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And -- majority users whenever the top of the stack the Supreme Court has ruled on obamacare the big surprise was the mandate is okay S attacks but not under the commerce clause.
Is this judicial activism joining me now Fox News senior judicial analyst judge Edward Apollo -- how they are they writing the law supposed to interpreted as well.
And that the Chief Justice.
Told the Senate Judiciary Committee when he was -- nominated for this job that he would be an umpire not a picture and not a -- -- we know from his prior decisions that he strains to find ways.
To fulfill the legislative mandate that is if there's some narrow way.
But a statute can be upheld even if there are constitutional objections to it.
They look foreign find a way and that's basically what he did.
I mean congress said you must buy health care.
Chief Justice says congress can't do that -- in the commerce clause it can tell you what you cannot put an interstate commerce like lottery tickets.
But it cannot tell you what you that you must engage in interstate commerce.
But under the spending and taxing power of the constitution there's no limitation.
There are limitations political -- what the people will allow the congress to do -- you're so congress can raise taxes however much it wants.
And spend the tax dollars however it sees fit the right but but but listen to that this is the president talking earlier about the fact that that this is not -- -- Your critics say it is a tax increase my critics say everything's a tax increase my critics say that I'm taking over.
Every sector of the economy you know that.
Look we can have a legitimate debate about whether or not we're gonna have an individual mandate or not but you rejected -- absolutely reject that no.
You know his lawyers the federal government's lawyers when they argue before the Supreme Court.
They argued that it was attacks and the reason -- argue it was a tax we're talking about them the money that an individual.
Must pay to the IRS if the individual does not acquire a minimally acceptable health care policy.
The reason they argue it was a taxes because they could not tolerate the alternative which is it's a penalty.
If it's a penalty.
Then you have the opportunity to challenge it.
City of ten million people being penalized because they didn't.
Buy health insurance to the government satisfaction.
You have to hold ten million trials they couldn't do that so they said it's not tax when they -- getting -- through.
They said it is -- tax for the Supreme Court.
And the Supreme Court knowing that the taxing power is limited only by the political response.
To raise taxes as much as you want to spend them however you please except -- the people what you out of office that's the hook on which the court -- -- -- into.
That's the way they they were able to drive through the legal morass to get to the point where they got -- -- -- I'm I'm glad you did this because if Justice Scalia.
Had written for the majority and they did this all the uproar that we would be hearing about judicial activism rising judicial activism.
To enforce the constitution when it staffs -- the congress but it's not judicial activism when when you drive a camel through the I have a needle in order to help yeah.
So right we talked before about the commerce clause and you tell this great story about a case where their resume guys out of building -- New York City.
Washing the windows and because they could see New Jersey.
There are wages.
Could be regulated by the federal government on the theory that that was interstate commerce the act of looking.
Across -- from New York in which it is seen so bizarre second circuit opinion it's not just so it it is truly bizarre yet it is bizarre so did this at least help out insane.
-- the commerce clauses and is why is it used to being.
Yes it did it says this congress can stop.
Items from moving into interstate commerce whether it's marijuana or or or lottery tickets.
But it cannot compel people to move items and interstate commerce that's a bright line.
That the -- fact justice Ginsburg perhaps the most liberal member in the course of the court.
Dissented vigorously vehemently and intellectually and and professionally but with with vigor that rarely.
Comes from her.
Over that particular holding because she would grant the congress sort of Bloomberg.
Like power to make everybody's life the way the congress thinks -- life should be and the Chief Justice said now.
What that that explain the part about the state and Medicaid okay 26 a states sued the federal government.
Because they objected to the fact that the statute ordered the states to raise their own taxes and take those tax dollars and spend them on an expansion of Medicaid.
Health care for the poor right the states where are ordered under the statute to make this available to anybody who can't get health care anywhere else in there there's no.
But monetary -- he -- to -- -- just can't get health care anywhere else and -- that congress said if you don't do this will do it for you.
And we will deduct the cost of it from other monies we -- -- the Supreme Court took away that penalty power so that.
Courts can bet that the states can basically say as my great home state governor Chris Christie said -- the federal government.
Sleep -- it.
-- take a -- we're not doing it in New Jersey the feds can command and construct this insurance exchange and they cannot charge the state of New Jersey and nickel -- That's the only victory in here for the challenges basically the 26 states -- which New Jersey was not one.
That challenge did this.
Because the -- the ability to punish the states that don't comply with him well so then it's gonna be interesting to see what the states do whether well right because and and and from the president's point of view what does he do now is seventeen million.
Uninsured in some cases on -- of all people.
Who with they live in states where that they have legislature and the governor are not gonna go along with us -- have no place to go or want to be paid for by the feds stepped.
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