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What happens if Obamacare is struck down?

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    Under scrutiny: Legal analysis of health care reform

  • Duration 3:05
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Discussing health care all morning long in anticipation of the Supreme Court decision expected possibly.

As soon as today.

And every cent box -- 38% of Americans want the whole law overturned.

30% when it upheld as constitutional.

And 21% of Americans want to keep -- -- it.

But in validate the individual mandate so what are the White House's options moving forward let's ask the executive director of the American center -- bought just this.

Jordan secular and he joins us this morning.

Thanks for -- at -- rather that so basically three options here first the law is ruled constitutional and stands as it is.

What is the next -- for the White House.

-- it goes in the full effect that means the only way it would be repealed is by.

A president Romney in the congress so -- hear that discussion starting -- for all the people out there think this is unconstitutional.

The -- would've said no it's not so if you don't like it you can get rid of it but it's gonna take an act of congress and a new president.

Okay so allow the polls say more than likely people believe that this is what will happen and it's portions of the law year old unconstitutional specifically.

They individual mandate requiring people to purchase insurance.

That's -- everybody's very confident the individual mandates going to -- it's too far under the article one commerce power that the government has never been able to force people.

To buy something you know if you buy -- stock that the government can regulate the stock market that you make the decision to buy the stock here they're saying.

We're gonna force you to buy.

Then we're gonna regulated so it's a two step process think that's where Justice Kennedy said if we okay this if we allow this the relationship between individual.

And their government will fundamentally change forever so -- the White House respond to that I mean it that's a blow to President Obama and his administration this would be basically the whole law falling apart.

Some of the popular provisions may stay in the court may strike and down but if that happens you're type an insurance -- premiums -- asked me to go from.

5% to 40%.

Immediately and this would start you know I've -- wanna be paying this kind of so right before the election I think what they have to figure out -- -- the gonna blame the rich.

And do what kind of the quote was are -- hitting it.

You don't want to raise taxes why did you not just raise taxes and say this is a tax -- and go from there because that's what the -- really about.

-- five -- out okay so the third thing that could happen today could strike the whole thing gals start from scratch and -- -- on constitution that's regulate the HHS mandates and these unpopular provisions involving abortion and contraceptives and the Catholic Church fighting back.

That doesn't go.

If it's just the individual mandate that goes if the whole -- goes -- -- the Medicaid expansion.

Would take the whole -- going so there are issues at play here that if the court just says we're striking individual mandate nothing else.

All those legal battles we've been talking about they continue.

But they're also there are some provisions that people like in the -- shares -- -- -- way as well that's that's the issue is how do you keep a preexisting condition coverage.

And coverage for people 126 on their parents' insurance you don't force people into the market that's where the cost goes up.

In the Obama administration actually asked the court they said if you strike the mandate.

Strike the pre post -- -- are right thank you very much for joining us -- -- secular we'll see what happens this week.

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