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Former Gov. George Pataki, (R-N.Y.), argues the health-care law is unconstitutional.
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Any day now if and when the Supreme Court -- will enter the Obama care fight.
The White House has asked the court to -- and so it's likely they will.
The nine justices met today and could decide as early as tomorrow more likely Monday on how to proceed -- -- critics of Health Care Reform get the victory they've been seeking.
Joining me now former New York governor George attack -- He served as honorary chairman of Revere America a group dedicated to repealing the Health Care Reform law governor welcome back.
The show division with the again -- we expect -- the spring or I think they will take it up there are number of court decisions around the country that have divided on whether or not -- constitutional as you indicated.
The Obama administration thinks they should hear it.
So I think tomorrow we're gonna find out that they are going to hear -- and I think that's a good thing for policy think it is both unconstitutional.
And wrong for the American people.
The big surprise though in a Washington appeals court was Laurence Silberman.
And it at appeals court judge highly regarded.
Very conservative.
Not agreeing with conservative -- on -- constitutionality.
This -- he said this the right should be free from federal regulation is not absolute.
And yields to the imperative that congress be free to forge national solutions to national problems.
-- know you've got a big problem.
-- I don't think so it has yes it's surprising Dutch Silberman is very highly respected and conservative.
But he also I believe felt bound by a decision from the thirties.
That upheld.
AM provision -- -- -- should have been upheld in the new deal.
That's it for farmers producing.
Grow sweeter corn for their own use speak -- subject interstate commerce -- as a conservative I think he was bound.
-- he felt bound by that earlier decision -- want our I think Supreme Court -- feel the same well I think the Supreme Court.
And tourism as one has I think the Supreme Court as the highest court.
Doesn't feel itself necessarily bound by prior decisions of the same court the Supreme Court is superior to the court the -- -- government -- -- and he.
Would defer as a matter of conservative principle to a higher court's precedent.
The second thing is I think he can distinguish because in that case as wrong as I think it was decided they were saying to someone producing something.
Well -- mean if you produce it in violation of our regulations of violence interstate commerce in this case.
It's not a producer it's a consumer it's the individual saying I don't want this by making them buy something which is different I don't think that's regulation I think that's imposition.
And I hope the five justices of the supreme courts now have.
What we know you're on record as being against obamacare -- think the justices will look at what happened in Ohio and Election Day as when Ohio voters said.
Yes let's not have obamacare they put in place a plan that would disallow.
The federal mandate to buy insurance.
Big change big decision will the Supreme Court listen I don't.
Think they will at this point because now it's all bad interstate commerce and it's not about what states have to do or not -- I think it is an important vote the -- Ohio vote for two reasons one it sends a clear message.
That obamacare is still widely disliked and people don't -- and imposed on them and the second is that there's another constitutional issues.
Because obamacare requires the states to do things like expand Medicaid create insurance exchanges.
And there's a question whether the federal government has the right to dictate that the state governments have to do that.
But that's a separate constitutional issue I think it will be heard but I think that's much further down -- -- so.
So you have other constitutional issues waiting in the wings with obamacare that haven't even been heard yet are you bringing -- -- Well let me I think there are other so it's still out there of the attorney general of Missouri has want.
That is based on states' rights and the and the fact that Obama -- doesn't -- all these mandates on state government how can they do that under the constitution that's further down the road.
The the case that I think the Supreme Court will decide tomorrow.
Is whether or not the federal government can impose this mandate on individuals to buy something they don't -- Well and and the case you were just citing I believe it's your organization.
That is finally where -- -- -- attorney general of Missouri that's gonna ask you this though because one of the issues is in the campaign seems to me that every Republican candidate out there says.
We're gonna get rid of Obama care we're gonna repeal it it's not that easy how can it be repealed.
Well -- it's not that easy but I think it can be done.
First of all you need funding second of all that I think if they recommend for awhile.
There's a great deal of funding that has to be put in place and only a moral made -- obamacare and of the house still has the right to determine that -- The second part of it is that you have a broad consensus both among the American people.
And even the bipartisan consensus in congress that major parts of obamacare should be repealed.
Such as.
The class system something that was aimed at providing.
Nursing home care short of nursing home for elderly citizens that everybody -- -- more.
So there are going to be a parts of obamacare repealed I think you can and act to repeal the whole thing and as governor -- is said.
President.
Can grant waivers and he has said he will grant a waiver to every state in the country and that effectively.
Would nullify Obama -- they want also there's still there.
I urged -- -- said he is C do well expect every state in the union to say we don't -- Obama -- home.
But if they choose to do it.
I think that's that's their right.
But they don't have the right to impose a tax and everybody in America to pay for their program.
Well and of course as we've said many times it's going to be a lot more expensive than any but he can even imagine right now.
It's going to be -- that we have a trillion and a half dollar deficit now this year at least.
It will make that look small that's allowed to continue for the next ten years.
Well governor attack and thanks for coming on tonight interesting conversation and we will follow this with relishing got to come back and talk to -- banking period.
