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>> they have written the government shutdown became a medical device tax. >> that became the big principle at stake. >> i think the big problem is they are a rhetorical problem to, they are underpinning the affordable caring a. it involves a lot of state autonomy, purchasing from the private market insurance. i think when it comes to the medicaid expansion, it will be interesting. you do have lifetime case, you do have martinez, chris christie that have taken the middle ground on this, they have taken the litmus test for the ones holding strong against the medicaid expansion t. real problem is...

Doesn't have authority over their plan. so this may be a poor vehicle t. court may say, go back to the lower courts. we're going to take another case because you have things like the university of notre dame. have you big catholic held hospitals and health systems that are suing. the idea here is let's think about how employees of these companies don't follow catholic teachings on contraception are going to be able to access the he health care the same. it's a balancing act. >> where did this come from? it seems so random, some 91s getting the attention of sonia sotomayor? is it not just the n...

Locker room figuring out a way to do gold plate expense bucket. so things got done. >> they got done. i always said, you can't boat something with nothing. unfortunately, we got to do more than -- >> what's the marketplace solution? if you had to start from scratch? >> the first thing, you got to explain to conservatives and say we don't want federal government in health care, secondly, you need to explain. i don't think anybody has explained this. let's say we keep the same system we had before the affordable caring a. you are going to have 40 million people without health care insurance, the...