the four democratic members were all clearly hostile to the defense of marriage act. where were they going to get the fifth vote. anthony kennedy is the only likely possibility. but repeatedly today he expressed what appeared to be his view that the defense of marriage act violated states rights. he did not talk about, that it violated the rights of gay people. he said that it violates the states ability to regulate and create the laws of marriage. and he said it over and over again. and that is a winning argument for the defense of marriage act critics of edith windsor and company. john roberts was critical of how president obama is handling dome ma. they re not defending the law in court, it s still enforcing it. here s what the chief justice said, i want to play that. ien do the see why he doesn t have the courage of his
the swearing in is official. this will be the second president in history who has been sworn in four times. martha: this is true. bill: fdr was the first until barack obama. and you wonder how could that happen? well four years ago chief justice john roberts screwed it up, and to uphold the constitution he made a second trip to the white house. martha: we all know the perils of adlibbing, this time he has the paper. bill: the festivities are reserved today which is also martin luther king day. the irony that chief roberts will administer the oath yet again today who was the critical vote on the key piece of legislation on the healthcare law that was passed in 2010. martha: that is it for us. we will have continuing coverage of all of today s events, of course and the inauguration with bret baier, and megyn kelly starting right now. bill: our entire crew here in washington d.c., it will be a day of history and we invite you
couldn t see any space. thk you can see some of the grass areas, but that is a lot of people, even as you look at that. just to get a glimpse of that, that is hundreds of thousands of people right there. megyn: four years ago it was so overwhelming that they there s chief justice john roberts who administered the oath to the president formally there. of course there is the first lady, she will be coming in separately from the president who will stand back for a bit until he makes his official entrance. the chief justice administered the oto figures alley to president obama yesterday inside the white house in the blue room r it went off without a hitch, unlike four years ago when he botched it. there is justice sonia sotomayor. and justice kagan behind justice sonia sotomayor.
temperaturesments mid 90 s in colorado springs, terrible news for my friends there. folks in d.c. trying to deal with the weather and the power outages, but many on capitol hill trying to figure out how to sort out the health care ruling and how to play it in the weeks and months ahead. it s not yet clear, the democrats don t want to refer to this thing, and they don t want this to be seen as a tax increase. so keep going back on back and back, two little three letter words, tax and how long are we going to have this debate go on. the white house saying it s not a tax. first a penalty, now a be tax, and now it s pack to a pent. mike: it s because chief roberts used both words in his opinion so people are confused i guess. everyone has a different opinion, republican i should say democrat helped to write the health care bill, he says it s not a tax, it s a
that s still a very strong argument. plus one of the other things that the supreme court said if you re just getting up today is the fact that that so-called penalty or fee if you didn t buy insurance is actually a tax. and when that goes into effect, that means president obama will be breaking a 2008 campaign promise, he said no taxes on the middle class. it would be a jigigantic tax on the middle class. another huge headline being lost in this ruling is the four conservative justices would have thrown out all of obamacareing today. four would have said bye-bye to the whole thing, not just the mandate but all of obamacare, that makes chief roberts decision all that more compelling. justice scalia was crushed yesterday. he looked really angry and discontent. i have to get you some e-mails now. lewis from florida says so much for being able to keep my insurance. my employer notified us that we ll have to get insurance through the affordable care act now that we have to take this