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Federalist commerce clause. but five justice were willing to say including chief adjustjusti roberts it was a tax. >> if we consider the individual mandate as a tax, then that is legal? >> yes, that certainly was the ruling 5-4 that it functioned as a tax. that if you didn't buy the insurance, you had to pay a tax. and that was within the taxing power of the united states federal government even though -- >> so what changed this texas federal judge? >> well, as of next year there is no more individual mandate. that was what the republicans put in the new aca, and so that's why i say maybe they...

The zealots who were challenging obamacare. and the case was heard by a judge who's ruled against obamacare provisions before. he's a conservative republican appointed by george w. bush. and as i say this particular judge had ruled against obamacare, so people don't think it's a total accident that the state attorneys general ended up in front of him. then the trump administration refused to defend the legislation, although it's the law of the land. that's why democratic states governors and attorneys general came in like california's and defended it. so that's who the appellants are going to ...

Losing races for governor and attorney general there. done deal. they lost. the end. not so fast. in three hours from now the milwaukee journal sentinel say recognizes will move forward to strip power from the incoming democratic administration and governor-elect. he beat scott walker in last month's mid-terms. republicans want to make it harder for them to withdraw from a gop lawsuit challenging obamacare. move the state's 2020 presidential from april to march. limit earl voting in elections to just two weeks. and require evers to get permission to began guns in the state capitol. joining me ...

So that's one place that the challenge could go down. >> to john's point, we're not going to see the end of the court fights. >> the irony is it would prevent the new democratic governor that pulling out of the anti-obama care lawsuit. that's one of the reasons scott walker lost the election. at the least, it was extensively debated. it would have stripped away the consumer protections scott walker had to argue that he was supporting even though he was in support of that anti-obama care lawsuit. i think there's a real irony there given that the narrowness of the margin that he lost for that re...

Saying they have a constitutional right to request requirement asylum. asked about the lawsuit, president trump turned his fire on the honduran government. >> president trump: they let people come up and form their caravans in the country. they are doing nothing. we are paying them hundreds of that money will stop soon. >> the president also clarified a statement that will raise eyebrows yesterday but seem to suggest the u.s. military might use lethal force of the migrants try to force their way across the border. >> president trump: they want to throw rocks at our military, our militaries fig...