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Santorum fairly? we'll look closer at that. an article in vogue magazine raising a lot of eyebrows. a mother writing about putting her seven-year-old daughter on a strict, strict diet. denying her even salad at a certain point, jon. is this any way to fight childhood obesity? we'll take a lock at both sides oa look at both sides of the argument, next. okay, team! after age 40, we can start losing muscle --

Jon: now this fox news alert. day one of three days of oral arguments is finished for the supreme court on health care. the big fireworks, not expected to come until tomorrow. today's argument involved this, president obama and the law passed by congress has everyone in the u.s. buying health care -- virtually everyone buying health care or else paying a penalty. no one has paid such a penalty yet because that portion of the law has not taken effect. so the question is, can the supreme court hear a case that so far has nobody paying penalty. that's what they were arguing about today. court wat...

Jenna: the supreme court wrapping up the first day of oral arguments in the landmark healthcare case. we are glad you are with us, everybody. i'm jenna lee. greg. jon: i'm jon scott. the highest court hearing a constitutional challenge to president obama's massive healthcare overhaul. at the heart of this case whether the government has the right to force americans to buy health insurance or pay a fine if they don't. 26 states opposing the white house over the so-called individual mandate. they say congress over reached its power to regulate interstate commerce in this case. shannon bream live...

Agree this case needs to move forward but there is an old 1867 tax law that says you can't challenge a tax in court until you've already paid it. the argument is the mandate and penalty if you pay if you don't comply with the mandate to get insurance is that a tax? at points they've argued that it is. the justices noted the dichotomy, but it seems like most of them on the court will be willing to move forward with the case, jon. jon: they could punt this thing if they want based on today's argument. are they expected to do that? >> reporter: that is absolutely possible, improbable but possible...

Thing to keep an eye on. thank you very much, charles, always nice to have you. >> reporter: meet you at the mall. jenna: that's right. jon: thousand ofs people are without power right now after a powerful storm moves through southern california causing accidents, downed trees and flooded roads. the system leaving a blanket of snow on the mountains. snowbirds are thrilled but officers are warning drivers to use caution. >> people lost control, road wades are really wet. tires, tires have no thread on the rear, that is possibly a contributing factor to the collision. we need people to slow down...