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Do they have a case? >> absolutely. the argument is that this is a matter that's been reserved for the states to decide. traditionally that's been the case. after all you can only get health insurance in your state. you can't buy outside of your state, which helps the argument this is something that traditionally is reserved for the states to decide. it hurts the obama argument that this is a necessary regulation of inner state commerce since you can't buy interstate. had they passed what the republicans wanted, the ability to buy health insurance in any state you want, they may have added som...

To use the supreme court to do it. mr. campbell, where do you see this going? >> it goes to the supreme court and there's an argument that's likely to win. i'm more optimistic f you look at the supreme court opinions from 1995, 2000 and 2001 you have three opinions in a row saying that the federal government cannot extend the so called commerce power the way the obama administration is trying in this case. make the argument directly. the law mandates an individual as to carry health insurance policy for the purpose of getting money to the insurance companies so they'll have enough customers to...

Plan, it's been 45% of the country has been against it, 45% for it but it's shifting around. 45% is the same number of people who voted against barack obama eastbound. >> what poll are you reading that's 45/45. >> the most recent polling -- >> neil: what? what's 45/45. >> let's stipulate i can show you the polls off the air and that the -- i think the point i'm making is that at the end of the day there's not overwhelming negative reaction. obama's approval went up 7% points in one day. let me answer your question. i think the bottom line is, if people feel that with the democrats in power thi...

Doubling he came out and said we need to keep these rates at 3.4%. there was a whole partisan assembly how to pay for that $6 billion price tag. >> and while the clock ticks. >> being able to ride a wave doesn't mean you control the water. >> i'm saying the party had none not taken a stance. he was first out on it, and the party rallied to that position. i think you'll see more of that, by just being the titular head of the party, he gets to set direction, he has no mechanism to pull, no real leaver power, but that was an example of seeing him exercise some of that presumptive nominee power. a...

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