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The chairman of the Senate Judiciary Committee is urging the Supreme Court to quote do the right -- Senator Patrick Leahy demanding the High Court uphold the president's health care law.
From the senate floor he directly addressed Chief Justice John Robert.
I -- -- will be Chief Justice for all of us.
And that he has a strong institutional sets.
The proper role of the judicial branch.
Given the ideological challenge to the affordable care from the extensive supported -- He'd be extraordinary for the Supreme Court not to defer to congress in this matter and this so clearly.
We'll just last month have.
President Obama was accused of trying to intimidate the High Court.
Is that what senator Leahy is now doing senator Mike Lee also sits on the Judiciary Committee he joins us like senator thank you for your time tonight.
I think you.
-- what did you make of these comments by senator Patrick Leahy -- he took to the floor they were very direct it lasted my understanding more than ten minutes and he directly address the Chief Justice.
A number of times almost it seemed like throwing down -- gauntlet.
Well you know most of the time the team that's yelling at the refereeing is the team that's losing.
What's extraordinary about -- circumstances that the team yelling at the referee hasn't even lost yet but they recognize that there about two and they don't like it.
And so they're yelling that's what this says.
I I respectfully but very strongly disagree with mr.
Leahy's words and I think -- that this Supreme Court is going to invalidate the Affordable Care Act and it should.
Because it's unconstitutional.
Well I'm gonna tell you I was sitting just feet away from him during the -- that the individual mandate was argued I know that you were in the courtroom as well.
And wind -- excuse me justice Anthony Kennedy started to ask some very probing questions into expressed some doubts about the mandate of course he asked tough questions on both sides.
But we asked those first set of questions senator Leahy edit it appeared to be almost sort of side or grimaced at that point.
The -- of those who support the lob winner in a little bit of trouble.
There are others -- speculate that maybe eighty senators maybe the White House no more there may have been a leak from the Supreme Court that tipped them off.
How the justices have voted because we know -- -- -- voted.
-- they're still working on the opinion what do you make of the is speculation that there could have been some kind of -- Well you know what I don't know quite what to make about it that it leaks at the Supreme Court are as you negotiate an extraordinarily rare.
I don't think they had to have a leak to know that there were likely to lose in this case I mean if you read the briefs and if you sat through the oral argument.
As you and I both did you can tell that -- the Affordable Care Act is going down in flames.
Game and it's doing that because it's beyond Congress's power to tell individual Americans they have to buy health insurance.
Clearly that's not -- your colleague senator Leahy at -- here's part of what he had to say -- talking about the court and whether the justices decide to uphold the law or not.
He said the conservative activism of recent years has not been good for the court he was talking about.
This in these remarks to the chief justice and he talked about an activist majority and the fact that.
If these folks said decide against the health care law -- -- activists is that proper characterization of what they would be doing in making decision here.
No it's not and for that reason alone I usually shy away from the use of the word.
Activist and because -- who we have to remember that it's the court's job to decide cases that are brought to its attention.
That are brought into the court's jurisdiction.
And a court that refuses to invalidate an unconstitutional law like this one.
Is every bit as bad as the court that invalidates a -- that is constitutionally just fine.
Either way you have a court that's not doing its job it's doing something that it shouldn't be doing and both are equally reprehensible.
Okay want to ask you about another set of lawsuits that has been recently filed twelve of them.
Encompassing 43 plaintiffs a number of Catholic institution -- fighting back against the HHS mandate that would require them in some ways to cover.
In insurance services that go against the tenets of their faith when it comes to birth control.
And things that they consider possibly causing abortions after -- conception.
What do you make the lawsuits it was obviously very coordinated effort to do you think the administration under estimated the response that we get from.
The Catholic church and other religious groups.
I think the administration certainly made miscalculation here.
Eight in taking they truly extraordinary step of telling religious institutions.
How they have to operating and that they must operate in a manner that is manifestly contrary to the tenets of their faith.
This is governmental hubris at its height and it demonstrates the fact a lot of people in government who want bigger and bigger government.
Are unwilling to recognize that some people live according to a higher law they're unwilling to have anyone else operating under a law higher than that imposed by government.
That might be the next trip to the Supreme Court senator really we always appreciate your time thank you.