>> alisyn: tomorrow a great -- >> brian: tomorrow is a great show. cheryl casoni bill: good morning, everyone. as we go down to the wire, the u.s. supreme court decision said to be handed down. will we get answers to two high profile cases that could affect millions and millions. arizona's controversial immigration law and the healthcare law. they are still yet to be rendered. martha maccallum is off today. jamie: she is. i'm jamie colby. the decision announced a little over an hour from now. but what will happen is anyone's guess. bill: what hint if any on the

justices may decide that one for arizona? >> reporter: the administration decided to sue arizona over sb1070. during arguments many people thought as fared better than expected. at one point justice sotomayor said you need to try some other arguments. what you are trying to sell no one is buying. at one point chief justice said i'm starting to think the federal government doesn't want to know who is here illegally. bill: that's one issue yet to be decide on healthcare that will affect 300 million people. what do we know about the timing and any chance it happens today. >> reporter: it could come

today. but we don't think the term will end today as scheduled. we think the justices will add a day or two days. but there are four mini cases within that huge healthcare case. we we get it we expect it to be 300-400 pages. we don't know when it will come, we'll bring it to you when we get it. it could be within the hour, bill. jamie: this is our super bowl today. should that healthcare decision come today, there are 4 likely scenarios we could see. first scenario one that the entire law is upheld. scenario two, the insurance mandate is struck down and the rest of the law stays. and insurance companies would still be required to accept all customers, even those who are already sick. and if they would be banned from charging more based on a

person's medical history. number three, the mandate and those two provisions are struck down. the obama administration said if the mandate is struck down the two other provisions should go, too. bill: also the lawsuit challenging the healthcare law was filed first in the state of florida. dozens of other states joined in later. we'll speak to pam bondi, one of the plaintiffs in that lawsuit. we'll get her take on what to expect today. jamie: taking a look and a fox extreme weather alert. tropical storm debby. folks trying to pack up and head to higher ground while tornadoes reportedly near tampa damaging homes and killing at

least one. maria molina has been following this since yesterday. how is it looking today? >> reporter: good to see you on this monday. we are tracking tropical storm debby. she is basically sitting over northeastern portions of the state. a lot of wind sheer blowing drier air into the storm system. the activity is on the eastern half of the storm system. we are seeing heavy rain concentrated on the florida panhandle. we are still anticipating another 5-10 inches more of rain. so we could be look at accumulates of 20 inches of rain in some areas. the storm system is expected to

slowly northward. the tornado threat is still in tech across central parts of florida. one tornado warning north of the city of jack onville. we have been seeing the outer rain bands that includes camden and glenn county in southeastern georgia. that's a real threat the next few days. jamie: do we have any prediction on the 2012 hurricane season? >> reporter: it's expected to be at or below average. but debby broke a record. it's the early evident we have seen in the atlantic hurricane season. we broke a record but that's no indication of whether the season will be active. jamie: thanks, maria, we'll

check back with you. bill: the forecasters say the drilling platforms in the gulf should not be affected. the national average for a gallon of regular is down to $3.41. that according to triple aaa. the trend for prices going down since april. stuart varney joins us. what's going on. >> this has nothing to do with the supreme court. we are actually using less gas now than we did a year ago, but we are refining a whole lot more. result? there is more supply on the market, less demand, so prices are coming down. i mean really coming down. in south carolina the statewide average for regular unleaded gasoline is now down below $3 a gallon. as we say, it's $2.99 in south

carolina. alabama is just behind at $3.06. if this keeps up and it probably will, we'll be down to a $2.90 range in half a dozen states. it's coming down because we are using less and there is an increasing supply. it's the only good piece of economic news we have got. if you want to dig deeper you can say the decline in oil is because of a slowdown in all the major economies in the world. that's the negative. but let's not rain on this parade. it's wonderful news for everybody that gas prices are down 50 cents a gallon in eight weeks. bill: the expectation is europe

is in a funk as well. 6 or 8 months ago when gas prices were way up, did they think we were getting better? >> reporter: no. that was because of pressure on iran. maybe because of an israeli or american attack on iran. that's what drove oil prices sharply higher. plus six months ago world economies were still expanding at a reasonably healthy rate. things have changed since then. see you at 9:15. jamie: we have a jam packed show ahead for you today. indecision and campaign 2012. there is a new poll and it has a surprising new number that could have a huge impact on the race for the white house. bill: high-profile republicans accusing the government of a coverup in the case of brian terry. a family struggling for answers

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jamie: welcome back, everybody. the flames are continuing to spread in colorado. >> mother nature is difficult. when things aren't going your way it's hard to get back on top and get control again, but we are not going to quit. jamie: is having the worst wildfire season in a decade, including the most destructive fire in history near fort

collins. bill: the house of representatives getting ready for an unprecedented contempt vote against attorney general eric holder. the chairman of the house oversight committee darrell issa says he believes the justice department is lying to congress in operation fast & furious. >> we are trying to get to the truth when we were told a lie. this is about a coverup. we are seeking documents we know to exist that are in fact about brian terry's murder. who knew and why people were lying about it and get to the truth. that's all we want. bill: he said a lot of things sunday morning. good morning. fresh off her sunday morning battle with brit hume on "fox

news sunday." you doing all right? >> oh, yeah. bill: brit is coming up in 45 minutes. with regard to the contempt charge and what's happening, is this bad for the white house or do we know that yet. >> there is a scent of a coverup. this is extremely embarrassing for the white house given two federal agents died and 200 mexicans. given the games attorney general eric holder is playing we don't know. bill: issa says he has no evidence the white house is involved in the coverup. i thought that was revealing. >> if you want to look at it from a political standpoint i don't see how this helps the republicans. the number one issue on people's

minds is the economy. time spent on this is time that isn't spent on the economy. if i'm northward i want to be talking about the economy, not operation fast & furious. americans already think washington is dysfunctional. they already think it many partisan politics. so they are coming into it with that viewpoint. bill: what about the charge that issa says i have to figure out why the justice department quote-unquote lied about the operation. is that not legitimate? >> at the end of the date justice department sent a letter that denied they now about the program or denied the program. it's from the atf. then they provided all this information saying we were wrong. here is all the information. is a was pretty transparent. this has nothing to do with getting to bottom of why it

happened. bill: when you drop the word lied to or lied about, people want to know. >> this was a disastrous operation and it appears there was a cover up. i agree with kirsten the question is how far republicans want to push. the problem right now is most americans are concerned about the economy and most people think operation fast & furious is a bad movie, not an issue we should be looking at. i think a lot of people will recognize this comes to accountability and leadership for the doj and the white house. bill: a week ago nobody was covering this. it happens with investigations like this. >> that's absolutely right. the question is, will we come to a quick resolve on this and will the white house and the doj be

forthcoming? we know the doj will say we have given over 9,000 document. we know document production is a fishing expedition. can we get closure or the terry family and make sure this doesn't happen in the future? >> this is my least favorite thing about washington. the fishing expeditions that go on in both parties using our government resources, precious time and money to really try to attack other party. at the end of the day we know what happened. >> if the tables were turned you would be coming after us. >> with the valley blame stuff i -- with the valerie plame stuff i said this is a witch hunt. they did an inspector general investigation into the. the republicans keep pretending

that holder hasn't apologized. there has been closure. the program has been shut down. bill: is a clearly is not stopping. we'll see if there is a resolution. there is a possibility there could be an accommodation on both sides. kirsten, we'll bring you back for a one-on-one with hume at 1:00. we call that round two. jamie: big news over the weekend. the muslim brotherhood making history in egypt, and not necessarily the best kind for the united states. the live picture of tahrir square in cairo. new moves by an islamic president causing worry in washington. plus ... >> what's all that noise in the background? >> i'm trying to hide.

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bill: rescue teams searching for survivors after a roof collapse at a mall in ontario, canada. a city in california set to go belly up. the city of stockton could go belly up this week. girl power rules at the box office over the weekend. the movie "brave" taking in $60 million. overseas it took in $13 million

more. pixar. did you see it? jamie: not yet. i was a little busy over the weekend as they were in egypt. a member of the muslim brotherhood officially declared the winner of the country's first free election. we are getting word that martha mohammad morsi wants to rethink its ties with israel. >> reporter: they are redrawing the map of the middle east. morsi not you president.

the muslim brotherhood has been banned because of an extremist organization. anti-west. anti-israel. since hosni mubarak was kicked out of office, in this country we have to expect the unexpected. above a require square celebratory fireworks explode into the night as president-elect mohammad morsi addressed the country. saying he wanted to bring economic prosperity to the country. a welcome message where hundreds of thousands of muslim brotherhood supporters chanted his name. >> we make something very good. we are changing the system. >> reporter: this crowd has

been chanting allahu akbar, god is great. for so many people in this crowd it's a chance for a better life for their kids. they say this is why they vote for morsi. to have their children be in a country with a democratically elected president. will give their kids a brighter future. hosni mubarak was ousted from office 16 months ago. but organizers of that revolution say the election of morsi is the worst thing that can happen. >> religious organizations are you a toe krat i can. they are -- are you a autocratic. they are worse than a

dictatorship. >> reporter: the muslim brotherhood has promised 16 months ago not to run anyone for president. now morsi is the president. the check and balance on morsi's power is going to be the army. while morsi is going to be sworn in at the end of the week the army is yet to decide what kind of powers they are going to give him which could ensue another showdown if the brotherhood is not happy with what they get. jamie: the army committed to give up power. are you saying there is a possibility they won't? >> reporter: there is a possibility they will remain the behind. morsi and the brotherhood will have control primarily over domestic issues. the army is trying hard to control the military and foreign

affairs which would be a help to the united states. bill: he gave an interview where he wanted to reestablish ties with iran. could the same people who put a virus on your computer be able to take control of an unmanned aircraft? we'll examine that question. jamie: surprising numbers on the race for the white who is. why the race may be up for grabs more than you think. i went to a small high school.

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jamie: a big chunk of the american electorate still up for grabs. 25% of voters according to a new poll have been not won over by president obama or mitt romney. 25% of voters remain uncommitted to either candidate. what's behind all the indecision? bob joins us now. who are these folks? >> reporter: they are mostly generation x people who -- most them, 71% did not go to college. 17% of these persuadable identify themselves with the tea party. these voters vote for president obama in 2008 and voted for a

congressional republican in 2010. these are frustrated voters and they can't decide who they are going to pick. jamie: they are persuadable. what lit take for each of the candidates to get them their way. >> there will be a move to the middle for both obama and mitt romney. to make the case that they understand their problems which are mostly about the economy. if the economy continues to our, that is bad -- continues to sour. that's bad news for the president. republicans think they can win this thing. a couple months ago they were resigned they were going to make a run but probably weren't going win. now this thing is really up for grabs. usually in an election the undecided will move away from the incumbent in tough times.

jamie: do you think they have a general disbelief of all politicians or they haven't heard what they need to commit? >> i think many of them are very frustrated with washington which has not been able to solve the big problems whether it's entitlement, or pending tax decisions. congress always goes up to the last second with the president on debt ceiling. they are frustrated with washington. so they have been voting that way. the last three elections have been wave elections. president obama has to make the case, be patient, the economy is getting better. we have a lot of work to do. when you look at recent elections, the electorate has not been patient. jamie: i don't remember a week with decisions that will affect the american people more than what we'll see today out of the supreme court. how much does this group of voters care about healthcare, about immigration, in addition

to the economy. >> i think the healthcare one is big because it affects everybody. there are such partisan feel degrees on both sides and the political message has been won by republicans up to this point. i think healthcare, immigration to many people is very important. but i think healthcare and the economy are much bigger. that's what the candidates have to worry. as they woo these independent voters. jamie: keep an eye on this group and come back. see you soon. bill: 25 minutes before the hour. congress ordered the faa to come up with a new plan to open u.s. air space to drones by the year 2015. but there is new information that the navigation systems of unmanned drones could be hacked.

john roberts live on that story live in atlanta. >> reporter: good morning, bill. so far the implications and the worries about thousands of drones flying across the country have been about privacy issues. but a team of researchers recently uncovered a gaping hole in the security of these unmanned aircraft. in a series of experiments conducted that fox news had exclusive access to. the researchers hacked into the gps system of a small but sophisticated drone. it took complete control of the drone by sending false gps signals. the implications are that a terrorist could do the same thing. >> in 5-10 years we have 30,000 of these drones in national air space. each one of these could be a

potential missile that could be used against us. >> reporter: military drones have an encrypted system that's hard to hack i to. bill: is the government aware of this? >> the government aware of this. humphreys and his team were invited to show the faa and the military what they could do. drones flying in u.s. air space will get bigger and big her. fedex wants drones to move packages across the country. >> if we can do this with a small one we can do it with a big one. the penalty we got after 9/11 where we reinforced the cockpit door, we need to adopt that penalty with these after

jaitions systems. >> reporter: at the moment they aren't much more than a power point presentation. experts i talk to say they are worried dhs brass won't pay a proper amount of attention to this until something happens. bill: john roberts, thank you. here is something that won't make your monday morning. we have been trading for 7 minutes. we are off triple digits. there are significant issues about the banks in europe and issues about italy and spain. we are following suit here in the u.s. we are watching for you throughout the day. that's not way you want to start your week. we are looking for good news with barney. jamie: full disclose our. stu had nothing to do with that.

it will be a rough ride today in the market. it will be an exciting day watching the supreme court. base we are potentially just minutes away from the biggest decision from the supreme court in decades. the high court's ruling on president obama's healthcare law. florida attorney general pam bondi will join us on what it could mean for the economy and the lives of every single american. >> they will wonder is this 9 justices trying to dispense justice for all of us or will it become a political body like the white house or congress.

jamie: "jeopardy" host alex trebek is recovering after suffering a heart attack over the weekend. reports say's in good spirits and expected to make a full recovery just in time to start

shooting the 29th season of the legendary show. can you imagine, 29 seasons. trebek had another heart attack back in 2007. bill: as we wait for a possible decision from the supreme court, i want to bring you pam bondi, the florida attorney general. florida filing the first lawsuit leading to perhaps this point today. welcome to you. pam, you were in court in late march. >> i was. three long days. bill: what do you remember from the back and forth that leads you to believe you will be in part victorious? >> the justices -- the u.s. supreme court, they typically only give one hour of oral argument. that's it. so what we got was unprecedented for a modern day supreme court.

we got three days and six hours to put on our case. they asked compelling questions. they asked tough questions of both sides. but the main questions that they asked made me feel very confident that they saw our point of view. that they took this very seriously. and that they realized this would be the greatest overreach of federal power in our entire history. bill: how do they then rule? do they throw everything out or just a mandate or what? what do you believe? >> we are very confident they will rule in our favor. again, you will never hear me criticize the highest court in the land. i'm a practicing lawyer and i will not do that. but we have faith in the court. and of course we believe that they should throw out the entire mandate. meaning that the mandate itself is unconstitutional.

but more than that, bill. that it's not severable. if the mandate falls, the entire healthcare act falls. i always preface that saying we all know we need tremendous healthcare reform in our country but this is not the way to do it. it has to be constitutional. bill: this court can do unexpected things and no one knows what will come. whether it's today, tomorrow, or thursday we don't know. but will the court look at the mandate as a penalty or a tax? and if it views the mandate as a tax, can the obama team win? >> well, yes. the short answer, yes, if necessity right as a tax. we had our president all over the news saying this isn't a tax, this isn't a tax. so the justice department had a hard time arguing that. because for your viewers, the on

way to force to us purchase this product is under the taxing power of course. and that's just not there. and they are trying to force to us purchase a product simply by sitting here right now and talking. so we feel -- we feel confident they are not going to buy that argument. they ask the solicitor general some very, very tough questions. the justices did, regarding that. because again our own president has said this is not a tax on the american people. bill: the reason i think that is so important is the word mandate does not appear in the law. it's 2,400 pages high. but the word mandate is not there. >> depending on the font it could be longer than that. and it was carefully drafted, i feel, trying to trick the american people. that's why we feel so strongly about it, that it's

unconstitutional. the first argument was the anti-injunction act, whether they could do this under the taxing power. and in that regard the federal government agreed with us saying that they could not exercise under the anti-injunction act. which means if you dispute a tax you owe, that you can't dispute it until you completely pay that tax in full. the federal government agreed with us generally speaking on that issue. so then they wanted the justices asked them, then tomorrow you are going to turn around and argue under the mandate that it is a tax? because that's the only way -- bill: i wonder regardless of how the court rules if anything will be settled. you have an election in 130-some odd days. we don't note outcome whether it's obama or mitt romney. if a part of the law is thrown out and other aspects are

upheld. what will congress do. what happens to the implementations at the state level. there are so many different branches on this tree. will we note future for this law regardless of what the supremes rule or will we be launched into another 6 months or two more years of vast national confusion. >> those are great questions. we all said we need finality. we are so glad we got to the court this session. we are hoping they will rule in our favor of course. i'm sing and tired of sue -- i'm sick and tired of suing the federal government. but i will continue to sue the epa and the federal government until we get a president like mitt romney who will correct things and let the states manage. bill: if you lose, what is your strategy? >> if we lose, that's why it's even more important to take back

the senate, to keep the congress and to have mitt romney as president of the united states. bill: pam bondi, thank you for your time. she is the ag in florida. we may know in 12 minute or we may have to wait another day. go to foxnews.com and leave your question about healthcare, about the u.s. supreme court. immigration could come down as well. hemmer@foxnews.com on twitter. because you asked, bya. jamie: healthcare as i'm saying isn't the only landmark decision expected from the supreme court. we are keeping and eye on a ruling on arizona's tough immigration law. what that could mean for law enforcement there and across the country. a fair and balanced debate just ahead. >> is the person inside the

house? >> yes. when, ma'am. >> what are you doing? >> hiding. bill: an 11-year-old boy being called a hero after a frightening home invasion. how tide he get out of this one?

bill: devastating scene. two freight trains colliding in home. three crew members are mission. the two union pacific trains were pulling a total of 250 rail cars when they collided head on. officials hope to reopen part of highway 54 which was closed after that accident. jamie: only 11 years old. a boy in florida being called a

hero. he was home alone when three people broke into his house. quick thinking. he hid under his bed and called 911. listen to this call. >> what room are you in? >> in my room. he's in the house. >> how do you know if he's in the house if you can't see him? >> i hear him. >> what's all that noise in the background. jamie: the sheer terror.

you can hear it in his voice. the boy's father ran out to get dinner for the two of them and two teenagers broke in looking for jewelry. >> i saw somebody throw a hammer. >> that's when he called me. he said someone is knocking very hard. i said don't open the door. a minute later he said dad, they broke the window. i said which window. he said the kitchen window. i said call 911. jamie: every child should know how to do that. the suspects ran off. police caught up with them a few minutes later. the family even got the stolen jewelry back. bill: good for that young man. that was always one of my big fears when i was growing up,

somebody in the house. jamie: mine was fire. that movie with back draft." bill: that 147 tips at 150. wall street is following european markets deep into the red after ongoing concerns about the ability of leaders to quell the debt crisis. remember greece, remember portugal. remember ireland and iceland? the issue is in italy and spain and it's weighing heavily on our markets. we are off triple digits. we will see where we go later this morning. also there is this. jim require's an historic day at world trade center. the historic final beam of building number four will be put into place. here is a look inside 4 world trade. what do you say to a man who lost his cousin and daughter to terrorism about what this means to his family? bill: we are moment away from a

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bill: good monday morning, everyone. fox news alert. this will be the most crucial week to date for the obama administration. we are awaiting a supreme court ruling on the constitutionality of the president's healthcare overhaul. while president obama juggles a slew of other nagging issues, of which there are many. good morning, everybody, hope you had a great weekend. this could be the day it will certainly be the week, we know that. i'm bill hemmer. jamie: i'm jaime colby. in for martha maccallum today and the white house admitting now na that the romney campaign

is ahead in the money campaign, and the fas fast and furious scandal is causing problems for the obama campaign. bill: there is the white house screen left, fast and furious, the economy, especially the economy, who knows what the court will do on immigration and healthcare. where is the good news for this to white house, bret. >> it would be good news if the healthcare law were ruled cones taoug constitutional. it would be limited good news if the framers of the bill, ad advocates, and some of its opponents would not doubt its constitutionality. that would give it a new lease on life for a while and wouldn't mean the whole achievement has collapsed. it remains unpopular and whatever legitimacy that the supreme court confirms on it if

it does that may not be enough to overcome the unpopularity of the bill itself. people don't seem to like what is in it. bill: it appears the ruling will just lead to more questions. questions that who knows will be answered at what koeupbt, whether six months at the election or two years from now when you build up the full eupl phra phaeugs of theupl phra phaeugs o implimation of the bill. >> this process has unfolded since the end of the primary season, in which romney has slowly crept up in the polls, and he's steadily come up the resistance to him in the republican party has fallen away. his fundraising has turned out to be tremendously successful. so some of the disadvantages

that he seemed to be carrying during the primary season can gone, and he now looks like a much more formidable opponent for the president and he might have been before. you have crises relating to obama policies on healthcare and other matters, combined with the fact that the opponent in the fall election is looking stronger, and this is not the happiest time for team obama. bill: you wonder how the justices rule here, whether or not that gives team romney another boost. this is what you said, however. overall when reflecting on the g.o.p. with chris wallace said morning. >> republican brand name is in terrible shape, and people are not naturally sympathetic to the republicans in congress. they are really not sympathetic to congress as an institution but certainly not to republicans. any time republicans do anything big or bold they run the risk of people not liking it because they are the ones doing it.

bill: this after you see mitt romney steadily rising in the polls, which seems to be a fact when you see all the polls put together. what is going on there, bret? >> if you look at people's view of republicans in general it's in the very good. you saw the reaction to the tremendous fight earlier in the year over the raising of the debt limit in which republicans, having promised to cut spending went all out to try to get some spending cuts attached to an increase in the debt ceiling. it was a knock down, drag out 11th hour struggle which scared a lot of people and further damaged the reputation of congressional republicans. that doesn't mean, however, and it's congressional republicans whose brand is particularly damaged. and i think that you see that played out in poll after poll. that doesn't mean, however, that they are not in a position to win this election. they come out a little better in a lot of the polling on the

so-called generic ballot where people asked whether they plan to vote for a republican or democrat. the democrats are in very poor shape as well. they are considered complicit in all of this obama policies, which a great many people see as having failed. so that's the lay of the land. but it is not all roses for the republicans, who have some things to overcome, particularly congressional republicans. bill: thank you. be on standby, will you? we may get it this hour. we'll bring you back if we do. brit hume in washington. jamie: president obama not the only one in a big stake in the big decision set to come down from the supreme court. governor romney has one too. and chief political correspondent carl cameron traveling with the republican nominee for president. carl, good morning to you, good to see you. >> reporter: hi,. jamie: me, the gallop poll has says the economy and jobs are number one.

behind that comes healthcare and immigration, both the two editions that are coming out today. healthcare reform and immigration reform are two of the most pola ricing wedge issues in american politics. this week will term whether or not healthcare and immigration are intensifying issues. for mr. romney the question of both politics and policy will be dramatically affected. the politics will not change for mr. romney. if healthcare is not struck down, if it's upheld romney will go forward with his already promised plans to issue a whole series of executive orders and waivers to all 50 states nullifying healthcare's mandate for 50 states. where healthcare is concerned mr. romney is trying to deal with the president's decision a week and a half ago now to allow some young people to avoid deportation if they are illegal immigrants and they came to this country under 16 and they are

under 30 phou 30 now. jamie: as governor romney heads to arizona later this morning they have a big stake in the decision of the court too, their law and immigration. so what does governor romney do in terms of addressing that and what are the political implication -fs a decisio of a decision on that. >> reporter: after the last couple of weeks the obama administration and campaign have focused a lot on immigration recognizing that the arizona decision will come out. mr. romney will be heading to arizona later today. he has been a strong advocate of the arizona law and governor jan brewer. this morning one of mr. romney's close advisers, one of his top vice presidental prospects, one who we found out last week is indeed being thoroughly vetted marco rubio talked about the arizona law and expressed some of his past concern and how he is now a supporters.

listen to marco rubio from fox & friends. >> i think the law and constitution, that's what the supreme court will rule on today. this came up in my campaign and i grappled with it. the law made we uncomfortable. but i understood as i learned ha what are is is facing. arizona has an all outboarder problem more than any other state in the country. >> reporter: one of the things rubio said made him uncomfortable about the bill was the possibility of eye sroeugd any racial profiling i. said that was taken care of before it was signed into law. and that allayed any of this is concern. bill: we have a decision from the supreme court dealing with 14-year-old americans. the supreme court has ruled moments ago that life in prison without possibility of parole for juveniles under 18 is not possible. the court was asked to decide whether it's cruel and unusual punishment. the sentence of 14-year-old to

life in prison with no chance of parole, it says, that would be a violation of the 8th amendment to the u.s. constitution, so that ruling is in. also there is a ruling out of montana regarding corporate donations to political campaigns. that decision has come down as well. and just checking the wires on that issue, the supreme court has ruled moments ago with regard to montana, it strikes down the limits on corporate campaign spending in that case. so you have two decisions pannedded down as of 10:08 eastern time but still immigration in arizona, and healthcare overhaul have yet to be decided. two are in, still waiting on two of the big ones . they may come today, stay tuned if they do. 10:08 here in new york. jamie: our team is there. fox news weather alert, tropical storm debby lashess part of the gulf coast, south of the florida

panhandle. it's spawned at least one deadly tornado that killed a woman in her home. forecasters are warning flooding caused by torrential rains is still the biggest threat. >> it just got higher and higher and we started grabbing our stuff. we had new neighbors, i told them, hey, you know what happened last time. this time is a little scary, you know, it's all of your belongings. jamie: they are bracing for the works. phil keating live in st. pete beach florida. phil, it's already a mess down there, isn't it? absolutely. no beach day down here, nor boating day, because a waterspout came across the land last night around 8:30pm, residents say it was extremely loud. we know it was violent, taking off roofs and uprooting numerous trees, power is out all down here at passe grille marine a. you can see the damage there.

40 or 50 boats stored inside, clearly some of them are damaged and th the sail boats are rocking and rolling out there all day the biggest threat is rain, rain, rain, right now. we are in a bit of a holding pattern. the fire department is sending us out, jaime. jamie: all right. i want to ask you how close debby is to making landfall at this point. i know everyone is getting ready? >> reporter: yeah, it's about 90 miles now southwest of the big bend of the state of florida, it makes a geographical bend like an elbow up there. a lot of swamps up there. it's not really too heavily densely populated. again, this is a rain maker for much of the state. all of central florida and the panhandle, if they are not under tornado watches or warnings they are certainly under a tropical

storm watch. jamie: thanks, phil. stay safe. bill: you're talking about 15 inches of rain down there. jamie: you see the size of that storm it's huge. bill: a community jazz concert ending in tragedy. >> there is a lot of hurt, a lot of pain in people right now. it's a situation out here where people are very hurt and challenged by what happened here. there is no easy answer to this. bill: mourning the loss of one of america's bravest, a tragedy. jamie: it is. you'll never guess how old the automatic though thief in this video is, check it out. [inaudible]

bill: terrible story here. police in denver pouring over a city park after a shooting at a jazz concert.

leaves the mother of two children dead. she was trying to break up a fight when she was shot. police say they have taken a person with a gun into custody but it's not clear attorney that person is considered a suspect. the officer, a single mother, and a seven year veteran of the department, her name has not yet been released. denver, colorado. jamie: fox news alert we could have a supreme court decision on the overhaul of healthcare any minute now. is it unconstitutional for the government to force you to buy insurance or pay a fine for you pennsylvania republican tim murphy, chairman of the house doctor's caucus joins us now. if we get the news while we are chatting about it we will immediately report it and talk to you about it. as a medical professional, how critical is this decision to americans? >> it's critical with regard to the supreme court strikes down the whole bill, or strikes down enough of it to show -- to really point out that it's unworkable in terms of its

constitutionality. above all it's important regardless of what the supreme court does. the supreme court is not a group of hospital professionals or physicians, they are simply going to rule on whether or not it works for the constitution. regardless of what the supreme court says, we have to understand that the approach of the more liberal democrats was to say they want universal, government run healthcare. regardless of what happens, they think they are going to continue down that road. the other approach, however is to say that what the american ep people really wanted is the healthcare they need from the doctors they choose at a price they can afford, and that is going to continue to be the agenda what the republicans will push for to give people choice and improvement and afford built in healthcare. that is the line that is going to be battled here. jamie: 2400 pages made up that bill, you've read it? >> yes. jamie: there were parts in there that are important to some americans, the preexisting conditions, the ability to buy prescriptions if you're on

medicare. how will congress deal witness, if it is strucwith it, if it is struck down to make sure they get some of the things they are concerned might be taken away. >> we are going to do what any good doctors should be doing with a patient, that is the first thing the doctor does is listen. don't jump in like what happened with this bill and r-p am a 2700-page bill down people's throats and thousands of mandates from commissions that are yet to be appointed. we will look at and need to look at such as dependents underage 26, should they remain on parents' policies. making sure that people who are sick are not cut from their policies. it's very important that those options are out there so people are not finding that it's health insurance for the healthy, we have to have health insurance for people that are ill. how we handle chronically ill. all those things we have to do right. the whole process was ignoring the legislative process, trying

to push us through, not really listening to both sides and the american people and that's why it's in the trouble it is. jamie: we have breaking news i have to interrupt you, congressman. bill: breaking news from the u.s. supreme court. apparently there has been a decision with regard to the immigration law in arizona, known as senate bill 1070, which has been challenged through a series of appeals courts, and then on a fast track up to the u.s. supreme court, but we do not know what that decisions is. at the heart of this decision on immigration is whether or not police officers have the authority upon a legal traffic stop, or legal violation, in which they are inquiring about a possible crime, whether or not they have the power to ask whether or not there is paperwork that can suffice, a person is to declare whether or not they are legally here in the united states, and if they are not, then that police officer would have the authority, under arizona's law, as it was

written, to arrest that person and eventually deport them out of the country. jamie: if it's reasonable to believe that the offense would be a deportable offense. there are some standards. it will be interesting to see how the court analyzes that part of it. bill: part of the law was stated the following way section 6 of the arizona law it authorizes state and local police officers to arrest immigrants without a warrant if the officer has, quote, and this is important now, probable cause to believe they have committed a crime that makes them deportable from the united states. that is one issue that has been debated back and forth as to whether or not police police officers would have the authority under probable cause to think that they have committed a crime. jamie: that is a subjective standard. bill: it could be, and this is part of the reason why it has gone up to the u.s. supreme court. shannon bream is inside the courtroom and we are scanning the wires right now to figure out what the ruling is or has been. shannon is going to be running out here in just a matter of

moments, because electronic devices are still forbidden inside the courts. now if you remember during the healthcare debate back in march there were audio tapes released of the question-and-answer back and forth between the justices and the lawyers defending each side, but that was released several hours after the case was argued. it was similar during bush v gore in the fall of 2000. but then again those audio tapes were only audio tapes, and there were no other transmissions inside the court. so that is a rule that still applies today. shannon bream now, our u.s. supreme court reporter is on the steps of the court to give us the decision on senate bill 1070, and the supremes have decided what, shannon, what is the shoes. >> part of this bill is going to be struck down for now. part of it looks like will be upheld. there were four different section tph-s play. there are three sections that this court has found in hen opinion by justice kennedy are preempted by federal immigration

law. the bill is three pourings it looks like will remain struck down. section 2b is the section everyone is talking about, that has to to with police officers, if they stop someone on another legality and what happens then, is that they decide that there is some kind of reasonable suspicion after the person has already been stopped that they are are here illegally they do have to determine whether or not that person is here legally. that's been the most controversial, it was the one we thought that had the best chance of being upheld. it looks like in this opinion from just swr advertise kennedy he says it was improper to enjoin section 2b the lower courts that stopped, put an injunction on this. it was improper to do that before the state courts had the opportunity to construe it and without some showing that enforcement of the provision in fact conflicts with federal immigration law and its objectives. so for now three portions struck down, section 2b about the police being able as to check immigration status after they've already stopped someone on a completely separate violation or a potential violation they are

sending it back down to the ninth circuit which struck down all four portions, they say redo it for now, we find three conflict with immigration law, one we are not ready to say that now it goes back to the ninth circuit. bill: just to summarize, three of the four key provisions in senate bill 1070 have been ruled invalidated, essentially struck down, correct? so if three of four have been ruled invalidated, which one still stands? make it leer? >> the one that stands is the one where police, if they stop someone and they believe another violation, say speeding, driving without a driver's license or a robbery, any kind of other crime, if they've stopped you for some independent crime and during that stop they find reasonable suspicion to believe that you're here illegally in this country, they have a duty under this law to determine your immigration status. that is the one that the court didn't out right say is struck down because it conflicts or overrides federal immigration law. that police check on immigration status for now looks like its upheld.

they say the ninth circuit should not have even joined it without discovering more about how it would actually play out. for now this case goes back to the ninth circuit with that one piece still in play but the other three struck down. bill: the ninth circuit is san francisco, right. >> it's based on the west coast. there are several sittings, that is one of the sittings that includes arizona. bill: this applies direction to section 6 if i have it right. and section 6 authorizes state and local police, as you've been describing, to arrest immigrants without a warrant if they have probable cause to believe they've committed a crime. that could be robbery -- is that a fair -- >> i'm sorry to interrupt you, actually that is one of the sections that was struck down. the one upheld is section 2b, which allows them if they stop someone, have a reasonable suspicion about their status in this country, to determine, go through with determining their illegal immigration status or legal immigration status. the section you referenced, making an arrest based on probable cause but without a

proper warrant, that has been struck down by the court. bill: this can be a little confusing too. >> yes. bill: because section 2b and section 6 are quite similar. i just want to read section 2b so our audience understands what we're talking about here. it requires that state and local police officers attempt to determine the immigration status of any individual stopped or detained if the officer reasonably suspects the person is in the united states illegally. and now aour you're giving the police officer the authority to use their judgment, if they suspect they are here illegally, and upon which basis that would occur is something that i guess would come down to the local level of a police officer standing on the side of a road if there were a traffic stop. it continues now. it also requires that law enforcement officers determine the immigration status of anyone who's been arrested before the person can be released. so before they are able to drive on or go home, or continue onto their job or wherever they were

headed they have to determine whether or not they are here legally or not, correct, shannon? >> yes. and basically what the court is saying is that section 2b this, power of the police to ask about the immigration status to inquire into it. basically there could be challenges to it after it goes into effect but for now the court found that the ninth circuit was wrong to enjoin it or have an injunction in place to stop police officers from being able to carry out that portion of the bill before it went into effect and they could accurately see how it would play out. the other three provisions we talked about, this court is convinced they won't work, they are in conflict with federal law. the one about the police inquiring into immigration status for now it stands. they said the ninth circuit was jumping the gun by putting an injunction in place. now they say it can play out in arizona. they also go on in this opinion that that doesn't mean once it goes into effect there can't be other legal challenges, once people how it actually plays out in practice there can be other legal challengeses to it.

for now there is not enough in the record that would convince this court it's proper to enjoin the law before it ever takes effect. bill: here is another one that was kicked out then, all right 5c it makes it a crime for any i will lying alimmigrant to apply for work, publicly so is will it or perform work within the state's borders. vie hreurts would place 6 possible month in jail, 2500 fine and three years of probation. is that now, gone or can that be even joined at a lower level. >> basically the supreme court is saying that the ninth circuit got that right, when they put a hold on that one which would bar an illegal immigrant to go out to solicit work. if you are not here legally or don't have the right paperwork to work it would make it a state crime to go out and solicit work. i haven't had the chance to read the entire opinion. they found that it conflicts with federal law or overrides federal law at some point. that being a state crime in arizona, that portion is struck down.

bill: one more thing makes it a crime under state law for an illegal immigrant to fail to apply for registration papers, violators face up to 20 days in jail for a first offense. that -pls ha also has been struck down as well. do you recall what jan brewer the governor of arizona said this she would do in her state if she failed to be successful at the high court in. >> well she said they would go forward with whatever parts of the law did survive and continue to battle to in some way redraft, have another piece of legislation, take another bite at the apple. this is the final court in the land, so this legal challenge is the end for those particular provisions, but there are other grounds and which they could be challenged. there are those on the other side of this case who said whatever survives they have a lawsuit waiting in the wings, waiting to be filed oepg to get back leer. sb1070 the portion that did survive it is far from over on the one provision that allows police to check immigration status.

you can imagine as soon as police officers begin to carry it out, the law goes into effect and they see how it works in practice a lawsuit will he immediately be filed. several groups have indicated that is the plan. bill: i'm going to let you cut free for a moment. jamie: i'd rather not i need to ask one question of shannon. you said it's going to go back to the ninth circuit and that they had initially enjoyed this provision. are you saying that the court didn't overrule that, but is asking for further interpretation? what is it for the ninth circuit to decide? >> it sounds like what is going to happen is it goes back to the ninth circuit, you've got it right on the three provisions that you're saying were enjoined, that part is property the fight over section 2b, the court said it stands for now, it doesn't for close other potential challenges. whether or not they want the ninth circuit to do anything at

that point, it looks like the legal challenge is one thing for sure over 2b which allows police to check for illegal status, that is far from over. even if it does go into practice and governor brewer starts having police officers in arizona carry it out we know the legal challenge is far from over. jamie: likely once someone gets stopped they will bring it back. shannon, thanks. we will let you digest the rest of the opinion. we could still hear from healthcare today. >> we are done for the day, so it won't be healthcare today. bill: i know you are trying too digest a lot of material on the steps. we'll bring shap on back in a matter of moments. section 2b requires that state and local police officers attempt to determine the immigration status of any individual stopped or detained if the officer reasonably suspects the person is in the united states illegally. folks in arizona oftentimes have argued that that was the heart of the matter.

a pennsylvania republican tim murphy, co-chair of the house doctor's caucus back with us. good morning to you again. thank you for going on standby. your reaction as you hear it now? >> i think that this points to the concerns we've had with regard to congress needs to act, the house and senate on some comprehensive immigration reform. arizona passed this law because they were saying the federal government wasn't enforcing the law, and they needed a number of clarifications. what this tells us is even the supreme court says it still need to be clarified and that's why they are sending this back to the ninth circuit. with regard to whether or not a police officer can with reasonable cause ask about the immigration status, apparently that part is going to remain, but they still want the courts to rule on this and i'm sure that more suits and challenges will be out there. with the issue with regard to employment of immigrants, apparently that has been struck, and so illegal immigrants can hold jobs. this still goes back to a frustrating part of the american people and that is for years we've been talking about let's

have some comprehensive immigration reform. how are we going to deal with the millions of people here who are here illegally? we will have to deal with this and that means the senate is going to have to move some of the bills we send over so the house and senate can work together to resolve this. this and the healthcare bill point out the importance that you cannot have a congress, house and senate not moving things forward, not sitting down together. we need to be working with the president of the united states. it points again to the importance of this fall's election, very different approaches with regard to how we are going to handle these key issues. jamie: i want to bring folks one second, governor jan brewer said they needed sb1070 because the federal government was not enforcing the immigration law and a number of these provisions. look, they threw all of it in here hoping some of it would stick, and maybe the court was stuck on the fact that that requirement that they said the lower court was wrong in enjoining said that officers must check, must check, not that

they could if they wanted to. and there was a concern about racial profiling in that respect. what are your thoughts on that for other states who are looking at the capabilities of controlling the illegal immigrant population, i assume the other provision that was tossed out about the illegal immigrants working, they'll now rely on employers to monitor that. >> yes, they'll rely on employers. but the must check thing i think also allowed the system whereby you wouldiling, and that is, yoe required to check, whenever you weren't checking some sort of a profile. it does speak to the governor's frustration with the federal government and withhold hold, the attorney general saying he was going to sue arizona and they weren't going to enforce the immigration law. these border states are very frustrated with the lack of approach with the attorney general's office in enforcing the laws. jamie: last question on this. if officers begin now to check the status of those they stop because they have a reasonable belief that they are deportable,

how do they decide whether or not they are going to choose to ask someone for paperwork? because it sound like the court has said, look this is going to stand for now until someone else challenges it, and we're not saying they won't. >> i suspect what is going to happen is a number of attorneys are going to be looking for cases where someone is in a traffic stop or some other stop by a police officer and the police officer does ask for papers, immigration papers, and this will come back before the courts fairly quickly. jamie: what would be the damages of asking someone whether or not you have a right to be here if they are stopped for even a misdemeanor? >> it is appropriate by the arizona law, and it sounds like the supreme court is saying they are not convinced it's not appropriate yet. they h-r looking for further clarification, because the supreme court from my understanding of what was just read the supreme court is saying it does not appear on face value that there is something that is unconstitutional about it. there is some protection for police officers here. but it still doesn't address the broader question which congress needs to address, and that is

this should not be put on the shoulders of an individual police officer, individual traffic stop. it does speak to the problems with the attorney general's office with enforcing this and working with congress and working with the states to make sure they deal with this problem, which is a huge problem for states. jamie: congressman tim murphy, thank you so much for weighing in on this the healthcare decision didn't come in this report from shannon bream, but a lot to digest on immigration, thank you. bill: i want to bring in a judge now andrew napolitano, folks news judicial analyst. good morning to you. initial reaction from you is what? >> that the heart and soul of the arizona statute has been struck down by the supreme court, consistent with previous supreme court opinions that basically say, for better, for worse whether you like it or not immigration is a federal issue to be administered by the united states of america by the federal government and not by the states, so that immigration law means the same thing in all 50 states as it does in washington d.c. basically the court is saying, to those in arizona who are understandably unhappy with

the administration of immigration law by this administration, if you don't like it, vote them out of office, but don't try to change the law because you are essentially without authority or sovereignty to do that. bill: one part of the law that stands, though, judge if the officer reasonably suspects the person is in the sue paoeuted states illegally during an individual stop or detainment, that apparently still stands, and the point that shannon bream makes there is now you're going to see when an officer does this what court of a court challenge comes from that. >> you'll problem below see a court challenge the first time the officer does that. bill: in all likely hood you're right. based on what we've heard from the court today does something like that stand or not? >> it's unclear from reading the opinion, it's about 125 pages, bill, it's been out for about 15 minutes, it's unclear from reading that if the ninth circuit injunction, that is the order issued by the court ever appeals preventing arizona from even engaging in this look um

up on a computer and see if the person is wanted by federal authorities for violation ever immigration laws still stands. will section 2b be automatically undone? i suspect that the supreme court is looking for a factual challenge in which a state court can decide whether or not the police are appropriately exercising this authority under arizona law. because if you look at it in a very narrow way the state of arizona basically said to police officers when you stop somebody see if they are wanted for other violations of law, you automatically do that. now you can see whether or not they are wanted by immigration authorities. the see if you are wanted, is an internal police function and the supreme court wants to see who it works out. the stop them because they look like illegal immigrants is what

they won't put a stop to. bill: now we wait to see whether or not that has a legal challenge. >> that means probably this afternoon in arizona someone will be stopped for jaywalking. bill: it may be 12 noon arizona time. >> someone could be stopped for jaywalking or dwi. bill: there are numerous states going through their own definition of this law. alabama, you think about georgia, there was a challenge in indiana, south carolina. does any of this today affect those laws in other states. >> yes, this opinion strikes at the heart of the alabama statute. i'm unfamiliar with the one in georgia, but i've read the one in alabama. both the arizona and the alabama statute presumed that where the federal government chooses not to enforce federal immigration law the states may stand in the place of the federal government and enforce the federal law as they, the states, understand it to be. today the supreme court has said, the states may not do that, no matter how well

intended their motives may be, no matter how burdensome is the problem with illegal immigration in their states, only the federal government can enforce in a traditional way federal immigration law. bill: a quick and pointed question, how is alabama different from arizona? or are you arguing that that doesn't even matter now? >> i don't think it matters after reading this opinion, because the lynchpin of what alabama and arizona did was the same. we are going to stand in the choose of the feds, because they are not doing their job. the supreme court has sadie finance tivoli, witsaid definitively, they may not do that. jamie: judge, the decision is by justice kennedy, does that mean anything? >> maybe he's having a busy week, jaime i don't know. jamie: he's traditionally the swing. >> he is the swing vote between the four liberal justices and the four conservative ones. we of course are all waiting and i defects this in your wonderfully delicious question,

jaime, we are wondering if he will be the author of the affordable healthcare opinion which will probably come down thursday. if he is he's having a very busy week. jamie: judge, don't leave town, all right? >> i'm here. bill: thursday, by the way is the last day for the supreme court opinions before they break for the summer. it is not clear, though, if thursday is the only day of possibilities for a decision. healthcare could come down tomorrow. it might be wednesday. but it will for certain come down by thursday of this week. judge, many thanks to you. we have more folks lined up to digest the immigration news. more on the supreme court ruling on senate bill 1070 when we continue right after this. 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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bill: breaking news from the u.s. supreme court. one of two significant decisions handed down regarding immigration. it was a challenge to challenge to arizona's law sb1070. it upholds the quote, show me your papers provision for the moment. but it takes it teeth out of it by prohibiting police officers from arresting people on minor immigration charges. this is how some of this is now being digested. steve king, republican from iowa is digesting it himself. sir, good morning to you. >> good morning, thanks for having me on this morning. bill: your initial reaction to this is what? you've been one of the leading proponents of cracking down on illegal immigration. is this a set back or not. >> first of all the most

important component was upheld. that is the reasonable suspicion component. the balance of these provisions as i try to digest this really says that the supreme court has expanded the constitutional directive that congress is in control of uniform naturalization policy. this goes beyond naturalization. immigration is not naturalization, but i believe the supreme court decision will broaden the constitutional definition of naturalization. that means we are going to have to authorize the states to be able to support the federal government and their enforcing immigration law. you can't have layers of government deciding i'm not going to enforce this law or that law or prohibit hem from doing so. this adds a preempt shopb to the states that i think also bodes ill for some of the other immigration enforcement. bill: that is understanding. i wonder if anything was settled in the end?

what shannon bream explained to us and judge andrew napolitano did as well there could be a challenge to the provision that uphold by noon today. coming out of arizona that would take it back to the courts and perhaps freeze any action at all on the provision that stands. and if that is the case what has been decided, if anything? >> well, that's true. not having read the decision, and no one has really had a chance to study it yet. i don't know about all the implications. remanding it back to the ninth circuit that makes me nervous, i'd like to know the specific directions. we may be starting all over again at least implying we are going to preserve section 2b. i think that will give states more confidence to go forward with reasonable suspicion laws as they have been holding back to wait for supreme court suspicions. bill: jan brewer is the governor of arizona, she has been in the crosshairs of this bill from the beginning.

she came out a decision. she says this is a victory for the rule of law and a victory for the 10th amendment all americans that believe the inherent right and responsibility of states to defend their citizens. after more than two years of legal challenges the heart of senate bill sb1070 can now be implemented in accordance with the u.s. constitution. do you agree with that statement, sir? >> it sounds -- it's more optimistic than i am, obviously. but i think she makes a central point and it's the one that i also made, an, the most important component event is supported by the supreme court. i'm glad there is a level of optimism. i certainly support that and i want to give the states more authority than is going to remain in the aftermath of this decision than they would have on a quick read of this decision we've seen today. bill: she says she is grateful for a legal victory in her statement. then she goes on in the fourth of four paragraphs, of course today's ruling does not park mark the end of our skwrourpb tphaoefplt it can be expected

that legal challenges to sb1070, the state of arizona will continue. i take it from your answer you agree with that also. >> i do, bill. i think there is something else to think about here. the obama administration has manufactured a new legal argument called the careful ballot theory. that's in their brief, it's in their case. and that covers these three section has have been struck down. in other words, they have said that if a state decides to pass or enforce a law that unbalances the president's idea of the balance between foreign relations under the secretary of state, homeland security, department of commerce, you name any cabinet position that is there that the states should not be interfering with that. congress gave no careful balance directive to the executive branch. this is another case of the presiden president refusing to uphold his oath of office. and that is part of this discussion here today too that i think needs to be threaded into

the dialogue as we go forward. bill: thank you for your time. congressman, republican out of iowa. thank you sir. if the officer reasonably suspects the person is in the united states illegally, that is the key section of 2b which has not been thrown out by the supreme court today. jaime. jamie: interesting new requirement for police there. we are going to have much more coverage of the supreme court's ruling on the parts of sb1070, those that stick, those that don't, talking to arizona republican congressman david swickert, he will join us next.

jamie: fox news alert and breaking news out of the u.s. supreme court today, of the four provisions the court looked at of sb1070, arizona's tough

illegal immigration law, one stands. annmarie mca invoice is a former federal prosecutor joining us now. good to see you annmarie. >> good to see you. jamie: what do you think the interpretation will be, the police officers now starting today can ask for documentation of anyone they stop, in fact they must under this law ask if there is a reasonable expectation that the person is illegal. will it work and will it be challenged immediately? >> i don't think there is any question no matter how perfectly the police officers deal witness there will even doubte doubtedly be challenges. i think they will come very quickly. i think arizona will be also cautious. the police i'm sure have been told to be very careful of how they apply this law, as they should be. jamie: and even though only one of the four provisions of this law stood governor jan brewer issued a statement saying that it was a legal victory for the state. why is this provision so helpful

in the state's implementation of immigration law? >> i think this was the most important provision of it, where they get to actually ask them whether they are here legally, or not, and the supreme court ruled that they then can let the federal authorities know that they have somebody who is here illegally in the country. this is important, to be able to now point out to the federal government, hey, we have people here who are here illegally, do something about it? do you want us to hold them. if the ra the federal government says yes we want you to hold them, they can hold them and it puts pressure on federal government to do something about it. jamie: that's real tricky. because the real point governor brewer had to bringing this and signing it into law is because she felt the federal government was not enforcing immigration law. and the court on the other three parts of this felt there was a

preemptive issue, that the federal government covered it. they could get into a head-to-head battle in furthering the practice of i will hraoelg immigration crackdown in arizona. >> certainly there will be more legal battling over this. there is no question about that. the decision isn't clear enough on this particular issue, because they did leave open, it depends how it's going to be enforced. and the supreme court actually said, we need to see how it's implemented before we can really make a decision on this. this is not the final word from the supreme court clearly either on this law. jamie: unfortunately it is for us. thank you so much for standing by. >> thank you. bill: congressman david schweikert from arizona is with me in the studio now. good morning. >> good morning. bill: your initial reaction regarding your state and your law is what. >> it's one of those you're trying to get your head around exactl exactly what it means to lose three of the provisions and

have the most controversial of the provisions upheld. are we back into another litigation cycle saying we can do this. but now we're subject to more litigation? bill: the governor of your state, jan brewer says the decision is a victory for the rule of law. she continues also a victory for the 10th amendment and all americans who believe in the inherent right and responsibilities of states to defense their citizens. where does this put your state now? >> well, it actually puts us in an interesting position. and this is important. i'm not sure the rest of the country understands what the federal government's failure has done to my state, done to my county, done to my community, the cost, you know, both from education and healthcare and incarceration. now what does it mean when you have a traffic stop, and the officer, with the proper due diligence is able to ask them, are you here illegally? i know that is a very controversial position but it also now allows the state i

believe to step in and do much of what the federal government has been failing to do. bill: we are trying to figure out how police implement this. what kwra*pb brewer says is we must use this new tool wisely. how have police officers been instruct he at this point? >> think of this. there are many items where a police officer has pulled you over for speeding, or some other infraction and they are asking for your license, they are inquiring into, do you have any parents warrants, there are other things going on? in many ways there already is the sort of box of structure that is already there for this. what is going to be interesting, though, is can we provide enough training and mechanics to avoid other litigation in the future on the subject? bill: david schweikert thank you. i know it was quick but thank you for hustling with us today. >> i appreciate it. bill: out of arizona the republican congressman weighs n. we have much more coverage on the fallout not just in arizona, but in states like alabama, and beyond. back in a moment. this is breaking news here on "america's newsroom." whoa.

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