team to get them to buy lunch tomorrow! thank you for joining us, everybody, "america live" starts right now. mig mick fox news alert, a federal judge in florida is expected to hand down a critical ruling any moment now on whether the largest lawsuit challenging the new health care law can proceed against the government. hello everyone, i'm megyn kelly, this is "america live", the lawsuit, filed by the federation of independent business, along with 21 state attorneys general, bill mccollum, florida's attorney general is spearheading the hraufplt we expect to hear soon, as soon as this ruling is released and this could have a major impact on the health care law, folks. this is something big that the entire nation is watching. we've had two divergent rulings, one out of virginia, that upheld the challenge or allowed it to go forward, one out of michigan that said the challenge could not go forward, and now this is the

biggest lawsuit against the health care law out of florida, 21 states, what will this judge rule about whether the lawsuit challenging the constitutionality, the very heart of the health care law, whether it can proceed. we expect the rule right now, and as soon as i have it, you'll have it, too. meantime, a fox news election alert out of illinois at this hour where there are questions over whether some of our men and women serving overseas may be shut out of the upcoming voting process. according to reports, at least one county may have missed a deadline to send absentee ballots to our troops and it happens to be the county with the biggest number of troops, and one in which a very, very tight contest is going on, those votes could actually swing results to one party or the other. all eyes in illinois as mike tobin reports live from chicago. hey mike. >> reporter: hey megyn. i talked with the director for the state board of elections and he said as far

as the doj investigation it really ought to be replaced with the word inquiry because the department of justice really wants to find out just what happened as far as why these ballots missed the deadline to get overseas. i can tell you what happened, the responsibility for getting the absentee ballots out usually falls to the county election boards, there's one particular board that everyone is look at now, saint claire county, where scott air force is based, what the county clerk tells me was going on, there was a court challenged, a particular organization called the constitution party, that was on the ballot in illinois, they had gotten thrown off and brought a court challenge. while that court challenge was pending the county clerk, bob delaney, didn't want to printout the ballots and mail them overseas, there could be -- would be confusion if they got got -- got two ballots and there was the expense. so he told them they wouldn't make the deadline, he wanted depression and indeed they didn't make the deadline, and that's where we are now. the bright, shining star,

the women and men overseas will have the opportunity to vote thanks to e-mail and tpa*bgs. they can take the bail ots and get them po*ebgs marked and have an opportunity -- opportunity to vote but it's going to involve bureaucratic brain damage, they good to get the boxes checked, get them to the right person. like they need stress, they've got it, anyway, if they want to vote this them. megyn:mig it's kind of hard for the men and women on the front lines to get to the e-mail or the fax machine, which is why their advocates are outraged, not just in illinois but many across the country. we'll have more in the 2:00 hour. mike, thank you. speaking of which a group of republican lawyers is now calling on the obama administration to do more, to ensure our military members are able to cast votes in the midterms. this is a law. it is a law, in the books, that is being flouted. coming up, we will speak to the chairman of that group about problems growing in illinois, as mike mentioned,

here in new york state and in many other places. 2:30 tporbgs that. well, in california, the national organization of women, or now, is sending a warning to california gubernatorial candidate jerry brown, now blasting the brown campaign about an audio recording where someone on brown's team is heard calling meg whitman a very nasty name, it begins with a w. the women's group says if this happens governor, someone should be fired. they've actually come out, you know, sort of -- i don't know what, now, saying, first they said somebody should be fired and the question was should somebody be fired now and what they mean is anyone on a go forward basis should be fired. you tell me what you think of the now statement. in any event, here's how brown handled the issue in tuesday night's debate with meg whitman. >> somebody in your campaign referred to ms. whitman as a whore. a campaign spokesman then described that as salty language, and apologized.

we've heard no outrage from you about the use of that kind of language which to many women is the same as calling an african-american the n word. have you been in charge of the investigation in your campaign to find out who was responsible for using that phrase? >> i don't agree with that comparison, number one. number two, this is a 5-week-old, private conversation, picked up on a cell phone, with a garbled transmission, very har thing to detect who it is, and not only did it determine -- i didn't determine how it was used but the campaign apologized promptly and i affirm that apology tonight. >> you're repeating it to ms. whitman? >> i am. i do. it's unfortunate, i'm sorry it happened, i apologize. >> so jerry, it's not just me, it's people of california who deserve better than slurs and personal attacks. that's not what california is about. megyn: that race is -- has become one to watch. we're also on the campaign trail, anger bubbling over

this week as we get word the foreclosure rate soared in the last quarter. it just so happens that some of the hardest hit housing markets are in states where the political stakeses could not be any higher, think nevada and florida. stu varney is anchor of varnny & company on the fox business network and joins us now. and that, you may or national be -- or not be surprised, folks, has politicians like harry reid calling for what? >> a moratorium on the foreclosure process, at the local level, it makes sense. beat up on the banks, demand that hard pressed homeowners in foreclosure proceedings can stay longer in the homes they can no longer afford. so as you said, you've got harry reid in nevada, the epicenter of the foreclosure movement, he wants a moratorium, debbie wasserman schultz in florida, she represents that area, she is in favor of a moratorium, joe garcia, way down south florida, he also wants a moratorium. at the local level it makes sense to call for more --

moratoriums on foreclosures. megyn: politically it makes sense. >> politically it does make sense. at the national level it's a different story. that's why the white house is conflicted. at the national level, a foreclosure moratorium slows down any recovery in the housing market. megyn: why the white house hasn't gone that far. >> no, it hasn't. it says we want to get to the bottom of this paperwork mess from the foreclosures but we do not want a national general moratorium on foreclosures. megyn: what are the odds these banks are going to -- it's going to result in a national moratorium, because while they need to clean up their paperwork they don't want a national moratorium. >> they don't. it is a de facto moratorium because you've got attorneys general in 49 of the 50 states saying we want the investigation, we are going to investigate. the very fact of an investigation slows down the foreclosure process. megyn: slowing it down is one thing because once you have the attorney general investigating it, you triple check your paperwork. >> you do. megyn: but stopping it all together and the effects it would have and the overall housing market is another. >> it's another. but if you slow it down

significantly it's virtually the same thing, isn't it? you are prolonging the housing crisis. but what you're doing here is putting enormous pressure on the banks to get in a littleo give in a little, hey, you've messed up the paper work, give in a little, and megyn, we do have some evidence that that is smarting -- starting. in las vegas, bank of america is modifying the interest rate that some dispressed -- distressed homeowners pay, droping dropingt to 3 1/2%. they've giving a little. megyn: it's controversial, though, because the people who pay their mortgages aren't having their interest rates lowered. >> in las vegas, if you are a troubled homeowner with bank of america, you can probably get your home loan rate down to 3 1/2%. megyn: but if you pay your morton time. >> if you're a 30-year fixed rate loan holder and you pay on time, you don't. megyn: that's what led to the birth of the tea party, right? >> it's called moral hazard. megyn: that's what started things off. anyway, thank you. interesting.

significant developments now in the american tourist allegedly shot and killed by mexican gang members down in the southwest border. for the first time since what may have been an international incident, secretary of state hillary clinton is now speaking out. trace gallagher has more from l.a. that is so interesting because that's exactly what david hartley's mother wanted to hear from, from the beginning of this. >> reporter: yeah, she made a direct plea to hillary clinton saying help me get my son's body back from mexico and she heard nothing and now you've got congressman ted poe, republican, his district includes falcon lake, saying look, the u.s. consulate did nothing to help tiffany hartley at all and in fact the state department, that's him there, has been and i'm quoting, blissfully silent on this whole thing. today the silence was broken, because secretary of state hillary clinton appeared on "good morning america" and said the state department is all it can. listen: >> well, we are helping.

the united states government is supporting local law enforcement, supporting the authorities on the border, doing everything that we know to do o try to assist in helping to find the body and helping to find the perpetrators. >> reporter: of course, local law enforcement painting a very different picture, saying that u.s. authorities are not allowed to search in that falcon lake, that authorities are not searching for suspects because it's not their jurisdiction and that mexico is likely not doing very much on its own because they're outmanned and outgunned by the cartels. very interesting theory from statford, a global intel company in austin, texas, believes this whole thing was a case of mistaken identity, that the -- that they mistook the hartleys for spies from the rival gulf cartel because their plates are from mexico, remember they lived in mexico, and they were on the mexican side, exploring a church that was known as a drug dropoff point, when they found out they were

americans, megyn, the theory is they destroyed david hartley's body, hit the jet ski and killed the investigator to send a signal that this whole thing should be ended now. we're still looking into that theory. megyn: bone chilling new video giving us our first look of a gunman on a college campus. we'll show you what happens, after this. and the votes are already pouring in, in what is sure to be an election to remember. but how do we know all those absentee ballots are being protected? fox news goes searching for answers. and the fivey debate in one of the most talked about campaigns. but what happened after delaware's christine o'donnell squared off against rival chris coons? fox news was there, and we'll bring you our exclusive interview.

megyn: a police are

releasing surveillance camera and 911 calls, the for thage those joshua colt on tooley walking into a school library and suddenly breaking into a run, starting from the library, dressed in a suit and carrying an ak-47, witnesses called police as 19-year-old ran through the campus and opened fire. >> he was over headed towards utc from the church, had a suit on, it looked like, with some kind of header gear and it was an ak-47 it looked like. megyn: inside the building, tooley fired several shots, sending factsy and students scrambling. no one was hufrt, except for the gunman who took his own life as the police closed in well, it is one of the most watched races in the entire country, and last night, we saw a fivey debate between the two delaware senate candidates, democrat chris coons and republican christine o'donnell. coons trying to label o'donnell as an extremist

and o'donnell portraying coons as a marxist. here's a sample: >> i am not now, nor have i ever been, anything but a clean, shaven capitalist! >> well, i would stand to disagree, because first of all, if you're saying what i said on a comedy show is relevant to this election, then absolutely, you writing an article, forget the maxist comments, you writing an article saying you learned your beliefs from an articulate, intelligent maxist professor and that's what made you become a democrat, that should send chills up the spine of every delaware voter. megyn: james rosen, live in wilmington, delaware, you followed the whole thing and then caught up with christine o'donnell after ward and interviewed as no one other than james rosen could do. fascinating. >> thank you megyn. there was an intriguing remark that christine o'donnell made during the debate. she said she had to fight her own party, as we all

know, just to get the inform nation and be on the debate stage, but she said to some extent, i'm still fighting my own party. after the party, when asked if there was a rift between her and the republican, last week o'donnell said she met one on one with john cornyn of the rnc but when i asked o'donnell exactly how she is fighting her own party, she offered sharp words indeed for the nfrc. >> the committee is running ads against the democratic party, running ads, the republican party on the state level or the national level -- [inaudible] >> reporter: our interview took place in kildair's

irish pub where the candidate was welcomed by electronics -- throngs of supporters. o'donnell seemed at home and ill at ease in other settings. i asked how she would deal with being a public speaker and she began with saying she grew up in a large irish catholic family and -- >> i grew up in a large family where sunday dinners were crowded and noisy, so i had a lot of practice in speaking before crowds and trying to fight to get your voice heard. >> so you think you're a good public speaker? >> i don't say that, but -- why not. >> comfortable. because that sounds arrogant but i'm comfortable speaking in front of crowds and i obsessively love to meet to people, especially one on one. >> reporter: the candidates are debating right now for the second time in a hotel here in downtown wilmington. i stepped out to come speak with you, megyn and lo and

behold i heard some of the exact same language i heard last tphaoeufplt i feel so used, megyn. megyn: before we go, i'll use you one more time and said as somebody watching this, she needs a game changer. was there one, arguably, last night? >> no, there wasn't. but there were moments where both candidates were sort of put back on their heels. christine o'donnell, for example, could not name a recent supreme court decision with which she disagreed and she said gosh, on that the top of my head, i'll put it on my website tomorrow, chris coons, the new castle county executive equivocated to the point of waffling when asked if he would extend the bush era tax cuts for all brackets, he said yes no the majority, yes for the majority of small businesses, i don't think $250,000 a year should be the line but wouldn't say where the line would be megyn. megyn: so interesting. we'll see what happens. she has a lot riding on those debates. who better to cover it than james, who yes, we do use,

but thank you, james. >> thank you megyn. megyn: fox is your election headquarters and join me and bret baier for full election night coverage on november 2nd, beginning at 7:00 p.m. eastern. we will have a lineup of stars you will know well for their commentary, and fox, as the results roll in, november 2nd, see you there. well, there was breaking news on health care this hour and it is big. we are awaiting this moment a judge's decision on a lawsuit, a major lawsuit, challenging the constitutionality of the health care law. we expected that ruling, 20 minutes ago, they're going to be posting it any second. we're already getting preliminary reaction from both sides, sort of trying to spin it however it's going to come out. we're not going to bring that to you until we know what the actual ruling is. in the meantime we have amazing new poll numbers on how voters feel about the health care overhaul two weeks from the mid terms and neil bort -- boortz is live with what it means. president obama making headlines today as he changes his tune, you might say, on some of the comments he made repeatedly to try to

sell america on the stimulus plan. allan cooms weighs in on what the president is saying about shovel ready projects and here's a preview of the critics from charles caut hammer. >> that is -- kra*ut hammer. >> that is quite an admission, a trillion dollars and half a year later he said the things i talked about endlessly don't exist. it's not surprising that he doesn't have shovel ready projects that exist because haven't worked in the private sector, he wouldn't be sure what a shovel ready project is and they don't have them at harvard law school, so this is one of the greatest oops in american history.

megyn: well, there are serious new questions today concerning president obama and his push for infrastructure projects to help save the economy, this

is when he was pushing the stimulus, remember? here's what the president was promising last year: >> we got shovel ready projects all across the country, to start helping states and local governments with shovel ready projects. >> we are seeing shovels hit the ground. >> there are almost 100 shovel ready transportation projects, shovels will soon be moving earth and trucks will soon be pouring concrete. megyn: well, 15 months later, the president this week gave an interview to "the new york times", where the paper says, quoting the president, they say, quote, he realized too late that there is no such thing as shovel ready projects when it comes to public works. allan coombs is my guest and you heard charles krauthammer before the break and others said what could he be thinking, the very pitch he used to sell the stimulus, which is shovel ready, shovel ready, put people back to work, he now comes out and says um, turns out i was wrong, there's no such thing as shovel ready

projects. >> he's wrong to say he was wrong. let me get the numbers, he came up -- came up with a list of 19,000 projects, which is why he said it in the first place, you've got new york state, go to the website, it's got a list of shovel ready projects, as does the state of wisconsin. so i don't know why he said that to peter baker of the "new york times" which is in the upcoming interview, because there is all kinds of information about these shovel ready projects and i can name a bunch of them if you want. there's the wellsback and general gas mantle superfund site, the -- >> megyn: you know how many wellsback are creating? fifty jobs, $25 million of stimulus funds for 60 jobs. you mentioned it. >> the highway road construction in northern virginia. there's a list of this stuff, all of which creates jobs. i have no idea why he said that. shovel ready, meaning to -- meaning it's ready in 90 days. megyn: if that's your list -- >> i gave you two. do you want to go to the

website? >> megyn: he talked about $25 million in stimulus funds, to create 60 jobs, i'm telling you, maybe that's -- >> i don't with those numbers. what the hidden message is of people like charles krauthammer who i like very much and he's not a fan of the president, those whose agenda is opposite of those of the president, making this an argument to say look, the stimulus isn't working but the stimulus is working. according to the congress at budget office, you've created 2.4 million jobs, moody's says we've created 1.8 million, maybe the truth is somewhere in between. megyn: as you know before we passed the stimulus, it was unemployment rate of 8.2%, you had 142 million people who were working. after the stimulus, okay, september 2010, 9.6%, as opposed to 8.2% unemployment, you've got 139 people who are working, so that loss of 2.3 -- >> the trend is turning around and we're losing private sector jobs because of the census, for one thing. megyn: even the president --

you think it was wrong to say he was wrong. >> he was wrong to say he was wrong. megyn: let me ask you politically, what has he done to the democrats? >> he shouldn't have said it. megyn: the point he was making was how is this going to affect the democrats who are trying to get votes on things like health care and the stimulus and now constittens are going to say even the president said it wasn't shovel ready. >> the president acknowledged some things he did wrong, i don't think this is one of them, although he said he shouldn't have said shovel ready projects in the first place, i don't agree with that assessment. it's not good for democrats that he said that. megyn: democrats came together and voted with him on the stimulus bill. what kind of factor is that? >> people need to point out that the stimulus bill has parked and is working and that's the larger message here. people will take that one statement and say see, the stimulus isn't working. that is categorically undeniably untrue, the stimulus is working. megyn: the message doesn't necessarily mean to be that it's not working so, much as it was sold as a bill of goods and that bill of goods, the president now agrees was not supported.

>> i disagree when he said he was wrong, the bill of goods is supported, it's on all the states' websites, it's been vouched by -- i mean, these jobs have been created, the shovel ready projects are there. megyn: i think the white house needs to get rid of old robert gibbs and puts you in there, allan. if you're right and the president is wrong, somebody gave him bad advice. >> make me an offer. megyn: you're staying with us! thanks allan. there was a stunning exchange today between bill o'reilly, stay tuned for this, and the ladies of the view. did you happen to catch this? this is going to be all over the factor tonight. i predict. why did two of these women walk out on him when he was a guest on their show this morning? guess which two it was? you'll see it here, and it is something to watch. plus a controversial new reality series leaves one man with four wives, potentially facing some serious jail time. turns out that may be a crime. he's hired a top lawyer and the case today heads to kelly's court.

>> ♪ >> ♪ looking for love, in all the wrong place. >> ♪ >> ♪ looking for love, in too many places. >> ♪ >> ♪

megyn: fox news alert, we just got word we can expect that ruling in this major health care lawsuit within the next 30 minutes. it will break within the next 30 minutes now. a federal judge in florida, expected to hand down a ruling on whether or not the largest lawsuit challenging

the constitutionality of the health care law may proceed. the government came n. moved to dismiss the entire thing, saying it was absolutely meritless and couldn't even proceed. the attorneys general said nonsense, we deserve a trial, this is a legitimate challenge and the judge will tell us who's right within the next 30 minutes. the people behind this lawsuit, the national federation of independent business, and over 20 state attorneys general, the largest lawsuit yet to challenge the constitutionality of the law, the law has been held up by one judge, struck down by one judge, in one case it was allowed to proceed, in one case, not allowed to proceed and this is the biggest case of all and we'll see how the judge rules momentarily. just two weeks -- well, a little more, to the midterm elections and dozens of races around the country are neg and neck. now there are new concerns over voter fraud and absentee ballots. don't we hear it every time.

eric shawn, just because we hear it every time doesn't mean it's not a real concern. >> that's true. going to the voting day and voting on election day? that may be a part of the past for many americans. many are voting by absentee ballot, 6 million have voted early using absentee ballots but there are concerns that the expanded use could encourage voter fraud, faking ab sen key -- absentee ballots in new york, florida, and elsewhere, some like john hansen says the reliance on absentee ballots could make voting easier. >> i think the safeguards, as many as could be there are there, between the time of the registrar's office should have no idea what happened to it. >> in new york a special prosecutor has asked for dfa -- tkp-fplt na for # public

officials, five members of the city council, as well as political operatives, all part of a probe into dozens of allegedly fake absentee balance kwros. voters there told us they never filled out the absentee ballot applications and said they're phonies. but election officials tell us there are new and tighter controls over absentee ballots. we got a firsthand look at that security in manchester, connecticut, have veteran town clerk company capicio guided us through the painstaking detail that's used in his office. he points out there are multiple methods to ensure the integrity of absentee ballots and having ways to confirm identities to the number of each ballot. it's a labor intensive process but he says absentee ballot security is a prime goal and this type of voting is important. >> our hope is to enhance the process through creating more venues of opportunity for voters and voter participation. that is the goal.

>> he also said there's been an increase in absentee ballot voting in this town. by the way when they get the ballots they put them in a fireproof-secured vault, behind one of these metal doors, put them in there to make sure there's no hanky pankiy. megyn: in a lock box, eric. who can forget. thank you. well, we're also getting word today the democratic congressional campaign committee is cutting funding to candidates who are in trouble with their reelection campaigns. the dccc essentially giving up on some candidates in these five states, including ohio democrat congressman steve dreihaus who had this message for his own party: >> now the dccc is walking away. let's send a message to the dccc, let them know you support candidates who stand up for your principles. i need your help. please go online, make a contribution, help this race and send a message to the

dccc and to all americans that when we voted for change in 2008, we meant it. megyn: joining me now with more, rob thompson, radio talk show host and ben ferg sop, host of the ben ferguson show. gentlemen, this is so interesting because obviously the dccc has to prioritize its funding going into the midterm elections but this guy, among others, was saying i was there for you. this guy, for example, came out and said, dreihaus, i voted yes on health care, yes on stimulus, yes on cracking down on wall street and this is the thanks i get? rob? you walk away from me, when i'm now in a tough race, and the reason i'm in a tough race is because i said yes on those votes, and you leave me? hang me out to dry? >> well, i'm not sure if it's being left out to dry. i think it's being politically practical. if you're in a race, the democratic party, does not feel there going to win why should the dccc drop the money down a hole that's bad

and not spend the money where it's needed and have some in ready reserve up through the next two weeks? so yes you are going to see political triage, some of the funds cut loose. we're aggressive but practical. we realize there are wholesale losses coming our direction and the ones we can hold on to, we've got to spend every penny there. absolutely the truth. megyn: that may be a political reality, ben. >> no, i think what you have here is you have people that, number one, the president's big word, the difference between now and 1994 is you have me. he said i'm powerful, i'm big, you'll win, give me the votes i want in health care, i know people don't want t. i know it polls with the american people badly, but you have me and now what they've said to these people, hey, we've lied to you. the democrats in control now should be livid because they made votes based on the president saying you have me and now we realize that the president means nothing in these races because of his own popularity and if they

would have stuck to what they believed in, they wouldn't be in as much trouble but that's why the democratic party has troubles, they had people vote for things they didn't believe in because the president and rahm emanuel said you're going to do it. megyn: the man thinks the money entitled to him is going in part to the candidates who voted against -- did thetic candidates who voted against some of those initiatives because the dccc seems to think the other candidates have a chance of holding on to their seats, and he said i'm there for you, i don't get the money and the guys who voted against these initiatives then get funding, rob? >> it's absolutely pragmatic. this is about winning electricals. that's the bottom line. at the end of the day, november 3rd, we're going to take a count, to see who has the majority in the house saepbdat and right now, we are previous voting record be damned, you're with us or against us, and whether you win or not, and when you look at what the dccc is doing, they're getting ready for the last fight, holding on to the last alamo, this

is the last fight. megyn: let me ask you this question, because we only have a limited time and i want to get to this. how does this affect democrats on a go forward basis in the house? after november 2nd if the president and minority leader palestinian pell goes to them and try to whip up votes saying please vote for us on the hard issues, we'll be there for you next election, what good are those promises now? >> kiss it goodbye. the biggest problem you're going to have with the democratic party and this president is a pr issue because you've got a president that said the difference is you have me and they don't have him anymore, and they made votes, and they should learn from this, you don't vote for things that you cannot defend in your own district, if your own district hasn't won, look at georgia, he voted republicans, 65 percent of the time, and nancy pelosi wouldn't even have lunch with him and he's a democrat. so i mean, that's how much trouble they're in, they're saying i vote with republicans more than democrats because their own party said we don't care what you did for us, we're going to do whatever we can

to win. and if you helped us, tough luck. megyn: tennessee democrat ray harren who says the dccc pulled his funding after he came out publicly and said he would not vote for nancy pelosi as house speaker if the democrats maintain the majority. >> you know what, that's what they did. they went after this guy, said if you don't give us -- look at it -- >> megyn: i got to go. i got to go. here's the bottom line. it's getting ugly. politics is ugly business. rob, ben, thank you very much. >> it's fun business! >> megyn: okay, a story ahead that we promised you yesterday but did not get to, a woman beaten and dragged across the sidewalk by a would-be robber. why is she so desperate to hang on to that purse? it's an incredible, good, and heart wrenching reason, and we promise you, we'll bring it to you, five minutes away. >> breaking news on the health care overhaul, stunning new polls as we await a critical ruling. neil boortz with what this will mean for everyone's health care, right after this break.

megyn: fox news alert, brand new fox news opinion dynamics polls just off the press, these have just come in and they are on the hot button issue of health care. 59 percent of likely voters, likely voters, now say they would like congress to repeal all or at least parts of the health care law. 59 percent. 21 percent want to expand the law. 15 percent say leave it alone. neil boortz is syndicated talk show radio host and an attorney. now you've got 59 percent of likely voters, these are people who are expect to go have a say at the ballot box come november saying i want to repealed in whole or part. >> there hasn't been any good news. ever since they passed this monstrocity, all of the subsequent news stories that

have come out have been negative. insurance companies are canceling polices that ensure -- that insure children, other insurance companies are raising the premiums on those polices. wee find out that medicare advantage is going to take money out of the pockets of our citizens. just all of the news has been negative. the democrats don't even want to campaign on it. the only democrats that are campaigning on obamacare are the ones that are saying hey, i didn't vote for it. megyn:megyn: mig i want want -- just want to go through the examples with you. you mentioned the medicare advantage program, this is for seniors, and there was a big debate about how hard this was going to get hit over the debate over the bill, now the chief actuary has come out, richard foster, of cm is. , has come out, sets medicare and medicaid services and has come out and said considerable increases in the out of pocket costs for medicare advantage programs, meaning seniors who are on that

program, they were expected under the current rebate to get about a $1000 rebate in 2010, now under the new law, by 2049 -- 2014, a $3 debate -- rebate. that's clearly on out of pocket response. now the latest uptkaet, aetna, regis, blue cross and blue shield, announcing rate increases, shall insurance companies dropping out altogether, hartford pilgrim which says it's not going to provide this tphoeupl, principal financial group in iowa, saying it's going to pull the plug, forcing 840,000 customers to find a new insurer, then you've got united health, wellpoint and u -- humana, no longer writing individual only health care polices. where is this going? >> it's going, i think, megyn, i would make the argument it's going exactly where the people that passed this bill wanted to go. it was intended to destroy

the private health insurance market so that a year or two years down the road, the democrats could say see, this doesn't work, we have to go to the government option, we have to have a single payor, in other words, the government has to pay all of these bills, you need to be dependent on the government for your medical expenses. megyn: you mentioned, look at the poll in the intro, 57 percent want it repealed in whole or part, but 21 percent, neal, who wand it -- who want it expanded. one can assume those are probably progressives who wanted to see single payor, government-run health care from the beginning. >> well, absolutely. absolutely they are. and their also, megyn, they are also people who are perfectly content to live at the expense of others. the moocher class out there. i have a right to health care, you provide it to me. i have a right to a place to live, you provide it to me. i have a right to food, you provide it to me. and there's always going to be a segment of every

society, every culture, every population, that falls into that category. and there are all sorts of people that say more, more, give me more of this government health care stuff. mig the question is whether they'll wind up getting their way not necessarycle because there's the political will for it but if we continue to see insurers making these decisions, where are we going to be. neal, got to run, appreciate your insights. >> thank you megyn, thank you ma'am. megyn:y expecting brand new fox polls on the mid terms, this is coming piecemeal, including who you want to vote for. and we promised you this story yesterday, a mugging victim will not give in. up next, why the woman says the contents of this purse were more important to her than her life. >> a bird, a plane, the mystery ufo over new york city, that as we await the new health rare ruling -- health care ruling. >> i was looking out my living room window, there were 50, 50 of these stars, doing the same thing.

megyn: well, now a story we promised you yesterday, a violent robbery caught on tape in l.a., the victim? a grieving mother. she said she was willing to die to save the contents of her purse because there was something absolutely irreplacable inside. trace gallagher, you watch the tape, trace, you think what could it possibly be that makes someone risk their own life. >> reporter: it's true and i want to show you this surveillance tape, give you an idea of how hard she struggled, and what she was fighting for. near venice beach, a guy jumps out of a van, he grabs the purse, he throws her down, she's not letting go, he drag the her along the sidewalk, he falls down, he gets up, he starts punching her, megyn, in the face, she will not let go of the

purse. why? because inside the purse, there's a recording of her infant daughter who had just died after a battle with pediatric cancer. the woman told authorities, and i'm quoting, when it happened it's just thought i'm going to die, i can't let go of this because it has my baby gurgling, saying mommy and laughing. the attack happened ten weeks to the day that her infant daughter died. she says it happened to the day t. happened to the minute. she held on to the purse, she still has the recording. the suspect, though, is still at large. megyn: oh my gosh. >> reporter: she just moved from new york, megyn, to l.a., the day before this happened, to try to start a new life. megyn: is she okay, trace? it looks like she got beaten up pretty badly. >> she did, she got bumps and bruises but she's okay, she doesn't care, she's got the cell phone. that's all she cared about. megyn: oh my goodness. you can understand, what you hear that story, you can

understand. >> reporter: sure. megyn: wow, okay. thank you, trace gallagher, so much. >> okay. megyn: fox news alert, any second now. at 130 time, they said within 30 minutes so literally any moment, a federal judge in florida expected to hand down a critical ruling on whether or not the largest lawsuit challenging the constitutionality of the new health care law may proceed. and in just hours, harry reid and sharron angle, head to head in an event that could end the political career of one of the most powerful democrats in washington, up next. what to watch for. and what do you get when you mix bill o'reilly with the ladies of the view? normally it's entertainment. today it may have gone beyond. we'll show you what happened, moments away. >> oh, my god!

megyn: fox news alert. we apologize for k50e7g you waiting -- for keeping you waiting. but we keep being told it will

come at any minute. there is a federal judge in florida who is expected to hand down a ruling within 6 seconds on whether the largest salute challenging the constitutionality of that healthcare law may proceed. the government filed a motion to dismiss this case on the paper. they said it didn't deserve its day in court. they won that case in michigan but they lost it in another state. they won one, lost one, and this is the big one in florida the entire nation is looking to to see what the florida judge does. will he alloy the lawsuit to go forward? bill mccollum is the florida attorney general. he's heading up the lawsuit. we are getting preliminary reactions from the department of justice which is trying to set the table for a potential loss in this case. i don't know if they know something we don't knowf or if

they don't think the arguments went well. as soon as we get the ruling we'll bring it to you. i expect we are going to get it any second now. a fox hours in election alert. brand-new polls show slipping support for president obama. 43 per o% of registered voters e of the president's job performance. his disapproval rate is up 2%. so it may not be fun for president obama and the democrats according to the latest polls. we keep looking at the presidential approval rating because conventional wisdom is this will be a referendum on president obama and his policies. >> reporter: historically when a president is below 50% in a

mid-term election history tells us that's a loss of 35 seats in the house at least. now you have president obama at a 43% approval rating. you have a generic poll that has the republicans up 48% to 39%. a 9-point difference. again historically republicans outperform the generic ballot question by 3-5 points. so the enthusiasm, as you look at guam anlookat gallup and othn the republicans' side. megyn: the democrats say don't pay too much attention to the polls. they only poll houses that don't have cell phones. the republicans are saying it may understate the republican lead because a lot of the first-time voters aren't in the

likely voter polls and those first-time voters may include a lot of tea party folks fired up for the first time. >> reporter: you are starting to see indications in other questions. but they are to both fair points on both sides. we are talking about the historical averages. but with cell phones there are another set of factors you have to look into all of this. the interesting thing about these new polls out by fox, the enthusiasm is still on the republican side. 71% very fired up about the election. 64% for democrats. that has increased significantly in the past month. and you are starting to see more people pay attention. that is what happens as you get closer to a mid-term. megyn: i want to put this other powm that shows 75% of voters polled who say they are extremely or worried about the future of the united states. 75%. what a number.

>> reporter: that tracks with a lot of polls that say a high concern is the deficit, the debt passion on to children and grandchildren. the right track-wrong track polls you see. wrong track is dominating. that's why democrats will have a vale uphill battle come november 2. megyn: you will be there, i'll be there. i'm looking forward to seeing you. we'll be co-anchor illegible fo- we'll be co-anchoring the election coverage right here on the fox news channel. from america's election headquarters we are hours away from a critical debate, one that could determine whether one of the most powerful democrats in washington gets to keep his job. harry reid of nevada facing off against his republican challenger. the polls for these two are neck

and neck, day after day. carl cameron is where else? in vegas. according to the latest poll i saw they are within 2 points of each other. so this debate could be a game changer. >> reporter: the mason dixon poll gives a 2-point edge within the margin of error. it's a petrie dish or symbol of what's happening across the country. you have no more powerful men on capitol hill than hsh. he's -- in shairng angle you have no better example of a fire brand and combative who pretty much cape out of nowhere. won the primary, surprised fellow republicans and has pulled to a stunning tie. just yesterday, former president bill clinton was out here in

nevada trying to feel the pain after silver state voters. it's a miserable economic situation. it's got worst unemployment in the country at 14.4% and the highest rate of foreclosures. five times higher than the rest of the country's rate. 1 in 29 houses here is in foreclosure. angle make the argument that harry reid is responsible as the person who ran through much of the obama agenda through the senate. and reid counters that she is not credible. some of the thing she has said suggests she is not ready to represent nevada or anything else in the u.s. senate. tonight's debate here in nevada will be a serious clash. it's las vegas, baby. there are no rules to this kind of battle. they will try to keep to it time. but suffice it to say this is one of the hottest races. knock off hsh i -- knock off lia

jewel in if the crown of republican hopes. in the margin of error, she is a head today. megyn: a tense scene shaping up in israel where a lawmaker is saying assassinating iran's president will do the world a favor. he's speaking to a huge crowd near the israeli border. that's a hezbollah stronghold and the scene of fierce fighting between hezbollah and israel in 1996. >> reporter: the person who said this is a hawkish member of the israeli parliament, we don't know if there was a serious consideration to assassinate

president ahmadinejad. but it is a tool used about it israelis a lot. they killed the moraler leader of hezbollah in lebanon. today ahmadinejad was just a couple miles from where i'm standing. overhead we had the tool israelis have often used in assassinations. the apache helicopters armed with their missiles armed overhead. the rhetoric from the lebanese side of the border has been intense. there is a poster of ahmadinejad that says "yes, we can." the picture is the same guy who said he wanted to wipe israel off the face of the earth. the rallies are on the way to rally the hezbollah base in southern lebanon is a group trained, funded and controlled by iran. these rallies are trying to consolidate that power. we saw ahmadinejad out there giving his speech.

however, back here in israel we didn't have any assassination attempts that we know on ahmadinejad. and there might have been a clear gamble made about it israelis that they understand ahmadinejad is really the mouth piece for the ayatollahs back in iran. megyn: leland, thank you. it was the clash of the titans on day time tv just a couple hours ago. >> oh, my god! >> muslims didn't kill us on 9/11? is that what you are saying? >> i'm telling you, 70% -- megyn: it went down hill from there. the debate that sparked that

midday meltdown and how the dust-up ended right after this break. one wife within not enough to satisfy a utah man, so he's juggling four brides and doing it well enough to spark a reality tv show. the problem is, criminal prosecutors watch tv, too. it takes a lot to make a new yorker stop and stair. but something in -- stop and stare. but something caught the eye of the police and the faa. what is out there? >> maybe superman, maybe wonder woman. she stays tough! earlier, she had an all-over achy cold... what's her advantage? it's speedy alka-seltzer! [ male announcer ] alka-seltzer plus rushes relief for all-over achy colds. the official cold medicine of the u.s. ski team. alka-seltzer plus. ready to try something new? campbell's has made changes. adding lower sodium sea salt to more soups.

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megyn: day time talk explodes into a firey war of words when "the view" meets the no-spin zone. bill o'reilly says the president

has failed to connect with the american people and he cites the debate over ground zero. what happens next is something we have never seen before. >> 70% of americans don't want that mosque down there. you want to bet? i'll show you that poll in a minute. they don't want it. >> why is that? >> they think it's appropriate. >> muslims didn't kiss on 9/11 is that what you are saying? >> he can realists. >> i'm telling you, 70% of the country -- >> you are outraged about musl

muslims. >> i want to say something to all of you. you have just seen what should not happen. megyn: barbara walters was not a fan of those two women getting up and walk off of that set. joining us with more andrea santaros and jeannette green. a former advisor to hillary clinton. it seemed to go to another level what whoopi and joy getting up and walk off that set. what kind of message are they trying to send? >> if they were trying to convince anybody of their point, they failed. the message was the show is called "the view" for one reason and not the views.

they tolerate only one point of view. o'reilly came on the show armed with facts. he was arguew from a position of strength, he had numbers to back it up. they did not have the facts to back it off so they stormed off the set. this is that it schtick, if we don't agree with you we are getting off the set. to have o'reilly come on the show and actually challenge them, they couldn't take it anymore. megyn: bill has said things on that show before that joy and whoopi don't like. that's not knew for his appearances on that show. but they seemed to be making a point and one could argue they were trying to play to the liberal base that watches that show who might not love bill. and sort of walk away as the heroin. >> i have to agree personally

with andrea and barbara walters that should not have happened. i do not think that bill o'reilly came armed with facts. he came armed with polarizing statements around the fact that muslims killed us on 9/11. >> that's a fact. >> those times of the statement were not said around timothy mcveigh and oklahoma. no one would have said christians kid us. megyn: they did. wake up. >> we do need a meaningful political dialogue. what the right have done to polarize this country around this issue is just a shame. this is an opportunity to appreciate and understand one of the basic principles that our country was found on. unfortunately bill o'reilly played to that. megyn: let me ask you this. did he or are they being too hard on them. there is no question that yes the people who attacked us on

9/11 were muslims. they were radical extremist muslims. bill omitted that word in the heat of an argument. they trite as if he intentionally condemned the entire religion of islam. was that a fair leap on their part? >> no. they should have stayed in the chair and behaved like adult and expressed their views to bill o'reilly. no, you forgot the word extremist. bill is a fair guy, we know that. he would have conceded that point. megyn: let me show what you happened moment after the exchange we just saw. >> if anybody felt i was naming all muslims -- look -- look, the issue is that it's inappropriate because of the context of what happened on 9/11. if i was inartful in explaining

that muslim fanatics, terrorist, whatever, killed us. megyn: was it fair for them -- it was a short form. was it a short form that it was muslim extremists. do you have think bill o'reilly thinks the entire religion of islam was behind the attack on 9/11? or were these two women looking to score points. >> i think they were frustrated. they are frustrated with bill yoo riley's inartful comments and president obama's inartful comments. the president should have been more clear with his comments. megyn: he wanted the president to come out and say there was a constitutional right for the mosque to go up, about it was more alley wrong, there was a problem morally in doing so because it happened to be muslim extremists who attacked us on

9/11. >> i want to address the one point. if you notice when bill o'reilly mentioned the poll over 70 per of americans disapproving of the mosque, that was on cnn. the audience applauded. the view -- megyn: the they applauded when e ladies walked off. it's not about the liberals. >> 70% or higher of americans at some point felt that women shouldn't vote. thought that african-americans shouldn't have rights. he cannot point to these times of polarizing types of polls. we have to have a meansful dialogue. the ladies on "the view" did not contribute to a meaningful dialogue. >> you are comparing apples and oranges. >> we cannot govern based on

polls. >> cnn and cbs polled, the majority of americans say build the mosque, just don't build it there. megyn: generally the principles behind the first amendment when discussing people's views are the answer to speech that you don't like is not less speech, it's more speech. you are not supposed to get and walk out. you are supposed to have more speech. more speech got these folks back toy where they were together on the couch. you will hear what bill has to say about the entire dust-up. there is much more. and you will see the entire exchange tonight only on the o'reilly factor 8:00 p.m. eastern time. do you want to hear what mr. o has to say about that? i do. sign me up. for reality tv hollywood has nothing on chile. the whole world watching as one by one the trapped miners made

it back to the surface. one reunion takes the case when the mistress takes the wife's place. did you hear about this guy bearing it all before the president to win a million dollars? and if getting busted wasn't enough. wait until you see what he has to do to get a big payday. >> i hope they don't take it that harsh. lots of people have been streaking. this is just -- it's something that normally happens in other countries. it doesn't happen that much in the u.s. diabetes testing? it's all the same. nothing changes.

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unfolded. we got to note anecdotal stories, the guy with the wife and mysteries. the physical fitness nut, the guy who is too high to be on

camera. as the saga continues to unfold it's a living soap opera. we'll come to know each and every one of them. we have gone through this poor man's extramarital situation in a way i'm sure he didn't intend it was as we were searching desperately for anecdotes in the buildup to the rescue whether it would succeed in part to alleviate our own anxiety over this technological miracle. we came to focus on the more personal aspects of the story. megyn: the world watched this. the ratings -- people are interested in this story. even here in america, and you say it's sort of like what happened with apollo 13. >> reporter: remember "houston, we have a problem"? it is like that. we had the apollo program.

the exploration of the moon was pretty new. we had abol oh 1 and we lost three astronauts on the launch pad. 1969 we succeeded in landing a man on the moon. so apol apollo 13. we have the explosion, now we have to get them back. we had to improvise, test the limits of our edge logical techl capabilities. life was on the line. we all watched as the space capsule came rocketing back. the paper and q-tips and gaffer tape. it was a near death experience. i really think that that is an exact parallel.

they are not so personally engaged and involved in what's going on in other countries. we came up close and personal about this. the nation, the world now after the economic recession. the great recession, we are kind of deflated and partisanship as divide us. we are pessimistic about the future as all the polls indicate. we needed something uplifting. we watched as they tried to piece this together and not to mention of the fact the three efforts, the one that was being engineered by the united states, our guys just back from afghanistan that's the one that succeeded. so we applaud the hometown team that helped this miracle happen. it became our story as much as it became a story of the chileans. to see it put together and improvise and be the best we can be. now they are up and they will all be millionaires. they will get movie deals and

book deals. they my never go back down into the deep, dark hole. i never knew how he would be doing it in the first place. megyn: i wonder which role you will play. >> i'm reformed. megyn: geraldo has a special on this this saturday night, for "miracle rescue. ". 10:00 p.m. saturday night. all these great miner stories are on the web site. that's foxnews.com/latino.com. the military voting act was supposed to guarantee our bravest mayor cans could get

their voiced heard. but a new report suggests that may not be happening in several states. what is being done about it? that's right after this break. a guy makes a heartbreaking decision to put his aging dog to sleep. he takes her home for a proper burial in the backyard after he has gone to the vet, and what he saw when he woke up the next morning nearly gave him a heart attack. i can't believe the story. plus the reality star with a whole lot of wives all at one time finds himself in a whole lot of legal trouble, shocking. in "kelly's court."

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megyn: fox news alert. we are trying to learn what is happening at a federal courthouse where we are expecting a critical court ruling that will affect everyone's healthcare. we were told to expect this around 1:00 p.m. eastern. then we were told 2:00 p.m. eastern. still nothing. this judge we are waiting to hear what he says on whether or not this largest lawsuit challenging the healthcare law will go forward. it's not like federal judges to say you will have it at this time and then not release it. we'll find to find out what's going on. meantime a major voting controversy in the land of

lincoln where key races could not be tighter. every vote will matter november 2. the justice department wants to know why illinois may have missed the deadline for mailing absentee ballots to members of our military serving overseas. at least one county with a large portion of military ballots now admitting it sent them late past the deadline. now the state election officials say it's possible those ballots may not be counted at all. we have the chairman of the republican lawyers association. you have state officials admitting the military is going to get short end. sorry, we couldn't get them out in time. you men and women serving overseas will be disenfranchised. >> it's not a first. it happened before. all the way back to 2000 before we were in a war in the florida recount. and there was a big to-do about

a lot of military ballots that came in late. that was the wakeup call it's now 10 years later and we still have counties all over the united states, new york, new jersey, arkansas arkansas. connecticut is not alone. megyn: you can make an argument that's valid or respond with boo-hoo, they are fighting a war. get your act together and get them the ballots. to its credit the doj is looking into that one and looking into the illinois situation, too. >> that's not a valid answer. they have had a year prepare for this. they knew what the deadline was. the justice department has been kind of late. the only thing they have done up until this week when they filed suit in new york which by the way is delinquent probably worse than illinois. the on suit they filed was in

guam. so the justice department is late to the fire. megyn: why is that? why are these states blog off the deadline when it' -- where e these states blowing off the deadline? the military are fighting for our freedoms. they lay their lives on the line to protect those freedoms. if anybody in this country should have first priority at voting, why shouldn't that be the highest priority and what's really going on. >> my concern with the justice department has been there has long been a feeling in the democratic party that these votes are republican. i have to say in fairness that it is both republicans and democrats who are missing these deadlines. but the question is why was the department of justice on this 6 months ago. this is predictable. i'm not surprised there is a lot of counties that are not complying. election officials tend to treat -- this may be shocking --

but a lot of election officials treat deadlines as something for somebody sells, not them. when you are talking about military ballots you can't let deadlines slip because it takes time to get the ballots around the world and get the ballots back around the world. the solution here frankly is that all those ballots should be counted no matter how long it takes. megyn: if you have to hold up the certification of the election results, you don't disenfranchise untold members of the men and women. they can email in their vote. or fax their vote. how are the men and women serving on front lines supposed to do that. >> they don't think about how complicated it is to get a ballot out to a battlefield, some remote station, then get that back. extra time needs to be allowed to do that. if they can't get it done in time there needs to be enough time to count them. but one of the thing that bothers me, when ballots go out

late, men and women in the armed forces figure maybe their ballot isn't going to count because they can't get it back in time so they don't vote. this -- and then those ballots that come in and get held, then they become fodder for fights like the fight in florida where the democrats tried to keep from kowrnting those ballots because there weren't stamps on them. megyn: there is a reason why they passed this federal act requiring the ballots well in advance of the elections. thanks so as much for giving us the update. all the best to you. it takes some men a lifetime to burn through four wives. this guy is not even over the mill. his lifestyle is the focus of a reality series and a possible criminal case. legal? "kelly's court" knows. during the break check out foxnews.com/americalive. read up before the gavel drops.

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megyn: "kelly's court" is back in session. on the docket today, holy matrimony. >> i just fell in love. then i fell in love with janet, then i fell in love again. >> this kody's 13th child. >> some people think how do you feel when he's off with another woman and you know they are having sex? gosh different, they better. four wives, 16 children, and one legal showdown for the ages. 42-year-old kody brown getting a whole lot of love on his reality series "sister wives." living as a polygamist outside salt lake city, utah. now with cameras everywhere from the bathroom to the bedroom, brown is lawyering up. apparently prosecutors have

cable, too, and they are considering bigamy charges. let's ask arthur aidala and criminal defense attorney joey jackson. arthur, turns out the prosecutors care if you marry four women at once and are considering bringing bigamy charges against him. do they have it? >> in that state they usually turn a blind eye to these things. i relate it to marijuana in new york city in the early 90s. people would walk down the streets of manhattan smoking marijuana cigarettes like it was no big deal. the new mayor came to town and said this law on the books we are going to enforce it. even then you couldn't take a joint and exploit in a cop's face. that's the equivalent of what's happening here. i'm going to have a television show and tell the whole world about it. megyn: first, what is the legal

defense to this charge? >> there are a couple legal deferss. first you have to establish that he's legally married, were they spiritual marriages or actual marriages. if you can't establish that you have to look at cohabitation. you have to look at if there are certificates that can establish the marriage. megyn: he apparently only legally married to one of them. >> so thereof yo so therefore ye first element that's not satisfied. you are dem straict it as a matter of ceremony but not legal course. that would be defense number one. the second defense would be if he is cohaab tag it, tha cohabie women. that would be a no-no. megyn: that's a moral no-no for some of us and a legal no-no in

utah. if that the case, they got him. >> joey is right. they have to get over the first hump and say these guys are really married. they are not just playing it for television to make a lot of money. megyn: if you are only legally married to one gal and spiritual marriages to others. he's fine there. so the question is whether he's cohabitating. >> according to the law, it is a defense to bigamy that the accused reasonably believes he and the other person are legally eligible to remarry. megyn: that's the first point. he wasn't legally trying to marry all four. he was spiritually married to three, legally married to one and cohabitating with the others. the prosecutor is likely to look at clips like this one. stand by.

>> if you are good with one marriage, you will be good with two. hopefully i will be good with four. >> if it happens, she has to be amazing. >> i knew it would be complicated. but i didn't know it what break my heart. >> the wives work together as a team. i want to be part of that team. megyn: stand by. got another one for you. >> this isn't all rainbows and flowers when you go through this process and fall in love with somebody else. >> i don't want to hurt anybody, and i don't want to make anybody uncomfortable. it's a little bit difficult for me. >> you have got rob bin going, t robin saying i'm not going to hurt them, but there is no way around that. >> look at that suv, is it big enough? megyn: not for that family.

>> this is about selective prosecution. there are a number of families in utah that live this way. megyn: 38,000. >> should you be blowing snoact face of the prosecution so they will be coming after you? at the end of the day people have the right to live their lives in peace. megyn: arthur, can they claim a religious exception to the law? it's part of their fundamentalist mormon religion and there are 38,000 americans does this. >> when this was litigated by the united states supreme court it held these laws against bigamy are constitutional. they are founded in protecting minors. it has to do with older men marrying these little girls and corrupting them and abusing them. >> here is the point. the point is that it hasn't been

prosecuted in utah in 10 years. because it protects minors, the only reason that case mr. green was prosecuted was because it involved sexual abuse of a child and not supporting a child. this is a different issue. >> here is the thing. if they choose to prosecute, the law is on their side. >> let them live in peace and harmony. megyn: i don't think four wives leads to peace and harmony, but then what do i know. i'm just one wife. if only one marriage is legal and the others are spiritual he may have an out. however, utah law considers cohabitation with three other women while married to a different woman a crime. and the show proves he's doing that. he's in big trouble.

megyn: fox news alert. we have the ruling from a federal courthouse in florida on the constitutionality of the healthcare law. whether the challenge to the constitutionality may proceed. that judge has said that case may go forward. that the challenge for now stands. it's not a ruling on the merits. he has not struck down the healthcare law as unconstitutional. the judge simply said that the argument that it is constitutional may proceed on the merits. the feds said they wanted the what is thrown out without him look at the merits. that judge has rejected that. two of the counts, one and four, the main count. 1 has been allowed to proceed as well as count four. that's a trick vi for those to

challenged this law, including southern general bill mccollum in florida. this -- the feds had a couple challenges to the healthcare law. you have got -- there was a motion to dismiss filed in this case. there was a motion to get rid of the case that had been filed in detroit, michigan which the government won. in that case they were arguing that the individual mandate in particular was unconstitutional. and the feds won the argument there with the judge saying, no, they are allowed to do that. then there was a different ruling in virginia that allowed a challenge like the one we see in florida to go if forward. now the florida judge has two conflicting rulings and he decided to let this massive challenge to the healthcare law go forward. bret, my special question for you, now you have 20 states behind this lawsuit. and the judge says, fight out in court. i'm willing to hear the arguments. how does this play politically in terms of gearing people up

with three weeks left and three weeks to go before the election. >> reporter: healthcare was a big issue across the country. 65%, depending on the poll, saying they are against the current healthcare law. depending on the poll, many want it repealed, replaced. that factors in in almost every race on a nationwide scale when it comes down to the house or senate. this ruling as you mentioned means it goes forward. it's the first step in the process. the department of justice is spinning it saying they expected this to go forward. bit is a hurdle that the attorneys general have crossed who are challenging the healthcare law. they have to make the case in oral argument set for december, and this is the way most analysts believe that the healthcare law unravels because even if you repeal it or replace it by a republican house, it still could be vetoes by this president, president obama. so the legal challenges are the

biggest threat to the current healthcare law. and they will now go forward. megyn: getting a little bit of the language from the judge's opinion. this is from the conclusion of his decision. stay with me. it's not a ruling on the merits it's a ruling allowing the case to go forward. this is what he says. he says, look, there is a widely recognized need to improve our healthcare system. how to accomplish that is quite controversial. for many people it's one of the most pressing national problems of the day and justifies extraordinary measures to deal with it. however, a judiciary that license extra constitutional government with each issue of comparable gravity would in the long run be far worse. so on that basis the judge says i'm going to have to hear this if congress overstepped its bounds in this individual mandate. mandating that people who don't have healthcare coverage and

don't necessarily want it have to get it. the question is whether congress overstepped its bounds. >> reporter: this case will make its way most believe to the supreme court because it's a constitutional question about that mandate. part of the argument the prosecutors made is they characterized it as a tax. you remember back when healthcare was being debated the president was asked about that. he said this is not a tax, this mandate saying everybody has to have health insurance. sew it's interesting the arguments -- megyn: they had to reverse themselves legally base it's more helpful for them. the main power congress is using to pass this individual mandate has been the commerce clause which is so broad and allows congress to do so much. but in the past decade or so the supreme court has shown more of a willingness to strike cowan laws passed under the commerce clause. there was an attempt to ban guns from a school zone.

all based on the interstate commerce effect. the court said, you know what? we are not saying they are not good causes. we are saying there is a limit to congress' power. the judge said here, he says i am only saying that the plaintiffs here have at least stated a plausible claim that the line has been crossed. so now this plays out -- this plays out in the courts and won't be resolved before the people go to the ballot box on november 2. >> reporter: the issue is huge across the country and huge legally and eventually it will be in the u.s. supreme court. megyn: it will, especially with diverging rulings like this. the lawyers will be in business for a while. unbelievable, folks. in the city that never sleeps, look what stops people in their tracks. silvery objects seen in the skies of manhattan. the faa flood with