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ObamaCare heads to the Supreme Court

This is a RUSH transcript from "The O'Reilly Factor," March 22, 2012. This copy may not be in its final form and may be updated.

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BILL O'REILLY, HOST: In the "Kelly File" segment tonight, two very hot topics, beginning with the fatal shooting of 17-year-old Trayvon Martin in Florida.

As you may know, 28-year-old George Zimmerman, a Neighborhood Watch guy, shot the teenager dead in Sanford, Florida. Mr. Zimmerman says the boy was acting in a strange manner.

No charges have been filed, because Florida has a law that allows people to use deadly force if they feel threatened. However, Trayvon Martin was unarmed, and now the feds are investigating the civil rights angle, because no charges have been filed locally.

With us now to analyze what might happen, attorney and FOX News anchor Megyn Kelly.

So the local police chief in Sanford, he's out?

MEGYN KELLY, FOX NEWS ANCHOR: Yes, he's temporarily out, at least.

O'REILLY: Why did he...

KELLY: Saying he's become a distraction in this national debate and so two other guys are going to now share the co-duties.

O'REILLY: Why was he a distraction?

KELLY: Because he stood by his police department with respect to no charges being brought. And they basically took the word of the defendant, the would-be defendant here, and did very little investigating. And now that there's national outcry and people are calling for him to step down, he's done so temporarily.

O'REILLY: Well, he did the right thing. He got out of the way. Now, this Zimmerman guy, he, according to ABC News reporting, had called 911 something like 50 times.

KELLY: Yes.

O'REILLY: He was constant… I mean...

KELLY: Scores of times just since January.

O'REILLY: Right.

KELLY: Look, Bill, this case, you don't want to rush to judgment. I agree with you; you don't want to convict him here. But this stinks to high heaven.

And the way the police handled this stinks to high heaven. They need -- they now said today that they are handing this over to the Florida attorney general. That's good. They'll do an independent investigation. Let's just hope it hasn't been botched so badly so far that they can't do the investigation they need to do. The feds are involved. But this looks like a terrible situation.

I will say this: as far as the hate crime goes, I don't know that they have him on that. Because even if he uttered a racial slur on those 911 calls -- and there is some evidence he did -- that doesn't necessarily make this a hate crime. A hate crime is where I attack you because you are black.

O'REILLY: Simply because of that reason.

KELLY: That is the only reason, the main thrust of the attack. It can't just be one of the things. But in terms of second-degree murder, that charge looks very promising for the D.A.

O'REILLY: You think it will be a state charge and not a federal charge?

KELLY: It will be. I think especially now that the Florida attorney general, according to these guys locally, is now getting involved. That will take it to a new level. The FBI will help them investigate, as they've already stepped in. And now hopefully will get some real facts.

But I will say this: the "stand your ground" law, that's not what this case is about. It's not about the "stand your ground" law. Even the guy who authored that law has said, "My law doesn't apply here." You cannot -- that allows me to defend myself with deadly force on the street if you come up to me and put me in fear of my life. That does not apply when I go over to you, I create the circumstances of a confrontation...

O'REILLY: Correct.

KELLY: ... then you start using force against me. I can't use that law to then use deadly force against you.

O'REILLY: That's provocation. Right. And this guy...

KELLY: That's written into the law saying it doesn't apply under the circumstances.

O'REILLY: All right. Well, again, we'll let the system, as long as the system, you know, moves along, we'll just watch what happens here.

Next Tuesday Supreme Court cranks up with ObamaCare. That's big, right?

KELLY: Yes, this is big. And this is the most...

O'REILLY: Are you going back to the Supreme Court reporting?

KELLY: I don't even think I can get in now. It's like even lawmakers can't get into the U.S. Supreme Court for this argument.

O'REILLY: Packed house.

KELLY: Totally packed house. I will say this. The first you'll hear about it will be on my show at 1 p.m., because the audio comes out right as my show goes to air each day.

O'REILLY: Good for you. Now, the Obama administration isn't celebrating the second anniversary of Obama care.

KELLY: No.

O'REILLY: That came in very quiet.

KELLY: Yes.

O'REILLY: And is that because of the Supreme Court?

KELLY: Well, they say you're making too much of that. You, the press, are making too much of it, the non-celebration. They're going to have some woman named Cecilia take to Twitter tomorrow afternoon at 2 p.m. If you want to talk to her about the health care law.

O'REILLY: Cecilia. Do we have a last name? Or is it just Cecilia?

KELLY: It's Cecilia Munoz, the director of -- director of...

O'REILLY: She'll be twittering about it?

KELLY: She's twittering about it.

O'REILLY: That doesn't strike me as a really big deal. We're not going to have Vice President Biden cursing or anything, are we, on this second anniversary?

KELLY: This is a really big bleeping deal.

O'REILLY: Yes. That would be a big celebration.

KELLY: It's a big bleeping deal.

O'REILLY: If he would like recreate the original swear word when it was signed.

KELLY: When it's a big -- big deal?

O'REILLY: That would be good.

KELLY: Call Cecilia on Twitter. That's how we broadcast it to the American people.

O'REILLY: Because I'm bold and fresh, as you know. I have made a prediction...

KELLY: Yes.

O'REILLY: ... that the Supreme Court will throw out the individual mandate here, and you say?

KELLY: I don't know. I really think this is so close. I mean, if I had to, if you were forcing me to bet, I would bet that you're right. I would bet that the four conservatives plus Kennedy would strike down the individual mandate.

O'REILLY: And that's because I've been right so many times in the past. Really just the other week, I...

KELLY: This is a real conflict for me. You know? Because I like coming on the show.

O'REILLY: You have to tell the truth.

KELLY: I like coming on the show, yet such falsehoods.

O'REILLY: Yes.

KELLY: Such bleeping falsehoods.

O'REILLY: Now, the key issue is, to my way of thinking, the constitutionality of a federal apparatus forcing individual Americans to buy anything.

KELLY: Yes. Just because they're sitting on their couch. Just because they exist. That's the problem for the government here, is that they're not saying "if you do this, if you put yourself out there."

They're saying everyone has the likelihood, it's almost a certainty that they'll go to the E.R. or go to the doctor during the course of their lifetime. If they don't have insurance the rest of the taxpayers are going to have to foot that bill. Therefore, they are all touching on interstate commerce, and we have the ability to regulate them.

There's never been a case ever that looks like this that went up to the Supreme Court. So anybody who tells you they know for sure how the high court is going to rule is not telling you the truth. But this would really be a huge sweeping power grab or grant of power, recognition of power.

O'REILLY: The federal government would become far more powerful than it is now, which is why, what, 28 state attorneys general have joined in to try to get this law thrown out?

KELLY: Get this out. And they're...

O'REILLY: Amazing how many states.

KELLY: ... opposing it for a number of reasons, including the Medicaid burdens it puts on them. We'll know a lot more.

O'REILLY: The overarch is they don't want the federal government telling people of Texas or Florida what they have to buy and what they don't have to buy.

KELLY: The individual mandate is what it comes down to. And then they'll have to decide whether, if they strike that individual mandate, can the law stand?

O'REILLY: All right.

KELLY: Or does the whole thing need to go?

O'REILLY: If -- I will make another prediction. If it is thrown out by the Supreme Court, there will be more cursing by the Vice President.

KELLY: I predict he'll take credit for the whole thing.

O'REILLY: All right, there you go. Megyn Kelly, everybody.

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