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FBN’s Judge Napolitano breaks down the individual mandate ruling and how it is upheld as a tax by the Supreme Court.
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Different now the judge ended a volatile the Fox News senior judicial analyst politics of the moment judge.
But let me you know go to your expertise first the the -- here goes in favor.
An individual mandate yes of the president as Chief Justice John Roberts rules that mandate.
To be attacks.
Not a penalty.
Tell me and explain to everybody -- you know simply should -- the distinction there.
There actually is a restraint put on -- ability of the congress to use the commerce clause and tell people what to do.
And that restraint is this congress can tell people what they may not do.
But it cannot force some affirmatively to do things.
We now know that's the law because that's the decision in this case by -- five to four majority right.
But we also know that congress can tax and spend.
On anything it wants so the check on that taxing and spending is what the people will elect members of congress to do.
So because this collects money from taxpayers.
And spends money on health care for them congress is permitted to do it.
But can congress independently force you to eat broccoli to use justice scalia's famous example no it can't.
Why can't it because they commerce clause doesn't authorize it to do so so you would have ruled Indy.
While I would've I would've joined Justice Kennedy.
And Justice Scalia Justice Alito and Justice Roberts and the -- this is unconstitutional and -- and charity.
Because the practical effect of this.
Is to force you.
To engage in interstate commerce by buying a product you might not want might not need him perhaps can't afford called health insurer that's dissent and you mentioned Justice Kennedy -- -- -- not every but most Supreme Court observers assume it's.
That you did a swing vote in all of this if we got a 54 decision that it would be Kennedy.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- When when you put on that black robe and know you can Wear it for the rest of your life -- who suddenly are divorced from the forces the core is due to get there.
You don't feel beholden to them you feel utterly liberated.
To do what you think is right listen I'm not suggesting that John Roberts was wrong though I would not have agreed with them on this there's a lot of subtlety.
And new -- in this but I am suggesting that the ability to predict how what justice will vote.
On the basis of the justices track record before he was on the bench or the the values of the president who appointed the justice.
Simply isn't there isn't an -- -- -- here to secretary get Romney's comments which are coming soon from what we understand Mitt Romney.
That it Justice Roberts and rolling the way he did with all the presumption is going in.
That there was that this is a political coordinate somehow -- some people have written the Chief Justice had it out for the president or whatever.
That maybe it's some strange way as -- remove yourself in this over -- added to his credibility is being a non partisan voice and Chief Justice as -- -- -- our sister network a few minutes ago sometimes the Supreme Court thinks like the Vatican has I think in terms of generations -- centuries and not in terms of the politics of the moment not much of Justice Roberts is thinking about how is this going to be viewed in the future how will lawyers and judges and legal scholars as yet unborn.
Interpret this -- they think that we ruled.
Because of the politics of the moment or did the right -- -- -- constitution -- got to run his Mitt -- coming up thank you but I'm always the judge as always great stuff rob Mitt Romney's gonna speak about this.
It just a moment you don't want to leave now we're gonna take that.
For you live with congressman Charlie Rangel coming up -- -- the Democrats can be taken some sort of a victory lap it's all straight ahead.
On Fox Business.
