Broccoli Argument News Today

Electorate. >> bruce, justice scalia, you write in the book its obvious hes a very, very smart man, very schooled in debate. he came up and debated at georgetown. we hear from the bench, particularly on the health care reform case, we hear him echoing arguments straight out of right wing blogs talking about how long the health care law is and making the broccoli argument and bringing up things like the corn husker kickback that werent even in the law once it passed. has he changed over time, mov...

Adopting some of these tea party arguments drawing things, even in oral arguments from the sort of tea party websites. for example, the broccoli argument, if we allow people to have health care, next thing you know, government would be man dating broccoli. justice scalia made that argument from the bench. >> entitlement being a racial preference. >> that was unbelievable to hear. i know you were in that room that day. >> i was the guy that almost passed out in the room.

Republican talking points about the health care bill. he talked about the broccoli argument. he complained about how long the bill was. he brought up the cornhusker kickback which even isnt actually in the bill. how unprecedented is it to hear those sorts of talking points reiterated from the bench and also, is it fair to say that republicans have really influenced the justices over the past year in this argument? >> well, for one thing, it was quite surprising unprecedented both at oral argumen...

Broccoli argument. that if the government can force you to buy insurance, they can force you to eat broccoli, too, or at least purchase it. this has been a very popular argument on the right. senator tom coburn made essentially the broccoli argument during justice kagans confirmation hearings. >> if i wanted to sponsor a bill and it said, americans, you have to eat three vegetables and three fruits everyday, and i got it through congress and its now the law of the land, got to do it, does that v...

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Of sitting supreme court justices. for instance, there is the broccoli argument. that if the government can force you to buy insurance, they can force you to eat broccoli, too, or at least purchase it. this has been a very popular argument on the right. senator tom coburn made essentially the broccoli argument during justice kagans confirmation hearings. >> if i wanted to sponsor a bill and it said, americans, you have to eat three vegetables and three fruits everyday, and i got it through congr...

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Pass legislation about it. i wouldnt vote for that. >> we are paying for this free care. we are praying for free riders by having a mandate supported by conservatives, this does away with that. >> bill: you know the supreme court is not looking at this as an economic issue. they are looking at it? >> sure they are. >> bill: no they are not. they are looking at it as a freedom issue it? >> is a freedom issue its not free for doctors when you say you have got to take care of these free riders who ...

Scalia made what he called the broccoli argument. here he is making it. lets listen. >> why do you define the market that broadly? health care. it may well be that everybody needs health care sooner or later, but not everybody needs a heart transplant, not everybody needs a liver transplant. >> thats correct, justice scalia, but you never know whether youre going to be that person. >> could you define the market -- everybody has to buy food sooner or later, so you define the market as food, ther...

For free care. pass legislation about it. i wouldnt vote for that. >> we are paying for this free care. we are praying for free riders by having a mandate supported by conservatives, this does away with that. >> bill: you know the supreme court is not looking at this as an economic issue. they are looking at it? >> sure they are. >> bill: no they are not. they are looking at it as a freedom issue it? >> is a freedom issue its not free for doctors when you say you have got to take care of these f...