>> many celebrated that it gave more americans stey's health care. but others said it would bankrupt the nation. those who hated it vowed from the beginning to keep fighting it. >> we are not giving up until we full square repeal this bill. >> greta: at the heart of the debate, the individual mandate, the most passionate critics argue it tramples on our rights. >> the individual mandate on americans that they must buy health insurance or face penalties overreaches the authority of the congress. >> greta: but democrats insist it's essential to implement the reforms in the law. the gripes about the bill where it is not just about the content, but how the law was crafted. >> look at how it bill was written. you can say it was done openly? with transparentsy and accountability? without back-room deals, struck behind closed doors, in from the people? hell, no! you can't. >> greta: one thing that had many up in arms, was that very

few -- maybe even none had read the 20,000-plus-page bill before voting yes or no. >> we have to pass the bill so that you can find out what is in it. >> every time you see the bill, it's 100 pages bigger than it was the last time you saw it. >> greta: no matter what the supreme court decides, perhaps vice-president biden said it best. >> [bleep]! >> greta: tonight, hear from representative michele bachmann and former alaska governor, sarah palin and the republican attorney general leading the charge against the health care law, pam bondi and couch -- cuccinelli are here. welcome to a special "on the record," health care law supreme court showed -- showdown. >> greta: we are waiting the decision. here's shannon bream for an

inside look at the showdown in the supreme court. >> reporter: from the thousands who took their opinions on the president's health care law to the steps of the supreme court in march, to the millions now awaiting a decision from the nine justices, nearly every american will be impacted by the court's ultimate decision, expected sometime this month. march 26, day 1, the justices heard arguments over whether the case, brought by dozens of states and small businesses was right. under the anti-injunction act drafted in 1887, quote, no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person. >> kill my bill! >> reporter: some argue that means the mandate must first kick in n2014. then someone be assessed a tax penalty for refusing to comply before the law can be challenged, pushing the kiss too 2015 or beyond. most believe that the justices were convinced to move the case

forward and will move decide the case on the merits which they got to on day 2, march 27, starting with the individual mandate that will require every american to get health insurance or pay a penalty. there was a laser focus on justice anthony kennedy, most often the swing vote who, started the second day with an initial question that rattled the law's supporters. >> you can create commerce in order to regulate it. >> reporter: it got to the heart of the argument against the law. oppons say congress is attempting to force americans into a marketplace, rather than regulating economic activity that already exists, a premise that seemed to trouble justice kennedy. >> here the government is say that this federal government has a duty tow tell the individual citizen that it must act and that is different from what we have in previous statements. that changes the relationship of the federal government to the...

in a very fund alexander way. >> reporter: justices repeatedly said those who decide not to get verdict are having an economic impact on an existing stream of economic activity. here's justice cagan. >> the aggregate of all of these uninsured people are increasing the normal family premium, congress says by $1,000 a year. those people are in commerce. they are making decisions-- >> reporter: equally unconvinced, justice scalia. >> everybody has to buy food. so you define the market as food. everybody's in the market. therefore you can make people buy broccoli. >> reporter: at the end of day 2, lawmakers from both sides of the aisle seemed encouraged. >> i would say the government had a tough day. >> very obvious that this law is unconstitutional, tomorrow somebody can come in and attack social security for the same reason. that would be unconstitutional. >> reporter: day 3. march 28.

the justices considered what will happen to the overall health care law if the court decides to strike down the mandate. justice ginsburg was concerned about the affordable care act. >> why shouldn't we say that the choice between a wrecking operation, which is which you are requesting, or a salvage job and the more conservative approach would be salvage, rather than throwing out everything? >> reporter: justice scalia struggled to see how there could be any other solution if the mandate false. >> most of our severability cases, you know, involve one little aspect of the act, and the question is whether the reft when have we ever struck down what was the main purpose of the act and left the rest in effect? >> reporter: the justices also heard from 26 states that argued they cannot afford to add millions to their medicaid roles

that the new law could require. the states say that statutory language would require the federal government to withhold all of their medicaid funding if they refuse to take on the new enrollees. >> we discussed the med kays coercion and whether or not threatening to take away every single penny of our hard-earned tax dollars, our medicaid funding, is coercion, then we don't know what it is, if that is not coercion. >> reporter: the federal government will subsidize the additional colv costs in the beginning, to the tune of trillions of dollars. justice cagan seemed unpersuaded as to how that could be coercive. >> the federal government is saying we are giving you a boat-load of money, no matching funds requirement. there are no extraneous conditions. it's just a boat load of federal money for to you take and spend on poor people's health care t. doesn't sound coercive to me, i

have to tell jew multiple issue, numerous viewpoints and likely a fractured set of opinion, now just days away. >> greta: as we wait to find out the fate of the law, some parts are already in place. what are they? what happens to them if the law is struck down? we asked a health care reporter. tell me, what has been implemented so far? >> the things that are already in place are commonly known as the patient's bill of rights, things that can be more popular, such as letting children stay on their parents' insurance until 26. children cannot be denied because of a pre-existing condition. there are rules for insurers. insurance companies have to spend at least 80% of their premiums related to health care, not marketing, not administrative services, straight health care. there are a host of preventive services that people can get without cost sharing, not paying out-of-pocket co-pay or

deductible, different for adults and women and children and a host of benefits for seniors that are already in place, one of the big things is changing the prescription drug what neigh call the donut hole in medicare, the coverage gap for when medicare pays for drugs. they are narrowing that hole down and provide more coverage for seniors and they gave seniors a one-time rebate check for $250 to cover the prescription drugs. another problem we often see in medicare is they try to -- they can't find enough primary care physicians because they don't get reimbursed enough. so they started a financial incent testify give the primary care doctors more money to see patients. >> greta: there is a number of things in effect. the big ticket items are yet to come, i assume, like any expansion in the roles. i mean, the 30 million people who don't have insurance, we don't have them on health insurance, right? >> exactly right. that's still uninsured as of now.

>> greta: all right. in order to pay for those people, we are really fendent on this mandate, right? >> that's right. we have to wait for that until 2014, assuming the supreme court let its stay in place. so that has all the state insurance exarchs that you hear about. those are set to run in 2014. that's when the mandate comes into play that all americans have health insurance or pay a penalty. >> greta: if the mandate is unconstitutional and it is stricken, let's say that the rest of the law's allowed to stand and there is some question. if it is unconstitutional, it may get require the law to fall. but that -- the supreme court will decide or not. but is there any other plan for financing -- if there is no mandate, is there any other plan "b" to finance this expansion of people having health insurance, 30 million? >> i am sure that people right now are trying to work on that's plan "b." we haven't heard about the alternatives. republicans want to get rid of it and start a new plan and package to get those people verdict with a number of

changes. but really, right now, supporters are hanging their hopes on the mandate. >> greta: is there -- have you been able to determine whether or not premiums have gone up in price or not? that was one of the promises, very important to many americans, that premiums not go up. have premiums gone up? >> premiums have gone up. but there is a delay, obviously in seeing when the premiums happen. we don't have up-to-date numbers on the last six months. like, you said, a lot of reforms are not in place. but they do say -- hhs says that medicare premiums have gone down and private insurance premiums are growing more slowly, so the trend is starting to save us more money. >> greta: but right now, they are going up, but not as quickly as one would expect, that somehow that this new law has slowed the increase in payments. >> exactly. >> greta: are there any things that have been a huge disappointment to the obama administration on this law? >> one of the things, they had

these pre-existing insurance plans they set up to sort of provide a temporary situation for people who had preexisting conditions and can't get insurance, they would insure them through the pools until the states got their exchanges set up. it's been only 50,000 people who got on this. that's want at all -- >> greta: is that bad? there are less people -- does that make it cheaper or more expensive? >> it fends on how sick the people are and how much money and services they need. the administration was counting on those people paying into the pools and getting more money out of that. so have you less people paying for that insurance. it's hard to see how that washes out. but their estimations were definitely off. >> greta: i think you are the only one in the city who understand this is law. >> thanks so much for having me on. >> greta: besides you, the patient. doctors day in and day out have a first-hand view of what ails our health care system. what do they think is the best

solution? what do they think has been the impact of the health care law? what will happen if it is struck down? we have an emergency room physician and a senior attending physician of emergency medicine at st. barnabus hospital in the bronx. i am curious, what has been the impact so far, the limited implementation, to you? >> li mean, they have started to do some of the medicare reimbursement and pay-back. thru there is a problem with medicare. there is going to be a problem either way with this law because they're going to add medicaid patients to t. we have a problem with medicaid. 30% of doctors in this country don't take medicaid, so the e.r.'s the only place they can come. and a lot of states are trying to stop their access to emergency care. so whether they strike it down or not, they are going to have to account for the problem with medicaid right now and what's

going to happen when more medicaid patients come into the fold as they expand. >> greta: two question, what is the impact to you as a doctor? and doctors are also patients, you can give me, you are going to be a patient, whether you like it or not, sooner or later. how will you be affected as a patient? >> let's face it, we need reform. the current recipe that we have is not working. what i am happy about is they managed to keep the prudent layperson standard there, which basically lets us allow our patients to come in and still be seen for emergency care. you know, we can't put the onus on the patient to say, oh that, chest pain i have is just a bum stomach or indigestion. that was something that really concerned me as an emergency physician. i don't want my patient self-diagnosing. they i want them to come in and be seen by a competent physician and be treated. >> greta: doctor, do you have a

sense that this is the right direction or a good idea for doctors? and also for patients? if you are a patient, whether you like it or not, sooner or later -- or is this health care law, has -- is it too early to tell whether it's good, bad or indifferent? >> i think it's a little early to tell. but the truth of the matter is, whether we need a reform or not, just giving people insurance coverage doesn't guarantee them access to care. and the e.r. is always the safety net that is there picking up the slack. >> greta: if you could, do anything with this health care, what would be your program, if you could define it and set one up? >> we have a lot of things to work on. we have to work on medical liability reform. we have to also address other issues, such as the senthetic drugs that are appearing in greater quantities on the street. we have to make sure that we -- take care of and make certain that we don't have drug

shortages. i don't know if you are aware, but the u.s. has been suffering from critical drug shortages for years and they are more common every day. >> greta: i realize we need reform. are we on the right track with this national health care law? or would you like to scrapit and go to a different model? >> i would say we need to keep the dialogue going keep going forward. i don't think we need to scrapanything. everybody needs to be at the table and work, you know, ahead to further this. but remember, there is going to be different recipes for different parts of the country. >> greta: is this thcurrent law that the president has in effect right now, scrapit and start over and did a different model or what? >> well, i think also, i agree, there are parts of it that may be should be scrapped because it's too complicated. people are not sure what's going to happen. moody's is reporting, you know, rating changes related to what is going to happen if the bill

goes up and down and how it will affect industry. but i think there are basic important things. we need to make sure there are enough primary care doctors that can see pates. if you get insurance coverage, there will be a place you can go. can't prevent people from going to the e.r. because of their final diagnosis, their indigestion, chest pain with indigestion, not a heart attack. but it's a slippery slope and it's a tough tosh tackle with one bill. >> greta: thank you both doctors. straight ahead, the attorney general leading the charge -- they're here. they say the law's unconstitutional and they have 200-plus years of case law behind them. pam bondi and ken cuccinelli are next. and the fate of the health care law is up to nine people, the justices of the supreme court. house republicans are not sitting back special waiting to see what will happen. they are preparing to pounce, no matter what. congresswoman michele bachmann is one of the g.o.p. lawmakers, fired up and promisings repeal.

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>> greta: there are months and even years of battles in the

lower courts before a case lands in the supreme court. florida attorney general pam bondi and virge attorney general ken cuccinelli have been leading the way on this law. >> good evening, greta. >> greta: first to you, pam. tell me, your expectation, no doubt, is that it is going to be reversed. but i am curious, in the event it is not reversed, what plans does florida have? >> well, greta, i mean, it's going to be a disaster. it is going to drive millions of people into subsidized taxpayer federal government regulations and coverage. it is going to be a job killer for millions. but we are hopeful it will be overturned. we are very hopeful. sitting here, thinking about it, greta, the question of obamacare is a microcosm of the upcoming presidential election, if you think about t. do we want to live in a federal government

regulated society or do we want to live in a society of individual libertiy and freedom? that's what it is all about. >> greta: attorney general, cuccinelli, if the supreme court declares the mandate in this very lengthy bill unconstitutional, what happens to the rest of the bill? there are many, many other provisions? >> the least predictable part of this case is the remedy, the remedy was, what do they do if they find the mandate unconstitutional? where kilook at the case law of five longest serving supreme court justices and see what they might do on the mandate question, what they would do on the rem pee is -- remedy was much more up in the air isn't oral argument was helpful. it looked like a number of justices were taking strong positions to clear out the whole bill. justice kennedy had a back and forth with ed needler for the federal government, why needler was saying, you take as little as possible and justice kennedy

said to be respectful of a co-equal bank branch, we need to send it to congress to start over. and needler finally said, i don't accept your premise. so there is a strong possibility -- it's what pam and i are hoping for -- that if they find the mandate unconstitutional, they will rip the whole law out and people like pam and i and a lot of others are watching like hawks to make sure all the pieces come out. >> greta: i don't know how -- pam,il put this to you. if the supreme court strikes the mandate as unconstitutional, i don't know how the supreme court does anything but throw the entire bill out, the entire law out because, as i recall, there is no -- there is no severability clause, which is routinely put into the statute so the court can strike down what the statute will stand. am i right? i think that's a killer to the statute, unless the supreme court can come up with a wild

idea why it's okay not to put it in. >> more than that, there was a severability clause in the original draft and it was removed. so there is no severability clause, you are absolutely correct. you know, what ken said, regardless of what happens, this debate is long from over. either we go back to the drawing board and find a health care system that is legal and eghtsical and -- and ethical and constitutional. or if we don't prevail, it is more important than to have elect conservatives into office right now. >> greta: what is peculiar, general pondi, your case is in the supreme court and being argued and yours, general cuccinelli, yours is in the fourth crkt circuit. >> the fourth circuit rejected ours on jurisdictional grounds, which means they wouldn't get to the merits. virginia has a law, older than the federal law that says, no virge visualn can be ordered to

buy hel insurance against their will -- >> greta: older by a day or two. >> 13 days. but so what? >> greta: not like some long-staning. >> no, no. we were -- there is no question, the legislators were targeting this bill, the prospects for the federal legislation. the virginia law was put in place, what the fourth circuit said is we didn't have the right to defend our law against the unconstitutionality of a federal law. no appellate court, including the supreme court, in the history of this country has ever told a state they didn't have the right to defend their own sovereign laws irvetion you are asking the supreme court to decide in your case? >> yes, we would like to see the florida case -- obviously, the legislation ruled unconstitutional because of the mandate. and then to apply that ruling to the virginia case, which would effectively overrule the fourth circuit. then we tie up everything in a bow, right there. >> greta: general bondi, clear the decks, we are sitting on

pins and needles, all of us, wondering when the decision's going to come down and which way it's going to be. are you on standby? i assume the state can't really -- it's in limbo right now, what to do? >> we all are. ken and i spoke yesterday. of course, you knowings, i think all the states are in limbo, florida and 25 other states. we went up with the best opinion in the country. so we only hope for the best. i know any day now, but you know what? regardless, we need finality and we need to move on. we need a resolution. >> greta: li think we are going to get one very soon, by july 1. , when we don't know. >> that's right. >> greta: thank you, both. coming up, michele bachmann says she will not sit this one out. she will not be quiet about president obama's health care law and she is here to tell you why. she goes "on the record," next. if the law is struck down, does it help or hurt democrats? does it energize barack obama

supporters? or discourage them and rev up the opposition? byron york and sarah palin are coming up this is $100,000. we asked total strangers to watch it for us.

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concrete. and steel. our cloud is the smartest brains combating the latest security threats. it spans oceans, stretches continents. and is scalable as far as the mind can see. our cloud is the cloud other clouds look up to. welcome to the uppernet. i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel. enbrel can help relieve pain, stiffness, and stop joint damage. because enbrel, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis

and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, whilen enbrel, you experice persistent fever, bruising, bleeding, or paleness. [ phil ] get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ doctor ] enbrel, the number one biolog medicine prescribed by rheumatologists. >> greta: congressional republicans vowing to repeal obamacare, no matter what the supreme court decides. so what is their next move? here's congresswoman michele bachmann. >> the night that the bill was passed on the the house floor, i

turned to one of my colleagues and i said, we are to do something. we have to enter a repeal bill. he said, have at it. i called my staff at midnight. we stayed up and wrote the repeal bill and the next morning, i was the first member on the floor. i introduced the full-scale repeal bill because i thought it was imperative that we let the american people know, we are not waving the white flag of surrender on socialized medicine. we will keep fighting and we will. we are not giving up. >> greta: what was the vote on that one? >> it was enough. we got killed. that's when nancy pelosi ran the house of representative, harry reid ran the senate and barack obama was president. so the democrats had their way. they got their bill and the american people hate t. they wantitous get rid of it because they see costs going through the roof. it's the number-1 reason employers are not hiring and it will change us forever in this country, so people wantitous repeal it and deal with the true problems of helt care, which is

cost. this bill only increased the costs of health care. wawe want to do as house republicans is bring down the costs and the good news is that we can. >> greta: your thought, would everyone have health insurance or it would be a different program? >> we need to adopt free-market principles. i put a bill together. number 1, let any american buy any health insurance policy they want, anywhere in the united states -- >> greta: we can't now. >> we can't. you can only buy a health insurance policy in your state, written under your state mandate. >> greta: how come? >> because there is the mckarin ferguson law, that creates monopolies for insurance companies in every single state. we have to knock down the barriers and really think about the consumer and let the consumer buy any insurance policy they want anywhere in america. no minimum federal requirements

and let every american pay for health insurance expenses, whether it is premium, co-parks pharmaceuticals, whatever it is, they should be able to pay for it with their own tax-free money. number 3, we need to have lawsuit abuse reform. if you do those three things, gret ayou will drive down the cost of health scmrns costs dramatically. that's the real problem because president obama promised every household they would save $2500 a year. instead, we have seen the cost spike through the roof. that's why this is so wildly unpopular. >> greta: this 2500 pages and leader nancy pelosi said we have to pass what it is so we can know what it is. i think she meant so people can see it. but shipped to hhs and unelected people created a complex set of rules. >> this is a bill that will never finish being written.

>> greta: that's what the american people don't understand. >> that's why it is so terrible. the 2500 pages is chump change. there has been over 10,000 pages of regulations that are written. and there are 1200 places in the bill that you know -- [overlapping dialogue] >> oh, yeah. i remember the night you brought it in here -- >> greta: that was just the bill. >> that's just a bill. take that sometimes the factor of 10 and that's the beginning of the regulations. it will never end. employers will never know if they are a criminal or not. if they are in compliance, and individuals will never know. it will change us forever. it changings us forever, the people as a counselry, our relationship with government, changes forever because we are not electing a president in the future. we are electing a health care dictator, who with the stroke of a pen or with the waving of his magic wand decides what we get or what we don't. the true story of health care under obamacare is not the

goodies, it's what government's going to take away. that's the future. we all lose. >> greta: i mean, the whole insanity is that not one member of ck read t. i tried to read it -- >> they didn't read it before they voted on it because in the senate, they didn't get it until three hours before they voted on it. >> greta: i tried to read it t. made absolutely no sense -- [overlapping dialogue] >> one thing people didn't know, it contained $105,664 million to implement the bill. members of congress voted for a bill that spent $105 billion and they didn't even know -- >> greta: actually, do i believe that. >> bizarre. >> greta: everybody should be outraged and demand that this get repealed. i don't care what the supreme court does. congress has to repeal this bill. that's the bottom line. >> greta: coming up, you have heard from people who hate the

law. but sheila jackson lee says it's a life raft and she does not want to see it sink. she says the law's constitutional and is helping her constituents. she is n. former governor sarah palin is here. she says president obama is not the only politician who is feeling the heat over health care. she says someone else has his hands full. that's coming up. wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. with scottrader streaming quotes, any way you want.

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>> live from america's news headquarters, two special prosecutors appointed to investigate possible leaks of national security operations. the appointments coming after details of a cyber-sabotage program used to disrupt iran's nuclear program were made public. a u.s. diplomat in yemen, also publicized. the obama administration denies charges by republicans that the leaks were intended to help the president's re-election bid. health officials investigating a deadly outbreak of e. coli,

blamed for at least 14 illnesses and one death in six states. three people were hospitalized and a child in new orleans died. the centers for disease control and prevention says the illness has occurred in april and may. i'm marianne rafferty. now back to "on the record." for your latest headlines, go to foxnews.com. you are watching the most powerful name in news, fox newschannel. >> you have heard from michele bachmann who wants to tear up the health care law and repeal it. but some say, our country desperately need its. why? griff jenkins spoke with one of the strongest supporters, texas congresswoman lee. >> reporter: it is hailed as one of the most significant pieces of legislation in decades. why is it so important? >> the affordable care act came

as a life raft to our and you went and to our state t. gave women access to health care thighlighted preventive care tdid something to our community, adding community health clinics. i was just able to secure through the affordable care act, a $5 million grant for a community health clin nick a neighborhood to allow them to expand their service, expand their patient rooms and doctors, $500,000 to another community health clinic, money that is not wasted, but spent on seniors, young mothers, prenatal care. individuals with pre-existing diseases, diabetes, etret raand have a large component of preventive care. the real issue of affordable care is the umbrella that provides the pathway away from the emergency rooms. it is the umbrella in the rainy day of sickness that takes you

to better health, less cost to the government, to the health care system, because we are producing healthy americans. i can't see anything anyreason to dispute that the affordable care act has answered the unsolvable question, what do you with the emerging, growing, passive health care costs in america? >> reporter: let's talk about the implications of the supreme court ruling. obviously, if they och hold it, you are happy. but if they strike part of it or all of it, what then? >> i am going to think positively. but let me just say that this is going to be a burden,ont democrats, but it's going to be a burd own americans, republican, independents because the affordable care act has a basic premise that is good. and that is that we all share the mutual burden of insuring sick people in this country, but more importantly, the costs. and the question will be whether we will come together and recognize that we will not be

able to improve the economy, create jobs, if we have looming large, a health care system that does not work. i believe the affordable care act is constitutional. >> reporter: in your opinion, can this law survive if the supreme court justices struck the individual mandate, would it do all it needs to do and should do fwe took just that portion out? >> first of all, i hope the supreme court will read the commerce clause very carefully, in which we crafted this legislation around and the mandate is constitutional. but what i would suggest is that there are elements that because of my personal commitment to the affordable care act and the commitment of democrats to the affordable care act, that we would work very hard to shoulder. i believe that we would find a way to shoulder that burden, to maintain this very, very pivotal turn for america on health care. >> reporter: it seeps like regardless of what the supreme court does, we are headed for more congressional gridlock, what does that say about americans that we just want some

decision and then we will -- we will deal with it and move on. >> i want to embrace those americans. i speak their language, they speak mine. i am quoting the great philosopher rodney king -- can we all get along? i believe on the issue of health care twould be tragic, it will be a disaster. if you close or diminish my community health clinics, if you disallow seniors from going in for preventive care and don't close the donut hole of the medicare part "d" that i opposed and seniors have said you are right. if we don't keep the coverage of babies, yet unborn that will come in with pre-existing diseases, such as asthma, respiratory illnesses and others and heretofore, they could not be covered, if you disallow that, who are we as a country? >> greta: straight ahead, former governor sarah palin is next. she said president obama is not the only one who has some explaining to do come november, about health care.

hear from her, next. if the supreme court upholds the length care law, does it help president obam? or hurt him, by energizing the opposition? and what if the law's struck down? birock york reads the political tea leaves. do you see it ? there it is ! there it is ! where ? where ? it's getti away ! where is it ? it's gone. we'll find it.

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>> greta: not just president obama impacted by the great health care debate. we spoke with former alaska governor sarah palin who says that governor romney will be impacted by the raging health care debate too. >> romney will have his hands full with this one because, of course, he has now dubbed the father of obamacare with his romneycare there, mandates that he made sure got through in the state of massachusetts. so he will have his hands full there -- >> greta: is that fair? >> where romney has gone nfairness to him, in his justification for romneycare has been the 10th amendment of the constitution, which explains that states do have rights. and states have a great flexibility, in fact, they have more flexibility than the federal government, when you consider what the enumerated powers are in our constitution, laying out the limits on the federal government. so that's where romney will go. >> greta: then what? if the health care law is struck

down, what happens to president obama and his re-election campaign? does it inspire his supporters? byron york spoke to us. >> trying to figure out what the supreme court's going to do, but probably president obama is concerned, not just for the benefit of the country, but his political survival. if the supreme court strikes down at this time health care ntotal at the end of june, when it issues its decision, what impact on 2012 for the president? >> i think it has a devastating impact for the obama campaign. we know that mitt romney has been pledging to repeal obamacare on day 1 and all of that. what the republican argument will be, if the law is overturned completely is -- in 2009-10, when americans were desperate for the president to pay attention to creating jobs and fixing the economy, he instead spent all of his time creating this giant health care

bill. now it's been proved to be unconstitutional. what a waste. i think that will be a pretty strong argument. >> greta: won't it jazz up his base, though? tell make the base think, now we really need to act and we have to get people out to vote because the republicans are really going to come in and roll over us, we better back up our president and get him re-elected to go to plan "b" on health care? >> it would, i think, fortify some of the base in the sense they would think the president and his administration are under assault. there is no doubt that health care is the president's signature achievement. so thatf that goes down, i think it will certainly, a number of people in the democratic base would be extremely angry. on the other hand, they would remember how incredibly hard it was to pass the thing in the first place he only did it because they had for a short period of time, a 60-seat majority in the senate and a huge majority in the house. those are not likely to come back. >> greta: all right. if the decision is held up in its entirety, health care, what

does that do? that's the flip idea that, will energize the republican base against him, the romney base? >> i think things stay mainly the same. i mean, when mitt romney released his day 1 ad, showing what he would do on day 1, if he were elected president, repealing obamacare is one of those things. he says on day 1, he would issue waivers to the states to ignore obamacare. but what he is saying is that he would be fighting obamacare from the first day. if the law is in place and romney were to take office and january 2013, that's what he would be doing. >> greta: the other interesting aspect, the obama campaign intends to run on health care and use that against governor romney, saying that he had it in massachusetts and now he's going to attack it. it always does -- i mean, some ways, it is going to be a weapon and it would be taken away as a weapon. >> you don't see the president making a huge amount of this. you don't see him bragging about it a lot.

he knows that facing mitt romney, if the law stays in effect, he will face somebody who is vowing to repeal obamacare. and obama will say over and over again, thank, mitt. we used your massachusetts health care plan as our model. so the voters will be forced to decide between obama saying, look, he did the same thing in massachusetts and romney saying, well, we could do that in the state, but i would never suggest it be a national plan. that's a distinction for the voters to sort through. >> greta: coming up, in -- more on the heated battle over the helt care law, stay tuned. whoa. right? get. out. exactly! really?! [ mom ] what? shut the front door. right? woop-woop! franklin delano! [ male announcer ] hey! there's oreo creme under that fudge! oreo fudge cremes. indescribably good.

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>> greta: thank you for being with us tonight for our special on the record showdown, we'll keep you informed as the supreme court makes a big decision and make sure gou to greta wire.com to let us know

what you thought about our special. keep it here on fox news channel, most powerful name in news, good night. here's laura ingraham. have a great weekend. >> the o'reilly factor is on. tonight -- >> we've created 4.3 million jobs, the private sector is doing fine. >> really, mr. president? unemployment is over 8%. and what's your solution? >> congress should pass the bill. >> doesn't the buck stop in the oval office? we'll debate it. >> i'm very sorry about what happened yesterday. >> bill clinton back tracks, now apologizing for contradicting president obama. did the former president cave to political pressure? >> the mormons, mitt romney, they believe black people were the devil till 1978. i'm not making this up! >> and hollywood unleashed. president obama takes their money but are there consequences to cozying up to the