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Supreme Court upholds affordable care for more on the legal political.
We're joined by criminal defense attorney Fox News legal analyst Arthur I -- I want former democratic pollster.
Fox News -- pack -- -- Fox News political while only one way it's good to have you all here there's a lot of news outlets start review -- the politics of this thing.
John Roberts is just.
I mean he's sort of handed the Republican Party -- the chew on here on the campaign trail right.
Well it certainly looks like it's certainly stirred up the -- you know the base whatever problem you're Romney have the -- are gone now.
I mean this is really stirred up.
And you know it was an interesting thing obviously would have been very bad for the president appealed losses.
In the sense of this competence -- whites as much time on the other hand.
This thing of describing this now -- -- tax getting it down what are the is.
Is that is a big deal at the end -- the countries against the and it's going to be now to be big issue.
What are you wouldn't surprise you Republicans could have been big boys and girls -- called a quarter was all along attacks in Beverly -- that down the president's through the campaign trail -- to wait for this.
Well they're pretty slow.
-- -- -- -- Well I think it's just we're happy.
And today with such a victory for the president and when we took a tremendous weapon away from the Republican -- because they could have -- as packed as described that you wasted a lot of time.
On this signature legislative.
Victory when he could have been paying attention -- jobs now they can't do it.
And when you talk about the -- the problem here is Mitt Romney is the Republican nominee.
Mitt Romney's idea in Massachusetts is pretty much along the same lines that you have people pay a penalty or attacks or however you wanted to spread it.
If they don't America.
Have health insurance that.
I think it.
Do you think the Democrats are gonna get away with -- -- Because the problem is they didn't call detached you know obedience which -- wilds is the -- selling -- You don't want to the president said of protests -- all let me tell you where the real problem -- the were Democrats -- -- -- Is -- the house is not stupid which -- they are firmly determined that from you if you just ripped.
We're rebutted each -- -- let's search -- but here's the thing.
If they put up the repeal in -- inaudible whole bill will put up the repeal of repealing a tax which we were -- was not a tax.
And force the Democrats in the house and senate -- vote -- that almost any.
Yeah it's a problem is my guy got -- -- happens.
I got I relative harder and -- job got a guy and not a dollar here it's I was already dependent clauses war in Iraq out of possibilities of hypotheticals.
You you attorneys always street announcer please yeah.
I I don't want to understand how this this penalty got to be attacks -- the colors -- got to be relevant but was dismissed and all of a sudden.
The federal government has unlimited taxing power because of while I was told was a conservative Federalist in the name of John Roberts out of.
I think what would John -- did regarding this which is probably the most important case since twenty years ago when there -- a real challenge to Roe vs.
This is the most important case sees it I would write the opinion on what it take over my pension my court this -- the first time he said this is my court.
Scalia has been this has -- -- is court it has been written the most.
The heaviest decisions that -- strong as rhetoric.
And I think he took his hat off albeit a politician.
Chief Justice Roberts and said let me look at the law.
And he dismissed and -- -- -- the congress and said you guys messed up when you passes along commerce clause like that that that doesn't fly but.
They made this supplemental quite little argument on the second -- third day I forget when of the oddities that.
It it does fly under -- -- accident and and what I'm not saying it's a good policy.
It's a good decision but it did not.
-- constant I didn't -- this office.
Justice Roberts saying you know we're not we're not holding forth on the wisdom of talk about legislation now it back usually writing the legislation was not well.
And I don't.
-- -- and exit Justice Kennedy said this is the Supreme Court.
Taxing the American people -- and I thought this incredible I think Arthur should -- -- now about what happened in the back.
Rooms of the Supreme Court because everybody markers going to back rooms he's got -- yeah.
I don't know what happened back I don't what happened.
John Roberts didn't wanna go to Georgetown parties involves -- allows us as an have to Perry's all of us who are negative attack but what is.
They've now said they this is attacked.
Public we you know was a mandate the country let's go back to the polls polls were overwhelmingly against this.
-- -- -- -- percent -- -- -- and particularly over this notion and with the -- and mobile which I always thought the -- the opponents never used enough.
This is a potential problem because what I said before.
It puts candidates say are you gonna vote to afford this actor against the -- did you boat attacks on any -- it -- you may -- Agree but a politically the bureau of -- in the word mandate -- a big difference.
Why do you love the symmetry of this 161000.
New IRS agent yeah I don't ever -- a don't want it and we're going to be 151000.
Doctors short a couple of years having this start to be kind of a -- -- -- -- this to mean this is not this.
And between the fact is you don't have to pay the tax if you have health insurance most Americans by far have health insurance.
When you ask Americans about this and this is where I was gonna talk to pat about the polling.
Yesterday in the Fox News -- a plurality of people say let's wait and see and I think the people who decide this election in the far independent voters.
And I think they are thinking well okay the Supreme Court has -- -- this now.
We want to see who's gonna help let's see the result a problem with it is is that this notion that.
People want to wait when you in the you know I can argue I've seen numbers upside down on this but the most conditions -- consistent trend of these numbers.
Is that people feel it's too big it would.
And how about it and now they don't want has validate they get -- I'd like to think the court wasn't looking at the number of them call me naive going ideally I'd like to think that they're that was the law Robert I just wanna not wanna all not look at any polls.
They're not and I believe I -- a lot about the wade the Supreme Court operates.
There isn't a lot of back room dealing pervasive that conference they basically give each other their opinions.
And moral us economy and there I took on paper -- they peddle this -- -- mind this is what you have a mind and that.
That's with a little -- -- do you think the idea of extending the term from Monday through Thursday.
Those extra few days was they're there the country times that we conduct chest to block substance.
That went for a bid -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --
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