alan colmes is host of the alan colmes show.lan, there's a piece in the "wall street journal" that's by kimberly that talks about how if they had gotten this through, the democrats, this omnibus bill, it would have been a major victory for them, and the xop support -- gop support would tarnish the goodwill that the republicans just won. >> certainly among the tea party base, the far right base and those who ran on fiscal restraint, probably that's the case. many be republicans favored this -- megyn: nine. >> well, a number of key -- megyn: a number, yes. >> in the senate, that's still, you know, enough to pass legislation if you get enough support on the democratic side. and i don't think you can look at this in isolation because the real victory is the tax cut bill that is a great victory for the white house and it's really a stimulus bill -- megyn: harry reid's unhappy about that one too. >> they've got to say that because their base is unhappy about it. the liberal -- the further left you are, the more unhappy you are. i'm a

here now to react fox news analyst alan colmes and monica crowley. can imagine that the supreme court when it hears it would uphold the fed's right to force people to buy it. 5-4 decision. in my opinion, you can't do that. >> that's my prediction as well 5-4. but that assumes that elena kagan recuse herself from hearing this case. she was solicitor general for a couple of years under president obama. she did argue on behalf of obama care or at least participated. >> bill: can they force her to recuse. >> it's unclear. if she does recuse herself. >> bill: it's over it? >> could be a 4-4 decision. in that case they have to let the lower court decision stand. >> bill: no, kagan would vote for it kennedy is the swing vote against it? >> correct. but if we recuses herself then you get a 4-4 decision. >> bill: it would be 5-3 decision. i'm going to kennedy saying no way. >> okay. >> bill: okay. i agree. >> i agree with you. >> kennedy would be a swing vote. we don't know how he would vote on it. >> bill: you can't debate this. it would have to be heard. le