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
look, sally just admitted it. this president wants a political strategy to go after the court. bill, he welcomes this. they want this type of fight. remember, we ve seen presidents do this before with fdr and his signature piece of legislation. the supremes rule ad lot of pieces of thatness constitutional. the court was made up much like it is now. he put forth his court packing scheme. guess what it worked. i m not sure obama would do something similar saying justices should retire at age 70 like fdr did. bill: we went back. the last real significant nationally recognized case by the supreme court, bush v. gore. we found no evidence that bill clinton, in that november-december, battle re-election count where he suggested politics on the court or suggested judicial activism. he said we haven t found it. bill clinton, to be clear he was lame
were certainly in pain but their humor was rising, their spirits rose, and throughout the time that we had them on board and until we got them in port. i hope that they ll be fine. and they were able to walk off the ship and we took them right to medical care. bill: i tell you what, they may not be here without you guys. job well done to you and your crew. thank you for sharing. thank you very much. bill thomas crabbs with us out of san francisco. martha: so if the supreme court throws out the individual mandate on health care what happens to the cause of free the clause of free contraception. that is coming up on because you asked, bill hemmer. bill: thank you martha maccallum, new jersey! have you seen this, the tow truck driving up a snowy road? perhaps you might want to choose a different day to go up that road. there is the driver in the front tow truck, and wait until you see what happened on the other side of that ravine.
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