get term limits in congress, i'm for it. women subservient and all the rest, nothing will change. >> social network something going to change this generation of arabs, i believe that. >> sean: great discussion tonight. good to see you congresswoman. mr. beckel, you made a lot of sense tonight. greta is next. we will see you back here tomorrow night. >> greta: tonight it is terrifying, americans racing for safety scrambling to get out of egypt fast. egypt is extremely tense. protests are growing. unpredictable and without doubt unsafe. it is about to intensify on the streets. protesters, one million at this hour beginning to take to the streets. egypt's president is trying to make it very difficult for them, cutting off phone service, cell service this is happening now it is already morning in egypt.

and we'll take you cairo. dr. kissinger is here and john bolton both here to go on the record. first, president obama, nancy pelosi and harry reid all got body slammed today. federal judge declared not just part but their entire national health care law is unconstitutional. the judge declared congress exceeded its authority by forcing americans to buy health insurance. the decision is the second ruling by a federal judge declaring the individual mandate unconstitutional. the first judge to go one step further and throw the entire law out. the florida lawsuit is the biggest one out there. brought on by mostly republican governors and attorneys general from 26 states. if you don't think is huge, listen to the states: alabama, alaska, arizona, colorado, florida, georgia,

idaho, indiana, iowa, kansas, louisiana, maine, michigan, misdemeanor, they brass -- mississippi, nebraska, north dakota, ohio, pennsylvania, south carolina, south dakota, texas, utah, washington, wisconsin and wyoming. florida attorney general bondi joins us live. good evening. >> good evening greta. >> that was not just a little bit of a victory. it looks like you had a huge victory, am i wrong? >> no, you are right, we had a huge victory today. we are all excited, all 26 of our states and of course oklahoma and virginia, who have their independent lawsuits going as well. so there's 28 of us total, we are very, very pleased with the judge's ruling.

it wasn't only a scholarly ruling. it was very complex. but also simple. what it said is that the federal government cannot trample on our rights. >> greta: i always like rulings that i thought went my way so time going to tease you about that. will you oppose if the federal government is willing to go directly to the united states supreme court, and bypass the court of appeals -- time is of the essence and everyone knows this is going to be decided by the supreme court. >> it is. and i have 25 other states to consult with. we will be doing that tomorrow. having that very discussion. we needed the ruling first of course before we could make that decision. i agree, time is of the essence. it is certainly something we will be closely looking at tomorrow. >> greta: declaring the entire statute unconstitutional which is why it is so big it is different from the mandate.

those state fast are not members of the lawsuit, the ones who aren't part of the 26, this applies to them as well? >> well, that's our argument. that it applies to the entire country. but, certainly it does to the 26 states involved in the lawsuit as well as the national federation of independent business who joined in the lawsuit and playing a big part in our lawsuit. yes, what the court ordered was that it was not severability and inextricably bound. that means if one portion fails the entire part fails. that was the ruling that we were looking for. >> greta: there's a lot of machinery as part of this health care law setting up exchanges. states are moving in that direction. insurance companies, people made individual decisions. does everything at least in the state of florida, just stop? did you make the assumption this is over?

>> that is going to be our argument. we've been on the phone with the experts in every induce see, all afternoon. we just in ruling late this afternoon. that certainly is our argument. as you said, time is of the essence. because, this is affecting our state financially and the entire country. >> greta: attorney general bondi, thanks for joining us. >> former florida attorney general mccollum started this lawsuit. he filed it minutes after president obama signed the law that was march 23rd. he joins us live, good evening sir. >> good to be with you. >> greta: let me jump way head and play law school hypothetical. you filed this suit in march. at that time, the solicitor general of the united states was elena kagan now on the supreme court, southern in, in august. when this makes its way to the supreme court, is -- can she be a justice on it?

what would be the argument either way? >> i'm not sure. i think she has some problems potentially with this particularly because of the severeability issue. the judge was careful on his ruling on that question. he pointed out the history and made his decision us what because the individual mandate is essential and the government's admissions. they admitted the mandate requiring you to buy insurance or pay a penalty was at the core and provisions fell by the wayside and could not be sustained without it. he went on to find the rest of it couldn't stand either. i think justice kagan has issues potentially there. i think you would have to examine on the detail to see if she is going to be recused before this is heard. you are right to question that. it is going to be a close decision probably 5-4. >> greta: if it is a tie whoever takes it up first wins. so there will be a race to the supreme court, whether it is your case or the one in michigan which went the other

way. we have no idea what is going to happen, you want if get there first. you mentioned the sever ability applause this is what the judge said, the lack of severeability is significant, one had been included in the earlier version of the act but removed in the bill that became law. which is in some way hard to be sympathetic to the people who are proto nones of the bill -- proponents of the bill, writing that clause in the bill is so elementary, and they deliberately took it out. so they can't cry foul on that issue. >> i think he's right on it. the judge picked up particularly well on it. i also found it interesting that his swiss watch analogy he brought up a couple times in the oral argument over the summary judgment motions, wound up in his opinion. he didn't use the term swiss watch. he talked about a finely tuned watch and all these different parts and how do you separate them he said?

how do we find a way in addition to the intent where he phone congress laid out the intent that this severeability clause wasn't going to be there. he said how can the court separate different parts? you expect me to sit there? that's not our job. we can't untangle all the insurance pro vs and decide which is which if we are going to separate them. clearly, he said the insurance provisions admittedly, all have to go. how do i figure out which ones? when you look at the end product it fits like a watch. that's what he made his decision on. that and the history you cited that congress left the clause out and looked like it did it intentionally. >> i bet they are kicking themselves tonight about it. thank you. texas attorney general abbott joins us. nice to see you. >> you too greta. >> greta: now what do you do? it is chaired unconstitutional you are one of the players --

it is declared unconstitutional, you are one of the players. do you tell them to stop or do you tell them to continue to act as though the statute is still in effect in your state? >> first, i want to congratulate general mccollum for getting this going. congratulate general bondi for taking the baton and continuing to run with it and all the other states involved. we've been involved individualing our state legislature which is now in session, as well as people across texas this an incredibly important ruling for them and their liberty interests and their business interests. but this is one federal district court ruling. we won't know the finality until the supreme court rules. it is prudent for our legislature to continue making preparations so we can be ready in the event this district court rule something overturned. we are hopeful, based on this decision today the decision

out of virginia and most importantly the that is contained in those decisions which makes clear, if these decisions are overturned the federal courts will have to be breaking new ground, making new law, expanding the commerce clause beyond where it has been taken before. >> greta: we all agree the supreme court is going to make the decision whether this judge is right or the one in michigan or virginia be is going to make that decision. what you just said is proceed as though this is still in effect it is going to have enormous cost to your state and everybody else. that may be more prudent if it turns out to be declared constitutional when it gets to supreme court. bottom line this is a simple case you don't have to spend weeks and months to brief it. you can change the cover sheet, ship it up to the supreme court. if both sides agree and the supreme court took it, this could be decided in 60 days, do you agree? >> completely. but for one thing, you said if both sighs an we know the u.s.

department of justice will not agree. >> greta: whoever doesn't agree, is playing games with the american people and the health care this is going to be decided by the supreme court. so get it up there and let the court decide. we'll see who is playing games whoever is dragging his feet. >> i agree completely. i think the u.s. department of justice is playing the delay game. wasting america's time and money in this interest. we need to get it up to the u.s. supreme court which will ultimately decide this case. we need to get there as quickly as possible. >> greta: attorney general, thank you. >> coming up, now that a federal judge has tossed out the new health care law, what kind of message does this send to the white house? former united states senators joins us next. later, we are only hours from what could be a very dangerous situation in cairo, egypt. including protesters' new plan to knock the egypt president out of power. we take you live to cairo in a

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good to be back. >> greta: what do you think the thoughts in the united states senate where you used to be a united states senate? what do you think the thoughts are tonight after the judge's ruling? >> i think if you in the white house or a democrat in the united states senate, you know that ultimately this is going to be decided by the united states supreme court. i would think you would have to be look at an alternative plan. was if this is declare uncons -- unconstitutional? the decision by the judge today is very persuasive. of course i'm obama health care and i think it is unconstitutional. i think it is well written. very powerful decision. i think if you're president obama or harry reid you got to be thinking, if this is declared unconstitutional, where do we go? there's a consensus in this country we need to have a bipartisan health care plan. no one is happy with the way

health care is in this country. it didn't think we don't need to make changes. the american people have been by overwhelming margin, clearly have serious problems with obama health care. i think ultimately the supreme court very well may accept our argument this is unconstitutional. that it is a reach that congress and the president went much, much too far. >> greta: the whole idea, this -- this can languish in the u.s. court of appeals for the next two or three years then another two years to the supreme court that. is the usual routine. there's a special rule, rule 11 of the supreme court, in which it says you can bypass the courts of appeals and will be granted upon a showing that the case is of such imperative public importance as to justify a deviation from normal appellate practice and require immediate determination in this court. do you agree this is of

imperative public importance? that's number one. number two, do you agree with me that there's no need to do any more -- you don't have to take any evidence. you don't have to do anything but change the cover sheet on the briefs filed down below with the supreme court and this can go to the united states supreme court it can be decided so we don't spend years languishing, fighting, spending money and making wrong decisions? this could be done within thirty days if anyone put their nose to the grindstone on this. >> you might be able to get it done in thirty days, i'm not sure the supreme court could get it done in thirty days. i do agree with you, this is very important. gta: 60 days. be okay. much better off. you are right. with the facts. there's no dispute about the facts. the law has been -- the

arguments have been made. this case if it could go to the supreme court, directly from here, i think it would be in the best interests of the country. >> greta: this is an emergency. people are sick. people are hurting. people are confused. people want to have health care. some have preexisting problems, whatever it is. i actually think it could be done in thirty days. each justice has two, three, four clerks. it is not that complicated. the only question is the brett of the commerce khraut. -- the bredth of the khrers clause this is not that complicated. if they want to drag it out, we will suffer. the american people will suffer more. >> i agree this needs to move forward. as far as i'm concerned i would like to see the united states supreme court have this case tomorrow. i think you're right, although people can disagree, reasonable people can disagree about this case.

we know what it comes down to. the breadth of the commerce clause. my position and i think the position it would seem of the judge today was that if in fact this law is constitutional, it will be a stretching of the commerce clause beyond anything that we've seen in this country before. maybe that's what the supreme court will decide, i certainly hope not. i think not. that is the issue. >> greta: so we'll know what it is so we can move on and address the next problem. attorney general, thank you. >> thank you greta. >> greta: next, arizona's attorney general. later it is just after 5 a.m. in egypt. things are tense and getting worse. americans are trying to get out. we take you live to egypt, coming up. host: could switching to geico really save you fifteen percent or more on car insurance? was abe lincoln honest?

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. >> greta: arizona celibating tonight. it is one of the 26 states that is a big winner. newly elected attorney general joined forces with governor brewer two weeks ago to make that happen. arizona attorney general horn joins us live. good evening. >> hi greta. i think it is terrific you have gathered so many different attorneys general on

your program. >> greta: i'm putting your feet to the fire to get this to the supreme court. if people wanted to, do you agree, this is a simple mary, very narrow matter and ultimately decided by the supreme court. if everyone wanted to decide it, including the supreme court it could be done in thirty days? >> i do agree. i think it would be in the interests of everybody for it to be done quickly. one of the affidavits in the briefs that was presented was from a small businesswoman who could not afford to buy the insurance required. it would take away the capital needed to run her business. she said she needed to plan this was affecting her right now. so i think speed is in the interests of everyone. >> greta: frankly, if they don't do it within 30 or 60 days the american people should be outraged on either side. nobody could decide what to do. tonight, would you advise your governor the statute is off the books and so stop doing anything to try to implement

health care -- are you going to do the wait and see and keep moving forward as though it is constitutional? >> i think we have to wait for the supreme court to rule that's the important ruling. what is really important about today's ruling it is so well reasoned. i urge your viewers to read it. i'm going to put it on my website. i urge you to put it on your website at fox news it gives a history of the commerce clause which the federal government has used to justify this action how it was first passed intended to regulate trade between the states then kpafpbed to include action within a state that had a substantial effect on interstate commerce like manufacturing or agriculture. nobody expected the power to regulate commerce would extend someone's decision not to buy insurance. that's too far. the court gave a good history of the commerce clause and good reasoning that would persuade the supreme court.

>> greta: he said the commerce clause regulates activity and just sitting there not doing anything like not buying health insurance is not activity so the commerce clause doesn't reach it, essentially. that's why i think it is going to be so simple one way or the other for the supreme court to decide. attorney general, thank you. >> thank you. >> greta: michigan attorney general joins us live. good evening. >> hello, greta, god to be with you. -- good to be with you. >> greta: how sim this matter and how fast could the supreme court decide it so everyone in the country on both sides of the dispute knew what to do? >> this could be done quickly, maybe 60 days. the important thing about judge vinson's ruling, he read the constitution this is a great victory for the defenders of the constitution and it protects taxpayers. it is a very direct constitutional message that is, congress does not have unlimited powers.

it is not some pathway to expand the federal government at the expense of the stays. it says settle down federal government, states have responsibilities. in addition to it being unconstitutional and beyond the scope of the commerce clause, in my state of michigan, it would cost citizens almost 800 million dollars. there are bad policy reasons behind obamacare. this says, don't fiddle with the constitution. >> greta: do you, in light of the fact you are certain this judge is right, do you then tell your governor stop taking any steps whatsoever for the implementation of the national health care you say it is going to be 800 million dollars, if you are so confident are you willing to say that's it, let's operate as though it doesn't exist? >> the judge made it clear in his declaratory ruling he expects federal officials to adhere to his judgment. i'm going to talk with the governor.

we have a gate if you governor in michigan. we'll talk this through. i think your point is well taken. let's speed things up. let's expedite this hearing. let's have the supreme court make decisions within 60 days. rule 11 of the supreme court you can bypass the united states court of appeals for the 11th district. let's get on with this. people want clarity about the constitution. and they want to get rid of this big spending obamacare bill. >> greta: and it is a big fat lie this takes any briefing. that's been done. it is not a big record. it is an important decision. but it is something that can be done so quickly because it is so stream line. attorney general, thank you. >> good to be with you. >> greta: right now, it is very early and extremely tense in egypt. we take you live to kay row, next. >> former secretary of state dr. kissinger and john bolton ♪

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. >> greta: right now it is very early morning in egypt. president mubarak is beefing up the country's streets with military. protesters are beginning to gather, one mill john are expected to put -- one million are expected to put pressure on mubarak to get out. dominic, tell me the latest. >> reporter: greta, you can hear in the background the dawn call to prayers echoing eerily over the city on a day that is filled with a great sense of trepidation. no one is prepared to call what is going to happen today. we believe that as many as a million may tempt to descend on the city in a bid to try and oust president hosni mubarak clinging on to power after being in rule for some 30 years. however many turn up today they will be facing the

military, full on. the military has said it will not fire on peaceful protests. given the ground swelling anger we have seen it is hard to imagine there won't be clashes. the tension feels that high. >> greta: are the protesters getting violent? are they getting wary? is the behavior or the mood of the protesters? they are obviously protesting for starters. >> reporter: absolutely. about 24 hours ago we saw a lull. when we went to liberation square behind me this afternoon without a shadow of awe doubt protesters were -- shadow of a doubt protesters were gearing up, they were staying in the square all night holding a mass rally. four hours from now expecting thousands more to join them to drive forward their message that hosni mubarak must go there was energy out there, anger driving that energy. it needs to be vented.

they haven't gotten that out of their system yet. there's plenty to go. >> greta: where is president mubarak? is the american embassy still staffed and open? >> reporter: the president is on the outskirts of the city in his presidential palace surrounded by military forces. as for the u.s. embassy it is still here. nonessential staff and personnel have been he wac -- evacuated, particularly families of workers in the embassy. we hear a new squad of u.s. marines is being brought in for additional protections. marines tend to do security in embassies around the world. for the time being we are seeing security beefed up at the u.s. embassy while diplomats continue to stay there and ride out the storm, as it were. >> greta: dominic, thank you. joining us former secretary of

state dr. henry kissinger. nice to see you. >> always good to be here. >> greta: dr. kissinger, should we have seen this coming? what can we do? are we likely to have success? >> well, one could see it coming what presidents have to face is what priorities they can give to specific actions. here we have five presidents believing that mubarak was their best way to achieve american objectives in the region. engaging and redoing egypt is a very huge undertaking. the last few years one could have seen that mubarak was slipping. but that the issue today. i think the issue is,

strategic change could come in the region if egypt evolves in any number of ways. >> greta: in terms over which way egypt can evolve, i guess it is democracy as we know it with someone we are comfortable as heading the country or it could be a democracy where someone is elected we don't agree with or may take the country in a direction that strategically is bad for us and our allies like israel. which do you think is more likely? >> again, depending on how the mubarak transition takes place. if i look at the political -- there are more pro-islamic, anti-israel, i would say maybe even anti-u.s. forces than pure democrat, the way

we stand it. >> greta: that's a bad sign if there are anti-israel, anti-u.s., pro-islamic, i assume you mean the extreme islamic, that's very bad for the region for us and for israel. >> there are many gradations. we should understand that whatever one can say about mubarak, what existed in egypt from sadat on was a stabilizing influence in the region. we may now get a government that is more attractive from the point of view of american -- the process is going to absorb -- that is what we should focus on in this country. not on the minute-to-minute of

something that has its own momentum going on in the streets. where you can't tell who stands for what in these groups other than they want to replace mubarak, that is clear. >> greta: where does jordan fit in? jordan, like egypt signed an agreement with israel. is jordan immune from all this activity in egypt or is this contagious? >> egypt is the cultural center of the region. we've been so used to sadat and mubarak we forget for 30 year period before them it was nationalism andkzmñ anti-u.s. activities. so, i think jordan will be vulnerable to some of the --

particularly if government after government is over thrown by demonstrations in the streets, it may set a pattern, i'm worried about jordan. >> greta: if you are in the united states and don't pay attention to foreign affairs and foreign matters, and you are wondering why should i care about what is going on in egypt, what is the answer? >> i'm not sure i understood the question. >> if you don't have particular interests in what is going on in the world and you are watching tonight and see egypt protesters and think why should i care? what is the answer, why should americans care? >> egypt is the key country in the region. it has lots of population. a lot of educated people. if we have disorder in the region, it is going to affect our economy and it is going to

affect the prospects of peace in the whole region. whenever the region blows up, the united states gets involved. >> greta: dr. kissinger, thank you. next, it is morning in egypt. already people are taking to the streets. the standoff people the people and president mubarak is an explosive situation. we can help but wonder is this trouble for america? former u.s. ambassador, john bolton is here. >> later, we take you live to cairo where americans are fleeing. decisions, decisions. which beneful prepared meal tonight? roasted chicken recipe? okay, savory rice and lamb stew. [ barks ] you're right. tonight is a beef stew kind of night. you've made another fine choice. look at those beefy chunks all packed with protein, the real vitamin-rich vegetables, the wholesome grains.

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>> from america's news headquarters, i'm ainsley earhardt. we have two developing stories right now to tell you about. the first one, a massive winter storm is on the move, which could potentially affect a third of the nation. parts of the midwest could get 2 feet of snow. blizzard watches are in effect for wisconsin, illinois and indian a. the storm could spawn tornados in the south and bring heavy snow and ice to new england by the end of the week. south korea's president saying he has high hopes for a summit with the north. an agreement has been reached to discuss the north's shelling of that southern island in november and an attack on a south korean naval vessel. the south korean government has suggested preliminary talks take

place in february to set an agenda for a summit. go to the fox business news network, giving you the power to prosper. i'm ainsley earhardt. we return to "on the record." check out our web site, foxnews.com. >> greta: egypt is a vital partner in the mideast. egypt could not be more important to the israeli-palestinian peace process. with the reason uptick in violence it becomes a very sticky situation. joining us john bolton. good evening. if you were in charge and could make the decisions, how would you be handling this crisis? >> what you have to keep first and foremost is what america's interests are. not some academic class in comparative government. the issue is what is in our interest first stability and the egypt -israeli peace agreement that's threatened by loss of stability and potential chaos. we've got a strategic interest

in our relationship with the egyptian military and the stability that it provides for other arab regions in the middle east, particularly in the arabian peninsula. i think what we ought to be doing is not trying to second guess and manipulate an evolving political process. which america has tried in the past and often gotten wrong in nicaragua, iran and elsewhere. working to stabilityize the situation, get it under control then talk with the re about potential political reforms. >> greta: how do you possibly stabilize and get it under control when you've got at this hour, one million people taking to the seats, demanding that their president get out now, not in september, not in april, but now? how in the world do you stabilize that situation? especially some are saying -- making anti-u.s.a. remarks, they are not going to be particularly receptive to us.

>> what is the alternative, let them have power? >> greta: i'm just asking how you stabilize it, it is a crisis. >> right. mubarak today authorized his new vice president to begin negotiating with the demonstrators. i think that's a shrewd move on his par. opening up the negotiation process with -- elbaradei now leading the coalition of opposition parties. you can guarantee he's going to agree to negotiate. i think that already brings an inherent stability, assuming tomorrow's demonstration doesn't turn violent. note, the military has said they don't intend to take action against peaceful demonstrators. >> greta: does elbaradei speak for all of these people? i get the sense that this is an eclectic group people with different interests, different political persuasion, all with gripes. it would be easy if they did

have one leader to negotiate with. >> i think elbaradei is a diletante. i don't think he's going to last long as negotiator. he's going to start the negotiation. it is very difficult to understand who to negotiate with this this diverse group. just because there are a lot of people in the street doesn't mean this is going to be resolved soon. i think the real force, the real stability remains with the army that has no intention, has shown no indication it is prepared to relinquish power. >> greta: the protesters or the president, which team do you think they would pick? >> i think that they are going to pick is continued reliance on the supply of american weapons. that's why i think they would like to see some kind of solution that works itself out that keeps the muslim brotherhood out of power. and which guards and protects the military's preemanyone position in the state, something akin to --

preeminent position in the state. something akin to pakistan that's the end result they are groping toward. >> greta: protesters going to get worn out or amp up? >> i don't think anybody knows. i don't think anybody should necessarily believe that this is going to be resolved quickly. i think this whole thing could go on for sometime. >> greta: ambassador, thank you. the state department is reporting that more than 2400 americans have been trying to get out of egypt. the state department is working nonstop to get americans on flights out of egypt. more are scheduled. our own griff jenkins is on the ground speaking with people who just returned from egypt at washington dulles international airport. >> reporter: what was it like in cairo? >> chaotic. there's no police any more. there's just the army. the army made it specific that we should take care of ourselves. >> everyone is at home p no one is in the streets.

people are really scared. protesters are everywhere. no cell phones, nothing. >> i left two days ago. it is very bad over there, very bad. i don't know, i don't have any information. egypt right now is very bad. >> reporter: how do you characterize the situation on the ground? americans are tying to understand how dangerous and out of control it is. how would you sum it up? >> now, it is much better now because of the military has gotten control of the streets. so it is much calmer now than i was a couple days ago. but it is still dangerous. >> greta: coming up, they had no idea this was coming. the technology or the lack at their expense. why you may want to keep your computer away from these two famous news icons.

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>> greta: growth here the best of the rest. technology has -- has come a long way. in this video from 1994 katie couric and bryan gumbel try

and figure out what the internet is on live tv. it seems website addresses are more confusing than the internet. listen to this. >> with the a and the ring around it? >> at? >> that's what i said. katie thought it was about. i've never heard it said. i've only seen the mark but never heard it said. it sounded stupid when i said it. >> internet is that massive computer network the one that is becoming really big now. >> what do you write to it like mail? >> a lot of people use it, i guess they can communicate with nbc. you don't need a phone line? >> apparently not. >> greta: that's great. good thing they didn't have to figure out facebook or twitter at the time. >> let's get ready to rumble. wild video in north carolina. police were called to the scene as fists were flying in the parking lot. no it was not a bar brawl.

this fight took place at a church. the congregation has been divided since the reverend was ousted. they took matters into their own hands, so to speak. 30 cops from five agencies had to hold back these sunday worshippers. >> there you have the best of the rest. still ahead, your last call. one last round before we turn down the lies. what does mcdonald's have to do with the protesting in egypt? actually nothing. but the next clip is very funny. we'll show you, next. yellowbook has always been good for business. but these days you need more than the book. you need website develoent, 1-on-1 marketing advice, search-engine marketing,

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>> greta: loex is almost here, it's time, last call. the cast of "saturday night live" sums up the chaos in egypt in one word. mcrib. >> in egypt tens of thousands of protestors clashed with police in what is caused a day of rage. sort of like what we have here every time the mcrib goes away again. >> that is your last call. lights are blinking and we're closing down shop. i'm putting a special open thread on greta wire.com. i want you to go there and tell me whether you thinkhe