Page 2 - Broccoli Argument News Today

>> weve been saying it for six months. i think this comes down to kennedy at the end. >> but isnt it just stunning how bad the solicitor -- i mean, seriously, the communication of this entire law from the get go was rough. so this, you know -- >> sort of encapsulates the problem. >> this moment was really important, and it was just flushed down the toilet. i still think your argument is the bottom line thats going to have to be considered, and its the broccoli argument. and its health care for a...

About the broccoli argument. everyone needs food and everyone is in the market so why cant they force everyone to eat healthy food like brkly. >> thats quite different. thats quite different. the food market while it shares that trait that everyone is in it, it is not where participation is often unpredictable and voluntary and where you dont know what you need before you go in. >> he got help on that from justice begins berg who tried to clarify. later the more liberal justices picked up the th...

The broccoli argument makes absolutely no sense to me. >> well, what scalia is saying is, will the government for the first time not simply regulate a market, which weve done before and they have the power to do that. congress has the power to economically regulate a market. theyre saying the government wants to force you to enter the market. this is new ground. this is new ground. weve never said, you must behave in a certain way. you must buy this. >> but, larry, help me out here. let me just ...

But by every measure. >> what is the broccoli argument? >> im obsessed with broccoli. the argument at its very core if the government can force you to purchase something that you dont want to purchase and thats the argument here thats been made by the challengers is what is unprecedented here is not that the government is regulating activity but for the first time they are regulating inactivity. you just want to be in your house, you want to be left alone. fp your kidney fail t you want to pop i...

What they do best. tomorrow i think the gloves come off and we start to hear the talk of tierney, freedom, broccoli everywhere. broccoli. so tomorrow is the big day by every measure. >> what is the broccoli argument? you have been referencing this in our columns for "slate".com. >> the argument at its core is if the government can force you to purchase something that you dont want to purchase, and thats the argument here that has been made by the challengers, whats unprecedented here is not the ...

Cost for other people. thats unlike every other part of the market and i think thats the limiting principle the courts will find persuasive. >> you challenged the governments lawyer about this law and the precedent that it would set. 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...

Courts will find persuasive. >> you challenged the governments lawyer about this law and the precedent that it would set. scalia made what he called the broccoli argument. 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 de...

Talk of tyranny and freedom and broccoli everywhere. i think tomorrows the big day but by every measure. >> what is the broccoli argument? >> im obsessed with broccoli. the argument at its very core if the government can force you to purchase something that you dont want to purchase and thats the argument here thats been made by the challengers is what is unprecedented here is not that the government is regulating activity but for the first time they are regulating inactivity. you just want to b...

annan is in china rallying support for the peace plan today. both china and russia opposed previous attempts to take tough actions against the syrian regime. we are now in the second hour of the second day of historic supreme court arguments on the affordable care act, health insurance for all. four separate issues are taking up six hours of court time over three days. today, the biggie, whether americans can be required to buy health insurance or pay a penalty. critics say its uncon...

Making at the supreme court, and theyre going to make it especially tomorrow. megyn: yeah. they say that its unprecedented to regulate somebody whos just sitting on their couch -- >> reporter: right. megyn: but the argument on the other side is, you know, the odds of you staying on your couch and never entering the medical system are slim and none. >> reporter: by the way, its the broccoli argument, that was a huge oral argument in a lower court of appeals, you know, at some point in time are th...