the health and human services secretary kathleen sebelius joins me now. what is the fallout of this? how do you get it funded if they're trying to block you in the senate? >> well, i think, andrea, the initial affordable care act passed with some resources included in the bill. and we are going to continue to implement the law. there is an ongoing discussion. i mean, frankly congress hasn't funded any of government. and we are waiting to see what our budget overall is going to be, other agencies are waiting. and i think the debate is on in the senate whether or not they will, you know, take the house past continuing resolution, whether they will do a short shorter-term continuing resolution. there's no question that the omnibus bill was a bit toppled by the earmarks, most of which were designed for republican senators, including the senate minority leader who had a couple of key earmarks for kentucky. so the debate in the senate has been interesting to watch, certainly. but it's hardly about health reform. it's really been about the earmarks and how large

today, health and human services secretary kathleen sebelius will host an event at the white house to look at the path forward in the fight against hiv and aids. >>> time now is 5:05. let's check in with tracy to get a check of our weather and also elizabeth with traffic. tracy, how are you doing? >> how is it going? >> we're hanging in there. >> i thought were you pretty funny earlier when you said were you going to brush your hair. i thought that was funny. >> getting busy up there. >> we were hoping you didn't notice. >> looks good now, huh? >> yes. >> now that you mentioned it. >> the forecast for this morning, take a look at the temperatures, still pretty cold. especially inland. 32 napa. 32 in fairfield. and 35 in concord. 34 in livermore. we do have some reports of patchy frost as well as patchy fog. 38 degrees in oakland. and 42 in fremont. and 38 degrees in san jose. and 35 in redwood city. and still looking at temperatures in the mid-40s in san francisco again this morning. 40 degrees in pacifica. another cold start. we have a few clouds out there well inland but mostly clea

today, health and human services secretary kathleen sebelius is hosting an event at the white house toook at what is next in the fight. >> that's nice. >> that is nice. looks cold back there. it is cold here. and we got a spare the air thing going on. >> spare the air thing. that was really in effect for this morning. and also as you move in to later on today. you wake up, it is cold. and throw a log on the fire. you want to warm up. and you don't want to turn the heat on. you can't do that. >> it is against the law. >> it is against the law today. i want to drive the point home. you have to crank up the heater because we have unusual unhealthy air quality levels in the north bay, especially around the bay area. so for that reason, today is a spare the air day. here is a look from our mount vaca cam. we have high clouds rolling in. and eventually those high clouds will turn to mid-level clouds. and then we will get low clouds, and then we will get some rainfall. here is a look at the current temperatures, mid 50s in concord. and 53 in livermore. 55 in oakland. and 53 in fremont. 54 san

here is what attorney general eric holder and kathleen sebelius said and "the washington post," we don't just heard it mentioned by our senior white house correspondent, ed hen pry. let's get to our senior medical correspondent, let's put all of the legal wrangling aside. what does this mean? this ruling from this judge in virginia, a federal judge, for you, for me, for families? >> at this moment, nothing. what he struck down was basically a way to pay for this. forcing americans to buy insurance is a way to pay for all of the provisions of health care reform. >> yes. >> but some of those provisions have gone into effect. they will remain in effect, however, this will, this reform will not be long-lived if they don't think of a way to pay for it, but right now, for this moment and probably the foreseeable weeks, months to come, no changes. >> so, what's left in the bill if this ruling stands? and i know we're looking down the road a little bit. >> let's talk about what's in effect right now. what families can take advantage of right now and what stands despite what the federal judge did

health and human services secretary kathleen sebelius is named as a department in the lawsuit. >> thect is the law until if and when congress -- both houses of congress would have to pass a bill. and the president would have to sign a bill that would repeal the act. i don't think that's likely to happen. i think there will be a lot of debates and discussions with the new congress coming in. and frankly, we welcome that. it's one thing to say get rid of it. but get rid of it and replace it with what and take those benefits away from constituents throughout the country who really now are looking forward to them. >> okay. that was health and human services secretary kathleen sebelius talking to our chief medical correspondent dr. sanjay gupta this weekend. >>> previously classified documents about to be released. but not by wikileaks. dana bash live from capitol hill now. and dana, good to see you again. what's the story here? >> reporter: donald rumsfeld, you remember him? one of the most controversial figures of the bush administration. he's got a new memoir coming up and first on our

tomorrow on the show kathleen sebelius joins us as the health care bill is being challenged in the courtsk at what's next on "news nation." hi, richard. >> in our next hour, drama on capitol hill. there's been a setback on the house floor for president obama's tax cut compromise. and then free on bail. julian assange says it's great to feel the fresh air of london after spending a week behind bars. we'll tell you where he's going next. a live report from london. and plus, reviewing the war. president obama says the u.s. is on track to start withdrawing troops from afghanistan next summer. but he warns of one area where progress has not come along fast enough. the "news nation" is moments away. if you live for performance, upgrade to castrol edge advanced synthetic oil. with eight times better wear protection than mobil 1. castrol edge. it's more than just oil. it's liquid engineering. aren't absorbed properly unless taken with food. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. also available in small, easy-to-swallow petites.

but attorney general eric holder and health and human services secretary kathleen sebelius are optimiistic. they wrote a "washington post" we saw similar challenges to laws that created social security and established new civil rights challenges ultimat failed and so will this one. dan, was this a foreseeable bump in the road or a set back? >> this was unforeseeable and the right telegraph that this was going to be a legal attack and a guy at the justice department whose soul job is coordinating a response. i think they're ready for it and they'll probably win but they have a bigger problem than a legal problem. the more that this is out there that the legal scholars that really smart people are questioning whether this is the individual mandate is legal, it just reinforces that notion that this bill is not legitimate and it's not something that people could have trust and confidence. >> public relations problem. >> political problem, absolutely. >> is it a political problem? i'm asking this from the perspective to the fact that two clinton appointees, two judges said that this law wa

pelosi joined by nancy and kathleen sebelius.his is 25 minutes. >> ladies and gentleman, the president of the united states and mrs. michelle obama. >> hello, hello, hello! thank you. thank you very much. thank you so much. thank you, everybody. please, please have a seat. good morning, everybody. >> good morning. >> i want to thank all the students and faculty said here at tubman elementary for hosting us today at your beautiful school. and we want to thank principal harry hughes for doing outstanding work here. give them all a big round of applause. [applause] we are thrilled to be here with all of you as i sign the healthy, hunger-free kids act -- a bill that is vitally important to the health and welfare of our kids into our country. but before i do this, i just want to acknowledge a few of the folks who are here, as well as a few who are not here but he played and a hugely important role in getting this legislation passed. on the stage we have madam speaker, nancy pelosi. to the outstanding senators, blanche lincoln and tom

care law, we turn to neera tanden, former senior adviser to health and human services secretary kathleen sebelius. she's now the chief operating officer for the center for american progress, a liberal advocacy group. and david rivkin, lead counsel in another health care challenge, this one filed in florida. attorneys-general from 20 states have signed on to that lawsuit. david rivkin, how substantially does the judge's decision today weaken the underlying health care law. >> it's a major blow. it's a well reasoned decision that went to great degree in analyzing what lies at the heart, the problem at the heart of this statute. you can regulate commerce. congress can regulate commerce. congress cannot compel congress. there's no precedent for it. if you go down in that direction you produce the federal government exercising general police power. that's reserved for the states. the goal are noble that underlie the statute. the government has done it in the wrong way. they've done it in a fundamentally unconstitutional way. >> ifill: your response to the same question. how much does it weaken the law

kathleen sebelius -- and eric holder wrote a piece in "the washington post." also the editorial in "the new york times" this morning disagrees with the judge's decision of the individual mandate but praises of the judge for sensibly denying the request in part to stop the law from going into effect. in "thee editorial washington post" about the judge making a sensible decision on that. ruling in health-care law offers a victory for freeloaders. opposing opinion written by george allen, former governor of virginia. "wall street journal" this morning, obamacare loses in court, a victory for liberty and the constitution in virginia. first we will turn our discussion to the tax deal. we will be right back. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2010] >> this sunday, in her first televised interview the newest supreme court justice elena kagan on the confirmation process, her adjustment to the court, and her relationship with chief justice john roberts. unprecedented on the record conversation, sun

director kathleen sebelius. [applause] >> well, good morning, everybody. and thank you, david, not only for your nice introduction, but for your incredible leadership of this important project. i just came from a discussion with the ceos of the business roundtable and i want to tell everyone on this panel that a new report of realizing the full potential of health information technology is near and dear to their hearts. the first question i got asked was, how does this relate to the momentum underway for electronic health records and happily make sure that's on track as we implement the affordable care act. so this is being watched carefully across the country. i am glad that all of you are joining us today to talk about this important report, realizing the full potential of health information tech knowledge he ip cast. the president's council of advisors on science and technology. what you recognize the leaders who are here with us today, who deserve a lot of credit for pushing health i.t. to the top of the national agenda, where it needs to be. dr. eric

and secretary kathleen sebelius of health and human services. here today but they played a huge role in making this happen -- senator harry reid, the majority leader in the senate. senator mike mcconnell the ranking republican who helped facilitate the smooth passage of this bill. senator chambliss, the lead republican. republicans hoyer, clyburn, and mccarthy all played important roles, and so we're very grateful to them. give them a big round of applause. it is worth noting that this bill passed with bipartisan support in both houses of congress. that has happened as often as we would like over the last couple of years, but i think it says something about our politics. it reminds us that no matter what people may hear about how divided things are in washington, we can still come together and agree on issues that matter for our children's future and for our future as a nation. and that is really what today is all about. at a very basic level, this act is about doing what is right for our children. right now all across this country, too many kid

[applause] arne duncan, our great secretary of education, and kathleen sebelius of health and human services. [applause] not to sit it could not be here but they played a huge role in making this happen, harry reid, mike mcconnell, the ranking republican helped smooth passage of this bill, senator chambliss who was the lead republican, represented this warrior, cliburn, and mccarthy all played important roles. we're very grateful to them. give them a big round of applause [applause] it is worth noting that this bill passed with bipartisan support in both houses of congress. that has not happened as often as we look like all but the last couple of years, but it says something about our politics. it reminds us that no wonder -- no matter what people may hear about how divided things are in washington, wheat and still come together and agree on issues that matter for our children's future and our future as a nation, and that is what today is all about. at a very basic level this act is about doing what is right for our children. right now across the country too many kids do not have access to s

president, is that recently the secretary of health and human services, kathleen sebelius, sent a letter to the members of the medical school class of 2014. these would be the incoming medical students, the first-year medical students in your state and from mine, and in the letter that goes to about 15,000 or 16,000 first-year medical students, she talks about this -- the health care law and talks about how she believes it will be good for them as medical students and good for their patients. but one of the -- one of the things that she -- that she talks about in the letter, interestingly enough, is that she said many of you and your siblings are undoubtedly, she says, under the age of 26, as many first-year medical students are under the age of 26. and she then raises the issue and says you will now be able to stay on your family's insurance policies until you are 26. as you know, mr. president, this was one of the selling points behind this health care law, that young people would be able to stay on their insurance policies until the age of 26, and the secretary points that out to all

megyn: these are arguments that kathleen sebelius made to this virginia judge.d them the way joey did but he rejected them because he wasn't persuaded. the car insurance analogy as been raised often by defenders of the law. other side says that's different if i decide to drive a car, then i decide some comply with regulations like that requiring insurance. it's not the same i sit inside my house and the government comes and says must purchase health insurance. >> then the government says when someone says i don't want insurance that is affecting the stream of commerce because we'll wind up paying for it and everyone is affected. who will win this? ultimately what's bizarre is if you take 10 random judges you will get lots of different opinions. it's whatever th the supremes wt to do. it's a matter of great importance. there is no precedent at all -- i have found both by the supremes or the feds that has forced anyone as was originally ruled in two lower court decisions to force people to engage in purchasing things in the private sector. i have never seen sit do

we told you about the editorial written by kathleen sebelius on the decision in the virginia case.e critical of it. the attorney general of virginia ken chucr cuff nellykenr -- ken. >> my first job as attorney general is to uphold the constitution. we are committed to that. if you think about what at stake in this case, it's not about health insurance or healthcare, it's about liberty. megyn: some 20 states are mounting legal challenges to that healthcare law. a brand-new development in the wikileaks scandal. a british judge granting bail to wikileaks founder julian assange in connection with his sex crimes case. he has been accused of sexual assault by two women. prosecutors say they will appeal that decision to grant him bail. gregg? >> reporter: julian assange remains in the security unit of a medium security prison just about or 3 miles from where we are right now. this after a london judge granted bail to julian assange and the wikileaks founder under fairly strict terms. you have to post $315,000 bond. a lot of celebrities offered to help out with that funding including ameri

bill: and "the washington post" this morning, they recorded kathleen sebelius, health and human servicestary, they qui the opponents that claim responsibility of the provision is unlawfully because it regulates inactivity, but all of us need health care eventually. that's their argument. is that a legal argument as you see it? >> no. absolutely not. bill: why not? >> that is an pearl to the heart, and i have one, too, like everybody else, but my first job as attorney general is to uphold the constitution and they don't seem to be as interested in that as i am. and we're absolutely committed to that. if you really think about what's at stake in this case, it's not about health insurance, it's not about health care, it's about liberty and it's about protecting against the overreach of the federal government, because if they can do this, they can use the same power to make you buy a car, to make you buy a house, to make you buy clothes, to make you buy particular foods, and the attorney general, secretary, could write the same thing. bill: and they -- >> they can do the same thing. bill: wh

. >> health and human services secretary kathleen sebelius announced this week new rules on health insurance premium increases. health care law passed last year says insurance companies have to justify so-called on reasonable rates increases. the regulations announced in this event define the term and reasonable. this is about 40 minutes. >> thank you for joining us. i want to first introduced the folks you will be hearing from in a few minutes. our director of the office of consumer information and insurance oversight. next to him, insurance commissioner chris kohler and finally jenny bass who joined us from connecticut who agreed to share her story about how the hours we are taking today have already helped her family. today we are announcing the latest steps were taken as part of the affordable care act to hold insurance companies accountable for their actions and put more power into consumers' hands so they can make the best choices for themselves and their family. under the proposed rules that our department is releasing today, health insurance companies that tried to make unreasonable

i have talked with kathleen sebelius. these waivers are entirely temporary, as you indicated come in some cases they are just a year. in all cases they don't go beyond the beginning of the state exchanges in 2014. so it's a very temporary business, and i think they did it for whatever reason that i also agree with you it would be better if we had someone here. it would be a crowded table, but it would help. senator ensign. >> thank you, mr. chairman. just very briefly i wish that not only someone from hhs was your but also from the congressional budget office, simply because did the cbo take into account these mini med plans, and potential for people dropping their health insurance in these mini med plans, and then dumping the people, those employees into the exchanges. and for those costs figured into whether or not this thing was actually going to hurt the deficit or not. and i think that's a significant issue that needs to be answered, when the scorn from cbo, because this thing was said to have reduced the deficit. an

because attorney general eric holder and kathleen sebelius talk about this in an editorial in the "washingtonay where they say the new provision such as not being able to deny somebody for a pre-existing condition are going to be harmed by this decision. because in order to be able to fund those provisions, everybody has to be contributing. >> right. well, there's no question that during the course of the case, the federal government conceited in their briefs that if the individual mandate was unconstitutional, at least the insurance pieces of the bill had to fall because, as you note, it was the financing mechanism. instead of taxing us to pay for all of these expensive new elements of an entitlement, they ordered us all to pay our own money to private insurers and then they ordered those private insurers how they had to set up the insurance. so they're trying to get -- make an end run here around the taxing power and around leveeing a tax. ironically enough, that was their fallback argument when they got to court that the penalty for not obeying that order of government was, in fact, a tax.

director kathleen sebelius. [applause] >> well, good morning, everybody. and thank you, david, not only for your nice introduction, but for your incredible leadership of this important project. i just came from a discussion with the ceos of the business roundtable and i want to tell everyone on this panel that a new report of realizing the full potential of health information technology is near and dear to their hearts. the first question i got asked was, how does this relate to the momentum underway for electronic health records and happily make sure that's on track as we implement the affordable care act. so this is being watched carefully across the country. i am glad that all of you are joining us today to talk about this important report, realizing the full potential of health information tech knowledge he ip cast. the president's council of advisors on science and technology. what you recognize the leaders who are here with us today, who deserve a lot of credit for pushing health i.t. to the top of the national agenda, where it needs to be. dr. eric