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Fox News alert now Supreme Court date to arguments have just wrapped up in Maine health care overall case what did the justices think of this law that will touch.
Every American Shannon -- was inside the court she is now live outside.
With the very latest for Shannon.
He died just stepped out an all live day of course that -- debate the individual mandate.
We're on justice Anthony Kennedy often viewed at the swing -- that crucial fifth vote that either side will need to win he wasted no time.
Within a minute or two of arguments starting he asked the question why -- my failure to purchase something.
Forced me into a market and subject me to regulation it seemed to be the question.
That is the point that the conservatives and those challenging the -- -- making all along -- compelling if someone -- the commerce is different -- regulating something already in -- he also expressed concern that -- -- would fundamentally change the relationship between individual Americans and their government he has always been a big supporter of individual -- and he seemed to have great concerns about what the health care law would -- -- individual choice in this country and the relationship that individual Americans have -- -- federal government you would expect many of the conservative justices including mostly led by Justice -- on them were very hard -- Gary -- and its mandate and asking where in the -- do you draw the -- if you allow that.
But a number of the other justices including just -- Kagan is the newest members of the court justice Ruth Bader Ginsburg said.
With and people are in the health care market already whether they want to be or not when they choose not to purchase insurance they drive up costs for everyone else that this is an existing market -- Aimed at a directing.
Big fifteen commerce it's not creating new commerce.
But that would appoint the two sides clearly do not agree on but again a lot of attention -- Justice Kennedy today and I gotta tell you off the bat.
Although we cannot predicted maybe he was playing devil's advocate an act.
He needs attorneys to convince him once and for all he seemed to have great concerns about allowing the mandate to -- -- -- -- well and our producer Lee Ross -- also I guess in the courtroom there with you writes this from Justice Kennedy perhaps in answer to justice Kagan is question he he apparently asked the question can you create commerce to regulate it.
That was clearly one of the biggest arguments of the day a point that went round and -- these two hours argument both sides had to address that.
And again this -- -- -- a lot clearly think that they're not creating anything at this help market -- bet.
But I want -- justice Stephen Breyer viewed as to whether -- more liberal members on the court.
He asked the question what about somebody who was born they don't have health insurance there immediately thrust into the market they're going to have health care costs whether they choose them or not.
The attorney arguing for the -- that that -- look at and that that's absolutely my concern is that what you're suggesting if someone simply by being alive and being born in America is thrust into a market -- regulated he said by that by that estimation by that example congress can regulate you cradle -- -- -- every choice that you make every -- you do or don't make.
Simply because you're alive and -- that congress' power should not.
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