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Our next guess the attorney general Florida when he filed the first state lawsuit challenging Obama -- back on March 23 2010.
That's right it's a two year anniversary of the -- -- became law now 26 states are part of the Supreme Court fight.
Underway now before the High Court joining us Bill McCollum former attorney general and the great state of Florida.
Bill first of all weigh your sense of things -- they're going as you expected -- that I'm running as you to do the impossible to divine what the the court will there.
Well the first day went pretty much is expected I really don't think the court's gonna find this a very high hurdle to hear the case to decide -- individual mandate I I will.
Read the transcripts today very carefully after the court hearing was over.
I found if anything sides in there that lead me to believe the justices are going to go forward in cannot find the anti injunction act prevalent here.
But the really should ask your question because of that -- and I know you all your attorneys get all excited about this stuff.
But I can't imagine nine justices that comment Supreme Court Chief Justice John Roberts -- And waste everybody's time by having a discussion over whether or not it was time under that side the case.
It would just that to me would be -- -- Bizarre.
Well that's why they have the Justice Department and the State's all believe this article for the public interest to go forward.
And I think you heard today if you heard it here but are you -- that are -- -- a look at the transcript that that was in the tone of the questions.
The justices asked I think they're gonna rule that is gonna go forward and and at the end of the -- -- not -- know that by the wait till silly opinion comes out in June or early July.
What we do know is the Medicaid provision -- have to -- -- regardless so.
What we're gonna see tomorrow as you know is this argument over the individual mandate that most people focus on and that Wednesday several ability and the Medicaid case which.
I think they've taken up for -- -- -- cautiously optimistic about all of this that doesn't mean we're gonna win at all.
But I think they're taking it very seriously.
And -- can't predict courts I feel fairly good about the individual mandate -- -- -- course more after the answer questions -- Well.
As you say we'll know more tomorrow but right now -- as you look at this court.
And we listen there -- Justice Alito say tomorrow.
You're going to be talking about the tax that.
You're going to be talking about what -- a -- that tomorrow becomes attacks in support of the individual mandate.
In what point does the court lose its sense of humor over this -- relatively.
Well I think they're gonna focus tomorrow -- On the interstate commerce clause I don't think the question -- -- attacks is going to be deciding factor -- they may have to rule on it but I don't think that it is an.
I think most of the people who looked at this including that people argue that the justice department of kind of understood that all along the real question is under the interstate commerce clause.
Is there a power there to go this far can you in.
The name of regulating.
Commerce can you require somebody to engage in commerce that's the crucial issue.
In the states as you know are saying that that power under the constitution.
That's not granted to the federal government is reserved to them.
And in this case the court is gonna have to decide.
Whether the limitation that the states are suggesting is the right one here and if they opened this store then where does this stop.
Can they order you to buy a car -- the economy's -- -- -- -- -- -- -- the broccoli somebody said -- -- -- by the generated -- it mean I think they're going to be very logical about this.
And I'd like to think at least a five to four decision will be to strike down individual mandate but again the questioning tomorrow just like the question today.
We'll be dissected ten times over before they come out -- their opinion in June whichever it is and sometimes those questions tell you something sometimes they really don't.
It without Bill McCollum we thank you for being here real we'll be watching carefully tomorrow as I know you real -- -- -- You're welcome Bob.