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On Fox News alert the US Supreme Court will consider a legal challenge to the new health care law passed last year opponents of that law.
Say it -- -- the boundaries of government power Bill McCollum.
The former attorney got all of Florida his case he is the one being considered by.
The High Court and general McCollum a good to see I know you're pleased about this because they took your case but.
You had a big step back last week when two very conservative judges.
On the DC Court of Appeals upheld the individual mandate how worried are you.
That that may influence the High Court against your position.
Well obviously there are several decisions have been made and judges have come out different ways in the lower courts we won.
Both in our federal district court and we won in the eleventh Circuit Court of Appeals.
With the Democrat appointed to Clinton appointed judge going our way saying that it is unconstitutional and judge Silberman last week ruled that it was.
The other judge didn't actually ruled that it was constitutional he simply said that -- he didn't think it should be decided right now that -- To postpone this -- 2014 so.
There are a lot of variations in here as far as they -- these judges are ruled by what I think's important about it.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- The right to be free from federal regulation is not absolute and yields to the imperative.
That congress be free to forge national solutions to national problems no matter how local or seemingly passive their individual origins.
But general -- since health care is about 20% of the US economy clearly impacts interstate commerce.
-- -- basis isn't judge Silberman right congress has the authority to regulate.
No I don't think he is but of course that's what the justices are gonna decide next June after oral arguments in briefings and so on -- what the -- issue here is whether the -- in the individual mandate that requires your -- by -- health insurance policy or pay a penalty.
Whether the commerce clause which is what this is all being decided under it doesn't have any limitations how part -- ago.
Can you passively he used the word pass it no matter how passive.
Most judges I know wouldn't begin to go that far in fact the Supreme Court has ruled in other cases recently.
That there is a limitation there are limiting principles to the extent to which.
The interstate commerce clause can go.
The Justice Department's argument is this -- argument he just bought it.
He just simply said look it's so big health care so large that we're gonna have to we're gonna have to let this go it's not unique though health -- is not unique you've got.
If you want to talk about cost shifting which is really the argument in the Justice Department's case.
And the impact of -- not buying health insurance policy on everybody else you've got people who don't pay their debt their credit card debt that impacts everybody else a look.
You mentioned alluring -- -- -- there is precedent and you're familiar with these two cases.
The weaker case in the Gonzales case.
Which was a recent one on which the High Court -- the right of congress to regulate even personal activity if -- -- -- It has that impact on interstate commerce doesn't the fact that there are millions of Americans who go uninsured.
Doesn't that impact.
Health care cost and -- Commerce.
Well in theory of course it does it mean everything you do his economic activity just about but it's a question up are you active.
We've never had a Supreme Court ruling in the past never.
Where the congress was determined to be able under the constitution to require somebody.
To buy a product or -- service that's very unique in this case and a very unsettling extension if they do extended of the commerce clause in addition.
You and I can sit here and list together as I started and I turn and I -- -- all of them literally hundreds of ways in which passive.
It in activity teacher would impact the economy well -- is is it right under the constitution for everybody be able to do that and then the other big question in the Florida case.
Not decided not in any other cases.
Is whether or not the Medicaid.
Medicare provisions under the Medicaid provision I should say our constitutional either they coercing the states are they Lipitor or not divided tenth amendment that would have you -- I didn't Anthony Kennedy's the swing his former clerk.
Who is -- -- law professor George Washington -- curt says he -- based on.
Kennedy's past writings he's gonna side with congress and the president on this we'll just have to wait and see Bill McCollum former.
Former attorney general Florida at congratulations they took your case and I know you're optimistic we're glad they did thank you --
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