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Now it's almost certain that the president's health care law will end up in Supreme Court possibly in a re election year.
And today the eleventh Circuit Court of Appeals and Atlanta.
Declared the individual mandate unconstitutional.
This is another appeals court ruling that we're going to be waiting on from the fourth circuit in Richmond Virginia and that case was brought by Virginia Republican.
Attorney general -- Coachella who joins us now.
Also with the US also with us is Texas attorney general Greg Abbott can good to be the exact vote that both and I really appreciate it.
Can to you first you know the reading through the decision today can.
And this is what I found really interesting is that.
Whether or not the individual mandate is a tax or a penalty I can already hear the thunder is hairsplitting coming out of Washington DC and the Democrats and the president on this.
Because -- -- member -- last year the Justice Department filed a brief saying.
That actually it is attacks but the president said it no it's a penalty now watching to to take a listen.
Did this interview that the president had with ABC's George Stephanopoulos take a listen.
My critics say everything's a tax increase my critics say that I'm taking over.
Every sector of the economy.
You know that.
Look we can have a legitimate debate about whether or not we're gonna have an individual mandate or not.
But you rejected its -- absolutely reject that notion.
I can so essentially what's happening here is is that the president doesn't want the American people that think that this is -- tax because that hit the middle class.
And that -- be another president George HW read my lips moment is that -- On on.
Well remember that interviews in September of 2009 when they were still trying to get the bill passed so of course they argued.
That the penalty if you don't buy their government approved health insurance was an attacks until.
We sued them in Virginia Greg and his colleagues sued them in Florida.
-- -- they turn -- and argued no no it is attacks because of the they tried to save the bill with the constitutional power to tax and that has been resoundingly.
Rejected across the country by judges everywhere the taxing argument really isn't even alive argument anymore it's still in the case.
But the federal government has lost it everywhere this whole case comes down to the individual mandate.
And whether that is within Congress's commerce power and today the eleventh circuit by two to one vote resoundingly said that it's not and they used very.
Very understandable language that is a very thorough opinion it's 200 pages long it it it ought to be thorough.
But they said things like and I'm I'm going to quote you one piece.
These types of purchasing decisions the decision to purchase health insurance is what they're talking about are legion.
Every day Americans decide what products to buy where do investors save and how to pay for future contingencies such as their retirement.
-- children's education and their health care.
The government contends that embedded in the commerce clause.
Is the power to override these ordinary decisions.
And redirect those funds to other purposes.
Under this theory because Americans have money.
Because Americans have money to spend and must inevitably make decisions where to spend it.
The commerce clause gives congress the power to direct and compel an individual's spending.
In order to further its own overarching regulatory goals that is powerful powerful -- -- from this court that anyone can understand.
-- let's take you to Greg basically the mandates says the government can force should buy anything -- the judge the judges today and by the way there was both the bush appointee in the Clinton appointee.
-- saying you know what we reject this what did you make of that correct.
Oprah saw good point this is the first judge that I know.
The departed from other Democrats who voted to uphold obamacare this is the first Democrat appointee to strike down obamacare.
But also -- -- court ruling that is a very strong decision in favor of both liberty.
And limited government as general consider it -- -- it was pointing out.
The Obama care really strikes a blow against individual liberty by making people go out and purchase a product.
If this decision is upheld this is going to be one of the greatest liberating decisions that we have seen.
In this -- and secondly and importantly is the effect on the business.
You know so many people across this country are afraid to hire because -- -- that may be subject to the regulations imposed by obamacare right if this ruling is upheld we could see vast amounts of job creation across the country also.
-- what's the next step here.
Well here in the fourth circuit.
We're Virginia's case we're actually heard first but we're going to be decided last among the appellate courts.
We're waiting literally any day for a decision.
At which point will head on up to the Supreme Court and now as you know.
With the six circuit having ruled in the congress and federal government's favor in the eleventh circuit today.
Ruling in favor as Greg properly said in favor of liberty in favor of the State's position.
I'm we have split decision this is gonna goes Supreme Court I'd be shocked.
If they didn't take these cases.
And -- expect that it'll be decided over the course of the next year probably in May or June 2012.
Greg doesn't go to this supreme -- by June it's funny twelve because there -- -- is October to June.
Does it go by that time in an -- an election year and what happens then what at the Supreme Court strikes it down.
It should go there within that timeframe there's only one thing that would prevent it from doing so.
And that is if Obama -- lawyers themselves ask the eleventh circuit to hear this case bomb bomb which means all the judges.
In that eleventh Court of Appeals.
That would be nothing more than a delay of the inevitable we all know this has to get to the US Supreme Court it would be a risk.
Oz do you think what is the event that you think that all of -- -- -- delaying tactic.
I do -- I think -- the united part of their arsenal to delay we've seen that all along and so where urging strongly that we get this to the Supreme Court as quickly as possible because.
We're wasting taxpayer dollars during this to light.
American people American taxpayers deserve to have an answer as quickly as -- And also -- gentlemen the money being spent to launch the insurance exchanges right the funding that's starting to go I think or for that too right.
Exactly all these states are having -- build out their infrastructure to deal with obamacare that would be on the endless taxpayer dollars wasted.
If the decision that from that -- circuit is.
Going to be -- -- all right thank you attorneys general of the Chilean have it.
Really appreciate your time -- and I hope you have a good weekend thank.
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