executive power or another way to placate the base. scratch that. we noe which one is on john boehner's mind. it's wednesday, july 16 and this is "now". >> the lawsuit is preposterous. >> grand opening of the john boehner lawsuit against president obama. >> the president has gone too far. >> today will be a sort of opening gambit of political posturing. >> the constitution does not give the president the power to rewrite the law. >> this is a partisan political stunt. >> intentional refusals to enforce laws such for example as governor romney has played. >> what i will do if elected president, i will act to repeal obamacare. >> that would violate the laws. >> is delaying the employer mandate unfaithful? >> good faith, prudent, reasonable phasing in adjustments are routine and appropriate. >> house gops ready to sue to implement a law they don't like.

>> the president was reelected, obamacare is the law of the land. >> if i were president obama, i would counter sue. the house leadership for its gross incompetence. so now today the house gop took its first step toward launching a lawsuit against president obama. the house rules committee debated the merits of the suit and one question in particular. is it a partisan political exercise. surprising, exactly no one republican chair pete sessions and ranking member louie slaughter vehemently disagreed. >> this is not a political issue. this is not an issue that should pit republicans against democrats. >> guess spilt the fawe think t political exercise before us. >> but as constitutional law experts on oppose sides argue, the lawsuit which accuses the

president of overstepping his authority, that does in fact raise certain constitutional concern, ones that don't always divide along partisan lines. >> i happen to support most of the changes president obama has ordered. this body taking a stand is a welcome change. as much as i respect the president, the arguments he is making over presidential authority are extreme. >> you note this had was not a democratic or republican issue. and i think that is certainly true of the issues.this had was democratic or republican issue. and i think that is certainly true of the issues. allowing this kind of suit by the congress every time it disagreed with how the president carried out the law would be a radical liberalization of the role of the judiciary has played and it is a transformation that this committee and the house should decline. >> executive power aside, it is unclear that anyone really believes that house republicans are truly motivated by something other than partisan gain. >> this is politics. pure and simple.

this is not about constitutional law. we all know why we're here. we're here because my republican friends do not like promibarack obama. they don't like the fact he was elected twice, that he's more popular than they are. if i were president obama, i would countersue. >> as a refresher, not a single republican voted for the affordable care act. the house has staged over 50 votes to defund or repeal it. they shut down the government over it. not to mention the fact that the delay of the employer mandate, the thing at the heart of the lawsuit, was approved by the house just last year. not only that, but as politico reports, if the gop were to prevail, businesses could be hit with new burdens and costs sooner than they otherwise would. the republican his pock accurly democrats. >> they spent four years to repeal it, to derail it and no

they are suing the president to implement it faster. it makes no accepts. . >> the rules committee will vote on it next week and then it will head to the house floor. joining me now is the co-host of the cycle, ari melber, and karl haas. karl, let me start with you you. in terms of what sort of happens next on this political theater, one would imagine it proceeds, proceeds, proceeds and then is dead on arrival when it gets to a judge. is that fairly accurate ? >> i think today's hearing which was an unusual rules committee hearing anyway to have outside witnesses, they don't normally do that, so they will have a vote next week and the rules committee to approve a resolution, send to the floor the next week i'm told by the leadership staff, and then they would vote on it. so it will turn out to be one of the last things they to before

going on summer break. and then i think the question becomes what does the court do. does the republican party have standing to sue the president on an issue like this. a judge could throw it out, it could be over. but the courts will have to do that. >> are democrats worried that the judge might rule the republicans do have standing? >> i think democrats i think the suit as much as the republicans in some ways. this is a great funds raiser for them. like talking about impeachment. i get an awful lot of press releases about we have to stop john boehner. so i think the democrats are not particularly concerned about it and i think they're sort of taking advantage of it right now really. >> ari, as a legal eagle, what was interesting about the hearing today is that you had liberals like jonathan turley, a l law professor, arguing in support the suit constitutionally and against the president's use of executive you

power. and then you have justice scolia basically opposed to furthering the suit and actually seeing it argued in the court of law. and i think that has to do with the very kind of cross wents wi politics. >> this suit is stupid and disingenuous, but we have a constitution that protects a lot of stupid and disingenuous conduct. i think it is likely that the suit could find a green light to proceed. so, yes, they will find that they are allowed to sue. and then ultimately lose. i think to your political question, if they lose on what is called standing, on the idea that they can go for court, then they have to appeal that. and they're appealing something that is very technical and boring and really takes some of the energy out of the whole point rkt whi point. it will be an appeal about administrative law and separation of powers and what kind ever haof harm the preside conduct has to do to one

division of congress in order to allow it into court. that is not that politically tea party sexy. >> as opposed to normal sexy. >> a legal term. >> you you mentioned democrats are liking the lawsuit as much as republicans, but it seem z like republicans like it only up until a certain point. because if it is granted standing and goes to a court and the judge finds that the president does not have -- has overreached on his executive power, the next logical step is, a, to overturn the delay in the employer mandate which republicans do not want, or republicans would be left with an option to actually impeach the president which i think they don't want. do you think that's fairly accurate? it only works for them 75 respect about of the way. >> i think leadership republicans don't want to impeach the president. rank and file would. this is a proxy for impeachment by john boehner and the leadership in some ways. this is a way to take on the

president in a way that isn't quite as explosive as impeachment. i do think that. but in speaker boehner's defense, he is an institutionalist. there is an element to this. i know there is a lot of political elements. but there is an element that they say as a branch of the government, as an institution, we'll step up and protect it. as far as the actual employer mandate, this thing would be -- the mandate will already be in effect by the time this would be decided if it actually plays all the way out in court. so in some ways that's kind of moot. >> and on the institutional point, that could be valid and there are individuals who may feel that way. speaker boehner is on record for the very thing he's suing against. so he wouldn't count on the public record available as an institutionalist here. and there is a thing on the d"t daily show" where they will show a politician saying one thing

and they said the opposite a couple years ago.iticspolitics, laugh at that. but the problem for speaker boehner is they're going into a court where that thing is called precedent and that thing actually has a legal consequence. >> and would complicate things. >> so when you look at the record, epa, medicare part d, several areas where things get pretty technical and administrations in both parties have taken extra time to work it out. and if you're doing that in good faith a year or two here or there, there is a lot of precedent for that. so on the merits, about if they do get to the merits that's their problem. if it did get to the merit, i think legally it would be dismissed as a political question and not the court's problem to deal with. >> karl, the third part of this

is the fact that we're now talking about the aca again. and we know the republicans loved and i'll use the past tense to talk about the aca. things have changed a bit in terms of landscape. numerous polls find that 78% of those newly enrolled are satisfied, including 75% of republicans. do you think this is still a potent get voters to the poll issues? >> if you play the time frame out a little bit, i think republicans are positioning thatha thinking that mr. might be rate changes, and we'll talk about the suit again. maybe it will become a more potent issue. s so republicans have rethought it. my favorite part of the hearing was when the question was asked

if ted cruz can summarily overturn the aca act right after taking the oath in 2017. so they are thinking ahead. >> the note president ted cruz, hearing that -- >> was i the first person to say that in sn. >> you're not the first. maybe you'll be the last because it gives my waking nightmares. nang you both for your time. after the break, republicans have a new tool. linking unaccompanied child migrants with infectious diseases. i'll ask bill richardson about the immigration battle and gop's continuing war on facts. (vo) you know that dream... where you're the hero? hey... you guys mind warming this fella up for me? i'm gonna go back down, i saw some recyclables. make it happen with verizon xlte. find a car service. we've doubled our 4g lte bandwidth in cities coast to coast. thanks! sure. we've got a spike in temperature. so save the day... don't worry, i got this...

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first the right wing

conspiracy about the tens of thousands of up accompanied child migrants was that president obama had orchestrated it all. then there was the theory that the kids were not actually from central america, but were from the middle east and that they might have ties to terrorists. and now the latest baseless paranoid theory is that these children have the e bol la virus. a retired physician wrote reports of the illegal immigrants carrying deadly diseases are particularly concerning. sure, they would be particularly concerning if they weren't complete nonsense. according to the medical professionals, his claims are die bunked by the fact swine flu is not in season, epoll la virus does not exist in the countries these children are coming from.

and they're quarantined if found positive. well, disease fearmongering is particularly egregious coming from a trained medical professional. the award for most embarrassing moment on the issue of child migrants at least this week grows to arizona state legislator and republican congressional candidate adam quazmam. >> i could see some of the children in the buses. and the fear on their faces. this is not compassion. >> reporter: just one problem, those weren't migrant children. they were ymca campers. >> they were sad, too. i said i saw children. i saw children. >> but my grant children oig. >> that's fine. >> joining me now is bill richardson. governor, always gate it tagrea talk with you. this whole humanitarian crisis

has stirred the pot of very long held divisions in american society and part of me thinks when you look at the sum total of evidence, that a huge part of the consternation has to do with race. these people are bringing diseases here, they may be terrorists. it's a grab bag of paranoid theories. but it just basically comes town to the division of us versus them. >> i was a border governor.town to the division of us versus them. >> i was a border governor. and i had to deal with all this right wing fear mongering, you know, the terrorism, everything from diseases to terrorism. there is one area that has been very unpleasant that has been brought in and that is the role of these traffickers. that is the role of these predators that bribe themselves into the process by exploiting these women and these kids, bringing them across the border,

making money, thousands and thousands of dollars. and being the real villains in this story. i would put more money on finding ways to encounter these people, to charge them, get the central americans to work more on this. but a lot of what you said about the health, ebola virus, this is again the tea party and some of the strongest elements out there that don't want to see comprehensive immigration reform, period. >> but the argument that they're disease-bringing newcomer, unlawful immigrants that will poison the rest of the population, it's been long held. in the new republic, with each wave, there are public health excuses. in the 1830s, coholera was

described as an irish disease. the underlying sentiment is true. dunk th do you think that's true? >> no. why don't all these individuals spreading all the fearmongering look at the positive side of immigration reform. for instance skilled immigrants, real barriers or caps on them being able to stay in the united states. these are individuals that are highly skilled in compute are and medicine, but they can't get their green cards or visas extended. and it's authoreded by republicans in the house. chairman of the judiciary committee. but, no, they go cuss on the negle focus on the fearmongering, let's have america be pure. when we're a nation of

immigrants. we're made stronger by immigrants and this is an opportunity to really improve america's economy. a bill that reduces the did he ever sit, creates job, more social security comes in to the treasury. >> and there are thousands, millions of dollars worth of arguments in favor of comprehensive reform and yet the sort of only bipartisan thing floated lately, what do you think of the plan to he saamen 2008 traching trafficking law? >> they want to pass the bill, but they don't want to give the president what he really need, he needs more funding for

immigration judges, for fundses to go after the traffickers, for the ability to process the broken immigration system that exists with this humanitarian crisis. so, look, i think possibly the president should get a little more flexibility in dealing with the depore tees. but the hcongress had to not gie just a few pennies for more border security. you need the immigration judges and the process -- >> if we're focused on the immigration judges aspect, you think the answer is to get them to trial quicker and potentially deport them faster? >> not necessarily. this original bill that was passed by president bush, he pushed it, was the right thing

to do. it was protecting these kids from sexual traffickers. the problem is that these predators, these smugglers, these illicit players got in and said, hey, we have a loophole to keep kids detained in the united states and then nobody will process them because there aren't any judges, there aren't any detention centers. the immigration system is broken. so they exploited a situation that today is exacerbated by the 50,000 children in the united states and no one's doing anything. >> it is a complicated question in complicated times. bill richardson, thank you as always. >> thank you. we have some breaking news to report on the heels this morning, news about the killing of four young palestinian boys on a beach in gaza by an israeli air strike. israel has just announced a temporary humanitarian cease fire that will be in place for five hours tomorrow. during that window, israel will

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when the u.s. district judge ruled there was enough evidence of mental illness to warrant a hearing. today a three judge panel of the eighth sir consuer cut court ct had appeal. if middleton is not executed by midnight tonight, a new execution date would need to be set. only florida and texas have performed more executions in 2014. just ahead, ultra conservative kansas governor sam brownback is facing mute any from hundreds of people in his own party. chris hayes joins me to discuss what went horribly wrong when the gop finally got exactly what it wanted. [guy] i know what you're thinking-

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what's the matter with kansas? some republicans are starting to realize that it may be their republican governor. after sweeping in to office with more than 60% of the vote in 2010, governor sam brownback embarked on a statewide conservative experiment. in 2012, the kansas legislature held by republicans slashed taxes by 25%. it also eliminated a tax on small business income, something no state has ever done. in 2013, the legislature cut taxes again. brownback promised a shot of adrenalin to the heart of the kansas economy. what the state got instead was a painful shot of reality. over the last year, kansas fell short of its anticipated revenue to the tune of $338 million.

citing a lack of confidence in fiscal management, moody's downgraded the state's credit rating. and you now the state republicans are rising up in revolt. more than 100 republicans including current and former office holders announced they will support brownback's challenger, paul davis. one of them told the "new york times" yesterday i think sam's experiment as he's called it is backfiring on us. joining me now is host of msnbc all in, chris hayes. you're our resident expert. >> i like to think of myself as hayes hayes zer. >> you have democrats saying we'll elect a moderate republican and you now you have

moderate republicans saying we're going to elect the democrats. >> so there is a political back story here that we shouldn't leave out. there shall tare the policy ramificatio ramifications. brownback is in trouble in the polls. but there is also a political back story which is that brownback did something remarkable. as sitting governor, he backed primary insurgent candidates against incumbents who were republicans. this is simply not done anywhere. like you are a good team player. you do not back challengers. a lot of those people won. and so right now he's paying the price politically for taking that risk. >> steve moore ris rris is one casualties. one of the koch brothers flew in and made life difficult for him. unsurprisingly, steve morris is

now backing paul davis. but to the dramatic and precipitous failure of conservative economic policy, this is the best referendum ever and yet today, reagan didn't turn the country around in the first six months of tax reduction. i think we're in fine shape. >> reagan cut taxes dramatically, he increased spending on the military, but he opened up mastiff deficits that had to be sutured together later by h.w. bush. >> read my lips. oops. >> exactly. so in some ways it's ridiculous this should be a story. you massively cut taxes, you create hugement a amounts of deficit. it's about second or third grade

math about how you subtract. my favorite part is the talking point that comes from brown back owing when he has to defend his record. he goes, oh, we are incubating small businesses like crazy.his. he goes, oh, we are incubating small businesses like crazy. small businesses don't have to pay taxes, so everybody is incorporating as small businesses as a tax dodge. not any evidence to suggest there is new entrepreneurial ship being created other than people reincorporating small businesses. >> wonder if it even matters. sam brownback will stay on talking points. oh, small businesses are mushrooming around and nobody will call him on. although i guess republicans, people in his own party, are saying enough. this is the straw that broke the camel's back. and one of the things is education. and seems like cuts to soerl program, cuts to education programs were the things that pushed republicans over. >> i think in a certain kind of east coast corridor, there is an

association of teachers and teachers unions with democratic constituencies, innercity kids and inner city teachers. out in kansas, teachers aren't a politicized profession in the way they're thought of in the big city battles. teachers are the people who teach your kids in the neighborhood. they cut education funding so much, the state supreme court found their education cuts in violation of the state constitution and required them to raise money. kansas has allege had high education in national rankings. that has started to slip. picking on teachers in kansas is not a political winner because now they are stalking him around the state. >> he seems to have retreated to the corner where he can go around and pal around with rick santorum who said, quote, sam

takes on dragons. he is the warrior. so when the conservatives sort of fiscal mantle is falling apart or crumbling, wear the cloak of social conservatives and maybe that will get you votes. i just wonder if you think that is enough. like the exodus of republican support can be shored up by base voters who will come out and anger will propel them. >> so it's clear he's alienated a hugement amount of elite establishment. polling suggests he's also alien natu alienated voters. he's in a neck and neck fight with paul davis. it will be a very close race right down to the last weeks. >> there is also something that sam brownback was supposed to be the guy in the lab cooking up -- i won't do a breaking bad

metaphor, but he was the poster child for here's how if worif is so well. but wonder if this is a message to conservatives that whenever this stuff is instituted, it didn't work out. >> this struggle has gone on for five years at least. an ideology born under ronald reagan when tax rates were higher federally and locally, they were the tax cutting party. then they won a series of calls in which taxes have been slashed and slashed. they are now lower. the problem is the single most cardinal principal emof republican fiscal policy remains at a certain point you he said up on the zero balance which is happening in kansas. sam brownback said he wanted to get the tax rate to here row. so eventually you run into

bankruptcy. >> paul davis' polling, 47%, sam brownback at 41%. >> no one knows anything about paul davis. >> you could run as mr. not sam brownback. >> chris hayes, thank you as always. be sure to catch chris tonight on all in at 8:00 p.m.. coming up, rebellion at gitmo. sfx: car unlock beep. vo: david's heart attack didn't come with a warning. today his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen.

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up to 90 respec% of companies t birth tcontrol. following the vote, harry reid vowed to fight on. >> i understand republicans want to run and hide from this issue. and i can't blame them for that. but we're not going to let them sweep this under the rug. we are going to vote again on this issue before this year is out. >> the three republican senators who voted with democrats remain susan collins, mark kirk and lisa murkowski. coming up, chicago is already on pace for one of the bloodiest years yet. i'll talk with common about the gun violence and his role in his new album when he joins me in studio next. but first, courtney reagan has the cnbc market wrap. >> here is a look at how stocks stand going into tomorrow.

all gaining in today's trading session. dow jones industrial average up more than 77, s&p 500 up more than 8, and nasdaq up more than 9 1/2. that's it from cnbc first in business worldwide. (vo) get ready!

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more than 30 people were shot this past weekend in the city of chicago, three of them fatally. this comes after an independence day weekend that saw more than 80 shootings. that brings victims to 1254 this year. police superintendent gary mccarthy all but threw up his

hands last week. >>s eye groundhog day here in chicago. i come here every week. >> but the gang violence in the city that practically invented gangs has inspired more than happen hand wringing. next week common will unveil an album in which he recounts a story of a friend who loses his l life to gun violence. ♪ i stood over him just like the sofa the keys for my life to d end ♪ >> joining me now to discuss his new album nobody smiling is common. great to see you. thanks for joining me. >> how are you doing? >> i'm good. this is a tough subject matter. we talked about this on my show

before. epidemic of violence. wonder how all the violence informed your creation of this album. >> well, being that's the city i'm from and i hear about the deaths, but i also feel like the deaths because it affects people that i know. just when you know it as people dying, innocent people dying, people living a way of life with guns and like willing to kill each other, i owe to chicago to do something. this is the music that -- the activism is the most important thing for me. like figuring out ways to solve and heb -- >> and bring attention to what

is going on. >> the album is definitely an intention getter. i'm not saying the album is not -- of course it's music, but also there to bring awareness to to the situation and discuss it and say, hey, we can't ignore this. this is happening right here where we are, where our president is from. >> a major american city with 1254 people shot and the year is only halfway over. you worked with a lot of chicago artists on this album. when you talk to them, part of being an artist is you see the world around you, you translate that into music. how do artists in chicago are surviving this? >> i think a lot of people look at hip hop as the way out and the way to express yourself. and the thing that troubled me

the most is really that when i listen to some of the younger artists talk, they feel in general, they don't really look and position about like, okay, man, i got something to live for. and when you hear somebody position like that, it saddens you because as a teen, you were always dreaming of being something. i dreamed of being a hip hop artist. i went to school to study business management just because i knew i had to grow and wanted to be something. and to hear somebody say i don't even know if i'm going to be here tomorrow or i ain't thinking about tomorrow, it's sad. >> what about lil joe joe had a feud and ended up being killed. there is a part of -- parts of chicago hip hop that is violent,

where there are beefs that play out online, there is like the waving of guns and i'm not a person that blames hip hop culture for violence, but there is an intersection, right? and wonder as someone from the city, what is your dialogue with those artists? what is your thinking about that intersection? >> for me, the intersection is first of all i have to understand art is an expression and i would never halt anybody's thoughts and freedom of speech. when i get an opportunity to talk to them, i listen more than i talk. because like sometimes you come in and you start telling them what they need and it's like they're like, come on, man. you don't know. you ain't with us, you know. and my thing is like to listen

and also provide examp speles a and he was. i never judge because i haven't walked in their shoes. and as people in america and as, you know, like adults should not do is like, okay, man, why these kids acting like that. that's just a black problem. no, it's like if you haven't walked in the shoes of these people, we definitely shouldn't judge. we have to show a certain compassion and understanding and try to figure out a solution. some of that just comes by example. i grew up in the same areas of chicago. i grew up on the south side. and the south side no matter what area you in, it's violence and drugs. but i was exposed to new things. i was blessed to have a mother and people that exposed me to new things. >> and i think what you said about people not feeling like they're going to be here

tomorrow or not having an aspiration, the darkness of that, that you would be living life without sort of purpose our feeling like you could survive, i just wonder as someone from chicago, when it's someone's hometown, to see what is effective will a massacre of a certain segment of the population, even from afar, when you're not there, how does that make you feel? >> yeah, i mean, that's my home no matter where i move to, that's my home. that's where high heart is. i always feel connected to that place. and it makes me feel sad at times, i feel hurt, and then at the same token, i feel like i have to do something. makes me feel like what's my responsibility in this. because at the same time token, some of it is because like these younger artists and younger people didn't have people sitting there saying, hey, this is how you do these things.

>> starts with guidance. starts with the light. to paraphrase an old common track. but it's true. it begins with the message and the message is in here. so i'm sure it's an and ywesome album. >> definitely something very special. it's not just a serious topic. it's fun music. >> we would expect nothing less.album is nobody smiling. it will make some people smile. and it comes out tuesday, july 22. always a pleasure to have you on the show. thank you for your time. >> great to see you you. we have breaking news to report. white house just announced president obama will deliver a statement on foreign policy in the next hour. his remarks will include an update on the situation in ukraine and new sanctions the administration is imposing on russia. you can watch it live here on msnbc. (vo) you know that dream... where you're the hero? hey... you guys mind warming this fella up for me? i'm gonna go back down, i saw some recyclables.

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the hunger strike at gitmo may have its first owner. a navy nurse rest recently refused to carry out tubal feeding of detainees in the first military rebellion against the prison policy of force feeding. a spokesman would not confirm, but told the paper there was a resin stance of a medical provider not willing to carry out the feeding of a detainee. the matter is in the hands of the individual's leadership. word of the refusal came by way of a lawyer for one of the detainees, a hunger striker. according to his attorney, he quotes the nurse, a man, as saying i have come to the decision that i refuse to participate in this criminal act. it is unclear how many of gitmo's 149 detainees are currently on hunger strike due to a blackout imposed by u.s. southern command in december. but on this day one year ago, a record 46 prisoners have joined the list of those designated to be strapped down and fed through a tube. while the military contends

force feedings are humane, defense lawyers call them torture. a federal judge is due to hold a hearing on the issue later this summer. that's all for now. the ed show is up next. welcome to the ed show live in new york. i'm ready to go. let's get to work. >> this is a problem of the president's own making. >> stupid liberals. >> terrible you humanitarian crisis involving vulnerable children. >> america's immigration crisis. >> republicans in the house and in the senate are trying to milk this. >> oh, this is too hard. >> for as much of a political advantage as they can. >> pass legislation fixing our broken