that and breaking news as the second hour of "happening now" starts right now. jenna: well, back to our top story, the deadline fast approaching for the department of justice. jon: the federal judge orders a report from the department of justice detailing whether the supreme court has the right to overturn laws passed by congress, specifically referring to president obama's health care law. jenna: that's jon scott, i'm jenna lee, and lis wiehl is here, a former federal prosecutor and fox news legal analyst. so, lis, what do you think we're going to see here? >> well, the department really is in kind of a pickle here because when president obama came out on monday and made this unprecedented remark, may i say, about it being unprecedented -- completely factually wrong. i mean, the courts have overturned congress' acts 160 times and more since 1803. that's what they do. that's one of their primary functions. but hen the administration kind of backed -- then the administration kind of backed off and said, well, we were just