you heard jeff toobin describe this as a train wreck.w it's gone so far, sir? >> not really. i think what yesterday demonstrated serious, hard questions to be asked, not unusual, typical on the supreme court argument. the real discussions i believe begin once the lawyers leave and the judges in their conference begin to talk about the law. i think they understand its historic importance of this case and i think they also understand the realities of this case. health care is 17% of our gdp. it's 60% of bankruptcies have a major factor of health care cost. so i think they are looking for a way to sustain this legislation, not to strike it down. and i think also, too, they have to be conscious of what they might be doing in the future. there are people from generations who have spoken about medicare as being in position of a tax for health care i don't want or don't need. that will pick up with great fervor if this decision is struck down and i think they have this broad historic cont t contexcontex context. >> when you heard donald varelli

we've got jeff toobin joining us from the supreme court, cnn's senior legal analyst. ff, let's talk about how yesterday went and what we can expect for today. >> reporter: soledad it is so exciting here i can't stand this. >> you love this. >> reporter: this is like nerd heaven. you know you see mibehind me so of the justices have their lights on at this hour, people getting in early. yesterday was the appetizer. the only issue was really procedural. it was, is this case premature at this time, because most or much of the affordable care act doesn't go into effect until 2015 and the question was should the justices put off this case until it's fully in effect? the justices seemed united that in fact the case is not premature, it's time to decide it now and today is the day they're going to talk about whether the central aspect of this case is constitutional. >> and that's the central thing something the individual mandate and everybody's focused on the commerce clause. you've never seen so many people looking into what the commerce clause is all about. >> getting out t

i want to bring in back jeff o toobin and kate baldwin. mr.re you left off. >> real quick on paul clement's answer. it's no surprise he did not prognosticate the outcome of the case. they never do. i actually interviewed him a couple of weeks ago leading into this case and he said that he never calls it a "w" when he leaves the courtroom because the justices can and do often surprise us. because oral arguments, they are not the final word. the real work now begins now in the next few days, the justices will go behind closed doors with only each other and vote on these four issues separately. and then they will begin the long and arduous and important task of writing their final opinion. so very interesting. just a little insight into the attorneys who speak before the supreme court. but on the medicaid issue, the reason why this has come up, it comes down to something that is a big concern for not only the supreme court, but for every american. the issue of state's rights versus federal authority. that's what the medicaid expansion comes down

. >> and once again, we have jeff toobin outside the supreme court. i know court observers, they're not surprised by the support from justice ginsburg, you know, a liberal. what did you read when you were listening so closely to those questions from the other justices. what did you hear today? >> well, to me, the most important thing that i heard in this morning was anthony kennedy, the all important swing vote asking question after question about what happens when we declare the individual mandate unconstitutional. now, it could be that he was just speculating about the possibility of voting that unconstitutional, but it sure seemed to me he had made up his mind that the individual mandate was unconstitutional, and i think given his place on the court, that is a very bad sign for its survival. he did not commit himself one way or the other. at times, sounded like if that part of the law was unconstitutional, the whole thing had to go. justice scalia, clearly explicitly said, and you'll hear this when you get the tape, he said, when we declare the ind

also joining us is jeff toobin the cnn senior legal analyst. thank you for joining us and hank of political strategist, iconic political strategist. nice to have you joining us. >> thank you. >> lots to get to. the afghan man who hijacked a car and then breached security, drove on to the runway in kabul just as the pentagon chief leon panetta was landing. that man has died. he died from burns he received after he lit himself on fire. we learned that he apparently was trying to run over a group of marines who had assembled to meet the defense secretary. the british soldier was also injured in that incident. leon panetta is in the capital and he's going to be meeting with the afghan president, harmid karzai and that comes days after a u.s. army sergeant apparently went on a violent attack and went door to door in the middle of the night killing 16 afghan civilians and most women and children. this morning, that suspect, a father of two have been flown out of afghanistan and being held at a military jail in kuwait. gary joins our panel this mornin

jeff toobin, this is the quote heard around the world today. wreck potentially for the obama administration. why say so, sir? >> because you need five votes to win and it looks like the obama administration did not have five votes in that courtroom. there were four democratic justices who were clearly fighting very hard to get that law upheld. but anthony kennedy, the swing vote within five minutes of the argument started asking hostile questions of the solicitor general. he didn't have the answers that kennedy wanted. justice alito, justice scalia and even chief justice roberts who was, i thought, perhaps the most amenable to the obama administration's position didn't seem to be. >> it's fascinating to hear some of the voices. you were there living inside and watching all of thf is go down. take a listen to the voice of the justice kennedy. >> the reason this is concerning is because it requires an individual to do an affirmative act. in the law of torts, our tradition, our law has been that you don't have the duty to rescue someone if that pe

. >> jeff toobin, from your perspective what ways raises questions? >> what raises question is it essentially gives private citizens the license to say, hey, i feel threatened, so i'm going to fire my gun. i think that is why we have a trained police force. that is not why -- that is not a safe situation, whether it's -- >> well, here's the flaw with your analysis. you know, one of my five children is a deputy sheriff. and he says, dad, you need to be prepared. you need to carry a firearm in your vehicle because usually when we bet there, it's all over. we can't be everywhere that these things happen. and people are looking for -- we have a very high -- >> representative, with all due respect to your son, isn't it true that most florida law enforcement oppose this law? >> no, not at all. i can tell you, i've had a lot of feedback from law enforcement officers telling me that -- >> i know you've had feedback afterwards, but when it was before the legislature, florida law enforcement opposed changing the duty to retreat because they think they're traine

jeff toobin, thank you. >> thank you.reciate your call. >> still ahead tonight, did george zimmerman use a racial slur moments before killing trayvon martin on that 911 tape? we tried to clean up the background noise as much as possible. we're going to play it for you ahead without beeping out anything so can you decide for yourself. this is really crucial moving forward to whether or not the federal government gets involved in what they might charge george zimmerman with if they choose to. [ male announcer ] we asked real people if they'd help us with an experiment for febreze fabric refresher, they agreed. [ experimenter 1 ] relax, take some nice deep breaths. [ experimenter 2 ] at do you smell? lilac. clean. there's something that's really fresh. a little bit beach-y. like children's blankets. smells like home. [ experimenter 1 ] okay take your blindfolds off. ♪ hello? [ male announcer ] if febreze fabric refresher can freshen this couch, what can it do for yours? febreze fabric refresher -- breathe happy. why you fell

so i think tomorrow will be almost as interesting as it was today. >> jeff toobin, is it going to begod stopping because if there is an opportunity at any point to do save work on what happened will the solicitor general try to edge that in or does he have to move on and take his lumps? >> well, i think certainly the solicitor general, they are going to go back to their offices licking their wounds and try to figure out how to salvage something. but it is true that the court is really moving on to a different subject tomorrow. they are disciplined about when they say they are going to discuss subject a that's what they talk about. yesterday they talked about the issue of is this case premature and the issue of the merits did not come up. tomorrow's case is somewhat more related to the issue of is the law constitutional, so it will be closer to the merits and will have a better sense of the justices' viewpoints. but you know, this was two hours of argument today. that's double the normal case. so it wasn't like there wasn't time to make a lot of important cases -- points today. today

i've seen you listening to jeff toobin with that devilish smile on your face. if the law gets struck down, you think it would be great? >> first of all, you've got to give it toobs, he's worried about 30 million people without insurance instead of insurance companies. how quaint. if they overturn it 5-4, i think it would be the best thing that ever happened to the democratic party. people will say the health care costs are going up and they'll say we tried, five people overturned an election, overturned this. bush v. gore bring you this and i think we'll have an issue to go for a long, long time. i'm fine with it. overturn it 5-4. let the hacks have their day. >> john, you disagree? >> yeah, you've got to search pretty hard for a silver lining to come up with a scenario where having the signature legislative accomplishment struck down becomes a good thing. i agree with james to this extent that in the short run i think it will help turn out the democratic base and make the issue of -- the power of the president to appoint a supreme court justice resonate far be

. >> jeff toobin, we alluded to this the last hour, we talked about the words severability. if these justices ultimately say okay, this individual mandate, saying you have to buy elt h insuran insurance, if that's deemed unconstitutional, what happens to the rest of this law? >> this is a 2,000-page law. the individual mandate is just part of it. other provisions are more popul popular, like kids can stay on their parents insurance until age 26. but many provisions in the law are dependent on including all these new customers forcing all these new customers into getting inshuns. the question is, if you get rid of the individual mandate, how do you pay for all the other stuff in the law? and tomorrow's argument is going to be about how you d i vied up the law if you find the individual mandate unconstitutional. and it's a tough call. that's a really tricky issue. >> okay, it's 7,000 pages, dr. sanjay gupta has read it i think twice. 30% of americans, they want the supreme court to overturn president obama's health care law. this is obviously something that affects you and man

obviously, thankfully, we don't hear stories like this. >> jeff toobin and sanjay gupta, thank you.predatory behavior and reactionary behavior. we'll be right back. [ woman ] the blue bomber. [ man ] mr. squeak. [ woman ] the shag wagon. [ male announcer ] you loved your first car. animate and share your first car story at firstcarstory.com. courtesy of the 2012 subaru impreza. experience love that lasts. ♪ it's me? alright emma, i know it's not your favorite but it's time for your medicine, okay? you ready? one, two, three. [ both ] ♪ emma, emma bo-bemma ♪ banana-fana-fo-femma ♪ fee-fi-fo-femma ♪ em-ma very good sweety, how do you feel? good. yeah? you did a really good job, okay? [ female announcer ] to nurses everywhere, thank you, from johnson & johnson.

here's what bothers jeff toobin. >> what is the deal with mike and ike? i've seen this candy my whole life. i've never seen one person eat it. what kind of name is that for a candy? i know snow caps, i know goobers, i don't know what mike and ike is. it's haunting. >> you know how i know jeff toobin is mart because even his musings on candy are poetic. i don't know what they are either. here's to the twizleers smugglers and those resisting movie theater popcorn, keep fighting the good fight. that's it for us. we'll see you one hour from now. another edition of "360." pier piers morgan is next. >>> tonight, gop death match. mitt romney says he's in it to win it. >> we're counting up the delegates for the convention. it looks good. we're counting down the days until november and that looks even better. >> rick santorum says he won't drop out. >> we're in this race to stay. >> what will it take for someone to nail this down? i'll ask campaign insiders how far they'll go to get the nomination. also a woman who knows exactly how tough it is to run for the whit

jeff toobin and will cain work through it for you next on "your $$$$$."definitely the ecoboost option. what's pretty amazing is that you can get the fuel economy of a car in an suv. that basically did it for us. and the technology... oh, my goodness, the technology is amazing. everything is touch. you can actually talk to the car and it talks back to you. what have your friends said about your explorer? can we drive it? can we borrow it? what's your answer? no. no way. uh uh. (laugh) [ laughing ] ...is the crackle of the campfire. it can be a million years old... cool. ...or a few weeks young. ♪ [ laughs ] away beckons from orion's belt. away...is a place that's closer than you think. find your away. for a dealer and the rv that's right for you, visit gorving.com. >>> president obama likely considers it his signature achievement the health care reform signed into law two years ago. this week it's headed to the supreme court. six hours have been set aside to hearing argument. most supreme court cases get just one. will cain back with us, jeffrey t tubin on

here's what really bothers jeff toobin. >> what is the deal with mike & ike. i have seen this candy my whole life. i have never seen one person eat it. what kind of name is it for a candy? >> i owe >> what is the deal with mike and ike? i've seen this candy my whole life. i've never seen one person eat it. what kind of name is that for a candy? i know snow caps, i know goobers, i don't know what mike and ike is. it's haunting. >> you know how i know jeff toobin is mart because even his musings on candy are poetic. i don't know what they are either. here's to the twizleers smugglers and those resisting movie theater popcorn, keep fighting the good fight. that's it for us. we'll see you one hour from now. is america planning its biggest military assault since iraq? and mitt romney won six states last night. will his opponents drop out of the race or try to block him from getting the nomination? and the latest details in the rutgers sex cam suicide. what did the suspect tell tyler clementi right before he took his life? new information tonight. let's go "outfront

is unless these guys are prepared to fundamentally reexamine the foundations-- and listening to jeff toobin, i know he is not-- i think it's likely to be a firm probably by 7-2. but i would urge them strongly to consider the implications and the one ace in the hole is the persistent unpopularity of the statute as a hole. that means the political price that the five would pay if they struck this thing down would be relatively small except in certain elite universities which have have very liberal fact you will tease. >> rose: you've just raised a political consideration of this. starting with you, jeffrey, what's the political impact of this, a, if the court rules that either the individual mandate or the entire health reform act is unconstitutional? >> well, i think if they uphold it, it is a mild positive result for president obama. the status quo remains. if it's struck down i think it's a catastrophe. it's a total catastrophe for barack obama if it's struck down. it destroys his signature achievement. it makes him look like he's outside the mainstream of american law and politics and, yo

jeff toobin has to leave us because of other responsibilities at cnn but this is getting aotof attention and i would li before we goto her wh you all think of this unfolding story. >> this, i think, is as clearly a bipartisan non-partisan issue as you can possibly imagine. the regulation of force is something which all of us libertarians take seriously. now, when you start to delegate police power to random individuals with criminal records this is nothing short of social irresponsibility of the highest order and the tragedy is the staff chuts may well him against criminal prosecution that he soichly deserves. >> rose: walter. >> i thin it's deeply sad. it would be sad as one political figure said if it were a child of any race or any color or any ethnicity, but that being said i know every african american parent thinks this is much more likely to happen to my child. this reinforces that every african american mother has to have "the talk" and every african american with their sons when they get to be 12 or 13 to say u'veot to be very careful that you're not mistaken just because of you

we'll talk about this in terms of this move to kuwait with our senior legal analyst, jeff toobin. explained this move, moving the soldier from afghanistan to kuwait? >> well, in terms of just moving the soldier to kuwait, they say it was based on one, the legal advice of some of the advisers to general allen, and two, the fact that they felt they did not have the facilities to hold a u.s. service member for any length of time. there was already a probable cause hearing, so to speak. it wasn't a full-blown hearing more like an assessment where they found they had reason to detain him longer. but very likely, his legal proceedings will probably last beyond his tour of duty. so at some point, you knew he was going to leave afghanistan if not be brought back here to the united states. >> also, chris, why is it that this particular soldier hasn't been identified yet? why don't we know his name? >> well, there's been -- we've been asking that same question for days now. that you know, even for minor crimes, if you're stopped in the street and arrested, you get a booking photo. that info

jeff toobin, thank you.e as it proceeds along. >>> still ahead, many high school students drop out of high school each year. some good news, though, to talk about our schools this morning. and senator john mccain sounding fed up really with the gop race. we will tell you why he is calling it the nastiest campaign ever. you're watching "starting point." we will take a break and be back in a moment. ♪ ( whirring and crackling sounds ) man: assembly lines that fix themselves. the most innovative companies are doing things they never could before, by building on the cisco intelligent network. >>> good morning, everybody. more than a million high school students will drop out of high school this year. that's 1 in 4. the rate is much higher among african-american students and hispanic students but good news. that is there are fewer so-called dropout factories aat schools where 60% or fewer kids will make it from their freshman year to their senior year. new reports show in 2010350 schools like that dropout factory

kate baldwin and jeff riff toobin were both inside for every minute of those oral arguments. let's start with kate. first of all, what was your take? >> you know it's impossible to predict. but after three days, as you mentioned, and more than six hours of oral arguments on the fate of the sweeping health care law the justices are looking at four issues but the entire law hinges on one key issue, the manned day. high drama outside the supreme court. >> here's what we say to obamacare. >> but the real action was inside the courtroom as the justices examined the key question in the historic health care case, is the individual mandate constitutional? the argument did not appear to go well for the obama administration and its supporters. even swing vote justice anthony kennedy seemed skeptical, signaling the law goes too far. >> the government is saying that the federal government has a duty to tell the individual citizens that it must act, and that is different from what we have in previous cases. that changes the relationship of the federal government to the individual in a ver