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Reagan solicitor general defends ObamaCare

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    Says health care law is constitutional

  • Duration 3:57
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-- while conservatives are fighting to convince the -- is that health care mandate is unconstitutional.

A former solicitor general under President Reagan says.

Don't count on at Harvard professor Charles freed joins us now live to talk -- over -- professor thank you so much for your time today.

Good to be -- All right you are very experienced having argued dozens of cases before the Supreme Court you know how this works tomorrow the pressure that's on.

So let me give you a couple of arguments from the challengers and you can tell us how you would best shoot those down first of all.

Their argument that compelling someone -- to commerce sort telling them they have to buy something.

Is not the same as regulating commerce and you just can't go that far.

Well.

-- -- -- -- Back -- who arguments.

Which show that that's of that argument both of them have been made by very conservative federal judges.

I think the best one is the argument by -- -- in Ohio.

Who said the whole thing about compelling people into commerce which they're -- in is a red Herring.

Because.

This thing that's being regulated.

The thing that people are being compelled him is not health insurance but health care.

And everybody.

Is in the health care market.

In any -- one year 83%.

Of the population.

Is it in one way or another involved in the health care market and -- -- five year period.

Over 95%.

So close enough for government work.

Everybody.

Is in the health care market.

And health insurance is just one of several ways in which.

The -- which -- get.

In the health care market are paid for and that plainly.

Is something that congress can regulate and has been regulated.

For decades.

So that's the first argument which I think knocks -- down the second argument made by judge Silberman.

In the DC circuit.

Is even more sweeping it says.

Just look at the words of the constitution.

Congress has that power to regulate interstate commerce insurance is interstate commerce only Justice Thomas.

Doubts that.

And way back in 1824.

The great Chief Justice Chief Justice Marshall said.

To regulate.

Means to set the rule for this is setting the rule for this subject period end of story.

I think charts buttons argument.

Really is the killer.

Because this is a market every one -- Zain and he just says how you have to pay for something that everyone is getting.

The professor how do you respond to the challengers arguments then that if congress can regulate this that they can step -- the health insurance market and tell Americans they have to buy something.

That there won't be a limit on federal power they can tell you have to work out or eat broccoli -- -- -- and other kinds of things that would make you healthier you've heard the argument.

Howdy responded out one yeah.

It's totally bogus.

Because as judge Sutton pointed out.

Every Brady isn't in the working now market or -- -- market but everybody is in the health -- market.

Or 95%.

Of the population.

So they're not being forced into a market they're not in that being.

Told that being regulated.

In how they pay for things in a market that they are already in.

And are sure the continue to be.

All right former solicitor general under President Reagan and also Harvard professor Charles freed.

Now we know you've spoken -- -- -- many times we will watch the arguments along with you and see what this court ultimately does sir thank you for your time.

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