deeply skeptical questions from the conservative justices up here at the court. if health reform and as individual mandate is to stand, then at least one of those conservative justices is going to have to vote to uphold it and it is far from clear that the oh obama administration convinced any of them that this law is constitutional. >> a divided nation. >> we believe the constitution means something. >> a divided court. >> so can the government require you to buy a cell phone because that would facilitate responding when you need emergency services? you can just dial 911 no matter where you are? >> no mr. chief justice, i think that's different. >> michael was one of the lawyers arguing against the individual mandate. >> i think anybody has to be skeptical about the very unprecedented and unbounded power that the federal government is trying to assert for the first time. >> all three. >> walter is a former

soliciter general. >> i think the chief justice asked questions to both sides. >> but justice kennedy was among those that asked whether the federal government has the power to order people to buy health insurance or anything else. >> that changes the relationship of the federal government to the individual. very fundamental way. >> the four liberal justices offered a ringing defense of the law. >> a disease is sweeping the united states. and 40 million people are susceptible of whom 10 million will die. can't the federal government say all 40 million get inoculation? >> how can you wait until after you get hit by a car to go out and purchase insurance? it's impossible. >> no, obviously, once you go to the emergency room, they can sign you up.

>> but the conservative justices also asked the laws opponents some pretty tough questions and the justices questions do not always accurately prestage the final vote. and there are plenty of pundents that say they are going to be reluctant to see another 5-4 ruling that may open the supreme court to charges that is overly partisan. anita. >> so much back and forth and it will be interesting to see if they do strike this down, if they will interpret that narrowly or go to the whole law. >> you got it. we're going to hear about that tomorrow. that is the third and final day of the arguments here. we're going to expect a ruling in june. >> glad you're there to bring it for us. thank you, bruce leshan. derek, back to you. >> despite what may have been

a rocking showing inside the court for one side of the other, both teams claiming victory outside once the arguments were all done. >> we feel great about the questions we heard from the justices. we feel very positive that the mandate will possibly be struck down. >> the questions you get from the judges doesn't mean that's what is going to wind up with the opinion. >> and joining me now to talk about this case. a law professor at georgetown university, thanks for coming back. >> thank you. >> good to have you here. a lot of tough questions from the known conservatives about this whole idea as to whether or not you can make somebody buy insurance. how much should we be reading into that? >> well, it is like reading tea leaves where the justices stand from their questioning. but nevertheless, i think i was able to see where this is going. and i think that from their comments, it looks like it's going to line up four conservatives against the health plan and four liberals in favor of it with justice kennedy in the middle.

he started out skeptical of the health plan, but by the end of the argument, he seemed much more favorable. >> do you have any sense of how well the attorneys did? paul who argues in favor of the 26 states who were challenging the individual mandate, he did a really good job, even when he was taking heat from the liberal justices. >> the best of the arguers today. it was very good. the conservative justices were worried about that there would be no stopping place. if the federal government can command you to buy healthcare, they can command you to buy anything. >> slippery slope. >> yeah. the liberals did seem to buy into the argument that while this is under the interstate commerce power because this is commerce and they answered the argument, people aren't in commerce if they haven't bought healthcare. can't make them answer commerce. they are going to be in commerce eventually because they are going to be getting healthcare. so the question was whether you

could look to the future like this and make people anticipate what's going to happen. >> that's the question. because the idea from those who support the healthcare law is that sooner or later, you will get sick and pay your fair share before then or we are all paying for it. >> the logic and the fairness seems pretty clear, but the constitutional issues are a little murky. if you are not buying the insurance, you're not in commerce, so you don't come under the commerce regulation power. the other argument was well, you know, you are eventually going to be buying healthcare or on the states extense, the government's expense for healthcare. and there was some dispute about what is the commerce? what is the market? is it buying insurance in which case people aren't in it and so you can't regulate them under the commerce power or is the commerce healthcare in and of itself, which you will use. >> a little merky there.

hoping it will become less murky once they bring the question in june. anita, back to you. if the individual mandate does stand, there's a new analysis that finds it will only impact 6% of the u.s. population. researchers found 33% of people living in the u.s. under the age of 65 would be exempt anyway because their incomes are below the tax filing threshold. another 58% already are insured through their employers, the individual market or public programs. they have insurance. and 3% are already eligible for medicaid. that study was funded by the robert wood johnson foundation. now if the individual mandate is struck down, it could create unbearable expenses for some companies. even if the law remains in tact, some business people oppose it because it requires any business with more than 50 employees to offer health insurance. peggy fox talks to a local small business owner for his take on the law. >> happy tuesday morning.

>> bob's sunny demeanor has underlying fears for what the affordable healthcare act will do to his businesses. >> having a mandate that requires us to do this is a part that really scares me. >> pat runs four child care centers, a christian school, and a tax accounting service all in woodbridge. since patten has more than 50 employees, he may be required to offer them health insurance that he is not sure he can afford. >> we need affordable healthcare, there's no question about it. i don't think a government mandated program is the way to go because eventually the cost is going to spiral out of control even worse than it is now. >> pat believes small business owners have been unfairly portrayed as unwilling to provide health insurance to their employees. he says he tried on numerous occasions to bring it to his employees, but for a variety of reasons, it's never worked. he says he just hasn't had enough employees who wanted to sign up for an insurance company to sign on.

but he worries about the governments involvement. >> i'm very aware of, you know, the same politicians that promised us they wouldn't touch the social security lock box trust fund. this isn't going to happen that way? come on. >> the real problem of rising healthcare costs has not been addressed. issues such as malpractice and tort reform. he is watching the supreme court case closely and hopes the high court strikes it down. so that congress can come up with something else. in woodbridge, peggy fox, 9news now. >> complex indeed. not all small business owners are against the new law. some who do offer insurance are taking advantage of the laws small business tax credit, which brings the healthcare premiums down. overturning the law will send healthcare backwards. >> we're seeing a lot of comments on our wusa9 facebook page. log on and join the conversation. >> and coming up tonight at 7:00 on 9news now, memorial

mess. a commission behind president dwight d. eisenhower's memorial responds to critics of the design and it's not what the eisenhower family wants to hear. we'll tell you what we mean by that coming up. and still ahead, trayvon martin's parents come to capitol hill. hear what they had to say before a congressional panel. topper. >> well, bright but brisk, but not windy. it felt better. here are the numbers. they are below average. average is now 61 and 41. record high 86. record low 20. we'll come back and talk about warmer air rolling in tomorrow. what that might mean for your commute home and look ahead to the weekend. and while we like higher temperatures in spring, not so much when it comes to higher gas prices. the latest on the price tag at the pump next.

back on 9news now with the check on prices at the pump. according to aaa, the average price for a gallon of regular

unleaded is up $3.90. that's up a nickel in the last week. in the greater washington area, our average sup to $3.9 99 a gallon. while gas prices are up, home prices fell in january in most major cities. it marks the fifth straight month that prices dropped. the steepest declines were in atlanta and portland. d.c., miami, and phoenix were prices went higher. but despite some economic figures, there are dreamers out there and they are plopping down their dollars for a chance to win the third largest jackpot in megamillions history. tonight's lottery worth an estimated $363 million. the drawing is tonight at 11:00. the odds of winning, 176 million-1. can the president's healthcare law survive the supreme court? we learned a lot today from the justices who are hearing the case. that and all the top world news tonight on the cbs evening news.

trayvon martin's parents met with lawmakers on capitol hill today and they thank those who turned their son's death into a rallying cry against racial profiling. as elizabeth reports, martin's death ignited a fire storm that shows no signs of fading. it has become a familiar rally cry across the united states. calls for justice for the 17- year-old florida boy shot and killed last month by a neighborhood watch volunteer. tuesday, trayvon martin's name echoed through the streets of washington, d.c., straight into the chambers of capitol hill. >> he deserves a fair hearing on what happened that day. >> martin's parents attended a special house judiciary committee, hate crime, and the stand your ground law at the heart of their son's case. they believe their son was shot

because he was black. >> trayvon was our son. trayvon is your son. a lot of people can relate to our situation. it breaks their heart, just like it breaks mine. >> we have come so far in this country that when something like this happens, the whole nation indeed many places of the world rise up to question how this could happen. >> the man who shot martin, george zimmerman, said he acted in self-defense. the orlando sental released these details on what happened. according to the paper, zimmerman says martin punched him in the nose and slammed his head against the ground. no charges have been filed in this case, a special prosecutor is investigating and could convene a grand jury early next month. i'm elizabeth reporting. >> several hundred people from the baptist church in clinton march in front of the justice

department today. they are calling on the government to pursue the case as a hate crime. brought his presidential campaign to maryland today. the state holds its primary one week from today. gingrich made stops in annapolis raise revenue by raising taxes on gasoline. gingrich acknowledged his campaign could use extra revenue itself. he said his staff will have to live on a tight budget to make it to the republican convention this summer. national harbor is one step closer to getting a casino. the maryland state senate approved a bill clearing the way for another casino in the state. the plan still needs approval from the house of delegates, the governor, and a majority of voters. the legislation would clear the way for a casino in prince georges county. and county executive is among those who wants the site to be national harbor. voters in arlington have 45 minutes left to get to the polls. they are casting ballots in a special selection to the seat

on the county board. she was elected to the state senate last year. democrat, libby garvy, mark kelly, and green party candidate are on the ballot in arlington. topper is here with a look at the rest of the week. >> the weather doesn't keep anybody away from the polls. >> very nice. >> it wasn't windy. and we're looking at warmer air tomorrow. that will be breezy tomorrow. difference is, it's going to be a warm breeze. let's start with a live look outside. we are looking at the white house, our live weather cam brought to you by michael and son. 54 after a high of 55. dew point is troubling. it's 11 degrees. pressure rising. 30.27 inches of mercury. winds turned west, southwest at 3. that actually is good, even though the winds are light. the direction is better and might see a southwest light which will keep temperatures up a little bit. we'll watch carefully. 54 arlington right now and also in bethesda. 57 in rockville. 55 in great falls. 53 in reston.

55 in manassas, but 52 in leesburg. to the east, well 56 in college park. but mid 50s for beltsville and 54 down toward andrews. so, here's the deal. we have a cold front on the map for tomorrow. not quite as cold tonight. you'll need a coat if you are headed out. breezy and warmer tomorrow. with that warmth will come with the chance of a thunderstorm. they will be few and far between and breezy and cooler on thursday. we'll have southwest winds tomorrow and winds turn northwest on thursday. by 1:45 or 2:00 tomorrow afternoon, a couple showers showing up on our future cast. north of town, maybe over toward leesburg and loudoun county. by far and away, the best chance will be west of i-81 and in the mountains. put this into motion. by evening, a line tries to develop. the computer pretty emthattic. so, again, a few storms around tomorrow, but not everyone is going to see one.

tonight, clear to partly cloudy, not as cold. a low 32 to 42. winds southwest at 10. again, it's worth checking this out. the moon, venus and jupiter, look west after sunset. all with the naked eye. remember, family that star gazes together stays together. lows tonight, right around freezing in gaithersburg. upper 30s for arlington and springfield. around 40 downtown and 33 towards reston and fairfax. tomorrow morning, partly cloudy, breezy. becoming milder, but you need a coat to start. 30s and 40s and then by afternoon, we'll say partly cloudy, breezy, and warmer. shower or storm possible. 70 to 75. pretty good tradeoff. next seven days. cooler, but nice. mid 60s on friday. and showers and storms possible on saturday. but mild around 70. nice on sunday. maybe more storms on monday. maybe a left over shower on tuesday, but upper 60s by next tuesday. >> not at all. thank you, topper shutt.

i like the family stays together. >> proven fact. >> big game at the verison center for the caps. kristen berset is live. hey kristen. >> reporter: the battle for the playoffs is tonight at verison center. but what's going through the players minds as they prepare for tonight's big game? plus, brenda frieze and the lady terps face off against notre dame. sports is next.

9sports with kristen berset. the best sports in town. welcome back. we are live at the verison center. one of the most pivotal games of the season. it's an interesting scenario that it has come down to these two games. the caps were chosen to pick it all. the sabers were thought to give them a run for their money, but were all but counted out in january. now they won four straight to stay in the hunt. >> everybody is pretty fired up. excited because we know how big this game is. >> right now, we are in the playoffs race and it seems like the playoff game for us.

it's going to be huge and an interesting game. >> the capitals sticking with the brandon, since he was recalled. he won two of his three games, including that 28 save shutout sunday night against minnesota. all right, switching gears now to lady terps. another honor for sophomore, alyssa thomas. she was named to the associated press all american first team. much deserved honor for thomas and the rest of her team as they get ready to face notre dame and the elite 8. that is tonight around 9:00. fresh off their come from behind win against the defending champs. the lady terps hoping to keep that momentum going. >> it's exciting. we just want to stay with the bliss and kind of be unaware of everything else that is going on and just come out and play our best basketball. >> big news out of georgetown. junior thompson will skip his senior year, hire an agent and

enter the nba draft. this wasn't necessarily a surprise. they totally expected this announcement this year. it looks like the redskins and cowboys are out numbered. voted 29-0 to endorse that $46 million salary cap reduction. the skins can still go to arbitration. time now to reveal our high school game of the week poll. among your choices, we have two boys lacrosse games. plus, baseball, soccer. go to dc.highschoolsports.net to vote. just as you saw, they turned down the lights, got the music going. this place is going to be rocking tonight. big game. we'll have highlights at 11:00. >> fingers crossed. >> i'm kristen berset. >> thanks a lot. we'll see you later tonight and that is all for 9news now at 6:00. stay with us for the cbs evening news next with all the latest out of the u.s. supreme court today at 7:00. derek is back with our area's only local newscast and don't

forget our morning show, 4:25 a.m. good night.