i will lose my medical coverage, and for me i feel like it's a death sentence. bill: and for stockton, that town might just be the beginning. stuart varney, host of "varney & company." stuart, good morning to you. why has this city failed? >> the issue which has pushed stockton over the edge. in fact, all across the country cities and states have made promises to their retirees which cannot be kept. the money simply isn't there. in the case of stockton, they've got $800 million, that's the shortfall in their pension fund. they have not reformed their pensions. for example, firefighters in the city of stockton can retire at the age of 50, and their average pension and benefit payment is $157,000 per year. they've made huge cuts to all social services, not enough. they've run out of money, and pensions are the issue.

bill: and i'm looking at unemployment in stockton, 15.4%. even for california, that's huge. break it down a bit further. you mentioned the firefighters. what's bringing this town down? >> the initial issue is pensions, but they've got a history here. they were big, big spenders over the last 10 or 15 years, $68 million on an arena to bring a minor league ice hockey team into the city. they spent $120 million on a waterfront development, $35 million on a city hall which has now been repossessed. they spent big, they had a huge real estate bust, and now they're faced with a pension crisis, and they can't pay. bill: they just, that's just poor management up and down. the housing market is dreadful there too. and the result of that is less and less revenue into the city, is it not? >> that's correct. they suffered dreadfully with the housing bust. they were almost top of the list in the number of foreclosures anywhere in the country. and as you say, bill, that brings in less money to stockton's treasury.

bill: what is the message, do you think, that goes to other cities that could be on the brink or perhaps will be at some point in the coming years? >> it's a brutal message. this is going to be harsh, but if you are receiving a pension from a state or a city that is in financial trouble anywhere in america, watch out because maybe those promises of future payments cannot be kept. bill: stuart, thank you. see you at 9:15 on fbn. heather has more. heather: and stockton is not the only california city in crisis. while the state has the largest economy in the u.s., it also has the most debt. its deficit has ballooned to almost 70%. that's since january of this year. 20% of the cities in california could be teetering on the edge of bankruptcy by the end of the year. bill: next hour we look at how many other stocktons might be out there. american cities on the brink partly because they cannot afford to pay pensions and so much more. that's coming up with charles payne.

heather: fox extreme weather alert, debby is on her way out. the flooding left behind nothing short of devastation. the storm, now a prop call depression, but -- tropical depression, but homes are damaged, roads washed out and dangerous sink holes left behind. some towns literally underwater. >> i stepped out that door, and that water came up to my knees. >> water coming down, and it's looking pretty bad right now. >> it's bad. you're looking looking at it, m. i can't believe this, and i'm scared. heather: check this out. steve harrigan live from one of the hardest-hit areas in florida and waist deep, actually a little bit higher in the water there. hi, steve. >> reporter: heather, some sad scenes here in this northern florida town of about 8,000. off to my right is a printing store that's about 3 feet underwater. this is all due to the 11 inches

of rain that tropical depression debby dumped on this area. the real problem here as for many towns in southern florida is the flooding. here some flooding from the suwanee river. people trying to salvage what they can from their equipment rental store. real tough scenes, and one of the toastest thing -- toughest things for people to do is try to get around the area. i can actually see some small fish. i haven't seen any snakes, but it's cut off different sections of the town, made rescue extremely difficult as well. we've talked to some police rescuers early this morning. they've been going out, trying to do what they can, but they often have these smaller patrol cars which have been no use at all. about 50 rescues carried out here over the past 24 hours, some of them decidedly low-tech rescues, often with canoes. but no fatalities here, and it's

really a watch and wait. there's scheduled to be perhaps as much as 4 more inches of rain in the next few days making things extremely difficult for people who are already suffering pretty badly. a lot of people without flood insurance, so some tough scenes from this tropical storm that dumped heavy rain in florida. back to you. heather: how close are you there to the suwanee river, and is that a flood zone? have they see this flooding there before? >> when you talk to people if they've seen anything like this before, they've told us they haven't seen it since a hurricane in 1964, so some really shocking scenes to people. the further i go out down ohio avenue here which was once a pretty busy, you know, site of commerce, there's actually cars underwater. if i could go out there further. we'll try and do that with a canoe later in the day. so that suwanee river, as you mentioned, is over its flood

bank by several feet. heather: thank you very much, steve, we appreciate your coverage. if you have any pictures, send them to us. u report at foxnews.com, give us your name and a brief description. remember, though, stay safe. bill: that storm was moving about 3 miles an hour for a long, long time, and anytime you get that slow speed, you're going to get the result you saw. heather: then you have the river rising really quickly. bill: 20, 25 inches of rain. they do not need that. the dust is settling now from several key primary battles last night including a 42-year veteran of congress. new york democrat charlie rangel survives. when he was elected to congress, richard nixon was in the white house. he had a tough primary battle this year after being censured for ethics violations. you might remember this picture, but he still won the support of constituents here in new york.

>> not the first time that my community has rallied behind me when some of the most severe charges have been made against me in the past, i'm just glad that my community has confidence in me doing it. bill: so rangel survives for now. not everyone so lucky. one five-term incumbent lost his seat in a faceoff with a tea party favorite. steve centanni's got a recap today. who was the incumbent, steve? >> republican congressman john sullivan of oklahoma falling to a tea party candidate. sullivan becomes the fourth incumbent congressman to lose in primaries this year. sullivan seemed to be caught off guard by how close this race was because he'd won his five

previous elections with increasingly larger percentages of the vote each time. now, the challenger and the winner in this race is the former director of the tulsa space knew museum. he had labeled sullivan as a career politician and criticized his vote to rescue financial firms. this district's been in gop control since 1986, so brightenstein very likely headed for a seat in congress. bill: was that a surprise? >> reporter: yeah. they had hard-fought races. charlie rangel, of course, had been censured for ethics violations, so he was vulnerable. but in the end he was victorious over four different challengers in his harlem district that's now largely hispanic. >> i can tell everybody who doesn't know this district or the bronx, when i'm walking the streets of the bronx, i feel my district in the blood and the

minds and the ambitions and the things that people want for their children. >> reporter: and utah senator orrin hatch won an easy victory over a former state senator. hatch has said this will be his last term. he's promised to go to work on the debt problem as well as tackling social security and medicare. bill? bill: steve centanni with a recap. thank you, sir. heather: to another democrat apparently abandoning ship, missouri senator claire mccaskill now joining the list of democrats who will not attend the party's national convention in charlotte this september. critics say she's turning her back on the party and the president. a mccaskill aide, though, reportedly says the congresswoman has historically skipped conventions because she thinks it's important to stay in her state to talk with voters. coming up, we will ask former new york governor george pataki to weigh in on her decision. bill watch that list too.

jam-packed show, right? 24 hours away from a historic day at the u.s. supreme court and the country, for that matter. what could be a very interesting day for the president, too, the high court set to rule on the health care law, and that was not enough, the vote set to possibly hold eric holder in contempt will happen as well. what all that means in the race for the white house. heather: and what this means for college football fans. a major shakeup in college football, why there will soon be a new way to crown the national champion. what's behind the move? bill: money, money, money. and a massive wildfire threatening one of our national top military academies as more than 30,000 people are ordered to get out. look at that picture. >> can't even hardly see up there as well. i'm trying to get back out out of the smoke. >> my dad called me and said there's flames a block away from your house rightor now. call imperial structured settlements. the experts at imperial can convert

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pump? gas prices continuing to slide, getting even cheaper today. the average price for a gallon of regular now at $3.38. the price dropping to a five month low. this just in time for the fourth of july holiday. analysts are expecting further declines. bill: two major events hitting washington tomorrow, and it could be a tough day for the white house. we will find out together on that. first, the supreme court rules on the constitutionality of president obama's signature health care law. what will the supremes do? and the house moving ahead with a vote to hold attorney general eric holder in contempt. republicans say all they need to stop that process is those missing documents on fast and furious. >> i'll make it very clear for the white house. i'll make it very clear for them. the subpoena was valid and legitimate. comply with all of it, quit asking us to negotiate in the dark or buy a used car over the telephone. we're not going to do it. the vote's coming on thursday.

comply with the subpoena, or you'll be on the wrong side of history. bill: the wrong side of history. that with greta last night. stephen hayes, fox news contributor, how you doing, steve? good morning to you. >> morning, bill. bill: a couple things i want to go through here quickly. do you see a last minute deal between holder and these republicans in the house? >> you know, i think that's unlikely. i think if we would have seen that, we would have seen holder having within more a-- been more agreeable to some kind of deal before invoking executive privilege. i think we've gone beyond that. bill: how many democrats vote with republicans? do you have a guess on that? >> very few. i expect this to be almost a strictly party line vote. it's possible one or two democrats, i be i think it's -- but i think it's likely to be a party line. bill: okay, so you have this executive privilege hanging out there. what happens after the contempt vote? do they compete? >> yeah, this is the question. procedurally, it goes to the

courts, of course. but the question is how much do republicans want to really force the challenge on the executive privilege indication. do they want to really press that argument? do they want to follow through on the arguments that we've seen them making to this point and arguing that, in fact, it's not appropriate for the white house to invoke executive privilege because these are sort of tertiary-level discussions between justice department officials. bill: okay. now you have, now you've got the supreme court deal. which will happen in about 24 hours, give or take, you know, 60 minutes on either side of this. >> yeah. bill: how do you think mitt romney gets ready to react to this ruling? >> i think this will be one of the most fascinating things to watch. in a sense, the supreme court decision is going to be what the supreme court decision is, and people have speculated about what it means for president obama and what it means for obamacare as policy. one of the real questions is how does mitt romney handle this,

and i think that's sort of central to the way that the election's likely to play out for the next four months. if the law is upheld, i would expect you'd see team romney decide to hit and use obamacare as a center point for their argument against the president. this is a law that has, depending on the poll you believe, somewhere between 25-36% of the electorate supporting it. and i would expect that you'd see team romney argue that the problem with obamacare is obamacare. it's the law itself. what they've been arguing to this point is that obamacare was a distraction from the economy, and i think if the law were to go down, they would continue to make that argument. they would say, look, this was -- the president should have been focused on the economy. instead, he focused on passing health care reform. and those are the two ways i would expect them to make their arguments. bill: but you argue philosophically on this, though, too. you think republicans should use this as an example of liberal policies more than anything else.

explain that. >> yeah. i mean, what's been striking to me is think about the debate we've had about president obama, the arguments we have heard from team romney over the past several months since the end of the primary. you haven't heard as much as i would have expected of romney calling president obama a big government liberal. it's been much more about his management of the government. he's choosing the wrong priorities, he's emphasizing the wrong thing, he hasn't been an effective manager. i would expect, you know, if you get obamacare upheld, you would have team romney shift that argument somewhat to make an argument that this is a massive intrusion into the private be sector, and you'd have him making a more ideological indictment of the president rather than just relying on sort of a managerial-level criticism. bill: it is quite likely the supreme court is going to settle this, but in all likelihood, it may not. stephen hayes. and to our viewers coming up

tomorrow, special coverage of the supreme court's ruling on health care on a special edition of "america's newsroom." we'll start at 9:00 a.m. eastern time. you can watch all the details and drama unfold right here live with us on thursday morning. do not miss that. heather: and a little later our political panel will debate the outcome and its effect on the election. new fallout in the battle on immigration. the white house has declared war on its state, and governor jan brewer agrees. >> yeah. i think that it's very clear that, you know, the heart of senate bill 1070 was upheld by the highest court in the nation, and then to see what the federal administration did three hours later was a little bit disturbing, and it was disgraceful. heather: coming up, how republicans are fighting back. bill: also that bowl championship series gets a major

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>> take someone to the airport, clearly the beginning of a relationship. that's why i have never taken anyone to the airport at the beginning of a relationship. >> why? >> i don't want anyone to say to me, how come you never take me to the airport anymore? >> his new wife. >> tell me, what was so special about your wife?

>> well, dr. marsha fieldstein, it was like magic. heather: you may not know it, but writer and filmmaker nora every front was responsible for -- every on was responsible for those classic moments. she has passed away at the age of 71 years old. the reaction pouring in. billy crystal saying this, saying, quote: i'm very sad the learn of nora's passing. she was a brilliant writer and humorist. being her harry to sally will always hold a special place in my heart. a look at ephron's life and work. >> reporter: it's most likely when you watch some of the work she had on the big screen that one of those movies was your all-time favorites. a journalist, an essayist, a novelist, a playwright, she did

it all. certainly leaving a permanent footstep on hollywood today. a woman who exceeded all expectations in an era of hollywood dominated by men with a sense of wit and humor that made her a huge success. among her hit movies, julie and julia, sleepless in saddle and when -- seattle and when harry met sally. crystal released this statement: >> nora ephron was born here in manhattan, the oldest of four sisters who became hollywood screen writers. when nora was 4, her parents moved to beverly hills. her last movie in 2009 was julie

and julia with meryl streep. >> julia child was just an american live anything france. >> shouldn't i find something to do? >> what is it that you really like to do? >> eat. >> and you're so good at it. look at you. >> reporter: streep says nora just looked at every situation and cocked her head and thought how can i make this more fun? in a commencement address in 1996 at wellesley college, she recalled that women of her generation weren't expected to do much of anything, but she wound up having several careers simultaneously, all of them successful. ephron died at new york presbyterian hospital. she was 71 years old. heather? heather: she will be missed. thank you very much, julie banderas, reporting live for us. bill: go to foxnews.com, and we posted a number of her films that are -- heather: what's your favorite one?

bill: well, of the list here you have when harry met sally, sleepless in seattle, you've got mail, but i think when harry met sally is probably some of the funniest lines i've ever heard in my life. heather: yeah, lots of funny lines. sleepless in seattle. bill: that was back when aol was huge. heather: yes. bill: bombshell accusations from arizona lawmakers that the obama administration has it in for their state. listen. >> greta, it's unimaginable that janet napolitano didn't drive this train, and it's almost unimaginable that she did not consult with the white house in both the political ramifications because, remember, this white house right now seems to be all about electoral politics. it's all about winning re-election. so it's hard to believe that this whole cascade of events has nothing to do with the president's re-election. of course it does. bill: and that is an arizona congressman. in moments, republican paul

brown from the house homeland security committee is here live. what could be in store for arizona? heather: plus, a stubborn wildfire in colorado showing no signs of petering out. tens of thousands i of people already forced from their homes. we will take you to the front lines so stay with us. >> lightning bolts hit the ground, and we saw smoke billowing out right afterwards. >> absolutely scary. there's no other word. we're just petrified of it. don't miss d lobster's four course seafo feast, just $14.99. start with soup, salad and cheddar bay biscuits then choose one of 7 entrees plus dessert! four perfect courses, just $14.99. come into red lobster and sea food differently. four perfect courses, just $14.99.

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jamie: more than 30,000 people on the run from an epic firestorm. colorado's waldo canyon exploding destroying homes. the u.s. air force academy evacuated. it looks like an invasion. do firefighters -- they didn't expect this, did they? >> reporter: they didn't, 65-mile-per-hour wind gusts pushed the fire over containment lines so fast that firefighters were but helpless to watch as it went after home after home. we are expecting an update by the fire command in 30 minutes. fire crews say up until that

storm hit they were feeling confident about the fight against the waldo canyon fire. >> i'm trying to get back out of the smoke. my dad called me and said there are flames a block away from your house right now. >> reporter: emergency rooms in colorado springs are busy because residents are coming in complaining of breathing problems because the smoke is that thick in colorado springs. jamie: how is utah doing with the massive fires there? >> reporter: utah is experiencing a large wildfire that continues to grow. winds making things all the more difficult there. this was a situation where officials thought they had a good handle on things before the weather took over. the concern here is some of the evacuations that have been lifted will be reinstated.

two dozen homes have been destroyed. >> if the winds would go away -- it just really is scary. i want to see this nightmare end. there is no way out except for the long way now. it's pretty scary. >> reporter: more than 40,000 acres have burned in this fire since saturday. jamie: thank you alicia. bill: arizona lawmakers accusing the obama administration of declaring war on their state. the homeland security department announcing federal agents would no longer help the state authorities in arizona enforce the show me your papers provision, only if it applies to

felons. welcome back to america's newsroom. how do you feel about your colleagues in arizona? >> they are absolutely right. what this president is doing is declaring war on arizona. states are trying to enforce federal law where his administration has been unwilling to do so. i agree it is about presidential politic. they are willing to declare war to get away from the idea and create this diversion because the president cannot stand on his economic policies. we have to get the economy going to create jobs. he's creating this division and diversion. bill: if you believe it's about politics who streets for him now because of this? >> i think it's a pandering to the hispanic votes to get those people to vote for him. in georgia we have the 287g

program. are -- is georgia next? it has worked well in my county. this president and his administration have been acting in a dictatorial manner. they are doing it to divert attention away from their failed policies. bill: 287 was taken back and reversed i guess when the court came out. what 287 does is coordinates the federal activity with the local activity. if you pull somebody over and you have questions, the feds come in and intervene if this person was worth holding, that would do that. now based on the rule, only if they are recent border crossings or if they are wanted for a felon for the feds to get involved. >> that's correct. this administration -- eric

holder said he's not going to enforce federal law in many areas. we are seeing that with the immigration laws. we see that over and over again. then this southern general has created this operation fast & furious debacle and it's all about acting in a dictatorial manner, their policies have failed. it's all about presidential politics so they can stay in power. bill: you mentioned your home state of georgia. you were trying to push a similar law. how is it different from arizona? >> the georgia law says we'll check the immigration status of people when the police pull them over and have the question about their immigration status. we have had four administrations who have not wanted to enforce the federal law. we have got to secure the borders and enforce the law, and it is absolutely critical.

it's a security issue, it's a national security issue and this administration has failed. bill: do you think the law lives or dies based on this ruling? dots law in georgia live or die based on what you heard from the court this week? >> i'm very concerned about it. i hope it lives. georgia is just behind arizona with the illegal alien population. we have to start enforcing the law and do what's critical for the security of this nation. that is the number one function of the government under the original intent of the constitution which i believe in. our government is failing and his administration is failing. jamie: like to go to the beach and get in the ocean? shark attack where you might least expect it. why shallow waters may not mean you are safe. bill: all eyes on the supreme

court. 24 hours from now we'll hear the fate of president obama's healthcare law. then we'll ask the obvious. how will it affect the race for the white house. >> we are going to have to have a president and while one who will top it on day one. if you're putting off getting hearing aids until they become invisible,

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rooms, they use hotwire to fill them. so i got my hotels for half-price! >> men: ♪ h-o-t-w-i-r-e ♪ hotwire.com [ male announcer ] fighting pepperoni heartburn and pepperoni breath? fight both fast with new tums freshers! concentrated relief that goes to work in seconds and freshens breath. new tums freshers. ♪ tum...tum...tum...tum... tums! ♪ [ male announcer ] fast relief, fresh breath, all in a pocket sized pack. bill: it is summertime that was suppose to be relaxing that turned into a scene out of a movie. a 16-year-old girl attacked by a shark sitting in three feet of water. the victim is doing okay. jamie: with the country waiting to hear the decision on the president's healthcare law, both

sides preparing for the fallout. governor romney is saying the race for the white house could in part hinge on the ruling. >> the supreme court is dealing with whether obama-care is constitutional. if it is not deemed constitutional the first 3 1/2 years of this president's term has been wasted on something that did not help the american people. jamie: alan colmes and tucker carlson, thank you both for being here. the election is less than five months away. this was president obama's signature domestic policy achievement. what is at stake politically as the supreme court makes their ruling? >> i would argue even if it is ruled constitutional it's been a waste of time and a bad thing for the american people. it's certainly been a disaster for democrats. one of the reasons you have three democratic senators not

attending the democratic convention in charlotte is because obama-care has hurt the president and hurt the democratic party. there is a won't last congressional cycle was a disaster for democrats. they know this. i think a lot of moderate democrats resent it. so there is no way to argue it's been a good thing for anyone so far. >> to have mitt romney say the presidency was wasted if the court shoots it down is an outright lie given all that the president has done. to call it a wasted presidency. need i go down the list of what this president has accomplished outside of healthcare? we wouldn't be talking about healthcare or immigration or heavy issues that this president has had the courage to confront if not for the bold measures of

this white house. the white house never addressed healthcare before bill clinton or after bill clinton never atrelsd it. so we are talking about this because this white house was bold enough to take this initiative. >> i was doing research over the weekend and found that 57% of the supreme court clerks say they think that individual mandate will be overturned. everyone is saying that, forcing all americans to own insurance. if that happens what is the fallout for the campaign, what are the alternatives, and how do they use that? >> the last administration passed the individual mandate, new healthcare entitlements, probably a disaster from a policy point of view. look, this is unknowable until tomorrow. about it seem likely the white house is going to lose for a

simple reason. they could not articulate an answer to the most basic question. if you can force people to buy this consumer product, health insurance, what can't you force them to buy. the solicitor general was unable to answer that. if they can make you do this, what can't they make you do? jamie: governor romney supported the individual mandate in massachusetts, how dose handle that. >> not only did he support it in massachusetts, bob dole had a plan, nixon had a plan. this is something newt gingrich supported. for republicans to fain this is a horrible piece of legislation is disingenuous and not accurately reflecting that they historically have supported this measure. jamie: costing us 18% of the

gross national product. if it's struck down in its entirety do you expect either side to move forward quickly with a resolution or plan? >> i don't know a single con who supported the individual mandate. there is no defending it. let me say this. the individual mandate is the funding mechanism of obama-care. it's the transfer of money from the young and healthy to the old and sick. >> on that note, i have to wrap it up. we'll be interested to hear what you both have to say after tomorrow. thank you for joining us, alan and tucker. bill: there are u.s. senators breathing fire over these national security leaks. one senator is asking where is the outrage from the white house. that senator is our guest live in minutes. >> we have yet to hear outrage from the president of the united

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>> there is a new way to crown college football's national champion. a committee of university presidents saying the new plan strikes the right balance. >> we believe this new format will be good for student athletes for alumnae and for our institutions. it's a best of both worlds result. it captures the excitement of a playoff while protecting the best regular seasons in sports and also the tradition of the bowls.

>> the president of virginia tech. dan joins us now from the sports business bureau. is this good news or bad news for college football fans? >> i think it's great news for college football fans. i don't know what was more had it the individual mandate or the bcs. college football fans by and large had it the bcs. though this won't happen right away. january 1, 2015 will likely be the first college championship. >> good or bad news for the schools? >> it's generally good news. a lot of schools are tied into individual bowls. how the money is divided will change. that said, there is no doubt that a real college football championship will mean a lot more money for college football.

>> how much money do you think we are talking about. >> the championship game self would be $500 million. then you have the semifinals, the two bowl games that will act as the semifinals. then you have the bowl games there that will be played. you have to be looking at over the course of 12 years several billion dollars extra. >> who gets that money? access, revenue distribution, that all has to be decided. >> i would hope as they decided they look at the players themselves. college football players some would argue are the most exploited in the country. they earn no money. they are often injured after their playing days and very few of them go onto the nfl. it would be nice to see some of these new resources go the players. >> division one and two and

three have had a playoff system for years. >> there will be a committee like there is for the basketball tournament that will determine the four teams so none of this rankings and college coaches polls and bcs polls. i'm sure it will be controversial and there will be some teams left off. but people will be happy with it. >> who is going to be on the committee? >> that hasn't been decided yet. >> on the twitter-verse. frank wanted to know why four teams not 8? >> some people would say 16 teams. whatever number you rest on, somebody is going to want more. i think a lot of it is football is an intensive sport and adding extra games is not something the college high ay wanted -- high y

wanted to do. i say go heels. bill: $500 million the first time around. it will be a billion dollars in revenue within five or 10 years. it will be a great idea to take that pile of money and start bringing down tuition costs for every day students. ain't going to happen, though. brand-new polling on the race for the white house. the supremes will give a ruling in 24 hours that will affect every single american. an accident doesn't have to slow you down. with better car replacement available only with liberty mutual auto insurance, if your car's totaled, we give you the money for a car one model year newer.

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bill: we are going to start this hour with a fox news alert. another national poll showing a statistical dead heat for the white house. with the impending supreme court decision and the contempt vote against the attorney general

expected tomorrow. i'm bill hemmer. welcome to america's newsroom. martha is out this week. heather: i'm heather childers. president obama hold a narrow lead over governor romney, 47% to 44. bill: good morning, how are you doing, ed? here is way see along the tracking poll, 47%, 44% we saw. four months ago it was a 6-point spread, now it's 3. is it getting close? >>it is a dead-even race. equally as important, this is among registered voters. not all registered voters vote. as you get further down to

likely voters, i would say this particular poll shows that romney is an acceptable alternative. the president is popular among his base. bill: if you go into numbers here, i find bad news on to both men. the enthusiasm from young voters is not there like it was in 2008 for obama and thousands am among hispanics is that there like it was in 2008. >> if he doesn't get them energized again in a very close election. 2-3 points makes a difference in the final analysis. those same kinds of numbers he probably doesn't make it. equally important, older voters who turned out in record numbers. bill: here is the bad news for governor romney. he trails in the swing say 50%

to 42%. >> it's hard to break down states when you have a national poll. the numbers become very small. in their swing states they throw pennsylvania and michigan. those have not been swing states for a number of years. the republican has not would be either of those states in the last five presidential elections. so you throw those out and it's dead even. bill: among independents. that number has gotten closer, too. >> the two parties have similar numbers in elections. at the end of the day the independent come with the margin and whoever wins those wins the presidency. bill: based on the indications we are getting right now the issue will be the economy. do you approve or disapprove.

42% approve, 53% disapprove. >> this is the most important issue no matter what the healthcare decision is. jobs and the economy will be the most important issue. if it doesn't get better and it doesn't indicate it's going to get better it's a liability to the president. bill: ed, thank you. we'll talk to you in a week. ed rollins in new york. heather: thousands of lawyers being recited by the president's reelection team on standby for the election in november. the campaign says it's concerned about new voter i.d. laws, they want legal support for the handling of registration, especially in battleground states. republicans are also building a legal team and said they are focused on preventing voter fraud. bill: democrats' resistance to holding eric holder in contempt may have a crack in it.

senator matheson says he may not be alone. a vote expected sometime thursday. that will be a number to watch. heather: counting down to a supreme court decision on healthcare. a ruling that will impact nearly every american. whether you have medical insurance or not. shannon bream is breaking count possibilities for us in washington. what clues do we have? >> a lot of focus will be on the so-called swing vote justice anthony kennedy. at the heart of this case is the mandate. from the arguments back in march he was one of the first people to ask questions on the day the mandate was argued. he said can you create commerce

so you can regulate it? he had concerns over how the mandate would change america as we know it. >> here the government is saying that the federal government has a duty to tell an individual citizen that it must act. and that is different than what we have in previous statement. that changes the relationship of the federal government to the individual in a very fundamental way. >> reporter: justice kennedy is not exactly a slam dunk. he did express concerns about all the people in the u.s. who aren't insured and how that impacts the rest of us throughout who do have medical expenses. we don't know which way he's going to go, about it was interesting to see what he had to say in march. heather: what else should we be watching for. >> reporter: day one they argued about whether this case was ripe. whether you needed to wait for

the mandate to kick in. for someone to pay the penalty and wait for that injury to occur. also the issue of severability. what happens to the rest of the law if the justices strike down the mandate. if they should go through a 3,000-page healthcare bill and decide what lives, what dies. ruth bader ginsburg wanted to take a conservative approach to the law if the mandate doesn't survive. >> why shouldn't we say that the choice between a wrecking operation which is what you are requesting, or a salvage job, and the more conservative approach would be salvage rather than throwing out everything. >> reporter: if they strike count mandate, then we'll have to see, do they go with a wrecking operation or salvage operation? heather: you have been doing a

freight job breaking all this down for us. thank you very much. appreciate it. bill: republican leadership in the house holding a press conference. john boehner picked up the topic of jobs and the economy and also on the supreme court when it comes to healthcare. we'll have a listen. >> millions of americans are out of work and the president is nowhere to be found. been out on the campaign trail since last labor day spending full time. but here in the house, house republicans are going to continue to stay focused on jobs and the economy which is what we have done the last 18 months. passed over 30 jobs bills on a bipartisan basis and sent them to the united states senate. next month we'll move to stop the looming tax hike scheduled to take place in january. the supreme court is likely to make announcements about obama-care tomorrow.

if the court does not strike down the entire law. the house will move to repeal what's left of it. obama-care is driving up the cost of healthcare and making it harder for small businesses to hire new workers. our focus has bent economy and it will continue to be the economy. bill: that from the house speaker moments ago. when there are more headlines we'll bring them to you. that's happening right now. heather: new violence in syria. gunmen stormed a pro-government tv station killing 7 staffers, kidnapping others. syrian rebels denying they target the media. gregg palkot streaming live from damascus. a difficult place for reporters to get into. >> reporter: we have been telling you in recent days about the fighting and the attacks getting closer and closer to the center of power in damascus.

today we got first-hand proof. take a look. this is what is left of a pro-government tv station outside of damascus. the burning and smoldering remains of a bomb explosion. as with everything in this conflict, a lot of spin on both sides. one opposition group says it was defect elite soldiers who were responsible. however it was, it was a well-coordinated attack. we are told dozens of armed gunmen stormed the complex, killing and injuring journalists and security guards. then setting six large bombs, detonating them causing damage and fire. a syrian official described the attack as quota massacre against freedom of the press. also we talked to a reporter at the station and here is what she told us.

>> they want democracy. this is democracy. they destroyed the other opinion. >> reporter: we rode around with a huge presence of security checkpoint soldiers. clearly that is a response to the growing amount of unrest that we have been seeing and hearing. finally, heather, the u.n. issued a report indicating that the syrian government could have been responsible for the massacre of 100 men, women and children back in may. the u.n. will be having a high-level meeting this saturday possibly including secretary of state hillary clinton to try to find a way out of this mess. heather: thank you. bill: we have word of another democrat skipping out on the president. a key ally of the white house bailing. why clare mccass scel, such a huge supporter in 2008 is staying home this time.

heather: they called his a bob and we'll tell where it's hitting. bill: republicans say the white house is sitting on its hands while a national security threat goes without an answer. >> where is the outrage in this administration? where is there any indication that within the obama administration officials are outraged at the criminal leaks of classified information?

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life put in danger, but being injured, who knows what else may happen to somebody out there now before this administration gets serious about this and does get outraged? god forbid that happens. but what's it going to take to get this administration outraged about this? heather:my -- mississippi republican roger wick earth is joining us now. >> glad to be with you. heather: reports about the navy seal raid on osama bin laden, the outing of yemeni double agent, details of a cyber war against iran and the u.s. drone program. what is the obama administration doing, and what do you think they should be doing? >> what they are proposing to do is to allow two u.s. attorneys to investigate on behalf of the justice department. one of these u.s. attorneys was

very much involved in the obama campaign in 2008, actually contributed a large sum of money to senator obama's campaign at that time. i think the american people need to know that this investigation is independent, and it's going to be thorough. and i don't think this gives the public confidence that there's going to really be a genuine investigation. heather: so one of the things specifically talked about in the letter is reports regarding the united states drones attacks in the mideast and the new york times article. >> well, not only -- it's not only "the new york times." i have with me confront and conceal by david sanger. senator feinstein, the chair of the intelligence committee, said that as she was reading this book, her heart would stop from time to time when she learned information that she did not even have access to as chair of the senate intelligence committee. and she went ahead and described

it as an avalanche of leaks that make our friends reluctant to deal with us when it's been demonstrated over and over that we can't keep a secret. heather: she stopped short of calling for a special counsel, though, she said there wouldn't be enough time. would there be enough time? >> well, i think there would. and, actually, there's the 31 republicans who have signed a letter. but senator lieberman, the chairman of the homeland security committee who isal lined with the -- aligned with the democrats, also on sunday joined the chorus of people and said really this would instill more confidence if an independent counsel were asked to look into this. so now it's bipartisan, and i appreciate that gesture of patriotism on the part of some democrats that are coming forward to. heather: all right. and we'll see what happens tomorrow with the contempt vote in the house. thank you so much for joining us, we appreciate your time. >> thank you, heather. bill: speaker boehner now only

moments ago taking questions on health care, also fast and furious. you will hear his reaction on that in a moment. and stockton, california, about to be the largest bankrupt american city. could your hometown be next? heather: hope not. bill: because you asked. >> a lot of these cities 35-40 cents of everything that they raise in terms of tax revenue is not going for schools, it's not going for roads, it's not going for the police, it's going for paying retirement benefits. this is why this public employee retirement pension crisis is such a big deal.

heather:22 minutes past the top of the hour. queen elizabeth shaking the hand of a former commander of the irish republican army for the very first time.

the meeting 14 years after the ira ended its war against britain's claim to northern ireland. a mess in southern california, some 19 cars involved in massive pileups on a freeway. at least 15 people reported injured. and a warning if you're heading to asbury park, new jersey, for the fourth of july, it is against the law to wear swim suits on the boardwalk. a former councilwoman wants the town to enforce a decades-old ban. the town just doesn't have the resources to enforce it. no bikinis or speedos, bill. bill: summertime in the ocean. heather: no more speedos, you're avoiding that comment. bill: but it's always swim suits, right? be. heather: yes. bill: springsteen probably wrote a song about that, huh? girls in their summer clothes. sunny stockton california is living under a heavy cloud. it is set to become the largest city in america to go bankrupt,

facing a $26 million budget gap. that brings us to because you asked. how many cities like stockton, california, are on the verge of bankruptcy because they cannot afford to pay union pensions? charles payne brings the pain from the fox business network. how are you, charles? >> reporter: i'm good, bill. bill: do we know? >> we know there are a whole lot and, of course, stockton now is the largest. but there are some gigantic cities out there that face these same problems. stockton, if you were a city employee after a month, you and your spouse were guaranteed medical benefits for life. those kinds of things are outrageous. i would say if we thought about this as a dartboard, bull's eye right now would be probably detroit. everyone's looking at detroit. all the talent has left. they've hiked taxes dramatically over the years. they've got these unfunded liabilities. the state almost took the city

over. that's probably first and foremost. but you couldn't write off towns like los angeles, you couldn't write off philadelphia, and there's a whole bunch -- bill: l.x. a philly? >> oh, absolutely. chicago. chicago's really up there big time. over the next two or three years all of these names you're going to hear rumblings about them x. here's the thing, these are contracts. so, you know, it may take bankruptcy ultimately to fix the problem because -- bill: to change the contract law which ain't easy. here's a list. detroit, michigan, you mentioned that. chicago, you mentioned that. harrisburg, pa. san jose, california. san diego, california. suffolk county, new york. now, if viewers don't know, suffolk county has some of the richest people in america living there. >> including their policemen and firemen. bill: is that the problem? >> that's what it boils down to. and, listen, you're going to hear about it a lot, obviously, during this election process. but we have overpromised and

overpaid civil servants, and it's just to the point where it's just a massive drain. listen to the aftermath in stockton now, bill. you've got about one-third fewer police officers for every 1,000 people than the rest of california. murders going through the roof, robberies, burglaries, they say don't even bother to call the police unless you have an in the-progress crime happening at that very appointment. and this is what happens when the pendulum swings too far one way, it comes all the way back. bill belle you know, unemployment in stockton is 15%. but it comes down to management, does it not, charles? because what that city did, they paid $48 million for a bank building that they wanted to make the city hall, it never happened. they really wanted to change the town. they didn't have the money to do that. >> they didn't. bill: and then the real estate crash comes along, and you lose the revenue that you depended on to come into the city. >> what happens often is during economic booms with the private

sector public sector goes nuts spending money. they use that as a cover to go nuts. they had a baseball field, an arena. i don't think they thought if they were going to bring in the raiders or not. by the way, that future city hall, they had to give to it the one of the bondholders. so, yes, it was irresponsibility by these poll diss, and now -- politicians, and now everyone's crying. and this is the worst case scenario that we talk about for america at large. this is a prime example. we don't have to look at greece today, italy, portugal, spain. stockton, california. bill: charles, very good point you make there. but when you mentioned detroit, philly and l.a., wow. >> it almost feels inevitable for detroit. bill: you got a question you want answered, the e-mail is hemmer at foxnews.com, on twitter @bill hemmer. just need one line, compose that question in the form of a question. [laughter] bya, because you asked.

heather? heather: debby may be downgraded, but the worst of the former tropical storm could still be to come after folks have seen some two feet of rain already. bill: also senator claire mccaskill is the latest democrat to skip the party's convention this summer, so is she abandoning the president after glowing statements like these from only two years ago? >> i am most grateful for is the kind of leadership, real leadership he is providing this great nation of you ours. i am proud that he's my friend, i am even prouder that he is my president.

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bill: a fox news alert. we mentioned the house leadership now holding its weekly press conference there on the hill. moments ago house speaker john boehner was asked about the vote on contempt for eric holder. have a listen to how he answered that. >> we'd really rather not be there. we'd really rather have the attorney general and the president work with us to get to the bottom of a very serious issue. the united states government ran a gun-running operation that has resulted in hundreds of deaths. brian terry's family has a right to know what happened. the american people have a right the know what happened. and we're going to proceed. we've given them ample opportunity to comply even as late as yesterday. the white house sat down with

some of our staff to outline what they'd be willing to do. unfortunately, they're not willing to show the american people the truth about what happened. bill: apparently, the question for speaker boehner was why hold the vote on the same day that health care comes down from the u.s. supreme court. he said that's just the way the schedule is. here here to walk it through it now is judge andrew napolitano. good morning to you. i want to cover holder and health care. if they hold him in contempt and you have this executive privilege that hangs over it, does this move any ware? in. >> -- anywhere? >> well, the holding of him in contempt will be largely symbolic. this has not happened in modern times. janet reno was -- a committee voted to recommend she be held in contempt, but the congress didn't actually vote it. this would be a stinging rebuke to him politically and professionally. but unless a prosecutor seeks an indictment and prosecutes him, a prosecutor that works for him,

it is unlikely to go beyond that. a president willing to invoke executive privilege on documents he didn't see and conversations that probably didn't reach him probably wouldn't hesitate to pardon his attorney general which would have political ramifications but, again, insulate him -- bill: from your view then, legally speaking, what does tomorrow's vote effectively do then? >> expresses the outrage of the house of representatives, the people's house, about the unwillingness of the obama administration to come clean on this dreadful and fate also-called law enforcement scheme. bill: so that is tomorrow. and also tomorrow is when the supreme court rules on the constitutionality of obamacare. now, there are countless scenarios that the court could go through tomorrow, and we're going to watch it here live together. >> yes. bill: however, is it likely that no matter how they rule that even though people think the supreme court's going to settle this thing that it will be far

from settled after the decision is rendered tomorrow? >> i think you could make that argument, bill. unless the supreme court rules that it is constitutional in its entirety and it can begin to kick in no matter who the president is in january of 2013. unless it rules that way, there are so many variables -- bill: but if mitt romney were to win in november, he says he's going to repeal the entire thing. >> that would require how a vote by both houses of congress if he could muster that, it would also be difficult for him to interfere with funds that have begun to flow. pelosi and company were shrewd in the fact that they caused the statute to take effect in stages so that it would be difficult for a president to unseated obama to unwind it. there are some parts that republicans agree with like the insurance carriers have to

coffer children up to age 26 -- bill: pre-existing conditions. >> and pre-existing conditions. so there probably will be some subsequent legislation whether president obama is reelected or governor romney is elected president, there will be some subsequent legislation -- bill: the reason i asked that, i know you're examining this from a legal impact, but you have to consider the economics also. businesses changed their models two years ago based on what they thought the law would be. if the law changes, they're going to have to change their model again. >> yes, they are. and it'll be very interesting to see if court takes a very narrow view. and i'll give you a hint in a minute. and says, you know what? we're not concerned with economics. here's the hint. if chief justice roberts writes the opinion, it will probably strike down the statute on very narrow grounds and lee the rest of -- leave the rest of it -- bill: which statute, the mandate statute that says you have to buy insurance? >> yes. if justice kennedy writes the

opinion, it will probably be a broader assault on the statute. bill: without getting too deep, why is that? why are you making that distinction now? >> because chief justice roberts has a view of the, a role of the court that it should only strike down that which is clearly unconstitutional and should leave the rest for the popular branches of the government. justice kennedy has the view that it is the role of the court to protect human freedom from governmental excess, and wherever there's any excess, the court should stop it. bill okay. one more question here, and i've got to go. is it possible the court puts all this off until -- there was something today on a blog about october. >> it is possible but extremely unlikely. the members of the court, bill, believe it or not, are as especially the about this right now as we are. bill: so you believe they feel the gravity up there. >> and they want this behind them just as we want to know what the answer is. bill: see you tomorrow. >> absolutely. yeah, very exciting day. bill: heather?

heather: to a fox news weather alert. she was moving out to sea, but the worst could be yet to come. debby did a number on the sunshine state, and now remnants of the former tropical storm are making their way to the atlantic with the possibility of gaining strength among the eastern seaboard. maria molina in the fox weather center with more on this. >> reporter: hi, heather, good to see you. yeah, debby is heading out into the atlantic, but fortunately, we're almost done dealing with it across of florida. rain bands across the central part of the state and also southern parts, but again, the worst of debby is over for us across the united states. it did make landfall yesterday as a tropical storm, right now debby is just a tropical depression. sustained winds of 0 miles per hour, and it dropped a whopping 25-30 inches of rain in northern parts of florida and that's, of course, why we saw so much flooding across the panhandle.

just a depression, forecasts continue to exit out to the atlantic. it could begin to intensify and become a tropical storm again. we just got an updated forecast from the national hurricane season. you saw that change right on the screen, still forecasted to remain a level of low pressure into the weekend as it does remain a tropical system. the only concern for us is going to be the rush from that system. the other story is how hot it's been of. we have a heat wave across the center of the country, and it's headed eastbound. tomorrow chicago could see a high of 102 degrees. heather: not helping with those wildfires. bill: 102 in chicago in june? heather: that's hot. bill: a young couple takes a plunge right into the water, and that -- [laughter] it's going to make a memory. heather: was that on purpose?

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heather: so do you believe in aliens? you're hardly alone. according to a "national geographic" survey, more than a third of americans believe in extraterrestrial life. 48% not so sure, so who knows? maybe they can be persuaded. the same poll, by the way, finding that 1 in 10 americans believe they've actually seen an alien. bill? [laughter] bill: let's interview them. senator claire mccaskill out of missouri the latest democrat

ditching the party's convention in charlotte, but she's no ordinary lawmaker. senator mccaskill had a key speaking role at the 2008 convention and campaigned extensively for then-candidate barack obama. george pataki's the former governor of new york. he's been to many of these conventions. how you doing, governor? >> good morning, bill. i'm doing great. bill: how big a deal is this? >> i think it matters. the president is becoming more is and more isolated not just from the american people, but also from some in his own party. and i'm not surprised. because what is happening in washington is they're not running the country out of the white house, they're running a campaign. and unless you're going to benefit from that campaign, you're going to keep your distance. so i'm not surprised, but i think it is important. bill: her name sticks out, so does joe manchin from west virginia. >> absolutely. bill: in all fairness, democrats are probably not going to win west virginia anymore. >> and they're probably not going to win missouri. bill: you don't think so?

mccain won that state by, what was it, 3,000 votes in 2008? >> yes. but when you look at the economy today, what senator mccaskill's doing, i think the people of missouri are ready for real change, not hope and change. bill: well, we have a group of all the members of congress who will not go to charlotte in early september. these are the ones we know about right now. i don't know if this is substantial or not because mccaskill would say, hey, i skipped it in 2004, too, because i was running for re-election. do you buy that? >> i don't buy that at all. she has been one of the closest identified senators with obama since the convention four years ago, and she can run from his campaign, but she can't run from obama care, voting for dodd-frank, the stimulus and being there time and again. i think they're just trying now during the campaign season it's not about doing what is right, but trying to save your hide. and i think that's a disservice to the people of missouri. bill: always pictures we just put on the screen, they are up for re-election. so hold on to that distinction

as i make my next point because george bush skipped st. paul in 2008. he appeared by video conference with john mccain. >> well, he wasn't running for anything in 2008, and that convention was run by the mccain people, and he was still president at the time which should take a little bit of your time, i would think. bill: okay. so the list, perhaps, grows between now and charlotte. we will see together. on health care, what do the spikes do in this -- supremes do in this hour tomorrow? >> i find it hard to believe that this law can be found unconstitutional. obviously, it's very hotly-debated, but when you saw the oral argument in the supreme court, you saw justices across the spectrum saying how can you force the american people to buy something they don't want? that has never happened before. i would be stunned if they don't find at least the individual mandate unconstitutional. and if it is unconstitutional, as i believe it is, then i think the whole premise for obamacare falls apart. bill: all of it? >> well, some of it may well be

legally in place, but as a practical matter it's going to be a nightmare trying to run a health care system where the key funding mechanism, the centerpiece of the whole operation is unconstitutional. bill: well, we were just talking to the judge about this, and i just want you to weigh in also. >> sure. bill: is it possible, i think a lot of people think tomorrow's the day it's going to be settled. is it really? >> tomorrow's the day the supreme court's likely to rule, but it's not going to be settled. bill: correct. and what's the scenario that follows that? >> that depends on the election. president obama can't run away from what he spent the first two years of his administration focusing on instead of the economy and jobs. he's got to try to defend it and patch it back together. and we've seen him time and again use executive powers extraordinarily. so i think he will try to hold it together until november. but even he has got to realize it cannot work, and they have to pass a new law if this is thrown out. bill: so tomorrow is significant, but it's not the end. >> there's going to be a

political battle either way, and i happen to believe they will throw out the individual mandate, and i think that makes it extremely unlikely that anything other than dramatic change in obamacare moves forward, and that's a good thing. bill because you have a political battle, an economic battle because of what businesses are doing, and you have a legal battle that may follow this as well. >> correct. bill: governor, thank you. george pataki in studio here in new york. heather, what's next? heather: so let's get a peek at what is coming up now. my weekend cohort gregg jarrett in for jon scott. hi, gregg. gregg: hi, heather. the fast and furious gun-walking scandal, the full house set to vote on contempt of charges against attorney general eric holder. and, of course, awaiting that crucial supreme court ruling of the president's health care overhaul, in-depth analysis for you. plus, a growing disaster out west as tens of thousands are forced from their homes, running

from the fast-moving wildfires and more than 26 inches of rain hit florida. how about that? bye-bye, debby. we'll have that at the top of the hour on "happening now." heather? heather: thank you very much, gregg. it is getting gown to the wire for two key bills in washington affecting your bottom line. we'll have the latest on that. bill: take a good look at this one. think they tried it? [laughter] someone here does. heather: i do. it's time to live wider awake. only the beautyrest recharge sleep system combines the comfort of aircool memory foam

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bill: it's a good thing they took the photos after the

wedding, before the reception. a michigan wedding party joining the bride and groom -- [laughter] that's what happens in shelbyville, right? [laughter] the dock gives way, and the bride saying the fall was scary for a moment. her gown making it difficult to get her footing. heather has more inside information on this. [laughter] you'd like to share with the audience now. heather: well, we're not sure how long the marriage will last because the groom got out of the water first, i'll add that, and i think maybe -- bill: so he ran for the towel before helping his -- heather: exactly. left her in the water. i think it was also planned. bill: you do? heather: just my theory, have no facts to back it up. just about 11 hours and counting to the deadline for a deal on the transportation bill, yet there is still no sign of an agreement, still no decision on the keystone oil pipeline and still no price tag on the legislation. molly henneberg is live in washington. so, molly, what are the sticking

points? >> reporter: hi, heather. well, you mentioned a couple of them, whether or not the keystone pipeline will even be included in this bill and the price tag. also republicans are pushing for fewer environmental requirements on certain construction projects. the chair of the house transportation committee, republican congressman john mica, just told fox that, quote: everything is still in play at this hour on transportation. and that the overall bill is just a struggle. earlier this hour the house speaker had this to say about the bill. >> it is clear that there are significant reforms in this bill. which will reduce the number of programs funded out of the highway bill, streamline the regulatory process and allow us to focus our highway dollars on fixing america's highways, not planting more flowers around the country. >> reporter: as of this morning, though, congressional leaders did not have updated figures from the congressional budget office on a cost for the bill. heather: molly, what's the time

frame we're looking at on this bill? >> reporter: they're aiming to get it done, you know, all put together before midnight tonight in order to vote on it by friday before the holiday weekend begins. the top democrat on the committee says it's key for the overall national economy to get this bill done this week. >> it's important that we send out a message of certainty to our state departments of transportation, to our construction workers, to those who would let contracts here before the summer months are over with. it's important for the recovery of our economy. to have this transportation bill completed this week. >> reporter: it's possible they could vote on it on saturday, but members have not been told to change their weekend plans yet. and, heather, did you say -- this is off topic, but did you say the groom left the bride in the water? heather: yes! >> reporter: that story you just talked about? heather: the groom swam away. >> reporter: and left the bride there? it would be a long honeymoon.

[laughter] heather: i bet it was. bill: got that right, sister. you're no dummy. thank you, molly. in a few hours, some key democrats will go to the microphone lashing out against tomorrow's scheduled contempt vote against eric holder. we are live on the hill with the latest on that and speaker boehner. >> we'd really rather have the attorney general and the president work with us to get to the bottom of a very serious issue. the united states government ran a gun-running operation that has resulted in hundreds of deaths. 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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in your fight against bugs. ortho home defense max. with a new continuous spray wand. and a fast acting formula. so you can kill bugs inside, and keep bugs out. guaranteed. ortho home defense max. bill: charlie sheen in the oval office. imagine the possibilities. [laughter] >> there's a new movie out called machete, and charlie sheen has been cast to play the president of the united states. [cheers and applause] charlie sheen is great! don't you see charlie more as a secret service kind of guy?

bill: maybe, maybe. heather: whoa. bill: there's one of our viewers writes perhaps the groom was getting a towel for his bride, so he wanted to be the first one out of the water to greet her and keep her okay and -- heather: okay. yes. bill: you buying that? heather: no, i'm not. i'm not buying what they're laying down. bill: picking up what you're laying down. tomorrow, 9 a.m. eastern time right here, two-hour special on the supreme court ruling. please join us then. heather: very big day. bill: it will impact every day. great to be with you. heather: nice to be here. always enjoy it. "happening now" is starting right now. bill: we'll see you on the radio in a matter of moments. big day for america tomorrow. gregg: it is looking more and more like we will see a vote to hold the attorney general in contempt of congress. now one house democrat saying he's going to side with republicans and vote yes. jenna: big question of whether or not he's alone on that. we're going to be talk talking t

that. also a firestorm of epic proportions as colorado faces its worst outbreak of wildfires in history. we're live on the scene there. gregg: and they call him in the decider. one justice may hold the key to which way the u.s. supreme court will rule on health care tomorrow, so who is justice anthony kennedy, and do we have any clues from recent decisions as to how he voted? we're going to talk to one of the former law clerks all "happening now." gregg: well, it's a countdown to the faceoff in congress over fast and furious. hello, everyone, i'm gregg jarrett in for jon scott. jenna: nice to have you, i'm jenna lee, and right now the house is preparing to vote on whether or not to hold the attorney general of the united states in contempt of congress. this after negotiators from the white house, from the justice department, from the house of representatives failed to reach