Transcripts For FOXNEWSW Happening Now 20120327

what parents need to know. all happening now. jenna: on cue, did you have a little cinema none in your -- cinnamon in your throat. jon: no, just a frog. thankfully it is gone. jenna: that segment later in the show. history in the making in washington as we head to day two of the health care showdown over the president's health care overhaul. i'm jenna lee. jon: i'm jon scott. can the government make americans buy health insurance. the supreme court taking up that constitutional question right now. they're in the middle of two hours of oral arguments from both side as protesting goes on outside. today's arguments focus on individual mandate. the most controversial part of the president's health care law. outside the high court protesters continue to make their voices heard. some of them have been here for days. byron york, chief political correspondent at the "washington examiner" and a fox news contributor. byron, good morning to you. not too overstating it to say this is a day that could change thing for every american for years to come. >> absolutely. this would be a huge fact it for president obama, obamacare, the national health care law, is his signature achievement of his time in office so far. having it struck down as unconstitutional or having the heart of it struck down as unconstitutional would be a major blow and major boon for mitt romney, rick santorum, newt gingrich, the republicans vying to replace him. you go to their rallies. every single rally the top applause line comes when the candidate pledges to repeal obamacare. jon: even democrats seem nervous about some of the prospects. congressman john larson was asked, what happens if the court strikes down the individual mandate? here's what he said? >> redouble the efforts and take to the streets, understanding that america is with us on this. understanding what this would mean in terms of women's health, alone. what it means in terms of the disparity, that this act corrects. jon: americans are with us on this? byron, has he been reading the polls? >> well the polls show a substantial majority of americans could like to see obamacare repealed and, even larger number of them believe it is on constitutional. i think what the congressman said is really important that a political fight is going to follow this ruling so that, if the court rules the individual mandate constitutional, republicans will in no way stop their desire, their drive to repeal obamacare. it will still be a big issue on the trail. might even revitalize the tea party a little bit. this is the kind of government expansion they were founded to oppose. on the other hand if the court found the mandate unconstitutional you would see democrats redoubling their efforts. a lot of them staked their reputation on this they tried to win for generations. they will try to find a way around the mandate to keep the law intact. jon: we'll talk a little more in the next hour what this means tore the tea party and whether it is upheld for struck down what does that do for the tea party. what about the president? the second anniversary of the signing of the bill into law just passed last week. we didn't see the president doing much about it. does know association with health care is not good for his political fortunes? >> well, as you mentioned the president does read the polls and he did not make a big deal of this. on the other hand if you look at the 17-minute biographical movie the obama campaign released a couple weeks ago, health care was a significant part of it and this is going to be, when the president goes out and campaigns, he is going to be saying, look, before me an insurance company could deny you coverage if you had a preexisting condition. it could throw you off the coverage rolls. today x-million more people are covered because of this law. he is even embraced the term, obamacare which, democrats and president didn't like for a long time. yeah, it will be part of his campaign. jon: byron york, from the "washington examiner". as we said a very big day. we'll keep an eye on all of the developments there. thanks, byron. >> thank you, jon. jenna: we move to this fox news alert a frightening scene in the foothills of colorado today. firefighters find at least one body in the ruins of a fast-moving wildfire west of denver. that is not the only one by the way. rick folbaum has more on this. rick? >> reporter: jenna, as we speak there isdanger across thee state of colorado. more than a dozen fires in all. the biggest one you mentioned is jefferson county. it is called of the lower north fork fire. one person is dead there. several homes have been destroyed. not really sure what caused this. the sheriff's department said it may have been the wind blowing embers from a fire set on purpose last week as officials were trying to clear brush. one of those controlled fires officials set every now and then. whatever the cause it's a real problem for folks who live nearby. >> i'm really scared and getting afraid to leave. >> how worried are you right now? >> panic, panic. i really am. >> i'm grabbing personal papers. my dog, my cat, some clothes and pictures that can't be replaced. things like that. medicine. >> first time in 36 years i had to get out of here so. he have duty. >> it is kind of scary. it's real scary. so we're just hoping it doesn't blow this way. >> reporter: there are other fires. one in summit county, larimar county, pueblo county. other places too, jenna. jefferson county has more than one active fire. officials there have their hands full. officials all over the state very business civil the wind is not helping them. as we learn more about efforts to bring these fires under control we'll pass it along to you. jenna: rick, thank you. jon: the flames spreading amid dry and windy conditions. we called them chinook when i was growing up in colorado. what does the weather forecast look like for the firefighters? meteorologist, maria molina in the fox news weather center. >> jon, good to see you. unfortunately we're not expecting any big rainstorms to help us out across portions of colorado especially jefferson county where we have the big wildfire but there are two things that will be improving and help firefighters fight the fires. that is rise in humidity levels very slightly and winds will be calming down. those are two things that could help us out. no rain coming through saturday. a lot of sunshine. temperatures on the cool side for today. 59 should be the high. we'll see temperatures gradually rising. mid 60s as we head into the weekend. and winds out of the south generally 10 to 15 miles per hour. still breezy but not as strong as yesterday when we were talking about wind gusts in excess of 30, 40 miles per hour out across parts of colorado. today's fire danger does stretch a little further toward the northeast. we're looking at very strong winds in excess of 60 miles per hour at times across parts of south dakota, nebraska. it is also dry out here. we're looking at low humidity levels. this is the area we're talking about the greatest fire danger concern today. we have a storm system producing gusty winds stretching across portions of north dakota and minnesota. there is not a lot of moisture so there is not a lot of precipitation. we have a line of stronger storms across north central north dakota. as the system continues to head east later on today we're talking about severe weather risk in parts of indiana, illinois and missouri, large hail and wind gusts, isolated tornados can not be ruled out. temperatures 20 degrees above average. 79 in kansas city. jon: folks in illinois have to look for tornado possibilities again today. been rough. >> this time of the year. jon: maria, thank you. president obama once again caught with his microphone on, making not so private comments to another world leader. hmm. why mitt romney is calling mr. obama's remarks to the russian president troubling. ambassador john bolton weighs in. jenna: people rebuilding their lives in the wake of this immense destruction you're seeing on your screen. how one woman is using facebook to help tornado victims reconnect with some of their most precious memories. >> all right. >> come on. jon: these videos are everywhere online. kids gagging and coughing as they try to swallow a spoon full of dry cinnamon. doctors say though, this fad is nothing to laugh at. we'll expose the real dangers behind the so-called, cinnamon challenge. jon: new fallout today from the president's comments to russian president dmitry medvedev on missile defense caught on an open microphone. here is what the mics picked up at the tail end of their meeting in south korea. jon: well the president made light of that incident covering up the mic but went on to clarify his comments. >> when you think about new s.t.a.r.t. treaty that demitri and i were able to hammer out and ultimately get ratified, that was a painstaking two-year process. i don't think it is any surprise you can't start that a few months before a presidential and congressional elections in the united states and at a time when they just completed elections in russia and they're in the process of a presidential transition where a new president is going to becoming in a little less than two months. jon: gop presidential candidate mitt romney calls russia, our number one geopolitical foe and blasted the president. >> russia is not a friendly character on the world stage. for this president to be looking for greater flexibility where he doesn't have to answer to the american people in his relations with russia is very, very troubling, very alarming. i am, i am very, very concerned. i think the american people will feel the same way. this is a president who is telling us one thing and doing something else. jon: the white house blasting back. press secretary jay carney saying quote, in a world where al qaeda is so clearly the preeminent threat to the united states and similar organizations it seems a little inaccurate to make the statement about russia where russia is a country we've been able to cooperate with on very important issues even as we disagree with them on others, that includes missile defense and syria. jon: joining us with his take, john bolton, former u.s. ambassador to the united nations and a fox news contributor. of the president's quote to medvedev, you've been quoting saying there is huge cause for concern here, mr. ambassador. what do you mean? >> well, this is a fire bell in the night this comment by obama. you know, the only flexibility that he can be talking about, and i think you could see medvedev understood it perfectly, is giving away more from the american position on missile defense and more broadly on security issues. for the president to try and say today as he did, that you can't get something complicated starting in an election year is just dissembling. obviously he is saying to medvedev and the russian government generally, just wait until after the election is over and i can give way on points that i would be harshly criticized for in the united states if i surrendered them before the election. jon: what about jay carney's comment that al qaeda is more of a problem for the united states and groups like it, than say the russian government? >> well, maybe he should talk to the president more often. you know, if you listen to president obama having killed osama bin laden, al qaeda is not a threat anymore. it is just a small group of people on the pakistanney side of the afghan border, nothing to worry about there. we're going to negotiate with the taliban. let them back into power in afghanistan. al qaeda worldwide has been broken. i think mr. carney needs to talk to his boss. but in fact, romney's dead on right, russia still has the most massive nuclear weapons capability of any other country on earth and with incoming president putin by the way, a former president of russia, not somebody who as our president implied had to come back up to speed it is a real threat. that's why when you hear the president again giving way on american missile defense, defending our homeland, that is why i say it's a fire bell in the night. this is something that verges on the irresponsible for a president of the united states to say that to another world leader. jon: i wondered if the asked to the former soviet state of georgia how they feel about the russians after russia moved in and attacked them several summers ago and obliterated so much of that country, how they feel about russia and its taste for freedom? >> well, exactly. you will recall in august of 2008 when the russians did invade, then candidate obama called on both the george against and the russians, called on both sides to exercise restraint. that's like saying to the kid on the ground when the schoolyard bully is pounding them that both of those kids ought to exercise restraint. this is a signal of weakness by our president, a very revealing, obviously candid comment that he didn't think anybody else was going to overhear that our adversaries around the world understand is a sign of weakness and our friends worry about. this is real fire bell in the night. the white house will not wish this one away. jon: when it comes to missile defense and the size of our nuclear arsenal the president said he wants to drastically reduce the size of our nuclear arsenal. are those the kinds of things he could push through in a second term without maybe, well without having to answer to the voters certainly and maybe without necessarily heeding congress? >> well, there are a lots of indications the president already decided to take exactly that route to avoid the treaty mechanism and senate, requirement, constitutional requirement for senate approval. and this is something that in the national security field where the constitution obviously gives the president primacy he will have a lot of discretion. honestly i would worry about in the domestic sphere as well where he has already shown a preference for executive orders, i think this is the lesson of what happens if he gets reelected. jon: ambassador john bolton, fox news contributor. thank you. >> thank you. jenna: an atheist group is suing the state of pennsylvania over a resolution declaring 2012 the year of the bible. the group is claiming that amounts to state-sponsored religion. do they have a case? we have a fair and balanced legal debate on that, coming up. plus jon's favorite story always. a update on pink slime. just looking at it kinds of turn your stomach, right? growing public concern is, forcing the makers of this to do. we'll have an update on all of that coming up next. 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[ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. jenna: new legal questions today after a national atheist group filed a lawsuit against the state of pennsylvania for declaring 2012 the year of the bible. the group is called freedom from religion foundation. they claim that the resolution amounts to state-sponsored religion and therefore is unconstitutional. that is not all. the group adds that the bible contains, quote, violent, sexist, and racist models of behavior that the members of this group find personally repugnant. the sponsor of the resolution, a local lawmaker, disagrees saying quote. it recognizes the significant impact the bible has had on our country. it in no way inhibits anyone from believing in any faith or no faith. who is right here? what is the case like? lis wiehl, fox news legal analyst and former federal prosecutor. frred tecce, former federal prosecutor. welcome to you both. they say the state is endorsing religion and site lates the constitution. is that true. >> they have a got a case. wonderful the resolution sounds benign, uplifting, and all that it has the mark of legislating religion. that arguably runs afoul of the definition of the separation between church and state. the whole establishment clause. look how courts have interpreted it. you can't even have the ten commandments in a courtroom, jenna. how will this fly? i think they have got got a case. i don't like the way they are pursuing it but they have a case. jenna: look about the case. not just about separation of church and state. they simply do not like the content of the bible as well. they say the content to encourage people to rely on the content of the bible and therefore, act in an maer harmful to them and to others. does that, us did that change their argument, the validity of it? >> well, it doesn't change their arguement. i think their argument is legal sophistry. their real problem is with the bible which they said in their words, contains, violent, sexist and racist overtones and is not a model for citizens of the united states. but i think their argument is really undermined by two things. first of all, under the u.s. constitution which is the standard by which this gets looked at, in 1983 ronald reagan and two houses of congress passed virtually the exact same type of resolution. this is resolution. it is not a law. secondly and more importantly if you look at pennsylvania constitution, the pennsylvania constitution refers to the almighty and gives thanks for civil and religious freedoms. this doesn't endorse any particular religion. the bible plays a great part. lis and i both put our hands on the bible swore to uphold the law when we became federal prosecutors. jenna: what about that, lis? >> that is true but if you don't want to put your hand on the bible or don't endorse the bible and you're excluded and excluded by a legislative branch that is the problem. i do not like the way they're going about it. i don't agree with what they're saying about the bible one iota but really they do have a case because other entities are excluded. why don't we have a year of the koran. jenna: make a point about ronald reagan. you brought this up. proclamation made in 1983. president reagan came out in 1983 declared the year of the bible. it was challenged by aclu but upheld by a federal district judge. what is the difference there? >> it was but the law changed since 1983 that being upheld. i don't think it would be upheld anymore, jenna. at this point when you do have the ten commandments and separation of the churches and in the schools, we have hanukkah in them, christmas issues, every single christmas and hanukkah time. the law evolved since 1983. i don't think this is a good example where you want to put this out there anymore. jenna: do you actually honor the history, fred? we do know the founders did want a separation of church and state but we also know they were spiritual people too. >> right. jenna: how do you honor that history? >> they were, they were. i don't think this crosses the line. it doesn't endorse any particular religion. that is the point. last time i looked bible has both old testament and new testament which runs across christianity. i don't think it endorses any particular religion. it is just a proclamation. >> it doesn't endorse the koran. doesn't endorse atheists. it is not all inclusive. jenna: use the example of the koran, fred. the koran did not have a part in u.s. history. >> that's true. >> let me ask you a question. i got to tell you, if they passed a proclamation, that is all this is, proclamation or resolution we recognize or we, we recognize or, not endorse but, you know, --. jenna:. >> you just said it, endorse. >> you can't say endorse. >> that's the point. that is point they're going to make, fred. jenna: rewind the tape. >> don't use the word endorse if you want to win. jenna: final thought, fred? >> i'm sorry? jenna: quick final thought from you. if you don't want to use the word endorse i'm going to give you a do-over. >> you can recognize you can recognize the jewish faith during passover. you can recognize the islamic faith. you can't endorse them. >> problem making it proclamation and calling it year of the bible, hey, that send doorsment. jenna: interesting point. we'll talk about a later time whether or not reagan did in 1983 would be upheld now. >> exactly. jenna: it is not that long ago. be interesting to take a closer look. >> thanks for having me. jon: republicans and democrats trying to store some political points over soaring gas prices but when will ordinary americans finally see some relief at the pump? we'll get you an update. new developments on the recovery efforts from those devastating tornados in the midwest and it goes beyond rebuilding. now there is a move to help folks find treasures they thought were gone forever. next re and social security... security. that's what matters to me... me? 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[ charlie ] try zinc free super poligrip. 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. jon: an important hearing underway right now on capitol hill. it concerns a modern day threat facing our country. there is senator susan collins of maine, part of the senate armed services hearing which is holding this hearing on a major cyberattack, the kind we saw when the computer-generated stuts net virus crippled iran's nuclear program. the concern is that kind of thing could be turned against the u.s. and lawmakers are trying to figure out how we would respond. do we have a defense? chief intelligence correspondent catherine herridge is live in washington. what are we learning about this cyber threat, catherine. >> reporter: thank you, jon, good morning head of the cyber command says china is the primary bad actor and the u.s. military is often flying blind. in many cases by the time they are notified of a major cyber event on a public network it is just too late. >> if missile coming into the country and we had no radars to see it, we couldn't stop that missile. if we have a cyberattack coming in and no one tells us that that cyberattack is going on, we can't stop it. >> reporter: now this hearing entering its second hour. general alexander also confirming that the cyber command is working on a set of rules of engagement for suing cyber in an offensive capacity. >> i think the president and the secretary need options that would take it to the next step. these are not options that we would take but these are options that we would propose to the administration. >> reporter: as you noted in your lead, cyber has been already used in offensive way against iran's nuclear program. what the general is saying to paraphrase, if you launch a severe attack on the u.s. networks there would be a severe price to pay in kind, jon. jon: based on that testimony the military has a role to play here but what about homeland security? >> well it is worth noting that some of the most heated questioning this morning came from republican senator john mccain questioned whether the department of homeland security, dhs for short should be a leading party in such a many could plex evolving threat. >> what's the logic in providing the overall authority to the department of homeland security? anyone who has been through an airport as i do regularly, as most of us do, have no confidence in the technologically capabilities of the department of homeland security. >> i think the lead for working with critical infrastructure and helping them defend and prepare their networks should lie with dhs. >> reporter: the other side of the argument came from senator joe lieberman who countered that homeland security is in the best place to deal with what they call resilience that is recouping after a major event if it were to hit us domestically, jon. jon: still amazing it was our pentagon that essentially invented the internet. >> a point well-taken, absolutely. jon: now potentially being turned against us. thank you very much, catherine herridge. >> reporter: you're welcome. jenna: to another topic, jon, new information on a story we've been following here on "happening now", pink slime. i think i'm going to leave it at that, rick and let you take it away. >> reporter: i'm officially the pink slime correspondent here. as we reported yesterday the company behind the product now referred to as pink slime says it is temporarily stopping production. the result of widespread criticism all over the media, all over the internet. in case you haven't been following this story the term pink slime which the meat industry absolutely hates for obvious reason refers to chemically treated meat scraps that are stripped of their fat and mixed in with regular ground beef. there have been estimate this is contained about 70% of the ground beef available in supermarkets but folks in the meat business say there is smog wrong with it and that their industry is being unfairly attacked by the media. >> it is all nutritious including our product and that's, you know that is the frustrating thing for us and to get our word out to the consumer base because this is safe. this is what i feed to my children, okay? this is what i feel comfortable with everyone of you feeding to your children. >> reporter: last year mcdonald's stopped using ground beef that contains the filler. last week the u.s. government decided it would give school lunch programs the option of buying meat with or with out it. celebrity chef jamie oliver is jumping on the bandwagon that people have right to know if the meat they're buying contains the filler. right now there is no change to the fda company that meat companies do not have to list it on an ingredient on their packaging. only packages marked organic is guaranteed. jenna: would you feed it to your children? >> reporter: not if i could help it. jenna: would you feet them pink slime. jon: i hope now. jenna: part of it is the term. they say it is safe. rick, a fair and balancesed look at that. jon: rising gas prices are becoming a political football on the hill. a bill that would end tax breaks for the largest oil companies passing the senate with bipartisan vote. this as national average of price of a gallon of gas i should say stands at 3.89, that according to aaa. that is up a whopping 31 cents a year ago. robert gray from the fox business network is with us. how much would this measure help consumers get away from some of the pain they're feeling when they fill up their tanks. >> reporter: good morning, jon. not very much. both parties are conceding that. we have record high gasoline prices you talked about it. record high prices for the month of march. would end billions of dollars of tax breaks for so-called big five, exxonmobil, bp, conocophillips, chevron and royal do you have. -- dutch. democrats say it would save $24 billion over a decade's time but wouldn't help motorists. energy department says of 2010 basically what you're paying in average price of gallon of gas, taxes making up 14% of that. not really going to help alleviate the situation. jon: so if the savings are spread out over 10 years and won't really help with prices right now why did the senate pass it, what, 92-4? >> pre-election posturing if you will. obviously getting closer to november and motorists are starting to clam more with the record high prices this time of year no chance it will pass the house. gives both parties to opportunity to air their grievances in public. real battle lines, they're drawn along partisan lines as you might expect. corporate welfare, versus drilling for self-sufficiency if you want to shape it up. democrats look to make a campaign issue. take away subsidies from big oil to fund alternative energy sources. republicans say we should increase amount of drilling for moment soil both oil and gas, jon. jon: robert gray, fox business. thanks. >> reporter: you're welcome. jenna: great story for you coming up next. survivors of this month's devastating tornados are the abouting help recovering some of their most powerful potential sessions -- possessions. the effort is called, i found our your memory. the woman found birth certificates to high school diplomas. we talk about during weather situations like this you lose a lot. mike tobin in henryville, indiana. you lose a lot, mike, you forget some of your best and favorite photographs could be lost. >> reporter: it is obvious what is left over weeks after the tornados go through. let me give you a wide shot of henryville indiana so you give a rough idea how many homes were hit. what you don't see below the surface all the places are stripped of little things that make a house a home. irreplaceable things, photos, momentos, important personal documents. social media steps into the rescue in the day of the internet. a woman named victoria george from southern indiana created a facebook page called, i found your memory. people are using that to up load photographs that they find. personal documents that they found. things that traveled from here in southern indiana all the way into west virgina. one woman, laurie lynch from this area, was reunited with her high school diploma after someone found it in cincinnati. >> she framed it. margie meyer framed it for me and mailed it on back. you know? that makes something special a person took that much time for you. >> reporter: and the work crews from the jail, from boone county, kentucky, getting in on the act. they walk along the highway, you probably seen them picking up trash. following tornados they found photographs and momentoes. they're up loading things to the face book page as well. 50% of the all the items that get up loaded to the facebook page are being reunited to their owners, jenna. jenna: 50%. you wish nothing like this ever happens but nice to know there is something out there that helps people reclaim part of their lives. mike we appreciate it as always. >> reporter: got it. jon: videos of young people taking the so-called, cinnamon challenge are all over the internet. if you haven't heard about it, check it out. >> matt, here it comes. cinnamon. shoutout to my girl. [laughter] >> that is insane. whoa!. jon: they're laughing. he is not. it might look funny but parents of kids who ended up in the hospital are not amused. we'll tell but the dangers behind the cinnamon challenge. [ kyle ] my bad. [ roger ] tell me you have good insurance. yup, i've got... [ kyle with voice of dennis ] ...allstate. really? i was afraid you'd have some cut-rate policy. [ kyle ] nope, i've got... [ kyle with voice of dennis ] ...the allstate value plan. it's their most affordable car insurance -- and you still get an allstate agent. i too have...[ roger with voice of dennis ]...allstate. [ roger ] same agent and everything. [ kyle ] it's like we're connected. no we're not. yeah, we are. no...we're not. ♪ the allstate value plan. dollar for dollar, nobody protects you like allstate. so i test... lot. the allstate value plan. do you test with this? freestyle lite test strips? i don't see... beep! wow! that didn't take much blood. yeah, and the unique zipwik tab targets the blood and pulls it in. so easy. yep. freestyle lite needs just a third the blood of onetouch ultra. really? so testing is one less thing i have to worry about today. great. call or click today and get strips and a meter free. test ey. jon: new next hour. nearly a dozen suicide vests found as a massive terror attack is thwarted. we're live with that story. also brand new details about an armed robbery after police catch a suspect. now, there are lots of questions about the weapon he reportedly used. one of my favorite stories of the day that jenna found, popcorn. the popular snack could be healthier than fruits and vegetables. jenna: we could use a snack right about now. almost noon here on the east coast. we have to show you this story first. the videos are everywhere online. young people gagging and coughing as they try to down a spoonful of cinnamon, all part of a popular dare called, "the cinnamon challenge". take a look at this. >> all right. so here's the cinnamon, all right? all right. here goes. [bleep]. god. oh. jenna: the key here you're supposed to swallow it without taking any water. we can't tell you why they're doing this other than it's a challenge. the videos are going viral. kids will be kids. doctors say it can be dangerous. we have a professor of public health at johns hopkins university. in full disclosure, doc, i never tried this. have you? >> i have never tried this, but i can tell you, jenna, "the cinnamon challenge" has been around so many years. we're only seeing it in the youtube era seeing it popularized by kids. i can tell you it is a choking hazard and it is a health risk. jenna: talk more about that. even as a parent or someone baby sitting kids if teenagers came home and said, hey, mom, watch this, let me see the cinnamon, you wouldn't automatically think this is something dangerous. why does this pose a danger? >> cinnamon is not known to be toxic in any way. probably good for you in regular doses. what happens with cinnamon unique to other substances it quickly dries out the lining of the mouth and the throat and becomes aerosollized and you inhale it. it doesn't go down the food pipe. goes down the wrong pipe and can be caustic to the lung. doctors are seeing cases acute lung injury with this popular trend. jenna: one girl even had a collapsed young. that is only case in the country where we have seen someone in the hospital for an extended period of time but i also saw things like scarring of the lungs or maybe even a 11 infection. how could it get that bad? >> the woman in ann arbor in the hospital was in the hospital for about four days. what happens is, it irritates the lungs so much it can sort of swell up and fluid can build up. people with asthma say it is just like an asthma attack. those are the kids that parents should really be warned about, the kids that experiment with this, that also have asthma. it could really be a dangerous combination. jenna: what is the treatment? let's say, you know, come upon your kids, you know, playing, if you will with this challenge. i mean what do you do? just watch them to make sure they don't start feeling bad? water doesn't just make it all go away. >> water can help a i will are bit but of course it is a choking hazard. while somebody is in the middle of one of these attacks, let them cough as hard as they can and support them. the heimlich maneuver is the gold standard for choking. something like that could be an emergency maneuver. it is important to keep cinnamon out of the hands of small kids that may be interested in this. there are kids as young as 6 years old that are trying it. so there are schools now that are educating their parents where this is a popular fad. jenna: that is exactly how we found about the story as well through a newsletter. and there was a warning saying hey, you have to watch your kids for this. jon offered to try it on set but i convinced him not to. jon: yeah. jenna: with his health in my best interests. doctor, thank you very much. jon: like to be smarter than a fifth grader when i can. jenna: we all would. not always successful, right? jon: not always. cubans are celebrating the visit of pope benedict xvi. live reaction from the streets of havana to this papal visit next. plus the body of a teacher is found hours after she is reported missing. friends say 33-year-old melissa jenkins apparently was on her way to help someone with car trouble when she disappeared. so why are police warning that whoever did this might strike again? multi-policy discount. paperless discount. paid-in-full discount. [yawning] homeowner's discount. safe driver discount. chipmunk family reunion. someone stole the nuts. squirrel jail. justice! countless discounts. now that's progressive. call or click today. jon: thousands of the faithful welcoming pope benedict xvi to cuba. the pontiff continues his visit today to that communist country after holding an outdoor mass in santiago. he is expected to meet with president raul castro later today. steve harrigan keeping an eye on the pope's trip live from havana. what is his message there so far, steve? >> reporter: a dual message of pope ben didn't pope benedict following him. message of comfort for many cubans suffering in tough economic times helping weak, poor and sick. a subtle push at the cuban regime here. indirect criticism, telling cubans they should strive for a more open society, a society more humane and reflective of god. cubans have been able to turn out big crowds for political events but the big crowds for the pope are showing a lot of enenthusiasm as well, jon. jon: what is the church hoping to achieve by this visit? >> reporter: seems like the church is after some real practical goals on this trip. simply to broaden their role in life here in cuba in a state which was once atheist. keep in mind after the 59 revolution the communists closed down all the churches t has been gradually building back up. the papal visits build back up. they want to do more charity work. they want to open up religious schools. they want church leadership on state-controlled television. all these practical goals that could open up a little bit after this papal visit, jon. jon: steve harrigan, live from a hand have. -- havana. steve, thank you. jenna: stateside the arguments over the health care law about to wrap up in the supreme court. the justices focusing on the central issue in this landmark case, the individual mandate. can the government really -- legally force you to have health insurance. fox live team coverage coming up in a moment. extreme fire danger in parts of colorado today. fast-moving wildfires claiming at least one life. a full report from the scene next. i'm a lobster girl. top qualitlobster is all we catch. [ male announcer ] don't miss red lobster's lobstfest. the only time of year you can savor 12 eiting lobster entrees, like lobster lover's dream i'm laura mclennan and i sea food differently. >> reporter: rick folbaum in the "happening now" control room, stories you'll see over the next 60 minutes, including this one, police in vermont concerned about a killer on the loose, they're worried about whoever killed melissa jenkins, the woman found dead in in her car this week, may be looking to kill again. we have the update. >> a church in pennsylvania, this is the church website, engaged in an interesting practice as they train missionaries to head out into the world. why kidnapping is a part of that practice. we'll tell you. take a look over here, a snack food that may actually be healthier for you than fruit? and vegetables. we've got the lowdown on popcorn as the second hour of "happening now" starts right now. jon: we begin with this fox news alert. it is day two of the historic health care battle of the supreme court and it's expected to wrap up shortly. hello i'm jon scott. jenna: hi everybody, i'm jenna lee, "happening now", the high court zeros in on the heart of the president's health care law, the individual mandate which would force americans to buy health insurance or pay a penalty. as we understand it, arguments are still happening inside the supreme court at this time. shannon bream will join us as soon as they wrap up with the very latest of what happened today. jon: so for more on the political implications of what's going on in the court let's bring in the managing editor of the hill, bob cusack. bob, there are ploa and con arguments for the president, depending upon what happens to health care. some say the defeat of health care could be good for him politically, some say it could be bad. which do you see it? >> well, if he wins, this would be a validation of his argument all along, that this is constitutional. now, if he loses, it could be a bit chaotic, because depending upon what the supreme court doesn't throw out, the entire law, does it throw out just the mandate, president obama has been talking about the health care law, but mostly about the popular parts of it, the stuff about the children being on their parents' health care policy until they're 26. that is popular and republicans acknowledge it. but the law in general is not. so if president obama is validated and this is upheld by the roberts court, i think that would be a big victory for be in an asterisk because then republicans could say well, now we definitely have to get him out of office so we can repeal this thing. jon: and if he gets shot down in the supreme court, one of our guests pointed out yesterday, he could go to the voters in november, go to his base and say look, i tried to get this health care thing passed, it was shot down by those conservatives in congress and especially on the supreme court. >> yeah, he could make that argument, but it's just something that he's not been talking a lot about on the campaign trail. the two-year anniversary was on friday and he kind of delicately toed around that. it's something that they're not playing offense on this. republicans feel like this is a winning issue for them. so if they say and the tea party can say listen, this was why the tea party was created and we brought this thing down, that would be huge for the tea party movement. so a tough spot for obama if he loses i think. jon: let's talk about the tea party for a minute. as he rightly pointed out, it was essentially borne on the heels of omabacare, and -- >> yeah. jon: if omabacare is upheld, does that reenergize the tea party? >> i think it does. i mean, the tea party needs some type of jolt. the polls show that the tea party and the tea party lawmakers in congress are not as popular as they used to be. so if the tea party loses, and the health cash reform law is upheld, that could help the tea party reininvigorate itself but if they lose, once again that's i think a big victory for president obama and his legal team. jon: on the daily beast today, an author, peter j. boyer, wrote this. he said aside from the fact, and he's essentially talking about the fact that the shooting down of the health care law might potentially be good for the president, he says apart from the fact that republicans would lose their most animating issue in the presidential race, the overturning of the health care reform law would free obama of the burden of having to mount a broad defense of his health care plan as a? piece of his campaign. the president, who can read polls, managed to absent himself from any public observance of the reform law's second anniversary last week. is that why? >> i think that's a good point. and obama could put republicans on the defensive by saying well, okay, now it's struck down, how do you want to replace it? and remember, republicans have said they want to repeal and replace, but they have not put a formal proposal on replacement. they've thrown out some ideas but they want to unify around repealing so they've not laid out how they would exactly replace it. so that's one of the things that whatever happens, republicans are going to be on the spot for. jon: well, and this thing has been rolled out in a very i guess cleverly -- politically cleverly crafted way. i mean, you point out that that requirement that insurance companies have to accept children up to the age of 26, that has prove to be very popular. but things like the individual mandate, those don't kick in until after the presidential election, right? >> that's right. and remember, president obama on the campaign trail in 2008, he didn't like the mandate. he actually jousted with hillary clinton during debates on that point. but then he changed his mind, because health policy experts said listen, if you don't have a mandate you can't get the healthy people into the health care pool and therefore, health care is more expensive for everybody, so that's why the mandate is so important because if it's struck down, in all likelihood, the whole law could be in serious jeopardy. jon: well, the court has adjourned for the day, as we understand it. the arguments are over. we're waiting for our shannon bream to make her way out of the courtroom and it's going to be quite an effort. we're going to be hearing from shannon in a minute. but the teat party is one of the groups that's protesting outside today, bob, and as i understand it, the protests today are even more boisterous than they were yesterday. >> without a doubt. i was over at the supreme court yesterday, it was surprisingly calm. but today, it's a big letter day, the individual mandate and the crowds are a lot more boisterous. they know this is the hut bon issue, this is the key issue for the supreme court and that's why they're showing up in force today. both pro and con. jon: interesting that this individual mandate, apparently the thinking was that democrats would be able to go back and add a severability clause to the legislation. they thought they had the votes to do that. then there was the passing of senator kennedy, they didn't have that automatic 60th vote, and the severability thing is not in the language of the law as passed. so, again, if this individual mandate gets shot down, the whole thing could potentially go away, right? >> it definitely could. and i think democrats and republicans have backup plans right now. speaker boehner today would not predict how the supreme court is going to make a decision, a ruling on this, but i think democrats 1450 demand it get struck down. they will have a plan b and at least politically they'll be able to point to something, we should pass this. whether they have the votes remains to be seen but i think democrats and republicans over the next several weeks and months are going to put together a plan b just preparing for anything, especially in an election year. jon: it is going to be interesting to see what this does for the president's political fortunes, for members of congress and for the tea party who were so vocal in the last election. thank you very much, bob cusack, managing editor of the hill. thanks. >> thank you. jenna: right now hundreds of firefighters in colorado are working to contain a string of very fast moving wildfires, now blamed for at least one death. state fire officials just ordered some # hundred residents outside of denver to leave their homes, and there are more strong winds in the forecast. this is why we're following this closely. kdvr's crist jose has the latest from the elk creek fire station in kohn fer, colorado. >> -- conifer, colorado. >> evacuations are possible as firefighters continue to battle this wildfire this morning. right now there is zero considers containment, 350,000 acres have burned and 25-50 homes have been destroyed. jefferson county officials say they anticipate those numbers to go up throughout the course of the day. now, officials say one person did die in the fire zone. they believe that person is a resident and not a firefighter or first responder. four hundred fifty firefighters, both locally and nationally, along with two additional airtankers, will help attack the blaze later on this afternoon. at this hour, more than 900 homes have been evacuated, more evacuations are possible today, especially south of 285. officials believe the fire was ignited because of a controlled burn that was done last week by the colorado state forest service. last night, a handful of firefighters fought the fire, or 100 firefighters, rather, fought the fire but at least of what of them came back because it was not safe for them to be up there. again, for the record, 3050 acres have burned, between 15-25 homes have been destroyed, and right now, 900 homes remain evacuated. reporting in confer, christopher jose, back to you. jenna: we thank our friends at kdtr. jon: caught on tape, a suspect recovering from a police inflicted gunshot wound. what investigators are now revealing about his gun. plus, texas senator jon corner -- john cornyn on deck, leading opponent of the health care law. he was at the supreme court for the arts. those arguments just ended: the courtroom is clearing owl. texas senator cornyn says he has an alternative to the plan he'd like to see. he'll explain it to us next. >> and also rick taking a look at what's happening on foxnews.com. >> reporter: we like to know what you at home are thinking about the news stories. so today a job for you during the next break coming up. if you go to the "happening now" home page, let us know what you think: should the supreme court strike down the health care law? it's your chance to weigh in on this important subject. we'll have the results, and more of "happening now" after a quick break. [ kate ] most women may not be properly absorbing the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. jon: a fox news alert. now supreme court day two arguments have just wrapped up in the health care overhaul case. what do the justices think of this law that will touch every american? shannon bream was inside the court. she is now live outside with the very latest for us. shannon. >> reporter: jon, i just stepped out and all eyes were on justice anthony kennedy, often viewed as the swing vote, that crucial vote that either side will need to win. he wasted no time, within a minute or two of arguing asked the question why should my failure to purchase something force me into a market and subject me to regulation. it seemed to be the question that the point that the conservatives challenging this law have been making all along. he also expressed concerns that this law would fundamentally change the relationship between individual americans and their government. he has always been a big supporter of individual rights and seemed to have great concerns about what the health care law would do to individual choice in this country and relationship that americans have with their federal government. you would expect many conservative justices, including mostly led by justice scalia, were very hard on the law, very hard on this mandate and asking where in the world do you draw the line if you allow this. a number of the other justices, one, justice kagan, ruth baider ginsburg said listen, people are in the health care market already, whether they want to be or not and when they schooz not to purchase insurance this drives up the cost for everyone else. this law is aimed at addressing existing commerce, not creating new commerce but that was where the two sides clearly do not agree. a lot of attention on justice den ce -- kennedy and i got to tell you, off the bat, although we can't predict and maybe he was playing devil's advocate in asking the attorneys to convince him once and for all, he seemed to have great concerns about allowing this mandate to go forward jon. jon: and leland ross, in the courtroom with you, writes this from justice kennedy, perhaps in answer to justice kagan's question, he apparently asked the question can you create commerce to regulate it. >> reporter: that was clearly one of the biggest arguments of the day, a point that went round and round in these two hours of arts. both sides had to address it. again, those who support the law clearly think they're not creating anything, that this health market already exists but stephen briar, viewed as one of the more liberals on the court, asked the question what about somebody who is born, they don't have health insurance, they're immediately thrust into the market, they're going to have health care costs whether they choose them or not. the attorney arguing for the states at that point spoke up and said absolutely my concern, what you're suggesting is someone, simply by being alive and born in america is thrust into a market and regulated. he said by that estimation, by that example, congress could regulate to cradle to grave on every choice you make, every decision you do or don't make, simply because you're alive, and he says congress' power should not go that far jon. jon: fascinating arguments and we have more tomorrow, right? >> reporter: we do, day three. jon: shannon bream, outside the court, thank you. >> >> reporter: you got it. jenna: right now, new information on a few crime stories we're keeping an eye on for you here, and a stark new warning from police in vermont after a body believed to be that of missing teacher melissa jenkins was found less than 24 hours after she disappeared, police warning residents whoever may have killed the woman could strike again. in portland, an armed robbery suspect in the hospital, after police officers were forced to shoot. officers say they were approaching the suspect in a car when he pulled out a firearm. the gun turned out to be a fake. plus, singer bobby brown, released from custody after a dui arrest in california. officers pulled him over after catching him talking on his cell foarntion then administered a sobriety test. the days comes after autopsy results were released on his wife, whitney houston. jon: a pennsylvania church, shocking its members and the community with a controversial training program for missionaries. now police are investigating rick folbaum is live with this very strange story. >> reporter: for centuries, churches of all kinds have sent young people out into the world to do missionary work and there's almost always a program to train these kids on how best to spread their church's teachings, but for a group of kids in middle town, p.a., their training included being stormed by a team of kidnappers who pulled their chairs out from under them, ordered them to the ground, placed their hands behind their backs and threw them in a van. that's not all. they were driven to their pastor's house where they were forced to watch intruders attack him. none of this was real. it was all staged. part of a program to toughen them up, according to the pasting, john lonza. but these kids are young, 14 years old, and they had no idea it was fake and their parents had no idea it was even happening. now as you mentioned, the local d.a. is investigating what the church did after a complaint from the kids and at least one of the parents. the pastor said it was meant to show the kids what other missionaries had experienced out in the world, though he is apologizing for not telling parents ahead of time. back to you. jon: you can see why people are a little upset about that one. thanks rick. jenna: after this, we're going to go back to the supreme court and talk to senator cornyn, who is joining us. he was the attorney general of texas. he also served as a district judge and was inside the courts today. there he is. hello senator. we'll see you right after the commercial break. plus, the president says there's no quick fix for america's energy crisis. but is the administration doing enough to make sure americans have the oil they need now? we're going to take a closer look at that, coming up. jenna: this just in, the supreme court wrapping up day two of arts on the president's health care law, centering on the law's individual mandate. what happens if the court decides the government cannot require you to buy health insurance or face a fine? is there an alternative to the law? also, what's the plan if the supreme court green lights the overhaul? joining us now, texas senator john cornyn, inside the courtroom today and senator, nice to have you on the program. >> thanks jenna. jenna: as i mentioned before the commercial break, you have this extensive legal background. i know you've been critical of the health care law. i'd like to draw upon your legal expertise first, because you were inside this court on such an historic day. walking out now, what are your impressions of the way the arguments went? >> well, i thought they were well argued on both sides, but i thought justice kennedy asked one of the key questions, is doesn't this law fundamentally change the relationship between american citizens and the federal government. and the answer to that, i believe, is yes it does, in ways that are unconstitutional, and in ways that are unprecedented. and so that's why this case is so important. that's why it's been so many people focusing on it. but there are better ways to deal with this than passing this comprehensive government takeover of individual health care decisions. jenna: let me stop you there. the government, part of their argument is that health care is a national crisis, and that's why the federal government has to get involved, as it would, in other national crises. so do you believe that health care is a national crisis? >> well, i think it is a real problem for the number of people who don't have access to health care through affordable insurance, but unfortunately, this health care bill, omabacare, does nothing to make that situation better. in fact, it makes it worse. for people who the president said could keep their policy, if they liked it, that's not true, because employers are dropping their employees from coverage because prices are going up. the president said you'd be able to serve -- save for a family of four, $2500 on your health insurance. the fact is premiums have gone up in double digits just this last year. so the problem is this is not the solution to the problem that really exists out there, and that is affordable, accessible health care. it's a government takeover that comes with all the problems that you usually encounter when the federal government tries to take on more than it's really capable of doing. jenna: so in the ideal circumstance, let's say -- and it's your ideal here, if this rule or law is ruled unconstitutional, if that happens, then what's next? what's the plan? the democrats said today they're going to double down if that happens from the court. what's the republicans' plan? >> well, the problem is, the government is not necessarily the solution to this problem. in some ways, the government simply needs to get out of the way and let the markets work as they should. in other words, why can't people buy health insurance across state lines? why can't people buy a catastrophic policy and then save in a health savings account and make their own health care decisions? part of the problems with health care today is the incentives are all aligned to encourage spending, and not to encourage economizing or people to spend their money in the most intelligent sort of way, and it eliminates individual choice and freedom, which is the basic problem that i think the court is struggling with. gen jen one of the things we do see with health care is costs just keep going up and you say this is maybe something we need to leave to the free market and open up state lines so that people can shop across state lines further. explain to viewers how you think that will help control health care costs when over the last decades we've seen health care costs rise some suggest in an out of control way? >> the answer, jenna, is the medicare prescription drug plan that congress passed a few years ago, which has actually come in 40 percent cheaper than what congress originally projected because it offers consumers choices, it allows the marketplace to create competition where consumers benefit by lower prices and better quality service. that's the kind of discipline on price that the market provides that is completely missing in a government takeover. i think we ought to learn from that experience. jenna: so let me give you the difference, some say the law is ruled -- if the law is ruled as unconstitutional, what happens if the supreme court says you know what, this law is good to go, what's the plan then? >> well, the problem is costs are going to explode in 2014. as you know, this law has not been fully implemented yesterday. -- yet. there's going to be state-based insurance exchanges created in 2014 which mckenzie has said will encourage employers to drop employees from their employer-provided coverage, and i think once the dam breaks, costs will explode tremendously, so that was once on employer-provided fringe benefit is going to be a taxpayer subsidized insurance plan, and the costs are going to be simply unaffordable. jenna: can you do something at that point, though, can congress act, can lawmakers be better advocates, if you will, for some of those exploited costs? it seems like you're suggesting if this law goes through that it's game over. >> no. this law did nothing to deal with insurance costs. all this law did was try to guarantee universal coverage, and the fact of the matter is it didn't succeed in even doing that. so that's really one of the failed opportunities of omabacare, that it really didn't deal with the basic issue of affordability, of health insurance, and we know that is the principal reason why people are uninsured, and we can do much better and we will, given the opportunity. jenna: senator cornyn, notices to have you on such an important day, we look forward to having you again, sir. >> thanks jenna. jon: senator cornyn, of course, comes from texas where the oil business is big. president obama frequently tells us there is no silver bullet for solving the energy crisis in this country. he says strategies like increased drilling will take years to have a noticeable impact. that has many people worried if we don't put some kind of plan in place now, rapidly growing global demand will leave america without the fuel we need down the road. so are we doing enough? jim angle is live in washington with more on that. jim. >> reporter: hello jon. all over the world more and more people are moving into the middle class, that means more people are buying cars and using gasoline which means oil supplies will get tighter and tighter. >> china had a ten -- added 10 million cars in 2010. ten million cars, just in this one country. and they're just going to keep on going, which means they're going to use more and more oil. >> china was at 5 million barrels a day in 2005, today they're not ten, by 2015, they're going to be at 15 million barrels a day demand. that's 10 million new barrels over ten years. india is going from four to seven in the next 3-4 years. >> reporter: some say that means we need to drill more. the president however argues that's not the way to protect the u.s. instead he wants to wean the u.s. off of oil by turning to alternatives such as electric cars and the like. the problem is, most analysts say the transition to alternatives takes far longer than more drilling would. >> we have a capital stock of hundreds of millions of vehicles. so these types of transformations take decades and maybe even 50-60 years. >> reporter: now, though the president talks about drilling, official government figures show he's issuing far fewer permits than federal land than his predecessor. at the end of the bush years, 6-7000 permits per year were issued but under president obama the numbers have dropped significantly to a range of 4000 to almost 4500 a year. since it can take 7-10 years for a permit to turn into a producing well that means less oil coming off of federal lands in the years to come, even as global demand is rising, as you heard the president say. some say we know a crunch is coming so we should be drilling more now. otherwise, the result could be ugly. >> americans could find themselves in gasoline lines with gas rationing by 2015 or 2016 by us not producing more of our own oil. >> reporter: now jon, even with alternatives the energy department predicts that in 2035 we'll still be relying on oil for 83 percent of our transportation needs. jon. jon: all right. an interesting look at the future there. jim angle, thank you. jenna: did we mention that something was happening at the supreme court today? did you know about that? it is an historic day. the question becomes now that we've had the arguments, we've heard them from the courtroom, we'll get the audio from 245 -- that, which way are the judges leaning? judge napolitano on that. >> and food for thought, if you eat chocolate, you'll most likely be thinner than someone who doesn't. this is my kind of study! dr. manny explains, just ahead. when you have diabetes... your doctor will say get smart about your weight. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. 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[ male announcer ] every day we help students earn their bachelor's or master's degree for tomorrow's careers. this is your moment. let nothing stand in your way. devry university, proud to support the education of our u.s. olympic team. jon: fox news weather alert, severe thunderstorm threats approaching several states right now and some very dangerous winds and rain could be cosmght janice dean, live in the fox weather center with that. janice. >> reporter: we've got a little of everything, we've got winds, the potential for severe weather, snow in the higher elevations across the west. that's where all the systems are originating across the west, and we're seeing heavy rain and some heavier mountain snow as well. but this is a system or at least one of them that is going to produce the threat for severe weather across the great lakes, down through the ohio river valley. today, we don't have any warnings just yet or watches, but of course we'll keep you updated throughout the afternoon. here's our pair of systems and that cold front associated with it, gusts up to 60 miles per hour across the northern plains, and ahead of this system, that's where we're going to see the threat for severe weather as we have a lot of gulf moisture interacting with this pattern and the potential not only for isolated tornadoes but certainly large hail and damaging winds. so every area that you see here in yellow, just outside of chicago through champagne, quincy, just outside of kansas city, that's the area where we think we could have the greatest risk for severe weather. there are the current temperatures, cold again across the west, the great lakes in the northeast, we're seeing cooler than average temperatures, after weeks of warmer than average temperatures, but still seeing that warm air across the plains. that's one of the factors we're looking at in terms of severe weather later on this afternoon or at least one of the main ingredients that we need for the severe weather threat. back to you jon. jon: some of the temps look good but not when they come with those thunderstorms. >> reporter: absolutely not. we'll keep you posted, i promise. jon: please do, janice, thanks. jenna: officials say they have foiled a plot to launch a string of homicide bombings targeting the ministry of defense, they found 11 explosive vests inside that building and some suggest the terrorists -- if the terrorists used them they could have killed hundreds if not thousands of innocent people. conor powell is live in kabul, afghanistan with more >> reporter: jen yarks this plot had the potential to be a massive and catastrophic attack in kabul. afghan officials say they found 11 suicide vests inside the ministry of defense yesterday afternoon. inside the mip industry of defense, they had gone through several layers of security. afghan officials say they have arrested a dozen or so afghans in connection to this planned attack, including members of the afghan national army. now, it appears according to local reports here those suicide bombers and those vests were to be used on buses full of workers going in and out of the ministry of defense. it could have easily have killed several hundred if not a thousand or so people because those buses are packed full of 50-100 or so afghans going to the ministry of defense and the security issue is it was right next to the presidential palace, so we don't know if there could have been an attack on the presidential palace as well but as you can tell, this was a serious breach of security, and we've seen more and more of these breaches of security here in afghanistan in the past few months. just yesterday, three coalition troops were killed at the hands of afghan security forces, 2brits and one american -- two brits and one american were killed by an afghan soldier and afghan police officer. these are the type of attacks we're seeing in afghanistan and it calls into question how ready the afghan security forces are to take over security responsibility by the end of next year. all of these attacks that we've seen here at the hands of afghan soldiers and police officers on coalition troops really do raise that question, are they going to be ready to handle security responsibility by the end of next year, jenna. jenna: that is a big question. more on this story as we get it, conor, thank you. jon: two days down, one day to go a the highest court in the land deals with the heart of the health care law, whether the federal government has the power to require you to buy health care insurance or pay a fine. are the justices giving any signals on which way they might rule? let's ask fox senior judicial analyst judge andrew napolitano. judge, we haven't hard the audio yet from today's courtroom session. but the breakdown we're getting in print about the questions the justice has asked suggest that the court is kind of breaking down along the four liberal, four conservative line with justice anthony kennedy being the swing vote gleen and even though he was not in the courtroom and have not listened to the audio yet, i'm about to do so as you and i finish chatting, jon, it appears that justice kennedy did ask some of the most profound and stinging questions of the government, saying things like well how can the government create a market for the purpose of enabling it to regulate that market, and this is the profound question. he says to the slitter general, isn't it true that this law, if undisturbed, would profoundly change the relationship between the federal government and individual americans? that is the core of the objection of those of us who follow the constitution for a living have with this statute, is that it would change the relationship of the government to individuals without an amendment to the constitution, simply by a vote of congress. jon: well, one of the arguments apparently that proponents of the law have made is that if you are born into this country, you are going to need health care at some point, and therefore, it becomes a government matter. how do you address that? >> well, when justice ginsburg made an argument to that effect in the form of a question to one of the lawyers challenging the statute, the lawyer was paul clemente, former solicitor general, justice scalia actually jumped in before paul clemente could answer justice ginsburg's question and said you know, you could say that with just about anything. you could say it with automobiles. you could say it with transportation. you could say it with food. you could say it with clothing. yes, we all need these things, and yes, the fewer people that purchase them, the more it's going to cost for the rest of us. that doesn't give congress automatically the authority to regulate that area of human behavior. very, very telling, and exceedingly sharp questioning. and in the case of justice scalia and ginsburg, from one justice to the other, as opposed to from one justice to the lawyer. jon: you say that the commerce clause initially was brought into being in part to govern ferry fares between new jersey where you live and new york, where we're sitting right now. how does that get blown up into the kind of federal program we're looking at today in the health care law? >> one of the first major commerce cases had to do with the fare to get on a ferry from hoboke to new york and the supreme court said congress can regulate it. well, a couple of generations later congress decided to regulate the wages of workers whose products were put on to the ferries to get from new jersey to new york, and congress said under the commerce clause they can regulate it, and a few generations later congress decided to regulate the workplace in this those workers -- in which those workers worked, even if their products were not getting on the ferries, and the supreme court said congress can regulate that. so by a gradual, slow, over the course of 150 years addition to congress' power and the supreme court saying yes, we now have a congress that can regulate the strength of the flow of water in our showers and our homes, the thickness of the shoes on our feet, the amount of ketchup and sugar -- the regulations congress has imposed and the courts have permitted is almost endless, and it looks like maybe we've reached the end of that line with this legislation. jon: well, i suspect i now know how justice andrew napolitano would rule were he sitting on the supreme court! but how do you predict this court will rule? >> it's actually a dangerous -- it's dangerous to predict, having been on the bench, as you so nicely remind our viewers, sometimes you ask questions, and it doesn't reveal how you think, but i do believe that the court will invalidate the individual mandate by a 5-4 vote, justice kennedy siding with the more traditional conservative justices. it remains to be seen what they do with the rest of the statute. there are substantial challenges tomorrow, jon. tomorrow the court addresses whether the congress can tell the states what to do. the congress has told the states raise taxes and spend those new tax dollars as we're telling you to spend them. twenty-six states, obviously, more than half, have challenged that. the court will address it tomorrow. jon: going to be fascinating judge andrew napolitano, thank you for helping us to understand it. >> thank you for calling me justice! jon: could happen, we never know! >> thanks. jenna: almost buried alive, a man gets trapped in a mountain of mud. look at him! we're going to show you the amazing rescue, just ahead. plus, the truth about some of your favorite snacks. why popcorn may actually be good for you, and something else as well, that has something to do with jon's favorite snack during the show. dr. manny is here to tell us why we can enjoy life again! my name is robin. i'm a wife, i'm a mom... and chantix worked for me. it's a medication i could take and still smoke, while it built up in my system. 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[ male announcer ] get investing advice for your family at e-trade. jenna: advertisers are raising new concerns that these -- with these new high tech billboard, we're going to show them to you, they're called digital ad displays, using facial recognition technology, allowing companies to tailor ads to folks at malls and other public places, the same thing, in fact, that law enforcement uses to track specific individuals. how does this all sphwhork adam housley has more, live from los angeles today. hi adam. >> reporter: the first thing you see when you meet somebody, of course, is their face, it's what distinguishes all of us, the color of skin, the distance between your eyes, size of your ears, your chin, your gender. all that can be determined. in fact we first saw this ten years ago in a movie "minority report" with tom cruise. well now it is actually a reality and a number of companies are using it, adidas has tried it, kraft foods, the venetian in las vegas tried it for a short time. a handful of locations have tried it but they are using it. the possibilities with endless and while it is exciting some worry it's a way to get information from people without their knowledge and companies need to be really careful because info about you can be misused. >> i think it's really reaching people at the point of purchase and or a point of wait, where today they may be bored. in a retail setting if you have a digital sign that's hopefully giving them the right product information and helping them to answer questions, much like people do online today -- >> intel is one of the companies using it, they say it's keeping things anonymous so not getting your specific nail and that kind of thing but helps companies track. some are touting the possibilities of the technology, an app that uses facial technology to give demographics of a bar or restaurant down the street and these are already used in austin bars, as well as in chicago, it caters to food and drink specialists, it says the owners can measure the popularity of the dj and demographics of who that dj brings in. more than 8000 people have already downloaded this app. >> what's really cool about this information for the operators is now they have a way to measure the febilityiveness of their marketing and advertising. you can see how that dj did, you can see if the specials are working for you, if the trivia night is pulling in the demographic you want. >> reporter: so i can see this now, jenna, you walk into the store, you and jon are out there shopping like you guys do after work each day and you walk up, the it pops up shoes, jon, it pops up popcorn. jenna: that's all i needed, one more ad telling me to buy shoes! that's the last thing i need, adam. >> reporter: we all have a problem with shoes, don't we? jenna: spoken like a true professional, adam. thank you very much. fascinating story. jon what jenna has never purchased in her life is a chocolate bar. >> jon: that's a lie. jon: she stays in this kind of shape by refusing all those kind of -- >> jenna: or do i? jon: the question is, can chocolate make you thinner? a new study says yes, it can! dr. manny, let's rejoice in the details with him, next. jenna: more on chocolate in a moment! pass the popcorn first though. a new study says the popular snack may actually be as healthy for you as some fruits and vegetables. dr. manny alvarez is senior managing editor. come on! are you shaking your head no? these are university of scranton, pennsylvania researchers! >> listen, what it's saying is popcorn is not bad. it does contain some antioxidants and the antioxidant concentration is relatively high because popcorn is dry so based on volume you have antioxidants. however it has no water, it has no vitamins, and for the most part, most people cook the popcorn with a lot of butter, salt, a lot of oil. so bingo, is it the perfect snack? no! give me the fruit any time of the year! jenna: it can be hard to digest, so you don't necessarilygate the nutrients. here's what we're going to talk about. we're going to talk about chocolate. let's skip past the popcorn. we heard chocolate can be good for you, dark chocolate specifically dr. manny. there's a study that shows that eating chocolate, whatever type of chocolate, may actually keep you thinner than if you don't. >> well, i think that, no. in this study, they looked at 1000 people, looked at chocolate consumption on a regular basis, then what they found is once they excluded all the risk factors, people didn't gain weight, had more ideal bmi. what this is telling you is that chocolate is very good food for you. we know for a fact that the darker the chocolate and the less sugar it contains and the less milk it contains, it's the better for you. and what it's tell you is something on the chocolate, chemistry, that is really sort of monitoring how we consume sugar, and one factor that i'm very interested in is that it helps with developing lean muscle mass. and this is something that in my opinion, this could be -- >> jenna: a great study! i'm mesmerized by this information! go ahead. >> but still, we're looking for superfoods, chocolate, we know for sure is one of them, onions, number two, and i'm still -- >> jenna: chocolate, onions, i'm not sure. the researchers say those that ate more chocolate actually aid more calories every day but they were thinner because they say it points out it's not just about calorie count, it's about what the calories are. >> and how the calories get consumed. that's the whole chemistry, the physiology. listen, the whole physiology is trying to identify, how do we really utilize those calories and therefore if you utilize them with the antioxidant effects of chocolate and whatever else they can find, ultimately that's how you want to see how you kind of keep your lean body muscle building, and getting rid of the fat, which i think chocolate is showing that it can be quite effective in doing. dark chocolate. not just the run of the mill, little chocolate box that i give you every friday night! jenna: chocolates, popcorn for everybody. that's what we're saying with this segment. hold the butter, hold the salt, hold the oil. we'll keep it there. >> can you have popcorn without that? i don't think so! jenna: doc, thank you very much for that. we'll be right back with more of "happening now". ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me! [ female announcer ] live the regular life. phillips'. jon: we love it when our viewers help us bring the news to you. we have been reporting on that deadly wildfire in denver. this was sent to us by gregory brill, shows the view of the fires from the highland ranch development in colorado on the south side of denver. if you'd like to share images you can get them to us by logging onto foxnews.com/ureport or by clicking and the link on our fox news page. there are lots of things you can get involved in from healt

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