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-- -- That is I think something where everybody promoters.
Of which you should remove your -- We're just doing what all -- No arms control is extraordinary complex very respectful.
And the only way to get this stuff.
You can consult and build a strong basis.
Understand it won't between countries as well when that happens.
That was President Obama tried to laugh off and then explain away a gap big time -- that he had talking to Russian president.
Earlier in this week.
When he was overheard talking about.
More flexibility after is election the president would go on to -- the press -- For having written so many stories about that as he was talking to reporters and said that they were sort of part of the problem because they did not understand the nuances of international relations.
This is power play I Internet and Chris -- wall.
And it is health -- -- so why are we talking about missile defense.
Well I bet that.
My friend Steve Hayes senior writer for the weekly standard.
Twitter all star Internet heartthrob Twitter hero stuff you're Twitter -- -- get your.
You end up on this list of people that are like go vote this particular.
-- the receivers -- PG BBD.
But the -- for the president.
A lot of what he's talking about now has to do with.
The second turn things will be different they'll be better weather is starting to Medvedev or whether he's talking to the American electorate.
He's very met a second term where he will be able to do the things that he was not able to do in the first part.
One of those things was to pass a Health Care Reform.
That was you've enjoyed the support of the American electorate right.
For idea so it's been it's -- complicated.
Now that you know who knows a lot about the law -- courts and stuff like that.
That is Fox News senior judicial analyst Andrew -- I -- know just a volatile making his debut appearance here.
On the dominant.
Political show on the Internet in the 1130 half hour judge you are are.
Honored -- thanks for being with us it has taken me a long time to get here has been worth the wait.
Perhaps that's where we -- we -- see how you did with Steve on the penal before we were ready to bring you into the Internet glory.
I guess I passed that test 'cause I'm I'm back with the -- team from about fox DC bureau.
Right judge let's start with this question the president.
If let's let's work under this assumption Steve to.
Let's say that today the Supreme Court strikes here's the argument that lays the ground work work in June the Supreme Court strikes down.
The president's health care.
Certainly the administration is laying out some ground work.
-- what they might be where what they would have to do the judge.
Let's start with you if this happens if the Supreme Court strikes down.
What happens next.
Well -- will depend on what they straight down there were only three aspects of -- that are before the court.
11 could argue that the individual mandate is so -- -- to everything else.
That if they strike it down the rest of it won't work economically.
One could also argue that because there is no sever ability clause.
There is no portion of the law which states affirmatively.
That if any parties struck down that does not affect the rest of it.
That that also would doom the entire statute if only the individual mandate is struck down.
But this court has a tradition.
-- one striking down statutes of being narrow and sharply focused.
And striking down only the constitutionally offensive part of the statute.
And certainly only the part of the stature that's been challenged before the court.
Remember this is 2700.
Pages the challenge today is to the individual mandate the challenge tomorrow is set effectively.
To the state interchanges and the and the congressional regulation.
Of state government by force them to do things that they might I'd choose to do on -- around there -- thousands of on the other pages.
At this point.
So my guess is if there is a strike out of the individual mandate.
The court kicks it back to the congress and the congress decides.
If there's enough not struck down that can still be salvageable.
Steve would know better than I how the congress will react to that might -- 200 gas is that whether Republican House at a democratic senate.
They will do nothing and this thing -- struck down or partially struck down by the court will not be resurrected by this congress in this term.
So Steve assuming that -- -- that judges laid out where you have the law wood into extremists by having its core provision right now.
If that were to happen.
And obviously we're not if we can't -- the highway bill in Washington right now it would seem rather -- zero chance zero chance they think happened so what's the political consequence what are the ramifications.
On the campaign trail where President Obama for Democrats Republicans went back.
If the law is struck down the conventional wisdom I think is that this hurt Republicans -- -- -- it creates a sense of less of a sense of urgency among Republican primary voters.
To go out and fight the -- we -- we -- not gonna happen Mitt Romney or whomever the Republican nominee is likely around me.
Out there making the argument that you need to support he needs for Republicans this falling into sports in November because we will overturn.
Obamacare that -- -- -- -- -- think the conventional wisdom do you is.
That really takes away a big argument for Republicans I have a slightly different -- I think actually Republicans can make an argument that.
This president is so radical things that he's tried to impose on the country.
Are so dramatic that even the Supreme Court has said.
This single you know his signature domestic policy achievement was unconstitutional -- Certainly you could expect to hear Mitt Romney make an argument that Obama is bad it being president.
Because this thing yes you know acts do not into work and cannot -- We'll also by the way I think -- would underscore Romney's argument that there's a difference between.
This kind of legislation -- -- that on the federal level that little thing they get up and gas prices are -- question for you.
You hear the spokesman for the administration and for the Obama campaign setting up an argument.
To blame the court and cast the court itself as radical.
If this law is struck down.
And certainly we saw the president in his State of the Union Address two years ago chiding.
And an unprecedented moment chiding the court in person member of the court in person -- for having.
Rendered their verdict on us the Citizens United health care -- campaign financing case.
Is that a useful strategists history tell us anything about the utility of blaming the.
Well yes it does we know how successful FDR was to blame in -- court and the light fully agree with what Steve just said.
I can see a scenario.
In which the individual mandate is invalidated five to four Justice Kennedy voting with the conservatives.
And President Obama saying to the his his -- during the campaign look I tried to deliver for -- I tried to protect you.
But it was unelected unaccountable judges.
All of whom were appointed by Republican presidents who stopped me from doing so I think he will try and make that argument.
Similar to the argument that his idol Franklin Delano Roosevelt made.
When he ran to it and raved against the court to the point every threatened to increase the size of the court that.
Court packing effort.
Did in order to have a more liberal justices there to neutralize the votes of those who work over the age of seven -- voting against him.
The court packing start failed.
To increase the size of the court.
But it did succeed in changing the ideological thoughts of the court as the very same court began to come around.
Two FDR side and then eventually those justices resigned and died.
And he replace -- with people -- own choosing.
The other thing is that the court doesn't defend itself but he can attack the court don't expect to see Antonin Scalia or John Roberts on the stump.
Or on talk shows defending the court they just don't do that.
Well I guess that there goes our power play -- -- This summer.
I judge -- -- after reading -- operate.
-- we cannot thank you enough for making it a little time for us today we're very grateful and I would implore the Internet to follow you on Twitter what's your handle.
You know I don't even though -- -- -- -- guess it's just the like that's what's Matt it's a judge -- -- -- -- got its act judge -- and it's very good and you should diluted net -- -- we we thank you very much thank you guys.
On this question of what happens.
Going forward certainly.
The conventional wisdom has been back and forth on the question the beginnings like this is terrible for Obama now as you -- the conventional wisdom is come back this is well actually it's good for Obama and I argued that it's good for Obama because it takes the issue -- -- as anybody that takes away without looking you do and that's something good will happen in the future.
Is Rick Santorum right when he says that Mitt Romney is the wrong candidate to go up against.
Barack Obama on this it.
Don't know that he's right to say that brown is the wrong candidate I think he's right to say that others would have provided boulder Starker contrast sure enough I -- Mitt Romney can still make the argument that health care -- -- in my view.
Was always going to be in our argument that was largely among Republicans in the primary that's -- was gonna have its greatest impact if -- an impact at all I think.
Going forward there's no reason Mitt Romney can't make exactly the same argument that he's been making.
All along that there's this difference between what we did in Massachusetts and what the president did the president will say.
If yours was the blueprint for -- and Romney will make this sort federally while -- -- way you spend Cuba what did you spend a trillion dollar two trillion dollars in the first thing he will say the first time the president raises this in the debate will be.
We should why didn't you call me weird it's we we know what's gonna be an election even before it happens and that we just try to look -- as it goes forward.
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