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Electorate. >> bruce, justice scalia, you write in the book it's obvious he's 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 weren't even in the law once it passed. has he changed over time, moved further to the right and become more part son? is he part of the reason why the court has beco...

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 isn't 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 argument hearing him talk about the cornhusker kickback, talking about broccoli, making arts that you real...

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 kagan's 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 it's now the law of the land, got to do it, does that violate the commerce clause? >> sounds like a dumb law. >> justice kagan pointing out to senator co...

... and mix a little more hop in our hip hop. thanks to the energizing support and cushioning of dr. scholl's massaging gel insoles, your feet will feel so good... ... you'll want to get up and go. back to "hardball." first up, the individual broccoli mandate. if the government can force you to buy health insurance, can it also force you to buy other things you might not want, like broccoli. the so-called broccoli argument was at the center of the arguments this tuesday. last week steven colbert found the issue too juicy -- if broccoli is juicy -- to resist. >> obamacare is dead. it was kill...