outnumbered overtime. fox news.com. i like to call it true confessions. we'll see you back on tv tomorrow at noon eastern. "happening now" starts right now. >> a co ruling from the supreme court upholding the president's health care law. justices deciding federal subsidies are valid, even in states that did not set up their own exchanges. i am jon scott. >> i am jenna lee. the debate turning on who's eligible for tax credits when buying health care insurance. and a short time ago, the president called the ruling a victory for all americans. >> today after more than 50 votes in congress to repeal or weaken the law and presidential election based in part on

repoling the law and multiple challenges before the supreme court the affordable care act is here to stay. >> and shannon bream has more. shannon how did the court arrive at this decision? >> reporter: the critics say that the subsidies would only go to states that set up their own exchanges. that helped people to afford the mandatory health insurance. and the chief justice said listen, it is a broader review by the court and in that respect he went on to say, we know the overall intent of the law making sure all americans had access to health insurance. gutting it would have calamitous results. >> they are interpreting the law as congress intended and not ingesting themselves as they had

in certain cases on the left and right. >> reporter: it is the similar language we heard in 2012 upholding the obama health care law. democracy is about the people. all we do is interpret them and you don't like the end results, go back to the people who voted for it. >> an interesting point. we hear someone on a microphone behind you. what is going on. >> reporter: we have had protest. a lot of people hoping to get the same- sex marriage case but they joined forces here and excited about upholding the subsidies. and we have others that are not happy about the ruling and the court celebrating was chanting hail roberts. he's responsible for saving the law twice. and he is based on his vote.

he has a lot of fans outside. >> it sounds like what happened inside of the court when there was a dramatic split on this. >> reporter: yes, there was. dissent was offered by schedulia and joined by thomas and alito. he said you have done gymnastics andsomer salts and what you have done is read something in the law that is not there. and essentially the court did uphold the law simply because the law should alone survive. it gave the chief the license to interpret it as you did. >> you have to have a real ambiguity before you look at external signs and purposes or you are doing purposism and rewriting a statute without regard it what it says.

>> reporter: he said the court saved the law so many times it is lotus care. >> shannon, thank you. >> today's ruling a big victory for president obama. and you heard his remarks an hour and half ago, you heard the pleasure. what options would a republican president have for changing or over turning the law. we played the president's remarks in the segment that jenna had with shannon bream, you heard chris, the affordable care act is here to stay is it? >> it is certainly through the rest of his term. there are other cases that may come up with the court the opposition to the contraception

man date when it comes to religious institution like little sisters of the poor. that would not strike at the heart of obama care the way this would have. this will last through his presidency presidency. this is somebody found in section 1332, the obama care law, there is a provision that the president can allow states that decide to opt out as long as they create their own health care system to afford affordable they can do so. hillary clinton, for instance that will not happen. but a republican president can allow conservative states to waive it if they come up with their own program to provide equal measure of care. and so you know if you can

imagine the opponents are scoring around and looking for plan c and that's where we are now and that's it. >> section 1332, it is interesting approximate. max in the washington post writes, that the components that could be waived by a future president include the individual man indicate and man date that companies provide employees with insurance and provisions what it must cover and who qualifies for the financial initance to buy it. >> and you can tinkered a great deal with the basic pillars of the affordable care act. >> absolutely. i didn't know section 1332 existed until this article. and i suspect most people didn't until it came out today. but it is an indication that there are provisions in there. but what i don't know is what

test and state that wanted to optout and create its own health care system could do. >> and if a republican president came in and he had a sizable enough majority in the house and senate, then he could do all kinds of things to obama care. and this measure is there at least through 2017 and in the inauguration of a president and you would have to figure there would be a battle by democrats to preserve it if they have the ability to filibuster for instance in the senate. and i think the hope is on the part of the white house and democrats that it would be ingrained as a part of the americans lives and so dependent andoused to it it would be impossible to turn back. if i may just add one point, this shoes the danger of creating a an entitlement.

and the opposition by republicans is fierce today as in 2010. >> not a single republican vote for it. >> chris wallace, it will be interesting on fox news sunday this weekend. thank you. >> and more about the politics of it all and in the meantime more about the ruling. chief justice roberts writes that the court was departing from the natural reading of the phrase established by the state in regards to health care exchanges. here is judge napolitano reacting to the deception. >> i am surprised by the way the chief justice got there. i believe, bill with all due respect to him as a legal scholar and chief justice of the united states of america undermines his own credibility

as a fair minded jurorist because he roached bizarre and odd contortions in order to save this statute twice. i don't know what is going through his head and this is a final say unless congress rewrites the statute. it is a weird and unpredictable out come. we have the author of new book murder at the supreme court. lethal crimes and land mark cases. tim, great to have you back on the program. >> nice to be with you. the supreme court took up the case how can the court interpret the statute to say what the law says. the law says that it the subsidies must be funnel through exchanges by the state. how can they change that? the worry is fundmental statutory construction and given ways to interpret it away in

a way to uphold the statute. and here is nothing ambigguous about that language. the olive branch from roberts, you have to look at the context and there are inartful drafting. >> if you look all over it. there is a lot of phrases to argue with. what do you think of judge napolitano's criticism of roberts today saying it is judicial activism. >> i disagree. there are two hoppest ways to interpret and which way i would do. i don't know. the ball is in the air. it is not too much of a stretch that the court should interpret the statute to accomplish what congress sought to apply. you have complicated law. but it is more of judicial

philosophy. how much leeway do they have it. schedulia's dissent is not against obama. he said the constitution means what it said and no lee way to depart from that. >> justice scalia said something profound about the court and bears repeating. the cases will publish forever. and the discouraging truth that the supreme court of the united states favors some laws over the others and prepared to do whatever it takes to up hold and assist the favorites. what do you think? >> scalia says things that do not reflect the court. he has always taken the view on the same- sex marriage case that you have no liberties to depart

from the literal meaning of the world. your ending point would be obama care must fail. >> and what potentially is the impact of those? >> there is a challenge to one of your participants brought up by little sisters of the poor and involving the birth control and contraception man date. that will be interesting and important. but judge napolitano had it right. this is it. the law has survived. >> it is very valuable to us. thank you very much. >> tempers flare on capitol hill on the new hearing of on missing irs e-mails. hundreds of back up tapes were deliberately erased after they were subpeonaed by congress and

furious law makers want to know why. and rich joins us? >> lerner was the director of the irs office for more than two year ands acknowledged delayed applications for conservative and tea party groups. lerner since retired and the congress and inspector general are investigating her te 94 in the irs. the irs destroyed tens of thousands of lerner e-mails as part of routine maintenance. there are 24000 e-mails still unrecovered and the morning hearing, they want to know why the irs was so negligent in its evidence of destruction. >> they destroyed evidence. that's what they did and that's why we continue to have this. we haven't even got into the content of the e-mails. we just want to get them and figure out what is going o. >> i am concerned why things

were not looked into. that concerns me and i hope we will get answers to that. >> and the irs failed to search several sources like back up tapes and loaner lap tops and ultimately disclosed unreleased e-mails. democrats critized the targeting scandal and call it a waste of money and time to produce information. they are expected to release a full report on the findings next week. >> thank you, rich. >> and today's supreme court ruling on capitol hill. and we'll talk to bret baier about what he is seeing there. and the latest on the search for two escaped murderers. authorities accuse a second prison worker for helping them break out. next. le to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424.

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this washington d.c. today. there is a reminder that the presidential race is underway right now. we are getting reports from the associated press and reuters that governor christie will announce he is running for president on tuesday of next week. he will join a dozen gop candidates and we'll get more details about approximate where and when and how. there is questions of whether he will jump in. he will be in on tuesday. and for more on today's obama care ruling from the supreme court and how it plays in the upcoming election we'll bring in the anchor bret baier. and you might have heard gretta and martha and bill when with respect although the conservatives might have wanted it to go the other way is helpful to republicans because it doesn't dump what to do if

the supreme court ruled that the exchanges were not available. & biggest winner today is president obama, for his legacy and administration. these are now the laws surviving and now two major challenges in the court and the opinion written by the chief justice. and obama care survived presidential election and mitt romney said he would repeal it. and he was not the best vessel for that and nevertheless, the president in the rose garden is i big wenner today on the ruling. are republicans breathe approximating a sigh of relief? yes, many of them are. they didn't have a plan to get from point a to point b right away. there is a lot of criticisms don't have alternatives.

they had many but the problem is, they have not rallied around one and would have to come up with that quickly with 6 and million people losing subsidies if the court went the other way. njustice scalia is getting press from conservative the way he dissects the majority ruling for the next defense of the indefensible the court goes to the affordable care act. he said the legal gyrations threatens the long- term utility and stability of the court? >> yeah to it have scalia that we should call it scottis care instead of obama care is something. many conservatives were

disappointed with the ruling, there is another message from the opinion, the people elected law makers and the law makers voted despite the fact they were democrats they voted to move obama care forward. the intent to create health care and not destroy it. if they want that to change they have to elect people including a new president to mahappen. this changes the political dynamic and put obama care much more in the focus and conservative who sigh romney was not the right vessel but they are. >> similar to what justice roberts wrote. it is not the court's job to save people from badly written laws. paraphrasing there. >> we have to go. we'll see you tonight on special report. >> and more to be said to be

sure. republican presidential candidates react to the ruling. latest on the campaign trail and what it means for the 2016 race. and americans have more to fear from right wing terror than islamic terrorist, that's next? as my diabetes changed it got harder to control my blood sugar. today, i'm asking about levemir®. vo: levemir® is an injectable insulin that can give you blood sugar control for up to 24 hours. and levemir® helps lower your a1c. levemir® lasts 42 days without refrigeration. that's 50% longer than lantus® which lasts 28 days. levemir® comes in flextouch® the latest in insulin pen technology from novo nordisk. levemir® is a long-acting insulin used to control high blood sugar in adults and children with diabetes and is not recommended to treat diabetic ketoacidosis. do not use levemir® if you are allergic to any of its ingredients. the most common side effect is low blood sugar

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my devices. it's perfect for me because my kids are costing me a fortune. i'm going to cabo! [ music plays ] don't settle for u-verse. xfinity is perfect for people who want more entertainment for their money. >> today, a new york times report claiming that more americans are in danger from right wing terror groups than right wing extreme icht. twice as many people were killed by white supremist and antigovernment fanatics and other nonmuslim extremist than by radical muslims. and that was published just a now days after the south carolina shooting. they stated this the main

terrorist threat in the united states is not from violent muslim extremist but from right- winning extremist. is that really more are dangerous than islamist? michael mukasy great to have you here judge what is your general consensus from the new york times? >> this is a reverse engineered story. start with the result and then ask the questions that get you there. they measure seriousness and dangerous by fatalities. and they measured fatalities in the continental united states. they don't measure them abroad or americans overseas and the beheadings of the journalist. >> or benghazi. >> for example. and they measure three groups

that they consider right wing extremist white supremist and anti- government fanatics and others against muslim extremist. and they are measuring fatalities and you exclude the plot to combloe up the airline because that was foiled. >> there were more than ten plots foiled that could produce mass casulties and look to see if similar were foiled hatched by right wing extremist and we didn't find something comparable. it does in its premise eliminate 9/11 from the conversation. saying this is what we saw domestically and quite surveys, this is how the law enforcement feels about the threat. they count the number of law enforcement. and a small town in idaho would

count and the new york city police department that has 40000 cops were counted as one. >> if we were making a general statement, here's what one of the researchers had to say about this quited in the pose. there is an idea that the threat of jihaddist in the united states is overblown. >> that's what they said. there is not an acceptance. >> what is in the heart of all of this? >> the desire to minimize the threat of islamist terrorism and get people to believe that that muslims and islamist are harmless and fear the right wing. that's the agenda. and you pick the numbers to fit. it >> let me ask you, judge, as

well. how we categorize the cases. the new york times said counting the terrorism cases and relies on shifting definition and judgment calls. are any statistics really reliable? >> that depends on who is doing the counting. and if they are counting prosecutions, they were prosecuted or not. those statutes generally prosecute as terrorism and acts done on a large scale energy in public transportation facilities. and acts with international aspect to them and a broad affect that are designed to pressure the government or put people in fear that the government doesn't function. >> and the reason why it matters

so much. we want to be safe and secure america and we can't define the problem how do we protect ourselves from it. >> that is a broader question. and deciding who the enemy is. >> and that is different to a label to attach. >> the label at this point is secondary. and identifying who the enemy is important. and it is important to recognize islamism asap aspect to it that domestic does not. religious support and foreign funding and all of that that they don't measure as a danger and it is dangerous. njudge, it is great to have you on the program, jon? >> new fallout on the supreme court. justices upholding the subsidies. and what are the ramifications

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>> new news alert and major ruling from the supreme court upholding the health care law. and the justices decide that federal subsides are valid.

that rea if i weres the element and sparked heated protest on both sides of the issue. we have linda in and jacob are you surprised? >> i can't say i am shocked. a lot of people were expecting that it would be the outcome in the case. and maybe the reasoning and how the opinion was written, people were expecting it to go in a different direction, but it is not the first time that the chief justice has come in and saved obama care. >> the president is incredibly important for the supreme court and the entire legal system in this case and country. justice scalia said we set the precedent where words don't mean what they say they are and interpreted loosely. >> it is interesting that the

chief justice and justice scalia have a disagreement about what it means to respect congressional authority. in the view of the chief justice it is not handing down in a decision that flies in the face of the intent of congress and justice scalia counters by saying it is not our job to fix a law that is writ nen a flawed way. >> the court forgets we are gor governed by laws and not men. and not the unacted will of law makers. it doesn't matter what they wanted, here's what they wrote. >> and on top of that he's saying how do we know what they wanted and this was their intent to create the fall back option? without such certainty, we only

look at the law and that's what our job s. and chief justice thomas' interpretation, the intents of congress was to provide insurance to millions of americans and not strip it away from them and if we vote it down it will strip insurance from 6 million people. >> chief justice roberts acknowledges it is not an artfully written law and locks at the passages and then he says that if you look at it as a whole, it doesn't make sense they would insert a poison pill into approximate it. >> we must interpret the act in a way that is consistent with the former and avoids the latter and avoids chaos. and it is fairly read consistent with congress' plan that is the reading we adopt. in essence, they are doing

congress work for them? >> in one point supporters of the decision and supporters of obama care pointed out, there was not a lot of evidence to the contrary that was produced but again justice scalia said it is not our job to search for that and it is not our job to rewrite the law. >> fascinating, the decision is in and we'll see what happens in the next presidential election. jacob, thank you. and in the meantime reaction pour approximate -- pouring in. mike? >> hi, jenna, many republican candidates say obama care is fatally flawed and wrong feces for the health care system. jeb bush i am disa pointed by the ruling. but this decision is not the end

of the fight against obama care. >> scott walker said now, instead of finger pointing from the president why his law is failing we need real leadership in washington. and congress needs to repeal and replace obama care. and senator rubio said it is here to stay. >> you have a lot of people out there receiving obama care through a subsidized exchange and in the hospital hit with a $4,000 bill because of a high dedu carson those of us who policemeninged to repeal obama care must not waste time mourning the ruling. senator graham. the decision reenforces why we need a president that brings real reform and replacing obama care. >> hillary clinton, the most

likely democratic nominee will make obama care her own. who ever the republican party may nominate one thing i can assure you, they will repeal and replace obama care with something better. >> rick sanatorium tweeted. supreme court ruling is another reminder if we want to it get rid of obama care we must elect a conservative president. hash rick 2016. >> the republicans don't need an instant fix but would highlight what they do. >> and mike thank you. court action linked to a jail break. a second prison worker was held in the escape of the murderers. palmer was accused of hiding

tools. he did not know they were in there. and palmer also told investigators he gave one of the convicts access to an interior catwalk and he did them favors in returns for paintings. and a search crews look through terrain three weeks after they broke out and police are certain sweat and matt spent time in a hunting cabin can they may now have a shotgun with them. funeral services for 70-year-old ethyl lee lance who worked in the church 30 years and a a singletop a high school speech coach.

tomorrow the pastor pinkley will be laid to rest. he was leading the bible study. the tragedy has not stopped the faithful. congregants carried on with the bible study in the same room where the massacre occurred. >> reaction poured in on the supreme court decision to uphold obama care subsidies. and how it will affect millions of people and their doctors. our a- time is here. and harsh words for iran. they called the regime the world's foremost sponsor of terror. >> a fox

news exclusive. >> we have a huge show coming up and don would trump will join us live. we have a lot to talk about with him. and what he thinks about the irs detrying e-mails and the

surprising finish in the polls and unvision dumping his pageant and the discussion between him and neal young. and we have details about the tools and the artwork did the officer get from one of the prisoners. find out from the big show on top of the hour. >> the president told us earlier that americans are benefitting from obama care. how does the supreme court ruling uphold the federal subsidies affect us all and what about those of us who don't depend on obama care and are in the health care system? we'll have a member of the fox team joining us now. this is what we saw them get to. whether or not care is getting better under the law and where it is going? regardless of what is happening in the supreme court, life as you as a doctor how does it

compare. >> it is harder to deliver quality care. the patients are getting more subsidies and the first 10 million under obama care 9 million had subsidies of average of 270 a month. and when they get to the doctor's office. what happens in the doctor's office? most of the plans and bronze and silver plans have 5000 deductibles. the patient is paying out of pocket anyway and they may be able to keep their doctor and can keep me but the orth pedist or allergist or the others are not in the narrow network that obama insurance covers. >> what about the subsidies, that is key.

the patients are paying more out of pocket the subsidies are more important to afford the health care and what do you think of the supreme court ruling upholding the subsidies and is that good or bad for care and can we categorize it? >> it is it bad for unaffordable care. we are talking about a situation where health care costs are too high. premiums are up too high and pharmacy costs up 11 percent in 2014. and for the affordable care act to pay for it the government has to subsiddize. and the patient is not getting the care they are used to. quality care is down and costs is up. and more and more people are getting health care. >> and one of the things he's said. and even those outside of the obama care system we are benefitting in ways we don't realize.

can you list them? >> i do think that what he's talking about in a positive way. they are researching further. it is going further. >> that is a positive. >> that is a positive. but the down side is overregulation means more and more paper work. physicians are trying to get out from the electronic health records. we are spending half of our time to see me. they see my face looking at a computer screen. we can't keep up in the way that preserves the face-to-face method of taking care of people. >> if you are called to advise republicans that are critical of the plan. would you tell them to repeal it or start over? >> to be honest with you, this is a nail in the coffin it will be repealed.

i don't believe it will be repealed. if i were republicans, i would focus on it being subsidy run insurance and for people who need entitlements. let's reach the middle-class and give them insurance. >> a pathway off of the subsidies. >> not when the premiums are going up. people can't afford the premiums without help. it is a form of medicaid and that is an insurance that has gutted quality of care. i am interested in providing quality of care and finding diseases early in the game and personalized medicine and genetics. it is coming out of the taxpayer dollar and out of the taxpayer pocket under this law. >> great to have your perspective today. thank you. >> and director of national intelligence out with scathing information for senators.

who james clapper blames for president assad holding on to pour in syria and what he has to say about isis. next. thanks to angie's list now it is. start shopping online... ...from a list of top rated providers. visit angieslist.com today.

now to a fox news exclusive as we get our hands on a scathing letter from the national of intelligence to senate republicans on the the intelligence and armed services committee where james clapper calls iran the foremost sponsor of terrorism. and the single greatest reason that president assad is still in power in syria. all this as the u.s. nears a deadline on negotiating a nuclear deal with iran. chief intelligence correspondent katherine herride has that live. >> he was accused of going soft on iran because the white house

want this is nuclear deal and in this letter obtained by fox news clapper responds he is blunt and candid that iran and the proxy hezbollah, quote, directly threaten the interest of the united states and our allies. this has been the consistent view of the ic or intelligence community for more than three decades. on syria clapper states without information that iran and hezbollah's efforts has been instrumental in preventing the collapse of the regime which they view as critical to maintaining their resistance against israel and the west. and clapper warns that iranian backed militias taking on isis are the same that threaten to conduct terrorist attacks against the u.s. for its involvement in iraq. reading in between the lines, it's hard not to conclude political pressure was a factor. clapper says his testimony was an overview of global threats, but con scene, quote, a specific reference to the terrorist threat from iran and hezbollah, which was not included in any of the drafts of the testimony,

would have been appropriate. but the lack of its inclusion is in no way a change of the ic's assessment. meantime a leading member of the house intelligence committee recently told fox the white house is determined to get a deal whatever the cost. >> our administration is not going to do anything to upset the ability to complete a nuclear deal. so as the iranians expand and exert greater control in iraq this administration has chosen to at least turn the other way and allow the iranian expansion on the hope they can get this deal across the finish line in the next 30 days. >> later today the state department is expected to release the long awaited report on human rights. critics say the delay was unnecessarily delayed for more political reasons, john. >> fascinating. catherine in washington thank you. meantime the white house is praising the supreme court ruling on obamacare. republican presidential candidates are denouncing it. we'll have continuing coverage of today's big story coming up

next.

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big news. the decision is in now. the arguing and the discussion goes on. >> it always does, doesn't it. >> the supreme court has ruled. "the real story" with gretchen starts now. major victory for the white house today. supreme court ruling to uphold a major provision of the affordable care act. i'm gretchen carlson. here to bring you the real story on that and more. the justices ruling federal subsidies are legal in states that did not set up health care exchanges. president obama praising today's decision saying this will preserve health care for millions around the country. >> five years in this is no longer about a law. this is not about the affordable care act. as legislation or obamacare as a political foot ball. this is health care in america. >> shannon bream live at the supreme court. the majority said the words exchanges established by the state simply weren't clear.