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Court set to take center stage tomorrow and all eyes are centered -- Chief Justice John Roberts and what could be the defining moment of his career.
-- Justice Roberts in just a minute but first the big constitutional issue is the individual mandate.
-- say or will it go let's ask James Copeland a senior fellow and director of the center for legal policy.
At the Manhattan institute and set -- week.
A constitutional wire that I have I think you're lessening our parents like Barron's why -- case thanks for the directions -- to -- here I'm glad you're here what.
Happens to the mandate.
-- get struck down I think that absolutely I think that it violates the commerce clause you cannot.
-- they lack of activity -- somehow happened in direct stream cost spillover effects and interstate commerce than regulated activity.
It's gonna be a historic day tomorrow it will be struck down based on constitutional grounds.
-- it violates the commerce clause.
But what -- -- amazing things about that is that the congress didn't even have any hearings on whether it was constitutional.
Change once after about exactly so that's okay if you -- let's hear what you have to say you agree with -- I tend to agree that the most likely outcome is that that you'll see a five to four majority of the Supreme Court.
Striking down the individual mandate and I would argue.
Most likely other parts of the laws well I don't think they'll eliminate.
The entire law.
But but there isn't -- -- ability clause here in the administration itself said you can't just take out the mandate.
So my colleagues and I think they may take out the entire title of the bill all the that relates to the private insurance market reform and leave the Medicare and Medicaid and other portions of the bill intact.
It's going to be complicated that's for darn sure all eyes -- tonight -- chief Justice Roberts is as we were saying at the beginning of this block.
Here's what he had to say back with oral arguments were made at the end of march here's the Chief Justice.
But once we say that there is a market.
And congress can require people to participate in it as some would say board and she would say that people are already participating in it.
It seems to me that we can't say there -- limitations on what congress can do under its commerce power just like in any other area all.
Given significant deference that we -- to congress in this area all bets are off.
All bets -- -- except it's just this just back -- what you just that that's exactly right he just strolled into the core issue which is the issue that congress didn't even.
Think about until months after it was signed.
It's a stretch under the commerce clause to say that you can regulate inactivity as flowing through the stream of interstate commerce so the Chief Justice there really -- the prime issue.
Right on the head.
So he's the right the decision which could be critically important but is there another swing vote here James.
Why do think that we can't just inferred from the fact that it's likely that the Chief Justice will be writing the decision that that it's necessarily the case that you're going to have a 54.
Getting rid of the individual mandate and perhaps other parts of the law.
It does look like based on traditional precedent in terms of who writes what decisions that the chief will be writing this.
But it's it's certainly possible that that he and Justice Kennedy could do as they did in the Arizona immigration case Monday.
And take a broader view of federal power here and an ally themselves with the four democratic appointed justices I think that's less likely rates -- only now -- We -- we don't know what -- what do you say about this is.
Roberts the swing vote or is -- somebody else it's Justice Kennedy when I had the pleasure discussing this with you few weeks ago I predicted that Justice Kennedy is going to be the swing vote on this I agree that Chief Justice roberts' opinion will be critical.
But Justice Kennedy was surprisingly outspoken and -- of the government during.
The oral arguments and he was very skeptical he so that the government has a quote heavy burden.
And I predict that he's going to play a big swing vote role when this historic decision comes out tomorrow.
What I tell you everybody is reading every T believe they can find -- matter of fact I talked to one of the reporters.
Back at the bureau about what people are talking about and she said.
There's a Psycho kitty on the line that apparently is trying to read the minds of the justices and we'll tell her -- so.
Anything goes tonight I thought all but that's -- -- a -- -- Kansas said thanks so much for helping us out tonight really appreciate your -- we'll -- it.