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It's neat to see one 9-year-old to started this, now an 8-year-old following on in that tradition. that's what's great about america. the preservation of the fundamental constitutional principles we all rely upon. alisyn: why was the school offended by a mention of jesus in a poem at a winter party on a candy cane? >> i think that's why they made this extreme argument. it's clearly established that you can't do this. you can't ban student speech which is religious. there have been cases for 30 years on this very point. so they had to go or something pretty radical. their backup argument during...

You've seen what this the president has said over the past several years, that's a penalty. >> so then he disagrees with the supreme court decision that says it's now a tax? >> that's right. he said it's a penalty. you saw our arguments before the court. >> your argument before the court honestly also said it could be -- one of the side arguments, kind of like the backup argument, was that it was a tax. so i did see the arguments before the supreme court. >> it never referred to it as a tax. it said that it was a penalty. >> it's a tax, it's not a tax. who's on first? unfortunately for team ob...

You've seen what this the president has said over the past several years, that's a penalty. >> so then he disagrees with the supreme court decision that says it's now a tax? >> that's right. he said it's a penalty. you saw our arguments before the court. >> your argument before the court honestly also said it could be -- one of the side arguments, kind of like the backup argument, was that it was a tax. so i did see the arguments before the supreme court. >> it never referred to it as a tax. it said that it was a penalty. >> it's a tax, it's not a tax. who's on first? unfortunately for team ob...

Thing for the congress to regulate activity, and the congress has broad powers to do so, but what it can't do, the judge said, is to regulate economic inactivity, and that is what happens if someone chooses not to buy health insurance. and the obama administration said that everybody participates in the health care system sooner or later and even if you choose not to buy insurance, you will be hit by a car or get old, and ultimately, you are in the health care system, so the government argued not being a part of it, but the judge rejected the argument and i'm quoting from the decision, this di...