specific or credible threat to new york, however, they re looking into that. bill: there is a new warning from president obama directed at unelected supreme court justices who are now considering his health care law, whether or not it is constitutional. here is his comment yesterday. i just remind conservative commentators for years what we we heard the biggest problem on the bench is judicial activism or a lack of judicial restraint. that, an unelected group of people would somehow overturn a duly constituted and passed law. well, this is a good example and i m pretty confident that this, this court will recognize that and not take that step. bill: andrea tanteros, daily news columnist, co-host of the five , fox news channel. sally cone, fox news
people would somehow overturn a duly stud and past law. martha: well, that has all kinds of legal scholars talking about that statement this morning, and shannon bream joins me live in washington with some of the reaction that has been sparked by the president s comments yesterday . coming from the campaign trail, here s mitt romney. they will opine as to whether omabacare violates the constitution. i believe it does. that will not be an activist court, that will be a court following the constitution which is precisely what it was designed to do.
immigration law. he is alabama s attorney general. good morning, mr. strange. good to have you with us today. good morning. martha: so you have been, you talked about it here, this very tough immigration law that exists in alabama. tell us why, how is the question of this ending up at the united nations? well, martha, that is a very good question. i think it is really all about labor politics. the united nations has no jurisdiction over the state of alabama or the united states for that matter. alabama is a right-to-work state and intercompanies that have come here over the year mercedes, hyundai, are nonunion. this is opportunity for unions to make their case which has been rejected uniformly here in alabama. that is one of the reasons people come to alabama because they like the labor climate and the business climate here. martha: yeah. it s interesting because law, the alabama law, prevents people from knowingly transporting undocumented immigrants and it also
country needs health care reform. that in fact a major part of our economy especially when people who do not have insurance have to off-load the costs on to taxpayers. we end up paying for the care of people of people who don t have insurance. bill: understood. that is not a question of constitution. well it is about the commerce clause and right . bill: if this law goes down it is all politics. i think what he is setting up and i think it is a smart move, he is setting up a challenge around his campaign, not only about the supreme court but about congress as well in setting up the logjam that is part partisan conservative ideology in washington puts ideology ahead of innovation and puts politics ahead of progress and the people. bill: what about that, andrea. he speaks to the middle. country too. one the fact that progress serves have not been fully supportive of the constitution, look at any of theoretical writings. they think it is archaic. a lot of liberals think it should
bill: bya, because you asked this morning, maggie out of houston writes the following, if the supreme court kicks out the mandate does that stop president obama s free contraception? doug holtz-eaken, president of the american action forum was in court for all three days of arguments last week and with us now. doug, good morning to you. by hill. bill: the viewer s question, it has to be tweaked a little because it deals with the executive order that came out of the white house. what happens if the mandate is out? well, there are a couple of scenarios. the courts spent a lot of wednesday talking about severability. if the individual mandate goes, what else goes with it. one possibility is it s only the mandate in which case the remainder of the law stands and the president s executive order stands. another possibility, what the government wanted to have happen is the mandate goes along with other insurance reforms, but that would leave in place the so called essential benefits in th