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Day one of -- records arguments over the new health care law wrapping up just a few hours ago Virginia attorney general Ken -- -- -- was actually one of the -- first.
He was inside the courtroom today and he's joining us right now and you in a Fox Business exclusive.
Well you've been at the forefront of being against this law let's get right to your impressions of what you heard and saw today in the courtroom.
Well today they covered what's called the anti injunction act I jokingly referred to as the boring day but I wouldn't I'm -- if that it won't be boring if they -- the anti injunction act not to consider anything else.
This is the ironic thing about this part of the cases the federal government and the states.
Agree on the outcome here and that is that the -- injunction act does not apply to block this case from going forward.
So the Supreme Court appointed its own lawyer to argue that position.
Another interesting aspect of the day is -- some of the tax discussion.
Clearly looks ahead to tomorrow and Wednesday.
-- noted justice Ginsburg's.
The fact that this really looks a lot more like a penalty than attack so.
How's it swept into the entire injunction act that looks ahead to tomorrow Justice Alito said look.
Tomorrow you're going to be in here are telling us this was a tax and today you're telling us that for the anti injunction act it's not.
And that actually opens up a credibility problem that the federal government has because they have to thread this.
Really peculiar needle.
And the meaning of words that you might find say in though the dictionary.
Becomes a real problem for them you know economic activity is a common phrase you're gonna start hearing about tomorrow.
And they're talking about the decision to do nothing it's not buy health insurance is somehow being economic activity can be regulated so that's what we're rolling into tomorrow and today.
With the tax discussion really got us started on right.
You know where -- business network were always looking for business implications today insurance companies really popped I don't know if you saw me was a great mart dot day for the markets.
But insurance companies -- even more than the market did in general.
The consensus is that if the Supreme Court upholds the administration's views -- a mandate.
Insurance companies will do pretty well because -- have all those extra people are forced to by -- even if they don't want to.
And may be a lot of people are thinking maybe this is the market predicting that the Supreme Court will endorse the administration -- what do you think.
Boy out tea if if it is that's a dangerous way to go because.
You know as a litigator myself I'll tell you -- You really need a lot of consistency -- an oral argument from the bench to be able to have any degree of confidence in predicting what they're gonna do on a single point I think today you'll probably hear the talk coming out of there is.
That it's not likely that this court is gonna -- the anti injunction act to delay this.
What would amount to three more years to 2015 and I think they'll probably be a little bit of an expectation in that regard.
But it if that carries over to stock purchasing.
Or selling at this point that strikes me as that strikes me as a pretty thin reed to lean on because.
Look -- the eleventh circuit did this court case came out of the eleventh circuit the Florida case.
And the eleventh circuit took only the individual mandate which would leave those insurance companies.
With the requirement to issue insurance -- -- comes in the door.
And yet the guaranteed issue in the community rating which would destroy the insurance -- a veterinarian that that the insurance premiums would -- as -- as they could and of course now the administration has enormous price controls habits were to 10% -- Circuit we just just about this at conservative appeals judge Jeffrey Sutton who actually clerk for Justice Scalia.
Had said that web third anybody out there thinks this is a good or bad bill it does pass constitutional Muster.
Does that give you any window into the fact that there are some even conservatives who think.
That this doesn't get upheld.
We know you have them on both sides you've got.
Liberals who say that it's unconstitutional you've got some on the conservative side -- said its constitutional -- time.
All of those things give me pause I mean I'll tell you this this case is the most important one I've ever worked on -- -- will work on likely in my life and because it were back at the beginning were back -- the foundation of the country -- this case and and when you see a judge like sudden -- the other way out of -- there sure it gives me some concern but the way he ruled.
Was pretty unique.
And down so I'm not I'm not sure that you're gonna see the Supreme Court.
Looking to model anything it does on the six circuit ruling.
I think that it's gonna really come down to whether or not the federal government can articulate any boundary.
So the federal power if this is constitutional -- -- in order you to buy health insurance can they order you to buy a car.
Our collateral if I'm wrong this is -- to be precedent setting because there has never been a case in American history.
-- cut consumer has been forced by the federal government to buy something is that true that.
That's absolutely correct and it goes back farther than even the age of the country when we were boycotting British goods for the ten years.
Before the American revolution.
Even the British didn't think they can compel us.
To buy British goods and we -- subjects then not citizens hopefully we're still -- although there -- some states that require you to buy car insurance if you're going to be out there it's that's -- that's a big distinction program are at there's a big difference there.
Ken -- to -- -- again thank you earn my general thank you so much for joining us thank you off.