better than shannon. all right. you were at the supreme court today. tell me what the decision means? >> reporter: overall, they are striking down 3 of 4 provisions of sb1070 that inspector play. the majority agrees that the federal law preemps what the state was trying to do. they agreed on the one portion that alus the police, if they have stopped someone for a local or state infraction and have reason to believe that they are in the country illegally, if they have been arrested, you check the status before you let them go. >> all right. reasonable suspicion. what in the world is that? that's a gray area. if someone has an accent? there are a lot of american who is have absents. a lot of people here legally with accents f. people look of a different ethnic background. is that reasonable suspicion? will there be problems with that one? >> reporter: there will be. a number of groups already plan

to sue, whatever happened with the case fanything was left standing, they have lawsuits in the wings. even governor brewer acknowledges that's going to happen. it's a very difficult thing to do. they say that police will be trained and retrained to make sure they don't have racial profiling. but it will be tough to carry out in practice. >> i understand that justice scalia had sharp words. >> reporter: i don't know. have you covered courts for years. vinever seen something like this, which is something that's such a current event wowbd up in the opinion, justice scalia referencing the president and what he said about relaxing immigration policy for people under 30, under certain circumstances and saying that any deportation would be stopped. justice scalia referenced that in the opinion and then added this, in going after the president, pointedly said, are the sovereign states at the mercy of the federal executive's refusal of enforcing the federal

immigration laws? >> the one piece that was upheld was upheld by all 9 justices. and the dhs issued an order saying they would stop the arizona to enforce the immigration code for them. so they stopped it. so what is interesting, suddenly the president said, snapped his finger at the full court. he said, we are not going to abide by this. >> reporter: it is interesting because on that one point, it was anan mus. justice kagan did not take part -- so 8-0. but a unanimous decision t. appears that the administration said we are unhappy with this. what we think is that you are going to get all kinds of calls for people who are stopped for

speeding tickets and dhs will come in here and check if they are legal. so dhs officials have been told, do not respond. have you to telephoneically give assurance, but you don't have to show up and pick up these people, unless they are criminal offenders, people we are really interested in deporting. >> the odd part is that it does seem like the president has reacted very quickly, basically saying, i am president. you are the court -- trying to muscle the court a little bit. >> reporter: they were prepared, it seems. this policy happened very quickly. >> shannon, thank you. you will be busy thursday. the supreme court making a decision hours ago. and already, the fight has been escalated. how bad? governor jan brewer accusing president obama of abandoning arizona. governor brewer joins us. good evening. >> good evening. >> governor, no sooner had you heard the news that there was a

ruling and that you at least had won on one provision and you learned the news that the agreement, what's called a 287g agreement has been cut off. tell me your thoughts? >> well, it was -- i was shocked. i was outraged. i thought, this is politics at its best. here, we had just received a unanimous vote from the highest court in the land, upholding the heart of senate bill 1070. and then 3 hours later, we got notification that they had rescinded our 287g privileges so law enforcement could not use the data system to verify illegal immigration, the status of people that were stopped, if you will, in the process of committing a crime. you know, it's just unbelievable that they would distort the law -- the opinion of the

supreme court. the bottom line is, is that, you know, i guess i shouldn't be surprised. but, you know, from the beginning, they have downplayed the border situation, the arizona faces on a daily basis, in regard to security. they have certainly ignored our pleas for them to do the job. they sued arizona for trying -- for me -- for trying to protect the citizens of arizona. and then, they came out last week and reversed the amnesty position with what i called back-door amnesty, giving illegal ilgrants working temporary working status. and now today to rescind the 287g. i would think that the american people would think... long and deep about what... the federal government is doing and why aren't they abiding by the rule of law? it is just unconscionable.

what they said to arizona is drop dead, arizona. drop dead and go away. we are going to ignore you. >> is arizona the only state that you know of that has had the 287g agreement stopped today? >> yes. it is. we verified that and checked and arizona is the only state that it was rescinded on. >> well, the president must be a little bit concerned about your state because not long after your press conference and not long after the 287g was cut off, the department of justice set up a telephone hotline and intake email for the public to report potential civil rights concerns, related to the sb1070 provision requiring immigration status in certain law enforcement encounters. so apparently the department of justice is worried you are going to do something? >> well, it's like they're baiting people to participate in this. i have all the confidence in the

world in our law enforcement. and they will be held accountable. there will be no racial discrimination. no one's civil rights will be abused. and for the federal government and the department of justice to go out in this manner and to encourage i would say bait people to call up and report people that it's just unbelievable. is this not america? is this not the united states? do i not as governor have the right to protect the people of arizona? it's just incomprehensible to think... this has all taken place today t. particulars me off. i think it should tick the people of america off. >> when it says "reasonable suspicion someone is here illegally," what would be a reasonable suspicion? police officer stops somebody

and what would be a reasonable suspicion that the person might not be here legally to ask, are you here illegally? >> well, you know, law enforcement is trained in that. they have done this all the years that you have been alive and i have been alive. they are trained to be aware of what suspicion is. they have already committed a crime when they are stopped. if there is reasonable suspicion, i would think, if they didn't have a driver's license, if they were speeding, that would be reasonable suspicion, so you would do a check, you would run a check on the data system to see if they were here or not. same thing if -- if they couldn't give you identification where they were living. i would think that would probably be reasonable suspicion. if they ran away, that would be reasonable suspicion. you know? a law enforcement have rules. they understand that racial profiling will not be tolerated by this governor or the people

of the united states. it's against the law. they are trained. >> do you intend to appeal the 287g -- the fact that it has been cancelled as it relates to arizona? >> you know, i don't know if i can appeal it. it is actually the federal government. it is their program. and it's almost become apparent that they can do whatever they darn well want. they don't want to enforce their laws. they won't let us help them enforce their laws. the bottom line is what we need is a new administration, somebody that will take the responsibility, uphold the rule of law and secure our borders so we can deal with all the issues pertaining to illegal immigration. we have that opportunity in november. >> do you have one quick last message for president obama? i know hua rather terse conversation with him on the tarmac and waved your finger at him. do you have a short message for him tonight? >> i would probably say to him,

mr. president, arizona is a part of the united states of america. you cannot ignore us because arizona represents probably the most-- the majority of the people of america. we want the rule of law enforced. and it is your job to do it. >> governor, thank you. we will be watching to see what the next stage is. thank you, governor. >> thank you. >> now to the electrifying response to the immigration ruling from both sides. today, protesters making their voices heard outside the supreme court. griff jenkins was right there. >> reporter: greta, we didn't get the health care ruling. but when arizona's split decision came down, we were on the ground with our cameras. >> i'm out here to say thank you governor brewer for having the guts and russell pierce for having the guts to tack thel problem. >> it's a split decision, one of the most oener -- oneerous part

resmains, what people look like, i think that will be bothersome, to say the least, politically. >> the ability to make determinations like those made under the arizona immigration law are themselves an essential component of a state sovereignty. it's difficult to mmg how the founding generation could have understood the constitution. >> this is not about coming here to work. this is about keeping america secure. >> it's a method of discrimination. i'm latino, i live in arizona, i could be stopped and detained. my family is hispanic. they are citizens in california. they will not travel through arizona because of fear that they will get stopped and detained. even though they are holding

legitimate legal citizenship. >> the part that they upheld, i think it was about time. it's really -- [inaudible] it's critical that police officers are able to check immigration status. >> i believe all the sections, vialways believed 1070 was unconstitutional to begin w. leaving that section in, i think is problematic for arizona. >> i think it's a step in the right direction. >> being able to ask for identification has still been left in. that is really the primary thing that the police department needs. i live on the border. i can tell you that -- we have a major problem there. they're coming in from all over. it's an easy way to get in. it's a very easy way to get in. we don't know who these people are. we don't know what their intentions are. >> senator john mccain is not happy. who does he blame for making it tough to secure arizona's borders? senator john mccain goes on the record. and former secretary of state condoleezza rice is here. what does she think about

illegal imimmigration? she will tell you about her regrets. don't miss former secretary of state, condoleezza rice. ♪ technology that connects us to everhing the world has to offer and vice versa. ♪ technology that makes lightweight stronger, safer, and faster than ever before. ♪ technology that makes electric electrifying and efficiency exhilarating. ♪ technology that doesn't just drive us, but drives progress. ♪ and driving progress is what we do every day. ♪

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welcome to the uppernet. verizon.

>> tonight just what you expected, everyone, and i mean everyone claiming victory, republicans, democrats, even president obama and governor

brewer. the supreme court wasn't unanimous either, at least not to some things. president obama is quick to comment saying in part what this decision makes unmistakenly clear is that congress must act on comprehensive immigration reform. a patchwork of state laws is not a solution to our broken immigration system, it's part of the problem. and on the other side. the political fire, senator john mccain saying today's ruling appears to validate a key component of arizona's immigration law. we spoke with senator mccain a short time ago. senator, nice to see you, sir. >> thank you, greta. >> a big decision out of the united states supreme court today and you might imagine gov. jan brewer wasn't happy. she said the people of arizona has fought them in every turn and the threat it poses to our citizens. do you agree? >> i agree with it. the point is, too, the irony here is that the reason why arizona enacted sb1070 is

because of our immense frustration over the federal government's either unable or unwilling to secure or borders. as everyone agrees, it was the most porous part of our u.s.-mexico border. and it's for reasons we won't go into. so we were frustrated, passed the law. now the supreme court says that we can't enforce our borders, and at the same time obviously the federal government wasn't. now there have been some many provements in border security. but i can tell you right now, arizona is still the place where coyotes bring people across. arizona is still the main place where drugs come across our border. there are guides on mountain tops in arizona guiding these drug cartels up to phoenix where drugs are then distributed throughout the country. our wildlife refugees -- sorry. our wildlife refuges are being destroyed. we have concede evidence that some of the fires have been started by illegal immigrants

who were crossing our border. the damage to our desert has been horrendous and, of course, a lot of people have died in the desert because they they have bn deserted by the coyotes or they got lost or something. none of those seem to be bothering this administration, and for them to not help us secure or borders, in my view, is worse than ironic. >> in july of 2010 president obama gave a speech and, in fact, he quoted -- he mentioned you, rather. he talked about how in 2007 there was a bipartisan effort to pass a comprehensive immigration reform, and in his speech he talks about bay basically wanting to do something about immigration. what happened since then, and what happened to the 2007 deal? in 2010 it was opposed -- in 2007 it was oppose bid people on the right and on the left. it was the toughest legislative effort i have ever been involved

in. we had an agreement, ted kennedy and i did, that we would vote against amendments that would cripple the bill, even if it was something we didn't believe in but would have a crippling effect. then senator obama attached himself to us. >> you mean. >> although he didn't show up a little bit. >> where? >> we would have meetings every morning right off the floor of the senate where we would discuss what was happening during the day. most the time he didn't show up. maybe he had other things to do. but the fact is that he proposed an amendment on the agriculture jobs bill which, as you know, is opposed by organized labor, that would have sunsetted it. in other words, ended the enforcement or the implementation of that, while the rest of the legislation would have gone through. that was one of the goals of the farmer's union -- i mean of the labor unions. so under the agreement he shouldn't even not have even proposed the amendment but he should have opposed it.

ted kennedy was very upset with barack obama, and so was i, and so, by the way, was senator lindsay graham who went to the floor and spoke very strongly about this kind of action because if that amendment had passed, it would have destroyed -- >> naming then senator obama specifically in killing it in 2010. >> one of several. but he was the only one that i can recall who joined our group and then turned around and proposed an amendment that if it had pass it had would have destroyed obviously the bill. >> and, of course, the vote was ultimately 49-48 so it made a difference who was on board and who was not? >> well, i think he may have been on board on the final vote, but the amendment that he supported and was proposing would have destroyed the whole agreement. >> all right. >> if it had passed. >> all right. and so now has there been any effort by anybody to do a comprehensive immigration reform, by republicans, democrats or the president since

-- >> when the president was running in 2008, then senator obama promised to bring up comprehensive immigration reform. not the dream act, comprehensive immigration reform as his number one priority as president. for two years, for two years the president had 60 votes in the senate and overwhelming majorities in the house. no legislative proposal came from the president of the united states on comprehensive immigration reform. so you can determine what the president's priorities were then. >> why does he -- or do you think that he has some particular dislike of arizona or is it he likes a good fight or truly believes in this or he thinks he has a better plan or arizona is dead wrong? what's your thought? >> my thought is that in order for the president of the united states to be re-elected he has to have very solid support amongst the hispanic community. >> so is it totally political? >> i cannot believe that

political calculations are not a major part of this, otherwise he would have proposed comprehensive immigration reform back in 2009 when he was first president of the united states. and i want to emphasize again, arizona citizens were fed up and angry because in the southern part of my state there was a rancher who was shot and killed. there were people who didn't feel safe in their own homes in the southern part of my state in the tucson area. so of course the people of arizona were frustrated, and that's one of the reasons why this bill was passed because the federal government had not done its job, and now the federal government, irony of ironies is going to do less of its job. >> coming up, more with senator john mccain. are you ready for the next big case? everyone else is. the drama is building. we are in the final count down to the landmark ruling on the national healthcare law, and it could go either way. we and senator john mccain about the potential fallout next.

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>> more with senator john mccain. today the supreme court issued it's decision leaving one provision standing. and governor brewer said that she thought it was a victory. then while she was speaking, a short time the 287g agreements, which is a partnership between

ice and arizona struck down. governor brewer is not happy with that but she saw that as a way of to sort of mass -- emasculate anything by arizona. and now they have set up a hot line for the public to report potential civil rights concerns related to the implementation of arizona sb1070. so now there's a hot line. >> can't make it up. and the fact is today there are drugs coming across the arizona-mexico boarder and guides are on mountain tops in arizona guiding the drug dealers all the way up to phoenix where discussion are distributed throughout the country. there are people who are being brought up by coyotes and some of them are kept in drop houses where they are mistreated in the most terrible fashion and held for ransom. there are some people who are being brought across our border who are being deserted by the coyotes and dying in the desert. now all of this argues, in my view, for increased border

security rather than decreased. and how do you best do that? obviously it's through agreements with local authorities. we just negated those. >> is there anything at all to prevent our representatives. the house and the senate and the president of the united states to is the down and trial instead of going out and everybody come page because everybody spreads out, we have five or six months, is there anything to prevent? because everyone agrees, the supreme court grease it's a problem, arizona grease it's a problem, the president grease it's a problem. he gave a speech about it. what's to stop anybody from doing to right now? >> nothing that i know of. i am sure that harry reid will bring up the dream act, their dream act, which by the way, calls for two years of military service on the part of the dream act children. when we sign up people for four, not two. that's just one small item. and they will try to use it obviously for political advantage. i think we should sit down and talk to him, and we would be glad to talk to him about this issue.

but there has to be agriculture workers programs, there has to be high-tech workers. we need to keep a lot of the high-tech workers in and students who graduate. there needs to be e-verify. in other words, a documentation that shows, it verifies that you are a citizen or here legally. that, by the way, was a recommendation of the 9/11 commission and better border enforcement. >> let me go ahead to another topic. thursday we expect the big day on healthcare. the three choices, it will be upheld or reversed in park, the mandate struck down or reversed totally. care to comment on that? >> i can't predict what they are going to do. but if it's one of the last two, ear the mandate or complete repeal, we republicans will be ready with proposals ranging from small things like being able to go across state lines to

get the insurance policy that you want, to medical malpractice reform, to things like that, to preserving a couple of the provisions which are minor, but they made a big deal out of. if you want to keep your child that's up to age 26 on your healthcare plan, it's fine with me. it has very little impact financially because most people 26 and younger are in good health. so we would be glad to keep some of those. but overall it is a fundamental repudiation of this president, who has acted in an unconstitutional fashion. not the first time, in my view. but this will authenticate that. >> there is the impact of the healthcare, there is the cost of the healthcare. the implementation of the healthcare and there's also the sort of political part of it. how do you think for governor romney or for president obama, this healthcare decision, whichever way it goes, plays out in november? >> if the supreme court upholds

it then i think it's a victory for the president. he believed it was constitutional and he acted in a constitutional fashion. but if parts of it are struck down, particularly the fundamentals of it, i think it has to be viewed by the american people as the president doesn't understand what his constitutional parameters are that he can operate under as president of the united states. by the way, most americans i think, according to polls, will heave a sigh of relief because most americans oppose the legislation. >> has he done what you thought he would do as president? just going back to 2008. >> i never thought he would do things like he did today. i never thought he would, you know, a lot of my area of about is national security. for a while he was leading from behind and now he's not leading at all. the perception around the world is that he is week and american is withdrawing. look at the latest, the optics of the meeting between him and

putin. remember the centerpiece of the obama national security policy was the reset button with russia. he has encouraged our enemies and discouraged our friends. >> senator, nice to see you, sir. >> thanks for having me. >> up next former secretary of state condeleezza rice. what is one of her biggest regrets about her time in office? you may be surprised. secretary rice is here to tell you. and in two minutes it may be one of the most bizarre lawsuits ever filed. ever filed. why would she ♪ what started as a whisper every day, millions of people choose to do the right thing.

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let's shoot for the stars. let's invest in our teachers and inspire our students. let's solve this. >> from america's news headquarters, i'm ainsley earhardt. the national weather center pricking more torrential rain for parts of florida, already drenched by der tropical storm

debby. the panhandle and other areas could get more than 2 feet of rain over the next couple of days. widespread flooding is a major concern. debby is expected to slowly move northeast over the next few days. jerry sandusky insists he is want guilty of sexually abusing children. that's the word from his lawyer who, visited the former penn state assistant coach in jail on sunday. a psychological evaluation will be done. his sentencing is expected in three more months. he is being held under a suicide watch. but he says, he does not want to kill himself. i'm ainsley earhardt. now back to "on the record" with gret a. for all of your headlines, log on to our web site. have a great morning. unpunished. now back to greta. it's a new era in egypt. for the first time in modern history the egyptians freely elect a president. but it's not without controversy. the new president is from the

muslim brotherhood group. we ask condeleezza rice about this. >> nice to see you. >> nice to see you, greta. >> nice to have you back in washington. >> thank you. >> big news to egypt. is this good news for us, bad news or something in between? >> well, it's news still to be determined, i would say. first of all, the candidate was apparently elected in a way that was free and fair. that's good news. secondly, the muslim brotherhood, from which he comes, is now going to have to demonstrate that they can actually govern egypt. this is a country with immense problems and an economy that's ground to a halt. tourism that's nonexistent. is it #* and anyone who takes the presidency of egypt has to remember that the people that were there were there because they had no hope, they had no future, they need jobs, and if this president doesn't deliver, then he, too, is going to face the rathe of the egyptian people. so perhaps, perhaps governing will have some disciplining

effect on people like morsi. >> will that give him more of a motive to be more involved financially? because to the extent he can rescue his country, his economy, and there's a big controversy will america using money to buy friends but it would make him more beholden and us in a better position to sort of help with the transition? >> we need a stableel and democratic egypt and we need to start with that as in our interest. then we need to do everything that we can to make certain that we are participants in that stable and democratic egypt. we have very good relationships with the military. we ought to keep them and keep them strong. we have good relationships with members of the business community and we have to keep them strong. but now we have to establish relationships with this government. we have to make clear that if they intend to continue to receive american assistance, that there are certain things

that we expect. no american president can support an egypt that calls into question the historic treaty between israel and egypt. and no american president can support an egypt that doesn't fully recognize women's rights or the rights of religious minorities. so we need to make it very clear that, yes, we want to support the democratic transition, but the united states has some views about how this has to unfold and we are going to act on those views. >> you mentioned our good relationship with egypt's military. does in a mean we would have preferred the military candidate? >> i actually think that it might have been more destabilizing had the military candidate or a mubarak-era candidate one. then you would have allowed those in the streets and allowed the muslim brotherhood say this was all fixed from the beginning to sit at the side liens and to cause trouble and to criticize but not to have the responsibility of actually governing.

we will see how this plays out. but i, for one, think that this might have ban better outcome than had there been a mubarak-era win and then the possibility of saying, well, we told you so. this was never going to be free and fair and now we, the muslim brotherhood and others have no responsibility moving forward. >> president elect morsi said he plans to keep intact the historic treaty from 1979 with israel. we think the israelis can take a deep breath or do you think it's a wait and see and this is the early days of a new presidency? >> these are certainly the very early days after new presidency. >> should they be nervous? >> everyone has to be a bit nervous because this is a new day, and it's a new set of conditions and egypt, which has been the center of stability at least for israel in the middle east. but i, for one, believe that when we pursued the freedom agenda under the bush administration it was on the belief that ultimately a democratic government that is

beholden to its people, that is accountable to its people is going to be in the long run more stable for the egyptian people and for the region. so while everyone is going to hold their breath and this is going to be turbulent and there will probably be a lot of starts, i do think it's a time to acknowledge that the egyptian people have spoken, to acknowledge that they have a president who was democratly elected and how to help to create conditions in which a multi-eth neck, and multi-religious egypt can move forward. >> a big decision today from the supreme court on the arizona statute and everyone thinks of illegal immigration as a domestic issue, whether you build a fence or don't, what we do with the people in this country. but it's also foreign policy, is it not? >> it's foreign policy because obviously other countries want to know that we have consistent laws on the books about who is in and who is out, particularly it's important to mexico.

but really, greta, i think it's more important because it's the essence of who we are. we are a country of immigrants. we are, in fact, saved from the sclerotic demographics of japan and europe because we are a country of immigrants. we have always been able to attract the most ambitious, risk taking people here, and that's what has kept us young and innovative. this goes to the core of who we are and i long said one of my real gets about our time in office in the bush administration is that we we shall able to get the comprehensive immigration reform bill passed in 2007 that john mccain, john tile, ted kennedy, george bush were all behind. so finding a way to have sensible immigration laws that in fact uphold our laws, that do defend our borders, but also speak to the narrative and the aspirations of immigrants to this country, that's a very important core issue for us and it needs to be resolve. it needs to be resolved by the president working with the

congress, however, because this is too important for one branch of government to died it on its own. >> how do we get that to happen? you talked about in 2007 there was a bipartisan approach to it, and yet there's also resistance to it. and if it's such an important issue domestically, whether it's on the economy or foreign policy, how do we get to the point where there is, you know, a full speed ahead to get a comprehensive solution to this? >> well, we obviously need our leaders in washington to take it up again. i have never expected that it would be taken up as a matter in the election campaign because frankly that's not the time i think to take it up. it then takes on a color rags of politics that i think is kind of unfortunate. we have done it before. we had landmark civil rights legislation in '64 and '65 that many people didn't think had a chance. we had welfare reform in 1994 that was bipartisan, worked it out together. that's what we've got to do for immigration. >> but what is it that is going

to finally get -- i mean, president obama is the leader now so it's on his watch. he gave a speech to the american university about two years ago talking about it. and we still, we are no farther ahead than we were in 2007 on this. in fact, we are at each other's throats about it. >> perhaps now that this has gone to the court, to the supreme court, and now that the frustration of the states, which is understandable, the frustration of the states that the federal government has not dealt with this problem, essentially i see what the supreme court said today and i've not had a chance to read all the ruling, but what the supreme court has said is this is really a federal responsibility. we've got to have consistent immigration laws. the states, of course, are taking this into their own hands i think because the federal government has not really responded. so perhaps now with this ruling from the courts, perhaps once the politics is behind us of this very political year, cooler heads will prevail because we are also seeing that there are

real economic issues at stake with immigration. i live in a part of the world, the silicon valley, where i trained at stanford university, help to strain engineers and software people and in the most important areas of technology, and then they have to go home. some of asking is that really smart if they want to stay here? so there are immigration issues that have to be dealt with and i'm hopeful that now that the supreme court has spoken we can get back to this next year. >> straight ahead, why are these people dangling from a building? and who are these people? here's a hint. you know them. with athlete's foot, i just wanted to hide myeet. now? not so much. i got lotrimin ultra. it penetrates to soothe symptoms while it cures athlete's foot at its core. prescription strength lotrimin ultra. put your best foot forward.

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>> now, why did thy do that? it was part of a fund-raiser for the special olympics. griff and shannon raised more than $7,000 for a very good cas. there you have it, the best of the rest. coming up, how could the fast & furious scandal have been preventd? jay leno has an idea. you will hear it next. dad, i think he's dead. probably just playin' possum.

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you won't just find us online, you'll also find us in person, with dedicated support teams at over 500 branches nationwide. so when you call or visit, you can ask for a name you know. because personal service starts with a real person. [ rodger ] at scottrade, seven dollar trades are just the start. our support teams are nearby, ready to help. it's no wonder so many investors are saying... [ all ] i'm with scottrade. >> greta: 11:00 is almost here flash studio lights it's time for last call. there is a scandal exploited. here is jay leno. >> the chicago police are sponsoring a gun buy back program, anyone turning in a gun, no question asked gets a

$100 gift certificate in return. which attorney general holder said why didn't i think of that? >> that is your last call. lights are blinking and we're closing down shop. thank you for being with us tonight. happy birthday to our stage manager who has the night off to celebrate his birthday. we think it's his 100th, maybe not 100, but close. we have another segment with former secretary of state condoleezza rice. so go to greta wire.com right now because there is an open thread. we want to know what you thought about the show and the decision today and big one on thursday, good night from washington, d.c.. we'll see you on greta wire. actr >> kimberly: hello, i'm kimberly guilfoyle with bob beckel, eric bolling, dana perino and governor huckabee -- i mean greg gutfeld.

it's 5:00 in new york city. this is "the five." ♪ ♪ >> kimberly: the supreme court today ruled unanimously to uphold the most significant part of arizona's strict immigration law. to "check your papers" provision that requires the state and local police to check the immigration status of people they might suspect might be in the country illegally. the ruling delivered by justice anthony kennedy said the provision does not appear to violate the constitution. and goes back to the 9th circuit court of appeals for further review. the court definitively struck down three other parts of the law that would have made it a state crime for illegal immigrants not to carry documents or seek work. in a split vote 5-3, saying it intruded on the federal government authority. reaction to the ruling has been mixed on both sides. president obama in a statement said, "i am pleased that the