and if anthony kennedy were to vote with the four liberal justices who certainly showed their hand on wednesday, that they would favor the obama administration position, chief justice roberts wouldn't have to go that way and he's the one who flipped last time and he did it with a lot of fallout, a lot of personal judicial and legal community fallout from his people saying you were a traitor. now, it was justice kennedy who seemed most inclined to buy this idea that it would really be harmful to the states if the government prevailed but again he did vote against the government the first time. pierre: the chief justice played such a critical role last time. did he show his hand this time? joan: no. he was so guarded. he kept his cards close to the vest. he asked two or three things and neither indicated much except at the very end he raised a possibility that would suggest that he could open to ruling for the government but in a way that would let the next administration reinterpret this key law a different way. >> how did the lawyers do this time? you had a rematch of sorts? you had d

anthony kennedy -- anthony kennedy cnet ps3 skeptical question.owerful point to the white house argument the health care law would fall apart it to health care subsidies were ruled unlawful. specifically saying there was a constitutional problem if they roll -- role to help people in fort insurance. both are of five flights of it. hca up by more than 8%. tenet health care by almost 7%. insurance companies aren't gaining but not necessarily significant way. outperforming the broader market but not to the extent you see saw -- see the hospital shares climb. it all increasing. aetna the lacker there. in this case, arguments have artie ended. the ruling is expected to come by jim. >> thank you. the best job in the world. what on earth could it be. some of you might envision show like we're about to show you. sales of whiskey sales rose almost 10% last year. with all of the booze, quality control is critical. meet a burden master taser -- . -- burden master taser. >> name is. ryan and master taster. we are responsible for what the product his life -- t

this time court observers say it could come down to roberts and justice anthony kennedy. how do you read this? >> i felt the same way. i was sitting next to paul ryan the republican congressman from wisconsin, we were sitting side by side in the chamber today and every time one of -- it was sotomayor or it was kagan, i would put fingers up to him, i got up to four with sotomayor and when justice kennedy spoke, i took my thumb and he went up and he started counting his. i think kennedy left it up there for both to find some hope but my sense and i hope he's leaning towards the more moderate voices. and i would agree that scalia seemed to be very cavalier if it hurts people, so be it. i thought that was evident as well. >> wow. how do you read justice kennedy, jeff? >> as the congressman did. he was not hiding his cards. he said several times, i'm very disturbed by the idea that if the challengers' argument is accepted, this would be unconstitutional coercion and an offense against federalism. we know how much justice kennedy cares about federalism. so he will be -- he defi

but as you point out, four doesn't do it, they need a fifth vote anthony kennedy and john roberts seem like the only possibilities. justice el alito and justice sca were very hostile to the lawyer challenging the law. clarence thomas didn't is ask fwhi questions but his views are usually in line of alito's and scalia's. kennedy several times raised the argument, what does this mean for the states? and to be honest, that's a little mystifies what that means, how that would cut in favor or in opposition to the law. i have never seen him so silent during an oral argument. he didn't want to give much away. he asked a question at the very end but that was really about it. and his views, i think, are pretty mysterious at this point. >> okay, well, i never expected that he was going to be the linchpin three years ago, the first time around in the decision that ultimately went the government's way. but if we're back to having anthony kennedy, the guy who ultimately is the most powerful man in the court because he's the swing vote, did you feel him swing one way or the other or was it that wish

. >>> supreme court justices anthony kennedy and steven brier testified on the court's 2016 budget request. the court is requesting $78.27 million, an increase of just over 1% from last year's request. kennedy announced the court does the legislative branch and the judicial branch get to talk to each other. so we look forward to that. i think all of us know that a fair and impartial judiciary is very much a cornerstone to our democratic system of government. the fact that you're here today i think is important. i think the work that you do is obviously very, very important. and not only you resolve disputes between individuals, but also between executive branch, federal government, and legislative branch. and to do that, you need the respect of the citizens and i think you have that. i think you also give respect to the citizens with regard to what is right and what is fair. today is important because we have a chance to talk to each other about issues that are important. one of the things that i want to

justice anthony kennedy the swing judge often on that court apparently just challenged the constitutionalrgument of the plaintiffs, but he says they could still prevail in this case. it's really tough, carl, to read into the question and answer session during these hearings. it was a very interesting thing. one of the issues that people have talked about is the constitutional challenge whether you can really talk about the actual wording versus the actual intention of the law. back to you. >> you got that. made that mistake before trying to read in the justices' reaction with prior challenges. bertha who covers not only tech but health legislation very well. thanks a lot. john, let's talk about the markets. 5k was that it? >> it's just a confluence of bad things. yesterday a ten month low in car sells and netanyahu speech. wake up a payrolls number which comes in 3,000 jobs light of expectations. exxon saying they're going to reduce capital spending by 14%. and then i mean whether or not you want to build this abercrombie miss. the consumers not spending because of low oil prices. exxon a

earlier today, supreme court justice anthony kennedy and steven bryant testified on high court's 2016 budget request. justice kennedy also spoke about cameras into the courtroom and laid out our arguments for having them. here is more now. >> people suggest that maybe the court should televise oral argument and people could see first-hand what goes on. i know the court has historically rejected that. i think it was justice sotomayor before going on the bench thought it would be a good idea to televise oral arguments and once on the bench she changed her mind. i wonder if you think there will be a day when oral arguments will be on television? do you think that is good? or that is not good in the context of education for folks? could you all comment on that. >> the question do i think there will be a day sound like we are behind the times. >> it just a matter of history. if you had english style debate and you were handed the topic and had to be the pro/con you could make a lot of good arguments for television in the courtroom. number one it teaches. we teach what the competition is. w

swing vote justice anthony kennedy seemed skeptical of arguments on both sides.ef justice john roberts didn't show his hand. the obama administration said it has no contingency plan if it loses this case and charlie that will put the pressure on congress and the state legislatures to try to fix it. >> rose: indeed, thanks, jan. a potentially deadly superbug linked to contaminated medical devices turned up in california. four patients were infected with c.r.e., and 64 others may have been exposed. a similar outbreak at ronald reagan ucla medical center is linked to two deaths. in a moment, celebrating the centennial of the chairman of the board. alright, so this tylenol arthritis lasts 8 hours but aleve can last 12 hours. and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? how are ya? good. aleve. proven better on pain. the garden is the story of our lives... told and retold. it's as old as our time on earth. and as new as tomorrow. you can have a yard. or slightly less. gardening isn't about where we choose to

this is from the questions of justice anthony kennedy. he is usually seen one of the swing voter.tion to why it's significant. >> from the point of the dynamic of federalism. it does seem to me that there is something very powerful to the point. that if your argument is accepted, the states are being told either create your own exchange or we'll send you insurance market into a death spiral. we'll have people pay mandated taxes which will not get any credit on the subsidies. cost of insurance will be sky high. this is not coercion. it seems to me that under your argument, perhaps you will prevail in the plain words of the statute. there is a serious constitutional problem if we adopt your argument. >> my legal experience consists of watching la law repeats. break this down in layman's terms so i can understand the significance of that moment. >> can i start by thanking you for your rant for not being able to hear the audio. it's maddening. thank you for playing it. this really becomes, i think, the linchpin of the argument. it's the moment everybody in the room goes -- first of al

anthony kennedy, who told the plaintiff attorney ruling in their favor would send the entire obama care program into a death spiral. david? >> jim avila, thank you. >>> there is still much more ahead on "world news tonight" this wednesday. the big announcement from a fast food giant. major changes tonight, because of what was in the chicken. will others follow suit? >>> also the family on safari getting a big scare. the lion approaching the car, opening the door there. you'll see what happens next. >>> but first tonight, asleep at the wheel. the bus driver nodding off. tonight, we see what happens. crashing into just about everything in his path. that story coming up next. yet i'm so awake? did you know your brain has two systems? one helps keep you awake- the other helps you sleep. science suggests when you have insomnia, the wake system in your brain may be too strong and your neurotransmitters remain too active as you try to sleep, which could be leading to your insomnia. ohh...maybe that's what's preventing me from getting the sleep i need! talk to your doctor about ways to manage y

it could come down to anthony kennedy or john roberts.ion needs one of them to join the court for liberals. the justice department says police officers routinely targeted blacks in ferguson, missouri. eric holder described the findings. >> our findings indicated that the overwhelming majority of force -- 90% directed at african-americans. this deeply alarming statistic points to one of the most pernicious aspects. these policing practices disproportionately harm african-american residents. >> the killing of an unarmed black teenager over the summer setup up weeks of violence and unrest. sales of the playstation for recent -- reached new highs making it the fastest selling videogame console in the company's history. outpacing rivals like nintendo and microsoft. causal makers are facing more competition these days from free smartphone-based video games. the nation's largest public system has added to muslim holy days to the calendar. one is the end of ramadan and the other is the mecca pilgrimage. all students will now get those days off. >

chief justice john roberts and anthony kennedy were unclear. a house committee has subpoenaed former secretary of state hillary clinton's emails on libya. she used her own e-mails instead of the government server. the transmitter received was traced back to her internet service from her home. clinton already disclosed more than 300 e-mails from her personal account. the use of personal e-mails was not against state department policy or law while she was in office. it's beautiful here on the east coast, but if you are bracing for another round of winter weather, you are probably on the east coast. 3,000 flights have been canceled as snowfall approaches the eastern seaboard. new york city expects 4 to 5 inches tomorrow. they are expecting snow and freezing rain in dallas. the next startup may join the $1 billion evaluation process. they say warby parker has not held a formal funding process but with investor interest, it could change their minds. not to the lead -- etsy, the largest market for handmade crafts, has filed to go public. they have a

later, a look at the supreme court's budget request with anthony kennedy and stephen breyer testifying in front of house appropriations subcommittee at 3:00 p.m. eastern live coverage on c-span3. chinese premier li keqiang held a news conference after the closing of the national people's conference. he answered questions on both domestic and foreign policy, including environmental protection u.s.-china relations and the ukraine conflict. this portion is courtesy of china central television. >> with huffington post, in under the dome, a documentary the filmmakers complain about big oil companies like petrol china have been a block to the introduction of policies on environmental protection and law enforcement in this field. for example, in the subject -- setting of quality standards of gasoline consumed as well as introduction of wider use of natural gas. my question is, if it is, it is it true that these companies are posing an obstacle to enforcing environmental protection laws and policies? if so, what steps will the chinese government take to remove such an obstacle? premier li: [sp

decision would be expected in june and the two justices we will watch closely is just uponis anthony kennedy and john roberts. he was the crucial vote that kept obamacare alive. the question was raised about the individual mandate. >> a lot of people watching today. the bottom line, how much are the subsidyies worth and how many americans will be affected? >> the numbers on that are rough tough. you have eight million people who lose health insurance as a result of those numbers, but it changes the whole model if you take young healthy people out of the system who get the subsidies. insurance may go up for everyone else. >> the trickle down effect. to you doug. >> is howard university setting the bar too low? the new incentive program is creating a buzz. the schools will pay for half of the students's final semester if they graduate on time. that is a $6000 savings and more if the student graduates early. >> think before you snap a selfie. the smithsonian is banning selfie sticks. it is meant to protect displays and serve as a precaution when the museum is crowded. it's just the latest in a

but the chief justice who is the deciding vote to uphold obama care and swing both anthony kennedy. justice kenned kepd asked both sides tough questions and the chief was quiet today. we'll have to wait until the end of june and see how they make it out. gop law makers said if the subsidies fall. it could be a death nel. and it could be a death spiral for the law. gop has a back up plan. and prove they can govern. and the subsidies are going to sen or 8 million people right now. jon. >> but the language is clear in the law, supporters are asking the the court to ignore the language and specifics and take what is implied. >> you sound like justice skalia jon. you there is no way that it was intended for the states. the justice asked why did they write the law this way. the minority in the house who was speaker and sitting a now feet away. some voted for or against. and they were sitting in the front row and i watched her when they talked about the law and how quickly it came together and there were those who alluded read sdp it and pass it. she was front and center for all of that to

and anthony kennedy the swing justice. both of them are very close to that.ef justice of the really say a lot. basically that means you were going to have to wait until the end of june and then we will come running out of the pennant and let you know. andrea: this court ruling to determine the entire ruling of the obamacare lot and it's very clear. this is not a drafting error, the lot was deliberate we set up this way as part of a deal that they cutlet senator ben nelson to give the states more state implementation and it wasn't a looksee. >> that's right, we have to understand that this is the biggest lunacy of all time. how there was an public outrage about not knowing this the american people in terms of transparency, later they said it was part of the irs and part of a taxation thing and here we are again with this issue. and so i have to say one thing. i blame the gop for not taking the lead on this one they should have. we knew we needed health care change and some different ideas and that way we do need that. so the gop is not able to sell their ideas

chief justice john roberts and anthony kennedy, will same-sex marriage be a right in this country? mitch mcconnell or speaker boehner or the tea party or president obama. ask the supreme court deciders, roberts and kennedy, because when you want to know what the lauf of the land is, it's roberts and kennedy. they know, because these two people are the pair who will decide the issues. that's "hardball" for now. "all in with chris hayes" starts right now. >>> tonight on "all in" -- >> some of those protesters -- >> the justice of report on ferguson is out. >> it's time for ferguson's leaders to take immediate, wholesale, constructual action. >> inside the federal government's jaw-dropping finding of systematic discrimination in an american city. >>> then, it's like 1998 all over again. the latest on the clinton e-mail mess. >>> plus, it's like 2000 all over again. >> it does appear to be a 5-4 opinion. >> why today's supreme court obamacare arguments could be the most important since bush v. gore. and it's like 2003 all over

justice anthony kennedy here playing that role today. on one hand challenging the petitioners.e other hand, later in the argument seeming to come out against what the government was saying on all of this. those subsidies go way for folks in those states. some 8 million people. they have no backup. >> they want it to mean. >> those plaintiffs say those four words are clear. melissa: safina hillary clinton's personal e-mail. clinton addressing the subject that has people really concerned. >> i want to answer right from the start. people have read a lot of different day into my pants who. [applause] melissa: steve moore is here to discuss this more. she could barely do it. white gold dress thing. what do you got? >> she invented twitter didn't she? >> when you are using private e-mails, that means you don't want anyone to find out what you are saying. what is she saying? i cannot wait to read these. melissa: james freeman. whatever reason, my brain cannot handle that. it is a lot of trouble. making sure you can have control over these e-mails. you have total control over what is t

potential swing vote justice anthony kennedy had tough words for both sides telling the plaintiff's attorneythere is a serious constitutional problem if we adopt your argument. later saying that if the phrase in question is truly ambiguous it would be a drastic step to say the irs could make a single call regarding billions of dollars of subsidies. a number of justices mention the negative impact a sentiment echoed at the white house. >> there is not a lot that the government could do about it other than congress passing legislation to fix it. i think we are all pretty realistic about the likelihood that that is going to happen. >> reporter: the administration said it has no backup plan if the government loses the case. a number of lawmakers say they do and if they win they will do everything possible to make sure no one loses coverage for any period of time. we will have a decision by late june. >> thanks. >>> stocks were down today. the dow lost 106.5. the s&p 500 dropped 9. up next iran joins president obama in criticizing israeli prime minister benjamin netanyahu. here is what fox affili

differently saying to solicitor general donald varrely quote -- potential swing vote justice anthony kennedy had tough words for both sides telling the plaintiff's attorney, quote -- later saying, if the phrase in question is truly ambiguous, it would be, quote, a drastic step to say the irs could make a single call worth billions of dollars worth of subsidies. striking the subsidies could have on the overall law, a sentiment echoed at the white house. >> there's not a whole lot that the government could do about it other than congress passing legislation to fix it. but i think we're all pretty realistic about the likelihood that's going to happen. >> reporter: the administration has no backup plan if the government loses this case but a number of gop lawmakers say they do, if they win here they will do everything possible to make sure no one goes without coverage for any period of time. we'll have a decision by late june. lou back to you. >> shannon bream. much more on the obamacare arguments with the a-team steven and lisa join us later in the broadcast. >>> up next new details on the los

arguments, a lot of people are openly wondering if the swing vote might not be justice roberts but anthony kennedy. at one point during the oral arguments today, justice kennedy asked a question in which he seemed very worried about the prospect of the supreme court effectively destroying the health care system in more than three dozen states with this one ruling. he said to the plaintiffs' attorneys today, quote, there is a serious constitutional problem if we adopt your argument. this is my favorite data point from the whole day today. after justice kennedy said that, in the oral arguments on this case, look what happened in the outside world. look at the headline here. hello? do we have it? oh, come on. hospital stocks surge. come on, hospitals had argued -- all right. hospitals argued they would suffer significant harm by striking down obamacare in this case. when justice kennedy said he saw constitutional issues, hospital stocks went through the roof. hospitals rose more than all other stocks on the s&p 500 index. so, yeah, we must be humble at times like this. we cannot report things that we

he's not really showing his hand and the other is justice anthony kennedy. he had tough questions for both sides, but he did say at one point that's worried if these exchanges or subsidies go away for so many people, that it could throw the insurance market into a death spiral. but i think it's too close to call at this point. >> lisa stark for us in washington. thank you. >>> in the supreme court sides with the plaintiff in this case, millions of americans could lose the tax subsidies that help them to afford health coverage. virginia is one of the dozens of states that could be affected. libby casey has more. what did they have to say? >> millions around the country are bracing for the potential of losing subsidies. they get hundreds of dollars a month to help them pay for health insurance and many have budgeted carefully expecting these subsidies to come their way. now we met one family who is already thinking about the tough choices they may have to make. [ piano music ] >> the seven-year-old is not just learning her bach and beethoven. she's learning to

and at 3:00 eastern time, live coverage of supreme court justices anthony kennedy and steven breyer testifying on the supreme court's budget before a house appropriations subcommittee. on everything from salaries and expenses to how much it costs to maintain the building and the grounds. we'll have that live for you in about 30 minutes here on c-span 3. before that hearing, though a look at the affordable care act with an attorney from the republican national lawyers association policy conference. they met here in washington, d.c. last week. the theme, executive branch overreach. this is about half an hour. >> yeah. i'm really worried about that introduction for two reasons. because this is not going to be entertaining. and it's not going to be intellectually stimulating. the reason being this is literally the simplest case i've ever done that anybody could ever do because the law is so clearly on our side in king versus burrwell. as you probably know the relevant provision says that the zip for exchanges are available on, quote, exchanges established by the state under section 1311. the obama

. >> now, inside the court justice anthony kennedy, a potential swing vote really questioned lawyers on both sides about the negative impact if the government loses the case but he really didn't commit to supporting either side. he is supportive of the government, and he is very unusual for the better part of the 90 minute argument we heard today. chief justice john roberts was silent three years ago when the individual mandate was on the front burner. it was justice roberts that cast the deciding vote. tyler. >> fascinating, and we will see, i assume sometime in june. >> late june yes. >> when the decision comes out. thanks very much. hampton pearson reporting. >>> to dominik, market flash where are. >> those comments tyler, again moving the market here. if you look at the health care and hospital names rallying here, hca currently the best performer on the large cap s&p 500, moving to the up side by about 6% today. tenant health care moving as well. currently up 5%. now, as hampton said these moves come after supreme court justice anthony kennedy made comments, but he did also hint

. >> reporter: the swing votes might be justice anthony kennedy and chief justice john roberts but neither gave a clue about which side they might back in this obamacare battle. a new nbc news/"wall street journal" poll found 54% of americans want congress to act step in and make sure the subsidies get paid in the affected states if the high court guts the current plan when it rules by late june. but when somebody in oral arguments in the court today suggested congress cooperate and fix this problem, somebody else said, this congress? and everybody laughed. i'm steve handelsman news4. >> steve, thank you. >>> same sex marriage is once again on hold in alabama. that state's supreme court issued a ruling last night ordering alabama's judges to stop issuing marriage licenses to same sex couples. it's an order that contradicts a ruling from federal judges last month. the u.s. supreme court will hear arguments in april on whether states have the right to ban same sex marriage. >>> next at 6:00, it was him. some of the first words in the boston bombing trial from dzhokhar tsarnaev's own attorney

questions but i do want to note from a comment from the key swing voter on the court, justice anthony kennedyhe lawyer for homeowners. we ran the sound bite from him. he said, kennedy said, quote, it is hard for me to think a decision in your favor wouldn't hurt mortgage lending. the market for second mortgages would dry up. gerri? gerri: very interesting, peter. thank you. now to our guests. so what could the supreme court's ruling mean for homeowners? hear to weigh in rick sharga, option.com. barry spleen, ceo of new tech business services. i want to ask both of you, rick starting with you is this a good idea to forgive these second mortgages? does this make sense to you? why, why not? >> from a consumer perspective you would like there to be a way out for these borrowers who are underwater. but for all practical purpose this is is terrible idea. i think justice kennedy hit it right on the head. if you start forgiving these and wiping out second loans in bankruptcy cases, it really pretty much eliminates the market for second mortgages going forward. so borrowers who are already stressed ou

and, we kind of would include justice anthony kennedy the key swing vote in that bloc based on his questions. the courts four liberal appointees appeared to suggest support the epa's rationale for new regulations. gerri? gerri: peter, thank you for that. >> you bet. gerri: will the supreme court finally put an end to the epa overreach? here to weigh in guy benson political editor for town hall and fox news contributor. always great to have you on the show. set aside cost benefit for just a second. the epa is saying the country's power plants are belching mercury arsenic acid into the air at alarming rate. are they right? >> look i'm not an expert and they would hold themselves out as expert as an that question. i think most americans would agree we want the air that we breathe to be clean. but you know what else we want, gerri? we want jobs to stay in this country. we want people to be employed and we want affordable energy. and it is a balancing act. so the fact that the epa and the government did exactly what you just said not just because you posed a question a hypothetical question setti

chief justice roberts who said virtually nothing during the argument, was very quiet, and justice anthony kennedyaised with the challenges what he called a serious constitutional problem with their argument that the congress intended to induce the states to create exchanges by limiting subsidies to state exchanges. this, he said, could be coercion, the kind of coercion of the states that violates the constitution. so i think those two justices are the ones that may well hold the balance here. >> woodruff: marcia coyle at the court. thank you. >> my pleasure, judy. >> ifill: we take a broader look at the case now with michael cannon, director of health policy studies at the cato institute. and, neera tanden, president of the center for american progress. she is a former senior advisor to president obama and helped write the affordable care act. let's go for a little context here. was the administration -- the four words marcia was just talking about putting them into the acts was it intentionally trying to conceal or was it an unintentional loophole? >> i actually think it's neither if you look at

. >>> supreme court justices anthony kennedy and stephen breyer were on capitol hill monday to testify about the court's 2016 budget request. they also took questions on other topics, including this one posed to justice kennedy about cameras in the courtroom. >> people suggest that maybe the court should televise oral arguments, that people could see firsthand what goes on and i know the court has historically rejected that. i think it was justice sotomayor before she went on the bench thought it would be a good idea to televise oral arguments and then once she was on the bench, she changed her mind and thinks it's not a good idea. so i just wondered is any -- do you sense any change -- do you think there will be a day when oral arguments will be on television? do you think that's good or that's not good in the context of education. could you all comment on that? >> the question do i think there will be the day it sounds as if we're more or less behind the times. if you had english-style debating and you were handed the topic and you had to be either pro or con, could you make a lot of

supreme court justice anthony kennedy has criticized the system of mass incarceration in the united states, saying it relies too heavily on solitary confinement and is "broken" in many respects. kennedy, seen as the most moderate voice on the court, and often a key swing vote, made the comments before a house panel. >> we had a case, for our court a few weeks ago. the prisoner had been in an isolation so according to an attorney -- i haven't checked it out -- for 25 years. solitary confinement literally drives men mad. even dr. mamett lost his mind. we simply have to look at this system that we have. we haven't given nearly enough study, nearly enough thought nearly enough investigative resources to looking at our corrections system. in many respects, i think it is broken. amy: an arizona woman who spent 22 years on death row has seen the murder charges against her dismissed. debra jean milke was convicted of recruiting two male friends to kill her four-year-old son in a case that rested heavily on a now-discredited detective's claim milke had confessed. milke has been out on bond since he

. >>> supreme court justices anthony kennedy testified on capitol hill monday on the supreme court's 2016 budget request. the court's requesting $78.2 million, a 1% increase from last year. justice kennedy announced a new electronic filing system to track petitions. he also said he doesn't think cameras in the supreme court with a good idea. this is an hour and 20 minutes. >> well, this hearing will come to order. first of all, let me welcome justice brieer and justice kennedy. thank you for being here today. i know both of you have testified before our subcommittee in times past and we appreciate you coming back and being with us here again today. we all look forward to this time to have an exchange. not often does the legislative branch and the judicial branch get to talk to each other. i think all of us know that a fair and impartial judiciary is a corner stone to our academicdem democratic system of government. i think the work that you do is obviously very, very important. not only you resolve disputes between individuals, but also between executive branch of the federal governm

hard to tell which way they will go, but do want to mention a comment by swing voter justice anthony kennedy to the lawyer for the homeowners, he said, quote: it's hard for me to think a decision in your favor wouldn't hurt mortgage p lending, the market for second mortgages would dry up. cheryl: that is interesting, but, yeah, the 11th circuit court of appeals upheld the discussion. >> reporter: that's right. cheryl: peter barnes, thank you very much. we are going to have a lot more on this topic, i'm going to be talking to dan humphries about this story and, of course, new home sales. >>> closing bell, 29 minutes to go. a question, what caused a low-cost german jetliner to crash into the french alps this morning? french investigators are now on the ground combing through the wreckage. they recovered one of the plane's black boxes. we are, of course, going to have the latest details on this developing story today. >>> and also we're following something out of california. the sexual discrimination suit against venture suit against -- [inaudible] is wrapping up today in san francisco. will ju

. >> reporter: the swing votes might be justice anthony kennedy and chief justice john roberts but neither gave a clue about which side they may back in this battle. the new nbc news/"wall street journal" poll finds most americans 54%, want congress to act to make sure the subsidies keep being paid in the affected states. ss if the supreme court guts the current plan when it rules in june. when it was suggested today that congress might fix this, somebody said this congress? and everybody laughed. back to you. >> interesting. all right steve handelsman with the latest on this big story. thank you, steve. >>> veronica, how much are we going to get? >> come on. >> i'm tired already. we're going to have enough snow enough to shovel probably in two sessions. but we've got our own snow equipment, don't we? if you want to see the snow equipment that jim, pat and myself have, go to our facebook. here's what to expect tonight and as we get into the day tomorrow. the transition from rain to snow will start early tomorrow morning, just before sunrise. rain some heavy tonight, then snow turns around

today the swing vote was the swing vote, anthony kennedy is one who questioned both sides, seemed tostatements supporting both the plaintiffs and the government in this case. when it comes to chief justice roberts he really didn't say all that much today. you can raps infer some comments were for those against the government for overturning a piece of the health care law but there really wasn't enough substance to make that determination. he is really not tipping his hand. kennedy tipped his happened both ways today. liz: it is interesting, there are some critics, people who are for it, but one said if we got rid of it, it would simply go back to charity care. that is an analyst who looks at insurance companies. insurance companies and hospital companies skyrocketed today. >> yeah. they must believe perhaps this is going to be upheld. these are companies that are going to receive billions of dollars, are receiving billions of dollars in subsidies. if it goes against they government, it is up to congress to figure out a way to patch this or administration. insurance companies and medi

the other usual swing justice here anthony kennedy, seemed to be of two minds. he seemed to agree with the challengers at the bare words of the law may not be where the government wants it to be may not say you get the subsidies whether you're in the state or federal exchange but he said if you go with the challenger side that may be an anti-federalist coercion of the states. it may force the states to set up an exchange to they don't deprive their citizens of the subsidy. a lot is at stake here today because roughly 7 million people depend on the federal subsidy who get their insurance in the healthcare.gov federal exchange. they get an average of 72% discount on their insurance because of the subsidy. it's critical for many of them to be able to afford it. as you might have expected today, andrea, the court's liberals seem to side with the government today saying the statute doesn't make any sense if you read it the way the challengers do. but the court's conservative justices scalia and alito, were the most energetic in questioning the government's lawyer tod

the likely deciding votes in this case will be the chief justice, john roberts and anthony kennedy who roberts said almost nothing today during the hour and a half arguments here. he did not pepper the government's lawyers with questions as he did three years ago when the obamacare case was here in its infancy, so we can't really read anything into that. i don't know whether it means he has made up his mind thinks his conservative colleagues don't need persuading from him on the bench or what. the second thing justice kennedy said if you read the language of the law, it seems to be what the challengers say, that you only get the federal subsidy if you're buying insurance on the state exchange. but he also said that if you read it that way, it might be unconstitutional coercing states to set up their own exchanges so they don't leave their people without this federal subsidy. so let's remember what's at stake here health insurance for probably some 8 million people because the government argues without the federal subsidy, those people low and moderate income people would not be able to