suggests the former pennsylvania senator lacks the temperament to be president. the landmark debate unfolding at the supreme court on this question. did congress over step its authority when it passed the obama administration plan that man dates you to buy health insurance? this morning the supreme court opened three days of oral arguments on whether the president's healthcare law is unconstitutional. even though cameras aren't allowed in the court inside, there were rare audio recordings and show the chief justice focusing on the key question, can the government force to you buy insurance and fine you if you don't? >> the idea is that the mandate is something separate on whether you want to call it a penalty or tax just doesn't seem to make much sense. >> it is entirely separate and let me explain to you why. >> it is a command. the mandate is a command. >> senior legal analyst jeff tubin was in the courtroom and he is here live. what is especially what happened today. >> something really significant happened today. there was a possibility going into this hearing that the court could kick the can down the road, say this whole issue is premature, the law doesn't go into effect until 2014. what we saw was the eight justice who asked questions, clarence thomas was silent as usual and the eight justice more or less agreed you could tell this case was not premature, that it was appropriate to decide the case and tomorrow they will address the question of the merits, is it the law constitutional? >> and obviously it is a huge case of import for the constitution, the power of congress, the presidency, the political system, and you cover the court better than anybody. no routine case makes it, but do they understand and how is it different when you get a case like this? this is the super bowl, the world series. >> think of this. 99 out of 100 cases are given one hour. bush v gore was given one hour. this case is being given six hours. the justices are not pretending this is just another case. they recognize the enormous stakes involved. >> and any sense from what you heard today, obviously they're all interested. obviously you think they want this case and any sense of where they are sf. >> i really don't think so. you can tease out certain things and since tomorrow all they're going to do for two hours is talk about the mandate, we will know a great deal more. one thing about this court is they don't play devil's advocate. what you see is what you get. the questions they ask almost invariably reflect their true feelings, so after the hearing tomorrow we should know a great deal more about whether this law is going to be upheld. >> right back here tomorrow and we'll go through it. what do you think the high court should do? our our brand new cnn poll, only 23% of americans say leave the law just as it is. 30% of americans want it over turned in its entirety. 43% say some provisions should be struck down. 47% of americans favor an mandatory health insurance, but 51% oppose that, and i guess no surprise here, the partisan divide is stunning, 68% of democrats approve the law and only 10% of republicans do. you can count the republican presidential candidates among the law's fiercest opponents. it is a power grab by the federal government. it violates the tenth amendment. it violates the economic principles of economic freedom in this country. it is wrong. it needs to be re peeled. >> it is going to destroy the economy of this country, raise unemployment rates and bloom the size of the government and dramatically increase our deficit. this is a loser on every single front. >> more of what the presidential candidates told my colleague today and let's shift overseas for a moment to a highly embarrassing moment for president obama. in south korea for a summit on stops the threat of nuclear weapons. president of the overheard asking the russian president for space on a thorny issue in u.s. russian relations, nato's plans to deploy a missile defense system in europe. >> brianna, what happened here? >> john, this happened as reporters were being let into the room as president obama and the president were finishing up a meeting. they did not have microphones on but directional microphones are good these days and this conversation was caught some of it on camera and president obama caught on an audio recording that was heard by the press pool saying that he needed space. white house officials are downplaying this saying this is an acknowledgment of what everyone knows that there are election year politics in play with a lot of decisions and the fact is when there is a hot mic and a president is caught saying something, it makes news. it made news before. we know as we're here at the summit people look at what's going on at the summit and really want to know what's going on on the sidelines and it is rare we're able to see an unscripted moment like this, john. >> it is rare, and any politician including this president that had this happen before should know better. he is saying back off, don't pressure me until after the election and if i win, you will probably get a better deal. needless to say, the republicans jumped all over this, right? >> they are. they're extrapalating from this. the point republicans are making if president obama has flexibility after the election on this issue of missile defense, what other issues might he have flexibility on and we have been seeing, for instance, mitt romney react to this and he also tweeted about it saying "fill in the blank, barack obama. i am have more flexibility to blank after the election". that's interesting because the obama campaign sees one of mitt romney's liabilities is as they painted him being a flip-flopper, so you see the romney campaign turning that criticism back at president obama. speaker boehner's spokesperson saying, the state department, i need space until after the election on this keystone thing. after my election i have more flexibility. there in that case you see a republican trying to tie this to another issue which is the president's january decision to below being that oil pipeline that's become a bit of a political liability as gas prices have risen so high, john. >> traveling with the president, another reminder the microphone is always open. thank you so much. also today the president gave a speech warning the north decree ans that provocation to pursuit of nuclear weapons under mind their quest for security. and hours after the north korea an. back here in the united states new details about the fatal shooting of that florida teenager, trayvon martin. leaked information from the sanford florida police and published in the orlando sentinel newspaper revealed martin had been suspended from school for suspected marijuana use. martin's parents are furious. >> the only comment that i have right now is that they have killed my son and now they're trying to kill his reputation. >> leaked information also paint martin as the aggressor in the on fron tags and zimmerman the neighborhood watch volunteer that shot him and also more on zimmerman's friends now coming to his defense. >> this was not a racial incident. this was an incident where someone who was just trying to do the right thing ended up in a very, very bad position. >> david mattingly reporting on this case extensively is in florida. the city confirmed they passed information onto the state attorney's office that trayvon martin initiated the violent encounter and punching zimmerman in the nose, knocking him down, slamming his head on the sidewalk. how are trayvon martin's supporters reacting to that? >> they're taking their cues from the family, the family very much strongly objects to that information coming out that we learned today that it was leaked by the police department. it was not an authorized press release, information that should not have gone out and the city itself saying they will launch an investigation to find out where it came from and if they find the person that did it, that person could be losing their job. everyone very serious here about trying to close the leaks. that information is now out. the family believes that it is part of an attempt to recast their son as the aggressor in this case and object to that very strongly saying that it is a character assassination and they go onto say that they believe that it is irrelevant right now as well as erroneous and based on the phone call that trayvon was engaged in with a girlfriend at the time that he had his encounter and they say if you listen to the phone call and look at the records, the time lapse records of the 911 calls, it doesn't seem to match up with what the police are saying. >> and, david, what more do we know about the details of the school suspension? >> the details have been known to the family the entire time. they say they didn't come public with that and we knew that he was suspended and there was a court report early on it was because of excessive tardiness, and the family said they knew that wasn't the case and they knew that all along why he was suspended, but at this point they said they felt like that was really irrelevant to what happened. it had nothing to do with the confrontation that took place that night or they say why george zimmerman decided to get out of his car and pursue trayvon that night that he was killed. >> and explain to us what's going on behind you there. >> this is the big overflow crowd that could not get into the civic center tonight for the open mic that's been set up for city officials to hear what people have to say about this case and believe me, they have been getting an emotional earful from representative after representative, people standing up to talk about how emotionally charged this case is and why. this is a city park behind me and this is the overflow crowd, the hundreds that could not be there. the arena only accommodates 500 people and everyone else had to come out here. i can't begin to tell you how many there are in the crowd. it looks like a sea of people going across the block here. there are huge jumbo trons set up and everybody watching every single word being said, and applauding quite frequently as people make their points to the city commissioners here. >> pictures, especially overwhelming. we'll get back to david as news develops more. according to new reports a u.s. army soldier sneaked off the base twice during the massacre of civilians in afghanistan and we'll ask his attorney about that later. jan brewer has taken no steps towards implementing the president's healthcare reform plan. talk to her about that after the break. what's this? [ male announcer ] quaker oatmeal squares have 46 grams of whole grains... mmmm. ...and a touch of sweetness. you'll be delighted to discover how good they taste. i worked at the colorado springs mail processing plant for 22 years. we processed on a given day about a million pieces of mail. checks, newspapers, bills. a lot of people get their medications only through the mail. small businesses depend on this processing plant. they want to shut down 3000 post offices, cut 100,000 jobs. they're gonna be putting people out of work everywhere. the american people depend on the postal service. they're gonna be putting people out of work everywhere. weso to save money, services can get kind of expensive. i've found a new way to get my profile out there. check me out. everybody says i've got a friendly disposition and they love my spinach dip. five foot ten... still doing a little exploring. but... my sign is sagittarius, i'm into spanish cheese, my hairline is receding but i'm getting a weave. getting a weave. there's an easier way to save. who wants some ronald tonight!? who wants some ronald tonight!? geico. fifteen minutes could save you 15% or more. pay attention inside and outside the supreme court has the high court considers whether the government can order citizens to have health insurance. on the other side of the country the arizona governor is the only governor not to take legislative action towards implementing the affordable air act also known as obama care. she is part of a lawsuit challenging the roolg. governor brewer joins us from arizona. i know you oppose this and say it is unconstitutional but you haven't taken any steps to be ready to implement it. if the high court says it is fine, it can stay in place, won't you be caught flat footed? >> that's not entirely correct, john. i have taken steps here in arizona because i felt it was the right thing to do, want knowing exactly what the supreme court is going to do, but i started down the path and we are starting to implement the health exchanges, and we will be ready to set it up and move forward so we don't put arizona at risk of losing millions of dollars from the federal government in case they do win. if they lose, i can just shut it right down, so i have tried to do the best on both sides of this issue, but i believe that we're going to win this case. i believe it is totally upconstitutional and it is absolutely unaffordable and unaffordable for arizona for sure, and it is unaffordable for america. >> if you can in your words shut it down, what do you tell the estimated just shy of 60,000 young adults in arizona notal louds to stay on their parents health coverage because the law moves it up to 26 or the 1,700 plus that had preexisting conditions and couldn't get it a year ago and can now. what do you tell them if you win? >> first and foremost, i understand the polite. we have all been at some time may be maybe in that situation. the bottom line is i don't believe that the federal government, and that is at issue, and i think states and states ought to have rights and those are issues that we can determine and that we can solve on a state level. government just simply can't do everything for everyone. under the existing circumstances, i understand there are situations where people indeed need care and need services, but i believe in america that the majority of those people are getting those services under a situations and circumstances that are afforded to them by their healthcare providers and their state government. we need the federal government to understand and in regards to this lawsuit that it is going to have long time going forward implications on our country, on liberty, and on freedom, and it is just not about healthcare. it is about states rights and mandating. >> to that point, you have endorsed mitt romney for the republican presidential nomination. it is a big constitutional question for the court and a fierce debate in the politics. senator santorum who still thinks he has a shot at getting the nomination says if republicans nominate governor romney it will be a disaster. let's listen. >> he is the worst candidate to go against barack obama on the most important issue of the day. it is what i said yesterday and said in every single speech throughout the course of this campaign. >> would governor romney on this healthcare issue not worst thing the republican party could do? >> i don't believe so. i wouldn't have endorsed him. i think he has the support of good conservative republicans throughout america. i think that governor romney wants the opportunity to go to the drawing board and if a solution is needed that he wants to work with all of us to get it solved. i think he wants to work with governors and state government and wants to do what's right for the people of arizona and he is a big proponent of state's rights and a big proponent of freedom and that's what counts. >> store santorum losing his temper on the campaign trail. we'll play the sound and get our opinion from the truth panel. >> james cameron dives 30,000 feet under water. we'll tell you what he was doing. 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[ male announcer ] don't miss red lobster's lobsterfest. the only time of year you can savor 12 exciting lobster entrees, like lobster lover's dream i'm laura mclennan and i sea food differently. welcome back. here is kate baldwin with the latest news right now. >> good evening, everybody. members of afghanistan's security forces killed three nato troops today in one incident an african soldier killed a pair of british troops and a second shooting involving an afghan policeman claimed the life of nato forces. castro welcomed pope ben dukt to cuba today. declaring him the second left an indelable mark on the soul of all cubans. he will spend three days in cuba and the first mass is starting now. james cameron is safe and sound after his historic ride to the deepest known spot in the pacific ocean. it is amazing. the only other time a sub got that deep was in 1960. he describe it is as a soft plain that is almost featureless. videos will be released later. sorry, i wish i could write that. get ready to hear a lot about a 17-year-old opera singer. he just wowed the judges on britain's got talent, the same show that turned susan boyle into a star. >> ♪ ♪ ♪ >> difficult to please show host simon cowell called him astounding and compared him to pavarotti. >> he has the simon vote. he is in. >> i think he is in. that was amazing. >> coming soon to? >> the verizon center? >> bigger than that. >> i don't know. verizon center is here in d.c., everyone. >> all right. we'll see kate in a little bit. she was at the supreme court all day. >> when we come back, three presidential candidates speak to cnn. and you will hear from all of them. new developments in the case of the u.s. soldier charged with 17 charges of murder in afghanistan and what the pentagon now says he did and you will hear from his wife. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses. ♪ when your chain of supply goes from here to shanghai, that's logistics. ♪ ♪ chips from here, boards from there track it all through the air, that's logistics. ♪ ♪ clearing customs like that hurry up no time flat that's logistics. ♪ ♪ all new technology ups brings to me, that's logistics. ♪ the world needs more energy. where's it going to come from? ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projects in the world. enough power for a city the size of singapore for 50 years. what's it going to do to the planet? natural gas is the cleanest conventional fuel there is. we've got to be smart about this. it's a smart way to go. ♪ home protector plus from liberty mutual insurance, where the cost to both repair your home and replace what's inside are covered. to learn more, visit us today. will be giving away passafree copies of the alcoholism & addiction cure. to get yours, go to ssagesmalibubook.com. in this half hour the attorney who represents the u.s. soldier accused in the massacre in afghanistan, did his client go off base, shoot afghan civilians and return to base and leave and shoot more? what was behind rick santorum's angry outburst after a reporter question? a disturbing