and foremost it is our 2nd amendment rights that would fall squarely within the liberals cite, the heller decision authored by justice scalia recognize based on the intent of the framers that the second amendment guarantees and individual constitutional rights to gun ownership again is as one law professor noted in the new york times with another liberal in the court, the five would narrow heller to the point of irrelevancy, end of quote. another said this, if we get a 5th liberal on the court the pendulum and swing pretty quickly on gun control. pikes back through would see a major shift in aa kind of gun control laws i get approved by the court. the individual constitutional rights would be turned into a relic. it would be an ornament without any practical limiting effect and the government's infringement upon the constitutional right of an individual to have gun ownership. once this happens all bets are off on the right to keep and bear arms. next,. next, the first amendment right of the american people to make voices heard would be drastically curtailed if the court overturns citizens

the centers in heller was not that some gun control provisions are acceptable sometimes. he position was that the second amendment does not protect any individual rights to keep and bear arms whatsoever. that is only protects a "collective right of the militia," which is fancy lawyer speak for a nonexistent right. the government could make it a criminal offense for every person in this room to own a firearm and none of us would have any individual right to challenge that under the second amendment in court. the second amendment effectively goes away. we are one justice away. let's take another issue near and dear to everyone here. free speech and religious liberty. look at the hobby lobby case. the hobby lobby case where i filed an amicus brief supporting hobby lobby. 5-4 that thecluded government could not force a christian company to violate its faith in the belief of its founders. one liberal justice away from the supreme court saying, everyone of you, the government can force you to choose between violating your faith or succumbing to the mandate of the government. a

you can tell where his view was before heller and you have to wait and see what his view would be if he were confirmed to a supreme court seat after heller. >> so when conservative media outlets say he's anti gun, are they stretching the truth? >> i think perhaps that's stretching the truth. the point is lower court judges and that's what he is, are bound to follow what the supreme court says and prior to heller, the supreme court basically said that's no individual right to own a gun. then the question is how much of a right? i mean how much of it is state regulated. you would have to ask him questions in a confirmation hearing. >> that's the argument we've heard from other officials there should be hearings in order to ask the questions. i want to step back before. you had an interview about president obama's choice. let me play this. take a look. >> by the way, when are you offering the job? >> over the weekend. >> well, he's a very good actor because i had dinner with him sunday night and he looked like just the same he wasn't going to get it. >> i thought that was fascinating. t

>> i know you said the heller case and the second amendment could, by themselves, be a separate lecture. but i do have a naow question. is there anything in the writings -- what comments would be instructive on how he would view the heller decision? richard: one thing he says in the federalist papers, it is a passing remark. he is comparing the united states favorably to europe. and he says, well, you know, europeans will put up with a lot of stuff that we do not put up with here and we can resist because we are armed. and he is not talking about armies. maybe he's talking about militias, but certainly not armies. he is talking about armed, and even if it's about militias he , is talking about ordinary people who have their hunting guns and are familiar with the use of them. and he says this even know he is a civilian and not one of the founders who fought himself. but that is what he says. that is the only indication that i know of. so next? >> maybe a little simple, but what i understand is the way you described the constitution is a living document. that is something a lot of people

is there anything in the comments would be -- how he would view the heller decision? richard: one thing he says in the federalist papers, it is a passing remark. he is comparing the united states favorably to europe. well, you know, europeans will put up with a lot of stuff that we do not put up with here, and we can resist because we are armed. ar he is not talking about mies. maybe he's talking about militias, but certainly not armies. about militias, he is talking about ordinary people who have their hunting guns and are familiar with the use of them. and he says this even know he is a civilian and not one of the founders who fought himself. but that is what he says. so, that is the only indication that i know of. next? may be a little simple, but what i understand is the way you described the constitution is a living document. would you say that the bill of allows it to be such a document, and in any way it changes the perception that we because of howts it changed our understanding of laws? richard: marshall does address this in one of his decisions. he says, and

he's blogged against heller. heller is the second amendment case, the big second amendment case. think on that, he'd be pretty weak, and i think he's much more moderate than sotomayor and the other judges that president obama has put in, but republicans are smarting, monica, because they've lost. they've controlled the selection process for i don't know how many years, and they have blanked on the people they put on court that are not in the scalia/alito mold, and that's why there's such anger. >> they're already orchestrating attack ads and petitions and a media blitz against merrick garland, so they are ready to go. they're not joking around here. >> but the democrats have the exact same thing. the democrats are going to be zeroing in very specifically on senate candidates that are in purple and blue states, including our own state senator, which we just saw -- i mean, our united states senator, senator toomey, to say, "we're gonna put our money in with the voters to say this is something that you're supposed to do. you're at least supposed to give this person a review, give th

would a justice garland overturn the heller decision?> there is concern based on dissent he wrote at in 2007 circuit court in earlies of washington, d.c. regulation of handguns. giving a lot of people in the conservative community pause what his true bonn feeds was. david: your best guess, would he overturn heller? >> he might. he might. better than 50% chance. david: peter johnson, jr. thank you very much. come back. melissa. melissa: s&p 500 enjoying or ending at highest level of the year getting boost this afternoon after the federal reserve announced it would hold interest rates steady. the fed indicating when it decides to lift rates it will be gradual, penciling in only go possible hikes this year. now down to four hikes in december. down from four hikes. david. david: new details after an american student sentenced to 15 years hard labor in north korea. his crime? allegedly stealing a poster. more what happens now. melissa: wow. john kasich hitting the ground running today. he may have won ohio last night but can he snag enough de

this is his only chance to reason with heller if he were to have any chance to get through to him. as the secretary of ushered him into the office one considered how he might address those concerns in a way that hitler would understand. does anybody know about six? the nobel laureate use the position in protest. he was a national hero for producing poisonous gases that without which we would have lost from the start. i have nothing against jews but all jews are communist in the latter is my enemies in dickens them my fight is directed stick there are different types of shoes. the holds families of the highest german culture and he suggested a distinction should be made. that's not right. a jew is said to and they all stick together like birds. it should offend the duty themselves to put that dividing line between the various types. that is why i must act equally but that would be cumulate our work in entirely to the benefit of foreign countries civic people say i suffer occasionally. steve if this is linda i have nerve isn't -- nerves of steel said he began to spitting - - beating

heller: mr. president? the presiding officer: the senator from nevada. mr. heller: mr. president, thank you, and i want to thank my colleagues on both sides of the aisle on this particular piece of legislation. i know there is a lot of passion behind this, and there should be, and i do believe at the end of the day, mr. president, there will be an appropriate authorization on spending levels so we can get this bill passed, it's something that i support. i also want to thank the chairman, chairman grassley, ranking member leahy and all those that have been involved in this particular topic of bringing opioid abuse to the forefront. opioid abuse is an issue that every member of the senate hears about when they go home. for many nevadans, substance abuse is an issue that hits close. it's an issue i read about in constituents' letters and far too many calls come in on this issue to my office. like many of my colleagues, i've heard from those who are struggling with addiction or who have lost a loved one to this epidemic. in my home state of nevada, there were 545 drug yoid

you're 3 3 good morning everyone,thanks for starting your morning with us.i'm jacob heller...and i'm meteorologist cat taylor. 3 look for mostly cloudy skies today with highs only reaching the lower 30s and a few falling flurries.for tomorrow and thursday the clouds are definitely going to hang around and by wednesday night into thursday we could see another rain and snow mix enter the picture. temps both wednesday and thursday will be the end of the week, things start warming up again. looking for highs in the 60s to close out the weekend. 3 this morning sportscaster erin andrews will take the stand again in her civil lawsuit against a nashville hotel and a man who admitted to stalking her. the suit is from 2008... when a man secretyly recorded nude video of andrews. as reporter don champion shows us... monday... she testified about the moment she found out the videos were posted online. 3 chyrons:erin andrews/sport andrews/erin's mother(pkg)(sot mon0400 :44) "the front page of the new york post said espn scandal"(-:47) on the stand monday, erin andrews relived the nightmare of find

but his vote on the precursor to heller when he asked for it to be reconsidered, many people believee was opposed to the ultimate decision in that case, and heller is gospel for conservatives. >> recognizing an individual right to bear arms. >> that's right. you could have the nra score this vote. you could have the nra saying we think that he's a nonbeliever, and you vote for him, you're voting to endanger this key case. that could be a real game changer. >> he's unquestion my qualified, tom. but we have got on the a state where that no longer gets you through. they look at you ideallogically now. >> it's because the supreme court has itself used so much power that is it just like every other institution in town. >> great to see you. >> thanks, megyn. for you. >> at least equal. great to see you. >>> donald trump has more than 60 delegates. but what happens to the hundreds who signed up for rubio? carson or ifcarly fiorina? that's next. i know how it is. you're all set to book a flight using your airline credit card miles. and surprise! those seats sometimes cost a ridiculous number

congressman joe heck and senator dean heller both gave similar responses to the governor... with heck saying he's focusing more on his own senate race. now fox5 weather 24..7. with chief meteorologist ted pretty highs stay in the low-80s through the workweek and for saturday. we stand to match a high temperature record on wednesday with an expected high of 82..the record is 82 set in 1967. we should be within 2-3 degrees of record highs through saturday afternoon. saturday gusts to 25 mph from the with gusts to 35 mph. we'll also see a slight chance of showers on sunday afternoon with a high of just 65. we'll keep a chance of showers for monday and tuesday morning with highs in the mid to upper 60s. highs stay in the low-80s through the workweek and for saturday. we stand to match a high temperature expected high of 82..the record is 82 set in 1967. we should be within 2-3 degrees of record highs through saturday afternoon. saturday gusts to 25 mph from the southwest get much stronger on sunday with gusts to 35 mph. we'll also see a slight chance of showers on sunday afterno

joining me at the table are martha heller and others of the media bureau's policy division. >> mr. chairman, commissioners, we are pleased to present this notice of inquiry that provides an opportunity for industry stakeholders, consumers, and others to voice their concerns about the state of diversity, competition, and innovation within the video programming marketplace. over the last quarter century, we have seen significant changes in the media landscape that have fundamentally altered the ways in which americans access programming. consumers can access programming over multiple media platforms. however, incumbent operators retain a very important position in the video programming marketplace. obtaining carriage from traditional nvpds is still vital for the growth of many emerging programmers. through this notice of inquiry, we invite comment generally on the state of independent programming marketplace and the challenges that new and emerging programmers face in attempting to launch or grow. we also seek comment on several specific challenges that have been identified in other

heller. in a 5-4 vote the court affirmed an individual's right to keep and bear arms. striking down d.c.'s ban on handguns in the home. the inherent right of self-defense, justice antonin scalia wrote in the majority opinion has been central to the second amendment right. but scalia added, the right is not unlimited. also, leaving room for gun regulation. area. >> it is absolutely a continuing gray area. absolutely a continuing gray >> another gray area. is how the court might rule on future second amendment issues. after the sudden death of judge scalia in february. >> so. you know. a lot depends on, on -- on -- who replaces justice scalia. >> most people who live in urban areas can't imagine why anyone would need a room full of rifles and handguns. for millions of americans who live in the wide open spaces firearms are a way of life. here's ted koppel. >> reporter: itch you have ever wondered where the deer and the antelope still roam, this is it. you know to so many people. looks like he has been riding all his life and bears a striking resemblance to teddy roosevel

this came to an explosive light from the miami-dade heller that details the ac cases f fm one of his applause. he is in his first season at fiu, suspended und for alleged sexual misconduct, sexual harassment toward their star mayor destiny fiegen. for now fiu said it ising could ducting the investigation, it's an ongoing investigation, will not comment any further. diego fiegen came to the university and the ncaa, reports of the fact that he had send her sexually explicit text medical centers and much more throughout the course of the last year. again, this story is developing and for now all fiu will say is that they're setting the situation. from the arena i'm will manso, local10 news. c another day of emotional testimony from sportscaster erin >> laurie: what she says the secret nude videos of her on the internet of done to her career on "world news tonight" at 6:30. >> betty: march 1st did not disappoint. i'm chief meteorologist betty davis. i hope it's been a good day for you i'll let you know what's coming up on the second day of this new month. >> calvin: first we talk with he

heller has a lot next door that is just a magnet. been making arrests, we have been arresting people who are already on probation or parole who are breaking into cars and they are not getting a vigorous sentence if they are getting anything. really my no. 1 thing would be never leave anything in the car, no. 2, high visibility patrol in the areas we know are problematic and hopefully being able to reestablish a plain clothes team to try (inaudible). >> that's one of the things i was going to say. if you get one person they tend to break into multiple cars. a good plain clothes operation can get someone that -- i know, chief, there was some collaboration with the district terb's office. i think i read that. would there be anything that we should know about, how we're partnering with the district a's office specific to these crimes. >> we do have the auto burglary task force. we had one years ago and we are having success with these guys. we got one guy, we were able to attribute him to 22. in san mateo county, let's say a person does

left wing judicial activist who will undermine religious liberty and we're one vote away from the heller decision being overturned which would effectively erase the second of amendment from the bill of rights. if you care about the second amendment, you need to ask who on this stage do you know will appoint principled constitutionalists to the court and not cut a deal with your second amendment rights? >> mr. trump, so we're listening to the all talk, no action politician and he was the primary supporter of john roberts who gave us -- >> flat-out wrong. >> no, it's not. you take a look. he was the primary supporter. he pushed john roberts and pushed him and pushed him and bush ultimately appointed him. he got appointed. and when it came his time to raise his hand and kill obamacare, not once, but twice, he let us down and he did the wrong thing. this is the man that was the primary supporter and you can read law journal, read whatever you want to read, i've read plenty of it. there was no stronger supporter of john roberts than him. and it was a very, very big mistake. >> quickly, senato

case atenced the heller the supreme court.oes his record on the court really tell you about what his stance on second amendment is? guest: i am not sure it does. two interesting cases, two pieces of information absolutely . the first one was not a second amendment case, it is a case of agency deference he. in favor of the ability of the clinton administration to hang on to records of people who underwent background checks to purchase guns. instance, case was an this is the case that ended up being the heller decision, a landmark decision, but all we have from judge garland is a vote to consider the case. we do not have an explanation. there was a panel of three judges that ruled in favor of gun rights in what at that moment at least was a big ruling, as the supreme court had not yet said there was an individual right under the constitution to bear arms. judge garland, along with a total of four judges, including one republican appointee said we want the full d.c. circuit to consider this case. ,e do not know whether he said th

i wonder your views about heller which is the opinion in 2007 by the supreme court finding that basically the second amendment protects an individual right to bear arms. do you think that was properly decided? would you look for a justice who would overturn it? >> chris, i'm not going to go through every supreme court decision. this is what i will tell you. i don't go around coming up with litmus tests every other day. i'm obviously pro-choice, 100% voting record for women's rights. for the environment and so forth. i worry, very much, about the future of american democracy. the degree to which we are going to have a vibrant democracy if citizens united continues to stand. this, to me, is a very fundamental issue underlying the whole nature of american society. i will not appoint or nominate anybody to the supreme court who is not loud and clear, making it very public that not only will they vote to overturn this disasterous citizens united supreme court but push it to come up as soon as possible. >> one of the things citizens united gave rise to is super pacs. i've been surprised by what

big picture will be good for heller cotton and donald trump. and it is the first day we have multiple states voting on one day. winld trump will probably massachusetts and alabama. lastole was the person to win both states. you can go back to 1996 to find the year when the same republican one alabama and massachusetts. part of tonight is the psychology. show a dominance in regional support that is quite striking. john: as well hillary clinton, andcould win massachusetts, who can win torn ligament and oklahoma, and minnesota. georgia, oklahoma, and minnesota. those are things that matter a lot as you go forward, especially for bernie sanders, because the democratic race is split. if you need to win 62% of the popular vote in the every other huge tall order for someone like bernie sanders to ever accomplished. to ask them a assuming we get that big win from trump, what can we expect from the republican establishment? mark: some people are going to get on board with him as chris christie have done. some will draw a line and start thinking about ge

he also made a few comments about his opponent heller clinton, especially concerning >> one of the differences, and i don't want to be too political today, but one of the differences between my opponent and myself is i sit up to my corporate america in terms of nafta and permanent normal trade relations with china and all of the trade agreements which have communities throughout this country. >> the latest poll numbers show sanders is neck and neck with clinton here and ohio. confident he will get the democratic nomination. >> i believe that bernie is going to make it to the end. a lot of that he should get out talk is strictly media. usually when people hear that, the kennebec off on the candidate that they want and they want to go with winter, but bernie is a winner. i really believe if he just dixon there he is going to be find. >> to do that, sanders likely has to do very well here and ohio. in cleveland, brittney harris, fox 8 news. >> and tonight results from reports say bernie sanders has won the democratic caucuses and nebraska and kansas. on the republican side, ted cruz has one in ka

nicole: heller clinton is earned 1002 and 23 delegates while bernie sanders has 574. 2400 delegates are needed for the democratic presidential nomination. lauren: apis if they attack killed 130 people and wounded hundreds more. the deadliest attack side with the concert hall where the eagles of death metal were playing that night. the band front man jesse has sat down with kennedy for this exclusive interview burkett alleges the shooters they the shooters they got help from inside the concert hall. >> by step and that several occasions had come eye to eye with the plotter and a couple of boys. they will tell everyone backstage because it is their backs age. their radars in june. they are trying to stop as much as they need to be. when i got to the venue i walk past the dude who was a security guard backs age. he didn't even look at me. i stopped in back up and went hey i'm in the band. i didn't like him at all. so i immediately went to bed who was that guy? he goes well, some of the other cards are here yet. eventually i found out that six or so wouldn't show up at al

a new tristan heller couldn't e-mail scandal.llary reported that granted immunity and e-mail investigation. we will have the new development. good morning. i am nicole petallides. lauren: good morning. i am transfixed. dow futures ahead of the opening bell higher by 19 points. >> in a shack on the stocks after recent gains pick in a cap 1.3% and china, shanghai composite edging higher as well. >> crude oil trading to the upside by about 0.2%. brown to a former presidential candidate mitt romney at donald trump. set to make what he caused a major speech on the current presidential campaign this morning. lauren: donald trump wife melania sits down to talk about her new life in politics. nicole: and sports, the first game back at home among the demand, they clinched a playoff spot. college basketball, closer to a title. lauren: 5:40 new york. almost at the weekend. welcome to "fbn:am," your first look at what is missing in today's market. the latest breaking news and went to it at the day ahead. train to the justice department repor

. >> five things you need to know about whole women's health versus heller stet. hel when they put mark owe to refute president obama's speech, do you remember >> and political insults fly f fast and furious. f how candidates are using theirsg swift tongues to get one up on their opponents.onen and a retired army vet workingkg at a cvs makes a heroic effortot to stop thieves in the act. his quick action to protect the store resulted in him being fired. fired.  when it comes to the things you love, you want more. love romance? get lost in every embrace. into sports? follow every pitch, every play and every win. change the way you experience tv with x1 from xfinity. for a cup of coffee just because you're a woman. so why does congress think it's ok that women get paid i'll fight for pay equity, to protect planned parenthood, choice for women, and expand paid and family leave. now some politicians will belittle this as a women's agenda. more proof that we jus

heller is not creating a new right? how can you say it's not creating a new right? for 150 years everybody said the second amendment. >> no. my own personal belief is that the second amendment was a mistake. justice scalia simply interpreted it according to the best indications of original meaning. >> and jeffrey toobin, i have to say you wrote the book on it and you don't have a very good poker face. what are you thinking? >> i'm thinking that interpreting the constitution has always been a political act. we always want judges to be somehow divorced from politics, but my view is that deciding does the constitution protect a woman's right to choose abortion, may university consider race in admissions, those are political issues as much as they are legal issues. >> brian garner, thank you very much. when we come right back the the trial of the century returns as a tv minui series. alan, you were on the defense team and jeff you wrote the book about it. let's talk about it next. make ♪ ♪ ♪soul radiation in the dead of night...♪ ♪love in the middle of a fire fight...♪

heller has a lot next door that is just a magnet. we have been making arrests, we have been arresting people who are already on probation or parole who are breaking into cars and they are not getting a vigorous sentence if they are getting anything. really my no. 1 thing would be never leave anything in the car, no. 2, high visibility patrol in the areas we know are problematic and hopefully being able to reestablish a plain clothes team to try (inaudible). >> that's one of the things i was going to say. if you get one person they tend to break into multiple cars. a good plain clothes operation can get someone that -- i know, chief, there was some collaboration with the district terb's office. i think i read that. would there be anything that we should know about, how we're partnering with the district a's office specific to these crimes. >> we do have the auto burglary task force. we had one years ago and we are having success with these guys. we got one guy, we were able to attribute him to 22. in san mateo county, let's say a pers

probably the more significant thing is, if you remember how the big heller ruling from the supreme courtsaid the constitution protects an individual right to bear arms, the court that handled that case was garland's court. the d.c. circuit. that court agreed with the supreme court before the supreme court ruled and garland said, i want a bigger panel of that court to reconsider that -- al: he wanted it to go -- that was not a substantive position. guest: he didn't say anything substantively. he just said, i want to reconsider that ruling. there was a republican appointee who joined him in saying that. al: you would agree that basically he's going to be much closer to the so-called liberal block than the conservative block. guest: in general he will be. although we haven't seen, he hasn't ruled -- he hasn't ruled in a lot of the social issues because the d.c. circuit has a very distinct set of cases. he certainly will be -- the one area where i might say, maybe not, is criminal law. he's generally got a pretty pro-prosecutor reputation. al: that d.c. circuit has been a spawning ground for

information of 63,000 students and staff the nose lawsuit filed yesterday by former student benjamin heller. he claims the university should have done more to prevent the beach. school officials say the fbi is still investigating how hackers were able to get into the sheriff's office was to remind drivers to look out for motorcycles and move over for emergency vehicles following a crash involving both. investigators say the deputy came upon this motorcycle crash on i 4 near deltona around 1 am. the deputy says drivers would not slow down or move over. the picture shows the black line left behind after a driver actually sideswiped one of the cruisers at the scene. no one was seriously hurt in either of the crashes. >>> look at your screen. polk county deputies say a man redoubling the sketch try to lure and 11-year-old girl into his car as she walked home from school. investigators say he told the little girl her mother was in the hospital and he was sent to come and get her. the girl did not buy it and ran home to tell her mom. if you recognize that man, contact polk county deputies. >>> br

benjamin heller filed a lawsuit tuesday claiming ucf could have done more to prevent the beach -- breach. fbi is investigating how hackers were able to get into their system. this is the third lawsuit related to the data breach. >>> state health insurance say one person contracted the zika virus to sexual contact. yesterday's announcement to go confirmed a polk county, one was sexually transmitted. the other like the rest of the state will travel related. we will monitor the updated with the latest at 4:00. >>> the nursing home in baldwin park with get it keep doors open. state lawmakers celebrated passing new legislation to keep the facility open. local congressman john mica spearheaded the bill to transfer it from the federal government back to the state. officials plan to research the facility and have it operating next year. >>> see more people in orlando over the next several years and x-ray city leaders will explain how they will try to accommodate them all. last year some 7000 people moved to the city beautiful bringing the population to around 265,000. that number expected to gro

heller is not making -- creating a new right? >> no. >> how can you say it's not creating a new right? for 150 years everybody said the second amendment. but everybody interpreted it for 150 years as not having a personal right -- >> my personal -- no. my own personal belief is the second amendment was a mistake. but justice scalia simply interpreted it according to the best indications of original meaning. >> and jeffrey toobin, i have to say you wrote the book on the court called "the nine." you don't have a very good poker face. what are you thinking? >> i'm just thinking that interpreting the constitution has always been a political act and we always want judges to be somehow divorced from politics. but my view is that, you know, deciding does the constitution protect a woman's right to choose abortion, does -- may a university consider race in admissions, those are political issues as much as -- >> i knew you wanted to jump in on this. bryan garner, thank you very much. when we come back, the trial of the century returns as

his vote on the precursor to be reconsidered, many people believe he was opposed to heller. >> recognizingindividual right to bear arms. >> that is right. you can have the nra saying we think he's a nonbeliever. that could with a game changer. >> we've gotten to a state where that no longer gets you through. and no longer, they look at you ideologically, now. >> that is the power politics. it's because the supreme court is just like every other institution in town and soon, with the exception of the other lawyers we have on the show. >> ted cruz has 400 delegates but what happens for the hundreds that signed up for rubio, carson, or fiorina? that is next. rubio? test test test. yeah, i was just talking uhabout yourico?... emergency roadside service and how it's available 24/7 and then our car overheated... what are the chances? can you send a tow truck please? uh, the location? you're not going to believe this but it's um... it's in a tree. i wish i was joking, mate, but it's literally stuck in a tree. (car horn honking) a chainsaw? no, no, all we really need is a tow truck. day or night,

benjamin heller filed a lawsuit tuesday claiming ucf should have done more to prevent the breach. school officials say the fbi is still investigating how hackers were able to get into the system. this is the third lawsuit related to the data breach. >>> if lawmakers in florida have their way, it will be up to gas stations to protect you from scammers at the pump. we told you to stay a bill is headed for the governor's desk which will force owners to increase security. if -- if -- if passed on the same day oviedo police discovered another scammer. bureau by local gas stations do not already have credit card chip readers in place. >> sometimes it is in the budget and sometimes not. anytime you have to buy technology, there is an expense that comes with it. in this case, businesses cannot afford not to do it. >> we asked seven11 and mobile if they will help owners cover the cost of additional security measures after the scammer was found in oviedo. they did not respond to the questions. >>> another bill that would give the families a first responders who die in the line of duty 100 p

case atenced the heller the supreme court. does his record on the court really tell you about what his stance on second amendment is? guest: i am not sure it does. two interesting cases, two pieces of information absolutely . the first one was not a second amendment case, it is a case of agency deference he. in favor of the ability of the clinton administration to hang on to records of people who underwent background checks to purchase guns. instance, case was an this is the case that ended up being the heller decision, a landmark decision, but all we have from judge garland is a vote to consider the case. we do not have an explanation. there was a panel of three judges that ruled in favor of gun rights in what at that moment at least was a big ruling, as the supreme court had not yet said there was an individual right under the constitution to bear arms. judge garland, along with a total of four judges, including one republican appointee said we want the full d.c. circuit to consider this case. ,e do not know whether he said

it would overturn the heller decision, second amendment is in trouble. a tipping point for the court. >> it is. >> the question is, has obama talked today, i'm thinking wait a minute. isn't the guy that said justice roberts is qualified for the position? and went against them? wasn't he one of the few senators to filibuster a choice in the case of justice alito? >> nothing makes sense. this is about politics and trying to put a wedge issue on the republicans. trying to embarrass them. they're raising money and doing everything to embarrass republicans and republicans, if they hold the line, they might get brownie points considering they have disappointed their base. >> if they discuss the constitution, and what the powers are, under the constitution, then, they're on steady, strong ground. >> on political grounds, all they need to do is cite obama and joe biden and there is your precedent. >> you put it together. wonderful. >> thank you. thank you. >> i can confer on you the degree. >> let's not go that far. >> all right. >> thank you. >> coming up, we n

one is that he voted to reconsider the case that became "heller."ere the supreme court said there is an individual right to bear arms under the second amendment. he heller is gospel for conservatives and he's viewed as a non-believer and that's a big ticket item for these members. the nra could score that vote. they could put pressure on both republicans and democrats and that is one wedge issue that could come up. but, of course, that's not going to come up if we don't have hearings. >> it's interesting, you'd think that could be potentially a really important argument or debate or discussion to have so i'm sure when top senate republicans were asked about this, maybe they pointed to that. alex, do we have some of the response from the republican side about this nomination? can we roll this now? here's kelly ayotte, i'm sure she'll talk about it. >> out of courtesy and respect i will be meeting with him if he wants to meet with me but i will clearly explain to him as well that i believe that the people should be weighing in on the november election