>> aww -- >> this is not an awards -- >> no, i'm supposed to be, here's the deal, i'm supposed to be off today i'm supposed to be home i'm supposed to be with my nephew and my greatest son in the world, and then when they showed me you could be on january 2nd and here's the list and i saw these names -- [laughter] anchored by guilfoyle who's, like greatest ever of all time -- >> okay, he must want a birthday present. >> -- i couldn't pass it up. thank you so much for having me, i'm so excited to be here, and it's nice to, you know, i'm not the only one who has different hour. blond, blond blond, blond and baldie. >> we've got the varsity crew for you today and a happy new year. so much for us to get to as we begin the brand new year. the race for 2016 alreadyheating up as former florida governor jeb bush inches closer to running, possibly setting up a showdown with a friend from the sunshine state. 2016 may also be the most critical year yet for obamacare as the new year brings new tests for president obama on the national security front. first, the race for the white house. before the new year's ball drop jeb bush resigning all his board memberships, and this was a move political observers say helps clear a path towards a 2016 presidential campaign. and we could have two gop white house contenders from the state of florida as senator rubio, in an interview says he won't let his close relationship with the former governor stand in the way of a potential bid. and speaking of jeb bush, a spokeswoman says his review of his business interests is, quote, a natural next step as he turns his focus to gauging whether there is support for a potential candidacy. so there you have it. game on, right? [laughter] game on for the big presidential -- what do you think so far, jedediah? a lot of speculation. now does this shut the door for rubio? because jeb bush, clearly, he's running. >> yeah. jeb bush is absolutely going to run. i don't think it shuts the door, but i really don't think rubio's going to run, i don't know why. and i think the immigration issue, which is the problem, actually for jeb bush when you look at conservative primary immigration, common core, immigration was also a problem for marco rubio so i don't know how different they would be in that capacity. i do, however, think when conservatives think of jeb bush and think of marco rubio for some reason they are happier with rubio. when you poll them when you talk to them, when you get out in the community. but i still think rand paul there's a lot of folks out there, i don't think this is going to block him, although the donors, i still think rubio could come out and be a conservative warrior. and a lot of conservatives, remember, aren't so happy with jeb bush. they're going to be looking for someone from the state of florida to rival him, and he might be the guy. >> when you say "donors," i think christie because chris christie's pot of gold comes out of the same pot as the bush family. the bush family created chris christie. they made him the u.s. attorney -- >> there have been suggestions that the donors are going to go with jeb bush. >> right. >> they're two members of rubio's senate fundraising team that suggested to the "wall street journal" that they would go with jeb bush. >> so he could knock both of them out, chris christie and rubio. >> it's a big problem for both of them. dagen, i'm going to get you to react to this because rubio talked to "the new york times" and said we're definitely going to consider it. the decision i have to make is where is the best place for me to further my agenda, as presidential candidate or u.s. senator, and that's what i'm in the process of weighing. >> that is well put. all right, so senate goes into the hands of republicans. he will have more power. he hasn't really done anything with immigration. it was his immigration plan that failed in the house. so he would maybe have more power there are. but he has a brand new book mid month, he's going to be on the road, and he will get a really good gauge of how excited the mesh people are for him -- american people are for him. it's a really good way to make the decision. i think that's going to be the kicker. >> joanna, what do you think? >> i think the competition is good. it's kind of like a scrimmage within a team. when you play each other, you see what your weaknesses are, what you need to do to adjust when you do potentially run and then how can you come out acred against the other party. so i think a little competition is great -- >> i like the analogy. i'm serious that's a really good analogy. >> can i throw something out there? marco rubio has to root for his mentor and friend jeb bush, to stumble. how ruthless is he willing to be right? >> right. >> if you're going to run for the presidency, that is his direct rival. >> that's politics though that's the name of the guam. >> i know. >> if you pack the primary stage, some people say, oh, i want less republican dates. i don't, i want more. if they can't face up to those challenges if they can't meet those challenges, they're never going to be able to take on hillary clinton -- >> oh, hillary clinton! we have a prediction. >> oh, yes she's running. absolutely. >> no, she's running, but she wins. >> i don't know if she'll win. depends on who they run. >> that becomes the big question, who's going to be overall the big candidate? no matter what, the money is going to flow. it seems like jeb is going to be the front runner for the gop that also has an impact on mitt romney if he felt there was a void that needed to be filled. but rubio also a very attractive candidate because of florida. he's very personal a great speaker. you meet him in person, he's going to be, like you said out there promoting his book so that's going to give him more opportunity to meet with people. i think the problem is that jeb takes the wind out of his sails. >> but how is america going to feel -- if what you say is accurate about hillary clinton literally 20 some odd years later having a clinton/bush -- the father and bill in '92, and here we are 20 some odd years later -- >> yeah: >> i mean, what are we england? is there a monarchy? the same families -- >> i want hillary clinton and chris christie. it would be a grumpoff right? [laughter] because, again -- >> imagine the -- >> what are you saying, dagen? speak your heart. >> a little grumpy. [laughter] >> is hillary grumpy? >> in different ways. they can't hide it. >> i'd be interested -- >> christie has a charm. maybe it's because i'm a new yorker -- >> right. well, he tells it like it is. it's so nice, refreshing. >> it gets old to me. it gets a little old every once in a while. i want him to have a different attitude, maybe a fresher perspective, and then i might be rooting for him. >> well, we'll see. it sounds like they both have to take their flintstone vitamins in the morning -- [laughter] a little chipper in the morning. all right, well, 2015 shaping up to be a critical year for obamacare and three big reasons. the employer mandate kicked in yesterday after the administration delayed it twice. critics say it will kill jobs and reduce hours for those still working. also now in effect, fines for americans who do not have health insurance. and the supreme court is expected to rule on the federal subsidies the law gives to millions of americans in 37 states. if the high court finds them illegal, it could gut obamacare. lawyer on the couch. >> well, the supreme court ruling obviously, they get a redo. you know this, kimberly it's not often that the same issue goes before the united states supreme court. they're all about press -- precedent. they're all about we take the issue, we rule on it once, and it basically is supposed to go on forever. here within three years -- it's a back door way of attacking it, but they are going to have an opportunity. gosh knows that the chief justice is going to be under an enormous amount of pressure -- >> right. >> -- to rule the way the people who put him there want him to rule. so it'll be very interesting. i'm going to try to wiggle my way in to seeing those -- >> as a lawyer, yes, it is fascinating. the whole nation will be watching, of course, both sides, gop and the democrats but there is a lot of pressure. people were very critical of chief justice john roberts and the decision wasn't really expected that he would rule that way. now there's a different angle a fresh look they can give to it which really is unprecedented. usually they'll settle the issue and move on, but they're tackling it from a different angle, and it could have an impact on the election. >> it could, and i think the republicans need to step up now and in case these federal exchanges get thrown out by the supreme court get the decision in june -- >> sure. >> they've got a few months to have a game plan. what will happen is if they have no plan, say, make -- give the states more power with these health policies changing the way the subsidies are handed out, if they don't have something in place, then what the president's going to do is he's going to say, okay all these millions of americans are going to lose their health insurance. you're putting people's lives in jeopardy, and the republicans will be forced to, basically sign the federal exchanges into law like that if they don't have another game plan. >> that's been the big problem because republicans haven't come out with a solid alternative. i get e-mails all the time saying yeah, there was this one proposal over here. that's great. how about one solid proposal that you all came together on, one cohesive plan that you stick on a web site that works so that it shows some unity. >> you're right. >> you know what? they didn't have it together this is not the way to go. premiums went up. this was supposed to be affordable care act, you have jonathan gruber on record saying no, but here's our alternative, and here's how we're going to help you with cost. no mandates, that's what they need to do. >> joe and, what she's -- joanne what she's suggesting is have their own platform. you have to show the american people that voted them in in large numbers in the midterms that we do have the ideas to move the country forward and do it better -- >> it's definitely easier to be against it. it's easy to be because obama has said in the next two years he wants to defend the gains he has made in his policies. he wouldn't have to defends them if they were good gains. but you can't then attack that if you don't have a good plan to back it up. so again like jedediah said there has to be a cohesive plan that everyone can get onboard with, otherwise the american people are just going to suffer. >> besides having a plan, arkansas this you are, you've got to be -- arthur, you have got to be able to sell it. that your idea's better and have specific examples -- >> and here's the problem. you're right on but here's the problem: this stuff so confusing. >> right. >> i mean, it really is. i'm a lawyer. i don't have -- i cover myself. you know what i do? i tell my secretary, i don't know i need health insurance. figure this thing out go on the web site call the people -- >> she's a wonderful woman. >> it's so complicated. >> you need a -- [laughter] >> the biggest problem is that jonathan gruber's the poster boy for the whole thing. >> exactly. the guy who's involved -- >> i wouldn't bayoused shoes from him at this point. >> you're right, kimberly, how do you sell something that's so complicated? it's not black and white. it's not pro-death penalty, anti-death penalty. >> you're going to have to simplify the message as well specific bullet points to show how it's going to work. all right, well, we always hear about resolutions to get physically fit in the new year, but how about staying financially fit dagen? we're going to talking strategy and making sure 2015 is good for your bottom line. and get those hair nets and aprons out, we're bracing for a major food fight on capitol hill. what the new republican congress may have in store for school lunches. stay with us. ♪ ♪ this tylenol arthritis lasts 8 hours but aleve can last 12 hours. and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? how are ya? good. aleve. proven better on pain. listen up... i'm reworking the menu. veggies you're cool... mayo, corn dogs...you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. 24 vitamins and minerals. 9 grams of protein... with 30% less sugars than before. ensure, your #1 dr. recommended brand now introduces ensure active. muscle health. clear protein drink and high protein. targeted nutrition to feed your active life. ensure. take life in. if you suffer from a dry mouth then you'll know how uncomfortable it can be. but did you know that the lack of saliva can also lead to tooth decay and bad breath? well, there is biotene specially formulated with moisturizers and lubricants... biotene can provide soothing relief and it helps keep your mouth healthy too. biotene, for people who suffer from a dry mouth. ♪ ♪ >> welcome back to "outnumbered." get ready for a serious food fight in washington this year. with the new republican-led congress in one corner and first lady michelle obama in the other, her healthy eating initiatives including school lunch standards causing controversy and pushback in many states. but those standards already taking a big blow with last month's temporary spending bill which gives states more flexibility in food choices. top gop lawmakers have their eyes on reworking the law that governs school nutrition programs. kimberly, this has been a huge issue. kids were posting images of their school lunch, very dissatisfied, going hungry. now republicans are coming out with this bill that gives states more flexibility to say, you know what? we want to be exempt. if we can prove that these programs are causing hardship in our schools we want to be exempt. do you think they will be successful? >> look, first of all, i love the angle of the story that you also had children were having you know, using their voice saying these are lunches we don't like taking to social media so that they're listened to. i think that's a very good life lesson for them. i think the first lady's heart is in the right place, but i don't think people want their stomachs controlled. so, for example kids are very particular when they're young they have different foodies likes and likes, do last thing you want is your children not eating at school and then not able to learn because they're hungry and distracted. so we have to find a way that we make sure we respect what work and the best way is by letting states have the choice to decide, work in conjunction with the schools, with parents and with children to decide what goes on the table. >> isn't in the issue of federal government once again saying, you know what? when it comes to health care when it comes to i nutrition, we have this one size fits all approach and it's not successful, and they don't allow that state flexibility to make these changes. >> rules written by people who have no idea how the school lunch program is administered in this country. these rules prohibit, essentially, cafeterias from serving sandwiches because two slices of bread exceeds the weekly allowance of whole grains. you have multiple subgroups just for vegetables like red and orange, dark green beans and peas and other vegetables. these regulations are tortured. the food waste has skyrocketed in this country, up more than a million kids aren't even using the the school lunch program. >> yeah. >> it's got to stop. >> right. >> arthur, what should happen here? you know, a lot of kids don't have parenteds at home -- parents at home that are providing these meals for them. they do need the school to serve as a provider, so what role should the federal government be playing, and what rule should parents play? should they be signing petitions and saying, look, in this isn't working, we're not happy and we need to change it? >> it's a huge problem that can't be answered in 60 seconds, but it's a balancing test between the government doing what they know is the right thing now. like they know now -- when we were kids, they'd give us a slice of blown that with -- blog that with two pieces of white bread -- >> i actually really like bologna -- [laughter] >> i know! >> because it's a cousin, salami. >> the flip side of the coin is, you know, you need to be reasonable, give kids stuff that they want to eat. >> right.re all these regulations about what's healthy and what's not, but there's also what a kid is going to ingest. and how much do we want the government in our kids' stomachs? enter right. joanne one of the main issues is the food that they were choosing, it didn't even look healthy. so whoever was making these decisions about what was healthy and what budget, those people need to be fired too. >> no one is trained in how to prepare the food and the cost so expensive. in the perfect world the healthiest food would be the cheapest and the easiest to prepare, but that's not the case. maybe a simple solution is to get these kids involved since they already are taking these photos. they're going nuts they're -- >> they're going to say we want macaroni and cheese every day. >> no, no give them options -- >> good for you. >> they feel empowered. >> no, i agree. >> they feel like they are making a difference -- >> to a degree. >> we all grew up on salibury steak and tater tots and we turned out okay. [laughter] >> not all of us. >> they're fantastic. delicious. >> just make sure they're not hungry though. you've got athletes are posting pictures and saying we have to go, you know, play football, and we're starving to death. if they want tater tots, give 'em to 'em. >> so it is a new year and that means resolutions which we say that we'll try to keep, and that goes for people's finances as well. a survey shows that people tend to make these three promises to get a grip on their bottom lines; to save more putting away an average of about $200 a month to pay off their debts and to simply spend less in the new year, and that survey also finds that only 29% of folks surveyed managed to keep all those promises. so what can we all do to make our financial resolutions stick? well, not be vague because all of that's vague. that's like me saying today well, i'm going to be a gymnast and i don't have any game plan whatsoever. >> i i think that's a great idea. >> exactly. [laughter] >> you are in the gym a lot -- >> except i cannot touch my toes. >> really? [laughter] >> the worst thing people do the best thing people can do is keep the money out of your hands. don't ever get your hands on it, that means contributing more to your 401(k) plan. >> no it's so great when it's done electronically. >> yes. >> now with the way technology is, you can just have this money taken out of your account every month. it's like having your own financial planner without having to pay them to do the work. >> and if you need down payment for your house, you can always borrow from your 401(k). i think it is the most genius thing on the planet. >> you're correct and you're correct. because keeping it out of your hands, it's like how do you lose weight? keep the food out of your hands. i how do you save money? -- >> out of sight out of mind. >> i do, i do, open disclosure, i do $200 to my son's 529 i do x amount to those crazy credit card bills and i do y amount to a little savings and you'd be surprised -- oh, wow. i've got that much money? >> you have to have a plan. >> you have to have a plan. >> discipline, a focus about it and if you're not good with credit cards, hide 'em. [laughter] put 'em in the sock drawer or something like that. >> how does anyone keep any of these resolutions? >> that's true. you know what else you need for this? you need money. >> that's true. >> one of the reasons people don't save is because they're broke. >> oh, some people you're correct. some people are broke. >> you know, i remember when i was younger and i was waitressing, and i had my parents and everyone telling me you've got to save and i'd say, show me the money, you know? >> a lot of people are out of jobs -- >> that's true. >> this year -- >> it's hard right now. >> but this year gas prices have plummeted, and so people do -- they have adjusted their spending to meet $3.50 a gallon. we're at close to $2, it's sub-$2 a gallon gas now. take that money and sock it away. >> some people are going to take that and use it as mad money. i know that's what i'd do, buy more shoes. >> jedediah, there's an expression everyone's broke on their own level. so compared to oprah winfrey, donald trump is broke. there are people who spend, you know, not too many of us on this couch who are broke, and yet if you saw my credit card bill like my sister did, you'd faint. [laughter] >> how much money you'd spend, there are people who put themselves into really bad financial straits because they don't have the plan, the ability to try to manage and say, okay -- and i think you put in that position more so when you're a parent or you're part of a family because you have to make sure and allot and spend for other people, not just yourself -- >> well, and be a good example to your kids as well. start early. >> i absolutely hate the articles that get written every year though about don't drink that cup of starbucks every day because when you ask people to dramatically change behavior like that just to sock away $5 a day and you show me the money, oh it really adds up people aren't going to -- >> it changes your quality of life, at least coffee does for me. >> i can tell. [laughter] >> and everyone around you. >> perked up. [laughter] >> your coworkers will hate you if you stop drinking starbucks. so isis is one of the pressing national security challenges ahead for president obama in the new year. the other foreign policy crises that we can expect and the question has the administration learned from its mistakes in 2014? plus, with the pairings set in college football's national championship, the concern is that colleges' gold russias all but -- gold rush has ended student athletes well over. who needs the pros? ♪ period. you total your brand new car. nobody's hurt,but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. new car replacement is just one of the features that come standard with a base liberty mutual policy. and for drivers with accident forgivness,rates won't go up due to your first accident. learn more by calling switch to liberty mutual and you can save up to $423. for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance. shopping online is as easy as it gets. wouldn't it be great if hiring plumbers, carpenters and even piano tuners were just as simple? thanks to angie's list now it is. we've made hiring anyone from a handyman to a dog walker as simple as a few clicks. buy their services directly at angieslist.com no more calling around. no more hassles. start shopping from a list of top-rated providers today. angie's list is revolutionizing local service again. visit angieslist.com today. ♪ >> welcome back to "outnumbered." the new year will bring major test to nearly all the national security crises the obama administration tried to keep at low boil from isis to the draw down in afghanistan to standoff with russia over ukraine. after all it was about a year ago president obama referred to isis as a jv team. but as he found out the bloodthirsty islamic extreme its are far from that. meantime with the u.s. drawdown of troops in fan began can the small force we left behind hold on to the gains so we don't see another iraq? rattled bear in the corner with russia's economy in free fall due to oil prices and sanctions who knows what vladmir putin will decide next. a lot of trouble for the obama administration with regard to foreign policy. what would make people say i'm worried about this administration and what will happen? >> i don't think you can point to one. i think there is abject failure when it comes to foreign policy and national security because there is no true measure we can show to other countries listen we'll act on things. if we say something our word is our bond. you will not cross the line with us. whether crisis with ukraine or crimea or isis or nuclear talks with iran, no way president obama will be able to get them to sign a nuclear agreement without making major concessions we noil not as a nation be able to make. look at afghanistan calling it the end of the afghanistan war. all real-tile tell pens and people there who have served in afghanistan over the years still say afghanistan on tins to remain a very dangerous theater in the world where we have to make sure we have proper troops, proper intelligence on the ground. these are all things that we see are not going well. iraq problems there as well. there are a number of things. no one is showing respect. especially look at putin. foreign leaders they don't think this is a country will act or make sure we will hold them to their word. >> what about confidence with the american people really need to have in their president? that's what's been lacking confidence and leadership. now you're talking about transfer gitmo detainees out of guantanamo bay and sending them over to afghanistan. we really can't trace those people. there is a fear they will return to the battlefield. so i think people are really looking and hungry for leadership right now and concerned. national security concerns. remember when people were polled in the midterm elections rated really high, surprising high because people are worried. do you think that will change anytime soon? >> the worry won't change because there was no strategy from the obama administration this past year and there is no strategy now that we're in 2015. they're reactionary they use one hand to plug holes in the dam and the other hand to.fingers and blame other people for their own failings. as far as vladmir putin is concerned, there seems to be, they think that he is in a corner and they kind of have him because oil prices have plunged. the russian economy is in such dire straits. i don't know what is a cornered bear do? that man could be a lot scarier now than he was a year ago. >> that's exactly right. also what can republicans do? they just had a huge midterm election victory. they're looking forward to a presidential election. what should they be doing and saying to the american people right now? >> two words. be productive, accomplish something even if they have a compromise a little bit. get some bills signed. put things in front of the president of the united states that he has no choice but to sign because they're reasonable. they may make sense and it is what americans want. may not be what his perfect idea of a certain law and may not be what the republicans idea is but get something done. that's all we want do something. >> those are great ideas joanne, but that requires cooperation. this president hasn't indicatedded he is excited about cooperation. >> he will never really commit to a plan because he doesn't want to be seen as overreacting by one party or another. but the issue is, like antibiotic you have to see whatever plan it is through to the end because if you don't truly then -- >> great analogy. great analogy. >> the infection will resurge later. become resistant to the antibiotic and we'll fall ill. >> that is exactly right. >> fox news medical a-team. >> right. >> isn't this president worried about his legacy? >> of course he is? >> is he worried about people looking back five, six seven 20 years from now because the administration was not tough on terror weren't willing to call evil evil makes the country seem weak? isis beheading journalists in televised addresses because they can. do you think he is worried about it? >> i don't think he is worried about it at all. he has six years of complete consistency that america should take a back seat. shows disdain for america is the one that leads by example. he is as you wanting us to retreat from other countries or other situations. this is not his forte to deal with national security. >> he will not say he is weak on national security. he is emperor with no clothes. he. >> because he is able to order drone strikes. >> he will say i killed usama bin laden. what should my legacy be, i called usama bin laden. >> can only hold on to that for so long when the rest of the world is crumbling. >> call it the college football gold rush as we get set for the first-ever national title game. how big money changed game forever putting it on par with the pros. nutty laws for the new year. do we need to ban selfies with tigers? come on. ♪ ♪ >> what nfl playoff? the college game with billions of dollars lining its pockets appears to be drawing even with the pros. and the spanking-new college football playoffs kicked off new year's day may be proof of. that the ohio state buckeyes will meet the oregon ducks for national championship. all this leaving many to wonder, has college football's gold rush rendered notion of a student athlete obsolete? consider this tweet from a couple of seasons ago from cordell jones the quarterback who led ohio tate to victory over alabama. he tweeted quote why should we have to go to pass if we came here to play football. we didn't come here to playskool. classes are pointless. jedediah, you are the expert on the panel on football here? what do you make that this? in that tweet was he saying to say it or is he serious? >> you know what? i worked with a lot of foot ball players and they don't care about school. they real, we were brought here to play. we weren't brought here because of our grades and they just don't feel that it is important. they want to get out of their class work. i had football players come to me, i really don't have to write this paper right you really do you really do. >> kimberly, what should we do to solve this? should college football should be banned? >> i think college football players are misunderstood. >> poor, poor boy. >> love it. >> they're so good in the huddle, aren't they? [laughter]. >> there are 10 million men in this country that just lots of their breath. >> oh, my goodness. >> you had me at salisbury steak and taters to the. i will make a hard turn here. college football, you are not for sure to guaranty nfl football career. one bad knee irjury blows and you're done. i know some of the most successful nfl football players as you do. where is their life. how much money do you have in terms of after financial planning, being able to support tear families. injuries and concussions. what do they do after besides open cars. they can't walk up and down the stairs. >> should we start paying them men? paying them when they're young? >> should be paid in college. >> let's face it, it is all about the money. it is all about the money right? all about schools getting all this money. i don't blame the students. they have enormous amount of pressure. you know pressure on these kid to play this game? just like being in the super bowl. and mostly read about world war ii and absorbing it and processing, keeping it in. something should change. kimberly is right. >> what is changing? reimbursement in scholarships, the amounts going up to color all of their college costs. that is happening. i think they get paid. i think college athletes will get a cut of the money in a matter of years. >> what happens to the majority of them who don't get drafted? >> they get a college education. >> but the point is they're not doing their work. they're coming, jedediah and saying. do i really need to write this essay? >> they are doing work. cracked down on it, nc chapel hill for 18 years thousands of students who went to fake classes that the some of the teachers at university set up. and they have they came out with this major report and it has been a pox on chapel hill. i think people do, i think alumni care. i think students care. and i -- >> these coaches are pet -- getting paid millions of dollars and leading in the nfl and coach from college. >> what is that guy's name. >> come on. i read the story. >> jim harbaugh, right. >> harbaugh. right. jon: dagen? >> your favorite football team. >> a big mistake. three nfl championships and trip to the super bowl although they did not win two bad calls, what do you have to do to please an nfl owner these days? not easy to keep your job. >> watching 49ers this year you had to hold your nose. >> on that note, we all want to protect our kids from dagen. just kidding. mistakes we made. one child expert says the mistakes might not be so bad. overprotecting our kids can make them weaker. gruff voices need not apply. surprising study reveals how the ladies may have the upper hand in our country's highest court. what does arthur think about that. >> probably right. that's true. >> we'll find out. >> he is used to this. ♪ a bike ride. i didn't think i'd have a heart attack. but i did. i'm mike and i'm very much alive. now my doctor recommends a bayer aspirin regimen to help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen. ♪ >> hear my voice? it is smooth gentle sound to win a supreme court case than noises coming out of where you one lucky guy's mouth. >> thank you. >> according to scientists that compiled recordings of 60 male voices from u.s. supreme court cases. then they asked a panel of 200 people who wait rate voices in terms of thing likes mass coo you lynnty and competence and i hadcation. the results that only characteristic lines up with chance of winning a a case was lower score on masculinity. i'm so sorry. so sorry to tell you if you ever go to the big show, you better bring me. >> first of all, i don't think that is a news flash anyway. kimberly, did you win every case you tried. >> yeah. so i quit while i was ahead. >> kimberly deserves a round of applause. >> must have been the voice. >> i'm not that masculine. not like my friend tacopina who is in there. trial work is all about making connection with the jury, making them feel comfortable with you. making them like you. and then, having a conversation with them to convince them of your side but they're not allowed to talk which is really weird. imagine trying to convince somebody of something and they can't ask you any questions. >> but u.s., supremes. the supremes women win there. >> you know who my law partner is my very special friend marianne is a awesome female attorney. >> that's why you use her. >> not me, exactly. she has a way of making people feel comfortable and then, bringing them over to her side. that's what you want as a lawyer. >> basically this shows that if you sound like a meathead, people want to punch you in the face. and you're not going to win. >> i think there are there is a reason. we all grew up most of us grew up in traditional home where mother knows best, and she is the one who would dole out the ruse and talk about fairness. i think kind of subliminally, would go back to that listen to mom. >> dad also had the voice. >> we were scared of that. >> i always think of matthew mcconaughey in "time to kill." he had calm demoon nor. that inspires confidence. when you were reading intro i was mesmerized. >> if you had to get rowdy and loud that tells me you're not confident. >> between that voice and huddle comments. >> i watched "time to kill" summation 20 times. >> best thing on television. >> very well-done, because i used it in a case. >> plagiarized? >> in front of juries what i do, probably when they have told me it is most effective when i whisper, not when i scream! >> that's what i'm saying. >> make eye contact. that's why i don't use the notes, arthur. >> you have that big brain. of the kids like me need to look at something. >> have to connect. skin on skin between the jurors. nothing in between you. arthur, this is your read. >> parents are breeding a generation of wusses, that wasn't my word. according to one professor. parents who deny their children independence are creating a generation incapable of dealing with failure. probably true. and that coddling their children, leaves them struggling to cope with setbacks in teenage and adult years, also probably true. the neuroscientist did research, adds it is important for children to embrace some degree of risk and learn from their mistakes and be more independent of their parents. i agree. i agree. i agree. we're talking in the commercial. how old were you when you were allowed to venture outside of the house. >> 10 years old. in staten island and brooklyn, going to get italian eyes and pizzas. had water wings off. sink or swim. they wanted me to get a sense of independence, that i could take care of myself. they watched me. had to be home at a certain time. there were rules. there was self-sufficiency think was put into your psyche at early age. there is sense of entitlement. >> because they're spoiled spoiled rotten claim. everybody gets a trophy. everybody is a winner. there are no losers. loser don't belong in the vocabulary. when they graduate from college and enter the workforce and act like they deseven promotions and raises without the work. we've all seen it. >> kimberly, we have a child same age not together, not that one. >> thank you for clarifying. >> what i did what i did this weekend went out to diner and had to go to the bathroom. i was able to see where the bathroom was. he said by myself? this is first. you can go by yourself. he went by himself. you could see i can go to the bathroom by myself. that is what study talks about. taking children, give them a little risk and independence. >> when i let him go to the bathroom in the restaurant he heads for the lady's room. ladies, check me out. what what? >> got that from his mother's side. >> i think there easy solution to all this. stop having kids. then they will never be coddled. >> that is one approach. okay. >> jedediah, what do you think give them some incentive to learn and grow. life is not that easy. it can't be handed to them in jell-o pudding cup. >> life is hard. never teach them from young. i was little and used to go get italian ice's in brooklyn. i fell and skinned my knee. you learn the lessons. my parents made me a tough little cookie from the start. >> breed failure. failure. >> turned out just fine. >> italian ice. >> life is not fair. my father told me when i was a kid. >> temperature in the new york was in the 30s don't you know it. perfect weather for dip in the ocean. guest which one of our panelists braved bone-chilling temps for the traditional polar plunge. ♪ ... .... ... >> welcome to out numbered. with the new year comes new laws. throwing food away in seattle is illegal. and in california hens with more space. i don't know what will happen with the tiger selfie banned. i need to be the most important thing in my selfie and so i am good with it. i am a beast myself. >> i am a rhino girl. >> how about extra time. this is what the legislature is working on. banning selling rabbits in pet stores. i grew up with a rabbit little rocky. >> how are they going to show case their -- without the tiger? >> and it is an automatic weed out. somebody with a tiger or dangerous species who wants to date them? >> charles darwin called it getting rid of the dummies. >> exactly. there you g. they will come up with something else nothing like a jolt of freezing cold water to start off the new year. crowd thrill seekers plunged in the ocean off coney island. and here's how he braved the tea chattering water. arthur in the speedo. it was so much fun and raised money for a great charity. we wear our viking helmets and i went in and it is january kid. and it is the most amazing thing to start off the new year. next year we'll tail gate and come to coney island upon and they will get a big kiss. >> warm you up. >> happy new year. great job and we are back on tv on monday. "happening now" starts right now. thanks for being with us. >> welcome to "happening now". i am marcel in for jenna lee. >> and i am in for jon scott. remembering mario cuomo. he passed away at 82 years old. many point to his famous point in politics. his stirring key note address in the democratic national convention cataputted him in the national stage and top tier of the political wing.

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