Did SCOTUS get it right on health care?
Were politics involved in decision?
- Duration 4:03
- Date Jun 29, 2012
Were politics involved in decision?
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Justice John Roberts -- -- controversial decision yesterday upholding the Affordable Care Act and specifically the individual mandate.
Robert Tools obamacare is attacks in their four balls -- under the authority of the congress so.
Is this the right decision under that line of thinking joining us right now senior judicial analyst very busy guy jet engine apart -- -- just back from DC.
-- you make the right decision yesterday the sensible decision I don't think he made the right decision I don't think he made the sensible decision I don't think he made the constitutional decision.
Because it basically what he said was the congress can't force you to do anything but it can tax you if you don't do it.
The practical effect is the same so if the -- he's basically unleashed -- -- taxing power of the congress -- -- Congress' ability to regulate you to tell you have to eat broccoli so that you -- you won't get sick and your health bills will be low.
But it but it can tax you if you don't eat broccoli the practical effect is the same usual they understand I understand people who would listen to the arguments almost every minute of it.
So that they barely put up anything about it tax and so when you going to put -- -- argument and the judge says you I got a better argument for -- -- -- when you cases possible well it's possible but it's wrong and the -- point out that effectively the chief justice and the four liberal justices rewrote the statute.
Because the president said it wasn't attacks the Democrats who voted for it said it wasn't taxed the statute itself said it's not a tax it's a fine.
The constitution requires that the tax emanate in the house and ways.
And in the house Ways and Means Committee in the House of Representatives and then make its way to the senate this thing started in the senate made its way to the house so the first time any serious.
Assertion was made that this is a tax.
Was yesterday could it be that he -- want to see this case again so he understands the political climate of the day.
And says to himself I would make an attack what the American people decide in November if they wanna kick if they want to keep it well.
You know I agree entirely with Charles Krauthammer this is a gift for Mitt Romney because viewing this as -- tax.
Makes it even less popular than it is it defies the president's original statements and I'm never gonna raise taxes not a nickel.
And anybody that makes less than 250000.
Dollars a year.
Could the Chief Justice having anticipated all of us.
I don't know but that's the way it's being played out the smoke you know these guys some personally yes tell me about -- candy how he could be so.
You should be so disdainful of this decision in his dissent.
When he's usually the guy and it was something about the job of Chief Justice changed John Roberts.
Well Brian and something about putting a black robe on somebody for life can change everybody as -- -- obviously I -- seven backcourt.
Justice Kennedy who probably wrote the dissent the dissent -- signed by four justices which is unusual.
But it seems like it's his -- refers to the argument has feeble.
Refers to the argument has -- the majority opinion as feeble says the majority opinion basically rewrote the statute.
And uses the word never in italics five times.
We have never done this before we have never converted a fine in two attacks we have never said that the statute is the opposite of what the congress the senate is.
It makes you wonder what the majority.
Was thinking when they wrote this right is gay added to the other -- they had their way the whole things gone not just the mandate correct yes can tell you who's a victory here -- -- -- here.
Governor Chris Christie.
He said the legislature of the state New Jersey I'm not gonna write this.
This I'm not -- enact this health care exchange until the Supreme Court rules the one good thing they -- regarded yesterday as the feds can't force the states to establish these state insurance exchange -- had to be on every twenty minutes of for the next fifty hours he's been that way for the -- Paris where I hide out of that incredible everybody needs a break now they kinds going to -- be careful by the Italians could win the Euro to a 2012 so be careful what you say in the whole world Loescher has Italian judge I'm gonna go with the Italian people in permanently eroded among -- I -- out I have no choice I.