of nuclear weapons have not achieved the security you seek, they have undermined it. instead of the dignity you desire you are more isolated. >> he gave a similar warning to iran saying it's running out of time for a diplomatic solution. trying to block lawyers from democratic president playing the sympathy card. they are asking the judge not to allow the team to bring up his heart condition. he goes on trial accused of illegally spending about a million dollars in campaign funds to cover up his affair with his mistress. james cameron is at the bottom of the world. the titanic directory surfaced after plunging 6.8 miles to the deepest point on earth. it took him a while to reach the mariana trench. it is 120 times larger than the grand canyon. he pespent the time exploring a filming from his submarine before coming back up. >> in a few hours tim tebow will be introduced as the newest member of the jets. teams don't usually hold big press conferences to introduce a backup quarterback. it took him a while to become a jet because of contract issues. those are your 5@5:00 headlines. >> in just a few hours the supreme court will start hearing arguments over obama care. the national healthcare law. kelly wright is live in washington with a preview of the historic case. good morning to you. it has been vigorously debated in congress and the states and now the supreme court will get involved in the fight over healthcare insurance reform. groups gathered to express their support or disdain for the new healthcare law. this group gathered to pray for the nine justices in terms of making their decision. for the next flee days they will hear and listen to three-days of arguments for and against president obama's landmark healthcare and legislation. >> we are confident it will be upheld. they upheld it in lower court decisions. the mandate is an idea supported by the heritage foundation. newt gingrich the godfather of the mandate mitt romney. >> if obama care becomes fully ime implemented in 2014 it will bankrupt the state. 31 percent of the people in south carolina will be medicaid eligible a billion dollars more of matching funds from the state. >> you heard lindsay graham talking about the cost, the real cost of the new law republicans dubbed as obama care. true costs of obama care or premiums 2008 they would have lowered premiums by 2.5 k by the end of the first term. the reality is the premium would increase by 2.2 k. true cost of obama care or healthcare legislation reform. the federal deficit with the cbo 2010 healthcare plan will reduce deficits by 143 billion within 10 years. october 2011 obama does away with the class act wipes out 270 b dollars. they are not expect to do render its decision until june. back to you. >> thank you so much. a lot of people say the government can tell you what type of healthcare to have they can tell you what kind of car to drive or food to eat. >> people saying no, no, not so fast. >> now it's time for look who's talking. >> rick santorum the presidential hopeful getting a lot of support as the worst candidate to go up against president obama. >> here's the comments you will hear from the mainstream media. >> why would we put someone up who has uniquely picked anybody in t any republican in the country. he is the worst republican in the country to put up against barack obama. why would wisconsin want to vote for someone like that. >> if you play the entire contest he was saying mitt romney is the worst to go up against the president in regards to healthcare. >> this is so important yet mitt romney agreed with barack obama on every single thing that he did because he put it in place in massachusetts. it's the blue print for obama care. don't believe me, ask obama. look what governor romney said not only defended romney care, in 2008, he said mandates are good. i like mandates. mandates work. those same mandates are the ones brought before the united states supreme court. why would we put someone up who is uniquely. pick any other republican in the country he is the worst republican in the country to put up against barack obama. why would someone vote for someone like that. >> he tried to clear the air. >> you said mitt romney is the worst republican in the country to put up against barack obama. >> i was saying with the issue of healthcare. i was talking obama care as you heard me care. that's exactly what i said. on the issue of healthcare. that's what i was talking about. i was very clear about that. >> however, his intent to clarify his comments being over shadowed by what he told the u.s. times reporter off camera. he said quit distorting my words. it's bull blank. he leased a statement. i was aggressively attacked by a new york times reporter all too ready to defend two of them and ready to disport my words. it's ti >> santorum decided to use the confrontation with the new york times to benefit himself. he says the subscription to new york times costs 30 bucks. he hopes folks will forego their subscription and donate the 30 bucks to the campaign. >> you hear pundits saying essentially what will be happening -- looks like we need to go to weather, do we need to do that. let's check in with maria molina. good to see you. thanks for woch waking up early with us. we have weather going on especially across the north central. we are expecting storms out there. if you live out here across dakotas we are expecting it again large hail damaging wind gusts and isolated tornadoes. further off to the east it will be a beautiful day with a lot of sunshine dry weather in place. although later on this day late in the morning and also later on this afternoon we start to see the winds picking up across parts of the northeast staying betwe -- sustained between 20-30 miles per hour. that is something to keep in mind that will make the temperatures feel a little cooler as we start to see the windchill factor on in. across portions of the atlantic you will start to see temperatures dropping if possible below freezing levels. there is a hard freeze expected across the portion of the lower great lakes and mid atlantic. because we are expecting dry weather along the northeastern sea board. later on today you will see the wind picking up. that could potentially cause delays memphis will be a beautiful morning. dallas texas sunshine and temperatures in the 60s early this morning. here's a look at the severe weather area from north and south dakota and western portions of minnesota. if you live out here stay alert. otherwise high temperatures. little cooler than lately. we will take it. 50 degrees not so bad. time now to brew on this. here's what we want you to brew on this monday morning. a federal judge in missouri ruled the state's flag desecration is unconstitutional and cannot be enforced. the law states any person who purposely or mutilates or otherwise desecrates the national flag of the united states or the state flag of the state of mississipouri is guilt flag desecration. >> it is a misdemeanor penalty but the judge ruled it is invalid because it prohibits protected speech. they call it a long delayed victory in missouri. but the attorney general had this to say about the ruling. although we understood defending the statute was an uphill battle most missourians have a strong reaction against flag desecration. >> fox news has been told the attorney general's office is looking at the ruling. >> that leads us to our question of the day. federal judge okays flag desecration just fine or over the line? >> tweet your comments at fox friends first or e-mail at friendsfirst@foxnews.com. >> others are saying why don't we burn a cross while we are at it. this is unfair and disreeffespeo our fallen heros. >> a lot of people say that. >> 10 minutes before the hoafte hour. she was hiding in the bedroom with a brick. how a crazed fan was able to get into simon cowell's home. >> guess who is picking up the tab? you are. ♪ be >> it's 14 minutes after the hour. here's what you missed while you were sleeping. details emerging about a disturbing cyanide attack in london. there was a web site where a string of al qaeda posted details about the plot. the poison should be mixed through lotion so it can be poured through the skin. they have leads on three suspects wanted for the murder of john sanderson. the 21-year-old student was shot multiple times outside of his dorm room. 15 minutes after the hour. now stories you can bank on on monday morning. joining us now is robert gray. it looks like you say you can actually put money on whether the supreme court will over turn obama care? >> that's right. the web site handles everything from who the gop nominee and who is next off on american idol. you can talk about polls all you want to but people are putting their money on the supreme court not over turning this. 34 percent odds they will support the individual mandate. they are taking bets on next year as well. there's a 47 and a half percent by the end of 2013. they are saying it's a better chance of it being overturned next year than in year. >> call your book keys. you say $7 million for unused space and taxpayers are footing the bill. >> pensions have been paying 2 and a half million out there for a building that is empty. it's not only empty but it's unusable. taxpayers are helping to foot the bill here. they are taking 4.7 million in renovating this local. it's known as a disaster recovery site. but it is closer to mid town manhattan than current headquarters are anyway. this is something we can relate to a new study out says $30 billion is lost to consumers by lost cell phones. >> they are lost between 9:00 p.m. and 2:00 a.m. some of the most likely places the most likely city where you lose a cell phone philadelphia is keeping up with seattle. the places you are most likely to lose them are in a coffee shop, in a bar and then at the office. three places to start next time you lose it. surpriseingsly new york city came in at number 9. you would think with cab rides and subways it would be number one but we are better. 17 minutes after the hour now. >> president obama taking credit for a pipeline approval. wasn't it already approved? >> there is no keystone pipeline. the leg from canada to the united states he united states has not authorized it and won't until after he's elected. >> rush thinks so obviously. a fair and balanced debate coming up next. a brand new push to ban people from smoking in their own home. first a gallon of gas will cost you $3.89. >> 21 minutes after the hour and quick headlines for you. a late winter storm wreaking havoc in southern california. rain, snow and winds flipping cars right off the road. luckily no one was seriously hurt. may soon go up in spokes in california. the city of elk grove is thinking about banning smoking in apartment complexes. the housing association of sacramento valley says renters not the city should decide on the appropriate policy. president obama touting his energy initiatives as he gears up for his reelection campaign. senior white house advisor was put on the defense list for what, twhat the administration is taking credit for on the sunday morning talk shows. here's what he said. >> then you see him playing politics it appears not only with a trip this week where he is going to clean states to talk about production but on the keystone pipeline. >> i take issue with the whole premis premises. we are on track to a very aggressive increase in terms of energy poles. >> ton fair a lot of that goes back to the bush administration. >> we have had a lot to do with it as did our predecessor but i was talking about diversifying our sources in terms of wind and solar and bio fuels. we are making tremendous strides. we are 2 percent when this president came in office. here for the debate michelle fields and democratic strategist tara dowd. i want to get reaction to this. he says we are on track. production is actually down since president obama is taking action. i will let you go first. how do you fee fend that? >> drilling is up overall to the point where gas prices are high that's the bottom line. this is the usual politics. democrats blame the republican when is gas prices are high the republicans blame democrats when the gas prices are high. if you are saying drilling will bring down gas prices because gas prices should be lower because we are at record drilling. no matter who is responsible we have record drilling going on in this country. president obama has pu in place even though he has little control over gas prices. he has put in place higher fuel efficiency standard. that's a concrete policy. why is that important? because if your car is more fuel efficient you are paying less money. that's an important issue. to say the production levels are high because of obama they are high because of the bush administration. it is interesting now that the obama administration is talking so much about energy policy. it shows it's a sign they know they are vulnerable on this issue. they see it as a weakness. they have every reason to be worried about it. we see the administration is boughing which provide 700 thousand barrels of oil per day in the united states. tons of jobs. this administration has failing policies. president bush for the high gas prices. gas prices in 2008, 3.70 cents. today gas prices 3.89 cents. much higher than they were then. now can the gop nominee go against president obama in november about this? start with you. >> he was talking about bush back when he was running for election saying he has such high gas prices. he is saying you can't attack me on gas prices. that's flip flopping. >> what do you think? >> this is politics. the republicans attack the democrats when gas prices are high and vice versa. we shouldn't pretend like it happens on both sides of the aisle. it doesn't. the reality is the president does not control gas prices. gas prices are set on the international market. that is a fact. and so even if you produce more oil it doesn't change tfact tha the american pup lick is still going to be responsible for what happens. >> got to leave it there. thank you so much. time right now is 26 after the hour. it's an offer he can't refuse. congressman paul ryan throwing his hat into the bp ring. we will tell you exactly what he said. >> the best video you will see all day. things get a little rough. look at this trying to steal the puppy's food. first on this day in history in 1973 the young a& the restless premiers. ♪ >> 5:30. time for fox and friends first. i am anna kooiman. >> i am ainsley earhardt. our top story this half hour healthcare getting 6 hours spread out over three-days. first time the supreme court is giving this much time to a case in over 40 years. joining us with details is doug luzader. >> they can be as wonky as they can get in washington. this case is so emotional so important it is getting enormous amount of attention not just from the court but from spectators. look what's happening outside of the court right now. people have been waiting in line just to get a spot inside the courtroom. many are hoping to get inside today. it answer two years since the president signed healthcare into law. the court will spend 3 days this week hearing 6 hours of arguments about the constitutionality. a that kind of attention is almost unheard of. today the question is one of timing. should the report hold off on a decision before the entire plan holds enforcement in 2016. tomorrow the question is is it constitutional under the commerce clause for the government to force everyone to buy a specific product. in this case health insurance. that is the central tenant of obama care. both sides are predicting victory but a smarter money can point to a toss-up>> i am as spon nished to hear them say it's a slam dunk. i think it will be approached as a novel question. this goes very far and whether the report will permit it i don't know. this week the actual decisions aren't expected in will early this summer. healthcare is promising to be a central issue. now for your 5 headlines at 5:30. the top stories dick cheney waking up this morning in a hospital in virginia after under going heart transplant surgery. 71-year-old had to wait longer for a heart compared to the average patient waiting about 20 minutes compared to the usual 12 or less. the fact that he was able too severe a heart after 5 heart surgeries shows he must have been in excellent condition. trayvon martin was shot to death he was walking home unarmed when he was shot by george zimmerman. he claims self defense. it is sparking national uproars and zimmerman has been in hiding sense. sharla is suing the state of connecticut for $150 million saying they knowingly failed to protect the public from an animal. the mayor knew the chich's owner and allowed her to take the wild an manhole. >> tiger woods winning the first tournament in 2009. he finished with two under 70 which gave gives him momentum weeks before the masters. he >> 33 minutes after the hour have you ever had a mooching friend? he squares off with a duck over his puppy choy. he makes a run for it leaving his feathered frenched behind but the stup born duck won't give up. those are your headlines at 5:30. this morning paul ryan is also talking. he could be entering the gop presidential race. maybe not as a potential candidate but when asked whether or not he would jump on the ticket as a vp candidate he didn't rule it out. it is not something image considering right now. we believe we owe the country we don't like the direction the president is taking us which we don't. we owe them a specific sharp contrast they can select in november and doing this in congress is really important. >> saying he would have to consider it. >> before you leave the house this morning let's get your first weather update with maria molina. >> we are expecting quiet weather but i want to point out where we have issues along the east that is in the outer banks where we see moisture coming on in. we brought in areas of moisture from the northeast to southeast. along the lower great lakes into portions of the southeast. we had tornadoes and some of them confirmed. otherwise continuing down early this morning they will continue to pool away north kierl lane gnaw outer banks should be good through the afternoon hours sunshine building on in. we are seeing moisture. it will not be until later on today. you will start to see heavier showers developing through the region. philadelphia looking good sunshine temperatures in the upper 40s. atlanta looking good as well. 38 the high temperature at 8 ax m. portland oregon you could be looking at heavier downpour this morning and it could cause travel delays in the airport. north dakota large hail damaging wind gusts and isolated tornadoes will be possible. that will be later on this afternoon and this evening during the overnight hours so you should stay alert out here. otherwise early this morning it looks good around the center of the country later on this afternoon mid 80s for dallas and for us cooler than what we have been seeing lately high of 50 and gusty winds will make us feel a little cooler. ohio state and louisville are still in. with the final four set we want your watch party to be top-notch. joining us now is senior editor hayden lynn. good morning to you. thank you for coming in. >> thank you for having me. >> the first thing you have is a drill blender. this is the real deal. >> only way to make a mango. you apply the drill yourself. you plug your drill into it go upside down. there. >> even if you have something fruity in there it can still be a man drink. >> all right. >> what do you have next for us? >> next up is the r krk cooler. you going down to the wire you are out of beer. rc cooler will bring it to you. >> no way. >> it is remote control? >> like r2d2. there you go. >> that sithing is perfect. >> the i grill? >> it is great for someone who wants to get the grill going they don't want to stand there while the game is going on. it sinks up to your blue tooth to your iphone and it will will alert you if your steak reaches the correct temperature. >> often the ladies love the chocolate covered strawberries edible arrangement type of thing everybody can comblget into the spirit. >> they send you this bucket with a team logo of your choice you can choose a 6 pack. not only does it come with beer but a nice little glass here and a bunch of peanuts. >> that's not little. that's big. >> finally you have the barbecue belt. this remind me of tim the tool man tailor. >> it has everything you need. you can hang all of your tools on it. it has a chamber in the back it will keep your beer cold. >> does it have ice packs in the bottom of it? >> yup, a little cozy. >> hayden, thank you so much for your time today. happy watching for the final four. we are going to hand it over to ainsley with a look at entertainment headlines. >> the hunger games raking in 155 million bucks at the box office making it the third best movie debut ever. behind harry potter and the dark night. 21 jump street with 21.3 mmm -- million and the lower racrax. it was like a scene from a scary movie coming face to face with the intruder who broke into his mansion in london. the judge and music mogul was watching when tv when he smashed into the window got into the house and started wandering around even lying in powell's bed. simon found her in his bathroom. she is believed to be an over zealous fan. >> it is the tweet that sparked speculation for a wedding for miley cyrus. she recently posted this photo showing her new manicure. it had everybody talking about the bling on her ring finger. sources close to the star says the 19-year-old is not engaged to the actor. they are just dating. she is only 19, guys. come on. 14 minutes after the hour now and coming up, 50,000 bucks. that's the price paid by the u.s. military to every single victim of the afghan massacre. the move sparking controversy. they okay flag desecration. is that just fine or is that over the line? >> my parents came to this country from south korea looking for a better life. they worked hard to provide me an excellent education. practicing here gave me access to medical advances to treat my patients with the care everyone deserves. that's one of the reasons i am proud to be an american. water, we take our showers with it. we make our coffee with it. but we rarely tap its true potential and just let it be itself. flowing freely into clean lakes, clear streams and along more fresh water coast line than any other state in the country. come realize water's true potential. dive in-to the waters of pure michigan. your trip begins at michigan.org. 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[whoosh, clang] you need lifelock-- the only identity theft protection company that now monitors bank accounts for takeover fraud. lifelock is the proactive identity theft protection company, with an early warning alert system that is state of the art. when we detect any suspected breaches of your personal information within our network, we contact you right away, before the damage is done. lifelock has the most comprehensive identity theft protection available. no one can stop all identity theft-- that's why lifelock offers you peace of mind, and you get our million dollar total service guarantee. >> having your identity stolen feels like you've been totally violated. you go around looking over your shoulder. it's almost as if someone has broken into your home. >> announcer: don't spend another day without lifelock. call now. try lifelock's service risk-free for 60 days. lifelock is the only identity theft protection company that now monitors bank accounts for takeover fraud. no one provides more comprehensive identity theft protection than lifelock. if you're not convinced within 60 days, simply notify lifelock and you won't pay. and to keep your documents out of the wrong hands, we'll even add this personal shredder-- a $29 value-- absolutely free with your enrollment. don't wait another minute. call the number on your screen now, promo code: alerts. lifelock service guarantee cannot be offered to residents of new york. >> if you are just waking up we have a fox news alert an update to the top story. we now know it was two british soldiers shot and killed by someone wearing an army oun form. that gunman also shot dead. the attack happening on a base. this attack the latest incident where afghan security forces or insurgents dressed like them turned their back on international troops. quarter of the hour. the u.s. making big payouts in the shooting rampage carried out by a rouge american soldier in southern afghanistan. kelly wright has more details on the latest news by the white house to mend relations with the afghan community. >> good morning to you. an official says such are customary in the afghan culture where a wrong like this is done. department of defense official adds the u.s. military offered this money as compensation to the families of the victims. would not confirm the exact amount paid. each wounded person received 11,000 dollars. the money was paid out over the weekend at the governor's office in kandahar afghanistan. families are told where it came from president obama. the u.s. defense department representatives say the money reflects the devastating nash of the incident. the shooting took place two weeks ago when a u.s. soldier allegedly carried out an unprovoked rampage by civilians and villages in the kandahar providence. robert bails is charged with 17 counts of murder in the attack. his wife expressed remorse for what happened but finds it hard to believe her husband could ever carry out such a brutal attack on innocent people. i have no idea what happened. but he would not -- he loves children and he would not do that. >> the families of the victims say they want an open trial of sergeant bales and are demanding the death penalty. they say the money being paid to the families of victims is not compensation money but aid money to help them survive and improve their lives. continue to follow the case and obviously the u.s. military will be carrying out the court-martial trial. they will be waiting for the proceedings when they are announced. back to you. >> in the meantime take care of that voice, kelly. 47 after the hour. coming up putting alec baldwin on a flight and being booted off a plane will be the least of your problems. we will explain next. >> it is your last chance to answer our question of the day. a federal judge okayed flag desecration just fine or over the line? e-mails coming up. check in with steve doocy o see what's coming up. >> in 12 minutes republican hopeful rick santorum will be dropping by. also dana freedman we have a lot to talk to her about. real estate mogul and one of our closest billionaires donald trump. we have a full three hours kicking off just about 11 minutes from right now right here on "the fox news channel. having one of those days? tired. groggy. can't seem to get anything done. it makes for one, lousy day. but when you're alert and energetic... that's different. you're more with it, sharper, getting stuff done. this is why people choose 5-hour energy over 9-million times a week. it gives them the alert, energetic feeling they need to get stuff done. 5-hour energy...when you gotta get stuff done. >> before you leave the house this morning let's get your first degree weather update with maria molina. >> good to see you and good to see everyone. if you live in the center of the country it is knottnot too bad there. temperatures on the relatively warm side. it will stay warm out there as we are expecting highs well above average 30 degrees above average. 78 degrees will be the high. it will continue unusually warm weather along the plains otherwise across the northeast. it will be cooler than it has been with a high 50 in new york city. when you pafactor in the wind expect it to feel like it's in the 40s across portions of the northeast. otherwise no problems across the southern plains southeast. if you are head the out you are going to need the umbrella. the sunshine will build and the storm system pulls away. quick temperatures very pleasant. across portions of the north central we are seeing moisture on the southern parts of minnesota and southern wisconsin. it won't be until later on this afternoon that we see widespread activity and also a risk for severe storms. morning travel is good for philadelphia atlanta chicago portland. you could have issues of areas of rain. also significant in the cascades. expected to reach a foot or more. otherwise threat tore severe forms in north central. weather headlines we are expecting more. >> so strange. we have had such a bizarre season hot and cold and hot and cold. >> weather magnet. 53 minutes after the hour. let's span the globe to see what stories are making headlines. chile has an earthquake sending people out into their homes. it struck 16 miles north northwest. some people were hurt by pieces of scrumbling ceilings. there was no other reports of deaths. dawning a sombrero in mexico the pope will celebrate an open air mass in the plain plaza. he will meet with the cuban president castro and most likely his brother fidel. thousands of people in mexico city help set a world record. total of 6,633 women, men and children go into the square for an active zumda class. they dance their way into the book of world records for their largest fitness class. they were doing the three step and everything. >> you could have done that hannah with your muscular arms. i need to workout. >> earlier we told you about the case in missouri where the judge ruled the flag desecration law was unconstitutional saying punishing people for these acts violates protective speech. the federal judge flag desecration is it just fine or over the line? here's what viewers had to say? >> justice from texas says burning flags is a problem in the country. i know it is free speech but there's something called common sense. >> i feel it is unamerican to make laws that limit our constitutionality protected rights. the judge is ruling it's just fine. >> laura asks this, what is happening to our great nation and the things we value? everybody at home keep the e-mails coming we would love to hear from you. make a wish. coming up, it may be the most bizarre case of political correctness run wild. didz no longer allowed to learn about dinosaurs because they are too scary? we will explain. >> scramble up those eggs. can you figure out this word? do you need to write down the letters? stick around we have the answer. what is that? >> up and at em, here's the look at the good, bad and the ugly. the heat's dwayne wade hitting a 65 foot buzzer-beater against the thunder. oklahoma city still beat miami. destructive passengers like alec baldwin be warned, the port authority is reportedly planning on fining bad flyers. the port authority spokesman says "one alec baldwin incident can delay a whole airport for a whole day." he got booted by american airlines at lax after refusing to turn off his cell phone. final the ugly on a monday morning. halloweens, birthdays among the many topics they are banning from public school tests in new york. they thinks it could invoke unpleasant emotions in students. >> we just gave that story because it gave me an idea for this. get scrambled up. welcome back to from your vacation, gretchen. >> i thought for sure the scramble would be vacation. >> i know! it should be! it should be. >> ok. in my life, it would be puppy. new puppy at my house. only thing i can think about. looking at this word. come on! >> i'm a little slow. dinosaur! >> good job. >> all right. >> congratulations on the puppy. k kiddos love that, i'm sure. >> one a lot and one not so much. >> mom is taking care of the puppy. thanks for joining us and have a great monday. we'll see you tomorrow. >> and it is a