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2; it is unlimited. if this law is upheld, the court will realize that they will establish a new precedent to give congress unlimited power. 3; most importantly, it is unnecessary. congress legally could have addressed health care and health insurance through a legal method and they were empowered to do so in the tax and spend clause, they purposely chose an illegal, unconstitutional pathway to impose this mandate on all americans. >> caller: what do you make of the arguments that point to the conservative justices, justice scalia and the swing vote oftentimes, justice kennedy and even the chi...

Argument that really has those features to it, it is hard not to underand it it as be withing historical because i think every single person in this country is tremendously proud of our constitution and the fact that it has endured. the fact that there are relatively few amendments to it. when you have a case like this that asks a question that is so basic to the constitution i think it is unmistakably historic in that a sense. >> shannon: why did you want to take this case? >> i wanted to take this case because i think it is the rare really big case where the advocacy can make a difference an...

Issue. medicaid expansion. under the laws states have to prepare to add millions to their medicare rolls and if they don't lose all federal funding attached to it. >> we get $10 billion a year towards our are medicaid program and the federal government is saying hey, florida, if you don't participate in this we are taking away every cent of that money. >> most believe the court will find the med did i case constitution say it is not quite the budget buster most of saying it will be. >> a goes down to a whopping 90%. this is a great deal for the state. >> shannon: are americans more divided now...

That said the rest of the law could stand without the mandate. it didn't make it to the final version of the bill. how significant do you think that would be to the justices? >> i would but surprised if they get that far because i think the medicare provisions are well within, it is an expansion of an existing program upheld. i think the minimum coverage is even within the interstate commerce or taxing privileges. the severability would only come up with the supreme court took a serious return away from precedent and the intent of the constitution to do that. if they get to that point there wi...

So close enough for government work, everybody is in the health care market. and shelght -- health insurance is just one of several ways in which the goods which you get in the health care market are paid for. and that plainly is something the congress can regulate and has been rellulated for decades. so that's the first argument which i think knock this is down. the second argument made by judge silverman in the d.c. circuit is even more weeping. it says -- just look at the words of the constitution. congress has the power to regulate interstate commerce, insurance is interstate commerce, onl...