administration. jenna: interesting, and we'll continue to watch that story. thank you very much for watching everybody. jon: "mark live" starts right now. megyn: fox news alert, a new twist in the showdown between the of the united states and u.s. judicial system. welcome to "america live", i'm megyn kelly, a briefing is scheduled to begin within the half hour, we expect press secretary jay carney to take questions on the president's repeated comments on the authority of the u.s. supreme court, the controversy first erupted on monday when president obama issued what sounded like a warning to the high court. he said it would be, quote, unprecedented for the justices which he -- who he recovered to as unelected to overturn a duly enacted law like his health care law. that caught the attention of the fifth circuit court of appeals, that's the level of courts that's right underneath the supreme court in this country, the appellate courts, the federal appellate courts, the fifth circuit down in

texas yesterday demanded an explanation of a doj attorney appearing before it >> i would like to have from you by thursday a letter stating what is the position of the attorney general and the department of justice in regard to the recent statements by the president stating specifically and in detail in reference to those statements what the authority is of the federal courts in this regard in terms of judicial review. that letter needs to be at least three pages, single space, no less, and it needs to be specific. it needs to make specific reference to the president's statements and to the, again, position of the attorney general and the department of justice. megyn: fox news anchor gregg jarrett is also an attorney and joins us now with more. hi gregg. >> megyn, get out your watches, your clocks, because the department of justice has 23 hours now to

explain whether the president and his administration do not believe that the federal courts have the right to judicial review of congressional acts which historically is a fundamental function of the courts. well, that testy exchange played out during a hearing over a separate challenge to the new health care law. take a listen: >> i'm referring to statements by the president in the past few days to the effect, and i'm sure you've heard about them, that it is somehow inappropriate for what he termed unelected judges to strike acts of congress that have enjoyed -- he was referring, of course, to omabacare -- to what he termed broad consensus and majorities in both houses of congress. that has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority or to the appropriateness of the concept of judicial review,

and that's not a small matter. >> reporter: no it's not. the appellate court was referring of course to the president's statement on monday in which he seemed to argue that the supreme court had no right or authority to strike down an act of congress. >> ultimately, i'm confident that the supreme court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress. >> reporter: of course reviewing the constitutionality of laws passed by congress is one of the primary duties of the high court, the very existence of its power indeed. the court has overturned congress and the president more than 160 times since the seminole case of march bury versus madison, 1803. well, the white house is now saying, well, when the

president said unprecedented he was referring to cases only involving a commerce clause but megyn, that doesn't really make sense, either, since the u.s. supreme court has overturned those cases. in fact as you pointed out yesterday, it's done so fairly recently. i've got the lopez case in front of me, 1995, that was a congress clause case, the high court overturned congress. megyn: morrison was decided later than that, in 2000, same thing 457d -- happened, different act. gregg, thank you. a few moments ago, attorney general eric holder addressed the controversy. it was his underling in the fifth circuit yesterday being addressed by that court. mr. holder says the justice department is formulating a response right now, and that it will be, quote, appropriate. >> what the president said a couple days ago was appropriate. he indicated that we obviously respect the decisions that courts make under our system of government, and since marbury versus madison, i

think it's back in 1803. courts have the final say on the constitutionality of statutes, but courts are also fairly deferential when it comes to overturning statutes that the duly elected representatives of the people, congress, pass. megyn: of course, all of this has sparked serious questions about the constitutional issues at play and whether the president is trying to influence this decision by the supreme court outside of the courtroom. attorney and radio host mark levin had this to say: >> see, the justices haven't issued a ruling yet. there's no formal decision yet. so i think the justices should understand, i think the justices should understand. he's trying to influence the outcome. megyn: he's quoting the president, i think the justices should understand, that's what president obama said. i will ask mark levin about from idea in a few moments

when he joins us live for a can't miss and extremely rare interview with us right here. well, we also have new developments today on a story that was breaking on this broadcast for almost an hour yesterday. folks from the dallas fort worth area, picking up the pieces now after twisters tore through at this time yesterday. check out this massive tornado, caught on tape. at least a dozen tornadoes, carving a path through what they called the metroplex, home to some 7 million people. the twisters, pummeling hundreds of homes, but warning sirens are credited with saving lives. take a look at the map. according to the national weather service, the red lines you see, those represent the possible tracks that some of the tornadoes took yesterday. look it, it's all over the place. adam housley, live now in arlington, texas with more. adam. >> reporter: megyn, that tornado system, that storm system continued into the night. we drove into the tail of it at 11:00 or so and it was still causing problems

towards houston. we're in arlington, between fort worth and dallas, this is one of the homes that got hit. these torpbd aves weren't sitting down and driving through the dirt like you've seen other tornadoes. these were hop scotching their way, coming down, going up, going across freeway, coming down again. you can see the debris, radios, fax machines, metal bars, you know, brooms, cans, all this stuff, flying through the air. bricks. this stuff was torn off the wall. this was covered in brick but it's no longer there. this was once the garage of the smith family. you can see where the edge of the tornado came through. the baby's room to the right is fine, the rest of the house got absolutely trashed. we're told most basements -- most parts of arlington didn't have basements but some neighbors went into the basement which saved their lives. one hundred sixty injuries, we're told. they're still assessing that. thankfully, only a few of them seriously. this is a woman we spoke to,

we spoke to her husband earlier in the day, this is her kitchen, totally blown out. they were at work and the baby thankfully wasn't here as well. when you see this, what are you thinking right now? >> i can't believe it. i honestly, i'm in shock, you know? i'm glad my baby count here, her room was in tact. i'm happy. >> reporter: it's amazing, it's almost like they cut a line through your house. the baby's room is fine and everywhere has stuff everywhere. >> it's completely gone. things that were in the kitchen i found in my bedroom. it's just -- it's insane. so i -- i -- really, i'm still kind of just in shock. >> reporter: right. good luck with everything and thankfully you guys are okay. i talked to your husband earlier and he said all it matters to me, my child, my wife, myself, we're all happy and healthy and the house can be replaced. megyn, some of the stuff was found a couple blocks away and a homeowner said i found insulation in my pool and it just gives you an idea of how the tornadoes were up

and down as they hop scotched and people had about a 15 minute warning, we're told. that's the main reason why people here they believe survived this situation. megyn: wow. adam, they. >> we -- thank you. >> we have more on the story with mark levin on whether the president is inappropriately trying to influence the supreme court ruling on health care. >> the case has been argued, it's been briefed, they're done, they're now in a period where they're making preliminary decisions, working it through, and he wants in on it. megyn: in three minutes, a very rare television event, mr. levin will join us live. don't miss that, right after the break. plus, two major media outlets, forced to do an about-face on the coverage of the tehran -- on the trayvon martin killing. we'll look at the fallout and bernie goldberg is here. >> the mega millions mess gets more bizarre. these are live pictures as

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megyn: fox news alert. we are awaiting the starting of the daily press briefing at the white house right now, the administration, facing a firestorm of questions over what president obama said about the u.s. supreme court when it comes to its decision over his health care law. now, the u.s. court of appeals for the fifth circuit, that's down in texas, is weighing in on the matter. demanding that the department of justice, which is arguing before the fifth circuit, in another case, challenging the health care law, to opine on the authority of the federal courts to review the federal laws. he wants to know, these judges do, do we have this right and the -- in the department of justice's view or do we not. here in part is what

president obama said that started this whole controversy on monday: >> for years, what we've heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint. that an unelected group of people would somehow overturn a duly stud and passed law. well, this is a good example and i'm pretty confident that this court will recognize that and not take that step. megyn: joining us now by phone, radio talk show host and constitutional attorney, mark levin, he's author of "ameritopia", the unmaking of america, not to -- not to mention the best selling "men in black" thank you for being here with us. >> my pleasure. megyn: the president came out -- the president came out and tried to soften the

remarks a little but stood by the notion that it would be extreme for the supreme court to strike down his health care law. i want to start with the unusualness of the president of the united states commenting on pending litigation in the way that he has, both on monday and tuesday and your thoughts on why he's doing that. >> well, you're exactly right. he's commenting on a case where he knows full well the justices are currently in the process of giving their own opinions to each other in their kho*eusered environment, they heard the president's lawyers in court, and the president is making comments after the fact -- there is no decision. it's one thing for a president to criticize the court and its decision, and its activism, so forth, once he has read the decision. there is no decision to read. what he's trying to do is influence and intimidate, because none of the points he made yesterday or the day before were even legal points. they were not even constitutional points. they were absurd points. mostly aimed at riling

people, getting people upset we have unelected judges. gee, that's been going on a long time. we've had unelected judges since what what, the adoption of the constitution? we want to adopt judges to do things the president loves every day. he knows many of them are unhraebgt dollars. that said this motion of -- notion of judicial activism, when a court upholds the constitution which is the job of a judge or a justice, that's not judicial activism. when they rewrite the constitution or go outside the constitution, and undertake activities of that sort that is judicial activism, but what this president is trying to do is get to these court members, particularly kennedy and let them know look, i'm going to unleash a war on you guy, if you don't rule the way that i like, this is just a taste of what you're going to get. that's why judge jerry -- jerry smith and other judges around the country said oh,

wait a minute, that case hasn't even been decided yet, there is no opinion, and we have a president of the united states, choosing political rhetoric, attacking justices. megyn: and jerry smith was with the fifth circuit that we were just discussing. let's talk about the supreme court, because the high court is one of the few, the last remaining body of government that still has a decent approval rating, the latest rasmussen reports poll earlier last month says that 72 percent of those polls at least have a fairview of the court or believe the decisions are fair, good or excellent, 72 percent. a lot better than the president and congress. is there risk in having the president of the united states criticize these nine justices in the way that he did on monday? >> well, what he's hope to go do i guess is knock down their poll numbers. everything obama does is political, and what's interesting is what's supposed to go on in that courtroom is not political. constitutional. legal, and precedential, i

guess he wants to knock them down 20, 30 points and talk about how they are denying the people the health care. what they are doing is constitutional, nothing more, nothing less, but if obama was concerned about unelected judges he should be concern about unelected epa administrators and cabinet secretaries because they're issuing all kinds of regulations. he even talks about the duly elected congress, several members of the senate, that's 60 democrats supermajority that voted for this were not elected, they were appointed, as a matter of fact. so even that doesn't make any sense, and judicial review, i mean, you know, judicial review honestly is an implied power. it's not specifically in the constitution. but it is settled law in this country, going back almost to the beginning. so judges and justices need to be very careful about how they apply it. in the -- and the primary thing they're supposed to do

is make sure they do their very best is to determine the original intent of the framers, what the language means, if they have to look behind it, they look behind it, but they're not trying to rejigger it, they're not trying to social engineer. and so that's what we mean by judicial review. and because this individual mandate has absolutely no precedent, absolutely no constitutional history behind it, obama is saying this is what i want and i'm warning you, before you write your opinion, you know, you folks need to understand that, you know -- and that is really exceptional. that's really extraordinary. megyn: could it have any effect? you say maybe it was aimed at justice kennedy, the swing vote. do you think it could have any effect on him? >> you know, it ought to have the opposite effect on him. this is an attack on the sanctity of a branch of government. it's one thing when president obama relentlessly attacks congress when he runs tra*uman, now he's trying to run fdr and attack the supreme court.

he's in full attack political mode and it's up to judges and justices like jerry smith on the fifth circuit and kennedy on the supreme court to say we're not going to stand for this, we're going to do this, regardless of what a temporary president has to say. what's upsetting this president is that the dirty work of the prior congress, which was thrown out by the american people, now we have a new congress, he wants that dirty work to stand, and if this supreme court strikes down the individual mandate or the entire omabacare bill, it goes to a different congress, doesn't it? it goes to one where the house is controlled by the republicans. so he is desperate to save this law or as much of it as he possibly can, and he's going to continue, i think, to politically attack the supreme court. megyn: mark levin points out he's a temporary president. of course our federal judges have lifetime appointments. there's a distinction between the length of service between the two groups. mark, thank you very much

for being here. >> god bless, thank you very much, you take care. megyn: you too, see you soon. we're taking your thoughts on it right now, follow me, twitter me, megyn kelly, let me know what you think and we'll debate this, coming up in the 2:00 hour. first they said the ear bud head phones will make you deaf and now doctors have put out new warnings for ipad users. we'll show you why after this break. plus an ugly new twist in the fight between the self-proclaimed toughest sheriff and department of justice, sheriff joe arpaio joins us live, just ahead. >> president obama and the band of his merry men may as well erect their own pink neon sign at the arizona-mexico -- arizona-mexico border saying welcome all illegals to your united states, our home is your home. let's see what you got.

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megyn: well, a new warning from doctors about popular gadgets like the ipad, they say more young people are coming to them with eye problems, the doctors do, that until recently were only common in older patients. trace gallagher has more from the west coast newsroom. what are we doing to our eyes! >> reporter: get this, the kaiser family foundation says that 8-18-year-olds spend an average, an average, of 7 1/2 hours a day in front of electronic media and because of that, they're getting dry eye. dry eye is normally something you only see in people over the age of 50. it happens when your eyes get kind of red and itchy and inflamed. well now you stare at that screen and the problem is you stare at the screen for so long you focus so much on the electronic device, you forget to blink. normally, you blink like

12-15 times per minute. if you're on a cell phone or a computer, doctors say you only blink like seven times, maybe eight at the most, and the tear film that lubri indicates your eye doesn't mark. -- work. here's dr. marc siegl. >> this is something we got to nip in the bud at a young page. -- age. it probably doesn't become a health problem until over the age of 50 in most cases but this whole culture, my kids sitting next to each other or texting or face book, they don't look at each other. people are not looking at each other. we have to nip this in the bud with our teens. >> reporter: forget looking up, right? they don't even look at each other! the doctor says there is things you can do to mitigate this, you can, one, focus less on the screen and look out in the distance every once in a while, use those fake tears or here's a novel concept, you can back away from the screen for 7 1/2 hours a day and maybe cut it to three! megyn: this is what i'm going to do when my kids get old enough, honey, are you

blinking? don't forget to blink! i don't see blinking! little a little like when somebody yawns and you catch it. like somebody mentions blinks, suddenly i'm conscious of how many times i'm blinking. are you doing that at home right now, how many times and i blinking! it's like breathing, you do it without thinking until somebody puts it in your head. coming up, media coverage of the trayvon martin case, just in the last 48 hours, not one but two major networks making big changes in reports that they offered on the accused shooter george zimmerman. bernie goldberg joins us live with the latest. plus, the president yesterday ripped down the budget plan -- ripped on the budget plan from congressman paul ryan but did he know that some of the claims about the budget were flatly untrue -- untrue? we'll have a fair and balanced debate next. >> this congressional budget is something all together, this is a trojan horse

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megyn: 1:31 here in the east, president obama unleashing a scathing attack on the budget proposed by keuz congress -- wisconsin congressman paul ryan, a republican but today there

are questions about the accuracy of the president's talking points. jim angle has more live from washington. jim. >> reporter: hello megyn. well, as you said, the obama ripped into the republican budget authored by paul ryan but went much further than just disagreeing it, he painted a picture of cruel cuts to critical programs. >> the year after next, nearly 10 million college students would see their financial aid cut by an average of more than $1000 each. >> reporter: the president went on from there, 2 million mothers and young children would be cut from a program offering healthy food, hundreds of national parks, forced to close all or part of the year, cuts to the faa would result in flight cancellation, he said, even the complete elimination of air traffic control in parts of the country, even weather forecasts would suffer, he charged, saying that governors would be unable to get enough information to issue hurricane evacuation orders in time. >> all of these claims are false because they're making

assumptions about our budget that aren't true, that aren't in our budget, in order to have these kinds of talking points, in order to try and scare people with these points. >> >> reporter: now nevertheless, mr. obama insisted their characterizations were accurate. >> this is not conjecture. i am not exaggerating. these are facts. >> not exaggerating, he's distorting. the idea that the republican plan is planning to shut down air traffic and pave over the national parks and return to sort of laissez-faire no regulation economy, it's ridiculous, really. >> reporter: the president acknowledged megyn there was a slight of hand here saying in passing that the reductions if applied evenly would lead to the distasteful cuts he described meaning he was assuming across the board cuts, but the cuts he mentioned are not part of the ryan budget. the ryan budget would cut

35-$40 billion a year out of $1.2 trillion in discretionary spending this year, about a 4 percent cut. hardly the social darwinism the president was suggesting megyn: angel, thank you! joining me to discuss it, monica crowley, radio talk show host and salary kohn. that's the kind of thing where people scratch their head about what's true or not. let me pick up on that last point, sally, the president saying if the cuts were applied across the board but they're not being proposed to be cut across the board according to what he said. >> the president was simply doing the math that paul ryan hasn't done, so he said i'm going to make these huge cuts and i'm not going to tell you where i'm going to make them until later, so that leaves everyone to sort of say well, huh, that's funny, he's been very specific about the billions he wants to give to millionaires and billionaires in tax handoffs but he's been vague about where he's going to make the cuts and the president was doing math and saying if

these are across the board cuts this is where it's going to happen and it's clear matt. it says we're going to give billions of tax breaks, disproportionately to millionaires and billionaires and have those tax breaks paid for on the backs of working people, middle class and seniors. that's math. that's not misrepresentation. megyn: are these scare tactics? >> of course, this is the standard m.o. of the left, this is what barack obama has been about all along, class warfare and dividing americans in order to score political points. megyn:by need -- we need air traffic controllers. >> i know but that's not what ryan's budget is about. megyn: he hates air traffic controllers! >> this is a brilliant man, he knows better than this. this is demagoguing the issue whereas the president has refused to take the reigns on spending and on the debt, he has zero credibility on those issues and in particular on entitlement reform, on medicare, on medicaid, on the big budget monsters that paul ryan and the -- >> megyn: aboutel that's one thing but the president is really scaring people with

those -- if that's true, people are going to get scared, talking about mothers and baby, he went on to talk about kids with autism, down's syndrome not getting helped. the list of long. it's not just the air traffic controllers. >> when the president is trying to do is humanize government and make clear when people talk about slashing government they're not talking about things outside of themselves, they're talking about police, schools, highways, and let's be clear, you want to take it out of partisan politics, the congressional budget office at paul ryan's request did their scoring of his proposal and said that in effect, by 2050, there would be no government except for social security and the defense sector. for a small minority of people, that may be fine, but for a majority of -- majority of americans who know our prosperity was built yes on our own hard work but also on the things that made it possible, public schools and highways, and all of the infrastructure that helps business succeed, they don't want to see air traffic controllers -- >> but the question is the united states cannot go on

spending at these levels. we are already at 100 percent get to gdp ratio. we cannot go on like this. this president, democrats have added $5 trillion to the national debt in the last 3 1/2 years. unless we do something to reign in the size of government, reign in spending and reign in the big budget monsters, social security, medicare and medicaid, reform them in order to save them those programs aren't going to be there and this country is going to implode in a way that is going to make greece looks like child's play. >> i agree we have to do something about it but number one, the majority of americans are not concerned about the debt, they're tkerpbd about jobs. they want to see jobs. >> but that's -- hang on. >> they are concerned about -- >> megyn: hang on. one of the reasons this rows is because of spending and the debt. >> the majority of americans, over 75 percent, including the majority of republicans, want to see taxes raised on the rich as opposed to cuts. what paul ryan has done is said you want to get entitlements and decifits under control, that's a great plan.

that's not what his budget does. it literally cuts from poor people. >> and doesn't help the decifit. >> look, what paul ryan is doing is laying out a long term vision for trying to reform government in all of its aspects. it does mean reigning in discretionary spending, making hard choices on entitlements like social security, medicare and medicaid and other things, food stamps programs, in order to reign in spending, because it can't go on this long and when the democrats continue to focus on the class warfare, taxing millionaires and billionaires, that doesn't solve the problem because even if you were to confiscate everything that millionaires and billionaires have in assets that would fund the government for a couple of days. >> megyn: would you it -- but it would make them feel better. got to go. thank you both so much. >> thank you. hig mig in the last 48 hours, two major media outlets have been forced to make major changes to their reports after critics slammed their coverage of the trayvon martin killing. in three minutes, bernie

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8% every 10 years.age 40, we can start losing muscle -- 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! megyn: well, significant new developments surrounding media reporting on the shooting death of florida teen travon martin, two major news networks updating and with in one case apologizing for their reports after critics slammed their coverage of the martin shooting and the

coverage of the accused shooter, george zimmerman. trace gallagher has the latest from the west coast newsroom. >> reporter: let's begin with nbc's reporting of george zimmerman's call to dispatch in the moments before trayvon martin was shot. i'm going to play you the actual conversation. it runs 13 seconds. listen: >> this guy looks like he's up to no good or he's on drugs or something. it's raining, he's just walking around, looking about. >> okay. this guy, is he black, white or hispanic? >> he looks black. >> reporter: now i'm going to play you the nbc version that ran a number of times, the same conversation, this one runs six seconds. listen: >> this guy looks like he's up to no good. he looks black. >> reporter: very much shorter. the critics say the editing was unfair to both zimmerman and to the truth. nbc launched an internal investigation and found that in fact it was a mistake. they've apologized, saying, quote, during our

investigation, it became evident that there was an error made in the production poises that we deeply regret. we will be taking the necessary steps to prevent this from happening in the future, and apologize to our viewers. now to abc. last week, abc news broke the story of the surveillance video that shows george zimmerman being brought in to the police station, saying and i'm quoting here, we have gone over that tape multiple times, there is no blood on his face, the back of his head, or his shirt. going on to say, we spoke to trayvon martin's family last night and they told us that this is the smoking gun. now abc says it has the video and has been clarified by a forensics company and they say it shows injuries to the back of his head, but it's very important to point out that even without the forensic clarification, this video megyn runs six minutes and ten seconds and all the while, you can see from the nine different camera angles that in fact there are police looking at the back

of george zimmerman's head, and even there's a picture of them looking closer at it, but that part was never in any of the reporting. it's also important to point out that the police report states very clearly at the time they got to the scene, that george zimmerman had blood on his face, the back of his head, as well as grass clippings on the back of his jacket. megyn. megyn: trace, thank you. well, our next guest says there is a superheated level of political coverage on this case. joining me now, fox news analyst bernie goldberg, thank you very much for being back with us. let's start -- you know, all news organizations make mistakes and we've made mistakes and it's unfortunate when you do it and the best you can do is come out and creed it and say we made a mistake and we apologize but do you think that is sufficient in this case? >> no, i don't. nbc news and all other news organizations look down everybody's throat and they do it for a living. they look down the throat of politicians, of the

military, of educator, of -- educators, of people in sports. that's what they do. but here, nbc news, which ran an egregious, an egregious, 911 tape, with that editing, and all they say was a mistake was made. it's interesting, they use the passive voice, a mistake was made. that's not enough. i want to know how it was made. if they don't want to kpwoeurs the person by giving us a name, fair enough, but i want to know, how did this happen. that's not asking too much. because there's a possibility, megyn, that it wasn't a mistake at all, that somebody did it intentionally. i don't know that that's the case, but it's certainly a possibility. megyn: they haven't spoken to that exactly. i mean, they haven't told us whether it was an editor who was told make the sound bite ten seconds less for time or someone making an editorial decision they now regret. in the case of abc news and the surveillance video, the mistake was to characterize the video, i suppose.

the video speaks for itself, when you have the news person characterizing the video saying it doesn't show this or it does show that you can get in some trouble. >> yes. and that's right -- that's right. on the bigger point that you're alluding to, you can get into trouble when you have this rush to judgment. look, i'm willing to accept, and i think this is important to state early on, white people and black people don't always see the same thing the same way. we have different experiences, especially with powerful institutions like the police and the courts. so that, i understand. but the fact is that no matter what your race and no matter what your politics, none of us knows what happened that night and that's why not rushing to judgment would be a good idea, but that's not what's happened in the moo had in -- happened in the media. the new"the new york times" givs space on its op-ed space to an african-american author the other day who says trayvon martin was shot in

cold blood. he has no way of knowing that. and given that in cold blood means ruthlessly and without emeetings, he certainly has no way of knowing that. but that runs. then in congress, it isn't just the media, you have one congresswoman saying it was a modern day lynching, what happened in sanford. you have another congresswoman saying he was hunted down like a rabid dog. well, if george zimmerman did something wrong, he should be punished. i want to make that clear. if he did something wrong, he should be punished. but what if the investigation or later on down the road, a jury, says he's not guilty? what then? megyn: how did we get from -- bernie, how did we get from this case, which initially wasn't getting enough coverage, then was brought into the national eye, and people rightly started to ask questions about whether charges were appropriate or not, and that was an appropriate thing to do, and to discuss whether there were indications as to

this being mishandled by police or the local d.a., to the national firestorm and media firestorm that it is now and the left and the right choosing sides? >> yeah, everybody is choosing sides. first of all you made a very important point, and it's worth repeating. the media did a good job in the beginning. because otherwise, this whole thing may have been no story at all and we wouldn't have known anything, and if some kind of wrong was committed we might not have ever known about it. so the media did a good thing by reporting this in the beginning. but then, as you rightly say, it went from that into this feeding frenzy, where everybody is taking sides, and look, we can't pretend that the major -- that the biggest single factor in all of this had to do with america's most sensitive subject, which is race. you know, we've talked about this before. if this were black on black,

it wouldn't get any attention in the national media and if it were black on white, it wouldn't get any attention in the national media. so it was, to use the cliche, a perfect storm. people jumped to conclusions and it's not just troubling that they're jumping to conclusions. these congress people and the op-ed in the "new york times" and nbc news and abc news. -- news. it isn't just troubling. it's dangerous. because if it turns out, as i hinted before, that he did nothing wrong, and i say if, how could you accept a national guilty verdict? how in the world can you accept a not guilty verdict if you've been told that he was hunted down like a rabid dog and shot in cold blood? megyn: and that little -- the local prosecutor who's been appointed to take a look at this is under a lot of pressure, too. bernie, thank you as always for your insight, sir. >> thanks megyn. megyn: all the best. new developments in the showdown between the obama administration and our

judicial system, sparked when president obama issued what sounded like a warning to the high court and its ruling on the health care law. we are expecting new reaction from the white house in moments. when that happens, we'll bring it to you.

megyn: okay, we are hearing concerns today about the growing trend of police departments tracking you from your cell phone. sometimes without a warrant. and now we're also hearing the phone companies are making big bucks off of watching what you do. peter doocy, live from washington. peter? error reporter and ph*elgin, you can learn a lot about a person by looking at a list or map of everywhere he or she has been for a few weeks or months or years. that's information someone would have if they tracked your cell phone, and the

american civil liberties union is outraged, because they say out of 200 police departments who responded to their survey, all but ten tracked cell phones and many who do do not always use warrants. >> the most disturbing finding of our study is that law enforcement agents frequently track the locations of cell phones without getting a warrant based on probable cause, where someone goes can reveal a great deal of information about them, from who all of their friends are to what medical professionals they visit to what political organizations they join. >> reporter: but law enforcement agencies say that pinpointing someone's phone can save their life and the apex north carolina police chief singled out by the aclu said that we had only used cell phone data to try and locate reported missing persons during active cases where there was a concern for the missing persons welfare, the basis for use is the reasonable belief that the one missing is endangered due to the

then circumstances revealed in an investigation and the aclu also got their hands on more records showing that phone companies are profiting off the tracking by charging carriers -- rather by charging police for this information. only one carrier, at&t, got back to us, they say they do not sell your personal information to anyone for any reason, period. megyn: peter, thank you. well, we are awaiting new developments in the showdown between the obama administration and our judicial system. we're expecting new reaction from the white house on the controversy just moments from right now. the breaking news, right after this break. plus, there has been a dramatic turn in the showdown between arizona sheriff joe arpaio and the department of justice. sheriff joe joins us live on why it appears they're going to court. 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor.

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megyn: we are awaiting the daily

press briefing at the white house and we are expecting new reaction on the latest developments in the president's high-stakes showdown with the federal courts. i'm megyn kelly. this controversy first erupted monday when the president issued what sounds like a warning to the u.s. supreme court before it initial youd a decision on the healthcare law. he says it would be unpress don't for the justices for the justices who he referred to as unelected to overturn a duly enacted law like the healthcare law. that caught the attention of the fifth circuit coast appeals which in connection with another case in which the healthcare laugh is being challenged yesterday asked of an attorney general's emissary an explanation. that's what they wanted. bret baier last night on special report challenged the press secretary on this issue. >> of course we believe the

supreme court has and the courts have as their duty and responsibility the ability of striking down laws that are unconstitutional. but the president was talking about the precedent under the commerce clause represented by the dually elected legislatures to address challenges to our national economy. that's certainly what healthcare represents. megyn: , joining us chris stirewalt. chris, what's going on here? >> the president is underway with his reelection campaign in full swing as we heard in his comments about the relationship can budget proposals. they are out of the gate. but they are having a rough start. the president in this new more combative aggressive tone that he's looking to strike erred here and got himself in trouble. even folks on the left said it's not wise to look like you are trying to intimidate the supreme

court. as you saw in that contentious interview between jay carney and bret baier, this is not a subject that the administration at the white house likes talking about or feels comfortable talking about. megyn: the president had to dial it back a little because what he said monday was just factually wrong. there is no question that the federal courts have the ability to review and strike down laws. that's what they do all the time. it's what the president has asked the courts to do with respect to numerous pieces of legislation. so so overstepped monday. do you believer that was intentional? an attempt to gin up sentiments about what he may expect to be an unfavorable rule knowledge and he just got carried away? >> i think that's definitely part of it. he's trying to lay down a predicate if his signature legislation is struck down or essentially undone by the

supreme court he will be able to say these people are violating precedent and violating everything else, these unelected people trying to take away the health insurance i was trying to give you. but in the process of doing so 0 he crossed the line that we have always understood or at least for a couple of centuries understood in the united states that the executive branch generally tries to leave unmolested the judicial branch. they depend on the good offices of the executive to do that. >> the department of justice will be responding to the request for a letter, and i would simply refer you to what the president said and what the attorney general said that of course the supreme court and the federal courts have as their point the right to rule on the constitutionality of laws passed

by congress. the president made clear yesterday in his answer to a question that that is what he absolutely believes. what the president said both yesterday and the day before was -- what he did was make an unremarkable observation about 80 years of supreme court history. since the 1930s, the supreme court has without exception deferred to congress when it comes to congress' authority to pass legislation to regulate matters of national economic importance such as healthcare. 80 years plus. that is an observation and not a particularly remarkable one. it is a statement of fact. an also expressed his faith that the supreme court would keep to that 85-year history of judicious precedent and uphold

the constitutionality of the affordable care act. yes? >> some of the president's remarks about the healthcare has been interpreted as challenging or putting pressure on the court ahead of its decision. would you speak to that and why not allow the court to reach the decision -- >> the president was asked a question and responded to it. secondly as i just said. he made an observation about why he believes that -- first of all that he believes the affordable care act is constitutional. why he believes it's constitutional and why he believes that the supreme court will in keeping with 80-plus years of judicious precedent and supreme court precedent will defer to congress on its authority to pass legislation to regulate issues of national economic importance like our

healthcare system. that is the reverse of intimidation. he's simply make an observation about precedent and he expects the court to adhere to that precedent. it's up to the court as he made clear yesterday, up to the court to make its determination and we'll wait and see what the court does. i guess you could argue that circuit court judges who ruled on this were trying to intimidator influence the court when they issues opinions including conservative judges on the court of appeals, when they issues opinions that the affordable care act is constitutional and entirely constitutional in keeping with 80-plus years of judicious precedent. megyn: there you have it. dipped in just at the right time. some extraordinary comments suggesting that the argument is in 80-plus years of judicious

precedent the high court has not struck down an attempt by congress to regulate an economic matter. they are parsing words. because the supreme court in 1995 and 2000 as recently as 2000 has struck down a law passed by congress pursuant to its powers under the commerce clause which are exactly what's at issue in this case saying that congress overstepped its bounds. one was an attempt to regulate violence against women and allow civil claims, one was an attempt to regulate guns in a school zone. congress said they affect congress we can regulate them. the court said you have gone too far. they are parsing words saying it's an attempt to regulate a purely economic matter. >> on that one you say parsing, i say crawfish. they are willing backwards and trying to make -- to complicate stan cloud the issue and saying the president was short harngd

something else. the other part that was extraordinary, when the president made his initial criticism and he compared himself to conservative commentators. there you shared jay carney comparing the president to circuit judges. no offense to charles krauthammer and no offense to any of the circuit judges in the country. but they are not the president of the united states. and the issue here and what that report was asking about and what we are talking about here that's so important is the separation of powers. the chief magistrate. the cleave executive of the united states respecting the process of the court and not interfering with it as they go forward. what carney is trying to do and what the president tried to do in his first remarks is set a lower bar for the president in terms of getting involved. megyn: it is a fact that

conservatives believe judicial activism is the invention of law from the bench. they believe cases like roe versus wade is the invention of law that they don't believe appear in the constitution. liberals believe judicial activism is strike down laws passed by a congress. the president seemed to suggest conservatives had taken the liberal view and it would be inconsistent for them to support overturning of the healthcare law. it wasn't exactly ams to oranges. chris stirewalt, thank you. a fox news alert in the latest in a horrific school shooting at a small christian college. we are awaiting the arraignment of the suspected gunman. he's accused of killing 7 people. here is the mugshot. all of those folks killed at point blank range according to the authorities. as we are learning new details about what may have fueled the murderous rampage we are also hearing from one of the victim's

family. >> reporter: . he will be arraigned on 7 counts of murder, three counts of attempted murder and a number of other criminal charges. police are still searching a nearby waterway looking for the murder weapon. a semi-automatic handgun that was reload at least once during the rampage. he told police he got rid of the gun. monday when he couldn't find the school administrator who was his intended target, evan comely opened fire killing six student and an office secretary. relatives say they don't know how to tell their 4-year-old son that his mother is never coming home. six of the 7 victims were women.

school officials say goh had trouble adjusting to a college where most of the students were women and he often talked about violence. he said he was english after being teased about his english. but according to a former neighbor his english was good. megyn: we have breaking news in a law enforcement showdown that includes accusations of racial profiling. talks just broke down between the department of justice and the self-proclaimed toughest sheriff in america. plus the mcdonald's mega millions mess getting messier. the alleged winner says she hid her ticket in the mcdonald's. she says it's there right now. now her lawyer is speaking out. the stakes could not be higher. so what is going to happen here? "kelly's court" takes up the case.

>> i have not seen the ticket nor do i want to see the ticket. as a lawyer my obligation is to my client to defend her and make sure she is safe and that the things that are falling around her are handled in a way that is reasonable and safe for her and her children. [ kate ] most women may not be properly absorbing 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.

that's why my doctor recommends citracal maximum. we have two car insurances that we're going to have you taste. the first one we're going to call x. go ahead and take a sip, and then let me know what the baby thinks of it. four million drivers switched to this car insurance last year. oh, she likes it babies' palates are very sensitive so she's probably tasting the low rates. this is car insurance y, they've been losing customers pretty quickly. oh my gosh, that's horrible!, which would you choose? geico. over their competitor. do you want to finish it? no. does the baby want to finish it? no. [ crunches ] mmm. ♪

♪ ♪ ♪ [ male announcer ] pringles... bursting with more flavor. [ crunch! ] megyn: there was a twist in the showdown between the departments of justice and sheriff arpaio of arizona. he makes his inmates wear pink. he used chain gangs and the justice department alleges he engages in racial profiling. a charge it sheriff denies. after months of back and forth. the sheriff says he's not going to allow an independent monitor. negotiations are off and they are heading to court.

joining us now, sheriff joe arpaio. you have been engaged in a long discussion with the doj. they made these allegations, you denied them. you have been trying to negotiate something. they said anything we negotiate in terms of changing this independent monitor has to oversee them in your office to make sure it's legit. why is that a deal breaker for you? >> i'm the legitimate shaffer. i report to the 4 million people in this county. and i'm not going to be controlled by the federal government because they don't like the way i enforce the illegal immigration laws. and it's interesting that they are cracking down right now. i presume we are in an election year. they started this 3 1/2 years ago. 100 days after obama took office they went after me. i'm their poster boy. but i'll tell you what.

megyn: it started under president bush. >> it did not. it started under obama. it was the obama administration that started the investigation. they can get all the hype they want for political reasons. but i try to negotiate. i spent 50 years in law enforcement, many years as a top law enforcement official with the department of justice sow i would like to get this over with. but they don't want it. they want to take me to court for political reasons. you know what i say? i'll be glad to go to court. they will have to put the facts on the table which they refuse to give me any information of so-called allegations. megyn: they say that their findings show latino drivers are 4-9 times more likely to be stopped which your officers. once they are taken to jail, they are punished if they fail to understand commands in english.

they are denied basic services like new clothes. they want an independent monitor to be there to make sure it doesn't happen again. >> this monitor -- they want the feds to control everything i do. first all, why don't they 5 us the information that they say they have on a 22-page report. that's all they did and went public with it in december 15. why don't they give us the information so we can tell them what the true story is, that we have rectified some of the problem. they don't want to tell them. we have given them millions of pangs of document. this is a one-way street with them. they want to take me to court to send a message. and they have been investigating 20 other departments recently, the civil rights unit and the department of justice. i just try to do my job. megyn: i know you think the timing of this smacks of political motivation since we are in an election year. but i want to ask you, they seem

to be suggesting the thing making the negotiations break down is your -- this is their characterization -- your sudden objection to having this independent monitor, something that you hadn't objected to before so they think it's you making the conflict come to an end. >> that is garbage. i publicly in the past said i will never give in to control by the federal government. that is false which many other statement they make are false. that's not true. megyn: where do you see this ending, sheriff? >> i don't know. if we go to court within that's great. then we'll see the true story come out. quite frankly i don't think they want to go to court. they don't have the evidence. so we'll see. is this a poker game? they want to go to court, we'll be glad to meet them in court. megyn: sheriff joe arpaio, thank you, sir. >> thank you. megyn: new developments in the showdown between president obama and our federal judges.

we are getting new reaction to the comments president obama made monday questioning the authority of the high court. the two constitutional scholars who walked us through last week's constitutional arguments. pull up your pants. students can no longer wear them in an offensive manner. but who will decide what's offensive? [ male announcer ] this is coach parker... whose non-stop day starts with back pain... and a choice. take advil no and maybe up to four in a day.

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megyn: a brand-new bill in tennessee forcing students to hike up the pants.

the law states pants cannot be worn in any way that shows underwear or body parts in an offensive manner. >> reporter: tennessee lawmakers tried to pass this thing before. but the old law had a ruler rule. they would see how much of your underwear was showing. this time ruler rule is out. tennessee lawmakers passed this thing overwhelmingly that says it is indecent to show big amounts of underwear or skin for that matter kind of like that. that's what they are saying. megyn: his butt is hangouts of his pants. >> reporter: this time lawmakers are leaving the punishment up to the various school districts. some student say they applaud it. some are mixed.

listen. >> i think people should take into consideration, we don't want to see your underwear. >> reporter: one student said just grownups making more laws. gonna break them anyway. if the governor signs it it will become law by july 1 in tennessee. megyn: i don't know about that, trace. back in my day we covered our bottoms. >> reporter: back in your days it was the nuns checking the hem line on the skirt. megyn: i was in high school in the 80s. we were in palmetto jeans. we were wearing our sneakers laced upside down. sweaters with the pearled tied in the knots. bonjovi. camaros. okay. i'm in the middle of a

broadcast. see ya, trace. coming up a new twist in the mega millions ticket fiasco. the alleged winner said she has hidden her ticket in a safe place. the very mcdonald where she works. her lawyer in the midst of all this holds a news conference and wait until you hear what he says that may not be so helpful for her claim in "kelly's court." we are live at the new york auto show with the hot lu lincoln, plus a virtual test drive. we have reaction from the white house. two constitutional scholars who have walked us through the constitutional arguments from the beginning will react to the controversy involving a circuit court. hear it all three minutes away. >> i'm confident the supreme court will not take what would

be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress. wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8.

megyn: 2:30 in the east. the accused mastermind behind the september 11 terrorist

attacks facing a death trial. the new ceo of yahoo slashing 2,000 jobs. promising to save the struggling internet company. the first of four satellite missions to be launched this year. a new twist in the showdown between president obama and the courts. yesterday on "america live" you saw the president ease away slightly from comments he made monday suggesting the supreme court made up of what he called unelected individuals should not overturn laws passed by congress, a group of dually elected the representatives. he says to do so would be unprecedented. as that was happening the fifth circuit coast appeals in texas was taking the department justice to task. assign a doj attorney a little

homework assignment. he was referring of course to obama-care to what he termed a broad consensus and majorities in both houses of congress. that has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority or to the

appropriateness of the concept of judicial review. that's not a small matter. i would like to have from you by noon on thursday. that's about 48 hours from now, a letter stating what is the position of the attorney general and the department of justice in regard to the recent statements of the president stating specifically and in detail in reference to those statement what the authority is of the federal courts in this regard in terms of judicial review. that letter needs to be at least three pages single space, no less, and it needs to be specific. megyn: that doesn't happen every day. joining me to discuss it, julian epstein. also jay he sekulow has argued 12 times before the high court.

do we agree that doesn't happen every day? >> it sure doesn't. megyn: now some are saying the circuit panel was out of line. and it was the one judge who asked the doj attorney to submit that letter acknowledging the court, ability to review the law. but all three judges signed off on the order. was the fifth circuit out of line? >> absolutely not. when the president makes a statement, the department of justice is representing the president's position. the president of the united states says it's an acts of judicial activism if the court declares a law unconstitutional. i think they asked a legitimate question. she didn't say of course you can strike it down. she started talking about severability issues. i think there is no doubt that the president's statements have aggravated a lot of federal

judges, and within legal circles it has been a constant commentary. at the end of the kay the president is trying to pull back some of those statements. but he's publicly challenging the supreme court of the united states, admonishing them if they rule the wrong way in his view that they are judicial activists. guess what, that's exactly what the president has done it was a calculated move. the problem is it's backfiring much like their arguments last week. megyn: i felt bad for that department of justice attorney. it's like the president has said one thing. she knows what the law is which is not the same thing the president said. that's very awkward for her. here is the thing that jumped out at me as a lawyer. we go on dangerous ground when we start attacking the supreme court and referring to them as unelected and it would be

unpress don't and trying to gin up public sentiment against the high court. do you agree it' important for the president to make sure the public has trust in that body? >> yes, i think it is. and i think this statement has been mischaracterized. i think the word unelected was unfortunate. no one is questioning whether the supreme court is the final arbiter on these decisions. he's doing what a lot of conservatives have done for decades which is pushing back on the courts when he feels the courts are taking positions counter manning the will of democratic majorities state or federal. megyn: they haven't done anything yet. >> to finish the point. i think what he's arguing is not the fact that the supreme court if they were to overturn or declare unconstitutional the law would be unprecedented. i think he's saying the

argument, that the dead beats in the system that the mandate regulates. ' the argument that that does not impact interstate commerce, that would be an unprecedented narrow reading of the commerce clause. >> that's not what he said. megyn: i have it right here. here is exactly what he said. ultimately i'm confident the supreme court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress. >> then he talks about unelected judges doing it. if you and i are making comments about a case that's one thing. you call it judicial activism that's different. this is the president of the united states who for the second time in his career is publicly chastising the supreme court of the united states. that is the president forgetting there is separation of powers.

it is the judiciary a coequal branch of government. it was a bad week for them last week at the supreme court and the president's statements have just made it worse. how the decision comes out, the on ones who know that are the justices working on the opinions. >> jay, you are parsing. the president went on to say what is unprecedented would be the interpretation. this narrow interpretation of the commerce clause. >> that's not what he said,. megyn: the next day he did. >> thee prestigious conservative judges. charles freid, jeffrey sutton say this is clearly within the commerce clause. the point he was getting at, a particularly narrow reading -- megyn: jay, i understand, i understand. >> not the question as to whether the supreme court is the

final arbiter. megyn: we have been talking about it for an hour and a half, his clarification he attempted. i'm talking about it would be unprecedented for the court strike down an act of commerce passed you can the commerce clause to regulate economic activity. we have been talking about these two cases lopez and moreo -- morrison. were those not more recent cases of the court striking down the commerce clause? >> with due respect to the presidency and the president, he brought this upon himself by publicly chastising the supreme court's role in determining the constitutionality of an act of congress that has been established since marbury versus madison. if you look at recent cases they have struck down cases as

unconstitutional violating the commerce clause. for the president of the united states to make this now all about the justices of the supreme court saying unelected judges -- i find that particularly offensive, not fit was coming from julian or coming from me or another commentator. by certainly don't expect that out of the president of the united states. i would be careful using that language. megyn: i want to tell our viewers. all federal judges are unelected. they are all appointed. they have lifetime appointments because we don't them to be influenced by the public will and pressure outside forces. we want to give them the independence they need to issue rulings that can be respect and trusted by the american people. unelected is a given. we all know that on the federal bench. julian, i want you to speak to -- there was a headline on the drudge report yesterday that asked whether this -- these comments that the president made initially may have been the result of a leak -- a leak to

the white house from the high court which held its first vote on this healthcare case on friday and there was speculation -- not backed up by anything i could see -- that maybe one of the liberal jurists tipped their hand over to the white house. >> i don't know the answer to the question on the drudge report. i tend to do it. it's extremely infection that such a leak it's extremely infrequent that such a leak occurs. i don't think anybody was questioning the ability of the court to be the final arbiter. there is nothing that says senators and other officials should not criticize the court. i think what the president's comment were getting at was joining his view with a number of other conservative scholars who said that the case in the healthcare is much different from lopez. lopez was talking about possession of guns within 100

feet of a school. there is no economic activity here. here you have conservative experts who say clearly this involves economic activity because dead beats impact all of us because we wind up paying for their insurance. lopez was primarily -- it involved a possessory crime. megyn: but there is -- let's not get into that. nobody cares about lopez. >> i think the president's criticism was on the narrow reading of the commerce clause which i think he's absolutely right. >> that not what the president said. good spin control, though. megyn: wouldn't it be fun to have jay and julian do "kelly's court" one of these days? i would enjoy that. maybe they will watch and weigh in on what we are about to do next.

a woman claims she has one of the three winning tickets. she says she hid that ticket inside the mcdonald where the co-workers are still working. they say the was an office pool. they want a share of the winnings. she won't give it to them. wait until you hear what her lawyer said today that may not help her case. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss

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megyn: "kelly's court" is back in session. the mcdonald's mega millions mess. she is accused of trying to scam her coworkers out of more than $100 million in lottery winnings. employees at this maryland macdonald say they all poodle their cash for a shot at the big jackpot. $656 million that was won friday by three separate winners. but with it was time to cash in

wilson claimed she bought the winning ticket all on her own. lis weihl, a fox news legal analyst and kimberly guilfoyle cohost of "the five" on fnc. she claims she won but doesn't want to share. but her lawyer came before the cameras. i was waiting for him to say she won. instead we heard this. >> i cannot say with any certainty that this ticket exists. and i would caution anybody until it's presented to the lottery commission for processing that it does exist. megyn: lis? >> her own lawyer is saying he doesn't think it exists? megyn: i would caution anybody including my client sitting behind me to believe that this

exists. >> she said i bought the ticket with the lucky dollar that it found on the mcdonald's floor. but i was in the office pool, about it wasn't that office pool. this was separate. by the way, i have hidden that lucky ticket somewhere in mcdonald. so you hid the lucky ticket in mcdonald's. you know you have 50 co-workers there who hate your guts. you don't think they are going to tear down that mcdonald's. you don't think you will get over there? not to mention the dangers of the hamburgolar. >> here is the deal. she may have the ticket. if she has it she'll be entitled to it. unless they can prove it was bought with those funds and matches the tickets in the photocopies in safe at mcdonald's. so far that doesn't appear to be

the case. so far the manager said she gave her an additional $5 to buy tickets. plus you have the 7-eleven showing the date, time stamp. so it's not over yet. but she is going to have some show -- she'll have to prove her claim. megyn: that she bought it with her own money and not with the office pool money. here is another possible theory. dr. ablow, is it possible this woman is a looney tune and there is no winning ticket? >> balloon boy comes to mind. this is a time when people can commandeer national media. is it possible she has found a convenient device to get massive amounts of attention? yes, it's possible.

megyn: she claims she doesn't like the media attention. that was before she showed up wearing a hat that says -- >> sweet swine pork rinds. could she be an attention seeker? >> she could be an attention seeker or potentially laboring under deep feelings of december upono -- despondentsy. and she don't know how to get out of it. megyn: if that were her desire why wouldn't she present the ticket. >> if she has the ticket. absolutely. obviously she wants the money. if she has the ticket, why hasn't she presented it days ago? what dr. ablow said is absolutely right. is this the first time you have been in front of national tv cameras. all of that. if the answer is yes which i

think it probably is -- basically she works for sweet swine pork rinds. megyn: see you after the break. when you have diabetes... your doctor will say get smart about your weight. that's why there's new glucerna hunger smart shakes.

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megyn: imagination heading into overdrive for car lovers. there are some new features that might revolutionize the car industry. rick? >> reporter: there is a lot of cool stuff here. race cars, flying cars, super cars. at the new york auto show. there are also cars real people can buy and drive. one of them is all the way over on the other side of the floor. it's the ford fusion. i want to show you video of this

car. it's one of the industry's best sellers in the mid-size segment. the new fusion they say is highly fuel efficient. also affordable. a plug-in version is 47 miles per gallon. >> this is a car that relates to the masses. but we wanted to bring a car that you would be proud to own. would you like to have tonight your driveway but it will deliver fabulous fuel economy, a comfortable and fun to drive ride. but a great value as well. >> reporter: there is a cool feature. using virtual reality simulators to design and engineer the car with a computer before they build prototypes. they work out the kinks. they make decide changes in the lab.

then they say they can make a better product for a better price. >> engineers can sit inside that vehicle and see wait would feel like to actually sit inside the vehicle and make engineering decisions based on that experience. >> reporter: the way they describe it to me, they don't have to make a car and figure out what's wrong with it. they can do it before they build it. then they can sell it for a competitive price. there is also an aston martin that's $280,000, that's the one i want. megyn: we'll be right back. a pat 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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let nothing stand in your way. devry university, proud to support the education of our u.s. olympic team. >>megyn: too often we celebrate but we forget those in need. five children die from abuse or neglect each day and there are likely more cases that are not reported. april is child abuse prevention and awareness month and today is designated the day of hope by