dunking. thank you for joining us. jenna: "america live" starts right now. meg fox news alert on drama at the supreme court. moments ago we got the complete details of what was said this morning in day one of an epic health care showdown. a court decision affecting insurance coverage and costs for nearly every single american. welcome to "america live," everyone, i'm megyn kelly. in just the last hour, the high court signaling that it is unlikely to delay the health care case until after the bulk of the law takes effect. it has the opportunity to punt on this entire case if it wants to. it does not appear inclined to do so. the justices appear to believe that they can rule on whether the law's insurance individual mandate is constitutional right now. and as arguments were underway inside, some of the law's supporters confronted opponents on the court steps outside.

>> it's unconstitutional -- >> if you don't like it -- go ahend -- amend it. right now it's not constitutional. and if you allow them to tramp until constitution right now, we won't have any rights and liberties later. >> this is about -- >> you have to study the other systems in canada and in england to understand what is coming. >> why should i have to pay for the morning after pill which is abortion, in my opinion? why should i have to pay for that because obama says i have to? >> national health care pays for -- >> did you read the book? did you read the bill? >> yes, it does. where have you been, son? megyn: wow. gregg jarrett live in our new york newsroom. just some sights and scenes from the sounds that underscore, gregg, how passion passionately people feel about this law two years later after the law is still very much in jeopardy. >> reporter: it's really amazing. and actually today was a lovely

intellectual exercise, if you will, with a predetermined outcome. no legal expert thinks the court would ever say, okay, let's dodge this thing until 2015. if they did that, my goodness, they'd relegate themselves to irrelevant. it was a bit of a show trial, i suspect they wanted to foreclose any future criticism perhaps by law professors that the court never had proper authority, so pretty clear they're going to dispose of this issue today, and it'll be a footnote in the final decision which brings us to tomorrow, the main event, the legal ma gill la, if you will, the individual mandate. put it in its simplest terms: does congress have the right to compel people to buy a product because failure to do so might effect interstate commerce, or as opponents claim, is congress actually forcing people to engage in interstate congress, not regulating it? how will the court decide? well, i must say if past is prologue, and we've been studying these decisions, the court may well uphold the health care law, and here's why.

conservatives on the high court, alito, roberts, kennedy and especially antonin scalia, have in past decisions given congress broad authority over interstate congress and, remember, people who don't buy insurance arguably cost taxpayers and the insured somewhere in the neighborhood of $43 billion each and every year. so the question is, does that substantially impact interstate commerce, and that is the supreme court's standard enunciated in prior cases. so if these justices stick with themselves and what they've said in the past, the mandate might well prevail. the question is, will the court draw the line, megyn, and say, uniwhat? -- you know what? this goes too far. this is dramatically different, and we're going to draw the line here. that's the big question. megyn: yeah. because there have been cases in the past, the violence against women act that was struck down, the law dealing with handguns that was struck down, both passed pursuant to congress' commerce clause power just the same as this law, and the high

court said, no, that power is not unbridled. there are limits to it. so it is possible this court will go the other way and say this is a bridge too far. how important is this, is this health care hearing the one that we heard today, but more importantly, as you call it, the legal mcgill la tomorrow? >> it probably goes back to the 1960s when the supreme court gave this much attention and this much oral argument over the course of three days. this is really unprecedented in the course of your lifetime, my lifetime. so it is incredibly important. and think about it, i mean, you're forcing people to buy something. at what point in time can you force them to do just anything at all? and that is, of course, the argument the opponents have been making at the supreme court, and they're going to make it especially tomorrow. megyn: yeah. they say that it's unprecedented to regulate somebody who's just sitting on their couch -- >> reporter: right. megyn: but the argument on the

other side is, you know, the odds of you staying on your couch and never entering the medical system are slim and none. >> reporter: by the way, it's the broccoli argument, that was a huge oral argument in a lower court of appeals, you know, at some point in time are they going to tell us you've got to eat broccoli and cauliflower, are you going to have to join a gym? is. megyn: well, i'm not doing it. chief justice john roberts, worry about your own broccoli. thanks, gregg. >> reporter: okay. megyn: and here's a closer look. over the next ten years the health care overhaul will create $400 billion in new taxes. this is the first time ever the supreme court has considered striking down a president's key first-term accomplishment in the middle of his re-election campaign. it's obviously a political issue as well as a legal one. not since the court confirmed george west des moines w. bush's election in december of 2001 as one case carried such sweeping

implacations for every american. the real story is not what the hours are saying, but instead the questions the justices are asking. they forecast so much about how the high court will rule. i can tell you having sat in that courtroom for three years as a supreme court reporter, you can almost always tell how they're going to rule based on those questions. you can't tell based on the briefs or ideology, but the questions they ask from the high, from the bench tell you almost everything you need to know. and in our next hour, we will speak to our panel of legal experts about the questions that came up this morning and whether they offered a forecast on where this court is coming down when it comes to that essential issue, whether the individual mandate -- which is the heart of the law -- can be upheld under our constitution. well, in the middle of all this focus on health care, a conservative group of doctors is now firing back against the people who first, quote, threw granny off a cliff. in the now-notorious left-wing

ad, we see a man depicted as paul ryan pushing an elderly woman in a wheelchair off the cliff. the ad suggesting that ryan's solution for dealing with out of control medicare spending would put seniors at risk. well, in the new ad by american doctors for truth, we see the granny's face. but this time she is being pushed by an actor who is supposed to be the president of the united states. the same ad even goes on to offer clarifying message by some doctors. >> president obama began throwing seniors off the cliff when they voted to cut medicare's budget by $575 billion. >> please, join us at american doctors for truth. help us reform the system while protecting your health care. let's do it right this time. megyn: stu varney is the anchor of very think and company on the fox business district, and it's now at the point where nana won't leave her house.

[laughter] everyone is trying to get her. >> reporter: look, both sides, both ads, in fact, use extreme imagery to beat their opponents, their political opponents over the head with. i'm of the opinion that you should not be using the president of the united states, his image in that context. megyn: what about nana in a wheelchair? >> exactly. you should not be showing the president. if you see the full ad, it's clearly the president. he's got his flight jacket from air force one, and you hear the president's own voice as he chucks granny over the cliff. you should not be, i don't think you should be using the president's image in that way and, secondly, this kind of demagoguery, i think, detracts from the debate which we should be having about the cost of health care. now, a moment ago you saw dr. jane hughes who appeared in that latest ad, she's one of the right-wing doctors from texas. she was on my program this morning, and i asked her about the demagoguery issue, and here's what she said. >> well, i think we can argue

all day long about whether or not this is demagoguery. i think we have gotten some attention, we have gotten a word out there from practicing physicians that obamacare is a disaster for patients, a disaster for physicians, and, actually, there are many things in it that put the physician at moral and ethical risk. >> reporter: well, she said she was, she felt compelled to respond to the original throw granny off a cliff ad, that she was using parody and humor quite deliberately because of her situation as a doctor vis-a-vis obamacare, and because she svelte very strongly on this issue. megyn: are any of these ads accurate, stu? >> reporter: okay, that's a very good question. i would say that the first ad which went after paul ryan and his medicare plan is flat out inaccurate. no senior will be hurt or killed, much less killed in the medicare reform proposed by paul ryan. though i would say, in essence,

part of that ad -- the one you're looking at right now -- that was a lie. if you fast forward to the latest ad, i would call that a pretty big stretch. but they say that it is justified on the grounds that in the future under obamacare there will be a board of people and an effectiveness council which will make decisions for the patient and come between the patient and the doctor. they say that is accurate. but i still think it's a stretch to go towards death of a senior. megyn: right now my 97-year-old nana gets around with a cane. occasionally, she uses the walker, but after seeing these ads, she's never going to go in a wheelchair. doesn't matter how many doctors tell her it could be helpful, and she's never going to let a stranger push her. >> i think they detract from the debate. megyn: stu, thank you. nan, or not to worry, paul ryan won't hurt you, neither will president obama. well, mitt romney is

criticizing the president for apologizing to former questions. in if three minutessings we'll show you how governor romney is taking that a step further. don't blame the little ones, how some aggressive parents are once again to blame for trampling peter cottontail. and a new york-based advertiser facing a backlash after deciding to keep his ads on rush limbaugh's radio show. why he says he is now being targeted by, quote, terrorists for sticking to his guns. >> we plead for you a couple of audio sound bites from an advertiser of this program in new york city, a guy by the name of mark stephens, and he pointed out that he's being hit by a coordinated attack that he calls terrorism. not angry consumers, but he thinks that this is a coordinated attack. ave two car we're going to have you taste. the first one we're going to call x. go ahead and take a sip, and then let me know what the baby thinks of it.

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megyn: on the campaign trail, mitt romney launching a new attack at president obama. the gop front runner has repeatedly accused the commander in chief of making apologies for america. now governor romney is taking it one step further, suggesting the president give americans an apology of their own. take a listen. >> he's been out there trying to take credit for his policies, and actually, i think he's confused. it's his policies that have caused a lot of our problem. he shouldn't be trying to take credit. he should be pointing out he made some big mistakes. i'm reminded of another tour he took at the beginning of his administration. remember, he went around the middle east and apologized for america. and, you know, instead of apologizing for america, he should have stood up and said that as the president of the united states we all take credit for the greatness of this country. megyn: and said he owes americans an apology for his own

policies. joining me now to discuss it, brad blakeman, former deputy assistant to president bush, and joe trippi, a fox news contributor. guys, thank you so much for being here. i think this is so interesting because more and more we've seen mitt romney appearing to hone his message if, in fact, it does become a two-man contest between romney and president obama. and we heard a little bit of where he's going to go last week, and now we're hearing a little bit more. brad, is it smart of governor romney to bring up the so-called apology tour that president obama did, according to his detractors, when he first took office? >> absolutely. look, we're now in this election process. we're not in an election process, but you're appealing to republican voters to come out, and you want to make the starkest contrast you can as to why you're the best person to go against a president who has promised a lot as a candidate but delivered little, if anything, as president. so he, the president now has a record. there's no more george bush to blame. it's him, and he's been a president of either apology or excuses.

so i think this is absolutely the right thing to do to show the american people that the president who promised the world delivered nothing, and those items that he did do he ruled out of ideology instead of reality like health care, like jobs. he has rewarded his friends and punished the american people. megyn: joe, there's no way governor romney expects president obama to stand up and say i apologize for my policies and how they've hurt america, so there's a reason he's bringing this up. he's trying to get back into the minds of the american people that so-called apology tour which has been used a lot on talk radio and so on to remind people about how they believe, these right-wing pundits believe the president sees america. we went back, and we looked at just a couple of them and just a couple that came right up. january 27th, my job to the muslim world is to say we sometimes make mistakes, we, here in america, have not been perfect. london, england, april '09, i'd like to think you're starting to see some restoration of america's standing in the world.

april 2009 in france, america shares blame. we've shown arrogance, we've been dismissive, even derisive. istanbul, turkey. america, like every other nation has made mistakes, it has flaws. we've been disengaged, and on and on the list goes. we're going to hear more of this whether it's romney or anybody else. >> well, i mean, the reason romney's doing this now is, frankly, it's great rhetoric, it's more red meet meat to his base, and it positions him not just in the general, but again, helps him in the primaries. he's having a tough time putting this away and wants conservative support. the problem is the president's not going to apologize. look, he came into office, we were losing 700,000 jobs a month when he came in. he saved the auto industry, acted quickly. we've had 24 months now of sustained private sector job growth, and for the first time year-over-year manufacturing gapes that haven't happened since 1997.

bill clinton was president the last time we saw that. we never, we didn't see that throughout the entire bush administration. so that fight is going to happen, but there won't be an apology. megyn: but there is this underlying theme that his detractors have against him, brad, not that he doesn't love america, but that he has been an apologist for america, that he and some on the left always think america's to blame rather than believing in american exceptionalism. and it seems, you tell me, like governor romney's getting ready to tap into that. >> he is. and rightfully so. the president who promised in if his apology tours to somehow humble us and say that there's something wrong with being a great and powerful nation is absolutely wrong. the american people don't feel that way. we believe we're an exceptional nation, and we have nothing to apologize for, and i think romney is going to strike a tone by saying look at the president when he first came into office and went around the world apologizing. what did it get us internationally? it's a more dangerous world today than it was when he inherited the office.

iran is on the cusp of getting a nuclear weapon, the same thing can be said with the adversarial nature that north korea under their new leadership has put forth. the world under barack obama sees america as weak and a president who panders. and that is not the american leadership that i think the american people are worthy of or deserve. megyn: joe, it was relatively big news when he was doing it right after he took office, president obama. does it become another issue, does it become an issue yet again once the gop nominee is selected if he, and if it's governor romney, he is, intends to make it an issue yet again? >> i don't think this is going to be much of an issue. again, i think in the end this is -- and i've been saying this all along -- the it's economy. and either jobs, we're going to continue to see these trends that have been going on with jobs growth. gasoline prices could be a problem if they continue to go up, but i don't think that's what's going to happen. and if we are talking about pandering, i mean, romney's wide

open on that. so you're going to, look, this isn't a one-size fits-all thing, and the president will be engaging, i'm sure. megyn: it's always a question of who that message appeals to. guys, thank you both so much. >> thank you. >> thank you. megyn: well, we've got a big story today considering the country's schools. a major newspaper reports it has just finished a nationwide look at standardized test scores, and it has uncovered a nationwide cheating scandal amongst school administrators. what? plus, organizers of an easter egg hunt say they were forced to cancel the tradition because of what they called overly aggressive participants. someone call 911, the easter bunny is down! he's down. that story's next. ♪ here comes peter cottontail, hopping down the bunny trail ♪ [ johan ] hello, piper. nice up-do.

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megyn: well, gas prices defying gravity, going up and staying up. the national average for a gallon of gas now hitting $3.90, that's up six cents from just last week and 23 cents from a month ago. march, of course, has been a record-setting month. we've been following gas prices in cincinnati just as showing the impact on one city, and the price there today is the same as the national average, but the weekly increase is up 12 cents. in just the last month the price up 25 cents a gallon. well, officials in one colorado city have now canceled the annual easter egg hunt. and they are blaming parents gone wild. the hunt usually involves children running around a park, but organizers say the parents

were too pushy at last year's event and ruined the event for everyone. trace gallagher has more. it's shocking, it can't be, a parent overzealous at the easter egg hunt in 2012? [laughter] >> reporter: well, it's not as though they were knocking the kids over the head and stealing the eggs. but, yeah, they were kind of pushy. it's for kids only, and the hunt usually takes several minutes, but because the pushy parents kind of went over the fence into the kids' area helping them gather up the eggs, the hunt only lasted for several seconds because, guess what? all the eggs were gone. you see the parents there helping kids out, and they shouldn't be helping them. it's kids only. so it turns out some kids got a lot of eggs, and a lot of kids got no eggs at all, and that left a lot of hurt feelings. here's some parents who were a bit disappointed. listen. >> what kind of role model are you as a parent if your actions are canceling, you know, an

event that your child's going to remember for the rest of their life? >> canceling something so important for kids and their little energy and the funness of it just makes me sad. >> just chill out a little bit and let these kids enjoy it. it really is about these kids having a great time. >> reporter: so the big easter egg hunt this year is officially a no-go. the city says if parents promise to behave themselves next year that maybe they'll reconsider. but look at this. i mean, this is supposed to be just the kids, right? the parents are supposed to stay back, and none of them stayed back. megyn: get outta there! >> reporter: right? get outta there, let the kids hunt for the eggs. megyn: survival of the fittest anyway. you know what the problem is, some of the parents go out to protect their little ones because other parents were behind the scenes like, go! get those eggs! that kid's out there bullying all the other kids, and the parents are like, okay, i've got to go out and protect junior. >> reporter: that's an accurate description, by the way.

exactly what happened. megyn: that is very sad. all right, thanks, trace. >> reporter: okay. megyn: well, hot on the campaign trail, rick santorum and his media moment. >> would you guys quit distorting what i'm saying? >> do you think he's the worst republican -- >> to run against barack obama on the issue of health care because he fashioned the blueprint. quit distorting my words. if i see it, it's [bleep] come on, man. megyn: whoa! the conservative candidate and "the new york times" went a couple of rounds. we'll show you how the whole thing started next. plus, one of the advertisers who decided to stick with rush limbaugh recently now says he is being terrorized by rush's critics. he is our guest just ahead. >> mark stephens knows that the people contacting him, many of them don't even live in new york, have never patronized his businesses. they're simply trying to intimidate him. it's an organized action by the left attempting to terrorize individuals.

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megyn: 1:32 in the east. we are tracking a few developing stories, including a woman charged with break into the home of simon cowell. they say it took place at his home in west london last night. they say he was home at the time. no injuries reported. new information involving a facebook controversy.

the social media site now warning companies to stop asking job-seekers for their confidential facebook passport. a number of companies scan facebook as part of background checks. facebook threatens legal action if the employers do not stop that. and former british prime minister margaret thatcher saying if she could do it all over again she never would have gone into politics because of the affect it had on her family. the surprising admission was made back in 1995, but it's just coming to light right now. rick santorum lashing out at a reporter on the campaign trail. "the new york times" asking him about a jab he took in a speech at his rival, mitt romney. watch what happened. >> you said mitt romney is the worst republican in the country, is that true? >> what speech did you listen to? >> it's right here. you said he's the worst republican -- >> stop lying.

i said he was the worst republican to run on the issue of obama care, and that's what i was talking about. for every speech i give i say he is uniquely disqualified to run against barack obama on the issue of healthcare. will you kwaoeu quit distorting what i'm saying because he fashioned the blueprint. i've been saying it in every speech. quit distorting my words. if i see it it's. [bleep] come on, man, what are you doi doing? >> this is distorting your words? >> you just did by asking me that question. >> you sound upset about this. >> i'm upset when the media distorts what i say, yeah, i am, i do get upset, because you knew exactly what i was saying and you misrepresented it. what are you guys in the business of doing, reporting the

truth? or are you here to try to spin and make news? stop it. you don't care about the truth at all, do you? you really don't. asking your next question shows me you don't care about the truth. >> guy benson is a talk show host and political editor. what is really going on there? >> frustration from rick santorum. look, i think a lot of people are breaking this down, and talking about it always is a good thing for him a bad thing for him f. you look at it in the narrow context it's probably actually a boon to his campaign. finally one authentic republican voter who looked at that exchange with the new york times reporter and is genuinely upset by it? i don't think that there are too many republicans out there who are mortal lee offensed that a republican called out a new york

times reporter for asking a question that did in fact distort what he was saying. broader context, maybe a different question, some people might view it as unpresidential, some people might view it as frustration starting to seep out because rick santorum is in a tough store as far as the delegate math. i don't see how this necessarily hurts him in the short or long term. megyn: in defense of "the new york times" was rick santorum's criticism accurate? because what the reporter said was, quote, you said mitt romney was the worst rip in th republican in the country. is that true? listen to what santorum had said moments earlier in a speech. >> any other republican in the country, he is the worst republican in the country to put up against barack obama. why would wisconsin want to vote for someone like that? megyn: now he did say those words, he did. it was in the context of a discussion about the healthcare

law, but the words were said. so who is right? >> i think in this particular instance rick santorum is right to say that, look, it's a broader context, the guy's name is jeff, jeff zalaney from "the new york times," who is famous for asking president obama questions like, what even chants you most about being president. that is another story when he is make i can the case that mitt romney is uniquely disqualified in his words to take on president obama directly on the issue of owe bam care obamacare, that is fair to make. what "the new york times" reporter sounded like he tried to spin that into is why are you calling mitt romney the worst republican in the entire count tree, which is very clearly what santorum was not attempting to do. megyn: he got in trouble last week with conservative pundits for suggesting that they were the same, president obama and mitt romney. he said that's not what i meant

to say at all. he might be sensitive on this issue. he has come out fundraising on this exchange with the reporter. he says you're not a conservative candidate if you haven't taken on "the new york times." the reporter from the negotiate times guy is saying, this is manufactured. he knew the cameras were rolling, he did this essentially on purpose to get a media moment, and i just want to refresh our viewers, media moments can really help these candidates. he says anyone remember this? >> i am frankly astounded that cnn would take trash like that and use it to open a presidential debate. [applause] >> i am tired of the elite media protecting barack obama by attacking republicans. >> yeah. of course there are manufactured moments, you're on a rope line there is a new york times reporter standing right there who asks a question that in the context isn't entirely accurate

or fair. and you tee off at eupl. it's like politics 101. if the reporter from "the new york times" wants to focus on manufactured story lines maybe he should focus on how the democrats just invented this war on women thing out of nowhere. i don't think -- this is one other thing and i don't know if you would agree with this. i think a lot of people look at rick santorum as sort of a preachy, moral list particula moralistc guy who is holier than thou. the critics say that about him. to lose his cool and get ruffled and drop a word that you wouldn't expect rick santorum to say maybe a little humanizing. this guy isn't that much better than anyone else. megyn: a well placed, not f-bomb but b-bomb can potentially help a presidential candidate. thank you for being here. >> thanks, megyn. megyn: he stuck to his guns and now he's taking heat to it. an advertiser on the rush hrupl but show speaking out saying quote, terrorists are targeting

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your doctor will say get smart about your weight. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes. megyn: an advertiser on the rush limbaugh show is spike out abo is speaking out about what he says is an on going war against his business. mark stevens says ever since he decided to stick by rush limbaugh's show they are trying to drive him out of business, calling boycott efforts against him an act of terrorism.

here is rush limbaugh addressing the matter on his radio show. >> we played for you a couple of audio sound bites by an advertiser of from program in new york city, a guy by the name of mark stevens. ae he pointed out that he's being hit by a coordinated attack that he calls terrorism, not angry consumers, but he thinks that this is a coordinated attack. he doesn't name the group, but we will. it's media matters. and he knows, mark stevens knows that the people contacting him, many of them don't even live in new york, have never patronized any of his businesses, they are simply trying to intimidate him. it's an organized action by the left attempting to terrorize individuals who own businesses and operate radio stations. it's not angry consumers. megyn: joining me now mark stevens, a rush advertiser and ceo of misco. mark thank you very much for

being here. you're in the marketing business, you advertise on rush's show, in the wake of the whole controversy about what he said about sandra fl u.k. e several advertisers did pull their ads. you decided to stay the course, and have experienced considerable backlash as a result. tell us what's happened. >> actually it's more than the decision to stay the course, i'm going to double down. what's happening is that i think that the word boycott is -- puts a nice sugarcoating over the fact that this is really internal american terrorism. you don't have to strap on a suicide bomber's belt to engage in terrorism. these people have gone to -- ferris eupl derives from the term to invoke fear in people. they have called the people of my company, the women in my company, and told them that they are women hate hers, the most horrible terms. tens of thousands of emails. they told us we were under surveillance. the email subline says citizen

of the internet, police of the internet. your house is in danger, your house will be shot up. your people are terrible. this is certificate terrorism. you don't have to commit an act of bloodshed to commit terrorism, you have to invoke a sense of fear. i don't advertise on rush for political purposes. i believe he's a positive force in america letting another view out. we advertise on cbs, on blockburg, this is crazy. we can't allow terrorism to exist in this country. megyn: we have seen a lot of personal pa personal targeting. you mentioned, we are going to have bus loads of people come to your home. you're in trouble. we saw people show up on front lawns and do exactly that with bus loads of people when they didn't like the bank's decisions. does it cause you concern? >> absolutely no concern, let

them come. let them come. the emails i've been getting, megyn, by the tens of thousands, i'm trying to answer them all because they are so heartfelt and they are really tapping into something that is going on in america, the story is not being told, people who run little manufacturing businesses, retailers, people in the military, all kinds of people across the country who feel powerless, suffocated, like the lid is blowing off in the emails they write me. they god bless me, they think i'm a hero, which i'm not. i have to answer all of them, because their emails are so heartfelt. something is going on here that has to be addressed, because the country is at risk. if i can't advertise where i want to advertise my business, because of a small group of people. we can tell, because the vast majority of the emails are in support of us, rush, america, the constitution, the american way. a small portion of people that i call a hiss-fitters who are like

children, when my kids were little they used to go on a screaming fit and lay down on the floor and slap their hands-on the floor. my wife and i had a choice, give them an ice cream cone arrest make them go in their room. we are giving these hissy-fitters ice cream cones. we have to stop it. i'm not going to play that role. i'm not afraid. bring on the buses. megyn: what do you make of the other advertisers who have pulled their ads? do you know whether they've experienced similar tactics? >> i'm sure they have. i don't know what's happened to them specifically. i'm sure they have. i think they are failing to take a stand in defense of america. this is part of a wider attack on business. i had no sense that i'd be swept up in the middle of this. but all of a sudden after the fluke thing -- i have a 30-year-old woman who is the vice president of my company. she is a lawyer. she's a masters in marketing. she pulled herself up by her

boot straps. she graduated from syracuse law 6 years ago with $150,000 in student loans she never asked the government for a dam thing, she pulled herself up. people are calling her up, and others in my company. women, telling them that they are women haters, that they are disgusting, the scum of the earth. are you kidding me, this isn't terrorism? and telling me i'm in danger, i should watch my back? this is what we're getting, this is what is going on. they are a minority. a lot of the emails say the same thing. i'm going to tell ten people who will tell ten other people, you're in trouble stevens, it's like a script, and you can see it. and it's just -- somebody has to take a stand. that's what the sense is. if you read these emails and i know that i'm sure you get plenty yourself. if you get he's emails you get a touch of what is going on in the middle of the country, where people feel suffocated and the pot is going to explode off the

kettle because they don't know what to do, they don't have a voice. megyn: i have to let this be the last question, what you say you're going to double or triple down, what do you mean, what are you going to do next? >> advertise more heavily. stand my ground. give in in no way. give no quarter to those who will intimidate me or my company and i can do anything else for others try to be the bulwark that stands in the way of this terrorist activity. because i love the country and it's got to stop. megyn: mark stevens, manning you sthank you so much, sir, thank you for being here. we're taking your thoughts on it. follow me ot twitte on twitter at megyn kelly. appreciate your feedback. the man who bought millions of movie goers an up close look at the titanic. up next a close look at the bottom of the ocean and what he had to do to get there.

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megyn: the director of titanic and the abyss, james cameron making history by diving to the deepest point in the ocean. but this effort was a lot more complex than just climbing into a submarine and trace gallagher explains why. this is incredible, trace. >> reporter: it really is, megyn. to give you context here, he went down as low as passenger planes fly high, 36,000 feet down, that is seven miles. it took him about two and a half hours to get down there. james cameron was supposed to stay down for six hours but he only said three hours because of a hydraulic fuel leak. when he hit rock bomb he tweeted this and i'm quoting. just arrived at the ocean's deepest point. hitting bomb never felt so good, can't wait to share what i'm seeing with you.

it took him only about 70 minutes to get back to the surface. he says, it was bleak down there, didn't see any fish, didn't really get any goodbye logical samples. here is james cameron when he came back to the surface. listen. >> this is a long ways down. when you go past titanic and go past bismarck and then you're still only, you know, halfway there, two-thirds of the way there, it's crazy. >> reporter: yeah. james cameron, every day for a year to train for this. megyn he ran six miles. he also did yoga to train him to get in that tight compartment about the size of a trash can, that's what he was in for those hours. the sub has been described as avert ta cal torpedo. two and a half stories tall, 3-d cameras. high-powered lights. he's going to have a movie plus a documentary. look at the mariant trench, 120

times the size of the grand canyon, a mile deeper than mt.~everest is high. haven't been down there for 52 years, two divers did it in 1960, megyn but he's the first to do it alone, amazing. megyn: that is incredible. wow. >> reporter: isn't it? megyn: yeah, i'll be watching that one. trace, thank you. president obama did not realize that his mike was on during a discussion with russian president dmitry medvedev and this is what slipped out. [inaudible] megyn: what else is the president planning if he wins his re-election? we'll investigate that coming up. plus the big push underway to discourage some kids from having best friends, and wait until you hear why. [ donovan ] i hit a wall.

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megyn: fox news alert, we are getting new details from the supreme showdown over health. welcome to a brand new hour of "america live," everyone, i'm megyn kelly. health care, really. we'll get to those details in a little while, but first, the high court's decision on pram many's signature -- president obama's signature achievement could have a far-reaching impact on the reach of government, on your health care for years to come and on the race for the white house in 2012, something president obama is clearly aware of. the obama administration working aggressively behind the scenes right now to increase support for the controversial law encouraging liberal groups to voice their support as we saw some health professionals doing outside the supreme court earlier today. >> we are a rich and prosperous nation. it is only morally right that a minimum level of health care should be a right and not a function of income or which job you have. >> in my professional opinion, it will improve the quality of health care delivered, and let's remember when all the hoopla's

gone over the politics and the finance battle, this is really about preserving human dignity. megyn: chris stirewalt is host of "power play" on foxnews.com live. chris, those were not necessarily the most organic folks showing up outside of the u.s. supreme court, but they had some marching orders from very high on up. >> well, they did and everything from that and prayer vigils and other things that "the new york times" reported on, the administration realizing that the legislation remains unpopular were looking for a way to demonstrate that some folks really do like this, and there are people who do want the supreme court to uphold the president's law, and it may not be much compared to sort of the organic, grassroots response to the bill on the right, the negatives, but you've got to do something. megyn: but you point out that the president and the white house have to walk a very fine line on this unpopular law. there's no two ways about it.

the polls have been consistent from the beginning, the american public overwhelmingly in terms of the majority versus the minority doesn't like this law, but they need to not alienate swing voters when it comes to promoting it. >> well, some of the people who don't like the law are liberals who think that the law didn't go far enough and didn't get america where it needs to be. you heard that in the voices of some of those doctors that you just played. those are the people who are saying this country should be on the path to a european-style single-payer or should be on the path to what democrats call the public option, essentially a government-run insurance program open to all americans. that's what they want to see. they weren't happy with this. and some of the folks on the left who don't like the law don't even like the mandate that's being debated at the supreme court. they think that it, too -- they, too, think it's unconstitutional. so the president has a problem on the left. so as much as he wants to get his supporters, the democratic base, whipped up over this

legislation, this is not a discussion that he really wants to have in these terms. he doesn't want to relitigate what many liberals consider the shortcomings, the failures of this signature achievement of his term. megyn: now after taking a lot of criticism for not marking in any real, significant way the two-year anniversary of the law, the white house has seemed to try to change its messaging on that. the campaign, that is, not the white house, but the obama campaign came out with t-shirts that say, that read "health reform is still a bfd," quoting our vice president. they have a tweet now with the hash tag "i like obamacare." they've made the strategic decision to embrace the term obamacare, so i guess that's okay on all sides to say now, used to be considered more derisive. in any event, do we believe that, chris, that they now believe it should be celebrated, it's a bfd, and they want to embrace obamacare when, you know, as we talked about last year what they did to mark the

anniversary was to send old cecilia out on twitter to answer questions, way to celebrate! >> cecilia tweets. but the deal is what the administration and the campaign have held up as the biggest deal, the biggest blanking deal of them all are things that generally could have obtained bipartisan support, generally were not the biggest part of this legislation and stuff about letting adults stay on their parents' health insurance, about not dropping people who get serious ailments during the thing. if you recall, there was discussion about putting together sort of a patient's bill of rights. it's those things, those relatively uncontroversial elements that the administration's playing up right now in a bid for moderate voters, not talking about the sweeping changes that are being debated right now by the high court. megyn: yeah. well, that's smart, right? because those, when you break down the law into individual components and ask people whether they're behind the things you just listed, they've

consistently said, yes, we like those thing, but not necessarily in the package they presented in obamacare. all right, chris, thank you. >> yes, ma'am. megyn: well, to get a handle on how historic and far-reaching the case before the supreme court is, the high court is scheduling six hours of arguments over three days, the most time devote today a single case since the miranda decision in 1966 when the justices held police must advise people of their right to an attorney before they can be questioned. more than 130 amicus briefs or friends of the court briefs -- from folks who want to be heard on the issue -- have been filed, and a modern record coming from a wide range of groups from aarp to the, quote, young invincibles which is a group of young adults banded together on this issue. later right here on "america live" we have got the actual audio of some of the key moments from this morning's hearing. you haven't heard it yet today. we will look at the questions that were asked in a fair and

balanced debate with two guests who have years of experience with issues before the high court. you know them well by now, jay and julien, here on the arguments, and you will hear the justices for the first time on the president's signature legislative achievement. stay tuned for that. got an alert now and brand new developmentses in a cheating scandal. you may remember a story breaking last year about school administrations manipulating standardized testing grades in cities like washington, d.c. and camden, new jersey. well, today we're getting reports that this kind of cheating could be going on in a number of other school districts across the country. jonathan serrie's live in atlanta. jonathan, for folks who don't remember that, just set the stage for us. what's going on? >> reporter: certainly. this is the same newspaper that did that atlanta public school investigation now taking it nationwide. the atlanta journal constitution looked at some 14,000 school systems and found suspicious standardized test results in roughly 200 school districts and

literally thousands of schools nationwide. now, the investigation didn't catch anyone in the act of tampering. instead, it looked for sudden fluctuations in the scores that couldn't be explained away by demographic shifts, by chance or even by good teaching. listen. >> testing of students has become the cornerstone of national policy. that's how schools are evaluated, school districts, principals, teachers. it's absolutely crucial that we can trust those tests because, again, this comes back to school children. >> reporter: the concern is that by inflating test scores, underperforming students miss out on remedial tutoring and other services they might need. this national report stems from a local investigation conducted back in 2009 looking into suspect test scores in the atlanta public schools. state officials followed up with their own investigation, and they leveled test tampering

educations against -- allegations against some 180 educators in 44 atlanta schools. well, this latest ajc report suggests that schools in assistant were not alone. megyn, bang to you. megyn: jonathan, thank you. we also have a developing story involving former mf global ceo jon corzine, there is fresh evidence that he may personally have ordered the transfer of money out of his clients' accounts just before his company's collapse. you member corzine, he was a senator of new jersey and a governor of new jersey. he was considered to be the treasury -- considered for the position of treasury secretary under president obama, then he went off to head this mf global and, boy, oh, boy, did that implode. investigators now say a memo from another former mf global executive highlights a $200 million transfer to an overseas account. the memo says that transfer was made according to corzine's, quote, direct instructions. he's said he doesn't know what happened to all the money that was lost when he was running

this firm. charlie gasparino joins us now from the fox business network. charlie, what do we know? >> the plot is thickening. he's the problem, megyn, we don't know a lot based on this memo. what's missing is $1.6 billion in customer funds that vanished when mf global imploded back last year. the bottom line is, this is a $200 million transfer that seems to suggest it's part of that money. the question is, did corzine knowingly order the transfer of customer money when he said, you know, transfer this money. and, you know, when you look at the documents, the full e-mail that was released by one of the house subcommittees last week does not provide much detail. we don't know whether he's transferring other money or the customer money. and let me tell you something, you can transfer other types of money, it's the customer money that is at issue. and unless we get more e-mails, more evidence, this is clearly not a smoking gun. i will point out if there are more e-mails in evidence that jon corzine knew that money,

customer money was being transferred to pay off mf global's bills when it was imploding late last year, well, guess what? that's more than just civil charges because you transferred segregated customer accounts. that's perjury because he went before the house financial services subcommittee on investigations and said he didn't know anything about the use of customer money. but i'll tell you, megyn, based on this stuff, we are not there yet. there's other exculpatory evidence that's starting to pop up, other e-mails. wednesday's going to be a key day. the house financial services subcommittee on investigations is holding a hearing, we're going to get more on this, and maybe then we're going to get to the bottom of it. but as of right now, you know, jon corzine does not look -- does not look, i haven't seen everything and it's hard to sort of game plan this -- does not look like he's culpable for this chunk of the missing customer money, and he still seems to have an out here. megyn: we will watch on wednesday. charlie, thank you. >> reporter: okay. megyn: well, a caught-on-tape moment. what president obama has folks

wondering what plans the president is keeping secret until after the election. we'll debate after this break. plus, a man tasered, handcuffed and dragged face down. we'll show you what happened as people start asking if police did something wrong here. and before the high court gets to hear the heart of the president's health care law tomorrow, the justices had to hash out a procedural matter on whether they would even move forward on this case or whether they should punt the whole thing until after the presidential election. what are they likely to do? fair and balanced debate coming up. >> not once is unconstitutional. >> we love ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. >> we love -- hit me! [ female announcer ] live the regular life. phillips'.

megyn: an open mic moment that may speak volumes. president obama at a nuclear security summit in south korea today raising some eyebrows back at home when he is heard saying on an open mic the following to

russian president dmitry medvedev: >> [inaudible] megyn: the world leader's speaking about america's planned missile defense shield in europe, a longtime contentious subject between russia and america, and the president's answer suggesting he has some changes in mind if he should win next november. already the controversy erupts. joining me now to discuss it, jeff knew greene and mike gallagher, a syndicated radio host, both are fox news contributors. so, mike, the concern here is what? that president obama's forecasting that if he gets reelected, he's going to do something then that he couldn't do now? >> listen, let me get you into the mindset of millions of us americans who are committed to trying to get president obama

defeated in november. the mindset we have is that in his second four-year term, should that happen, he is going to launch a series of absolute radical, extremist, um, bills and platforms and a movement, if you will, that reflects his true inner self. and this is what we've always been afraid of. the first four years of his governance, he's going to have to keep his hands close to the vest because he wants to be reelected. after he's reelected, and he sort of says it definitively to the russian president, this is what we're afraid of, that he is ready to uncork for his last four years, and obamacare and the radical stuff he is already flirting with is just the tip of the iceberg. that could be wrong, of course, but, megyn, that's the mindset of a lot of us who believe that he showed his true colors today on this open mic movement. megyn: jehmu, how could that

happen if president obama won re-election, but the house stayed in the control of the republicans? >> exactly, megyn. i mean, you hear this hot mic incident and, of course, immediately it's, like, cue the conspiracy theories. obama's a russian, whatever's going to come next. and listening to mike i hear a little bit of conspiracy theory this there, sounds like maybe some of those folks might need some therapy at the end of the day -- megyn: don't we all really? >> yeah. [laughter] at the end of the day, this president is committed to our missile defense system, and he has repeatedly addressed that with the russians. who knows, maybe this is a smart negotiation tactic saying to president putin, you know, for that message to get to putin, you know, just back off a little bit before the g8. megyn: well, the white house has said, look, that's the reality, it's an election here year, it was an election year in russia,

but you highlight a greater concern, that it's not just about the missile defense shield, it is about a number of issues that the right believes president obama's sort of holding his cards on. and i'll tell you that just on this program last week a gun advocate came on and reiterated the position of the nra saying they have concerns on gun issues. there are concerns about what the president could do on illegal immigration. there are concerns about health care. there are concerns about environmental regulations. but can the president really meaningfully do anything on that without a democratically-controlled house? >> well, i mean, anything can happen. he's not going to be neutered if there's a democrat-controlled house. none the less, he's still, he's the commander in chief, and he's got the executive office at his disposal. i mean, but, megyn, there are so many issues where i think he's playing it close to the vest. look at the very volatile and complicated gay marriage debate. he has not played his hand on that. he talks about maybe having an evolving position, but he really

hasn't come out one way or the other, and this is not -- this is a very smart man. i mean, listen, he's willing to dive into the trayvon martin shooting, you know, he wades into those murky waters, he doesn't mind having restraint on that, but on an issue like gay marriage, you have no idea where he really stands. i think it's inconceivable that we won't know during his second term should, heaven forbid, that come to fruition. megyn: the president's campaign guy, david plough, was out on the sunday shows this weekend, and he was asked by george stephanopoulos on abc news why they're not making this a plank of the party platform at the convention. he's how plough answered. >> as you said, the president spoke of this issue. i certainly don't have anything to add to that today. we don't even have a platform committee yet -- >> well, you do have a draft plank right there. >> well, we're going to work through the platform process. megyn: so is there a legitimate concern that things like gay

marriage which is very divisive, illegal immigration and so on might become very different issues with president obama in his second term? >> well, i think on the gay marriage issue he is, actually, on the wrong side of history right now, and many democratic leaders are urging this administration, urging the dnc to make sure that that is included in the party platform and they're right. they're right with where young voters are on this issue, so hopefully that move have been successful to get the president to evolve already. the reason that he will be elected, reelected is because people have faith in the fact that we are going to see some movement on immigration reform which is critical. we can't have states continuing to, you know, play the role of the federal government. the reason he will be reelected is because he's going to continue to push the agenda that he is promising through -- >> i'm glad. megyn: okay. >> whether it's through education reform --

megyn: gotta go. quickly, mike. >> i'm glad jehmu's as confident as the president is, but therein lies the rub. why doesn't he give his position now rather than waiting after november? megyn: it's evolving. jehmu says he needs to evolve faster. i got that go. [laughter] >> yeah, right. megyn: coming up, why would a school want to encourage a ban on best friends? a ban on best friends. we'll show you a new idea that is raising questions for parents and students. plus, a man is tasered at an airport in oklahoma city, and the excessive force questions came about 30 seconds after this video leaked. trace will bring us the whole story right after this break. and a horrifying chimp attack leads to a massive lawsuit against a very wealthy defendant. kelly's court on how an entire state may pay for an out of control chimpanzee. >> listen to me, tell them to shoot him! ♪

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megyn: a bizarre incident at oklahoma city's will rogers airport, and it was all caught on tape. police tasering, handcuffing and dragging a man face down after he refused to leave the airport. the guy claiming he was there to meet newt gingrich, saying he haddock units for him, and be then he launched into a very strange tirade. trace gallagher has more from the breaking news desk. >> reporter: the man has been identified as 53-year-old james hide protect, and he said that he was waiting for newt gingrich. they told him where he could wait, and then he tried to walk through the exit part of the security gate. well, clearly, he was forcefully pushed back, but then he pushed back, and he was tased. listen and watch.

>> help! i give up! >> put your hands behind your back. >> reporter: the man witnesses say claimed he was working with the cia, that he was trying to give those documents to newt gingrich, and then watch what police did next after they handcuffed him face down. play this. >> help! help! >> reporter: they dragged him facedown back into a secure area. he kept saying, i give up, i give up. now the oklahoma city police department wants to know if police broke any laws by doing that. the department is now reviewing this and investigating it, and they will send all that information to the da to find out if charges will be filed. the man, by the way, was given a

medical exam and cleared, he was then arrested and booked, but now all of those charges have been dropped, and he never had any contact at all with newt gingrich. but the cops now coming under scrutiny in oklahoma city. megyn: trace, thanks. well, she survived, barely, a brutal attack at the hands of a chimpanzee. now charla nash is trying to sue her home state claiming it did nothing about the dangerous animal despite the warnings. but is the state of connecticut really to blame? and what are best friends for? certainly not for school according to some teachers. why some schools are now banning them. can you do that? and the supreme court wrapping up the first day of testimony surrounding health care reform. what did we learn from the justices today? were there any hints, forecasts on how they feel about the actual core of the law, the mandate? we'll have a full breakdown next. >> freedom! freedom!

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megyn: 2:31 here in the east, and rick santorum is vowing to continue his presidential campaign despite a big gap in the race for delegates saying the race is far from over after winning another victory yesterday in louisiana which delivered to him only five new new delegates. divers are recovering five

new bodies in the wreckage of the costa concordia. a total of 30 bodies have now been found. pope benedict 6th continuing his tour of latin america, arriving in cuba marking the first papal visit to the communist country in 14 years. fox news alert, back now to the breaking news of a historic case before the u.s. supreme court. the nine justices about to decide the fate of the president's health care law. at issue today, the first of three days of argument, whether the high court can even move forward on deciding this case at all. now at this hour we have got actual audio of some of the key moments from today's arguments, and joining me now to break it down two men with expert knowledge of issues before the high court. julien epstein who's written extensively on congress' power under the commerce clause which is the linchpin of the government's case for why it could pass the individual

mandate. also jay sekulow, jay has been counsel of record in at least 20 cases at the supreme court ands has argued before the high court 1 times. pretty -- 12 times. pretty good. pretty impressive for both of you. we never talk about your credentials, we just have you on, but when you lay it all out like that, you guys really know what you're talking about. [laughter] today let's be honest, kind of boring, right? it's a procedural issue, but it's not boring when you think about the high court buzz deciding d was deciding whether it was going to go forward with this case at all, and that is something that americans care about. what are the odds that the supreme court is going to punt this thing altogether, julien, and say we're not doing it? we'll take arguments tomorrow and wednesday, but we're not going to decide this case on the merits until 2014? >> i think jay and i would probably agree the chances of that are zero. this is a law that goes back to the 1860s, it's called the antiinjunction act, and it essentially says the case is not

ripe until the penalty which is the tax for freeloaders who can afford to get insurance who don't get insurance until that tax penalty is actually executed which wouldn't be until 2014. megyn: so the argument is you can't challenge this, people who don't like the mandate, you can't come into court and challenge this until you've had to pay. >> and i think paul clement's taking a position -- megyn: representing the folks who oppose the law. >> the people challenging the law is saying it's not the penalty we're challenging, it's the fact of the mandate, and i think he's right. i think jay and i world probably agree and, therefore, today will largely be a procedural issue. megyn: so, jay, you think the court is going to get to the constitutionality of the individual mandate. >> i do, and i sure hope so. of course, as someone that's argued cases in the supreme court of the united states, and i think julien and are i are in complete agreement, they need to get to the merits of this. why'd you give an hour and 30 minutes to something that really shouldn't have been that big of

an issue, but they did. based on the questioning that came forward in the court, it's becoming pretty obvious at least by the oral arguments, the fact is the court will address tomorrow the individual mandate, and i expect that one way or another that decision will come out at the end of june. the questioning looked like it went today almost from all the justices with the notable exception or two that the court was going to reach the merits. interestingly, a couple of conservative judges that in the lower courts have said that the anti-injunction act applied. megyn: virginia. i'm going to play a little bit of audio because i think it's interesting to hear the justices. let me just set this up for you because it's a little confusing. here's the deal. the court wanted to hear from somebody about, you know, what would be so awful if we did decide this, right? what would be so awful if we said we do have jurisdiction before someone had to pay the math mandate and we heard this case, and justice sonia

sotomayor who president obama appointed was asking that of the lawyer who was trying to convince the court, don't, it's too early, don't listen to it yet. she was saying, well, what's the parade of horribles that would happen if we did? and justice scalia jumps in to answer the question that justice sotomayor asked of the lawyer. take a listen. >> what's the parade of horribles that you see occurring -- >> there will be no parade of horribles because all federal courts are intelligent. [laughter] so it seems to me it's a question you can't answer. it's a question which asks why should there be any jurisdictional rules. and you think there should be. megyn: so it's fun to listen to. it doesn't tell us anything, though, about whether justice scalia or justice sotomayor think the individual mandate is constitutional. that's the heart of the issue, that comes up tomorrow. >> right. megyn: here's what i want to know. i'll start with you, jay. did we hear anything today that

tips the justices' hands on that, on whether they think the actual law can be upheld. >> some of our team was inside the courtroom, and we've also heard the audio, and i don't think so. they were pretty forwarded. i think it's going to be close, and we'll get a better sense from the oral argument. tomorrow's going to be the big day on this individual mandate, but there was not really a hint. one blogger noted, well, the court's going to hear the arguments tomorrow, so that must mean they're going to decide the mandate's unconstitutional. it doesn't mean anything. it means the court set aside six hours for oral argument, and tomorrow they'll address the individual mandate. i think this is one of the rare moments where julien and i agree on everything. you'll have two hours of intense questioning on the individual mandate. but you will get a sense to where the justices may be leaning. megyn: i think that's very helpful because i like you guys in your sort of nonpartisan roles because i think what's interesting for the viewers is real predictions. i mean, i think i can guess how, jay, how you want this to come

out and, julian, you want this to come out. but what i like to get at is what you guys really think based on your knowledge of the court is the likelihood of how these justices are going to come down. let me start with you on that, julien. >> well, when you ask us for these predictions, they're often colored by our personal views. i think the law will be upheld because the commerce clause is pretty clear that i think it grants jurisdiction for this kind of case. the real issue here is freeloaders who can afford to pay insurance who don't pay insurance because they want to take advantage of the guarantee provision that they can get insurance if they get sick whether or not that impacts interstate commerce. i think we know as a matter of record it impacts interstate commerce by about $110 billion a year which we all pay for in higher premiums. and i think given where particularly justices like scalia were on the gonzales case, i think it's very hard to argue -- megyn: making medical marijuana -- >> exactly right. megyn: it, basically, was an

expanse i have view of what congress can do under the commerce clause. >> correct. megyn: before i get your thoughts, jay, i just want to play a little more of the moment where justice ginsburg, she's one of the members of the liberal locke of the courts, my apology toss the court to short forming, she's one of the more liberal justices, a former aclu lawyer where she challenges the lawyer on whether the high court should be hearing this case. take a listen. >> the question that i asked you is, if you're right that this penalty is not covered by section 7421, if you're right about that, why should we deal with the jurisdictional question at all because this statute correct the way you read it doesn't involve a tax that's subject to the anti-injunction act. >> yes, that is exactly our position. >> okay. so you agree that we would not, if we agree with you about the

correct interpretation of the statute, we need not decide the -- >> there would with no reason to decide the jurisdiction -- >> don't you want to to the know the answer? [laughter] >> justice kennedy, i think we all want to know the answer to a lot of things in this case. but i do think that the prudent course here is to construe the statute in the manner that we read it. megyn: that's just good fun. i mean, that's a good knee slapper. if this passes for high humor in the nation's high court -- >> hey, for supreme court advocates, it is. megyn: i think our viewers are like, what? >> yeah. but, you know, it does point to, megyn, that tomorrow what we're all agreeing today that the court is, i think pretty clearly, going to reach the merits. i want the court to strike it down, julien wants the court to affirm it. but i think -- and we'll both be, obviously, listening to the audio before we talk to you tomorrow, but it's going to be a close case. and there's a gonzales case on

the one hand, lopez on another. i mean, there's -- megyn: that's one case in which they took a broad view of the commerce clause powers and one in which they did the opposite. >> correct. narrow. so you just don't know how it's going to line up. that's where the oral arguments when you play those audio clips tomorrow are going to be helpful because you'll get a sense of at least the thinking of the justices as the case moves forward. megyn: don't you find you really can tell how the court is going to rule based on the oral argument? >> i don't. megyn: you don't? >> i agree with jay. i think a lot of people try to read the tea leaves -- megyn: you guys aren't paying attention. i don't think i was ever wrong when i sat in that supreme court. >> well, you're better than both jay and i, megyn. [laughter] megyn: that's so untrue. >> arguments that didn't go so well, and you end up winning. >> it happens all the time. megyn: jay, sometime we'll sit down, and i'll explain it to

you, me with my none and you with your 20. [laughter] >> you've covered more. megyn: thank, guys. so, you know, it wasn't the most explosive or exciting day inside the high court, but tomorrow is the day. bigger than wednesday, bigger than today, and that is the day in which we will all be waiting and watching and, hopefully, have more audio that's, actually, genuinely interesting. coming up next, a woman's life changed forever after a chimp brutally attacks her. now the attack survivor is trying to sue the state. what she says the governor himself knew about this dangerous animal next in kelly's court. [ grandfather ] that a boy!

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megyn: kelly's court is back in session. on the docket today, who is to blame for a chimpanzee's rampage

in connecticut? remember this case? charla nash had to have a full face transplant after she was mauled by the 200-pound chimp named travis. now she wants to sue the state of connecticut for $150 million claiming her then-mayor and current governor, dan malloy, knew about this chip's violent nature. nash was friends with the chimp's owner, and she was trying to help that owner get the chimp back behind his caged bars when he got out of control. here are some of the owner's dramatic 911 call as her friend, carr -- charla nash was being --

megyn: so should the state be on the hook for the damages that were done to that victim? joining me now, kimberly guilfoyle, co-host of "the five", and mark eye dollar,. all right, panel, it's just horrifying, right? horrifying to hear. and there are two defendants. there's the chimp's owner who is now deceased, but her estate is being sued. and now charla nash, the victim in all of this, is also trying to add the state of connecticut. kimberly, how can she get there?

because normality -- normally the state has southern immunity. >> yes, she has to appeal to the claims commission to say please allow me to bring this lawsuit because this is a just and equitable suit, and she can prove, in fact, proximate cause, that they had a duty to protect, that there was a failure with respect to duty to protect her -- megyn: but how? those are all generalities. what's her argument in this case? >> that they knew, in fact, this chimp pose add substantial risk, there's a history of previous attacks. she herself was attacked, obviously, in 2009. there was an attack where the chimp got loose in 2003, so they were aware of the fact that this was a large, substantial animal, 200-pound, male chimpanzee, and, there was, there's internal memos saying they knew about the existence of this chimp, and they did not act. as you said, there's been some allegations, well, did the governor know the owner, was he allowing to keep this dangerous

animal on the premises which obviously posed the danger of serious bodily injury or death because look what happened to this woman. megyn: to pierce the immunity, you're going to have to show the state did something above and beyond just sit there, and she seems to be claiming that the mayor who's now the governor was on notice about this chimp, that the owner of the chip had a discussion with the mayor -- chimp had a discussion with the mayor, he allowed her to take travis home, he allowed her to keep him in the home. he knew it was dangerous, and he knew about a prior incident involving the chimp getting loose. is that enough? >> no. and i don't think that she's going to have an easy time proving this case at all. first of all, it wasn't unlawful to own a chimp back then. now it is. twenty states make it unlawful to have a primate as a pet. in fact, it wasn't even unlawful to fail to register because she owned travis, this chimpanzee n1995. they didn't even have to register the chimp. they knew this chimp got loose

in 2003. the fact that he allegedly bit some people's fingers, that was not known to the state. there's evidence of that. so she is the best person to know how dangerous this chimp is, and as much as i feel for her, when you walk into a home when there's a chimpanzee, surprise, surprise, the native habitat of a chimpanzee is not stanford, connecticut, it's africa. and i think there's a certain assumption of risk here. megyn: that's the thing, kimberly. she knew this owner and this chimp. >> but at a certain point are you supposed to say, okay, fine, i'm going to physically take travis and remove him from the premise? no. that's why there are regulation toss protect the public, and i'll tell you, i don't think it's going to be that difficult of a hurdle for her to overcome given the facts and circumstances of this case. and if claims commission does deny her request to bring a lawsuit against the -- megyn: mark, 10-second response, hard break. >> what did the state know? that she owned the state. no duty there, sue the owner of the chimp. the chimp. megyn: we'll be right back with.

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megyn: teachers are banning children from making best friends. trace gallagher explains why. >> reporter: this is now policy, megyn, at a number of schools in london saying you cannot have a bff. instead they're saying that kids should play in large groups, and i'm not kidding, this is what they said, to safe the children the -- save the children the pain of splitting up with their best friend. really? [laughter] well, the national association of teachers calls it ridiculous, issuing this comment saying, quote: i don't see how they can stop people from forming close friendships. we make and lose friends throughout our lives. well, maybe the schools in

london could team up with the school in new jersey which appeared to ban hugging. the principal recently came on the intercom and announced that this was a no-hugging school. the district got some pushback, parents were a little upset, and the district came back and acknowledged saying there is no hugging, and we have not, nor will we be suspending students for hugging. so the principal made the announcement, but they were really talking about inappropriate hugging. well, here's what some parents said. >> they should worry more about bullying they they do about kids actually getting along. >> i was appalled. i was, like, how could that happen? they're kids. natural to hug, to embrace your friends. >> reporter: so you can't really have a bff, you can't hug your bff. if you do, you might get sent to the breakfast club after this. these are absolute policies, by the way concern. megyn: well, they should ban pets too, that's painful, running on the playground, just

ban pain of any kind. can we do that? >> reporter: they've already banned running on playgrounds across the country. a lot of schools you cannot play soccer or dodgeball because you could get hurt. megyn: this is how youly your life -- live your life. it's like being across from tonya ryeman. >> reporter: who's that? >> reporter: the body language expert. she makes me feel uncomfortable. i never now what to do. all right, trace, thank you. [laughter] megyn: coming up, the highest court in the land taking up a challenge to president obama's health care overall. can you be forced to buy insurance or pay a penalty? our coverage continues. okay, team! after age 40, we can start losing muscle --

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>>megyn: we are getting a lot of feedback from our guest that came on at 1:45. e-mail us on that, oracle -- or you can call me on twitter. thank you for watching, everyone, here