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GOP vows to repeal health care law despite SCOTUS decision

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    Former U.S. Attorney General Michael Mukasey reacts to ruling

  • Duration 4:25
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Today's decision was a victory for people all over this country.

Whose lives will be more secure because of this law the supreme court's decision to uphold.

That was President Obama last hour speaking publicly for the first time after the Supreme Court upheld his health care law.

But Republicans quick to say they will do anything they can to repeal mr.

Obama's most significant legislative achievement and notes.

The law's mandate now referred to in this court opinion as -- tax is still deeply unpopular with voters turning now for reaction Michael Mukasey.

He's the former attorney general of the United States under president George W.

Bush general welcome back to the program -- to the -- your thoughts on what the Supreme Court did today.

Well.

I guess judging from that last -- the president thinks the Supreme Court offer -- -- cigar.

-- I'd be very careful if I were him smoking it because it's an exploding cigar.

What they say is that this can be defended it only has attacks.

It can't be defended as a penalty because -- it's a penalty it's a violation of the commerce clause.

So it's gonna have to be defended as attacks they also says that.

The Medicaid.

Mandate to the states that is that they had to offer insurance to single people under 65.

Or single people under 65.

Or else face withdrawal of all Medicaid funds.

Is unconstitutional so they throughout that part.

And they kept us.

What do you make of didn't didn't discussing the commerce clause power but to get that some cell -- -- that is helpful if you're -- -- general.

But it's -- everyday he would get to school bit for a -- Allen has hit a sir thank you.

What do you make of the fact they even touch on the commerce -- issue because you are saying -- before they actually didn't have to go there but they did it.

Good -- hard.

And that I thought was was.

An extraordinary part of the opinion and a part that makes it impossible to defend it as an exercise of the commerce -- And so now does the congress have.

Less power in some way to regulate our lives because of this decision or does it amount to -- -- -- -- if.

Not nothing burger they've -- less power to regulate our lives under the under the commerce clause which is where -- regulating them for substantial part.

Modern times.

And this also now raises the debate about the taxing power.

How far they can go under that power on what it is they can do.

There are people who say that they can spend.

Money for anything that promotes the general welfare that's one view of of article one section eight.

Another view is that they can spend only on things that are enumerated in the numbered paragraphs in article one section that's a debate the court didn't get into here because nobody raised.

What do you think as the former attorney general United States about what this does to the courts.

Reputation and and whether this helps our undermines.

The argument advanced by some that it's a political body.

And needs to be -- an issue in an election year.

The way judges are selected has become political.

That's in large measure because of issues that the courts have taken on the people -- the courts but -- political branches have avoided it's been kind of a two way street.

The political branches don't want to decide issues they let the courts decide in the courts open up and say give -- -- issues.

I don't think this is go into effect.

Or should affect -- a negative way any view of the court.

I think if you.

-- I'm Roberts -- cherry are people out there I don't know right or not I know I know read the opinion.

Read the opinion -- Judges once they get there.

Do what they do on the basis of the law that they set forth in their opinions that's all they got.

And when cases get to the Supreme Court they get there because this Sunday that he set on both sides and -- to be set on both sides here and it got -- in several.

Pages and it's -- -- -- paper and in in my briefcase.

So I don't think it's gonna hurt.

His reputation -- -- north course for you today.

General occasion for -- go any thoughts you want to share with -- on the sitting attorney general possibly being held in contempt of congress today sir Isaac Newton.

Had to ask understand that it had asked you know -- sir thank you so much for being here.

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