the stewardess or somebody say, subdue him. and that was it, everybody pounced on him. another very tense moment, though was the plane really started to descend very quickly, because they were going to do an emergency landing, and that was really a tense moment, until you're on the ground. we didn't really know at that point, does this person have a bomb in the plane. jon: stick with us for a minute. i want to bring into the conversation peter golds a former accident investigator with the national transportation safety board. peter he used the word that this pilot just snapped. does that happen very often? have you ever come across something like this? >> it happens very rare re. the reality is beinrarely. being a member of a flight crew can be attention-filled job.

pilots very rarely crack like this. jon: just to reassure the flying public, pilots have to get a medical examination every year up until the age of 40 and once they are past 40 it has to take place every six months, right. >> that's right. the flight crews are trained to assess their coworkers to make sure everyone is fit for duty. in this case i think some real applause ought to be directed towards the copilot. i mean he really acted professionally, and he acted in the best interests of that aircraft. jon: the cockpit voice recorder tapes a 30-minute loop of conversation, right? is there any chance we will hear the conversation in the cockpit that preceded all of this? >> it's unlikely you'll actually hear the tape, that is protected by law, but it's not unlikely that you'll get a transcript, for a description of what went on, because certainly investigators, both medical, accident, and law enforcement are going to want to know what

preceded this. and what tipped off the copilot. jon: yeah, because apparently the copilot somehow induced this guy to actually leave the cockpit. >> yeah, you know, pilots and flight crews, they use a technique called crm, cockpit resource management in which each member of the crew takes responsibility for the safety of the aircraft and step forward when they think that there is something going on that isn't right. this really is a pretty good, you know, example of how that can work to the best interests of everybody on board. jon: yeah, tom murphy, because there ever any kind of an announcement on the pa that told all the passengers what was going on? i'm sure the confusion must have been tremendous. >> there wasn't an announcement until really this was almost secured, let's call it. i can't say over. he was actually pinned down,

typed and the airplane was in decent. and even then they didn't say where we were landing, you know, we were just told, we are making a landing, you know, now, but one of the things, an incident like this looked like it happened in 2008 in a luftansa flight, a pilot had a mental break down and had to be pinned down. it sounded like a duplicate. one of the things, i don't know if it was brought up or not. this flight was to go to las vegas for two trade shows. there were a lot of people on the plane that were going to what is a security trade show. jon: oh, boy. >> the whole plane was stocked with, you know, people that were

in the security industry, and that's why a lot of those people who actually pinned that person, actually were professionals in being able to handle the situation. jon: people who knew what they were doing. tom murphy a passenger on that flight. thank you for your account. and peter goelz thank you for your expertise. jenna: i want to know what they get. do they get a free flight, some free blue potato chips? we'll let you know if we find out. the national average for a gallon of gas rising 19 days in a row heading closer to $4 a gallon. how high can it really go? charles payne from the fox business network is here from his crystal ball and take on the gas industry coming up. she's 18, he's 41. this former teacher just left his wife and his kids to live with his exstudent now girlfriend. nothing really illegal about it, but one state is trying to

change that. we have the full story coming up. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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jon: drivers nationwide are cringeing at gas prices make a run at $4 a gallon. some places over that. national average hitting 3.91. prices risen 19 straight days now. fox business network's charles payne is with us. it is said this is all about

the rising price of oil based on nervousness over the what iranians will do. is that still it, charles? >> that plays a role. talk to different experts that say that 10 cents to $25 in a barrel of oil. but you know, keep in mind, we're still well over $100. if you look where the highest prices are there are other reasons for it. a lot of refinery problems in the midwest that would explain michigan. would join the $4 club. chicago where they're fast approaching $5 a gallon. there are a whole lot of different issues switching from winter blend to summer blends. some of these we heap upon ourselves as well. jon: i know in hawaii they're up at 4.55 a gallon. overall nationwide up more than 30 cents over the last year. >> actually, we have been rocketing, here's the thing. most americans right now are spending over $4 a gallon. if you look at states where the big states, that

illinoises, michigans, californias, these are the large population centers and it is one of these things where something doesn't change, certainly it will start to have a dramatic impact on everything including this real fragile recovery that we're experiencing. jon: that will be the bad news. charles payne from fox business network, charles, thank you. >> thanks. jon:. >> a new push to criminalize relationships between teachers and students. inappropriate relationships that is. a 41-year-old man on the screen is former teacher, james hooker. he began sending thousands of text messages to jordan powers. she is on the screen when she was just 17 years old. when we turned 18, he left his wife and his three kids to move in with her. he claims their relationship did not get physical until she turned 18 making it a legal relationship. now, california is working to make that kind of relationship a felony regardless of the age.

but can you do that? can you actually outlaw a relationship between consenting, quote, adults? joey jackson is criminal defense attorney. jason friedman, a former prosecutor. a little background here. the mother, as anyone can imagine is outraged about this and her daughter. she says i have no legal recourse and i believe this teacher was setting my daughter up for this. and there is nothing i can do about it. first of all, is she right? is there no legal recourse at this point in time? >> well the answer is yes and no, right? that is the legal answer. here's the point, jenna. the point is if the daughter is consenting adult, there is a time this country recognized that listen, i'm an adult. that adult in california would be 18. when you're 18 you can consent to whatever relationship you would like. the larger issue whether they were indeed being set up, whether the teacher was setting up this girl, so that otherwise exploiting her so that he can, at some later stage in her life, when she was 18 engage in

this relationship. but at present we have to understand we can't legislate morality, very difficult to do. we can't legislate values, very difficult to do. we tried to legislate morality back in pro -- prohibition that said drink what you want in 1933. there were interracial marion rarges. supreme court spoke that to that decision mary whoever you want. the daughter is consenting adult. she decided at 18 wanted to be with this 41-year-old. he left his family. therefore is it is completely proper. it is consensual. we may not like it. this may be a value abhorrent to us, but legally it is legal. jenna: jason, your thoughts on this as well. the bill was rolled out on monday. here's what it says, if there is any communication between the teacher and student that is inappropriate, it would strip the teacher of pensions, retirement, everything. the teacher become as felon if they engage in a relationship like this, even with an 18-year-old.

do you agrow with joey, this doesn't really pass muster though? it is a bit of a slippery slope? >> it is a slippery slope but i disagree but it is in the purview of legislate ture to promulgate. 23 states have this law on the books. the whole purpose is to regulate the conduct of teenagers and our young people. states have that all the time with the age somebody can go to work. the age that somebody can get married and the whole basis and purpose of these laws is to the prevent the exploitation of children, young adults, the teenagers. here you have a very unique relationship in the student-teacher and you want to make sure that the teachers not exploiting that relationship with their students for their own gain. jenna: joey, brings up your point whether or not you look to the law to do that or look to values to make sure that is actually isn't happening. instill values to people whether they're professionals or students

whether they cross the line. the question becomes something like this law whether or not it would apply to other industries. besides teachers. >> well, that is the furtherest slippery slope, jenna. there are a lot of fiduciary relationships we call them. we have employers versus employ east. one is in position of authority over the other. you have coaches and players. reality at the end of the day you don't want anyone exploited to be sure. if there are minors involved certainly the law needs to get involved. jason spoke to that issue. with that i would agree. if there are minors there needs to be reasonable regulations that are rational that can protect you. when it comes to adult making sure who you want to be with and who you want to be with in your life the government has to part ways and let people make responsible decisions. if i want to be with a 41-year-old, so be it. >> not in the context after teacher-student. we want to preserve the sanctity of that relationship. jenna: jason, quick final thought. my mother was a teacher for a long time.

a she never text messaged any of her students or facebook. that is the new generation where some of the young irteachers are doing that. if you could advise the teaching profession, would you just advise ends if and all communication like even being seen as you as standoffish as a teacher and not connecting with your students? >> in this day and age that is excellent advice to give to teachers. you have to be aware of communications with your students will be perceived and more importantly how they could be perceived or spun by outside third parties. if they really, really want to engage in this relationship, the student and or teacher could transfer schools. they're 18 years old and they're consenting adults that is okay. when you're in the same school, the student-teacher relationship, the sanctity of that needs to be preserve and i think this is fair legislation to accomplish that goal. jenna: that is one of the things they say. the listen, the girl is no longer in school. yet to graduate. the gentleman is no longer teaching in that town. joey, jason, interesting conversation.

we look forward to having you both back. >> pleasure. >> thank you. jon: one of our chatters says he belongs in jail and she belongs in counseling. jenna: well, right now they're not in either. jon: strange story. fireworks set off causing panic a small town. we'll tell you what left people running for their lives. and, spicing up your heart health? how adding chillies to your diet could help you live longer. okay, team! after age 40, we can start losing muscle --

8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! jenna: drink or two-a-day may help mail heart attack victims live longer. that is according to a new study that says men who drink moderately can live longer than heavy drinkers and nondrinkers. john roberts is live from atlanta with the story. hi, john. >> reporter: good afternoon. the results of this research really surprising. in fact our dr. marc siegel of our fox news medical

a-team caught them astounding. what researchers found and young men and among men who drink a two beers a day or two four ounce grasses of wine today after they had a heart attack if they continue to drink the same moderate amount of alcohol they reduce the risk of dying of cardiovascular disease a whopping 42%. previously believed if a person has a heart attack they might want to stop drinking. but the researcher, says not only does this study show that people should not be discouraged from drinking but it may actually prolong their lives. but she did have this important caveat. listen. >> moderate alcohol consumption levels showed the maximum benefit. but greater than two drinks per day, there is excess risk of mortality. >> reporter: what is it that alcohol does in the body that helps the heart? it raises level of hdl or good cholesterol. it improves insulin sensitivity. you can better metabolize

sugar. decreases something calls, fibrinogen. that is clotting factor. those are good things for your heart. there are potential bad effects from alcohol for that reason dr. marc siegel of nyu langone medical center. for that reason, doctor are not ready to recommend that heart patients belly-up to the bar, at least not yet. >> i would say small amounts of alcohol are probably not dangerous and not only that, they probably have the some benefit in terms of circulation in the heart. this study is dramatic but this is not an invitation for people to start drinking. >> reporter: now keep this in mind because this is very important. researchers found what they call a u-shaped relationship. two drinks per day you're at the bottom. you. as you go above that you get the arm going up and you increase your risk actually of dying from cardiovascular disease. so two drinks per day for men they say. when it comes to women they can't extrap late completely accurately.

because of lighter weight in woman, about half that amount. jenna, looks like good news for people who are moderate drinkers today. jenna: men are always the lucky ones you know what? in this study or otherwise. two drinks for jon and me. i get it, john. important study. thank you for that. >> reporter: not until happy hour. jenna: not while on the hour. thank you, sir. jon: we'll talk to dr. siegel about another good thing for your heart. not alcohol, but spicy food believe it or not. jenna: sounds good. jon: stunning video coming into fox a commuter bus burst into flames with passengers on board. rick is working this story. we'll bring it to you next. 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.

jenna: dramatic video into fox news of a greyhound bus bursting into flames. rick, i guess the question is, anybody on that bus?

>> reporter: 26 people were onboard the bus, jenna. they're all okay. but the video as you said is dramatic. pretty crazy if you think about it. think about it. we have it up on the ipad to show you here. the back end of the bus is completely engulfed in flames. this greyhound bus on its way to l.a. didn't get there for obvious reasons. passengers not knowing what was going on at first. one guy said he smelled smoke. nobody else on the bus seemed worried about it. until people driving in cars passing by the bus on the highway, began to shout out to people on the bus, hey, your bus is on fire that they realized there was in fact a fire. the driver pulled over and these are pictures you see from outside of stock done -- stockton, california. everybody on board the bus got off okay. the bus though, not okay. the whole back end pretty much destroyed. there is an investigation going on, jenna, to find out exactly why this happened. jenna: sound like a good question, rick. thank you. jon: case in point as to why

there is no smoking allowed in the fireworks factory. seven miles outside bangkok, thailand a warehouse holding millions of small explosives goes up in a spectacular series of explosions and fireballs. bottle rockets, mortars shooting out of the building. small fires started nearby. no one was on duty at the time. no injuries were reported. jenna: from friend to foe, a new app on facebook let users make enemies on the social networking site. it is called the enemy grass facebook app. with one click you can identify all the things whether on line and real world you simply don't like. not only does the app let you add facebook friends to the enemy list, that is not very nice, it also lets you like pages groups, celebrities, et cetera. the creator says it is nice to bring people together if they have mutual dislikes. you about, you know, i can sense it could get a little

bit tenuous, jon. jon: mom would say, if you can't say anything nice, right? jenna: bullying things. jon: that's right. two major studies on diabetes, good news, but it is not a easy fix. plus, get this. spicy food. you think it is good for your heart? jenna: yeah. jon: dr. siegel is here to weigh in on both.

jon: a new study suggests gastric bypass surgery can help reverse and even cure type two diabetes. dr. marc siegl is a medical a teamer. this is the stomach staple surgery. >> absolutely, jon. one third of people in the united states are obese and # percent have a problem with diabetes. what is interesting, 5-10 million people have both problems, obesity and diabetes. let me tell you why, it's because the pancreas is a pump that pumps insulin. if you are obese you don't have enough receptors in

your body for that symptom. if you could simply lose weight you'd have more receptors available for the insulin and your sugar would go down, unfortunately, we can't seem to get people to lose the weight they need, no matter what we do, whether it's lifestyle, whether they're eating the wrong things, so literally, stapling the stomach, and there were two very, very powerful studies that came out this week, one in the new england journal of medicine, extremely well done, that showed that, jon, if you do the stomach stapling, you end up not even needing the medications that i can offer you to improve the diabetes. literally getting the stomach stapled decreased the amount of food you would eat to where the diabetes he'lles was controlled without medication. i'm not telling people to go for that as a first step but it's a great last step. if everything fails, if you can't lose weight and the medications i'm giving you aren't working, that's the way to go. jon: it is major surgery. doctor, we wanted to talk to you about spicey food being