major victory for the white house. they must be dancing there today. i'm jon scott. >> i'm jenna lee. we're awaiting a statement from president obama from the white house at bottom of the hour, 11:30 eastern time reacting to second supreme court ruling to uphold the affordable care act. highest court in the land ruling federal subsidies are legal in states that did not set up their own healthcare exchanges. chief justice john roberts writing majority opinion siding second time with his liberal colleagues to uphold the law. dissenters were justices scalia, alito and thomas. shannon bream is live at supreme court to catch us up what we've seen shannon? >> reporter: jenna, it was a 6-3 opinion. the chief justice writing opinion joined by justice kennedy. four considered left lean on the bench to uphold the subsidies. here is what the chief justice said in the writing meaning of the phrase, exchange established by the states may seem plain when viewed in isolation but the

reading turns out to be untenable in reading the statute as a whole. in this instance the context of con truck tore of the act compel us what would otherwise be the most natural reading of this pertinent statutory phrase. people who argued bense this awarding of subsidy the four words are plain. the chief says not so fast. the credits are necessary for federal exchanges to function like their state exchange counterparts and to avoid calamitous result that congress plainly meant to avoid. he first found the four words were ambiguous. went on to do broader analysis of the law. if we don't uphold subsidies going into the states that didn't provide exchanges despite plain words of statute were undercutting purpose of the law. here is how it started out. when the exchanged was

established by the state they mean established by the state or federal government that is absurd and the court's 21 pages of explanations make it no less so. he ended with this tax created available only on the exchange by the state. but this court ruling would have prevented the act but rewrites the law it to make it available. we should scall that scoutus care said justice scalia. >> a quick addition as we read through scalia's descent as well. i want to read a license plate

number talking about obamacare and the state of the supreme court has well. here is what he has to say: the case is published forever, the discouraging truth that the supreme court of the united states favors some laws over the others and it is prepared to do what it takes to uphold. as you have seen so many arguments coming from the supreme court is this the typical descent or something back and forth or different? >> sometimes it is more polit but when justice scalia is fired up we find them to be entertaining. he gets colorful and does it inside. the nine of them are sitting on the bench inside a court. the person reading for the majority opinion reads first and generally that is the end of it. on somewhat rare occasions if the justice is fired up enough,

he will request to read it from the bench and that is what he did today suggesting he is passionate about the position and thinks what the chief justice is doing in upholding obamacare and the subsidies that underpin it suggest there are other cases going through hoops to uphold the law. he is suggesting it is hurting the long term legacy of the court and that reflects on the chief justice as well. we know he is someone who is aware of his legacy and where it may go on the years he is gone from the bench. so i think justice scalia taking that task and suggesting to the majority you got it wrong and you are upholding the court better than the others. that is his way of saying i know you are worried about your legacy and when you hold the the law like this it hurts the long

run. >> you have the health care law they were tackling and the question of judicial acquisition. chris wallace is joining us now. chris your reaction to the ruling today? >> it is interesting. it is a big victory for the president and big defeat for republican critics of the law but it may be a bullet dodged for the republican critics because as pointed out if the court struck down the subsidies through the federal exchanges you have seven-eight million people depending on those and it would have been up to the white house to change -- republicans to change it.

er in the washington post they had half a different plans being offered. each one was different and all called for major concessions like doing away with the individual mandate or employer mandate. the white house said they would veto those and there are a lot of republicans that are disappointed but relieved they don't have to take the brunt of arguments by hillary clinton that they were responsible for eliminating this subsidy for million millions of people. just as we move to what is next when it comes to the law. is this the final hearing for this law? will the others be political? >> some say this is political but in terms of legal challenges

there will be more. we have a big debate about the contraception mandate with the little sisters of the poor case as to whether or not the obama administration can require religious affiliated institutions like schools or hospitals have to provide insurance policies that include birth control or early abortion medication. i am not sure it is going to be as broad based of a case like this the court will have to take up. there is a sense now for republicans to say this law

sucks and you have to change it. >> do you expect the party does come up with a general basic plan or do you think having a different plan out there but are not salient is more beneficial? >> in the debate you will see the republican candidates all offering a different spin. there is more of a market place being able to buy it across party lines, or health savings accounts but you will have to

wait for a republican nominee for president, he or she is going to need a plan to take to the country and say i think obamacare is wrong and here is my idea here is how i would provide insurance to those millions of people this plan. >> we expect the president to speak in 20 minutes. what are you going to be watching for in his statement? >> i suspect he will do his best not to crow about this. he is going to commend the supreme court for reading the law the way he will say it had to be read and i will suggest he is spending time to end obamacare and get behind the plan and make it work and he will talk about what he sees is a success. i am not saying it will solve everyone's objective but i think that is what he will say. >> chris we will see a little

later on in the program. thank you. >> let's bring in david. and let's start with the four words at the center of all this obamacare, the law says is available to patients who are enrolled through an exchanged established by the state under section 1311 under the affordable care act. justice scalia is suggesting the supreme court is playing favorites and one of the things he says is that term established by the state appears twice in the bill and five more times in other parts of the act. what are the odds he said the same slip of the pen occurred in seven separate places. interesting but it doesn't matter. it has been upheld, david.

>> that is correct. this is at least the second time the supreme court in a sense decided obamacare meant something other than what the text said. the roberts court said the mandate was attacked even though democrats and the president were clear that the mandate was a mandate and not a tax increase. >> if there is a republican in the white house things could

change because you have republican majority in the senate and house. governor jeb bush said he is disappointed. marco rubio said he doesn't agree with the decision and thinks obamacare is bad for america. rand paul says the decision turns the rule of law and common sense on its head. republicans, as chris wallace pointed out, republicans might be relieved it doesn't fall on their shoulders to fix this but in a new administration there could be changes to this law. >> we wrote republicans are disappointed as a matter of policy and i think conservatives are concerned about what it means for the supreme court to decide it knows better than congress and what congress meant to write. as a matter of politics the

republicans were not unified about handling a situation where millions could have lost subsidies and not be able to afford the insurance the government is forcing them to buy. if a republican is nominated in 2016, they will have to run on replacing obamacare and they will have to deliver or it will be another read my lips moment. so you will see intense action for that to happen. >> 6-3 was the court discussion but the american people are more split. people are deivided on whether it is not. when asked about the health care law and if they feel it is working 48% feel it is working

and needs minor fixes and 58% say it needs a major overhaul or needs to be repealed. the good news there is those numbers have been declining. it was a helping people get used to it or people think it is working. >> i am curious to see where they are over the next few months. we have seen this before republicans are beating the heck out of obamacare and the affordable care act. everybody is resting and they stop screaming and the numbers improve slightly. curious to see what happened

. >> reaction is pouring in and rand paul is joining us moments from now with his reaction.

>> we are awaiting a statement from president obama after the supreme court ruling up plea holding a key provision of obamacare, the federal tax subsidies for millions of americans who live in states that didn't setup their own health care exchanges and the president was critical for taking up the state now they decided in his and the administration's favor it will be interesting to hear what the president has to say in 12-15 minutes from now. governor mike levitz former hhs secretary and former governor of utah, in your view, what has the

supreme court done here? >> they confirmed the status go. quo. there will be another 6-18 people enrolling and 16-18 and that number will continue to grow over the course of the years. >> do you think that is a good thing? >> i think it is a good thing people have insurance. that is a widely held american aspiration. the problem that republicans have is it is involves the government so deeply with the subsidies there are more expenses than the government can afford and more government than they would like to have involved. the question before the supreme court was narrow and had nothing to do with the

constitutionality. it was whether congress intended to do anything and the state considers the question. they have ruled. it doesn't mean the controversy ends it will continue and just be legislative. >> i am curious about getting your opinion on the advocates of the law point to the number of people signing up and we have 10 million people or whatever the number is signed up under the affordable care act but you have to sign up or you pay a fine right? >> yes, and i don't think peep should be surprised people are signing up for money coming from other people. that is what a subsidy is. >> former health and human service secretary and former governor of ut had -- utah

thanks for joining us. >> new reaction from republican presidential candidates. rand paul says the decision turns the rule of law and common sense on his head. he is proposing real solutions to health care and what are those solutions? we will talk to senator paul next.

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>> with more reaction from the supreme court ruling is rand paul kentucky senator and republican candidate for president. we show you the rose garden where we expect the president to speak five minutes from now. i would like to address something head on with you because we heard reports over the hour since the news broke

that somehow gop lawmakers are breathing a sigh of relief because the decision alleviates them having to produce a solution for a ruling. what is your reaction to that? >> as a physician and republican senator i am at odds with this. i wanted to supreme court to rule in the correct faction, strike down part of obamacare and give us the leverage to bring it back up and try to get rid of the worst parts of obamacare. i was looking forward to the opportunity of getting rid of the worst parts of obamacare. >> you have said it was your mission to repeal obamacare. jon showed a poll showing 50% of

americans who liked the program. what is your response to repealing it? >> i think most americans would like to chose their doctors. but also if americans were presented with the opportunity of would you like to be able to chose to buy inexpensive insurance. a lot of people don't realize obamacare makes it illegal to buy inexpensive insurance. if you want insurance that only covers a catastrophic avapidity vent you are not allowed. >> as we have taken the second ruling that supports the law for the country what is next? where do you go from here? >> we will continue to promote alternatives to obamacare and the only way to do that is if we

get the election. we will run on giving patient's choice expanding health savings account, legalizing competition and legalizing less expensive insurance plans and more and more americans are going to wake up and find their premiums are rising and their health care quality is going to go down and their ability to chose their own doctor is being taken away and i think people may wake up saying we are tired of obamacare and we would rather try freedom and competition and choice. >> did you believe that is average subsidy given is $270 when they are given that much to support the plan it is hard enough to pick the plan do you think that is enough to them to go through the hassle of changing it? >> a lot of people get a subsidy but they get an insurance product that has a $6,000 deductible pause the government

gives you $272 that still makes health insurance beyond your grasp. i think people will finally understand maybe i didn't get anything of value. and maybe some have not gotten subsidies but medicaid. we have expanded medicaid in the country and someone has to pay for that usually through higher taxes and less jobs. >> we look forward to having you back about your solutions and host of other issues on the campaign. >> repeal and replace seems to be the watch word on the republican side. we are waiting a statement from president obama who is going to be aemerging from the white house reacting to the supreme court upholding his law. back to the president in just a

moment.

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he say? >> we just got the two minute warning so he is coming out in moments. two seats in front of me is the defendants in -- i am sorry the head of the health and human administration is in the front seat. we have heard so many statements coming from declared and undeclared presidents bat -- battle. he said it has driven up the cost of health care in iowa and we heard from bernie sanders who is challenging hillary clinton

and wants this to be a single-payer and medicaid and medicare for all despite what happened in his own state where the governor of vermont through aside the system because it was not attendable. and chris christie said this decision turns common language on its head and governor perry said this has been turned on its head. this is a proud moment for the obama administration make no mistake. another thing it does is spare an intraparty fight within the republican party in the house because there are those who want to do a patch work system that cover the uninsured. here is the president. >> good morning everybody. five years ago after nearly a

century of talk, decades of trying, a year of bipartisan debate, we declared in america health care is not a privilege for a few but a right for all. over those five years, as we worked to implement the affordable care act there have been successes and setbacks. the setbacks i remember clearly. but as the dust has settled there can be no doubt the law is working. it has changed and in some cases saved american lives. it set this country on a smarter stronger course and today after more than 50 votes to appeal or weaken this law. after a presidential election based in part on preserving or repealing this law. after multiple challenges to

this law before the supreme court. the affordable care act is here to stay! this morning the court upheld a critical part of this law. the part that made it easier for americans to afford health insurance regardless of where you live. it is the partisan challenge -- if the -- millions of americans would have had thousands of dollars worth of tax credits taken and insurance would be unaffordable again. everyone's premiums could have gone up. america would have gone backwards and that is not what we do. we move forward. today is the victory for hard working americans all across the country whose live continues to be more secure in the changing economy because of this law. if you are a parent you can keep

your kids on the plan until they are 26. something that covered millions of people so far. if you are a senior or american with disability this law gives you discounts on prescriptions. something that saved 9 million americans $1600 so far. if you are a woman you cannot be charged more than anyone else. even if you had cancer heart disease or are a woman. your insurance has to offer free preventive services and can't place annual or lifetime caps on your care because of this law. because of this law and because of today's decision millions of americans who i hear from every single day continue to receive the tax credits who have given eight or ten people the choice of health care plans that cost

less than a hundred dollars a month. when it comes to pre-existing conditions some day our grand kids will ask us if there was a time when america discriminated against people who get sick because that is something this law ended for good and that affects everybody with health insurance. not folks who have insurance through the affordable care act. all of america has protections it didn't have before. the law's provisions have taken affect and more than 16 million uninsured americans have gained coverage. nearly 1-3 americans who were uninsured a few years ago is insured today. the uninsured rate is the lowest in america since we began to keep records. that is something we can all look forward to.

the price has slowed to the slowest growth in 50 years. if your family gets insurance through your job and you are not using the affordable care act you are paying about $1800 less per year an average than you would be if we had not done anything. my one leading measures, what business owners pay out in wage and salaries is finally growing faster than twhat spend on health insurance. that hasn't happened in 17 years and that is good for workers and the economy. the point is this is not an abstract thing anymore. this is not a set of political talking points. this is reality. you can see how the law is working. the law is working how it is supposed to.

i have had moms come up and say my son was able to see a doctor and get diagnosed and catch a tumor early and he is alive today because of this law. this law is working. it is going to keep doing just that. five years in this is no longer about a law. this is not about the affordable care act, its legislation or obamacare as a political football.

this is health care in america. and unlike social security or medicare medicare a lot of americans still don't know what obamacare. there are people benefiting from the law but don't even know it. and that is okay. there is no card that says obamacare when you enroll. but that is by design. for this has never been a government takeover of health care despite cries to the contrary. this reform is a set of fairer rules and tougher protections that made health care in america more affordable attainable and more about you; the consumer. the american people. it is working. and with this case behind us

let's be clear we have work to do to make health care in america even better. we will keep working to provide consumers with the tools you need to make informed decisions about your care and bigger problems down the road. we will keep working to boost the quality of care in hospitals bring down cost even lower and make the system work even better. already we have seen reductions for example in the number of readmission to the number of hospitals. that saves societies and families money and makes people healthier. we are making progress and will work to get more people covered. i am going to work as hard as i can to convince more governors to take advantage of the law, put politics aside and expand medicaid and cover their sitcitizen

citizens. we have states out there not covering millions of people they could be covering despite the fact the federal government is picking up the tab. we have more work to do. but we are not going to unravel what has been woven into the fabric of america. my greatest hope rather than keep fighting battles that have been settled again and again i can work with republicans and democrats to move forward. let's join together and make health care in america better. three generations ago we chose to end an era when seniors were left to anguish in poverty.

we passed social security and it was woven in the america and made a difference in the live of millions of people. two generations ago, we chose to end the age when americans didn't have to guarantee of health care. medicare was passed and it helped millions of people. this generation of americans chose to generate the job turn the page on a past where citizens could be denied coverage for being sick close the books on history where tens of millions of americans had no hope of finding decent, affordable health care and had to hang their chances on satan. we chose to write a new chapter where americans are free to change jobs start a business, chase an idea, raise a family, free from fear secure in the

knowledge that affordable health care is there for us and always will be. if we get sick we will not lose our home. but if we get sick we will still be able to look after our families. that is when america soars. when we look at out for each other,

that is what we do. this was a good day for america. let's get back to work. [applause] >> president obama takes a bit of a victory lap over the supreme court upholding of the obamacare law. the king -- you heard the president saying it is settled law. trying to make america better and drop the argument. >> we have two guest here to talk about this with us. it is great to have you both

here. as we continue to digest the news the quote from the president is that this health care law has changed her saved lives and the affordable care act is here to stay. do you agree at this point? >> at this point i don't think we have more existential lutes against obamacare. this case like the one three years ago, did not challenge federal power. it challenged the irs rewriting the law to provide tax credits illegally as the challengers alleged alleged. >> if you look at the report from medicare for example both of the programs are marching toward insolvency. is that a good point to make?

>> i think the court held congress passed a law that works. the system doesn't work when people are waiting until they are sick to get care. >> there is the question about the cost and part of the question with the solvency of the programs and why tackling the issues with the comparison the program that could be insolvent in a decade. you did the report for the economist what about that?

>> i think there would be a high cost on society and individuals because something like eight million fewer people would be without insurance and the premiums they would pay or their ability to pay would be decreased significantly. it would be worse. >> what about the question of questions about social programs and solvency? you say we have to shift the conversation, critics do and look at fixing health care within the system that exists. where do you begin? >> i am not talking about staying within the systems and huge problems. i am not a health care expert. i am a constitutional lawyer. we have to remember that this case is not challenging and making things cheaper and better. the question is the law as written the challengers wanted to enforce and only providing

credits for people that live in states with the exchanges. the court said john roberts admitted the most natural reading is a state exchange not a federal one but they allowed the irs to take more power for itself. lots of people have lots of ideas and that is a conversation and we should have had that five years ago rather than ramming through this unfinished program and unworkable program without the supreme court continuously rewriting it. >> another quote from justice robert he wrote the affordable care act contains a few examples of in artful drafting. more on what this means for every day americans now we have this ruling. what does your health care look like? we will talk about it next.

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>> the supreme court up holding a critical decision in the affordable care act decided 6-3 to uphold the federal subsidies for more than eight million americans. former attorney and prosecutor is here does the president, as it thinks, it is all settled? >> it is settled. it has been through the courts and there may be some issues but the constitutionality of the law is done and over with. if you don't like the law, rewrite the law, that is the way it works. they looked at this saying what was the overall intent of

congress and they came in my opinion i said this from the beginning to the ultimate right decision. if you don't like it change the law. >> that could happen under another administration or future congress. >> certainly. the problem is this is a political issue not a legal issue. i am an attorney. when i read this and what is established by the state, it will make no sense because the law wouldn't have been implemented. all laws are not written perfectly. it was clear what the intent was. if you don't like it don't make a political process out of the supreme court court process, change the law.

>> it was said the supreme court is taking sides and doing whatever to make sure obamacare leads. >> i love justice scalia but i respectfully don't agree with him on that. we have to respect the rule of reason. what was the congress intending to do here and if we can gleam what congress was intending to do they are allowed to modify or if you will rule in a way that is consistent with what congress did. we don't want to be in a scenario where a word is wrong or a comma. i have to disagree with him on this one. >> questions about activism are

emerging. scalia has a scathing descent. we will get into this during the next hour of "happening now."

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technology to connect you to the people and places that matter. >> this is a fox news alert on the supreme court win for obamacare. the subsidies were upheld by the supreme court. today's #oneluckyguy from dc is ed henry and he is outnumbered.