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-- to the Supreme Court showdown over president Obama's health care law and today heated battle over the individual mandate.
Can the government forced you to buy health insurance and if yes is there anything the government can not make you buy.
Define the market that broadly.
Health -- it may well be that everybody -- health care -- -- but not everybody needs a heart transplant.
And everybody needs a liver transplant.
What's correctly doesn't believe what you never know what to do what could you do tours market ever everybody has to buy food -- legacy defined the market as -- therefore everybody's in the market.
Therefore you can make people buy broccoli -- That's it's quite different.
It's quite different.
And rob Andrews helped write the health care legislation.
Greta usually better to have you -- who has ingenuity it remotely as nice to have it I had to start this is that there has to -- interstate commerce said that.
That they and the federal government can't get -- -- interstate commerce that right.
That's correct okay.
Can you attempt to paraphrase what one of the justices has -- and it is can you force someone into commerce so that you can then regulate the first.
I don't think you can but when someone's in commerce anyway.
Because they use the hospital emergency room if they need arises.
Then the cost of their care.
Is either borne by them as a matter of individual responsibility.
Or borne by the rest of the community so the persons in commerce already.
So by the hypothetical that most of us are likely going to need some health care some time -- in some -- Patio sounds to have -- you have by a truck tomorrow there's no health care involved.
But for the most part is the government's theory that that there at some point in our lives we are going to need health care probably.
Therefore affects interstate commerce and can be regulated by the federal government.
Yes and it imposes.
A responsibility and our neighbors if we don't choose to take that responsibility ourselves that a person who says that.
I'm gonna opt out -- buying health insurance for myself.
Is in effect saying that should they needed in that emergency situation that taxpayers and other premium payers should should go pick up that tab now.
You can argue that that's a bad policy decision.
But I don't think it's beyond the constitutional authority in the duly elected a legislative branch and the president.
Is this something that big government as -- -- limit to the government's power and that's.
Yes there as I I think the limitation is.
If someone's not going to engage in the use of a product or service and certainly can't.
Penalize them if they don't buy it so for example.
Someone may never play baseball or never be interest and in baseball.
So forcing them by a baseball ticket would be an opposite would not be something that that would make sense and would be on the power of the government on the commerce clause.
So if hypothetically if I signed a Paper saying I refuse any medical care I know one good day for the -- but don't pick me up and AM -- don't do anything at all would that.
Fall within something that -- -- then be forced in gifts and we've got to be forced into the commerce you know it.
Well there is a religious exemption into this you -- there's someone as a matter of their religious faith.
Believes that refusing health care is it's a matter of principle -- -- permitted to do that but if it's not a matter of religious judgment.
Then no he -- because you would be visiting this cost on your neighbor.
You'd be subject which by the way is why.
And Newt Gingrich and Chuck Grassley.
And Bill Frist.
And a lot of good conservatives originated this idea because it's a principle of personal responsibility.
Didn't -- -- earlier discussed I have an attorney general of Texas about how had this been called a tax at the outset.
And instead it was really politically unpopular nobody likes to raise taxes.
But head of -- headed achieved a different -- way you could have.
Achieved what you wanted in terms of an individual mandate without now having this battle the Supreme Court.
Why am I wouldn't accept the premise that it's not attacks the the the mechanism to to collect the penalty.
Is through the internal revenue code is not affected that was just not only is it.
Actually but every week from the very gamely go back of the tape after tape after tape that we heard from all the leaders know this is not a Texas is not -- text so it's sort of hard to sell the American people you know ignore the YouTube tapes as -- were calling that attack.
But period of years but here's the legal reality.
A person who does not.
Assume responsibility and buy health care.
Pays a penalty.
Penalty that sex it up and collected buck a penalty is -- -- attacks.
Collected by the Internal Revenue Service I and a person who does buy health care receives a subsidy through their tax refund.
So this is a tax mechanism that's used and.
I don't know that got so it hasn't I don't think it Texas defined by who collects it.
It's defined by what it it was beautifully and Internal Revenue Service collective penalty doesn't -- suddenly converted into attacks.
Is there any other penalty collected by the Internal Revenue Service is not called tax whether why -- you call attacks why didn't -- in the I didn't I noticed I don't think I don't constitutionally it makes a difference.
Well I I don't know what the Supreme Court -- decide on that I don't either.
And it rog it'll learn by the by the end of -- and -- In our program I -- think this one thing I think that truly conservative decision here would be to let the law stand.
To show deference to the elected branches and then what that.
People signing an election you know what not to let your people decided to test and that is you guys pass a law I probably read it.
But didn't get cigarette -- it gets shipped out to HHS innocent like -- -- highly thousands of rules.
That are being created and implement the fact all of us at elected officials are not making and I estimates of the -- this is done.
But don't mean the elected officials are not the ones who are actually writing this law that are -- -- I would disagree -- that the elected people made the decision to have the employer mandate to have the benefits package.
They had to close the -- hall to eliminate the preexisting not just condition discrimination that.
I think the court will and should.
-- to the elected branches of government and -- this matter be decided by a 130 million voters in November.
Not nine justices in June.
I will -- -- what happens come June and dad.
Well I'm sure a lot more time talk those kind of good thank you sir I look forward.
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