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Opposite here, clear decision from this justice who was appointed by george bush, we can't say that enough, i think, here. >> that's really important, and i think that's what's going on here is we got some partisan tactics in terms of the commerce clause, we can't lose sight of that. we already have randy burnett who was the inflexible opponent of obama care. he said the court actually gave us a very -- however with respect to the taxing power, we actually have a much more expansion notion of the taxing power than we have hitherto had. so that expands federal power, on that, it's an expansion ...

I'm going to be modest in that respect. and he said that it is possible to construe the statute as a tax. i don't think he loved the idea, but he said it was his responsibility, and that gave the administration the critical fifth vote that it needed having lost the court's normal center vote or swing vote, anthony kennedy, who was through and through with the dissenters. megyn: and yet the news was not all good for congress in particular and the administration overall, and what was interesting in part in this decision, tom, was how hard the court came down on the commerce clause argument which...

Degree like me and we've studied this stuff closely through the years. on the judiciary committee and beyond. i don't think anybody expected john roberts to be where he was in a 5-4 decision. i think a lot were expecting him to be there if he was a 6-3 decision f anthony kennedy decided to uphold the law. this was a real shock. let me read what the "times" said about it and get your reaction. chief justice roberts suggested that even he did not find the tax argument especially plausible. that was the argument he used to uphold the law. but he quoted justice holmes to explain why it was good en...