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Health Care Law - Supreme Showdown: Two leading attorneys general outline cases against national health care law and what's at stake
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As it doesn't just land in the Supreme Court there -- months even years of battles in the lower courts -- next two guests have been leading the charge against C health care law.
Florida attorney general Pam -- in Virginia attorney general Ken could -- -- -- -- both -- them.
Good to be with you -- breast center.
-- dating Pam first to -- I'm tell me how.
Your expectation no doubt is that it is going to be reversed but I'm curious in the event it is not reversed what plans as Florida have.
Well Greta I mean it's gonna it's gonna be a disaster of course it's it's not it's gonna drive.
Millions of people into substance not subsidize.
Tax Payer federal government.
Regulations and coverage it's going to be a job killer for millions.
-- -- its it's going to be disaster for Florida but we are hopeful it will be overturned.
What we're we're very hopeful and -- -- -- is -- is sitting here thinking about it Greta.
This and that the question of Obama care is truly a microcosm.
Of the upcoming presidential election if you think about it.
Do we want to live in a federal government regulated society or do we want to live in -- society of individual liberty and freedom and that's what it's all about.
Attention -- -- if the Supreme Court declares in the mandate provision in this very lengthy bill.
Unconstitutional.
What happens to the rest of the because as many many of the provisions have the least predictable part of this case is the remedy the remedy was.
What do they do if they find the mandate unconstitutional.
Where I can look at some of the case law of fives -- five longest serving Supreme Court justices and see what they might do on the mandate question.
What they would do in the remedy is much -- up near in the oral argument was very helpful in that respect to really look like.
A number of the justices were taking strong positions.
Include to clear out the whole bill.
And Justice Kennedy had a back and forth with -- -- for the federal government.
We're neither was trying to say look -- take as little as possible and justice Kenny said you know I really think that to be respectful coequal branch congress.
We really need to wipe the whole slate clean send it back to congress to start over neither argued with a -- -- to set I don't X I don't accept your premise.
So there's a strong possibility.
And obviously it's what -- and -- are hoping for that if they find the mandate unconstitutional they will also.
Rip the whole law out and then people like Pam and I and a lot of others are going to be watching like hawks to make sure all the pieces come out.
You know I don't know how Canada and I put this to -- if the Supreme Court strikes the mandate is unconstitutional.
I don't know how the Supreme Court does anything -- throw the entire bill -- -- entire lives.
Because as -- -- -- there's no there's no there's several ability clause which is something that is routinely put into the statute so that the so that the court can strike different parts of but the rest of the schedules -- In my in my right but there's no several ability closet is I think that's a killer to the statue was a Supreme Court -- -- Some -- a wild idea why it's okay not to put an end.
And Greta more than that there was -- -- ability clause in the original draft and it was removed.
Said there isn't -- -- ability closet -- absolutely correct and you know what -- said regardless of what happens this -- this debate is longer from over.
Either we get back to the drawing board and -- we we find -- health care system.
That is legal and ethical and constitutional.
Or if we don't prevail then it's more important than ever to elect conservatives and office right now.
And what -- curious that you heard -- -- York and see your case is in the Supreme Court been argued and viewers said.
Had general cushion LA it's in the Supreme Court you have a separate Virginia was a little different track what's different about yours.
Ours in the fourth circuit -- humanity eleventh circuit the fourth circuit.
Rejected -- on jurisdictional grounds which you know means they wouldn't get to the merits.
Virginia has a law.
That is older than the federal law that says.
No Virginian to me ordered to buy health insurance against their will and I dared to that we should say I shall be thirteen.
The legislators were targeting this -- prospects for the federal legislation and and so that out and -- let -- put in place.
And what the fourth circuit said is we didn't have the right to defend our law against the -- constitutionality.
Of the federal no appellate court.
Including the Supreme Court in the history in this country.
Has ever told a state they didn't have the right to defend their own loss so that's issue you're asking the Supreme Court decided in your case yes -- we'd like to see is the Florida case.
Rules obviously there's legislation ruled unconstitutional because of the mandate.
And then to apply that ruling to the Virginia case which would effectively overrule the fourth circuit.
Then then we that we tie up everything in a -- right there.
High end -- -- -- view that they cleared the decks because we're sort of sitting on Tanzania's all of us one in which way -- you know when the decision is gonna come down and then which way it's going to be but you -- -- just like on standby waiting to possess and the state can't -- and they missed seven limbo right now what -- But we all are and then ten and I spent yesterday of course we -- -- I think all the states are landowners Florida along with 25 other states.
And again we went up there with the best opinion in the country.
So we can only hope for the best Greta and I know any day now but you know what regardless we need finality and we need to move on and we need -- resolute.
Into this issue.
Well I think we're gonna get on very silly spy July 1 system -- between now on July 1 we don't know sir I thank you Brian thank you both coming out and -- and a shout black men say she will.
