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>> we've been saying it for six months. i think this comes down to kennedy at the end. >> but isn't 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 that's going to have to be considered, and it's the broccoli argument. and it's health care for american people versus health care that we are already paying for for the uninsured. that's what...

About the broccoli argument. everyone needs food and everyone is in the market so why can't they force everyone to eat healthy food like brkly. >> that's quite different. that's 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 don't 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 threat as they questioned the attorneys for the states. clement argued with the justice over the g...

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 we've done before and they have the power to do that. congress has the power to economically regulate a market. they're saying the government wants to force you to enter the market. this is new ground. this is new ground. we've never said, you must behave in a certain way. you must buy this. >> but, larry, help me out here. let me just say where i'm coming from. i hope the court overturning the individual mandate. i think it's unco...

But by every measure. >> what is the broccoli argument? >> i'm obsessed with broccoli. the argument at its very core if the government can force you to purchase something that you don't want to purchase and that's the argument here that's 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 it back in, left alone, no insurance for you. the argument is if you don't want to buy something ...

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 don't want to purchase, and that's the argument here that has been made by the challengers, what's unprecedented here is not the government is regulating activity but for the first time they are regulating inactivity. you want...