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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 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? >> sound...

And you still need to retire, td ameritrade's investment consultants can help you build a plan that fits your life. we'll even throw in up to $600 when you open a new account or roll over an old 401(k). so who's in control now, mayans? 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 res...

Pass legislation about it. i wouldn't 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 it's not free for doctors when you say you have got to take care of these free riders who walk. in not free to taxpayers who say you have to pay for shortage. that's taking our freedom awa...

Scalia made what he called the broccoli argument. here he is making it. let's 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. >> that's correct, justice scalia, but you never know whether you're 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, therefore, everybody is in the market, tlvr you can make people buy broccoli. >> no, that's quite dif...

For free care. pass legislation about it. i wouldn't 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 it's not free for doctors when you say you have got to take care of these free riders who walk. in not free to taxpayers who say you have to pay for shortage. that's taking ...