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Health Care at SCOTUS

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    Chris Stirewalt, David Mercer and Scott Jennings discuss the latest news from the supreme court.

  • Duration 9:31
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-- the government -- saying.

That the federal government has a duty to -- -- individual citizen that is.

What we have -- The federal government through the individual.

Very fundamental way.

That was swinging the Supreme Court justice Anthony Kennedy talking to solicitor general Donald -- really.

In what is the rhetorical equivalent at the supreme court -- a body slams duplex.

And this is power play Internet and -- Court watchers were stunned yesterday to see the line of questioning from the justices particularly Kennedy who is most likely the deciding vote on the future of president Obama's national health law as they strongly question the government.

On whether or not our congress had the power to tell Americans that they have to buy health insurance are being rolled in a government plan.

So this this warriors forward.

And we will -- forward on the subject today I can promise you that later on you'll get to talk to Mary Katharine Ham.

You like her your big fan of hers I know that Internet I've seen your tweets I know how you role she'll be here you can talk to -- we're gonna talk about the 2012 race we're gonna talk about this health care law we're gonna talk about the political implications.

And helping us to do that welcome to the -- Scott -- he's a former.

Campaign advisor to George W.

Bush -- -- a Republican he is from Kentucky and he is a Louisville -- as the civil war wins Kentucky and do.

Yet again and David Mercer you know and like him Internet maybe not like and Mary -- and kind of made it a -- way.

And he's probable -- beltway.

OK guys.

So let's just put in perspective -- -- was anybody here lawyer.

No good perfect now we can't talk about the law without fear anybody saying actually what I look at Yale to go in order -- -- and Holiday Inn express okay.

I just so the question as.

It's certainly.

Donald relayed the solicitor general had a very rough.

Today yesterday the justices came out even Sotomayor.

One of president Obama's appointees this was seemingly scoffing at the notion that what was being proposed here inside the mandate was not transformative thing it when they -- -- this is just attacks or whatever.

Even Sotomayor was like do.

Seriously you know so how does this affect.

Since we don't know anything about the loss got -- -- -- how does this affect the national discussion.

Clearly what happened yesterday.

You're seeing this morning Democrats already reacting you -- -- James Carville out this morning -- spinning it saying no the best thing that could happen to Barack Obama is for this to be struck down five to four.

You see Harry Reid out already saying oh I think I've heard politically this is going to be a wonderful thing for the president's reelection campaign so obviously.

They're already -- politically reacting to what they clearly must have seen as a terrible day for the government's argument.

And for our side I think that Republicans if it is struck down even if it is on a 54 decision Republicans are gonna say this -- swing for the fence idea.

Two thirds of the American people want it repealed and the Supreme Court found it unconstitutional.

I was -- effect -- you can't take all of our.

That's a -- animal we have a long way to go here.

David -- so on this question of what's good and what's bad for the president politically let's say that -- commission I think that's CNN's Jeffrey Toobin.

Actually had a mild stroke when he came out.

Talking about what I mean he was as usual Andrews next book deal right yeah there's a dark.

How well the questioning was -- so let's say that it's the wisdom stands.

And the mandate is struck down.

At least the mandate if not the rest legislation.

What what is the political can't -- Two things one and I don't think the mandate we can call it dead on arrival of their three days of debate we're going into the third one now.

We also -- Robert's question -- Which found that both of the mandate and the tax.

Was actually a choice if you don't -- in health care than you do pay a penalty for.

Soon we have to see what happens when they do you suppose the conventional wisdom -- -- -- and then I'll get to that effect is a case I think we'll hear more of what we just did which is.

The -- look I fought the best fight I could -- Were into a bush gore Supreme Court.

That's not it won't get like we see now -- and teachers and firefighters and everybody on the streets because.

There my and they've been cut back in Wisconsin or Ohio.

Their collective bargaining now its health care I think that will bring droves of democratic.

Base voters out in reaction to the Supreme Court and then we'll have a -- on our -- as we've all anticipated an election that's going to be very close.

So here's -- I wrote about this in my power play which you of course can have for free for nothing.

That's where the electricity that it cost you into the -- that -- burned to download that you can go to Twitter and follow me acts -- -- -- And you can get my power play every day just for you Internet -- so fond of you.

So as I -- today.

You can argue you can as as they say you can -- -- flat for you can preach it round.

There's good and bad in an outright win or an outright victory.

That if the president is is turned back completely in the law struck down there's good and bad and -- form and the same goes if it's -- now there's good and bad.

The one thing that I -- today is.

Definitely bad for the president is if they let the rest of the law stand.

But pull out the mandate at which point it becomes before it becomes a rescue operation and that's what the court is arguing about today the -- the are -- -- to court today is.

Can you divide the law.

In strike down the mandate.

But let the rest of the -- stand which then it becomes I said today zombie legislation it doesn't have a way to go forward Scott.

And -- tell me I'm right.

Well -- -- one of the larger issues in the campaign is going to be that the massive increase in the size and cost of government in the last three years.

And so to the extent that -- you just say it makes the government on the hook for.

The -- that they can no longer pay for it on top of the fact that when they passed it remember they said one trillion dollars now we find out the cause is more like two trillion.

I understand so yeah that's in terms of if but while David maybe you helped.

The president -- then immediately have to turn to the issue of what you were -- the mandate with.

You replace it -- a government run insurance program Democrats called public option.

Do you replace it with a new tax single Payer.

But what -- program do you do you replace it with a tax that pays for a subsidy to keep it going none of these are politically attractive options right.

And we've been through this whole run.

Four years and it was not fun and if I might point out from 1994.

When she she proposed as a Republican it is the mandate individual mandate safety and Romney -- now the least popular governor.

It is an independent in road and I'll actually sort favorable Mitt Newt Gingrich supported through the our individual mandate The Heritage Foundation before they took it off there website because I supported individually -- -- there so I assume that iron media I'm just going out some irony here but with regard to what do you do we have a 130 million people.

Who are -- now receiving insurance with preexisting conditions question is what happens -- those.

The point I'm making -- Moving -- you -- -- we have -- 130 million people who have the reason things are covered by insurance that is for those people the vast majority of those people didn't have a preexisting condition when they got to ensure that it won't.

Or no law has not brought our eyes not brought -- 130 million people into it sure could be he has covered that they don't have to worry of offerings is a -- about it if something assets that is.

Absolutely correct but -- -- -- where they were -- soon should vet with a -- uncertainty hopefully as a force for us to find a solution what that solution is because we've hashed.

Through these -- options that you brought up from single -- to.

Public mandate whatever it may be.

Com -- public option and so I don't know what the option would be for.

Fill in the void on an individual.

Yeah it's got David knows better than to talk about real policy on.

Defending their where you're you're here to talk about cynical politics that is get your gear.

We will leave -- -- leave high mindedness to decent folks.

On the question.

How this affects the election.

President Obama what.

Whatever it nothing's going to pass this year they -- a mandate out of this -- nothing's going to pass this year obviously so it becomes a referendum on.

Health care plans right.

I totally agree I think the elections largely about three things the economy energy prices and health care and in for Republicans health care as a subset of the economy let's not forget.

Constitutional arguments aside one of the main problems in this country's unemployment in many small businesses will tell you I can't hire people until I know what happens -- the health care law.

He's so to the extent that Republicans could make the argument that this whole health care debate -- side -- the recovery.

It's -- it's another direction they can go to try to to try to make it a real terrible referendum on the president's term and we.

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