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How will the healthcare mandate affect you?

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    Doug Burns and Marc Fernich on the future of healthcare in America

  • Duration 4:39
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OK very -- Mark for rich and I think that right it did well enough criminal to acquire how to went really -- Furnished like what you burn -- -- -- act -- earnest on Twitter.

-- gentlemen thank you so much for talking to us about that.

You know the Supreme Court basically is ruling is constitutional what they're saying this is the tax issue I mean some say it's -- -- tax issue others say.

It's it's a mandate on health insurance and it's unconstitutional.

Legally speaking -- are we talking.

You know something that you believe the Republicans will be successful repealing due to the fact that they claim that this -- them.

Additional no I don't think they'll be successful in repealing at all I mean I think that this was the right result.

Both politically and more important legally it shows judicial restraint.

Chose deference to the legislative branch and that's precisely what the Republicans claim to want in judges.

To strike down a statute is unconstitutional -- duly passed statute is unconstitutional.

Is the legal equivalent of -- will say.

Of a nuclear weapon.

It's the last thing that a court should be doing it's the strongest.

Medicine there isn't constitutional law and it's a drastic step and it's the court's duty.

To uphold the statute is constitutional if if if there's any fair way to do so and that's what chief Justice Roberts did tonight.

-- well -- and interest in science and doesn't lend itself necessarily to sort of you know the one liners and the sound -- in other words what the court did today is so -- thing is they turn -- and said.

-- we cannot force you to purchase health insurance but by the way if you don't purchase -- we can impose a tax on -- -- to the average person that's essentially a distinction without a lot of meaning -- it.

But to a lawyer it's a big distinction because theoretically.

Mark and I and -- -- understand that.

I'm under the commerce clause you can't tell somebody they have to consume a retainer by a certain product.

That's what's so comical in a sense about all of this because that's what everybody.

Was up pontificating about they can't make you buy it exactly right but by the way they can impose a tax on your tax return if you don't.

That's the ruling I think the other thing I wanted to say is that.

People are a little too hasty to say it's gonna be 54 it's gonna be the typical 44 split with Justice Kennedy deciding it.

Well guess what they were wrong the Chief Justice John Roberts broke ranks.

Joined with the otherwise liberal wing of the court.

And Justice Kennedy aligned himself with justices Scalia Thomas a lead out.

Etc.

in the conservative -- I think it's very interest thing and then of course the other thing is.

-- an analyst -- -- the Medicaid aspect you know they did apparently strike down one small section of the law.

I want that to react to some of our comments that you are coming in line and and I think it's interesting to me.

Gold room -- brought Fontaine Wright's house it's a win for the president and the only reason it was upheld.

Because it was considered tax to something he adamantly denies it to be.

We talked about the fact that you know when President Obama argued that that taxes should not be reason middle class and -- taxing the -- federal.

We had a viewer the -- general here to discuss and you probably -- right.

You know this person is afraid they're going to be taxed higher their income was 45000 dollars a year that's the exact economic group the President Obama had said.

Would not get taxed under -- administration so is he going back on on not taxing the middle class by.

By by allowing for a mandate such as this -- In essence -- the -- -- because -- -- now middle class are going to have to pay higher taxes in order it does all the work.

Not gonna work text America to pay higher taxes if they don't by the health insurance than don't have a place like that either way more money as much as -- I would say in India and and I wanna throw and -- this is what I say to mr.

Fontaine in politics.

In law and baseball.

Yes the result -- with the score was what matters is that the law.

With sustained and the challengers to the law conceded.

That if the law was properly passed this attacks and could be construed as a tax it would be constitutional and chief Justice Roberts very cleverly.

Hoist them on their own petard because -- Actually what he found that well so we at no cost.

It's totally done about clever one ahead fake by the way because when the opinion was released at 10 o'clock Julian this.

You start going through the opinion.

And it says that the the individual mandate cannot withstand scrutiny.

Under the commerce clause so all of the reporters resent the front of the -- it's been struck down I mean I.

-- idea what a head fake and then on another ground same thing it wouldn't withstand scrutiny and then finally they said but -- attacks however it's like.

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