you for being with us. make sure you tune in tomorrow night, live studio audience edition of "hannity". tomorrow, right here on fox. see you back here tomorrow. the o'reilly factor is on. tonight -- >> that's on me. where he fumbled the rollout. >> the president surrenders. and will make adjustments in obama care that he did not want to make. we'll have full analysis with megan kelly. >> you and your colleagues were constantly criticizing trying to underif you sa und und underfund it. >> one of the architects being a could you seeing fox news p is you vesub 1rer9inverting the ne. also tonight, do women make worse boxes than men?

caution. you are about to enter the no spin zone. the factor begins right now. >> thanks for watching tonight. the president capitulates. speaking at the white house, mr. obama once again said that the computer problems and other chaos surrounding obama care are his responsibility. >> that's on me. i mean, we fumbled the rollout on this health care law. there are a whole bunch of things about it that are working really well. which people didn't notice. because they weren't controversial. we always knew that these marketplaces creating a place where people can shop and through competition get a better

deal for the health insurance that their families need. we always knew that that was going to be complicated. >> if you always knew, why didn't you tell we the people who had no idea? instead, the introduction of obama care was sold for 3 1/2 years as a making any of septembmaking any of september government program with little down side. while the president continued to praise the overall law, he did address the overselling. >> we respect the pledge i made that if you like your plan, you can keep it. i think and i've said in interviews that there is no doubt that the way i put that forward unequivocally ended up not being accurate. it was not because of my intention not to deliver on that commitment and that promise.

we put a grandfather clause into the law. but it was insufficient. >> true. but for weeks, that was not acknowledged by you, mr. president. and only when powerful senators in your own party began ha introduction legislation to deal with health insurance problems did you respond. so in order to stop that legislation cold, the president is now saying this. >> insurers can extend current plans into 2014 and americans whose plans have been canceled can reenroll in the same kind of plan. >> and that of course will cause especially more chaos. let me see a show of hands. how many of you believe reenrolling in a canceled health insurance plan will be a fun adventure? anyone? buehler? going forward mr. obama is anticipating many more problems.

that was evidence wht when he s this. >> i said from the beginning i'm willing to work with democrats and republicans to fix problems as they a rise. in is an this is an example p we can always make the law work better. i will not accept proposals that are just another brazen attempt to undermine the overall law. >> that was a signal to republicans that the president will veto any attempt to repeal obama care. no matter what happens, no matter how many problems develop, true believers in afford able health care law like the president mwill stand by it. it's the greater good proposition that even if obama care is screwed up beyond belief, it's better for americans than what was there. >> i'm not a perfect man and i will not be a perfect president. but i'll wake up every single day working as hard as i can on behalf of americans out there from every walk of life who are working hard meeting their

responsibilities but sometimes are struggling because the way the system works isn't giving them a fair shot. and that pledge i haven't broken. >> well, the olded adage is careful what you wish for. all the king's horses and all the king's men might not be able to put obama care back together again. because it goes against free market principles. but more forptl limportantly, i depends on an efficient democracy to implement it. and in this case there isn't an efficient government bureaucr y bureaucracy. the question is doctor donwhy d intelligent people like the guy who designed obama care understand that. >> it's not the same as the insurance company saying you are canceled and now you're on your own.

did you foresee that happening? >> that is absolutely -- have canceled because -- >> that's in the answer. >> th you are not answering. >> they think the exchange is rising. >> sir, you're not answering. >> i am answering. their business decision says the individual market is dying, we'll go to the exchange. >> so when the president said if you like your plan, you can keep it period, you believe he genuinely believed that in his mind and that he -- >> the affordable -- whether yo irrelevant. >> i think i know my viewers and i think they think this is relevant. >> summing up, we can expect the president and his supporters like dr. emanuel to compromise on some small things. but not the overall obama care program which they will defend forever. to admit it's not good for the country would be to admit that

big country is not good. therefore, liberalism is not good. and that's what this is all about. next on the rundown, very controversial megan will be here. i'm nervous. and later men versus women bosses. we're coming right back. [ male announcer ] at his current pace, bob will retire when he's 153,

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continuing with our lead story, is obama care on the ropes. as we said last night, one of the architects of the health care law and megan got into it. >> this was not an environment which was hospitable to setting up the exchanges. you and your colleagues were constantly criticizing trying to underfund it and trying to make sure it didn't work. >> a lot of that krcriticism proved true. >> a self-fulfilling prophecy.

had anything to do with the roll out. but listen -- >> you were constantly attacking the law and you were trying to make it underfunded. >> okay. it was all our fault. >> here she is again. how on earth could fox news underfund anything? >> some how we messed up healthcare.gov, too. not once, but twice. >> dr. emanuel who is the brother of rahm emanuel and ari emanuel, he says we underfunded it. >> he was sort of going off the rails at that point. but this is my takeaway from that section of the interview. this is one of the cheap architects of this law. and raefther than just coming

clean, this is how it went down architects of this law. and rather than just coming clean, this is how it went down architects of this law. and rather than just coming clean, this is how it went down, there w it was blaming someone else including fox. there was a recent poll that said fox news is the most trusted source when it costs to information on the health care law. in the face of that, he says it's all fox news' fault. >> and i told you why, because it's not about obama care, it's about liberalism in general. this is his signature deal. but this doctor, to be fair to him, he didn't have anything to do with the rollout of the computer or anything. he's the big picture let's give health care to everybody guy. >> that's right. and he did say that he does believe they should have appointed a ceo to oversee health care and they didn't do it. >> yes, they did. kathleen sebelius. >> she's not the ceo. it's basically the medicare people running this. she has the title and that's it.

they didn't have an actual executive. from the president on down, they didn't have a ceo of a major piece of legislation that was remaking one-sixth of the u.s. economy. and a guy named david cutler who was the co-architect, harvard professor, he wrote them a written letter in may of 2010 saying you don't have the team in place to execute this. it's going to fail. >> you know how the government works, correct? the government works by departments. everything in the bureaucracy is headed by a department. so the treasury department handles this, justice department hams that, the defense handles this. health and human services handle obama care because that's health. ceo is kathleen sebelius. no, stop, kelly. >> no, she stdoesn't know anythg about the website. why didn't he find somebody who does? >> that's the key. sebelius was in place. she couldn't do the job. absolutely. to this day, she has no clue about any of this.

however, she's still there, right, with no assistants coming into sort all this out. >> let me make another point about ms. sebelius. she of course knew nothing about websites and that was completely bungled. but more than that, she is the one who put those regulations in place in june of 2010 that effectively eliminated the grandfathering the president was so relying upon. and for the president to come out today and say those democrats, it wasn't their fault, it's all on me because i did say they could keep their plans if they wanted to and they believed my promise is not true. it's in the true. because sebelius passed those regulations on her own in june of 2010. republican mike enzi said this will gut the whole gragrandfathg

clause and everybody voted against him. >> you know i'm always right. sebelius and obama never had a conversation about anything. would you submit that is -- >> certainly seems that way. >> so they don't talk about anything because president obama is bored with that. doesn't want to do that. president obama didn't read the law. he doesn't have anybody in the white house who will tell him anything contrary. all his guys are like martin van buren to andrew jackson. that's right, general, you're a genius, general. that's how the word came into the english language. okay. everything jack so that said, he went, yes, yes, yes. that's what's going on. president obama when he gets up there and says you know what, i thought it was this or i didn't know that and i thought -- he thought it about that. >> but it's not good enough. >> of course not. that goes to incompetence. >> am i the expert? of course not but that's why i

have a chief operating officer and you talk to those people who have the expertise. >> he dpts taidn't talk to anyo. >> apparently not. >> that's what i want the audience to understand. when he goes, well, i thought -- he thought because he didn't care enough. >> he had an obligation to find out. >> and ezekiel is the same way. these are big picture guys. pie in the sky guys. they're not computer guys. so that's how it came down. inefficient government. >> let me tell you, i know you talked about the proposed fix. there are a lot of problems with this proposed fix that they're fall back on. p. >> i just said that. >> and one of the main one, emanuel admitted last night that they were counting on those people in the individual insurance markets to move over the exchanges. and now the president has just given them at least a one year pass not to do that. and so the 7 million they needed

on the exchanges is looking worse than ever and if that happens, premiums sky rocket, exchanges could collapse. >> i have to mention this further. they don't care about running up debt. >> i'm talking about the implosion of obama care. people care about that. >> but they will fund obama care even if they don't have the money. they will keep it up. they will do whatever they have to. >> i'm telling you a serious question needs to be answered tonight and we'll do it on the show tonight about whether the president just effectively ended his own law. >> kelly is smarter than me in the law. she's a lawyer. >> he'll give me that one little area. >> just one. wie we'll hold miss megan over against her will because he want her to weigh in on two important supreme court cases. will women worse bosses than men? and whether boys should be allowed to play football. the factor coming right back.

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joining with now is medicga kelly. tell me about the supreme court case in iowa. >> the guy at the time tdealt t the person who bought the drugs tied. and he was brought up on charges of causing the man's death.dtie. and he was brought up on charges of causing the man's death.ied. and he was brought up on charges of causing the man's death. he wanted a jury instruction that he would not be found guilty if the heroin was just one of many things that led to his death. he was going on a bender. and he said if it was just a contributing cause, i shouldn't be found guilty. and the judge said, no, i'm not instructing this. if it was just one of many

causes, you can be found getity and the jury said he's guilty and now he's appealing. >> and he got 20 years. liberals in america, many of them say dealing heroin, meth, hard drugs, not a violent crime. there is always an excuse for them. i'm totally the opposite and i think the supreme court is very, very important. if you sell a substance, illegal substance, and that person dies, you the seller are responsible. you know the new york times and everybody else is nonviolent, nonviolent, oh, no. >> it's heroin. >> but i don't know if the supreme court -- >> it's not like codeine. >> i don't know if the supreme court will uphold it. you'll have at least four that won't. >> i agree with you. but they tend to be tough on crime. >> it will be 5-4. i don't see kennedy going over it. okay. and then there is another case in oklahoma, very, very controversial, where the state

government there wants women to have ultra sounds before they abort a fetus. and that's causing all kinds of problems.sounds before they abort a fetus. and that's causing all kinds of problems. they calls them the pro-choice industry, but they're not. they're pro abortion. they wants a many abortions legal as they can get. so where is this? >> without signing on to that characterization -- >> you'll argue with that? >> yeah, i am. >> you're going to argue with planned parenthood -- >> i know people who are pro-choice who don't -- >> i talked about the people bringing the suits. they want as many abortions as they can get in any circumstance. that's pro abortion group. this is the group that brought this suit against oklahoma. >> this of shem some of them do. the law required ultrasound for any abortion and required the doctor to read aloud what they had seen, heartbeat and so on. oklahoma supreme court found that was too burdensome.

anti-abortion law or one that places restrictions can't be unduly burdensome on the mother. they felt this was. a similar law was upheld in texas. so now one has been struck down in oklahoma. so it's unclear whether injure s injurerous brew tense [ injuries pru deps is going. but the women say they don't want to be reminded -- >> the supreme court decided what in oklahoma? >> if they take a case, they will decide whether this is unduly burdensome on women under planned parenthood versus casey which is the case that said you can place restrictions on abortion, but they can't be untuu unduly burdsomirdsome. >> so the state of oklahoma is

challenging the supreme court. >> they believe the highest court made the wrong -- i think the only two abortion cases that they have agreed to take so far, they don't like to take abortion cases. >> no, they don't. >> when they do the landmark cases, they have to make big sweeping judgments. right now oklahoma can't do this. >> but texas can. >> it's a state's rights issue according to a lot of people. >> should the decision be made at the federal level? >> we'll see. >> if they boot it back and don't take it, that means that the federal intruded on the state. but just one state. doesn't make any sense. >> the question is does the u.s. constitution prohibit this law. >> no.

>> if the u.s. supreme court doesn't want to weigh in on it, it becomes a state's rights issue. >> all right. heg megan kelly, watch it after the factor. next, outrage from us pam ca (vo) you are a business pro. maestro of project management. baron of the build-out. you need a permit...

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we is five letters viewers

want to vent. here to help us out, and here is the first letter. dennis lives in california. after almost getting side swiped on the freeway, i'm mad as hell. the driver was be lolooking dow texting. i'm fed up. what is being done about it? >> 41 states around the country ban texting along with washington, d.c.. but out of that, six states actually have a ban that targets team or novice drivers. and says that anyone under 21 just cannot text at all. >> what i found interesting here, that arizona, mop tap int south carolina have no laws at all about texting, talking on the cell phone, falling asleep or watching the nfl game. we have to protect people here. i can't understand why every state doesn't have -- and real tough penalties like $1,000 fine

or something like that. >> at the maximum, alaska, for example, can fine up to $10,000. >> way to go alaska. >> on the low end, california with $20 a pop. >> second letter coming from samantha in new jersey. i'm mad as hell that being on the right in college is so digt. i cannot voice my opinion in class without my grades sufferinsuffe sufferi suffering. i had a professor who gave me a c. nothing i can do about the grade, but i between wridid wri article after the class was done. >> and this happened to me in college, too. liberal professor, majored in

plit si plit si political science, as w. i talked about my concerns about society growing up on a welfare state, apity po anti-poverty prd they said it was not -- >> did you get punished? >> i got b-minus minus. >> if any college kids are watching, bring to the academic disciplinary committee. there is one in every college. third letter, adrian, roanoke. my city spent a small fortune on bike lanes these nuts don't use and when they do, they don't adhere to the same traffic laws. here in new york city, we have bikes in the streets that you can grab. what is that all about? >> it's called city bike. it's a new program that started back in may. what goes on is that for $99 a month, you can represent these bikes and have 45 minute rides. >> 45 minutes, $99 a minute.

use your credit card. and if you steal a bike, how do they know? >> that is on a gps system. >> so they're tracking you. and what happens, if you're 47 minutes, a rave electrrray of e hits you? >> you gget a warning. this brings in a lot of money. and taxpayers are not on the hook. 4.5 million people have used it so far. >> no way i'd ride a bike in new york city. with knows cab driver out there? >> i know. >> letter number four, robert from florida. companies that put you on hold and repeat every 15 seconds thank you for waiting your call is important tos. it's not that important or somebody would pick up. way to go, robert. s. it's not that important or somebody would pick up. way to go, robert.us. it's not that important or somebody would pick up. way to go, robert. those companies just want to

save money. i try not the to do business with that one. finally, stores opening on thanksgiving day make me mad. this one i disagree. no one is dragging you to the store. if they want to open on thanksgiving -- i'm not going. are you going? >> not on thanksgiving. >> but if it's open, does that tee you off? >> it's a little frustrating sometimes because i think the magic of the holiday should be very special thanksgiving should be separate from christmas. >> make it magic in your home. does it have to be magic at macy's? >> no, but to your point, the holiday shopping season is also secti six days shotte eshorter. if you're mad, you can let us know about it. thanks very much. when we come right back, obama care ads promoting promiscuity.

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weekend review tonight, advertising controversy over obama care. take a look at a young woman holding a packet of birth control pills standing next to a young man with his shirt untucked. the text reads, omg, he's hot. let's hope he's as easy to gets a this birth control. my health insurance covers the bill which means all i have to worry about is getting him between the covers. i got insurance. now you can, too. thanks obama care. really? joining us now from washington to reagent, miss laura ingram. first of all, who paid for that ad? >> they say it only cost $5,000 because it just went online and it wasn't television or radio advertising. but this group called progress now and this other group called cchi, which is colorado health initiative and the two progressive organizations that do a lot of social media and their goals are to thwart the

right wing agenda in colorado and to offer a progressive counterpoint when it comes to all media relations on policy issues. so that's their goal. if that was your daughter, wouldn't you be so proud? she goes to college, graduates after four years and her sfifir job is to be the obama care model in colorado. >> i think it's a subversive thing designed to get on the o'reilly factor. as you said, they it does open f should americans be paying for other people's birth control. the answer of course not. if people want to be generous, they can donate to planned parent hood. there are lots of clinics that distribute these things free.ho. there are lots of clinics that distribute these things free. and the message of promiscuity, it's like, okay, here we go and -- >> all we have to do is do a

litmus test. is this something -- even though this isn't the federal exchange, this is the colorado exchange, but i wonder what president obama would think about this. >> he wouldn't like it. >> he probably w50ouldn't like s daughter behaving in this fashion. but it's not just about the old war on women theme. this is humiliating for liberal women, right? now we're supposed to believe that if you like obama care, if you'll take advantage of obama care, then i guess you're willing to hop into bed with any guy who -- >> let be being's be accurate. that's a cardboard cutout of ryan gosling. to doesn so doesn't make for good conversation. >> it's a war on women's logic. >> let's talk about the war on

women thing because i think we'll see this with the hillary clinton deal. do you think the war on women will be one of her main themes and be made fun muof her pant st or whatever? so i think that the war on women will take a very, very big position in the presidential race in 2016. do you agree? >> i think they will try to revive it. it's really all they have. the record is terrible. the economy is not growing. jobs aren't there. obama care is a disaster. climate change didn't really go anywhere. the whole administration lost credibility. they will probably lose senate seats, probably lose house seats in 2014. we'll see. but so what else do they have. they can't really argue liberal policies work because they're not working. so they will go back to the of republicans. when you look at what republicans were saying before obama care passed, we were

saying there would be doctor short ams, th age shortages, that the government isn't capable, that it inhi-hin the doctor/patient relationship. all of it has come true. they have tried to demonize the republicans who made that point. when in fact we thought it wouldn't work. the demonizing only goes so far and i think the war on women's jobs, the war on women's common sense, the war on women's retirement, i'd turn that away if i were the republicans on the democrats on every issue that they try to hit us on and say the real war has been on the prosperity of women and small businesses in the united states. and that's the war you you carried out. >> you could make that point, but you have to understand that this is going to be nasty to the nth degree. it's not only a war on women, there will be a war on the poor because if you want to cut back on entitlement spending, you'll have a war on them. a war on hispanics.

>> they made life worse for hispanics. >> you're talk about analyzing facts. that won't happen. it will be a war on black people, war on hispanics, war on poor, war on women. >> the latest polls out are showing that there is a shift going on. we'll see if it lasts. but there is a shift going on. the anxiety level in the american public right now in that vast middle class and lower middle class is really at an all-time high. and i think it will be hard for hillary clinton who also said you can keep your plan if you like it back in '07 for hillary to try to distance herself from all of this. i think it will be very hard. >> miss laura ingram, everybody. should american boys play football? and are women worse bosses than men? hide the kids. if you've got copd like me, hey breathing's hard. know the copd includes emphysema and chronic bronchitis.

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back of the book time. what the heck just happened? new survey says americans prefer a male boss over a female boss by 35% to 23%. 41% don't care. back in 1953 when the question was first asked, 66% of americans wanted a male boss, just 5% preferred working for a woman. here now to explain all of this, the brains behind the imus operation. all right. did you ever work for a woman? >> i just question the whole survey. it's so head hetero sexist. we're so bogged down in categories, it makes me sick. >> maybe you didn't hear me.

tougher work for a woman? >> i would say my wife, yes. but can i make the point women prefer male bosses more than men do. that's the interesting part of this survey. which means that is the politically incorrect part of the glass ceiling. some of the women are responsible for it. >> did you ever work for a woman? >> i have worked for a female boss, yes. and in my experience, and my research, and i took a psychology class in college, so i know what i'm talking about, there are a couple of factors. age andattractiveness. you want someone older, paternal, maybe maternal. you don't want someone your age bossing you around. or some younger dude, sonott overachiever. you don't want sexual tension. if i want to get bossed away and slapped around by a woman, i'll get a leather mask and go see a dominatrix or go home to my

wife. >> let me just stop you. all of this might not be good in the job interview. you see, you might just want to -- so i'm going to distill it down. you've worked for a woman and has mixed feelings about it. >> iit. >> i want an old, ugly dooly du >> everyone knows about concussions, bad behavior. a very good sports writer said this. go. >> now the view that's emerged from the dolphins locker room goes beyond that and suggests that modern football is so violent even thuggish that it can damage your soul as well as your brain. how many more parents will keep their sons out of the football locker room under the assumption that there are better ways to learn to be manly? >> okay. i have to confess to you guys that when i watched the jets game, my soul doesn't hurt.

i don't know if i'm damaging it or not. i played football. >> of course. notre dame, right? >> i'm not the guy -- the head injuries, you know. we have been able to parlay unclear thinking into an empire. that's the why america is great. if you had a kid, a boy, would you let him play tackle football? >> what else is there to play? soccer? >> yes. baseball, hockey, basketball. >> what happened to sports writers? when i was a kid it was a drunk -- >> that was fictional. >> now there are opinionators. >> i hate those guys. >> play a musical instrument. it gets the girls. >> if you had a young son -- >> pointless question. >> if you had a son, which is more likely than gutfeld. >> true. >> would you let him play tackle football?

>> i would discurrently him. >> -- discourage him. >> and you work for imus. >> i'm a sensitive dude. there are a lot of things, concussions, michael vick, ben roethlisberger. this will pass as well. >> it's big business. if my kid wanted to play football i would let him. i discouraged the daughter. for me it imposed discipline. just to play at the college level you had to show up for practice. wasn't easy and you got hit. if the boy wanted to play, i wouldn't say he couldn't play. >> i wouldn't ban him. i would discourage it. >> why? you don't want him hurt? >> the injuries. the concussions. try to steer him in a different direction. >> any way to get him out of the house. just get him out of the house. i don't care what they play. >> just get out. >> right. stay out. >> this will pass. the allure of the friday night

lights, glamour, money, cheerleaders. >> it's ingrained. at least we have helmets. rugby players don't. >> did you ever interview a rugby player. >> it's an interesting sport. the soccer players are getting concussed because they hit the ball with their head. no escape. >> my daughter is a volleyball player. she suffered a mild concussion a couple of weeks ago. >> there you go. >> you can't escape it. >> you didn't answer one question, gutfeld. >> i have a mild concussion right uh now just from this segment. >> factor tip of the day next about snacks. moments away.

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well priced also. if you want signed copies of killing jesus, killing kennedy, killing lincoln get your order in while my hand is still operating. all the money from the website goes to charity. if you are a premium member on billoreilly.com you get your choice of books free. i just gasped that 75% of african-americans still approving of president obama's job performance. are they brainwashed? >> some bloacks believe government subsidies are fair. denise from nashville, tennessee. you gave kirsten powers a pass. you should have raked her over the coals about supporting obama care. she played you. i don't think so, denise. i won the debate. kirsten admits liberalism has been badly set up. no need to involve coal or another fossil fuel.

global warming, you know. i'm a conservative but think kirsten is the most honest commentator on cable news. karen from maryland. good for you, bill, trying to define president obama's spiritual pleefs. looks like he spends more time on the golf course than in church. >> that's more common than you may think. durham, north carolina, mary johnson. you told the president's spiritual adviser you don't proselytize. then you say secularism is a recipe for unhappiness. i said folks who live just for themselves are often unhappy. i'm happy. i said that because it's true. nick from century, florida. since dennis miller turned 60 perhaps the show in vegas should be called two ohgeezers at caesars.

since we have sold out the palace two years in a row they can call it anything they want. steve johnson, north dakota. miller's mind must be a wondrous and frightening place. we'll never know, thank god. from hong kong. you said that the romans has to kill jesus to keep control of the jewish population. as i recall it was jewish fa pharisees. >> they couldn't force the administrator to do anything. pilot made the call. finally tonight, factor tip of the day. one of the reasons so many americans are over weight is we snack like crazy, consuming sugar and salt all over. when you're hungry, celery, not going to cut it. sometimes we need comfort food. i was reading a publication called bottom line. a doctor said sometimes when you feel hungry, you are really thirsty.

he recommends before grabbing a snickers or whatever you drink water. often the hunger goes away. the craving for the snack. but not always. so try the water deal. if you're still hungry, grab something that tastes good and limit it. you know, i've got the haagen-dasz ice cream thing. you can't have it more than twice a week though. if you want to keep the waistline. try the water thing. factor tip of the day. that's it for us tonight. check out the fox news factor website, different from billoreilly.com. we'd like you to spout off about the factor. o'reilly@fox news.com. name and town, name and town, name and town if you wish to opine. word of the day, a historical reference here. do not be a visigoth when writing to the factor. if you know who they are, very

impressive. if you don't know, look it up. we do not want you to be one. thanks for watching tonight. ms. megyn is next. i'm bill o'reilly. the spin stops here. we are definitely looking out for you. breaking tonight is the president's health care law imploding? welcome to "the kelly file." i'm megyn kelly. after months of contentious debate about a health care law that would remake one-sixth of the economy over the objections of more than half the country. after a sharply divided supreme court decision upholding the law and over 40 votes in the house to repeal the law which passed with zero republican support the president himself today under intense pressure calls for a change that could potentially be the beginning of the end of obama care. tonight the president is in pennsylvania attending a private fundraiser. hours ago he faced the american people and announced the so-called fix f