who had a business connection to the country. -- >> shannon: family relationship. a >> bill: or in the case of hawaii, this was all started because a professor would come here and make a speech. there will be a carve out for that. >> shannon: for those who have connections. a >> bill: we have to run, big heavy day ahead. have a great monday, everybody. a "happening now" starts right now. >> jon: the fox news alert, two breaking stories, major implications for the president's agenda, welcome to "happening now" on this monday, i am jon scott. >> and i am childers pretty nice to be back on this monday. if the supreme court starting it off, the ruling that parts of president trump's travel ban can be enforced pending review by the justices of the controversial executive order in october. this as we await the congressional budget office on the senate bill to repeal and replace obamacare. and the president tweeting on the state of the health care bill, just a short time ago

floating the possibility that it may not pass. >> jon: we have live fox team coverage. but we begin with the doug mckelway at the supreme court. >> hello, this is a "no" doubt major victory for the trump administration as the high court has now lifted the injunction on the travel ban. president trump had long maintained that he was confident that the high court would undo the travel ban that was imposed by the fourth circuit court of appeals and also the ninth circuit court of appeals out west. it has so have. reading from the opinion right now, it reads, this is a majority opinion. to begin, we grant both of the government's petitions and consolidate the cases for argument, the clerk has directed to set a briefing schedule that will be heard during the first session of october. they will hear this in the next session. the broader legal reasoning. that's behind the travel ban. in a second part of this opinion, they say, i am "we turn

to the preliminary injunction spurring enforcement of the iic entry suspension. we grant their governments applications to stay the injunctions. to the extent of forcing you, and any bona fide relationship with the persons or entity in the united states." but that does to our understanding, if there is a pressing need from one of the nationals, or the six countries that includes sudan, yemen, syria, if they come to the united states, if they have an injured relative or somebody who is hospitalized, they will be permitted to do so under this. but this is a major, major victory for the trump administration. returning to another big opinion that just came down from the court, trinity lutheran church versus the missouri department of natural resources. this is a case that centers around religious freedom. i a church school in columbia, missouri. applied from the department of natural resources for researching of the playground, a

pebbled playground, gravel prey grown, and the missouri resources had grant money to resurface it in a rubberized format. are they denied the application because of the trinity lutheran church, in their opinion, a religious affiliated school. in its opinion, the high court said today that the exclusion, and i am reading here, the exclusion from trinity lutheran of a public benefit to which it is otherwise qualified is odious to the constitution all the same. and it cannot stand. so yet another victory for conservatives in the high court today. a much more interpretation will go up as it evolves. one lingering issue, the fate of fate of chief justice kennedy. there's been speculation that he may be retiring, there was no announcement in the court, but the high court justices are now in a private luncheon to wrap up business for the year. if he was to make that decision,

it might come at that private meeting. it will be with his colleagues. has not happened as of yet, but we are watching it closely. we will deliver that news if it happens. >> jon: reporting outside of the supreme court. thank you. >> heather: senate republicans are scrambling to reach a consensus on health care, just days away from an end of june deadline. senate majority leader mitch mcconnell pushing for a vote this week, five republicans say that they oppose the bill in its current form. the president tweeting about the bill this morning raising the possibility that it might not pass. sameness. chief congressional correspondent mike emanuel is live for us on capitol hill with more on all of this action that is going on. >> good morning to you. a critical piece of information could come as soon as today. the estimates on the price and

impact of the senate health care bill. the moderate size fixing health care is tricky. >> i am very concerned about the cost of insurance for older people with serious chronic illnesses and health care providers such as the rural hospitals and nursing homes, most of whom are very dependent on the medicaid program. so threading the needle is going to be extremely difficult. >> the plan has been putting on health care reform in the senate this week before the independence day holiday. but the truth is that this is a man-made deadline. perhaps a more realistic timetable may be by the end of july, but top g.o.p. leaders say that they must get it done. >> there is an urgency to act, we are down to one company providing insurance in wyoming. to the prices have skyrocketed. that's why we have to do something.

we have to do with the people are asking for. that is stabilizing the insurance markets. >> senate democratic leader chuck schumer suggested the odds over the weekend are at best 50-50, the republicans pass the bill. schumer says that the bill is devastating. that is what is making it so hard to pass. one of his fellow democrats also blasted the bill. >> this is the cool -- this is mean. this is worse than mean, this is cool, and i travel around minnesota and talk to the trump of voters, and they know it. i do roundtables as rural hospitals and rural clinics, they know it. >> with five republican senators opposed to the bill in its current form, this is going to be a challenge for mitch mcconnell, but folks on both sides say that mcconnell should not be underestimated. >> heather: we will see what happens. life for us, mike emanuel, thank you so much for joining us today. >> jon: as we are way to the

cbo score on the senate health care bill, the revised version of the bill, we are hearing more from the first republican senator to oppose the current bill, rand paul. >> they say they are going to fix health care, but there is no way that the republican bill brings down premiums. i have been a medicine 20 years. i'm 54 years old. premiums have never gone down. they are never going to go down after the republican bill. it is so false overpromising to say, oh, yeah, insurance premiums are going down, but we are keeping ten of the 12 mandates that cause prices going up. >> jon: not only republicans, but no democratic senator is supposed to vote for it. and one former candidate is calling out both parties. >> i don't think that we have enough leadership. i think there are too many people that scour in the wings, because of partisanship, not just republicans, but democrats as well. if you try to get a great number

of governors, republican or democrat to speak out on this, where are they? all you hear are crickets and chirping, because they are worried about upsetting the base. >> jon: so the state of the health care bill in just a moment. but let's talk about the big ruling out from the supreme court this morning. joining us now, stephen diamond, the political editor for "the washington times." so the trump travel ban stands in large part except for the tiny carpet out that the supreme court made. is this the biggest victory of the term presidency? >> yes, absolutely. of the lower courts have been pretty unanimous in attacking the ruling and some really, you might say extreme opinions looking at his past rhetoric and drawing connections about it, but the supreme court unanimously rejected that. if they say that he is within his powers granted by congress to go ahead and for most people outside the country to maintain the ban.

and to stop refugee admissions worldwide. not just the six countries targeted with the travel ban, but refugees are stopped, except for the narrow carve out of people who have a connection already to the u.s. >> jon: the interesting thing is that the travel ban was proposed to take effect for only 90 days. we expect the white house will institute it as planned in the next few days, meeting the supreme court's criteria. but the supreme court is not expected to take up this case again until october. this is a temporary lifting of the lower court ban. i mean, by then, we could have brand-new immigration policy set by the white house. >> impact, the justices got at that issue. they said, hey, we almost expect we will not have to hear the case come october if the president follows through on the 90 day period and does the vetting and the new procedure that he talks about. the whole entire reason for the 90 day pause, we need may not be hearing it come october.

>> jon: what does it do for all of the advocates of relaxed immigration, open borders, whatever you call it? what do they say now? >> they are upset with the ruling. but most importantly about this, as i said, a unanimous decision by the court. that is a very strong statement that this court, the liberal justices in the conservative justice is see the president, not just president trump, but the president overall having a very strong discretionary powers in terms of evaluating national security and looking at national security and following through on immigration plans. so it really is a free hand, a fairly free hand for the president and most presidents and immigration orders. >> jon: they must be giving high fives at the white house right now. let's talk about health care and the bill in the senate. mitch mcconnell right now has five senators, the republican senators in opposition. he can only lose two of them and still get the thing passed. so does he get it passed?

>> i would agree with chuck schumer, i would state it is probably a 50/50 proposition. they will be happy to have a boat and have it go down for defeat, but also to re-center the conversation. republicans have lost a message on the obamacare repeal. they argue that this is a conversational choice between both disastrous to obamacare, a failed law and their replacement, democrats have said, no, no, no, obamacare can survive. the evidence suggests that obamacare as it is right now cannot survive. it needs cash. the republicans have not done a good job of setting the conversation up for americans. most think it is a choice between obamacare with its coverage and then the republican plan with 23 million fewer people on coverage. that is probably not a very good comparison. >> jon: i am reminded of when president trump said we should let that thing fail and democrats get the blame for it.

is that what mitch mcconnell or the republicans may be thinking for a plan b? >> absolutely some republicans, some conservative outside groups i believe that is the case. the question is how republicans after going through the past five or six months have done enough to earn blame for what happens with the law now? and if the republicans let the law continue, that leaves a lot of decisions to president trump. he will have to decide if he makes a cost-sharing payment we have heard about it to the insurance companies. there are a lot of decisions to either prop up the law or let it wither on the vine. that will go a long way to deciding who gets the blame if the law is in effect. >> jon: pretty interesting, as we have been talking, stephen, reuters is reporting, fox news has confirmed that our revised senate health care bill is expected to be released today. no further details, but this is coming from mitch mcconnell's office.

he has said that he will make some tweaks to the proposal to get some of these bulking senators on board. i guess the question is if he can get at least three of the five that are right now in opposition. >> yes, that is no surprise. even nancy pelosi last week predicted that this is exactly what will happen. they would write it a certain and then come out with amendments to look more generous or get more conservatives on board so that they can go back and say, look, we have to improve the bill from our standpoint. i guess i would almost say that this is expected. it will be interesting to see what the changes are that they make and who they went over if anybody. >> jon: we should be finding out this afternoon. we understand that that is when the changes are to be disclosed from the office of senator mitch mcconnell. so those changes we found out coming later today. stephen diamond, good to talk to you. thank you. >> my pleasure. >> heather: don't forget, this is still going on. as a special counsel continues

the russia investigation, president trump is criticizing his predecessor. where he says that president obama was colluding with russia. and the supreme court agreed to review the travel ban. what this means for the administration and per-pupil from the end countries trying to come into the u.s. the legal panel weighs in. >> i am establishing new vetting measures to keep radical islamist terrorists out of the united states of america. liberty did what? yeah, liberty mutual 24-hour roadside assistance helped him to fix his flat so he could get home safely. my dad says our insurance doesn't have that. don't worry - i know what a lug wrench is, dad. is this a lug wrench? maybe? you can leave worry behind when liberty stands with you™. liberty stands with you™. liberty mutual insurance.

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>> heather: welcome back, the special counsel probands russian mandolin and the 2016 presidential election containers. the new report indicates when the obama administration was briefed by the intelligence community on russian interference. and now, president trump, republicans, even some democrats are criticizing president obama for not taking more action.

catherine herridge has more from washington. >> thank you, heather. today the president is responding to statements over the senior democrat over the weekend that the obama administration should've been torn more last fall. here is a ranking democrats on the house intelligence committee speaking on the sunday talk sho show. >> i think the obama administration should've done a lot more when it became clear that not only was russia intervening, but of big directive at the highest levels of the kremlin. i was urging that they begin then the issues of sanctioning russia. talking about what the russians have done. i think that was a mistake. >> writing on twitter this morning, the president said... meantime with the spokesman for the republican chairman of the

purple senate judiciary saying that the fbi has failed to provide information to the committee about the unverified anti-trump dossier and the extent to which the fbi relied on that dossier during the investigation. the company behind the dossier fusion gps has also failed to comply with the committee's request, the person who brought the dossier to the attention of john mccain last year, former british ambassador andrew would told fox news that he also believe the intelligence in that report had to be verified before it was used. >> heather: catherine herridge five for us. thank you. >> jon: a heart-stopping moment caught on tape. >> her neck is stuck! >> jon: how a crowd at a amusement park amusement park reacted quickly to save a young girl's life. also sean spicer taking behind the the scenes role as the

white house cuts the number of online news briefings. the media panel on what the change will mean coming up. >> i think that the cameras are fine. there is an opportunity to have that. but equally on days when the president is speaking have an off-camera briefing on policy issues. to suggest that it was not on television is somewhat nonsensical. i went from knowing almost nothing to holy crow, i'm related to george washington. i didn't know that using ancestry would be so easy.

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>> you look at the number of questions i get asked over and over again just so i reporter can get a clip of themselves saying something or yelling at someone. i think it not only makes it repetitive, but there is a mix. cameras are fine, there is an opportunity to have that. but equally on days when the president is speaking, you can have an off-camera briefing where you have a subsequent on policy issues. to suggest that it is not on

television it is somewhat nonsensical. many of the reporters use anonymous sources and right of things, and yet i can make an equal argument that that does not sound like news to me. we report very robustly. the briefing is one small part of what the extensive staff doe does. >> jon: well, it is a question. he used to get big ratings for his on camera briefings, white house press secretary sean spicer there. now they are being cut back, the televised versions at least. he will hold an on camera briefing and a couple of hours, it is audio only. we might not be allowed to take it live. and it might be the future. while the media might not like it, how much impact will it actually have? let's bring in the media panel. emily scheier, guy benson. welcome to both of you. emily, to you first. although live on camera

televised briefing change much of the way that you go about reporting on the white house? >> you know, i think it sends another message about their trump administrations relationship for the press, really its disrespect and how on president editors. it is not like the press handled the w bush administration with kid gloves, and yet we did not see the bellyaching. more importantly, not just bellyaching anymore, this is upsetting a dangerous tone. i don't know why the trump administration would not expect other presidents on both sides of the aisle to follow his lead in squeezing out the press. more importantly, we are all going to focus even more on his tweets. which is not even good for him, i would say, because he tends to self incriminate through them. this is not a good move for the administration and the long term. >> jon: what is your take? >> well, i think i am sympathetic on some level to a few of the arguments that the trump administration has made here. look, there are other ways that we can subsequently engage with the press that are not on camera.

and yes, the press briefing, the on camera press briefing sometimes offers opportunities for showboating and grandstanding by reporters predators a sense that it is an anachronism. but i think it is an important anachronism. i think transparency is not outmoded or to the reason that i think that is because watching reporters spar with an official spokesperson for the president and seen the interaction and sustained questions and people following up on questions, i think that the viewer in that case has an opportunity to really assess who has a better argument and who is telling the truth and who is spinning. i think when you have cameras out of the room and it is not to live, that gives less of an opportunity for the american people to see that. if it was the obama administration making the change, i think a lot of conservatives would be screaming. and stomping their feet, rightly so, and i think in this case the trump administration trying to pretend they are not changing anything is disingenuous. >> jon: what about the argument from the white house

that reporters will ask sean spicer the same thing three or four times, mostly because in the view of the white house, they are wanting their corn respondent seen sparring with the white house press secretary. >> we have things that equivocate on many issues, concerns over collusion with russia, concerns of the firing of james comey, and i think blaming the press for asking follow-up questions is really creating a self victimizing attitude. that is on befitting for a presidency and disrespectful. it shows a certain level of cowardice that we have not seen in the white house. and it makes the press, which is absolutely critical to a healthy democracy, i cannot believe in the 27 272017 we have to say tt it is critical. and donald trump has had, press is the enemy of the people. it is simply unprecedented, and frankly, disturbing. >> jon: no white house for the

record has much enjoyed its relationship with the press. we will see if this changes, sean spicer is down to about one televised news briefing per week in the month of june. we will see if it changes. i want to take up another topic with you both. cnn is instituting a new policy for all of its stories related to russia after making a major retraction last week. at the network reported a link between the supporter of president trump into the billion dollar russian investment plan only to retract and apologize a day later. so now all of the stories that cnn runs about russia have to be approved by a vice president or an executive editor. guy, is that prudent policy? >> look at what they have gone through over the last few weeks. they reported famously that james comey was going to come out and contradicted president trump. he never told him three times that he was not under investigation, then oops, comey said the exact opposite in his

report. and then the piece that they had to retract and apologize for. i think the trap that they have fallen into here watching the coverage at the gym sometimes, seems like they believe russia and trump is the most important story on the planet all the time. and in order to justify that kind of reckless coverage around the clock, sometimes you fall victim to this impulse to latch onto new quote on quote bombshells that you want to believe or you feel might justify that degree and tone of coverage that they have adopted so freely with the administration. they have shot themselves in a forged a few times. people do this. all the networks do this. newspapers make mistakes. cnn has made its both especially vulnerable on this issue with the president. >> jon: were the stories looking for facts or support to back them up? >> book, it seems like the story was based on one anonymous source. it was not good enough. and thankfully, cnn did retract the story. it is issuing new guidelines.

hopefully the network has learned its lesson, and going forward it will hold itself to a different standard. i think it is important to say that they are self policing so they can put a higher premium on accuracy. we do not always see that. we do not always see the value on truth, frankly coming from the the trump administration. cnn needs to take a good hard look at the reporting that it is doing. but it does seem to be doing that. it did issue a swift retraction. there are stricter guidelines about how it is going to do the reporting going forward. >> let's also not pretend that the previous administration where the paragons of truth and accuracy with the media, and then all and then all of a sudden it is the trump people that are misleading the press from time to time. i remember going back to the previous conversation about press briefings today after the benghazi lies fell apart, there was a very intensive press briefing in that room with jonathan carl from abc piling on

jay carney. that was a valuable moment. i think the on camera briefing is important. >> jon: guy benson, emily, i'm sorry, we have to run. emily shire from muscle.com. thank you both. >> heather: president trump slamming democrats for opposing the senate health care plan. why he says that the resistance of the g.o.p. bill could actually backfire bed plus the top u.s. military official arriving in afghanistan today with the trump administration and what they plan to do to strengthen afghan forces as a defense secretary admits that things are not going well there right now. >> we are not swimming in afghanistan right now. and we will correct this as soon as possible.

>> jon: chairman of the joint chief of staff, joseph dunford are arriving today in afghanistan. at the u.s. gets ready to send nearly 4000 more troops to the country. part of the trump administration strategy to strengthen the afghan forces. jennifer griffin is live at the pentagon with the latest. >> this is the second high-level senior u.s. military efforts to visit afghanistan in the past two weeks after the head of the marine corps, robert naylor visited the prom province to make his assessment ahead. the new strategy will look like the current fight against isis and iraq and syria. more troops closer to the right to call in air strikes and embed

with local fighters. but this new planet carries risk. earlier the month three u.s. army soldiers were killed by an afghan soldier and went to the military calls and insider attack. seven other american soldiers were shot and wounded in a similar accident later. it will be a new plan for afghanistan and to the in mid-july. madison said it will be a fundamental change from the obama administration and offered this frank assessment. >> we are not winning in afghanistan right now. and we will correct this as soon as possible. >> in february, the top u.s. commanders told congress that he needed a few thousand more troops after president obama ordered 1500 troops out of afghanistan at the end of december. >> we skip to the step where you are supposed to have a few dozen teams of advisors out in the field with key afghan units to help them improve to call on air

strikes and so forth. in a sense, what i see as the decision by president trump doing, repairing one of the holes in the obama strategy. >> there are currently roughly 8400 u.s. troops in afghanistan right now. no one at this point is talking about a surge of tens of thousands of troops like we saw the beginning of the obama administration. this is an adjustment to the existing strategy. >> jon: jennifer griffin, thank you. >> schumer criticizing the bill a couple of weeks ago, and he had no idea what was in the bill. he said this is this. he had no idea. in fact, the republican senators did not know. because it was not released. very few people knew. so he was criticizing a bill that he had no idea what was in the bill. but that is called the resistance. that is a terrible word, think about it. the third theme is resist. their theme should be let's get

together and develop. let's get together, but the theme is to resist. it is obstruction. and to the problem is that they become obstructionist. and the voters like it from the standpoint of running for office, but i think it is a terrible theme in terms of getting elected and more importantly, it is a terrible theme for the people of this country, resist, obstruction. that is not what they want. >> heather: president trump firing back at democrats opposed to the g.o.p. senate health care bill. criticizing them for not cooperating with the other side. as we now expect republicans to release a revised version of that bill. joining me now is don calloway, democratic strategist and former missouri state representative. john caldwell, strategic consulting, and the former director of african-american outreach for the republican party. thank you both for joining us. >> thank you for having us. >> heather: just to fill in a little bit more from what we

heard from president trump, every single senate democrat is planning to oppose the g.o.p. senate bill. that includes ten senate democrats out perfectly pre-election. you have at least five republicans saying that they are not on board. so i will start with you, the obstructionist, well that's backfire on the democrats? and what will the impact be on republicans if they do not support the bill? >> first of all, it is kind of difficult to categorize them as obstructionist when republicans hold a majority in the senate and the legislative agenda. there will probably be a very watered-down version of trump care that passes. i do not see the electoral ramifications for democrats, i do see some potential problems for republicans who support the bill, because it decimates the middle class, ultimately a redistribution of wealth from

lower to moderate income opportunities in form of multiple tax cuts that have nothing to do with health care in the bill. i see electoral consequences on both sides. mostly negative for the republican party. >> heather: what do you think? negative if you support the bill or negative if you don't and you are a republican? >> if you are you are republica republican, definitely. you have to get out there. when it comes to the resistance, and i am pretty much going to shock the audience, i think the resistance campaign is working. republicans, into independents and democrats are resisting the strategy. they are no losing-winning streak. and for those democrats, most of them, a lot of them who supported obamacare, it is a $2 trillion lie, that was that obamacare was going to cover 31 million people, actually covering 25 million, more around 20 million. so i think that considering the fact that we are going to get a revised bill, going to be

amendments added. it is a conservative bill that as well, democrats are on the losing team because they have the ability to come together with us and say, this is what we want. let's negotiate and get something good for the american people. >> heather: they made it very clear that they are not going to do that. then i would ask you because you said a watered-down version, what do you think will be in the version? how do you narrow down the scope so that it appeals to moderates and at the same time you put some things in there so that the conservatives are happy too? >> the one thing that i think everybody can come together on is agreeing that pre-existing conditions should be covered across the board without conditions. and to the first version of the bill that we saw in the house and senate tremendously gutted those pre-existing coverage conditions. >> that is not true. >> you are my guy, but and i did not interrupt you either, so chill. cruel out, man.

>> come on, bro. >> it's very difficult to see what is going to be in the bill, because it was none transit progress, we saw 79 hearings on obamacare in 2009. by this time in the progress we discussed death panels, pre-existing conditions, and all of these varieties of things that ended up going to the bill that the american public has not had a chance to kick around in the court of public opinion on the bill at all. it's hard to hear -- >> heather: what was at that nancy pelosi said? we will read it later? >> writes, we don't need to know what is in it. we are going to vote for it. you are saying that there is no calabro. >> heather: how important is it for this to get done so that we can move on to the rest of president trump's agenda? >> i think it is probably the number one priority, should be for republicans across the board considering the fact that we have been talking about it for many, many years. you just want to make sure that we get it right. to the point that republicans

need to make sure that they are not disenfranchising millions of people. there needs to be a collaborative effort, the only thing is when you say a collaborative effort, democrats don't want to come to the table and collaborator in the on anything. >> that sounds awfully familiar. >> does, doesn't it? >> heather: all right, as you know, there is a lot going on today. so i have to cut you off. thank you very much part of that was a lot of fun. thank you for having you here. >> and the supreme court agrees to review the travel ban while allowing partial and portion of it. pending the review. our legal panel on what it all means. and a young girl left dangling from an amusement park 25 feet in the air, the scary scene playing out on camera. >> all right, i will catch you.

>> jon: a fox news alert, we have a verdict in a murder trial that transfixed the city of boston and the entire country. mike mccarthy guilty of second-degree murder in the killing of little bella bond. she is a toddler who came to be known as baby doe after her body was washed up on deer mountain. she went ident unidentified and unclaimed. it then turned out that she had name, bella bond. her mother's ex boyfriend now stands convicted of second-degree murder. that is murder without forethought. and in the state of massachusetts, that can bring a penalty of 15 years-life in prison. you have to be determined, but michael mccarthy is guilty of second-degree murder in the killing of baby doe bella bond.

a scary scene at a new york waterpark caught on tape. >> her neck is stuck. >> jon: 14-year-old girl dangling 25 feet above the ground from the sky ride the gondola at six flags great escape near albany. thanks to the brave action from the crowd gathered below, the girl was able to survive ordeal, take a look. >> all right, i will catch you. i will catch you, honey. go ahead. [cheers and applause] >> jon: talk about trust. to the girl was hospitalized with minor injuries. one person who helped catch her, also treated for back pain. six flags great escape saying in a statement that the sky ride was inspected and cleared by the

department of labor, but the park will keep the ride closed as it conducts an internal safety review. >> heather: the fox news alert, back to the top story, the supreme court reviewing the travel ban while allowing the ban to take effect for now. joining us, richard st. paul, both former prosecutors and criminal defense attorneys. thank you for joining us. we do not have a whole lot of time, let's start with you, jonah. your thoughts. >> no surprise whatsoever. the supreme court did the right thing, very telling here. they overturned the injunction while letting us know that they are going to decide the case actually in the fall. that is what you cannot ignore. the supreme court as saying, as we all, i was screaming, donald trump was well within his authority to institute the temporary travel ban. that is a message today. >> heather: a big win for the trump administration. >> yes, absolutely.

it is a travel restriction, limited, a travel pause. a limited in scope. it was 90 days, only applies to certain individuals family, business ties, political asylum coming into the country, they are still allowed to fly into the country. also applied to governments who have limited ability to search out and determine whether or not people are threats to the particular country. so i think the supreme court did the right thing. all along i believe that the president did have the power to put in the travel restriction. >> heather: so you both agree on that. if there were actually six cases that were pending, we heard those today, waiting for them anyway. we are going to talk about the important ones like you need to know about after the break. ♪

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>> heather: and another decision today, 7-2 majority ruling that a lutheran day care center has won its first amendment appealed to the supreme court. let's talk a little bit more about this. both former prosecutors and criminal defense attorneys, so, what does this mean for other cases moving forward? >> so i have to say that i got this one wrong. i thought the supreme court was going to reluctantly side with the state. the issue was whether it is a church/school applying for funding, does the state have to give them the money if it has nothing to do with religion at all. in the state of missouri, there is a law that says, we cannot directly or indirectly benefit a church. so the state was taking the hands-off approach. supreme court came in and said, no, no, if they qualify in any other respect, nothing to do with religion -- >> heather: it had to do with a playground. you are surprised.

>> i thought the supreme court should have been 9-0, the state has a program. if you use used rubber tires, you can get a grant. now the state made a discriminatory when they said, oh, except for religious organizations. here the state chose to discriminate simply because they were a religious based organization that followed the rules. use the rubber tires on your playground, you get the grant. >> but we know why the state did this. historically when you have an establishment clause, they are all over the board. and sometimes wrongfully so. we should be able to say, merry christmas, so i can understand them taking the hands off approach on this one. i think it is a great result, because it really regards in safety for the children. i like the decision, but i was surprised. >> let's not go to park, at the end of the day there is an establishment clause, but establishing religion, the program does not establish or promote their religion.

that's why the supreme court got it right. we see a lot of decisions like hobby lobby where they hosted that they cannot promote birth control. so it is interesting. >> heather: thank you so much for joining us. >> jon: the next hour of "happening now," fallout from the supreme court's decision to allow the president's travel ban to be enforced, pending the high court's review of the ban in the fall. more on that. plus a scare in the air. a huge bang sets off a wild ride and the pilot asks the passengers to pray. but that is not all that he asked them to do. >> i would just see an explosion from the left wing. and to the plane started shuttering. and you could just tell by the cabin crew's reaction that it was really bad with shrimp crusted with kettle chips. or new, over-the-top lobster and shrimp overboard. but it can't last, so hurry in.

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what's the story behind green mountain coffee and fair trade? let's take a flight to colombia. this is boris calvo. boris grows mind-blowing coffee. and because we pay him a fair price, he improves his farm and invest in his community to make even better coffee. all for a smoother tasting cup. green mountain coffee. >> heather: a whole lot happening. we will see you back here in an hour. i know why you call it "happening now." a >> jon: we do keep it

moving. see you then, "outnumbered" starts right now. >> meghan: fox news alert, president trump scoring of the legal victory today, the supreme court ruling to enforce key part of the travel ban. the decision allows the administration to temporarily block six mostly in muslim nations from the united states and overturned the lower court's decision striking down the order poured but without ruling comes one exception. to those with a blood or legal relation to someone in the united states will be allowed into the country. following the post effect lot outside the supreme court. >> this amounts to a powerful slap down of these opinions by the circuit court of appeals in virginia. also the ninth circuit appeals out west part of the court has agreed to hear the oral arguments on the travel ban. that begins in october. in the meantime edits allowing the travel ban to take effect. this is a huge victory for the trump administration.