that matters. >> it's popular music, i wouldn't know. >> you stick in the mud. we have no idea who that is but we support them anyway. i'm feeling very kumbaya this morning. john fugelsang, political comedian and will cain is back, a columnist at theblaze.com and kelly goth, contributing editor for loop21.com and wrote a great moment. >> "the gq candidate." my goodness you just made my publisher a happy camper. if you like political novels it's a fun one. >> i do. our starting point focuses on the supreme court, the centerpiece of obama's health care overhaul is on trial before the u.s. supreme court t will happen in about three hours and going to focus on the question, can government force people to buy something they don't want? it goes back to the commerce clause in the constitution created in 1787, the congress shall have the power to regulate commerce with foreign nations and among the several states and with the indian tribes. supporters of the individual mandate say making people buy insurance is constitutional, because it falls under that commerce clause. opponents say no, you cannot regulation inaction and a decision to not buy health insurance doesn't count as commerce. supporters' answer to that, all of the uninsured people create roughly $43 billion a year in unpaid medical bills and that impacts commerce. we've got jeff toobin joining us from the supreme court, cnn's senior legal analyst. jeff, let's talk about how yesterday went and what we can expect for today. >> reporter: soledad it is so exciting here i can't stand this. >> you love this. >> reporter: this is like nerd heaven. you know you see mibehind me so of the justices have their lights on at this hour, people getting in early. yesterday was the appetizer. the only issue was really procedural. it was, is this case premature at this time, because most or much of the affordable care act doesn't go into effect until 2015 and the question was should the justices put off this case until it's fully in effect? the justices seemed united that in fact the case is not premature, it's time to decide it now and today is the day they're going to talk about whether the central aspect of this case is constitutional. >> and that's the central thing something the individual mandate and everybody's focused on the commerce clause. you've never seen so many people looking into what the commerce clause is all about. >> getting out the pocket constitutions is a beautiful thing. >> i gave a sort of rough draft of exactly the details of the commerce clause. where do you think the bigest clash will come as they argue this case? >> reporter: i think the question is, is the law going to change or stay the same as it's been for the last 70 years. since the new deal and fdr, it's a commerce clause defined by the supreme court very broadly. remember we have medicare and medicaid. health care is one-seventh of the national economy. for decades the supreme court has said if it's related to economic matters intrastate, interstate, the federal government can regulate it. we live in a more conservative country than we used to and have a more conservative supreme court than we used to. they may say this is too far. this is simply too much of a regulatory hand on individuals, but if they say that, they will be changing the law. there is very little doubt about it. >> will cain is begging to disagree. >> no, jeff knows very well what i think. >> go ahead. >> the arguments we will hear today will not necessarily be perhaps a change of those constitution over the last 80 years. this is a distinctive case and different and jeff will hear that but an argument over whether or not activity or knack activity are a continuation are what we've seen over the last 80 years or a completely new and distinct situation for the court to consider. >> to the panel, do we as americans sit around and discuss, we're really talking about a clause that's 1780-something. do you think people at home are watching this as closely as someone like jeff toobin who is a constitutional scholar? >> not as closely as jeff. >> 45 million unshoornd americans care a lot about this. >> are all eyes on the supreme court for them? >> they should finance they're civic minded because it pertains to them and their future. the most interesting debate is the liberals and mandates. liberals hate it just as much as conservatives do. i know a lot of liberals who wouldn't mind seeing this case fail so that a public option or simple one-page executive order opening up medicare at all could be implemented? >> kelly? >> i'm going to disagree with my new friend john in practice, if not in principle. i'm afraid that health care reform has become the skinny jeans of this year in a sort of yesterday's news. it was trendy and popular to talk about in the heat of the moment shortly after president obama got elected and people in the thick of the fight. the real sit people are focused on the economy, even though that issue is directly connected, it's really hard for americans who aren't doing what we do and watch the super bowl, like jeff is, to bring it back. >> reporter: here i am the pathetic loser caring about the constitution and 1787 and -- >> not at all, no. >> reporter: so yesterday. >> fascinating argument. >> reporter: skinny jeans, go ahead. >> i'm not watching it like the super bowl but i am interested in your perspective on it truly. is there any indication from what you heard yesterday that will give you insight on how the justices could rule today. the protesters behind you, are they for, against, what are they saying? >> reporter: in terms of yesterday not really. they were focused on this obscure, frankly, even to me, procedural issue. as for the protesters, you know, i mean this is a country of over 300 million people. there are about 50 people here protesting. i mean, they're sort of -- >> what side of the issue? >> reporter: i would say approximately even although slight advantage to people who are in favor of health care reform, and it's important to remember, this is the supreme court. every single day there are anti-abortion protesters about a dozen here, and so they'll be here as well even though it's not their case on trial today. >> jeff toobin we'll continue to check in with jeff this morning. thanks. >> reporter: we'll be here. >> i bet you will, as zoraida sambolin has a look at the other headlines. >> hi, soledad. thank you. trayvon martin's parents take their case to capitol hill today, attending a house judiciary committee hearing on racial profiling and hate crimes in response to the killing of their son by a neighborhood watch captain. protesters will march to the white house demanding for an investigation. a leaked police report suggests martin attacked and beat zimmerman, smashing his head to the ground, and that zimmerman fired in self-defense. trayvon's mother is reportedly trying to trademark the phrases "justice for trayvon" and "i am trayvon." those phrases have become rally cries. an attorney says it's not intended to make a profit. joe oliver joins soledad, following john timoney and angela corey. join cnn for our town hall, beyond trayvon, race and justice in america, soledad host this is thursday, and you can catch the special when it airs on cnn this friday night at 8:00 and 10:00 p.m. eastern time. a new orleans police officer has been suspended without pay for remarks he posted online about trayvon martin. officer jason girard wrote on the website of wwl "act like a thug, die like one." the new orleans police superintendent called the comments insensitive, harmful and insensitive, and added "to say i'm angry is an understatement." the beating death of a southern iraqi woman in her home is being investigated by a possible hate crime. a note warned the family to go back to iraq and referred to them as terrorists. shaima al awaadi, 32-year-old mother of five died of a severe head injury saturday, after she was taken off life support. the council on american islamic relations says her body will be flown to iraq for funeral and burial. looks like it's open season on president obama after his open mike moment with russian president dmitry medvedev. they were discussing nato's plans for a missile defense system in europe when president obama asked medvedev not to force the issue before the november election. >> this is my last election. after my election i have more flexibility. >> i understand you. i transmit this information to vladimir and stand with you. >> the president tried to make light of the open mike moment. the next morning he jokingly covered up the microphone before shaking medvedev's hands but his rivals are not amused. >> russia continues to support syria, supports iran, has fought us with the crippling sanctions we wanted to have the world put in place against iran. russia is not a friendly character on the world stage and for this president to look for greater flexibility where he doesn't have to answer to the american people in his relations with russia is very, very troubling. >> romney is accusing the president of pulling his punches with the american people. the white house says romney is distorting the president's words. minding your business now, u.s. stock futures trading pretty flat up slightly ahead of the opening bell, riding yesterday's rally off positive but cautious comments from federal reserve chief brn brn about the economy. the markets rallied strong in the s&p 500, a better indicator for their stocks and 401(k) is at a four-year high right now, back to pre-recession levels. so listen to this, eat chocolate to be skinny. a new study of more than 1,000 healthy men and women found that people who ate chocolate five times a week had a lower body mass index than those who did not eat it regularly. everyone exercised three times a week and ate a balanced nutritious diet. the body mass index say measure of body fat based on height and weight. >> go back to the line, everybody worked out and ate a nutritious diet, yeah. >> chocolate makes you skinny. >> uh-huh, okay. thanks, z, appreciate it. >> you're welcome. still ahead on "starting point," rick santorum is trying to put mitt romney's health care plan from massachusetts on trial along with the federal one. we'll ask a quee rokey romney supporter, representative chaffetz, what governor romney thinks of this. first he was accused of rape and being charged with aggravating pimping, no trouble for the man once in charge of the world's money. and one of the biggest actors of our time and one of the biggest blockbusters in history, donald sutherland talks "the hunger games" with me. check out our live blog cnn.com/startingpoint. kelly's playlist plays us off, larue "bulletproof." i bathed it in miracles. director: [ sighs ] cut! sorry to interrupt. when's the show? well, if we don't find an audience, all we'll ever do is rehearse. maybe you should try every door direct mail. just select the zip codes where you want your message to be seen, print it yourself, or we'll help you find a local partner and you find the customers that matter most. brilliant. clifton, show us overjoyed. no, too much. jennessa. ah! a round of applause. [ applause ] [ male announcer ] go online to reach every home, every address, every time with every door direct mail. do about medicare and social security... security. that's what matters to me... me? i've been paying in all these years... years washington's been talking at us, but they never really listen... listen...it's not just some line item on a budget; it's what i'll have to live on... i live on branson street, and i have something to say... [ male announcer ] aarp is bringing the conversation on medicare and social security out from behind closed doors in washington. because you've earned a say. ♪ in touch with the ground, i'm on the hunt i'm after you ♪ ♪ i smell like i sound, i'm lost in a crowd ♪ interesting looking at the the supreme court listening to duran duran. >> i love we're in and out of the breaks with the clip. >> i just think duran duran is a juxtaposition although i had a huge crush on simon lebon. >> i bet it's on scalia's playlist. >> he's got spandel ballet. >> that too. >> the justices weigh in on one of the most anticipated cases of the generation, the republican presidential candidates are trading blows over that same topic as well. rick santorum joined the protesters outside the court yesterday and continued his assault on the front-runner, mitt romney. >> he's not here. he's not making the argument in his race. all he says was i'll repeal obama care and in the same breath he defends obama care at the state level. it just doesn't wash and it won't wash in the general election. >> well, primary voters may not agree it's not washing. the former massachusetts governor is leading the race with 569 delegates and a number of top republican lawmakers are urging the party to uneat behind mitt romney for the nomination. one man who has already voiced his support for mitt romney is republican congressman from utah jason chaffetz. i hear it's your birthday, happy birthday to you as well. >> thank you. that was yesterday, yep, half way to 90. ouch. >> don't say ouch. i'm older than you. moving on, let's start with senator santorum who to my knowledge seems to be having a rough week. first comments about governor romney and found himself yelling at a "new york times" reporter and said maybe i would be governor romney's running mate. here's kind of how it went down. >> he is the worst republican in the country to put up against barack obama. why would wisconsin want to vote for someone like that? quit distorting my words. if i see it, it's bull [ bleep ]. come on, man. what are you doing? >> if he for some reason asks to you be the vice presidential candidate on his ticket, would you even consider it in. >> of course, my en, look, i would do in this race as i always say this is the most important race in our country's history, so i'm going to do everything i can. i'm doing everything i can. >> he's going to do everything he can. is this just a long slog and campaigning are gruelling and at some point everybody's nerves start fraying a little bit or what? >> he's coming unhinged. when you start swearing on camera is shows a lack of discipline there. he's frustrated. we understand that. i think mitt romney is well on his way to becoming not only the nominee but the next president of the united states as people focus on the economy and really have a referendum on what barack obama has done. so rick santorum is trying hard, but look, mitt romney has more than 1 million popular votes than rick santorum, got more than double the delegates. there's no way rick santorum is getting more than 70% of the remaining delegates. it's time for this party to coalesce and rally behind mitt romney. >> is it not correct sir, and good morning, that senator santorum was correct "the new york times" reporter did distort what he said. he said romney was the worst candidate on this single issue of the affordable care act. santorum makes a good point it's a wedge issue with no wedge much like the an tire war john kerry who had voted for the war. that was really what he was responding to. does senator santorum not have a fair point in the argument? >> part of the point is the fact that he became unhinged and started swearing at the reporter. presidents go back and forth with the media every day. there's a right way to do it and a way that changes the story and gets you off message and if you think it's tough now, wait until somebody is running against barack obama. mitt romney has been crystal clear about repealing obama care and giving every state a waiver. remember nancy pelosi said we have to pass this bill in order to find out what's in it. still people don't understand what's in this. mitt romney has a great record and crystal clear and the idea we should repeal obama care if the justice is don't take care that and offer something else. >> the dragged out race he thinks is problematic, not a good thing, hurting the party. here's what lenny curry said. >> some suggested this isn't hurting us because hillary clinton and barack obama drug their election out to june. the difference is there was no incumbent then. we have an incumbent president now that's raising money and sitting on money which puts him in a powerful position. >> what do you think about that? agree? disagree? >> i think it has made the candidates stronger but sooner rather than later we got to coalesce. i'd love nothing more than for rick santorum to read the writing on the wall, do what's best for party and what's best for republicans and this country rather than what's best for rick santorum. that's the choice he's faced with. most everybody understands at this point that mitt romney is going to be the nominee and the sooner we rally behind him the stronger we'll be in november. >> doesn't sound that to me listening to santorum talking to wolf blitzer about the math. here's what he said on wolf blitzer. >> with all due respect we don't agree with your numbers. we think they're wrong. >> you think you can realisti l realistically get to 1,144 before the convention? >> we think we can get there and the likelihood i agree that neither of cuss get there, but i think we can still get there. >> apparently rick santorum is going to challenge sort of the winner take all states that most of them went for romney that those would be apportioned that romney's count would go down because of that. that's what he seems to be laying out as a strategy at that point. what do you think of that? >> well i don't think he's probably the most objective person looking at that but the reality is, when you have more than 1 million people vote in favor of mitt romney than rick santorum, that's a pretty strong case. rick santorum i think is grasping at straws, desperate, becoming unhinged, swearing at reporters. >> reporter. >> but there's an old saying in politics, presidential campaigns never end, they just run out of money and i think that will probably happen sooner rather than later. super pacs have extended things but i think most people understand reasonable people that mitt romney is well on his way to becoming the nominee. >> jason chaffetz, republican from utah nice to see you. still ahead on "starting point" a friend of george zimmerman's says the shooting of trayvon martin was in self-defense and not racially motivated. and new york city schools are banning any mention of birthdays, of dinosaurs, hard word for me to say, halloween and literally dozens of other things on standardized tests. it might be hard to come up with a question if you don't have all those words. we leave with you my playli playlist los hombres calientes, "cardinal de phunk." water, we take our showers with it. we make our coffee with it. but we rarely tap its true potential and just let it be itself. flowing freely into clean lakes, clear streams and along more fresh water coast line than any other state in the country. come realize water's true potential. dive in-to the waters of pure michigan. your trip begins at michigan.org. ♪ i like that song. young the giant "my body." >> out of irvine, california. >> how do you please everybody? ban everything. new york city schools -- i haven't done the story will cain is shaking his head, no, no. 50 controversial and unpleasant topics not being mentioned on standardized tests, dinosaurs, sometimes i say dinosau because of my accent. aliens, birthdays, because gentlemen r jehovah's witnesses do not celebrate, halloween, celebrities, dances, inanimate animals with human characteristics. >> the amish are mocking us. critics say it's a form of censorship and the department of education disagrees and allows students to complete practice exams without distraction. professors of columbia's coll