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onstitutional Accountability Center Chief Counsel Elizabeth Wydra on day one of the Supreme Court hearings on Obamacare, plus why she believes the nat...
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After the health care debate we bring in legal expert Elizabeth white right now she says the High Court.
Must uphold the law she is the chief counsel of an organization called the constitutional.
Accountability center.
She joins us now in a Fox Business exclusive from Washington DC and to be the chief counsel disorganization I would imagine you know what is in the constitution and how it should be interpreted.
Let's get right to what happened today.
First thing.
Sort of weight upon when they can decide this whether it's now or whether will be in 2015 when they had that the plant takes effect what's your best guess on what they decide on this one.
Yeah absolutely no -- a little bit of a technical issue.
That was argued today but it isn't really important because it gets to whether or not the court and consider that can constitutionality.
Of the Affordable Care Act now.
-- as opposed that you mentioned waiting until 2015.
-- the court.
You know -- justices seemed very eager to use that opportunity to delay a ruling on the merits so I think that.
That means that will be getting a ruling probably by the end of this term that's most likely that would be the end of June and I think that's great news for the American people.
And for state legislators who might represent you are working hard in their states to implement the Affordable Care Act didn't really want certainty that.
This law's constitutional well -- there are two sides there's your side and you're representing as he said state legislators and there are hundreds of them and then there are.
Of course the attorneys general from.
A bunch of states not to mention certain governor so they would like this thing overturned let's get to the key and that is to -- -- To more the decision will be on the constitutionality.
Or at least that way it.
Of the individual insurance mandate meaning you have to buy insurance.
Now I need your opinion on this Elizabeth because we get everybody sides and you of course are -- this this health care law.
-- actually comes for business owners because that's -- we're talking to our business network that some of them may very well say I'd rather pay the penalty.
For not ensuring these people that work for me because it's cheaper than actually implementing the insurance itself.
Are you worried that and and do you see some validity in that concern.
You know I think there is an important difference between whether you think this is a good law.
And or a bad law and whether it's constitutional.
On OK I think regardless of whether one thinks it's a wise policy or whether it was a -- law.
You know it's clearly constitutional and that's going to be what the Supreme Court is going to be considering tomorrow.
Is this law a constitutional.
Exercise of Congress's powers that are delegated to it under the constitution I think is under the commerce clause.
Which you know the health industry as I'm sure your viewers know was nearly 20% of our nation's economy right interstate commerce.
And that's what the court is going to be looking out tomorrow not whether.
The -- have been written better not I don't like it or not Elizabeth is that -- guess is that the strongest argument for your side to uphold the law that it's quote interstate commerce.
You know I think there are several very good arguments on our side fortunately from my perspective I think interstate commerce certainly it's a very strong argument.
There is also the power under the constitution for congress to pass laws that are necessary and proper to carrying out.
It's other -- and George Washington Alexander Hamilton.
Viewed this slot this.
Provision of the constitution -- giving the federal government broad power to enact national solutions to national problems and that's what they did with.
Affordable care -- when you look at a state level for example California New Jersey you're required if you drive a car to have insurance so that if you get an accident.
Taxpayers don't end up paying it I think the issue just becomes you have to buy insurance of people are being asked to get involved in a business decision.
Forced by the -- the by the federal government and us.
I think you know admit the individual mandate.
Seats you solve -- problem that is clearly a national crisis with millions of Americans not being able to afford.
Equality.
Affordable health care.
Since you know that's that's ago.
I think different question -- -- and that's entirely within Congress's ability.
To regulate under the constitution it's congress' decision we shouldn't be seeking a do over of the political argument.
In the courts that's something for the political arena for across the street at the congress.
Not here behind in the Supreme Court Elizabeth why drug constitutional accountability center chief counsel boy it's it's historic and direct they're on the steps thank you very much for your perspective.
All day long we've been giving both sides of this.
