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Because we are rising up on this one. we are not going to back off. >> this is a message by conservatives leading up to election day. help or hurt them? >> eric: it hurts. especially over the summer when obama care is going to come up in the supreme court. they need to focus in on what obama and sebelius want to do. the religious freedom thing will come and go. but you're telling insurance they have to provide a product. it might violate the commerce cause. if i'm on the right, or the g.o.p. nominee, i would - would --overtal -- [ overtalk ] >> eric: you still don't mandate. >> bob: of course ...

The healthcare issue. in 2005 both scalia and kennedy joined in majority on this gone zales decision -- on this gonzales decision on the commerce cause. they joined in the majority and angered conservative supporters finding that was insister state commerce and they were subject to regulations under the commerce clause. that is the best interest kateor they may uphold the obama-care. >> i think it's going to be a close call. people assume justice scalia is going to take the conservative point of view no matter what it is. that's not accurate. he looks at the constitution and tries to interpret...