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Indeed, is a tax? >> harold, my sense from talking to people is that members of the house or the senate, democrats particularly in tough re-election fights are going to be reluctant to put this as a centerpiece. even the white house and the president can certainly argue this is a central legislative achievement, upheld by the court and he can begin to make the case to a still skeptical public, even his advisors i spoke to yesterday, the overall theme is going to be middle-class security and this will be part of it. i'm not sure he wants to own this issue. he owns it, of course. i'm not sure he...

The states' authority any states' authority. what i can tell you is the court came down on this issue decided that it was a tax to coerce some type of behavior. i mean i disagree with the court's opinion here. but, you know, if you look at it, this is a victory for the president. he got his health care law upheld by the court. the american people don't like this bill. they don't want to be forced into the kind of health care that washington dictates. they want to be ableç to choos themselves. and so you're right, we don't want to be talking about trying to clean up the mess that the presiden...

Repeal the law in the senate. >> and that is, of course, mika, how -- that is how the democrats were able to pass it because they couldn't get to the 60, couldn't get closer, and the congressman brought up a very interesting name and it's a name that a lot of democratic operatives who were taking victory laps, yesterday you were running around in your front yard singing. remember -- >> i had a flag. >>ç democrats this morning tha are popping your champagne, remember the name scott brown because it was health care reform that allowed scott brown to take teddy kennedy's seat and it was health ...

Let's say that it's upheld and president obama's facing reelection in november and there's 60 or 70% or whatever the number is thinks the mandate is wrong. does that help him, is it irrelevant, does it hurt him? >> i think it hurts president obama, and it helps the g.o.p. that is explaining to the 70 or 72% of americans who do not believe that the individual mandate, especially, is constitutional, nor is it fair, nor is it economic. i think that that helps the g.o.p. candidates as we are trying to explain to america that there is a better way to address health care issues in america versus wha...

Forward and make your indicate. >> greta: tomorrow the mandate. they'll have argument whether the mandate is constitutional tor not. it's going to be attacked or supported on so many grounds. we've got a commerce clause issue. is this interstate commerce. supporters say absolutely. they're not compelling someone into activity. they're regulating activity. folks against it say if you force me to buy something, where do you draw the line? can you force me, you've heard the example again and again to eat broccoli or to join the gym? they're going to say where do you draw the line if the court say...