Plus, taking on obamacare again, what that could mean for the future of the law. Plus, the power of feel e fear. Shes failing on a comprehensive strategy for isis. Voters site isis and ebola as top signs for the political election this round. All in starts right now. Good evening from new york. Im chris hayes. Just two hours ago, the white house confirmed its pick for the new attorney general. On the same day that president obama sat down in the white house with congressional leadership following the midterm elections and on the same day the pentagon announced u. S. Military presence in iraq will double. At the end of a very busy news day today, the white house said tomorrow the president will officially nominate lynch to succeed attorney genric holder. He has been confirmed by the senate in 2000 and in 2010, both times by acclimation. She also charged Michael Grimm with wire fraud and perjury earlier this year. President obama was able to tell some clear accomplishments. The good news is today we saw another good set of jobs numbers. We now have 56 consecutive months of job growth. More than 10. 6 million jobs have been created and the Unemployment Rate is now down to 5. 8 . Even as we enter into a new congress, the Previous Congress has promised to make progress on a bunch of fronts. Much need to be done this year during the current lame duck congress, according to the white house. Like emergency funding to combat ebola. And the request for an additional 5. 6 billion in the fight against isis. It will deemployee 1500 additional personnel to iraq in the coming months in what it calls a noncombat role. That deployment will double the u. S. Troop presence in iraq. Todays twohour lunch meeting also dwoet edwoeted a healthy af time to what has emerged as the biggest brewing bulge in the white house. Soon after Speaker John Boehner departed the white house, his Office Issued a statement reading ditto from House Majority leader, kecvin mccarthy. We also expressed to him if more executive actions are taken, that will make it difficult for us to always work together. We think we should start with a fresh start. Weve got a lot of bills in this house that have moved to the senate on economics, on Jobs Creation and thats really where our focus should be. To me, we should have the wisdom to listen but the courage to lead. And i think january should be an opportunity that we focus on that. And not have a situation why do executive orders when you have a legislative process which the americans expect to see. Ive got to go. In its own statement today, in light of the houses inability to pass a comprehensive bill. Joining me now, barny frank and an msnbc contributor. And a veteran of you were there, youve been the majority, youve been the minority. Youve lived through the financial crisis and the first few years of the obama administration. What do you think of this fight thats now brewing over the immigration issue . I think the republicans are not to draw substantively. First of all, with notion hes preempting them, the senate can pass a bipartisan bill. It was a bipartisan bill that passed in the United States senate that wouldnt even come up in the house. I just heard my former colleague Kevin Mccarthy that the house didnt take it up. The Senate Passed a bipart san bill and the house wouldnt let the subject come up. They refused to do anything. So you think he should do it . Yes. Exactly what he should do has to be he cannot abdicate a statute, but theres one other point. The terrible statement they both made and mitch will be stopped from working together when they do agree. That is the essence of obstructionism. You agree, i work with people on this and i dont work with them on that. But theres threat. If you do what you may have the legal right to do, who i think the president couldnt do it within his constitutional right, we will withhold elsewhere. In other words, what theyre saying is we think it would be good Public Policy for you not to work together. But youll with so mad, you wont do it. Theyre saying the same thing. Hes saying if he does that immigration thing, it would be like waving a red flag in front of the bull. His party is the bull. A dumb, outraged animal overreacting to a piece of cloth. And if the president does what he has a legal right to do, theyre going to punish the country by not doing other things that they think are good. A really important point. What youre saying there bears some emphasis. The whole way that working across a lot of differences works. You just find the venn diagram and ignore all the crazy instances. Youve got to establish this. Tray gallery, whos a Big Tea Party guy and they put in charge of benghazi, he actually said in the kNew York Times that he hd a meeting with eric holder and we owe for jail people. Its a perpetuation and he said, you know, a lot of people on our side, conservative republicans, agree with holder on this whole question of reform. But we cant do anything because of his position on samesex marriage. Thats the whole definition of extremism. If you disagree with one issue, they will punish the country. So youve got this immigration fight. Theres two other things that are sort of cued up. Shes been its a smart move by the white house because shes got impeccable credentials. Shes the first black woman ha that would be attorney general. Shes a prosecutor. They cant claim that shes a body with no particular law enforcemented. Shes from brooklyn. Whats your position . I think they will confirm her. Unless they can definitely find out something. Remember, the filibuster doesnt work. And let me just address any potential objection to them doing it in the lame duck session session. You mentioned one of the things that i was thinking. The Republican House impeached bill clinton, the technical term, he wasnt convicted, but they impeached bill clinton of the lameduck session in 1998. Its the members of congress who were elected in 1998 were voting, one of the articles wouldnt have passed. Several voted to impeach bill clinton and several didnt work. You can impeach a president , but you cant confirm an attorney general . Thats ridiculous. Woe got the announcement from the pentagon today. What i thought was there was lots of stern and drag on this. But very little policy degs agreement, as far as i can to e tell. It seems like whats going to happen is both parties were going to be passed to give the president prior authorization. Both sides agreed to put it off until after the election. I give the president question. E credit. He said i will bomb them if they use chemical weapons. And he then said, which was entirely appropriate, if congress will aught rise that. He didnt defie congress. He was attacked. My own view is that this is a great mistake. Look, the advisors are fighters. I havent talked to one guy who had been in iraq several times. Am i right standing next to them and shooting . Ofg it does. You dont go into battle with people. And as far as trainers are concerned, why would they need trainers. Who trained isil . Who trained the taliban. Ets not as if the people on our side, you dont hear them about the good guys. But the people who were hoping win, they dont have any di disadvantage of others kbept morale and training. Whats your read on john boehner. Youve been next to the guy. You know the guy pretty well. Whats the deal with john boehner. I think hes a sad case. Look, job bohn boehner, when he helped Tornado WarningE George Bush and ted kennedy. John boehner is a mainstream con receivabletive. Theres a french president , a french king, he was a protestant. And he was about to become the king and he had to con verlt. And he said paradise is worth a mass. What boehner is saying speakership is worth a tea party. So he got to be the speaker. But, at the sacrifice of any ability to do anything he thinks is important. Always a pleasure. Thank you. Congressman frank is going to be a guest tomorrow on Steve Kornacki show on a special Family Edition of up against the clock. You dont want to miss that. Here to stay, the Supreme Court says theyll be hearing a case that could basically e vis rate it. Thats next. Thats next. Here we go, here we go, here we go. Fifty omaha set hut losing feeling in my toes nothing beats that new car smell chicken parm you taste so good nationwide is on your side mmm mmm mmm mm mmm mm mmmmmm [mony mony by billy idole she cokicks in on car stereo]y. Dont stop now come on mony come on yeah i say yeah yeah yeah yeah yeah yeah yeah cause you make me feel like a pony so good like your pony so good ride the pony the sentra, with bose audio and nissanconnect technology. Spread your joy. Nissan. Innovation that excites. [singing] mony mony vrj. This is a photo of minneapolis mayor that flashes is a known gang sign for a north minneapolis gang. Kstp had the exclusive on that story last night. The mayor of a major u. S. City caught on camera flashing gang signs. If those did not look like gang signs to you and the gentleman she posed with are just pointing with each other, you thought accusing them of flashing gang signs is racially tinged, youre not alone. Twitter. Com has dubbed the gate. Someone turned up this photo of president reagan flashing a gang sign. Snoop dog was once seen flashing a gang sign with Martha Stuart and prance best of all, breaking news from kstp, journalist finds a whole page of gang signs on his iphone. Sometimes a good twitter mocking is just what the doctor ordered. But heres the kicker. We have a video that includes the moment that photo was taken. You wish that kstp had taken the time to learn that young man before going with this utterly embarrassing report. So i can reach ally bank 24 7, but there are no branches . 24 7 its just im a little reluctant to try new things. Whats wrong with trying new things . Feel that in your muscles . Yeah. I do. Try a new way to bank, where no branches equals great rates. June 28th, 202. That was the day that this happened. Earlier today, the Supreme Court upheld the constitutionality of the Affordable Care act. In doing so, theyve reaffirmed a fundamental princips principl. That here in america, in the wealthiest nation on earth, no illness or accident lead to any familys financial ruin. After all the legislative battles of obamacare and the endless, endless political fights, when the Supreme Court upheld the mandate, it felt like president obamas signature law was cemented. That was until today. Yet, another challenge to obamacare, this time on hinging on a constitution with a single phrase in the text of the law. That issue, one of the 36 states can offer the insurance subsidies that make the whole Affordable Care act work. Those subsidies are available through an exchange established by the state under section 1311 under the Patient Protection and Affordable Care act. It later establishes that if a state elects not to set up its own exchange, that responsibility falls to the government. It has been evident, ive got to say, to just about nearly everyone, that congress intended the subsidies to be offered through both state and federal exchanges. In fact, some of the chairs of the real valevant congressional committees just had in an op ad last week. Some opponents of obamacare argue that that single phrase in the law should be interpreted literally. Up to this point, their argument has only managed to convince a few conservative judges. Now, it will go before the Supreme Court. If a majority of the justices buy the argument, listen to this, 4. 7 Million People would lose their subsidies and probably their insurance and the individual market, as a whole, could very well fall entirely apart. Mplts joini joining me now, tom goldstein. Tom, are you surprised they took the case . Im not. The issue is so important. The legal question, even though the administration is likely to win, is really close. The justices are familiar with the law. They decided, i think, that they need to take it now because a lot of the provisions that are affected by the sub sill days go into effect over the next couple of years. So theyve decided weve got to get an answer. Why do you think you just said the administration is likely to win. Why do you say that . Everybody knows this stay chut is a bit of a wet mess. That there are a bunch of provisions in it that arent clear. And there are hundreds of them that the administration has had to implement the biggest provisions in the laws. This is just one of those where there are other provisions of the same law in which everybody agrees that they have to be referring to the federal government. Look, because the law says the states will establish the exchange, thats why theres the reference to the state establishes exchanges. But the law also says hey, if the states wont step up and do it, the federal government has to take care of it. Heres one of the things that i think about. The Supreme Court is a legal body that exists in the role of politics. When i think about the day that the Supreme Court announces to 5 Million People, youre now going to pay 2,0 2,000 more or 3,000 more in insurance that you cannot afford. I just imagine what that can do for the institution of the court for the court to announce such a thing. I have to say that if i think the justices really believe that the law required that result, they would do it. They would say go back to congress and get a new law. If its a close case, the law says the doctrine of the Supreme Court says you give the administration the benefit of the doubt. What i really learned in the last challenge to obama care that you talked about in introduintr introducing the story, that the five justices there decided that this is a political question. Its not one thats going to be resolved by the sbreem court. Weve been debating for decades. I think the same thing is going to happen here. You made this key point, i just want to sort of reaffirm this. Statutory interpretation is a complicated undertaking. Agencies have to do it all the time. They get contested a lot. Theres a pretty good Supreme Court pres dent that says you defie the agencies, right . Right. The job of the executive branch is to put the laws into effect. So the federal ledge e register, which is the document that produces these regulations, thiss got to be hundreds of thousands of pages of regulations. And the rule of law is if the stay chut is ambiguous and the arraign agency is charged with. Thanks for being here. Do all the women listed on the supporters page for the Political Party governor andrew quomo created actually exist . We will attempt to solve that mystery next. Mystery next. Ly busy. Tomorrow were booked solid. We close on the house tomorrow. I want one of these opened up. Because tomorow we go live. Its a day full of promise. And often, that day arrives by train. Big day today . Even bigger one tomorrow. When csx trains move forward, so does the rest of the economy. Csx. How tomorrow moves. Wow [ narrator ] on a mission to get richard to his campbells chunky soup. Its new chunky beerncheese with beef and bacon soup. I love it. And mama loves you. Andno question about that. But your erectile dysfunction that could be a question of blood flow. Cialis tadalafil for daily use helps you be Ready Anytime the moments right. 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Alright, so 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 you . Aleve, proven better on pain. Yei could come by your place. My place . Uhh. Um. Hold on. Introducing the allnew volkswagen golf. Plenty of room for whatever life throws at you. Gather around. Theres a Little Mystery that involves the governor of new york and a woman whos been on this show. The governor of new york is andrew quomo. And he won on tuesday, relatively easily. It was not a total sweep for the democrats because theyre not going to have control of the state senate. It means quomo is in the governor ship. And that is a really big deal. Because progressives in new york desperately wanted unified democratic control of the government so they can pass a bunch of progressive legislation. Andrew quomo, a guy that you think would be in favor of that, hes a democrat afterall, has been kind of ambivalent. Hes got kind of a thing about ticking off liberals. He made a promise to a family here in new york called the working families party. They both needed each other even though they both hated each other. They wanted to appear on their ball lot line so they could get a lot of votes. And so they came to an greemt. Andrew quomo would get the nomination, but hed have to go out and campaign hard to get that senate majority. This is what he told me. Lets unify around the simple goal taking back the senate. Democrats in rural areas,. Up state, down state, we can do this. Politics is often about seizing the moment. And this is our moment. To seize