down. 360 has parts that are down. so it haste been like following a maze to figure out how to get home. gregg: we're going to have more on this and a live report from west virgina in a few minutes. in the meantime, victims of the worst wildfire in colorado's history, going back home now to see if there's anything left at all. residents were allowed limited access to the area still barred to most people. and seen for the very first time the charred remains of their homes and their neighborhoods. >> we could see flames in two directions. we're like it's gone. gregg: well the waldo canyon fire as it is known has burned more than 17,000 acres so far including the home of a 79-year-old man who describes what he saw the first time he returned to the site where his house once stood. >> that's a brand new bedroom set. had the other one for about 0 years and finally broke down and got a new one.

there's the side of my house still there. that looks like bathroom window. there's my front door. that's my basement. well, i'll tell you there is the barbecue grill. i thought the propane would be blown up. but looks like it is over there. gregg: firefighters say they do expect to have the fire under control by july 16th though it is not clear when people who still have homes will be allowed to return for good. heather: what could be a huge week for the economy and president obama. on friday we will find out the monthly jobless claims for june. and already economists are forecasting that just 100,000 jobs were created in june. that would be slightly better than the 69,000 created in may but well below the monthly average so far this year. stu varney, host of "varney & company" on fox business

network joins us now. so, stu, read the tea leaves so to speak for us. what are we expecting? >> i've got two pointers for you, heather. both of them suggest a weak jobs report. pointer number one, personal spending, consumer spending, it's actually fallen in each of the last two months. now in america that is a very unusual happening. normally, consumer spending goes up gradually. for the last two months it has actually gone down. second pointer, today we received a report from visa which suggests that this july the 4th week we will spend 11% less on july 4th related events than we did last year. so pointer number one is weak spending. that suggest a weak jobs report. but there is another one. so far this year the number of people filing unemployment claims, and that is an indicator of layoffs, that has gone up. we're now very close to the

danger eppoint of 400,000 new faces on the unemployment lines each and every week. two pointers suggest weakness in the jobs report come friday morning. i would offer the opinion you may see the unemployment rate go up this friday morning from 8.2% last month to possibly 8.3% in the latest statement. heather: not good fuse. what does this mean for the white house? >> there are only four jobs report between now and the november election. the one on friday will make it only three more after that. if it is a weak jobs report and if the unemployment rate has gone up, it will be very difficult for the president to recover and certainly for the economy to recover its momentum in time for the election. worse yet it is possible that the direction of the unemployment rate will be up, not down. too big negatives for president obama come the election in november. heather: all right. stew varney, reporting for us. thank you so much. we appreciate your insight as always. gregg: new concerns for europe as unemployment in

the eurozone hits yet another record. official figures show jobless numbers climbing to 11.1%. up from 11% in the previous month. it is the highest rate since the euro was launched in 1999. highest unemployment in spain and greece, in total, 17.6 million people out of work in the eurozone in may. 1.8 million higher than the year before. the numbers adding further urgency for it eurozone plan to deal with its mounting debt crisis. back to our top story. three million people without any power or air-conditioning on the east coast amid the sweltering temperatures and heat index above in some places 100. elizabeth prann live in charleston, west virgina on the phone. elizabeth? >> reporter: hi, good to hear you. adding insult to injury another line coming through last night causing some serious setbacks in the

efforts to restore power to all those stranded for the third night in a row. even knocking out power to some in this area for the second time. so a lot of people are saying, why is it taking so long for us to get power back? not only the population size, just like you said. millions of people are without power but the terrain. a lot of these power lines are in deep ravines. it is hard for power crews to get to them. what is it causing? well basically it causes a ripple effect because there is no power. people need generators. what you need for generators is fuel. obviously many gas stations are closed and those, that are open are experiencing some very long lines. in fact we spoke with one man yesterday with a number of generators. he said he went all over the state looking for gasoline. here is what he told us. >> we've been looking for fuel all day. several of the gas stations that we stopped at were, we stayed in line, become empty. so we had to go to another

station and we're finally here and happy about it too. >> reporter: and power is also --. not necessarily there is shortage of material. fema on the ground bringing ice water and food and supplies but it is a storage issue. people are using coolers to store some of their food over the past few days. the fact of the matter that is probably spoiled. restaurants have to prioritize. long lines and people need certain foods and they're running out of storage space. they're telling me that counties that have not been assessed by power crews because of their place on the distribution line. gregg: a lot of people i understand it strapped in their homes. they can't actually leave. they're being advised don't leave because there are live power lines everywhere. you could be electrocuted. but for those, especially elderly who have no air-conditioning are there shelters if they can get out of their homes? >> reporter: there are a

number of shelters. there is also people going out and about looking for the elderly and look for help. there are cooling stations in every county in west virginia. what is cooling station, a public library or building or mall or has power due to generations -- generators or power period. a lot of people are camping out. once they get out of the homes and heat they don't necessarily want to go back to it. we're seeing a lot of people at the cooling stations. gregg: elizabeth prann live in devastated west virginia. we'll check back with you. thank you very much. heather: gregg, we're getting new information what kind of storm system actually hilt. experts calling it a straight line windstorm that sweeps over a large area at a high rate of speed. as many people said the impact felt like a hurricane. came without any warning that it would be so strong. although rare, derechos are

heavy the during late spring. gregg: have you ever heard of that. heather: i heard of straight-line wind storms but i hadn't heard of that way. gregg: like a hurricane or tornado. heather: absolutely. gregg: those are a few of the stories we're following this morning in "america's newsroom." coming up dangerous carjacker caused a massive pileup but what he wasn't wearing that has police confused. we've got the shocking videotape. heather: republicans vowing to take attorney general eric holder to court saying after the doj said that it won't prosecute him following a contempt of congress vote. what now? a closer look how this could all play out. gregg: new questions over the u.s. supreme court's ruling on the health care law. is the individual mandate a tax? well the chief justice says so. democrats, well, they say no, it is not a tax at all. it is a penalty. what is the deal here? we'll break it down for you with stephen hayes in a couple minutes. >> let's look at why chief

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delivering mail, medicine and packages. yet the house is considering a bill to close thousands of offices, slash service and layoff over 100,000 workers. the postal service is recording financial losses but not for reasons you might think. the problem ? a burden no other agency or company bears. a 2006 law that drains $5 billion a year from post office revenue while the postal service is forced to overpay billions more into federal accounts. house bill 2309 is not the answer. focus lo, focusent sanya

let's do this i am from baltimore south carolina... bloomington, california... austin, texas... we are all here to represent the country we love this is for everyone back home it's go time. across america, we're all committed to team usa. gregg: a legal showdown in the state of mississippi over the state's only abortion clinic. a judge temporarily blocking a law that could have shut down the jackson women's health organization. now this law requires anybody performing abortions to be an ob/gyn with

privileges to admit patients to local hospitals. such privileges can be rather hard to get and the clinic says the mandate is designed to put it out of business. the hearing is set for next week to decide whether to block the law for a longer period of time. if jackson's women's health organization closes, well, mississippi would be the only state without an abortion clinic. heather: the candidate for mexico's ex-ruling party declaring victory today following a preliminary vote count after yesterday's presidential election. who exactly are the pra? or pri? here is a little background for you. they governed mexico for more than 70 consecutive years until they were voted out in 2000, a move held by some as a quote, major victory for democracy. the pri was often criticized for authoritarian approach to governing and for what many critics called a wink

and a nod to the drug cartels. william la jeunesse is live in mexico city. william, who is the new president and what does he stand for? >> reporter: well, today mexico did wake up to a new president and in many ways an old enemy, the party he represents. as you can see from the headline, they're back. but the new face of that party, the president enrique neto. claims the those days of corruption is over. he is 45 ir. married to a soap opera star. he is a successful tax reform and public works. he has a history of working across party lines. he overcame admissions of adulterry and fathering two women out of wedlock with two women. for the pri, they are best known for corruption and crone thinkism and -- cronyism and this is a stunning reversal. >> but i'm still think this

new see sight we have in mexico, this new demanding society will demand a lot more transparency and if pri wants to stay there after six years they have to adapt to this new societal needs here in mexico. >> reporter: though his margin of victory was seven points the second place finisher, the has not conceded. we'll have a official results in one week. heather. heather: what does it mean for the drug war? >> reporter: well, you know, here in mexico many would say that america's drug habit fuels mexican's drug war. for many here, they believe mexico is doing the dirty work for a problem we created. hear is the disconnect. he is promising to reduce violence but continue the drug war. how is he going to do that? he plans to replace the army units with federal police. not bagging cartel kingpins

but to improve prosecution rates which are abysmal. he is bringing in general tajeo from colombia. they defeated colombian cartels for advising and training that is good sign. but u.s. worries that pri will cut old deals with the cartels. list enter fer recognize for less bloodshed. he will have to wait to prove the u.s. wrong. heather: william la jeunesse live from mexico city, thank you. gregg: is it a tax or not a tax? we'll talk to steven mace -- hayes coming up next. it is a scorcher in the big apple. the same for much of the country and more severe storms could be on the way. the very latest from the fox extreme weather center just ahead.

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heather: welcome back. some shocking video from arizona you have to watch this. witnesses say that this man, he triggered a three-car accident. stripped off his clothes and then pulled a woman out of a prius and took off, driving against traffic. and colliding with three other vehicles. seven people were injured when it was all over. police identifying the carjacker as 45-year-old john brigham. he is currently undergoing tests for drugs or mental issues. he could face charges of robbery and leaving the scene of an accident. a big mess there. gregg: is it a tax or isn't it? republicans and democrats sparring over what to call president obama's controversial health care mandate. now the gop says it's a tax

just like chief justice john roberts said in his ruling upholding the law but leading democrats insisting no, it's not. >> no, it's a penalty. it's a penalty that comes under the tax code for the 1%, perhaps of the population who may decide that they're going to be free riders. but most people will not -- >> it is a new tax. gregg: what effect will the debate have on the november election? steven hays, writer for "weekly standard" and fox news contributor. good to see you. only way the health care law is constitutional is a tax but pelosi insisting it is not a tax. reminds me of the old check comarx clip, who will you believe, me or your own eyes? >> i'm perplexed this is a debate. the administration in the form of the solicitor general making the argument before the supreme court this was a tax. that is the basis of its constitutionality according to chief justice john

roberts. i don't understand why there is a debate. media covering the story have obligation to call it a tax because that is what it is. the issue is settled. this is no longer really a debate. gregg: here is what white house chief of staff lax lou said on "fox news sunday". take a listen. >> what the supreme court said this was constitutional. didn't matter what congress called it. >> wait a minute, sir. >> the 1% choose not to buy insurance. >> mr. lou, they called it a tax. >> technically the congress has many powers. there is commerce clause. there is being at thatting powers and it was constitutional. that's what they said. doesn't matter -- >> wait --. gregg: mr. lews a lawyer and he knows perfectly well what john roberts wrote, quote, it may reasonably be read as a tax. the constitution permits such a tax. is lew being blatantly dishonest? >> yes. i think actually he is. i'm really surprised. honestly this is brazen attempt by the white house to try to redefine something

or re-engage in a debate already been settled. this is a tax. donald berili. before the supreme court argued it was a tax. chief justice joan roberts said it was a tax. the white house i understand for political purposes they don't want to call it a tax because it suggests the president is going back on a one of the promises he amid to avoid raising taxes on the middle class but this is a tax and really there isn't much debate about that. gregg: they are arguably peddling another kinard. pelosi and jack lew both said the same thing. i'm not sure if they have the same talking points or not but here's what they said. they said the tax will only affect 1%. well the nonpartisan cbo says that is not true. 4 million americans will pay 27 billion in additional taxes. and 76% of those people make less than $120,000. so those are, that is a huge middle class tax increase

right? does that again put a lie or a belie the president's claims? >> look, yes. look, it's simply not true. it is simply inaccurate what they're saying. again this is really not, there aren't two sides to this debate because of both the cbo numbers you suggest and the fact that the language has been settled. in any case, the history of taxation in the united states suggest that what starts out as a tax on 1% rarely remains a tax on 1%. but they're making that argument even in the face of evidence that the tax affects many, many more millions of people than they're suggesting. gregg: so what's the impact, if at all, on the upcoming election just four months away? >> well, i think it has the potential to have a huge impact. basically up to mitt romney. if team romney decides that they want to run on health care, and treat the health care as a central issue, which they haven't to this point. to this point they're arguing health care was issue only because it was

distraction from the economy. president obama spent too much time focusing on health care. he didn't spend enough time focusing on the economy. i think if team romney wants to be successful they will have to make health care a central issue in the debate, not simply a side issue. gregg: but isn't romney handicapped because of his own romney-care as it became known in massachusetts? and of course there was a middle class tax cut associated with that or tax increase associated with that? >> sure. yes. and chris wallace i think did a good job trying to hold mitch mcconnell, make him explain that, why that's a double-standard. look, if, if mitt romney wants to make the argument, there is no question that democrats will throw that back at him. but at the end of the day there is a very clear and serious distinction between the two candidates. mitt romney wants to repeal obamacare. president obama has to campaign on it. it is not a popular law. i think if team romney doesn't take advantage of the fact that it's so unpopular that conservatives

especially are so fired up at this point about repealing the law, that it doesn't appeal to independents. that independents are very skeptical obamacare broadly, if team romney doesn't take advantage of that i think it would be a big mistake. gregg: stephen hayes, thank you very much. good to see you. >> anytime, gregg. heather: a new round of severe storms targeting the midwest as millions suffer in extreme heat with no power. we'll take you live to the fox extreme weather center up next. gregg: major developments in the "fast and furious" investigation. what gop leaders in the house are doing to enforce the contempt of congress vote against the attorney general eric holder and get answers for the family of murdered border patrol agent brian terry. the details and the latest in a fair and balanced debate straight ahead. ♪

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gregg: extreme weather alert. another blistering day across much of the country today. sweltering temperatures baking states from the

plains to the east coast. the scorching heat could unleash fierce storms across the mid-atlantic producing severe thunderstorms, hail, damaging wind gusts. maria molina is following it all here with the details. hi, maria. >> gregg, good to see you. anytime you get temperatures this hot and also conditions that are this humid you get a chance to see afternoon showers and thunderstorms popping up. very number like weather pattern is what we're experiencing and have been doing so over the last several days across the country. we're still looking at some isolated showers across parts of the southeast. most of the activity that produced severe weather in the overnight hours has died down. over 800 reports of that across parts of the carolinas up through portions of the midwest. basically we saw a lot of reports of damaging wind gusts yesterday, similar to what we got on friday night with the storm system that produced that derecho or that line of storms that pushed through the mid-atlantic and producing all the damage and power outages.

unfortunately bad timing with the heat wave. it is making conditions very hot across parts of four corners, even the plains and across the mid-atlantic. as we get gulf moisture moving out around the that high pressure system we start to see the showers and thunderstorms firing up and some of those storms could produce severe weather. the main concern for today will be across parts of the midwest with damaging wind gusts possible and even isolated storms that could produce large hail. wisconsin, minnesota and eastern parts of the today coats you are included in the area that could see severe storms so stay alert. as we head through the next several days we'll see showers and storms around the area of high pressure. high temperatures not as bad as what we saw over the weekend. atlanta, 96 for our high temperature. you got 106 degrees on saturday breaking all-time record for highest temperature out there. when you factor in the humidity it feels hotter. look at some of the heat index values, gregg. 100 degrees in nashville and

103 in montgomery. gregg: when is the relief? >> not anytime soon. we're looking at these temperatures basically through at least friday. it will be a hot 4th of july weekend. gregg: all right. maybe through september. i'm just kidding. >> hey, it is july. gregg: maria molina, thanks very much. heather: house speaker john boehner vowing to take attorney general eric holder to court saying that the republicans will push a contempt case against him over his decision to withhold documents in the "fast and furious" gun trafficking investigation. >> the american people have a right to know what happened here. brian terry's family has a right to know what happened hire. and the fact is that the only facts that we've received about this entire "fast and furious" operation came from whistle-blowers and others associated with it. we got no information that helped in our investigation from the justice department

at any point in this investigation. the american people deserve the truth. heather: well this comes on the heels of a letter sent by the justice department stating that they will not prosecute holder. a republican campaign consultant and national political correspondent for talk radio news service and marjorie clifton and former consultant to the president obama campaign and principle of clifton consulting join us with their take on this. >> good morning. >> good morning. heather: the house passed two resolutions putting attorney general eric holder in contempt. the criminal contempt resolution and civil contempt resolution. and it is that second one that grants the house the ability to ask a court to compel the justice department to hand over the documents. so, tony, i will begin with you, is that a mistake? >> it is certainly not because at the bottom line, and at the end of the day we have to remember while we engage in all the partisan

talking points back and forth a border agent is dead it goes to the heart of two issues that are important to have confidence in our government. that is accountability and competence. something wrong happened. whether or not eric holder condoned it, whether or not eric holder authorized it, we don't know. at this point what we do know is he is not cooperated and he has obstructed in the investigation to get to the truth. so if this is the only mechanism by which we can achieve the truth i think the congress has an obligation to the terry family to all law enforcement and to the country to pursue this, even if it is only in civil court. heather: marjorie, what do you think?. >> i think we're in the heart of campaign season. while absolutely this was clumsy by holder around the justice department there is a difference between the competency and criminality. what we've got is issa playing politics the fact of the matter they have come to eric holder. he testify nine separate times about this particular case. in addition, his office as

well as the doj provided over 7,000 documents, that were requested by the oversight committee. and time and time again he came forward said look, let's create a good faith agreement. we'll provide anything that you want to see, anything related to this case if you will just release this contempt and we can just in good faith call this a truce and yes, absolutely clumsy, but again, not a reason to go into contempt. issa refused. boehner actually did not want to have this bring this forward but again he is getting a lot of pressure from the republican party. right now would be a great time to make democrats look sloppy, make eric holder look bad. i think it is a very difficult thing. i don't understand how the american people are benefiting from amount of time, energy and resources being required to pursue this. >> marjorie you said a number that is so misleading and has to be krebed for public record here, you said he released 7600 pages. there are 150,000 that are related to this botched

operation, number one. number two, he has an obligation to release the documents that are in the subpoena. he can't treat this like an a la carte menu, you asked for this but i really feel like giving you that. if he has nothing to hide, stop hiding it. to ascertificate this as solely a political situation or political theatric, is an insult to a dead border agent and his family. >> tony, you know what, you're lovely but i have to disagree. he actually did, he actually did come forward and say he would release any documents he wanted if issa would give a good faith agreement they would no pursue contempt. >> he would have not have pursued contempt if he had released documents in the subpoena. i don't understand that point. >> this is the political season. heather: marjorie, many of the paperwork released a loot was blacked out. in a letter to speaker boehner, deputy attorney general james coal said holder properly with held documents under executive

privilege which allows president obama to keep private documents on internal discussions. the speaker boehner says the only facts they have come from whistle-blowers and others associated with it. why not just release the documents? and the bottom line question is, does the family of brian terry not deserve to know the truth, marjorie? >> i absolutely believe brian terry deserves justice but unfortunately this was instance of carelessness by the doj. there is nothing, even issa himself said there is not one sled of evidencehat links eric holder to having known anything about this operation. gun-walk something not anything new. this is something that the bush administration had three similar operations. now this particular operation, as eric holder said was appalling and was shut down the minute he knew about it. this is not something new. >> the bush operation was a quarter of the size and did not lead to ounce dp going over over the border that ended up killing american

agents. let he is end this bush blame analogy. the reality eric holder may very well not have known about "fast and furious." we will not know what he knew and when he knew it unless he was transparent about this releasing documents requested in this subpoena. let me talk about briefly, if i can, heather. heather: i have to wrap-up, tony. >> there is it no guaranty this is winning issue of republicans. this is about good government, honoring everybody on the border on the american side to fights to protect our citizens. heather: on that note i have to wrap it up. thanks for joining us. gregg: we think tony is lovely as well. a strong reaction for a top republican over the bombshell health care ruling. why congressman paul ryan said, quote, john roberts contorted logic and reason and what he is now doing to repeal it. heather: nasa on the brink of another space first? the mission to send astronauts further into space than ever before.

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heather: developing right now in "america's newsroom", more americans hitting the road ahead of the big july 4th holiday. aaa saying more than 40

million will travel at least 50 miles this week. that is the most since 2007. tragedy in south dakota. the air force saying one of the its c-130 air tankers crashed over the weekend while supporting kraun crews battling the so-called white draw wildfire. a major shake-up in the financial world. the chairman of the british bank barclays stepping down after accepting the blame for a price-fixing scandal resulting in more than $400 million in fines. gregg? gregg: house budget committee chairman paul ryan throwing down the gauntlet over the weekend blasting the ruling by supreme court justice john roberts that upheld most of president obama's health care law. ryan also laying out the case for the upcoming repeal vote in the house. >> i'm very disappointed in the ruling. i think the chief justice had to contort logic and reason to come up with this ruling. we think we can repeal the law if we win the election.

that is basically what the chief justice said. it is up to the american people. it is beyond the president and supreme court. the american people will be the judge and jury of this law come november. gregg: clark neely with the institute for justice in. he joins us live. clark, thanks very much. for a century the supreme court has set down precedents that give divergeant legal meanings for taxes on the one hand, penalties on the other. they're not, according to the supreme court, they never have been interchangeable yet roberts suddenly makes this decision giving them equal and convertable status. did he not only ignore supreme court history but essentially rewrite the clear text of a law written by congress? >> absolutely. he did both. this was an decision that as best i can tell was written for the sole purpose of avoiding a conflict with congress. he rewrote the law. he rewrote supreme court precedent. the word penalty is mentioned in this law 18

times. it is not a tax. it is a penalty. this law is unconstitutional. gregg: you argued in your column which i read, that the supreme court authorized the most significant expansion of federal power since the new deal. those are your words. forgive me, but isn't it just the opposite? after all the court found both the individual mandate and medicaid mandate unconstitutional. so for decades to come, the power of congress to compel people to do things under the commerce clause will be reined in and power of congress to force states to do things restricted. aren't these enormous significant new limits on federal power? >> i don't believe so. those portions of the opinion, in my opinion are dicta. the court's reasoning and explanation of the commerce clause is not binding on future courts. and as all litigators know, the key is not what a occurred said but what it did. this court upheld the largest expansion of federal

power in 75 years and did so on the basis of a tax theory that is completely open-ended and will provide no limits on future government action. that is an absolutely astonishing result in upholding this blatantly constitutional law. gregg: explain something to me which confounded me. if it is indeed a tax and declared so by the supreme court, the supreme court has no jurisdiction until 2014 under the anti-injunction act which was originated in 1793 and stood test of time for two centuries. didn't the court once it declared it a tax have the legal obligation to defer the case or dismiss it until such time a tax is actually paid in 2014? >> absolutely. the conflict with the anti-injunction act is just one of many internal conflicts of this decision. it is utterly unpersuasive. it is completely ends oriented. unfortunately this was the

result of confirming to the supreme court a chief justice who pledged that his primary commitment would be to judicial restraint and deference to congress. we just reaped the bitter harvest of that pledge. gregg: why do you think roberts did this? you know the stories are floating around. why do you think he did it? >> i don't know. i don't want to dismiss the possibility he was actually convinced that the law was a tax and therefore constitutional. i don't buy it. i think the decision is extraordinarily unpersuasive and not, if i may say so, at all in the style of what we've come to expect from a chief justice roberts opinion. it's a, it has no style. it has no spark. it has no panache. almost feels like a dull grind through the law and very unpersuasive way. i think he did it to avoid the conflict with the other branches. i think he is trying to be states mann like. i think it is disaster for the american people. this unconstitutional law should not have been upheld. gregg: do you think he cared about the integrity and

reputation of the supreme court and he is the chief obviously, than he did upholding the rule of law and following the constitution? >> i don't know. but it appears that way and if that was his desire i think he made a terrible mistake because this decision is completely unpersuasive. it is blatantly internally contradictory. upheld an unconstitutional law and did so under the banner of judicial deference and restraint when the real value should be a commitment to limited government and protection of constitutional liberty. gregg: clark, he wrote a couple of things that have now been interpreted as clear swipes at the president and democrats. i will read one of them. it is not our job to protect the people of consequences of their political choices. elsewhere he referred to political leaders as those can be thrown out of office if the people disagree with them. i don't recall language like that from a chief justice. do you? and what was the message?

>> well, i don't and unfortunately i think it is a copout. essentially putting on the plate of the electorate, the voters, the obligation to get rid of this expensive, unpopular and blatantly unconstitutional law but it was the duty of the courts. this law was unconstitutional. the highest duty of our judges is to enforce constitutional limits on government power. the chief justice failed to do that last week and a i said before we are reaping the bitter harvest of a commitment to judicial deference that elevates restraint and deference to the other branches above enforcing constitutional limits on government power and that is wrong. gregg: as i say there are a lot of conservatives are hailing the decision because it limits the commerce clause and it limits the power of the feds overstates. so we'll wait and see how this thing plays out. clark, good to see you. thank you. >> my pleasure. thanks for having me. heather: new outrage over the nation's first proposed offshore wind farm. why critics are accusing the

white house of bullying and ignoring public safety. we'll have a live report on that up next. gregg: spain crowned the champions of european soccer. they needed something to cheer about, crushing italy 4-0. to win the euro cup. it is the first club in history to win three major international tournaments in a row. >> they can start the party. are you receiving a payout from a legal settlement

or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

heather: welcome back. new calls for an investigation into the nation's first proposed offshore wind farm. it is called the cape wind project. it is just miles off the coast of cape cod, massachusetts, in the nantucket sound. critics are now accusing the white house of bullying

federal aviation officials just so the project swo get the green light. molly line is live in our new york newsroom with more. molly, what are the allegations about. >> reporter: essentially after cape wind proposed the construction, opponents believe the found a smoking gun. political pressure from agenda driven white house. alliance from nantucket sound obtained documents from the freedom of information act she believes proof that the federal aviation administration fast-tracked despite the 400 feet high towers would be danger to private and commercial aviation in the area. >> we have at federal level and state level very strong green agenda. this project is a perfect example of a green agenda at any cost. it deserves scrutiny of a congressional investigation. >> reporter: cliff stearns who led the investigation

about the failure of the taxpayer support the failed solar company solyndra is asking for a probe. heather: what is cape wind's take on the allegations? >> reporter: white house and cape wind are essentially saying dismissing stearn's concerns here. mark rogers, spokesperson for cape wind despite concerns raised by opponents cape wind the problem project has been heavily vetted over the years. >> cape wind has been had the most comprehensive review of any power facility in the history of the northeast u.s. if we're on any fast track i would hate to see the slow track. >> reporter: in fact the faa is again reviewing the project after the u.s. court of appeals overturned the agency's ruling last october that the 130 proposed turbines propose no hazard to aviation. rogers will believe that faa will rule in cape wind's favor regardless of political pressure pro opponents. heather: thank you, molly line from our new york city newsroom. thank you, molly. gregg: we're getting brand new poll numbers just out on

the health care law and how americans feel about the supreme court decision to uphold it and the argument to repeal it. we've got the numbers. what it could mean come november. heather: a desperate recovery underway as forecasters warn millions could be hit by more brutal storms. we're live in one of the hardest hit areas. stay with us.

gregg: fox news alert. new controversy over the healthcare law. the majority of americans now support efforts to get rid of it, repeal it.

this brand-new poll from rasmussen reports just out taken in the days following the supreme court decision shows 52% of voters favoring repeal, 39% oppose it. a brand-new hour of "america's newsroom," hello, everybody, i'm gregg jarrett in for bill hemmer. brad you're with us. >> i'm chil heather childress in for martha maccallum. >> this has to be ripped out by its roots. this is government taking over the entire health insurance industry. the american people do not want to get on this path. gregg: the issue is what would happen in the house, likely such a repeal effort would pass, but democrats have a majority in the united states senate, and it's questionable whether the majority leader harry reid would even allow it to come to the

floor of of the u.s. senate for a vote. regardless of how the polling data seems to shake out. now of course all of this just days after the united states supreme court ruled, we will hold it constitutional not under the interstate commerce clause but the mandate is constitutional as a tax. there was some thought that perhaps the supreme court's im permatur might change polling opinion, in fact it has not. here is brit hume. what do you make of the poll numbers? i note our own fox news poll the eve before the supreme court decision had 60% of americans disapproving, and so the numbers don't really seem to have changed. >> no, the numbers haven't changed on this measure since before it was passed. it has been a history of polling consistency, resistance to this

measure and the numbers favoring repeal reflect that as well. gregg: as to boehner's vow that he's going to try to repeal this thing, sure, maybe in the house. harry reid won't even allow a vote in the senate will he? >> it will almost certainly pass the house as you suggest, gregg, i think a couple of things, one is democrats up for re-election who are prepared to vote to hold onto this thing when it was thought to be a regulation, and a penalty may think better of it when they see it as a tax in the house, so that might swell the vote total in the house a little bit. in the senate, harry reid -- if mitch mcconnell puts a bill in, stand alone bill that says repeal obamacare he's not going to bring that up. there are multiple parliamentary opportunities where a measure can be attached to something else that has to be dealt w. and the belief here is one way earth other he will be able to get a

senate vote for repealing this. that puts 23 democrats up for re-election in a semi uncomfortable position, which is what this is all about. >> do republicans run a risk appearing as though they are show boating for partisan political advantage here, and could that backfire on them in. >> if the public is trying to build a repeal a backfire seems little unlikely. it will infuriate the left but the left already dislikes them. >> over the weekend, paul ryan and john boehner i was watching them on the sunday talk shows. they seemed to struggle at times talking about what they would replace obamacare with. kids get coverage until age 26, preexisting conditions get coverage, a lifetime caps and so on and so forth, do you think republicans would be wise to try to craft a better, more viable message? >> mitt romney has all kinds of ideas on this that he's laid out, and the republicans have

too, you know, they talk about tort reform which would play an important role on this. about making coverage available across state lines which is not now more acable, and so on. they have some ideas on this. remember now that the premise of some of these questions is universal healthcare coverage, and in some sense the country already has universal healthcare coverage in the sense that under state law anybody almost anywhere who has a physical ailment can go to a hospital and they have to be treated. the question is whether, you know, this is the proper way to do it, and obviously it's not, but there it is. and i think republicans, their attitude is let's go step-by-step exactly what obamacare didn't do and obamacare turned out to be terribly unpopular in part because they tried to do it comprehensively. reaches are called upon to do

the same thing. i don't think they'll be in that much trouble for not accepting that invitation. gregg: brit hume, good to sigh. >> you bet. heather: a violent series of storms tearing across the mid-atlantic creating a miserable monday. fostorms blamed nor at least 17 deaths. many people remain without electricity suffering through dangerous heat without electricity or fans. it could be days before everything is back up and running. the nation's capitol also getting hammered, 233,000 customers without power. witnesses are still amazed by the destructive power of the storm. >> tree limbs flying, branches flying, and then a very short time later we began to see flames. flames in front of this house. we began to see flames very much in front of the house down the street. >> steve centanni is just outside of washington in

riverdale parks, maryland. so what is the situation there? >> reporter: heather this is one of the hardest hit areas here. the apartment building behind me had most of the proof blown off from way up behind. the pieces of the roof came flying down into the parking lot that was full of cars. a lot of cars were tossed around by huge pieces of timber, of fiberglass, metal, that came and practically obliterated one car there. there were several cars around the parking lot that had severe tkafrpblg. this park tangle wood awning was to the entrance of the building behind me 100 feet away. now it's down here with a lot of other debris and the cleanup is underway here. 179 units in this building, so about 400 people have been displaced and they won't be allowed to come back until the power comes on in this building. they describe terrifying moments when the roof came flying off when they had to go through darkened hallways with their few

possessions and get to safety suddenly when they didn't expect this to happen at all. of course back to you, heather. heather: you mentioned waiting for the power to come back on. how long before things get back to normal? >> it could be days. this isn't a problem just for this part of maryland, it's a multi-state thing where a hurricane came through a little warning. a lot of people without electricity, including myself, a half a million people in this immediate area and a couple of million people throughout the region. it will be days, probably friday before anyone is back on. no air-conditioning and the heat is very intense. 95-degree weather expected today. no refrigeration, food is spooling. traffic lights are out. it's a mess, i'll tell you that. heather: thank you. gregg: in michigan the problem is hail. people living in the town of new boston won't forget this storm,

hail the size of golf balls covering lawns and driveways, denting cars, breaking windows, causing thousands of dollars worth of damage. >> we seen the hail bouncing off the vehicles, and at that time it was a little late, and all of a sudden we hear the crashing through our window and we come into the house and we have hail flying in through our living room. gregg: and the storm also knocking out power. no word on when it will be restored. heather. heather: with all this wicked weather we are getting some stunning pictures from viewer just like you. check out this. this massive tree root in grandville, ohio. consider this. those boys you see underneath they stand some 6'2" inches tall. if you have any amazing images like this email them to us to you report at foxnews.com, give us your name, location, a brief description of exactly what we are seeing and you may your photos, or videos on the air. remember as always, stay safe. gregg: as power outages add to

the mystery along the east coast the massive wildfire in colorado is just one of seven burning in as many states. that is making things even tougher for emergency crews out there working in already suffocating conditions, and despite their bravest efforts some residents returned to their homes and communities, and many are realizing there may not be much left. >> there with us a young firefighter there who had tears in his eyes. he was up on the fire line tuesday night them. had to retreat at one point, it was so horrific up there. he said, sir we did the very best we could. gregg: adam housley is live in denver with the latest. you are covering the most destruct *eu i have fire in colorado history. what kind of progress is there on that one. >> reporter: the fire in colorado springs, they have made significant progress in the last new days thanks to much better weather. the winds basically died down for three straight days here. they've had a couple of small

rain storms as well to help with the situation. it's now 55% contained. we have video for you showing the u.s. army from fort carson cutting lines around using bulldozers that's near the u.s. air force academy. while they say 55% contained that does not mean there is 45% of active flames, that just means they haven't had a chance to get around 45% of the five. they've made significant progress in the last couple of days. we've also got video from one of the residents on the western edge of colorado springs as that fire record down the hillside last week. one of the residents, 79-year-old bobby finance muc finch got a chance to go back in with a camera. he took video of his lost home. more than 200 homes were destroyed by this fire. bobby finch lost everything including his truck. when he went back in with the video camera yesterday he got a chance to see the damage.

fires burning all across the west. fire season hasn't kicked off in california. here in colorado they are hoping nor the monsoon season to come through. there are reports there could be thunder showers here and rain could be very much welcome. gregg: adam, thanks very much. heather: the state of florida vowing to continue fighting the healthcare law. the governor of the sunshine state rick scott joins us live in studio, we'll ask him what he's planning, plus this. >> guess what, we found that about three-quarters -- whatever you want to talk it now, taxes, fines, penalties, about three-quarters of these costs will fall on the families that make lens $120,000 a year. it's a big bunch in the stomach to middle class families. >> a dire warning from a journalist at the "wall street journal." steven moore joins us live straight ahead. heather: say it ain't so, tom

and katie calling it quits. gregg: i thought it was a match made in heaven. heather: why katie has two attorneys in two different state and what this could mean for the legal bats ahead. ♪ can't live if living is without you. i can't live, i can't give -- ♪ [ jack ] yeah, this is pretty good. [ male announcer ] half a day's worth of fiber. fiber one. ♪

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heather: welcome back. frantic moments in an oregon

fast food change after a wendy's customer apparently assaults a ten-year-old child in the bathroom. some good samaritans actually locked that man in the restroom until police officers and tactical teams to respond. the man told police that he was armed with a gun at one point. he was arrested after more than a two and a half hour standoff. that child is expected to be okay. gregg: new fallout in the sunshine state over the u.s. supreme court ruling on healthcare. florida governor rick scott saying that his state will continue to fight it. attorney general pam bondi appeared on "america's newsroom" last friday with some reasons why. take a listen. >> we still believe it's unconstitutional. it is such an over reach by the federal government. you know, we have a federalist society and our founding fathers firmly believed that states should have the right to do what we feel is best for our individual state. and that's the biggest fear of

this opinion, the biggest -- it's fraught with peril. gregg: we are pleased to have governor rick scott here in our new york studio. welcome to new york. >> nice to be here. attorney general bondi is doing a wonderful job. it's very disappointing what the supreme court did. this is going to be devastating for patients. gregg: explain to me why florida would opt out of medicaid expansion since the federal government in the early years is going to pay most of it. >> you just said it. it's $1.9 billion a year. florida taxpayers are paying federal taxes, they are only going to cover awful it in the first three years. then florida taxpayers will be on the hook. gregg: for only what 10%? >> but eventually we'll be on the hook for 45% of it. so -- look, government healthcare programs, everywhere in the world do three things, they promise you the world, they say we're going to cover everything. then what they do is they run out of money and they under pay

hospitals, doctors and guess what happens they don't want to take care of you. there are fewer of them, like what happened in england and canada. if you care about patients this is devastating for you. gregg: what happens, governor to the thousands of folks that will fall under that mandatory expansion of medicaid, 133% of the poverty level. >> we already have a good medicaid bram that covers individuals up to 133% of poverty. use the free market. make sure individuals know what things cost. make sure there is more competition which drives down price. you care about preexisting conditions, use the same tax breaks as employers so you own your own policies and you don't use it when you change jobs. reward people for not smoking, exercising and eating right. you do those things the cost of healthcare will come down, that is our problem. gregg: are you telling me if florida o opts out, all people

in florida will still be able to get healthcare? >> i'm focused on getting them jobs, that's how they get healthcare. gregg: everybody in florida will get healthcare. >> you get healthcare today, all right. you can buy healthcare insurance. what this is actually going to do is it's going to be more difficult to get actual healthcare. insurance is not the answer, it's drive down the cost of healthcare. you have insurance in countries like u.k. and canada where they say we cover you, but you don't get it because it's rationed. that's what is going to happen. gregg: you're also intending to opt out of the insurance mandate -- the building of insurance exchanges, why in? they don't work. if it was such a grit idea the private sector would do that. and we know that the congressional budget office says if you're going to buy your own policy with these exchanges you'll be paying 10% more, a family will. about $2,100 for for a foa family. you're going to pay more with these exchanges. they don't work. government involvement in healthcare has only caused

healthcare costs to go up and it's rationing carement it's devastating for patients. gregg: let me switch subjectses on you. you have been trying to cleanup the voter registration rolls in the state of florida, and you have been in a big battle withhold hold and holder went to court seeking an injunction and you won. >> we one last week. we all agree none citizens don't genoncitizens don't get to vote in our rehrebgs. elections. the justice came and tried to get an injunction against us, we won last week. the judge said it would be irreparable harm for us not to cleanup our voter rolls. gregg: what is the next move? >> we'll decide next week what the next step is. i want fair, honest elections. i don't know anyone that doesn't. gregg: holder says you're su

suppressing votes. >> i want people to vote who are u.s. citizens. gregg: he says you're suppressing democrat votes. >> i want everybody to vote that wants to vote but only u.s. citizens. gregg: governor rick scott great to see you. thanks for being here. >> nice being here. heather: governor chris christie doing what chris christie does. >> did i stay on topic? are you stupid? on topic, on topic, question. heather: we'll play you the rest of one reporter's no nonsense response from the garden state governor. gregg: taking nass and i to the future. we are going to take a close-up look at a new spacecraft and why nasa says it can send people where no man has gone before. are you receiving a payout from a legal settlement

or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. delivering mail, medicine and packages. yet the house is considering a bill to close thousands of offices, slash service and layoff over 100,000 workers.

the postal service is recording financial losses but not for reasons you might think. the problem ? a burden no other agency or company bears. a 2006 law that drains $5 billion a year from post office revenue while the postal service is forced to overpay billions more into federal accounts. house bill 2309 is not the answer.

gregg: it's 22 minutes past the hour. new evidence that babies who are born a little later than full term may do better in school, a study in the journal of pediatrics find that babies who spend even a week or two more in the womb perform better on math and reading tests once they get to third great. relief for struggling homeowners in california, the golden state set to become the very first in which lenders can be told to stop the foreclosure process while borrowers look for ways to payoff their mortgages. and tiger woods moving closer in the top of the golf world. the legendary player winning another tournament yesterday. third victory in his last seven tournaments. he's won jack nicklauss tournament. arnold palmer's tournament and his own tournament. what a come back. he's going to get come back player of the year, maybe player of the year. heather: you're a big golfer. gregg: i am a big golfer, it was

tied up going into the 15th or 17th, with bo va tph-rbg helt ann helt. tiger pulled it out. heather: moments ago a new spacecraft arriving at the kennedy space center in florida, making its public debut. nasa has big plans, and this animation by the space agency shows the proposed unmanned space flight for orion, the goal to send humans further into space than ever war before. is this possible? joining us is jerry pitt, chief a tron i astronomer. heather: tell us about the orion. >> this is the next capsule to carry americans into space. this is meant to replace the

space shuttle, if you will. the first test for this will come up in 2014, and the idea is to provide a manned capsule that can carry us back to the moon and maybe go on to mars. this is the next step for manned exploration from nasa. heather: i meant the orion, i apologize for that. how far are we talking about going into space? >> when you think about it the possibilities could be that we could go out beyond mars. right now the practical applications would be to try to return to the moon and go on to mars. i think what you'll here more than anything else is sending astronauts to mars. somewhere in there we will have to return to the moon, that will come about 2020. there is also some speculation about possibly visiting an astroid and that could be pretty exciting. going on beyond that is questionable. we have to figure out what are locations where we can get to

relatively easily, safe low and will be scientifically beneficial to send humans out to beyond the risk there would be for going that far. heather: the final flight of the space shuttle marked the end of an era and it was sad for a lot of folks to see that happen. while the shuttle is retiring, nass ace not, right? >> the space shutter program marked a dramatic change in what nasa's plan is. nasa was essentially putting aside the way of getting off the planet from old, from the 1960s, and 70 into a new era. it's an evolution of the space program. what nasa is working on is the easy stuff, launching cargo to the international space station while looking into sinning people on the more dangerous, and more out reaching missions into the solar system. heather: thank you so much for

skwraeupbg us. w joining us. derek pits. gregg: you would love to do it. heather: yes, i would love to do it. gregg: i get sick in an elevator. who will pay for the healthcare law? our next guest says it's going to hit the middle class. heather: a 71-year-old vet proving that once a marine always a marine in an inspiring cross country tour.

>> some disturbing allegations in the re-election of an icon, a

controversial one. the primary win by 42-year-old congressional veteran charlie rangel could now be in doubt days after ballots were cast. there are allegations of voter suppression and questionable votes, and it's going to court, as rangel's long career hangs in the balance. fox news senior correspondent eric shawn who is on the voter fraud beat explains what is the latest. >> there are voter accusations now in charlie rangel's re-election race. he declared victory in the democratic primary for his 22nd term last tuesday night. but now there are charges that votes from supporters of hispanic his opponent were expressed and there are demands for a federal investigation. rangel appeared to win last week despite redistricting and the shadow of that censure by the house in a tax and ethnics scandal two years ago he defeated the first dominican to s*efr in congress i serve in

congress if he what's elected. they charge that some of the hispanic voters at the poll who speak spanish were not allowed to vote on the machines but were told they had to pill out paper ballots. votes in some of his strongholds were counted days later. after new york city columnist and fox news contributor michael good within says this mess can undermine the credibility of the election system. >> even if we get a result that people in the end have to live with they may not trust it, and that's just not good, that is never good for democracy. if people think their vote doesn't count, if people think something is stealing votes or buying votes or that the machinery doesn't accurately record their votes, this is a real blow to the faith in the system. we need to believe in the system for it to work. >> reporter: the campaign will go to court this afternoon to try to get the ballots secured and they want a monitor to supervise any recount, gregg.

gregg: what are the numbers, eric. rangel's lead has been narrowed to just 802 votes. and there are still more than 2,000 absentee and affidavit ballots still to be counted. late last week the congressman told a local tv station he's waiting to analyze the numbers. but help hope it will turn the race to their man espaillat. we read every email and report at voter fraud at foxnews.com. gregg: thanks very much. heather: $1.1 trillion is what the congressional budget offices mates that the insurance mandate in the president's healthcare law will cost the taxpayer over the next nine years. here to weigh in senior moore senior economic writer for the

wall street junior. thanks for joining us. >> hi, heather. heather: president obama assured us that he would not raise taxes on those making lens $200,000 a year. you say a significant percentage, significant of the burden will be shoulders by those making $120,000 or less by the year 2016. take us through the numbers. >> well this has created quite a ka number drum for the white house. as you said on the one hand during the campaign the president said that no one who makes under $200,000 will pay a dime of new taxes, but guess what the court decided on thursday that this is a tax increase, and you're quite right, it's over a trillion dollars over the next ten years, and by the way they are not just my figures, heather, they are the figures of the official scorer of the congressional budget office that says that about 75% of the taxes will be paid by people who make less than $120,000, and by my calculations about half of those people are making somewhere

between 25,000 and 75,000 a year. heather, that is the middle class. >> the primary reason that the bill was upheld was because it was determined to be a tax by the supreme court. >> that's right. heather: a lot of debate today whether we call it a penalty, a tax, whatever. so were we sold a bill of goods. >> i think we were. it was interesting this weekend on some of the sunday talk shows, administration and white house spokes people said this isn't a tax. just on thursday the court said that it is a tax, so nobody knows whether it is or isn't. it's quite a strange situation we face right now. the main point is for people watching the show is if you don't have health insurance, if you choose not to buy health insurance, starting around 2015, if you're a family you're going to pay about 2,000 to $2,005 more a year, that is 2,500 dollars a year.

that is a big hit in the wallet by 2015 or 2016 they go way up. think of a family of an income of about $35,000 a year. they are already facing a tough time paying their bills in this bad economy and then you wallop them with a $2,500 tax increase, i don't know how they will pay that bill. heather: i want to switch gears here. reading from your op ed. the remarkable decision upholding the affordable care act is shot through with confusion. the mandate that is really a tax except when it isn't and the government whose powers are limited and enumerated except when they aren't, one thing is year that this was a one man show and that that one is john roberts. >> it was an amazing decision. everyone is mystified and still scratching their head four or five days later how he could have reached this decision almost on his own. but what is so interesting now

is nobody can figure out whether this is a tax or not. if you go back to the 2008 campaign the president said that he won't raise taxes, then he said when he was debating the healthcare plan and they were passion it through congress that it was not a tax. but then before the supreme court the solicit tore general who works for the president says that it is a tax and this weekend they are saying it's not a tax. if people are confused by this there is a good reason. the white house changes their tune every two weeks. heather: answer it for us, is it a tax? >> i think it is. i think it's going to feel like a tax. the people are getting the government sticking their hand in their wallet and taking $2,000 out, in my way of thinking when the government is taking money from you that is a tax. heather: simply said. thank you very much steven moore, we appreciate it. gregg: if the democrats and the president are saying it's not a tax then the law is invalid. you can't have it both ways. getting a taste of the garden state governor's wrath. we'll tell you what happened when one reporter went off topic at a chris christie news

conference. that is always a bad idea, and why it's got some saying deja vu. heather: one of hollywood's most high profile couples headed for divorce court. we will take a look at the legal mess that could be in store for tom cruise and katie holmes. ♪ love hurts, love wounds. ♪

gregg: new jersey governor chris christie is famous for his, well, brutal candor. a reminder of that in a news conference about a water emergency in the state. the governor lashed out at a reporter who asked an unrelated we. take a look. >> did i stay on top stpheubg are yotopic? are you stupid? on topic, on topic. next yes. good, thank you all very much and i'm sorry for the idiot over there. take care. gregg: stupid, idiot. yeah back in march christie called a former navy seal an idiot as well during a shouting match in a down hall meeting. the governor says he has no regrets. a little anger management might help the governor. it seems like he better a little hot under that big collar of his. heather: is his honesty pre freshing. gregg: it can be, as long as it's appropriate. calling a navy seal an idiot is awful. heather: that isn't appropriate.

there r-r tremors in tinsel town this weekend after the split of hollywood's high profile couples. katie holmes and tom cruise. attorneys say they have faith in cruise's cooperation but they have to be ready for any risky business. joey jackson is a defense attorney, and family law attorney as well. joey i'm going to start with you. tom cruise took the lead in his first two divorces, this time it's katie holmes that has filed first. >> it happens from time to time. he was blindsided. he's interested in scientology and apparently phersed himself in it and there is some dispute as to whether or not that is the appropriate fit for the child to be inch tock train naturebe

indoctrinated in. they have a program where she would be away and with other children that was a bit of a course of skerpb for concern for her, and to thwart that she filed for divorce. heather: she filed in new york, what does that mean. >> she wants first of all primary custody here in new york. reports are that she moved into a new unit or apartment here in new york and we wants to make sure that she files here and files here first, so that if tom cruise does apparently has it he's going to file in california, it may be the jurisdiction will prevail here, because i think before there is dispute over the custody they are first going to have to decide whether exactly this divorce is going to be heard because they do have a residence in l.a. as well. in the meantime i think what the judge will most likely do is enter into some kind of temporary order preventing mr. cruise from take being the

child into this like weird organization. heather: she's six years old, suri would be taken away and sent to this in-depth scientology school. what does this mean for scientology, what do you think the outcome will be for them after all this. >> ultimately what will happen is, their obligation of course is to do what they do and that is to promote their faith and encourage people to stay involved in it. however, they'll be on the outskirts of this. i think they will run -- they'll be the centerpiece of this whole thing because i think that's where the dispute really emanates for, whether or not it's in her best interest, that is suri to be part of this or not. tamara races raises. there will be a resolution that she will not go until a determination by the judge and that will involve a big, long hearing fit comes to that. >> you bring up an interesting

point about scientology itself. there is this weirdness aspect to it, the common american may think about that. but the courts really generally are not supposed to make decisions based on whether one religion, whether it's christianity, or scientology is right or wrong, there is that separation but the courts are going to have to make sure to keep that separate. heather: let's move beyond scientology and custody of suri and talk about money. there was apparently a prenup. she gets $5 million for every year of marriage. that would be 15 at this point. what do you expect to happen there. >> ultimately what happens is. it's interesting how we always talk about prenuptial agreements. what is the good of a contract if it's not enforceable. the only time it would not be enforceable is if it was unconscionable at the time it was entered into and signed. that should address a couple of things. the one thing it should address

is who gets what. it's six years of marriage, it's about $18 million. it should address the distribution of property and other issues prior to them entering into the marriage and address the choice of law, meaning even though it was filed, that is the divorce in new york, the prenuptial agreement could address what april lickable rules of law will apply to the dissolution of this whole relationship. heather: what do you think. >> it's if it was unconscionable or if she was put into duress when she entered into this contract, and i highly doubt that she is going to make that allegation when shy gets $18 million. >> he's jumping on couches, come on it was a relationship found ned love. >> at that time i'm sure she is going to be happy to take the dough. heather: don't know if he'll be jumping on couches this time around. we'll see what happens. the tomkat. gregg, what do you think. gregg: i can't way i was so shocked that they broke up. i thought it was made in heaven. let's go to jon scott who is telling us what is happening on

"happening now." jon: or maybe made in some astroid i'll i'm not sure. thanks very much. they are digging up, cleaning up and trying to get the lights and air conditioners back on. millions of americans sweltering without power or lights this morning after a series of terrible storms, and in the midst of a heatwave, the fires continue to rage out west as people try to pick up the pieces there. and new reaction to the big supreme court decision on healthcare, as we get new reports on the chief justice and how he made his decision. also, a fireworks ban lift ne lifted in one state reinstating a traditional 4th. some are not so happy about it. we'll tell you about it coming up. gregg: a growing mystery of a missing millionaire. a boat run ashore, a family fight overall that money and allegations he may have actually staged the whole thing, we are live in florida to try to sort it out. heather: plus looking forward to seeing this movie, top at the box office this weekend "ted"

the comedy about a talking teddy bear brought in more than $54 million. disney's "brave" moved down to the third spot. gregg: you're really going to see that. heather: absolutely. >> that totally work. >> it does. >> you put brewski at the end. >> you're saying funny names.

gregg: a huge healthcare company is paying a huge fine, some breaking news, glaxco smith kline will pay $3 billion to resolve and plead guilty to three criminal charges for fraud. the company's unlawful promotion of certain prescription drugs, failure to report safety today the a and civil liability for false price reporting practices,

all of this announced just minutes ago by the department of justice. 3billion, and that would be the largest resolution or fine in the healthcare industry ever. heather: to an inspiring story now about a 71-year-old former marine wrapping up a 100-day cross country bike ride in san diego. the marine raising some badly needed funds for our brave men and women in uniform injured in the line of duty. rick hermellon saying that it's not only a worthy cause but a way of life. >> i've been a runner for 35 years before that, had completed a hundred marathons, a hundred half marathons, a hundred 10ks. that's the main reason, have fun, enjoy life. if you don't have good health and you're not in shape it's difficult tone joy life. >> first i was skeptical because he was 71 years old. then he said he was a former

marine, and i'm a former marine and i figured he probably could make it happen. heather: he averaged 33 miles a day and relied on the kindness of strangers for food and shelter. the ride raised $10,000 for the sepl pesepl per tpaoeu fund. gregg: investigators looking into the bizarre disappearance of a multi-millionaire. he vanished without a trace on june 19th, his boat ran ashore on a florida beach under mysterious circumstances. his relatives fighting it out in court over the missing tycoon's fortune. phil keating is live in north lauderdale, florida. any evidence found of trauma or foul play? >> not a single drop of blood on the 31-foot fishing boat bee longing to the man. when it did wash up here on the beach about two weeks ago at 1:15 in the morning both engines were running, the lights were on, his cellphone and wallet were on board but there was no

man. did he stage his own disappearance? did he submit suicide? did he accidentally fall overboard? it's a millionaire mystery. >> i love you. >> reporter: he was the one-time executive of the year by oil and gas investor magazine. he had about $200 million left after he and his awning he will and some investors sold their oil and gas company for $2.5 billion several years ago. he also invested heavily in the pro soccer and basketball teams in israel. he is a jewish man. he refound his jewish roots and his mother brought him here from brazil. right now he suffers from bi-polar. no one is really sure whether the bi-polar disorder led him to be so distraught. you can see him pacing outside of his mansion before he got onto his fishing vessel that

evening. he left about an hour before sunrise, perhaps to clear his head, to take a little pleasant boat ride out here. no one is absolutely certain, including the four fort lauderdale investigators. gregg: it's only been ten days. i know it seems like a long period of time to some, but his wife and mother battling over his millions? >> reporter: what appears to be a gold rush by so many is actually according to his attorney, just making sure that the assetts, the $100 million he still has left is not squandered or redirected by any persons of ill intent. they were in court last week. tears in the courtroom as they were battling it out, and here is the attorney for the mother claiming the wife was intending to file for divorce. >> just before leaving on his vote mr. aguilar had a conversation with his mother where he told her that he was

just told by his wife that she would be filing for divorce in the morning. >> reporter: according to his friend, jerry levine who shot some of the footage that you saw he was making a little documentary about the man's life. he says his bi-polar disorder could be spiraling out of control, but when he was stable and not suffering from that he was an absolute diamond and a genius type of a guy. gregg: phil keating. the mystery continues. thanks very much, phil. heather: you've heard of bounty hunters and big game hunters, but what about astroid hunters in outer space? former astronauts teaming up for a new mission. are you receiving a payout from a legal settlement

or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

>> a gold medal runner making headlines for all the wrong reasons. you can see the algerian-born athlete crossing the finish line right there. the 3,000 meter steeplechase in helsinki. deciding what better way to celebrate to shove the mascot who looks like a carton of milk. inside the suit, a 14-year-old girl was in there. runner has assaulted other mass cots before. even his competitors in the past. he could face a penalty for the latest stint. >> kick him out for all future races. you can't assault a 14-year-old girl and all the other people he allegedly assaulted. >> you're an attorney. you would know.

>> get a better attorney than me. "happening now" begins right now. have a great day everyone. >> bye. jon: the political fallout continues from the supreme court healthcare ruling. republican lawmakers promise to try to repeal the law. the white house basically says, bring it on. jenna: a storm of incredible intensity slamming there you a white section of our country. 17 people dead. millions still without power. we're live this middle of the stunning aftermath. jon: also ahead of a big family-oriented holiday many families in colorado returning to find nothing but ashes where their homes stood a few days ago. we'll bring you the latest in the fight against that monster fire and tell you how you can help the victims. it is all "happening now." jenna: glad to have you with us, everybody. the supreme court certainly made its decision on health care but the debate over the issues overall rages on.

we're glad you're with us on this holiday week. i'm jenna lee earns we'll hear about it for quite a while. i'm jon scott. republican lawmakers say voters and not the high court will have the final say on the health care law in november as they lay plans to try to repeal the controversial law. democrats meantime like the supreme court's ruling. they call it a victory for the american people but they don't like the court calling the individual mandate a tax. leaders from both sides staking out their positions on the sunday talk shows. >> the president said it was not a tax. the supreme court which has the final say says it is a tax. the tax is going to be levied, 77% of it, on americans making less than $120,000 a year. >> it is a en nalt that comes under the tax code for the 1%, perhaps of the population who may decide that they're going to be free riders. jon: shannon bream live for us in washington now. shannon, the administration, how are they responding