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This is a huge multistate economy. it's not something trivial like the court is saying guns near schools may not have a basis so to say that implicates commerce. this does. i think it's both the argument this is you making a choice by not making a choice. emergency room is not going to turn you away. everyone else is premiums get jacked up by $1,000. that loops back to your point which is why this is a conservative idea. it's an anti-free rider idea that got spun out into a broccoli bill. >> that part that we're just discussing it is what they are getting tomorrow. can i ask you to come back a...

Conservative judges going to reach back it ideas that we haven't cred part of the law for a century. ginnsburg example is on point. there are certain things that happened in our lives and we should all contribute. that the i'd yf social security. what joan was just talking about yb here the great irony is, that we tried to graft that idea to a conservative idea and say, let's make this more market friendly. now the conservatives are saying, no, no, no, we can't do that. yes, we like that idea for 10, 20 years but now that democrats like it, we want no part of it. it is really very ironic. it'l...

Members jumped on this idea. how will the republicans fight that this was once something, they sure thought it was a good idea? >> they've been reminded about this for years, as i'm sure you've seen newt gingrich has been put on the spot about it. so was mitt romney. it was an idea born from the heritage foundation years ago. a conservative idea. a way to protect the taxpayer by stopping free riders. and making sure that everyone bought insurance so the taxpayer would not be footing the bill. but there is many things about the health care bill. the expansion of medicaid is also offensive to co...

Romney. so we are confident that it will be upheld. >> they are trying to do two things here. first, say, look, this is a conservative idea. it is not our idea. and in the absence of a tax, while i don't think it's going to work, it is an argument and it's a message to the supreme court that there is broader support for this than the polls would suggest. >> gregg: why doesn't that work, doug? >> it -- it doesn't work because the american people, as pat points out don't want obamacare. they don't romneycare and the republicans are want offering a credible alternative ---- how does the presump...

That's a lot. i'm going to try really harder not to shame the race. but you never know. i might. >> i completely disagree about the reason why obama did that. i think it was a dog whistle to more conservative idea who like family values. that was possibly ill conceived because that never works with obama apparently. but that particular decision really enraged feminists, really enraged new yorkers, people who wouldn't normally use the "as a father" narrative. >> i promise i'm going to let you keep talking about it. in our next hour, we'll go live to johannesburg, south africa to talk to nbc new...