federal subsidy to help you afford the insurance. it comes in the form of a tax credit. that's run by the irs. in the other 36 states, you have to buy your insurance through the federal exchange, better known as healthcare.gov. the question is, does the affordable care act, the obamacare law, allow that subsidy for the federal exchanges? now, both the courts today agree on one thing. the law isn't at all clear on this. the law is crystal clear, the court said, that you qualify for it in the state exchange. it's ambiguous in the federal exchanges. president d.c. court of appeals here in washington said unless it's clear in the law, you can't have it in the federal exchanges. the fourth circuit court of appeals in richmond ruling in an entirely separate case said, it's a close call, we defer to the irs. if that's what the irs says the law is, that's good enough for us. so what changes for now? nothing. the federal court that struck down the ruling put its own ruling on hold for at least a

week. the justice department has already said it's going to appeal that ruling. the white house points out today the subsidies are still available. nothing changes. but if at the end of this appeal process you still have two different outcomes, they could reverse, they could stay the same, who knows. but if you have different federal courts with different outcomes, that would seem to tee it up to the supreme court. but we're a long way from there. >> we're a long way from there, because what would be the next step? they'd go back to these very same courts. that's where the obama administration would litigate these decisions, i would assume. >> right. so the way it works in the federal courts, you get your first bite at the apple from a subset of the full appeals court, a three-judge panel. you get a three-judge panel on the d.c. appeals court and a three-judge panel on the fourth circuit. the obama administration says it will appeal to the full d.c. appeals court. that's where we know it's going to go from here. >> all right. nbc's pete williams. thank you so much. appreciate it. >> you bet.

>> all right. dr. cory is the chief medical editor at wdsu. and ari melbor is on "the cycle" and also an attorney. so we have this ruling in the d.c. circuit. this three-judge panel that ruled that the 36 federally run exchanges are not clearly permissible in the law. is this a question of the way the law was written or is this, because there's a piece of this ruling that talks about legislative supremacy and saying -- he says that's a higher guide and that is what is really at stake. so explain that a little bit. >> the d.c. ruling, which is against the aca, against what the obama administration wanted, is about both what was written in the law and what was not written. 900-page law, what the court found and what obamacare critics have seized on is some technicalities that make it seem like maybe in one place the irs wasn't actually going to give

out these benefits to places that didn't have their own state-created exchange. so the question is, do you zero in on that and say, i found this little error? this must mean obamacare doesn't want to work. or as the dissent argued in that case, obviously the democratic congress that passed this bill, the democratic president who signed it didn't mean to undermine their own bill. this was the kind of mistake that can be fixed. well, hey, who fixes it, right? we have an answer for that. in law school you go to a class called administrative law and learn all these agencies do all this stuff. one of the things they do, the irs does, is take the raw statute from congress and promulgate these rules. generally, the courts defer to that decision by the irs or whatever agency it may be. here what you had the d.c. circuit argue is this is such a big error they're not going to defer. congress said something here they're implementing. in the fourth circuit, a unanimous ruling of the opposite, saying, no, when you

look at the totality of this law, it was obviously designed to provide subsidies for healthcare. >> the intent was clear. the democratic majority wouldn't have written a law in order to und undermine it. the entity that would have to fix this is congress. that ain't happening. >> no, typically, yes, you would have congress step up and do what they call perfecting an amendment. republicans might want to reform social security in a big way, but meantime, they'll continue to work in good faith on these things. having said that, no, what you see in the fourth circuit is them saying basically, no, congress is not necessary. subsidies are upheld because hhs and irs do traditionally have this power. there's a thing called chevron deference. all it basically says is courts will defer to reasonable interpretations. was this reasonable given they want to give out health care? i mean, provide subsidies.

yeah, that's what the fourth circuit found. >> clearly political. house speaker john boehner has already issued a statement saying for the second time in a month, the courts have ruled against the president's unilateral actions against obamacare. the president believes he has the power to make his own laws. that's not the way our system of government is designed to work. he basically said what he says almost every day. doctor, let's talk about the practical impact. right now, as i think we were cautioning people, nothing changes for the people who have these subsidies right now today. let's project forward and say in theory these subsidies were to go away for the people who have them in these 36 states. how much of an impact would that have on health care delivery? this is a matter of being able to afford a private health plan and not. >> right. and i'm glad you said the word practical because let's be very clear here. you heard it here first. this will not be reversed. first of all, both courts are in

basically the d.c. area. they both are skewed liberal. this won't get to the supreme court. the d.c. court will probably be reversed because they're all skewed liberal. we can take it down a little bit. this will not happen. if we looked a little further and it did happen, this would devastate the affordable care act for all people in america. exchange, state exchange, not exchange. it doesn't matter. the whole basis of this is the subsidy. there are a couple things here. i looked at this thing and read it closely. it said the -- the fourth circuit said it is clear the alternative forms of relief suggested by the defendants would in the afford the plaintiffs the complete relief they seek. it's not simply a tax refund action in which the individual tax player complains of the manner in which a tax was assessed for reimbursement for wrongly paid sums. what does that mean? that means everybody knows what the spirit of this thing is. everybody does. you have more people just trying to undermine the health care for people of america.

we're not going to let it happen. you heard it here first. d.c. will not finish that thing, and it will not allow this subsidy to take place. >> what is the relief the plaintiffs are seeking, ari? what relief are they seeking? if the plaintiff in this case, the d.c. case, the one that struck down these federal exchanges, is the relief they seek no more subsidies? >> how much time do you have and how bored do you want to get? >> not a lot and not at all. >> it's a lot of stuff to read here. >> yeah, what i would say in a nutshell is they did find a way to argue that some of these plaintiffs would actually be otherwise not forced to actually buy health care because there's an 8% cut-off thing about when the mandate kicks in. so that gets them into court. the bigger question, and what the doctor is referring to, is the fact this was three judges on the d.c. circuit. it will likely be appealed to the entire panel. that's what the white house indicated today. the entire panel has more democratic appointees. i don't think the courts are always political. we have to be careful with that. i would second the doctor's --

>> yeah, this is the republican-appointed -- >> yeah, these are two republican appointees. on this one, given what a technicality this entire thing is based on, yeah. it looks political to me. i would agree with the doctor that we would expect likely a different outcome from the full panel. what the supreme court ultimately does is an open question. i think we have to remember that chief justice john roberts is serious. he cares about the legitimacy of the court. it's one thing to say, hey, the medicaid thing, we want to change that. that's a long-running debate. i happen to think that went the wrong way. that's a legitimate, open deb e debate. the idea you're going to get up there and pretend that the democratic congress put its own poison pill in its own bill and that's what's going to crumble obamacare, i don't see justice john roberts wanting to endanger the court's legitimacy with that kind of overreach. >> i want to ask one somewhat political question. doctor, you're there in louisiana. if nothing, it's a political football in a lot of ways. you have, for people who may not

be as read-in as you guys, the sense of jeopardy, the sense that any court, any panel could in and of itself wipe away the benefitstates, for millions and millions of people. in louisiana, talk about how this is playing out on the ground, just in terms of the way the affordable care act exists in law right now. >> the good part of our country is if something goes to the supreme court, it can be wiped away just as easy as it was enacted. in louisiana, our governor, governor bobby jindal, didn't even accept the medicaid expansion. i'm obviously already furious because the people that need the most health care actually don't have it in my state. so i'm on the front lines fighting this every day. but that sense of doom and gloom around the country, if something were to change where millions of people that now have health care that have been to the doctor for the first time in ten years could not get health care, i think that people will start to light some torches. and i don't mean just light

their houses for electricity. it would be a big overthrow because people need health care, and that's bottom line. there's no way around it. >> here come the torches and the pitchforks. thank you very much. ari will have more coming up in less than an hour on msnbc on "the cycle." you must watch that. coming up, major developments in the investigation on that downed malaysia airlines plane as the eu finally agrees to get tough with russia by rach easting up sanctions. then, u.s. airlines have halted flights to israel because of worries about rocket attacks. that as secretary of state john kerry tries to negotiate a peace deal from cairo while the israeli bombardment of gaza continues. we have live reports from both regions coming up. [guy] i know what you're thinking-

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obviously, we're all upset by what's happened. i extend on behalf of all the american people our deepest condolences over the loss of family and friends and to ensure the dutch people we will work with them to make sure that loved ones are recovered, that a proper investigation is conducted, and that ultimately justice is done. >> that was president obama earlier today signing a condolence book at the dutch embassy, honoring the victims of flight mh-17. nearly 200 of whom were dutch citizens. later today, the white house says the director of national intelligence will declassify information and evidence that supports claims that a missile took down the flight. this a day after senate intelligence committee chair diane feinstein called for more transparency. meanwhile, five days after the disaster, the bodies of all 298

victims have now been recovered. however, the crash site itself remains largely unsecured, guarded by the pro-russian separatists who control the area. still, a unanimous u.n. vote yesterday cleared the way for the first global investigators to access the site today. nbc's keir simmons was there. >> we have just seen crash investigators finally arrive on this site. they went and closely inspected the piece of tail behind me here, taking pictures before moving on to other areas of debris. meanwhile, the bodies of the victims have been removed from here finally, taken to a safer location. and we're told they will be taken to the netherlands at some point for identification. and the black boxes have been handed over to malaysian officials by the pro-russian rebels who run this area. that happened last night. the investigators' work will carry on here. >> now, as keir mentioned, dutch officials expect to begin receiving bodies for

identification in amsterdam sometime tomorrow. in moscow today, russian president vladimir putin told defense ministers they would do everything in their power to influence separatists while acknowledging it's not nearly enough. now that european leaders have agreed just hours ago to widen sanctions against russia, the question is, will pro-russian separatists continue to adhere to the u.n. security council's demands? former u.s. ambassador to ukraine joins us now. thank you so much for being here. >> my pleasure. >> that is the key question. how much influence do the russians have over the separatists? is there any way to even ascertain that at this point? >> the russian government has near total control over those separatists. the leaders of the separatists, all russian citizens, in fact all russian agents. the prime minister of the donetsk people's republican is a russian political consultant. the defense minister of the

donetsk people's republic is a colonel in the russian special forces. the insurgency is all supplied by russia. if russia stopped the flow of fighters and military equipment into eastern ukraine, this insurgency would end within a couple of weeks. >> what you're saying essentially is this supposed separatist group in donetsk that's created its own faction, a would-be breakaway faction within ukraine, you're saying it's basically on paper. it's not real? >> that's correct. the defense minister had a social media post about six weeks ago in which he complained that the locals were not joining his forces. so he needed fighters coming from russia. he got them. the east battalion is fighting force comprised mostly of russian citizen chechens. >> is the government of ukraine making a mistake then for sort of treating this like it really is a breakaway movement and trying to sort of wage -- i

don't know if you can call is a war or a civil war with this group if they are essentially just russian agents who crossed the border. >> this is not a civil war. this is a russian irregular war led against ukraine. in fact, unfortunately, the only solution to this right now is a military operation by ukrainian authorities. and they've conducted a successful operation over the past five or six weeks. that's why the kremlin has sent in more equipment. the kremlin has sent in hundreds of army personnel carriers, tanks, and missiles. they sent in missiles in june. then in july they sent in the sa-11 missiles, which shot down the malaysian airliner. >> let's talk about the sanctions. the eu, i have to say, a lot of americans are looking at the eu and thinking, they're right there in the region. they've been toothless up to now. they've agreed to some additional sanctions. travel visas suspended for some russian officials, freezing some assets. not anything close to what the united states has done, which is to directly sanction from the treasury department banks, energy firms, arms firms,

including the company kalashnikov. how would the united states get them to do more? >> sadly, the american impression is correct. the eu sanctions have been weak. you're right, this is in their backyard. this is first and foremost a question of european security. but narrow, i'd say short-sighted economic interests, are driving their policies so far. of the sanctions which the united states leveled last wednesday were serious sanctions. if the eu were to follow with comparable sanctions, there's a good chance mr. putin would stand down. he has d-- mr. putin is trying o destabilize ukraine while trying to avoid sanctions on his country. maybe today's meeting means they're taking a new policy course. >> especially with so many of their own european nationals in agony right now over the deaths of those people on that plane. thank you so much, mr. ambassad

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to discuss her latest work, shedding light on america's school to prison pipeline. first, it's time for we the tweeple. you're asking if black and white is the new orange after a michigan sheriff decided orange jump suits were too cool for his inmates. the hit netflix series and one of my personal favorites "orange is the new black" popularized the orange look, and it was apparently too much for the sheriff who decided to ban the pumpkin-colored jump suits. >> until there's a new show that's black and white horizontal stripes is the new black, i'm going to this look. if you don't like the clothes that i give you, don't return. >> the sheriff says everyone is okay with the new look except the inmates who say the black and white makes them look like criminals. you're also buzzing about the accidental tweet sent by the u.s. environmental protection agency's office of water about playing the game kim kardashian hollywood. the epa is now a c-list

celebrity. before the mistake was caught and deleted, it started a lot of conversation on social media. congressman john dingell may have had the best response tweeting, i'm the last original author of the clean water act, but i have no idea what a kim kardashian is and i rarely play games. you okay, epa water? yes, they even sent this apology. oops, our bad. sorry about the tweet. up side, more attention to the office of water. thanks, kim kardashian. adrian was not impressed, tweeting, we had a good run, humanity. speaking of unimpressed, remember olympic gymnast mckayla maroney's unimpressed face? how about unimpressed green lizard? this picture posted on reddit received 1 million views in 12 hours. then came the memes. you placed him in a scene from "star wars," in "the game of thrones." and even in the backseat of 50 cent's car. that one is my personal favorite. here it comes. boom.

you can also join the conversation and look unimpressed with fellow reiders on twitter, facebook, instagram and msnbc.com. keep telling us what's important to you. now this news. detroit takes a crucial step in the city's plan to emerge from bankruptcy. here's more on the debt-cutting plan. the cadillac summer collection is here. ♪ ♪ during the cadillac summer's best event,

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ki moon in the region. israel confirmed today that one of its soldiers may have been taken by militants on sunday, though it's unclear whether the soldier is still alive. israel's defense force also released tape today of what it says show two and eventually a third militant scrambling for cover. eventually the idf says climbing into an ambulance which then takes off with the three individuals on board. israel has charged that militants use civilian areas like schools and hospitals as cover for its attacks. nevertheless, israel's retaliation has drawn sharp international krcriticism, in pt because while israeli citizens are largely protected by its iron-dome system, palestinian citizens are suffering the brunt of the fatalities. also some breaking news to report. the violence has reached such a level that on faa orders, all u.s. airlines have canceled flights to israel. moments ago, german carrier did so as well. let's go to nbc's martin

fletcher, who's live in tel aviv, where a missile landing near the airport has caused those flight cancellations. let us know how, martin, is the israeli government reacting to the closure, to the faa's decision to halt all u.s. flights to israel? >> reporter: well, not well at all, joy. the airport authority is calling on planes to continue flying in, and the transport ministry, the israeli transport ministry issued a statement saying do not reward terror. for israel, it's a major blow, of course, for the international airlines to stop flying into the airport. but it's a major success for hamas. it's been one of their goals, has been to close down the airport. rocket fire landed about a mile from the airport, damaging three homes. and that, you know, plus the tension of the malaysia airliner downed over the ukraine has raised the level of fear about much such incidents. so the american airlines have all stopped flying for the time being into israel.

german airline also stopped its flights. also the dutch airline and french airline and swiss air and austrian air. there's a whole slew of cancellations on the arrivals board at the airport in tel aviv. but this is a major blow for israel at the height of tourist season. >> let me ask you this, martin. there is a rolling series of protests that have taken place around the world from johann johannesburg to dublin. despite the governments around the world actually being very supportive of israel, but the populations around the world, and even some governments like turkey, being very harshly critical. >> reporter: no, that's right. first of all, israel dismisses completely any reaction from the turkish government. whatever israel does, the turkish government will always be against. that's just a terrible

relationship between the two countries. that doesn't really count as far as the israeli government is concerned. they're really concerned about growing pressure from governments and calls from, including the united states, to on the one hand backing israel's right to defend itself but questioning the results of that defense. you're right. there are protests by the public all around the world, but inside israel, if anything, the public support for the operation i wouldn't say is growing, but it's very stable because israelis feel it's bad. they don't like the civilian loss of life in gaza, but they feel it's now or never to destroy hamas, joy. >> all right. thank you so much to martin fletcher. we have additional breaking news to report. we've now had air canada halt off flights to canada. the easa has been said to issue a strong recommendation to also avoid tel aviv airport until further notice. let's go now to nbc's eamon mohyeldin who's following the conflict in gaza. ayman, give us an updaten at

humanitarian situation there in gaza. i'm sorry. we're going to get an update from ayman mohyeldin. let's go to that. >> reporter: joy, it's the fifth day of this ground offensive, and we're entering the third week in the overall operation by israel to try and destroy palestinian rockets and to try and destroy some of those tunnels that it says are now posing a risk to its citizens inside israel. most of the fighting has been concentrated in the eastern part of the gaza strip. that's where israel says it has destroyed about 23 different tunnels in addition to 63 openings that run to those tunnels that run across the border into israel, which it says are being used by hamas and other fighters to carry out attacks inside israel. meanwhile, the israeli air campaign on gaza continues, and that has pushed the death toll up to more than 600 palestinians killed. the majority of them being women and children. i had a chance today to go out and speak to a young palestinian man, 29 years old. he lost his wife, who was nine

months pregnant, as well as his 6-year-old and 4-year-old son in a single israeli air attack on a building. now, they had actually left the neighborhood where the israelis told them to leave. they thought they were going to be safe in gaza city. turns out, they were not. as a result of that, now his entire family is dead. he also lost his mother, his sister, and some extended family relatives. it gives you a sense of the human toll that palestinians here are paying the price for. in addition to that, the united nations now says that more than 100,000 palestinians have taken refuge in 69 schools. that's separate from the thousands of others who are staying with relatives and elsewhere. the united nations is running low on supplies. they're calling for an emergency appeal to get as much aid as possible into the gaza strip. because gaza is under a blockade, the access in and out of gaza is restricted by israel, which says it is delivering humanitarian goods for the people of gaza, but not enough according to palestinian and

international aid organizations. so a very dire situation that shows no end in sight as some of these diplomatic talks that have been taking place have really been so far falling flat on their face without producing any tangible results to stop a cease-fire or to put in place a cease-fire here on the ground, joy. >> all right . thank you very much, ayman mohyeldin. now i want to bring in the senior diplomatic correspondent and senior bureau chief. thank you for coming back. when you hear that contrast where you have sort of global revulsion at the loss of civilian life in gaza, the sort of nowhere to go situation for the civilians there but really continued strong support inside israel for what is going on, does it seem like these are populations really that even want to come to a conclusion. >> it's rather disturbing the israeli public is not pressuring the government to take a look at the civilian loss and say, this does not reflect well on israel. maybe hopefully the israeli public will change eventually

and understand that it needs to make itself clear on whether it wants the two-state solution or not. because this is not only about hamas and gaza. right now everything is out. that's why the diplomatic flurry is not only about a cease-fire, it's about to establish a two-state solution and find out if it's acceptable or not, specifically after prime minister netanyahu according to the hebrew press and israeli press that he spoke it out, spelled it out, he does not want a two-state solution, just like hamas rejects that as well. so here we are. >> and what do you think is the impact about these airlines deciding to cease flights into tel aviv? a strong reaction from the government in israel saying that they're rewarding terror, this is the height of the tourism season. do you wind up seeing that economic loss, i guess, start to impact the diplomacy? >> hamas will take that as a

victory for hamas, unfortunately. they will say, you see, we not only shot rockets up and did not cause damage because of the israeli defense being so strong, but they will claim they made an impact because now the airlines are saying we won't go there. i think the ground offensive has also been costly for israel. that's why when you look at the discrepancies in the number, it's not proportional at all. you have civilians, 600 of them. and you have 29, i suppose, so far soldiers. that was the wrong thing to do to start the ground offensive because it gave hamas the opportunity to say, i made a difference by using these rockets. it's the chicken and the egg. right now you have hamas and the extreme right and the israeli government and public feeding on each other. both are extremists. neither one is really working for that cease-fire, and hamas

is rejecting cease-fire because it sees it in its interest to drag israel into this a little more. >> well, i'm going to have to have you come back. one other thing i'd love to explore with you is egypt's role in this. you've written a lot about that. i recommend people google and look up your latest piece on that. >> that's what they're trying to do right now. there's competition from qatar to make it very difficult so the muslim brotherhood angle gets in and the people die. >> and that is the bottom line. thank you so much for being here. >> thank you. meanwhile, we are also hearing from the american cousin of the palestinian teenager who was kidnapped, burned alive, and killed earlier this month. in an exclusive interview, tariq and his mother spoke about seeing his cousin just minutes before the kidnapping, about the protest that resulted, and the beating he says he received at the hands of israeli police. we do warn you, some of the video accompanying the interview does show the beating and is

graphic. >> where were you and when, when we see that video of you with the police? what was happening at that moment? >> at that moment, i was in an alley watching from -- i was watching from the side view of the protest. >> and the protest -- his death had been announced people were protesting in response to that. there were protests on the street, people chanting, throwing rocks. there were clashes back and forth, correct? >> at that point i was watching, and there were people around me. just at that point, they surrounded all of us. so we had no way out. they grabbed me and slammed me on the floor. i was screaming because i was confused at that point. i'm like, i didn't know what was happening to me. i thought i was dreaming. then they kept beating me. i was screaming, and i was awake half the time. then they kept kicking me in the face, and i kept screaming at

them while they were kicking me and punching me in the face. then they kicked me in the ribs and kept getting, like, fierce. so while they were beating me, i couldn't have a chance to move because they zip tied my arms together. then they started beating me. >> what did you learn this summer? what do you take away from all this? >> well, after all that happened to me, i -- at that point, i was like, i just got a taste of what they're going through. what happened to me was just a little. what they're going through, they have people dying in gaza and they have people dying and suffering. they're being kicked out of their homes. it's tough over there. >> and don't miss "all in" with chris hayes tonight and every weeknight at 8:00 p.m. eastern on msnbc. beef goes into it. oh, honey!

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handcuffs because he or she brought a pair of scissors to school. sounds crazy. but that's the kind of minor infraction that's entangling too many young people in the criminal justice system nationwide. in fact, as a result of zero-tolerance school policies, 260,000 children and teens were referred to law enforcement during the 2011 school year. and 3.1 million students were suspended or expelled. and the suspensions and expulsions disproportionately impact students of color. this year the obama administration issued guidelines discouraging this trend of criminalizing discipline. because these policies are proven to create the far greater likelihood that kids caught up in the system due to minor infractions at school are more likely to end up going to jail as adults, a phenomenon experts call the school-to-prison pipeline. just yesterday, president obama expanded the reach of his my brother's keeper program to address the crisis at the school level. as voices at the state and local level joined chorus calling for

authorities to stop putting students on the path to incarceration. and one of those voices is award-winning playwrite and actress anna smith. thank you so much for being here. >> thank you for having me with you. >> tell me about what you've decided to do to try to arrest the school-to-prison pipeline. it's a novel approach that involves essentially a one-woman play. >> right. so what i do is use the theater to try to be a part of a conversation which, of course, as you've just mentioned has to have many parts. i think the president's my brother's keeper is a very important initiative. i've been in northern california interviewing people about how this affects our communities. in stockton, california, a very troubled city, a bankrupt city. and some in san francisco. so i presented some stage readings of the interviews that

i collected in one-woman format where i played 20 different people. then afterwards had a town hall with people in the community, brought some of the kids down so they could be a part of it. i think part of what we can do as artists is raise public awareness. that's what i try to do and try to make ways for people who have resources and people who don't to find out about each other in audiences, get something going here. >> one piece that i read about your play talks about you sort of embodying city and legal and law enforcement officials, educators, former inmates, physicians, activists and others who essentially speak through you and you capture their essence and not just their character. why did you feel it was important to do that full spectrum, all the way from law enforcement to actually the people who are impacted at the front end of this pipeline? >> sure. so in all of the works that i've been doing over the past many years, i think giving a larger tapestry of the whole community of the problem helps us see

possibilities. for example, both the police chief here in san francisco and the chief probation officer, for example, are people who want to make a difference. i met some physicians here who want to make a difference. certainly teachers and also in philadelphia there's a judge there who sees how judges can do a lot to try to disrupt the ways that kids who may enter the system even because of, you know, foster children may come into the system and end up getting in this hole, pipeline to prison, or people who question the way we incarcerate people, the way we think about punishment. so i want to give a big picture so that i can add something to the conversation, which sometimes becomes a policy war. i try to show the human side of the story, see if i can reach both hearts and minds. >> yes, indeed. and you're talking about a very human war. black students being three times more likely to be suspended. >> it's actually black, brown, and native american. >> indeed. i think you're trying to tackle

that whole gamut. you did a piece on the crown heights riots. what do you think the impact of that was, and what would you hope in your best-case scenario the impact of the project would be? >> one of the things i hope happens with this is, you know, i think a lot of americans don't realize or haven't thought about the fact of what happens if a 5-year-old has a tantrum and ends up, you know, handcuffed. many people don't realize the result of zero-tolerance policy, some of which came for a good reason in part after columbine. we want our schools to be safe. i think we have to think about what that safety means and at what cost. we also have to think about a country which would rather build prisons than schools. we have to think about our relationship to punishment. so i really want people to rethink how they want us to be, whether that's through their schools, through their churches. i want to enable parents to come and speak louder to try to rejuvenate our public schools

and to make sure that our schools are taking care of all of our children. we just celebrated the anniversary of brown versus board of education. some would tell you the schools are more segregated than they were then. we need to stop and take note of what we're doing and where we're headed. this is a security problem and a moral problem, and it's ultimately an economic problem. and i'm happy to see that the president and many of the people who work with him are trying to use the white house as a way also of raising awareness and making some policy changes. >> yes indeed. anna deveare smith, thank you so much for being here. >> thank you for having me. >> we'll be right back. [ femal] hands were made for playing. legs, for crossing. feet...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis. if you're trying to manage your ra, now may be the time to ask about xeljanz. xeljanz (tofacitinib) is a small pill, not an injection or infusion,

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[ roars ] and now for some rare good news. well, mostly good. shanesha taylor, who was arrested in march after leaving her sons in her suv while she went on a job interview, will not go to prison. the prosecutor on friday

declined to prosecute taylor, offering a plea deal instead. taylor was earning just over $1200 a month when she got an opportunity to interview for a better job, which would have paid her $39,000 a year. she'd arranged for a babysitter, but when she arrived at the sitter's house, no one answered the door. so she went ahead to that job interview. she strapped her kids into their car seats, left the doors unlocked, keys in the ignition, turned on the fan and went inside. she was in the office for more than an hour as the temperature outside climbed to 88 degrees and the temperature inside the car climbed over 100. a bystander saw and heard the kids crying in the car and called police. she spent ten days in jail and her children were taken into state custody. her story inspired outrage and sympathy online, and soon donations were pouring in. from people who believe, as arizona republic columnist lorry roberts put it, that it would be a snap to prosecutor taylor, it would also be a big mistake. the woman needs a job, not a felony record.

taylor will avoid prosecution, provided she gets parenting and substance abuse classes, note that there is zero evidence that she was or is ever abusing drugs or alcohol but, you know, she's poor, so assumptions. and provided she put some of the $114,000 raised online by supporters into a trust fund for her kids' education. of course, left unsaid is the fact that in arizona, childcare spending has been cut by 40%, leading to an estimated 33,000 children going without subsu diezed care. across the country, meanwhile, spending on childcare assistance is at the lowest level in more than a decade. and the number of children served has dropped by about 263,000 since 2006. meanwhile, the cost of childcare is only rising. and then there's that minimum wage. taylor's story is ending well, but she's not alone. in south carolina, debra lynn harrell also arrested this month for leaving her 9-year-old daughter to play in a park while she worked at her minimum wage

job at mcdonald's has also lost her job. and these representatives are taking the minimum wage challenge. they'll live on that low wage on their own. imagine trying to do it with children. and that wraps things up for "the reid report." i'll see you back here tomorrow at 2:00 p.m. eastern. be sure to visit us online. "the cycle" is up next. they're irresistabowl... completely unbelievabowl... totally delectabowl. real silky smooth or creamy broths. everything she's been waiting for. carefully crafted with real seafood, real veggies, and never any by-products or fillers. wow! being a cat just got more enjoyabowl. fancy feast broths. wow served daily.

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that's keeping you from the healthcare you deserve.. at humana, we believe if healthcare changes, if frustration and paperwork decrease... the gap begins to close. so let's simplify things. let's close the gap between people and care. breaking news doesn't just "the cycle" today, it is encompassing the entire "cycle." first, all u.s. flights to tel aviv canceled. a new country leading the investigation into the downed malaysian flights. and a body blow to health care in america. three-quarters of the country could now lose access to

obamacare. "the cycle" starts now. but we begin with this air travel alert. nbc's tom costello is tracking the breaking details from our washington news room. tom, what do you have? >> hey, good day to you, krystal. here's what's going on at 12:15 eastern time. the faa announced it is prohibiting u.s. flights from flying into or out of tel aviv's airport because earlier this morning a rocket presumably fired by hamas fell within about a mile or so of the airport. no airport property was damaged, but that was clearly too close for comfort as a delta flight, delta flight 468 from jfk, diverted to paris. subsequently within very short order, other airlines were announcing they were suspending flights. at 12:15,