here with an update, kimberly guilfoyle and elies weil.o the obama administration is something surprising. it bypassed an appeal process because as the folks may know out there, 21 states -- is it 21? >> 26. >> bill: 26 states say it's unconstitutional. they banded together to bring it to the federal court. one federal court already ruled it is unconstitutional. >> right. >> bill: there is two more steps. but the obama administration says we don't want to take the second step. we want to go right to the supreme court. >> they punted to the supreme court. >> bill: punted? >> absolutely. >> bill: that's a football team. >> i know. >> bill: i used to be a punter. >> they punt right to the supreme court. >> right. it was a bold move by the administration. and i think the reason they did it is because they thought they were going to lose in the -- >> bill: the second one they thought they were going to lose, making it harder for the five pinheads -- four, liberal pinheads to justify -- >> you're calling the supreme court pinheads? >> bill: i be

there is another situation, guilfoyle, in the classroom. okay. now, there are supposed to be standards for teachers. i understand in arizona now teachers don't have to speak good english; is that correct? >> that is correct in a certain regard. basically what the law was, that they were able to single out a teacher go, to a classroom and conduct an audit. this is the state. and determine whether or not the teacher was using appropriate grammar, english, spoke with an accent. >> bill: i used to teacher. once in a while in my classroom some pinhead would sit in the back and take notes mr. o'reilly. that's what you are talking about. that's what they do? >> yes. >> >> bill: so the teacher in the public school system now doesn't speak english very well or grammatically incorrect. >> they could be pulled from the classroom. then there was a claim that this was discrimination, again, against nonnative english speakers and also against hispanics. so now they are saying each individual school district can go in and do an evaluation but you can't just pul

here to explain, attorneys, kimberly guilfoyle. what's the appeal ruling?rt said this miami court gave way too less a sentence, 17 years. that's not enough. you need to give padilla more time than that. >> bill: who appealed the 17 year sentence? >> the government. >> bill: the government appealed to the federal appeals court and said you know what? he deserves more than 17 years. >> right. >> bill: the pinhead judge in miami was too lenient on him. >> exactly. >> bill: then two out of three said you're right. and what was the basis of their why he should get more? >> the two judges that got it right and said listen, this judge failed to account for this future dangerousness potential for this individual and the fact that he received extensive training in an al-qaeda camp in afghanistan. so this is someone who has a prior history, 17 prior arrests, and assault. >> bill: who will resentence him? >> they're saying this should go forward and what they're going to do is appeal it and say we want the full 11th circuit court of appeals to hear this, to reinstate

i'm eric bolling with kimberly guilfoyle, bob beckel, dana

kimberly guilfoyle is co-host of the five, tamara holder is a fox news contributor.to see you both. kimberly, you know, the irony here is toby writes the fourth amendment on his chest, the judge dismisses his claim that he was unreasonably seized and says, you know what? i'll let you argue your first amendment to protest the fourth amendment on your chest. >> kind of ironic. you've got to love the law. gregg: how's it going to play out? is. >> i think the judge wrote an excellent opinion. he was absolutely correct, this was a reasonable search and appropriate behavior by the tsa. they were following protocol and, of course, the courts have consistently allowed tsa wide latitude in protecting u.s. citizens and in monitoring airport activity. when he was acting bizarre, taking off his sweat pants, taking off his t-shirt, he refused to go through the screening process. the case remains now just on a first amendment issue. did they call police because he had the fourth amendment on his chest? i don't think that's the case based on the facts, and i don't feel that he's go

defense attorney mark eiglarsh and cohost of the fife kimberly guilfoyle.'t giver her kid apple juice. he's talking about the fact that arsenic is in the apple juice and that's bad for your kid over the long haul. mark, might he face legal exposure and if so, w? >> i don't there will be a successful lawsuits. but some people thank you threaten to sue him. i'll tell you why he will prevail. the first amendment. i'm not suggesting his findings are accurate. what he's doing is according to him trying to raise awareness, maybe apple juice may be harmful. but more significantly what we eat there may be things in there that are harmful. at the end of the day his message is, i still give my children apple juice in spite of what i learned. so again was it responsible? i don't know. could he have done it in a better way? maybe. but is it lawful under the first amendment? the answer is yes. megyn: is it, kimberly? you have doctors saying this was irresponsible. there was no foundation for it. he created a national scare now and really potentially damaged the juice ma