legislative work around the lame duck with budget taxes, don't ask, don't tell, the dream act. a whole host of things that have taken up a bunch of batime. it's unclear if that will be done before the end of the year. >> it appears one of the main reasons the judge ruled this way, is because, from what i can only imagine were political reasons, the word tax in terms of the penalty for those who don't have insurance who can afford it was replaced by the word penalty. and he said because the legislators -- >> i have been getting ready for this. i have not had a chance to read that. i know folks in here are taking a look at it as well as at the department of justice. i don't have a direct response the individual reasoning in the

judge's decision. >> this is how it is. i'm just roadwaying it. >> i'm not doubting what you're reading. i'm just saying i have not had a chance to read it. i have nod had a chance to talk to counsel here about how they take it. >> we are listening to robert gibbs in his daily press briefing. i'm tamron hall. the "news nation" is following the breaking news. gibbs is talking about a federal judge in virginia ruled that part of president obama's new health care bill is unconstitutional. judge henry hudson says congress cannot order people to buy health insurance. nbc justice correspondent pete williams joins me now. we heard him refer to the year 2014, when this is all supposed to take effect. and he believes there is time to work out, if you will, the kinks. >> and that's what the judge said today, too. the state of virginia asked him to put a stop right now on the effect of the law. the judge said no, i'm not going to do that. he did find the insurance part unconstitutional. but he said we've got a couple

of years before this takes effect. so he agrees on that point. the judge said yes, it's true. congress does have broad powers to regulate commerce. but that is related to economic activity, and the judge said today congress can't regulate economic inactivity. in other words, can't make someone not in the health care system get in. that was the big issue here. could congress require all americans to buy health insurance. the administration says there's no such thing as somebody not involved in the system. you'll ultimately get sick. you'll wind up in the emergency room. you'll get hit by a bus. the judge said if you don't own insurance, if you're not participating, congress cannot reach out and drag you into the pool. now that is a central part of it because the obama administration argues they can't decline

coverage for previous conditions that would be contingent on getting enough money from everybody participating. the fall back position was okay. even so. it's a tax. but the judge said, no, it's not a tax. it's a penalty. >> before i let you go, what about other rulings? we heard robert gibbs refer to three other rulings, too. the judges ruled in favor of obama care. what about the other rulings pending out there? >> right. there were two others. this is the first one to go against the obama administration. to go against the government. there are probably 20 of these lawsuits in all. the other high profile is the one pending in florida. you're right. the western district in virginia and lynchberg found it constitutional. so did a court in michigan. the next big one will be argued this week in florida.

that has a lot of governors involved in it as friends of court as well. >> and the "news nation" is also following developing news in the senate. in about an hour the senate is expected to take a critical vote on the tax cut deal president obama negotiated with republicans. capitol hill correspondent kelly o'donnell joins me live now. if you listen to members of the senate today, they believe they will get to the 60 needed to move forward. >> exactly. they've done phone calls. harry reid says he'll take the coat. one unnamed senator is stuck in minneapolis due to weather. they will hold the vote open for some period of time to get everybody a chance to get here and vote. they believe the tax cut compromise package will go forward in the senate.

it is one step towards late tomorrow and perhaps wednesday a final vote should go forward. all this really puts pressure on the house to see if they will go along with what the president wants and what we believe the senate will do. . and some top leaders say they believe there's an opportunity to make changes in the area of estate taxes. there's a general feeling this will go forward. senator, thanks so much for joining us. are you confident that the senate will move forward with what has been a hot topic since the president announced this compromise with republicans. >> yes, i am. i believe the bill will pass the senate. we are finally getting democrats and republicans working together.

this is a compromise. there's a lot in the package that is extremely important for the american people. there's parts i would like to see differently. >> what would you like to see differently? you were concerned about how this adds to our deficit. >> you're exactly right. i strongly want to make sure we continue the tax breaks for middle income families. i also want to extend unemployment insurance. i think it's very important that we give those who are unemployed the same benefits we gave the earlier unemployed. i don't like the extension of the high-income tax relief and the estate tax relief. but this is a two-year bill. it will be revisited. we'll get a chance to look at it particularly in relationship to deficit reduction. >> let me get your reaction to the other breaking story. a virginia judge saying the individual mandate in the health care law is unconstitutional. what's your reaction to that? >> well, i disagree with the judge, but this issue is going

to be resolved at the appellate courts. we know that. ultimately the supreme court will make the judgment in this case. but there are a lot of programs, including programs such as social security where you're required to participate. i would find it very surprising if this decision was upheld on appeal. >> but are you at all worried? you have republicans who say one of their top priorities is to repeal health care. now you've got, again, this latest ruling from a federal judge. will this will again, starting the beginning of the year, the compromise, if you will, or this extending of the hand might quickly be dissolved all over health care. >> well, we clearly have our differences on the health care issue. as far as the court decisions, as is pointed out, there's been three court decisions. two have upheld the constitutionality. one has not. the political debate will continue mr. in the united states congress, and i hope we do it in a constructive manner.

people depend on access to affordable care. it's important congress move forward with the programs that currently exist as well as implementing the new law to make sure americans have access to affordable ca affordable care. >> senator, thank you very much. i know you're very busy. right now arctic chill is is moving into parts of the country after a weekend of brutal weather. >> the wind is the worst part. it's not snowing that hard. it's just blowing snow really hits you in the face hard. >> airlines struggle to get back to normal after over a thousand flights canceled. sunday football moves to tonight after snow caused this damage at the metrodome. now drivers are trapped in their cars after heavy lake-effect snow snarls traffic. what's next in the forecast? now on "news nation." right now the highest temperatures in the midwest and the east coast are only in the low 20s. with the windchills to feel like

below zero or the single digits. temperatures are in 10 to 30 degree below average range. in ohio, the snow just keeps falling. the national weather service says the storm could dump two more feet in the northeast part of that state. it's also predicting wind gusts up to 45 miles per hour. three people were killed in weather-related crashes in that state yesterday. today there are several canceled and delayed flights at cleveland international airport. and in indiana, crews rescued people stranded and at least 70 vehicles today. they were trapped in snow drifts through lake and porter counties on u.s. highway 30. front end loaders are still removing the drifts are some people have been trapped in their vehicles, get this, since overnight. and many roads in the northwestern part of the state are impassable with snow drifts up to six feet high. and onto florida, governor charlie crist has declared a state of emergency.

residents are bracing for what could be the coldest december weather in 20 years. their big concern about the crops. kerry sanders joins me now from myanmar, florida. what's the latest? >> reporter: well, tamron. it's going to get cold. that's the real problem. expect it to be 22 degrees in tallahassee. 23 in orlando. 32 or lower in miami. 2 real concern, of course, the crops. citrus. 7% to 10% of to crop has been picked. the temperatures will drop if it gets to 28 degrees or lower for more than four hours, talking about serious damage to the orange crop. also nine out of ten tomatoes are from florida. the tomato crop is in jeopardy. so there's a lot of money on the vine. they're picking as much as they can before the temperatures

drop. but tamron, a lot of nervous farmers and growers in the state of florida today. what a sight. engineers from the company that made the indianapolis metrodome. it tore and collapsed under the extreme weight of this weekend's big snowfall. up to 24 inches had collected in valleys on parts of that dome. and at least 17 inches of snow fell in the minneapolis area. temperatures in the city today are only expected to hit 3 degrees. tonight could be minus 10. by the way, the vikings and giants game will be played tonight, but in detroit. and floodwaters are receding after record setting rainfall in parts of the state. more than three inches of rain fell in a 24-hour period, causing a landslide that pushed

one home down a hill completely. mud slides forced amtrak to suspend service until tomorrow. nick walker is tracking the storm. he joins me from atlanta. la lot of video proving that if weather is bad. i know you've got the numbers to prove that it's going to get really cold for a lot of us. >> it really is. particularly around the areas in the midwest into the northeast. boston, it will be snow for you instead of rain. not nearly the snow that you're going to find near the great lakes. and winter storm warnings down the spine of the appalachians and back towards areas in northern indiana. buffalo, cleveland, not towards northern indiana with blowing snow reducing visibilities and terrible driving conditions. we're not going to melt that foot and a half of snow in minneapolis with temperatures

staying in the single dingits today. as kerry sanders mentioned, we'll see the temperatures fall down near the freezing mark. windchill advisories are out for the area as well. and six americans are killed in the deadliest attack on u.s. forces this month in afghanistan. and several suspects are now in custody. plus, the body of bernie madoff's son has not been claimed by the family days after he took his own life. we'll get an update there. and nightmare, at one at sea. huge waves rock a cruise ship. some people are said to be injured. the cruise line is telling a different account than those people who are still trapped on the ship. i'm going to talk with one of the passengers who says it is awful. if anything, i thought i'd get hit by a bus, but not a heart. all of a sudden, it's like an earthquake going off in your body. my doctor put me on an aspirin regimen to help protect my life. [ male announcer ] aspirin is not appropriate for everyone. so be sure to talk to your doctor before you begin an aspirin regimen.

to my friends, i say, you know, check with your doctor, 'cause it can happen to anybody. [ male announcer ] be ready if a heart attack strikes. donate $5 to womenheart at iamproheart.com, and we'll send you this bayer aspirin pill tote. donate $5 to womenheart at iamproheart.com, ah, it's stinging a little bit more than usual! yeah, you'll get used to it. the longer you keep your high mileage car, the more it pays you back. get castrol gtx high mileage. it helps engines last longer by fighting the main causes of engine failure. i think a dime went up my nose. yeah, it happens. don't change your car. change your oil to castrol gtx high mileage. its more than just oil. it's liquid engineering.

we are back with developments in afghanistan following a devastating attack that killed six american soldiers. several suspects are said to be under arrest. look at these pictures of the aftermath. a mini bus packed with explosives was detonated at the entrance to a joint nato base in southern afghanistan. the explosion caused the roof of a building to collapse on the soldiers inside. in fact, you see soldiers rushing to help those buried in that rubble. we are joined live now from the afghan capitol of kabul. this attack comes just days ahead of the long awaited review of the strategy, the u.s. strategy in afghanistan. what is the latest there? . >> reporter: well the latest is just that. we're hearing from forces they were able to detain several suspects linked to an individual that may have been behind the attack that we saw on sunday that killed those six americans. this comes just days before the

strategy review that we expect to hear from president obama. there's going to be no denying the fact that 2010 has been the deadliest year in the war in afghanistan since it began in 2001 with 700 nato forces killed this year alone. 477 of those americans. also it was expected to be the deadliest year. last december president obama said he would increase the troop surge of 30,000 extra troops to afghanistan, the resistance increased as well among the taliban forces here. they've been putting up a fight, but they've also had some very heavy losses in the past several months. in fact, after that deadly attack on sunday that killed those six americans, the taliban spokesperson called the associated press and said it was a retaliation against the nato forces for the continued fighting they've inflicted in the area of kandahar. kandahar has been a focal point of the fighting in afghanistan

in 2010. although we continue to see attacks in the area, we should note that the situation, the security situation, has gotten a bit better than what we saw this past summer. tamron? >> all right, atia. thank you for the latest out of kabul. and rough seas rock a cruise ship leaving some passengers injured. we're going to talk with a woman still on board the ship right now. she will recount her terrifying experience. plus, new details about how much money the airlines are making off the baggage fees. wait until you hear the numbers. and are we too caught up in labels? poll tigs come together to try to put aside the political labels. we'll check in with michael smerconish at the no labels event. host: could switching to geico really save you fifteen percent

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nation." the suicide of bernie madoff's son won't stop them from trying to get thousands in the ponzi scheme. jeff rossen is here with the latest developments in the story. there are reports that bernie madoff's wife is blaming him for the death of their son, and they've been estranged from him for two years. >> mark madoff and the younger brother andrew have not spoken to bernie madoff or ruth madoff, the mom, since 2008 when bernie madoff was arrested. the brothers turned him over to the police. and to the fbi. so the question now is what happens to the criminal case? federal investigators say according to people familiar with the case they are still pursuing andrew madoff, the younger brother. no charges have been filed against either brother. they both denied involvement in the ponzi scheme. there's also the question about the money.

. will the trustee still go after madoff's kids? the answer is yes. >> jeff, what about reports that the walls, if you will, were closing in even more on mark madoff. the there still could have been the federal investigation. >> just to bring you to the final hours of mark madoff's life. on friday afternoon, just days ago, he realized another lawsuit was filed against him. this time his wife and young children were named. sources close to him say he was visibly depressed by it. that was sort of the breaking point. that night, friday night, just hours before he killed himself an article appeared online from the "wall street journal" talking about how the feds are getting closer perhaps to criminal charges against him and his brother and hours later he is sending e-mails off saying no one wants to hear the truth. and then he hangs himself. >> with his 2-year-old little boy in the bedroom. >> yeah, one room next door in this very trendy apartment.

>> all right. nbc's jeff rossen. thank you for the latest details. well, it was supposed to be ha luxurious ocean voyage to an exotic island. it ended up become a real nightmare. the royal caribbean cruise ship hit rough weather on the way to alexandria egypt. high seas and howling winds tossed waves on deck. people were thrown around in all of this. justine who is on the ship joins us on the phone. thank you for joining us. >> caller: thank you. how are you? >> i'm good. the bigger question is how are you? >> caller: we're fine. we are -- our spirits are up, and we're trying to make the best of our nightmare of a honeymoon. >> what is the situation like now, justine? >> caller: this morning people were upset and tense. royal caribbean said they would refund everybody completely for

the cruise. . so people are a lot happier today than this morning and last night. >> what about reports of injuries? i heard an interview with another woman on the same ship with you. she talked about people being injured. folks using sheets to tie their arms that were cut from the debris. did you see any of that? >> caller: no. some people did fall and they bruised and broke fingers. they cut themselves on glass. nothing catastrophic or life threatening. everybody is alive. nobody is bleeding to death. no concussions. >> have they told you when you'll be back on land? >> caller: we'll be back in land tomorrow at 7:00 a.m. we're ready for that. we've been at sea for four days. >> we greatly appreciate you

joining us. i'm sure you saw the other reports of cruise lines having difficult times and power outages. we hope your honeymoon turns out okay after all. a report from the department of transportation shows airlines are making a killing in fees. in the third quarter this year carriers brought in $1.5 billion on baggage and reservation fees combined. delta collected $259 million on baggage fees alone. american airlines brought in 151 million. us airways expects all the 2010 profit forecast at about 475 million dollars will come from bag fees, change fees, and on board sales. up next, democratic caucus to oppose the tax cut deal. congressman peter defazio will join me live. plus who is responsible for the

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welcome back to "news nation." we are waiting a key senate vote on the tax cut deal president obama struck with the gop. i'll talk with democratic congressman peter fazio who led the revolt in the house against the deal. and move over wikileaks. details on a rival website that is open for business. we'll tell you who it's targeting. and will michael steele try to hold onto his job as leader of the republican party? and a foul play. a coach for the jets trips a dolphins player during the game. should this coach be fired? in 30 minutes the senate is expected to start taking a critical vote on the tax cut

deal? the open vote is expected to last two and a half hours with the results coming in around 5:30 eastern time. the bill is expected to get more than 60 votes needed to move it forward to a final senate passage, which could come as early as tomorrow. then the bill goes to the house. peter defazio of oregon led the revolt by house democrats against the compromise deal. congressman, thank you so much for joining me. >> thanks for the chance, tamron. >> absolutely. let me point out a new poll. a "washington post" abc news poll shows 69% of americans support the tax cut deal. 29% oppose it. a, what do you make of the poll, and where do you stand in your opposition today? >> a lot of those people don't know what's in it. it won't put a single american

to work to benefit states over $10 million and the wealthiest among us. when this hasn't produce ad bunch of jobs and they get the bill, they won't be so supportive. >> it's so interesting, congressman. so many people that i'm listening to who are opposed to this really see that estate tax as the thorn in the side. they don't like a lot about the compromise, but especially the state tax. >> on the house side the most vehement opposition is about the gratuitous tax cuts over $10 million. no economists can make a case that will help small businesses worth more than $10 million. or that it's going to put people to work. >> steny hoyer protects it will pass in the house, this tax cuts

package. what is your prediction at this point? well, we have to do the unemployment e extension. and that's where the republicans were bluffing. the biggest states and took the new social security tax holiday, violating the firewalls around social security in the name of getting the unemployment benefits. first off they cost a fraction of the rest of those things. second, i don't believe the republicans could go home for christmas and stiff millions of americans on their unemployment. just hold out for millionaires and billionaires. in 30 minutes the senate will start the test vote. the worry is with the democrats and the house. you look awfully casual. you look very relaxed for a man leading a revolt. >> well, i'm in oregon and

headed to the airport back to d.c. i'm dressing for the airplane. >> well, i appreciate the look, and i appreciate your time. thank you. and next month he'll be the most powerful republican in office. and the next speaker of the house, john boehner said he hopes to find, quote, common ground with democrats, but he won't be compromising. he said he rejects the word compromise. he was not afraid to show his emotional side, breaking down several times in tears. >> i can't go to a school anymore. i used to get all these little kids running around. can't talk about it. >> why? >> making sure that these kids have a shot at the american dream. like i did. >> it is hardly the first time boehner has become emotional.

he broke down on election night and has done so a number of times on the house floor and a number of times in that one interview alone. and progressive versus tea partyer. right now the biggest names in politics are gathered in new york to talk about our nation's obsessions with labels. no labels is a new group dedicated to toning down the bickering and making issue washington does get things done. michael smerconish is also an msnbc contributor taking part in this. michael, i know you were excited about the promise of what this conference, if you will could bring. is it meeting your expectations? >> yeah, it is. i joke it took me 40 years of life to get to my first political protest. i showed up with my kindle, but i still brought passion nonetheless. but there are republicans, there are democrats, there are

independents. there are real quality folks for a variety of political backgrounds from all across the country who stand united in opposition to hyper partisan zip and four, civility. and it's a movement long coming. i'm hoping it continues forward tomorrow. you have some people saying listen, i'm a liberal. say it loud. say it proud. i'm a conservative or tea partyer. people know in a sense where you stand with that label. what's wrong with that? >> well, it's fine if it's accurate. it's a conversation we had on a number of occasions where there's many who can't be defined by such a label. tamron, you know from our conversations, i don't fit neatly into those ideological boxes. the only people i seem to meet who do are the ones i meet through the world of talk radio or cable television because when

i'm buying groceries, when i'm filling my car, when i'm back to school, it's a mixed bag. liberal on some. conservative on others. >> are you seeing a mixed bag when it comes to age? a lot of my friends in their 30s or 20s are sickened by the need to join a side. they see things from both perspectives. >> i'll tell you what's interesting. and you raise the age issue. 90 different college campuses represented by 300 activists. they say i'm active in the issues. but i like this. you don't have to leave your passion at the door. but i have big fish to fry. a lot of problems that need to get sorted out.

>> michael. thank you for the update. and wikileaks founder julian assange is appearing in court for sex charges tomorrow in london. while he's behind bars, his former number two man is launching a spinoff site. it's called open leaks. joining me from london is jenny. what is this open leaks about? >> well, it's a competition being set up by a group of former employees. they're launching a new whistle blowing website. it is not quite ready. it says coming soon. they're unhappy about the way wikileaks was being run. the former wikileaks member and openleaks cofounder, said wikileaks had become too much focused on just one person. and one person is always much weaker than an entire

organizati organization. >> and what with do we expect to happen in court tomorrow with julian assange. we also expect him to see another bail application. he fights for him to be extradited bar to sweden and will be expecting the swedish prosecution lawyers to file all the relevant paperwork. last week, last tuesday they didn't file everything that we were expecting them to, tamron. >> thank you, jenny. police in sweden have confirmed there was an e-mail warning before this weekend's suicide bombing. it tops our look at stories around the "news nation" today. police say the man who died in a terrorist attack this weekend acceptability an e-mail threat referring to jooe had. two people were injured in what's being called the first ever suicide bomb attack in the country. and police in france storm into a preschool class where a

17-year-old was holding a class hostage early this morning. the teenager according to police was armed with two swords when he took 20 children and their teacher hostage. an most makers like four loko will have their products out of stores today. the fda said the drinks were unsafe. the agency said the combination of caffeine and alcohol has led to alcohol poisoning, car accidents and assaults. the transportation secretary ray lahood is trying to close a loophole to stop suspecteded drunk drivers from being able to prefuse a sobriety test. one in four suspected drunk drivers refuse to take a breathalyzer. now federal officials want to make it tougher for them. he's promoting a no refusal policy, currently in place in just a handful of states. the policy will allow the police to take blood samples from anyone who refuses the test.

plus, this year's greatest movies. but first, there's a lot going on today. here are some things we thought you should know. republican national committee chairman michael steele will announce whether he will seek re-election. steeld is holding a conference call with rnc members. and what do tea party favorite christine o'donnell and tony hayward have in common? they tie for top honor on notable quotes of the year. here's what they said to make the list. >> i'm not a witch. i'm nothing you've heard. i'm you. >> nobody wants this thing over more than i do. you know, i would like my life back. >> and those are just two of the lists of ten quotes. which also included sarah palin's infamous, don't retreat, instead reload.

and russian prime minister vladimir putin has found his thrill. he took to the stage at a charity event in st. petersburg and belted out blueberry hill for a celebrity packed audience. here it is. ♪ on blueberry hill all of a sudden, it's like an earthquake going off in your body. my doctor put me on an aspirin regimen to help protect my life. [ male announcer ] aspirin is not appropriate for everyone. so be sure to talk to your doctor before you begin an aspirin regimen. to my friends, i say, you know, check with your doctor, 'cause it can happen to anybody. [ male announcer ] be ready if a heart attack strikes. donate $5 to womenheart at iamproheart.com, and we'll send you this bayer aspirin pill tote.

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tell your doctor about your medical history and find an arthritis treatment that works for you. ask your doctor about celebrex. and, go to celebrex.com to learn more about how you can move toward relief. celebrex. for a body in motion. boehner. welcome back to "news nation." the american film institute name es 2010's top movies. how is miley cyrus affecting sal via cells? let's get the scoop from courtney hazlett. >> this is one of the more fun things we get to talk about every year. the top movie list. they're sent out the top ten. it's not ranked one through ten. at the top of these we see "black swan", which has been the hugely popular natalie portman film which i saw over the weekend and actually thought it

was kind of funny. i don't think that was the intention of the director. "the fighter" is on there. "inception" is on there. "the social network" also topped the la film critic's award best film of the year. it's not a documentary. it's an interpretation of a story. it's interesting to me that the critics are so in approval with this movie. i don't think it's ground breaking cinema to say the least i love that toy story 3 is on the list. >> it's a nice change of pace to see not all movies are heavy movies or things that need to be deeply interpreted. just things that were big hits at the box office. >> dpuz this often match what happens at the oscars? >> not totally.

the oscars is such a different crowd of people. just how the golden globes and hollywood foreign press association is such a different group of people judging. is it an early indicator? absolutely. >> miley cyrus and salvia. >> i've never heard of it either. there's a photo that came out on friday. actually it was video released on tmz of miley cyrus smoking a bong said to contain salvia, which is not an illegal substance completely in the united states. it's an herb that has psychedelic effects. it's banned in many countries. it's not banned in california where she was smoking it. listen, at the end of the day nobody ever wants a photo with their face stuffed into a bong to be released. definitely not if you're miley cyrus. her dad went on twitter saying i'm so sorry about this. there's much beyond my control

right now. but the sales skyrocketed as a result. >> now i didn't have a salvia seller to call. but sales are skyrocketing for this dug. it's an interesting story. and as you would expect them to, since so many people hadn't heard of it before. and finally, another list that's come out. youtube released their list of top youtube videos. take a look at what was number one. maybe it will surprise you. ♪ that is part of the auto tune, the news kids who are out of brooklyn. they're not kids. they're young adults. they were featured on the "today show" during their viral video week. >> 47 million views. >> more than 47 million views. i just double checked before coming up here. what was also on there? the old spice super bowl commercial. something ha became a fan

favorite immediately when it aired during the super bowl. and then just going viral it reached 100 million views in one week. i don't think the old spice guy ever thought anything like that was going to happen when he was going from shower to boat to horse. >> i love the spinoffs. there's like a 5-year-old boy in the shower at his home. it's on youtube. >> it's fantastic. also on the list. twilight saga, eclipse, the trailer made number eight. it definitely speaks to what everyone is talking about. if you want to know if you're out of the loop on something, go to the youtube list and see what people are watching. >> courtney. thank you very much. for the latest news, log onto scoop.todayshow.com. still ahead, this is something that certainly is viral today. an nfl coach caught on tape intentionally tripping a player from an opposing team during the game. the question now, should the

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you can join the "news nation." e-mail me at newsnation@msnbc.com. you request tweet me on twitter or on facebook. some of you have already been tweeting us this hour and also i'm sure on facebook. here's a tweet on miley cyrus. cyrus has got to learn she's always in control. she's accountable. and then the no labels conference that's happening in new york where some of the biggest names in politics are getting together saying we're too wrapped up in labels. this person writes i don't agree with the no labels. you either agree with a party platform or not. i don't want to be tricked to vote for a nondemocratic candidate. that's one or two of the tweets we've got in. keep them coming. time for the "news nation" gut check. the nfl is looking into what's being called a dirty play by a new york jets coach.

the team's strength and conditioning coach tripped the miami dolphins quarterback during the game. he was standing on the sideline when he stuck out his nigh when he went tumbling to the turf. he later apologized and called it, quote, a total lapse in judgment. but the nfl and the jets could discipline him. the dolphins beat the jets 10-6. is this a tolerable offense? what does your get tell you? go to newsnation.msnbc.com to vote. a 4-month-old was born with a rare condition that makes him vulnerable to infection. the program refused to cover the cost of the surgery that would save the baby's life because it

is considered experimental. we asked for the insurer was being heartless. 96% said yes. 4% of you said no. since that story aired on news nei nation, indiana's medicare program agreed to cover the cost of the surgery chrks can cost up to $500,000. even though it's considered experimental, 60 children have had the surgery performed. two of them passed away to unrelated infections. the rest of the children are alive and well. i'm tamron hall. catch us at 2:00 p.m. eastern. chuck todd picks up the coverage next as the senate nears a key vote on the tax cut deal.

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