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March 27, 2012
That changes the relationship of the federal government to the individual in a very fund -- fundamental way. >> i dont think so because its predicated on the participation of these individuals in the market for healthcare services. megyn: changes the relationship of the government to the individual in a fund amount at way. justice kennedy hammering the issue of liberty and how that is affected by this healthcare law. shannon bream joins us live from the steps of the supreme court. shannon, take ...
March 27, 2012
Megyn: back to the breaking news on the historic case before the united states supreme court. the fate of the presidents healthcare law which could be in trouble and may come down to one man. one justice. anthony kennedy. now we have more of the audio of todays key moment. well go through some of this with two men who have expert knowledge. julian epstein, hes written extensively on congress power under the commerce clause which is the linchpin of the governments case. also jay seculo. he has ar...
March 27, 2012
Dealing with the commerce clause. thank you for being here. got an alert coming in. we are getting breaking news on a crazy scene onboard a jetblue flight. reports a plane was diverted after passengers had to tackle the pilot. there was some sort of scene after he left the cockpit. trace gallagher has this story. stay with me. labored breathing ]
March 27, 2012
Mandate as constitutional. i think there is very little argument about that. lets just cite two conservative experts, professor charles freed who was solicitor general under president reagan, and judge silverman of the d.c. circuit, both said there was no constitutional mandate for the claim the individual mandate was constitutional. they make a very good argument. commerce can regulate interstate commerce. theres no doubt the united states is part of interstate commerce, and section 108 says co...
March 27, 2012
>> no, i think thats within the bound of the constitution. >> but theyre forcing someone to sell -- it doesnt require me to make a purchase simply because im alive and breathing. its much different when you choose to own something. if you choose to own a car, the government says you have to have car insurance. >> why can the government force you to sell it? >> you dont have to own a hamburger just because youre alive and breathing, but this is saying just because were alive and just because were...
March 27, 2012
door during a flight across the country screaming theres a bomb. well take you inside jetblue flight 191. we he begin with the drama still unfolding on capitol hill. members of congress heard from the parents of trayvon martin. he is of course the florida teenager shot and killed last month by george zimmerman who has not been arrested or charged with any crime. the grieving parents met with house democrats. they insist their son was shot because he was black. >> id like to say thank y...
March 26, 2012
Decades. the nine supreme court justices will hear arguments at 10:00 a.m. on the controversial health care law. now, there will be six hours of arguments over three days on the first issue this morning is whether there is jurisdiction in this case at all since nobody has actually paid a penalty yet for refusing to buy health care insurance under this new law. that argument will last 90 minutes today. but the main event comes tomorrow when the court holds two hours of arguments on the individual...
March 26, 2012
>> well, my greatest concern, of course, is that the court does a little work for the obama administration and finds a way to find this law to be constitutional. if they strictly focus on the commerce clause, like they did when they created the law, i have no doubt this is going to be struck down. if its not, theyve basically given the federal government unlimited power and taken away the purpose of the states to exist at all so im hoping theyll focus on the exact law that we are -- that were ta...
March 26, 2012
Government compelling people to engage in commerce -- >> interstate commerce. >> yes, but this is far different. this is somebody that doesnt want to engage in interstate commerce. you are now forcing them to. interstate commerce clause has expanded over the years. if i want to set up a barbecue stand in birmingham, alabama, i have to serve african-americans as well because the interstate is there. i get my meat from over the border. i mean, thats where i decide to engage in interstate commerce....
March 26, 2012
Interstate commerce clause? is it as flexible as a very long rubber band that can stretch forever. what do mimd ground saying what he can do to your --s z it can make you so broadly. >> but it cant make you eat the broccoli, and lets just get to that distinction. the reason the government can make you buy health insurance is because we cant have a health insurance market that works without everyone being part of it. we have tried in this country to have a number of insurance exchanges where ever...