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That doesn't cross state lines and when you try to go after activity such as here, which is inactivity, here the federal government is punishing people for not buying a product. they're punishing them for not getting into interstate commerce and that has never happened before. >> well, they punished people in the civil rights act under public accommodations in 1964, for not selling to an african-american who comes to a hotel and says i want a room. so there you have them punishing a hotel owner or restaurant owner who is running a diner. if you say to a black fellow who comes in the door, get ...

The supreme court has scaled back and said to congress, when you try and go after activity that doesn't cross state lines and when you try to go after activity such as here, which is inactivity, here the federal government is punishing people for not buying a product. they're punishing them for not getting into interstate conference and that's never happened before. >> well they punish people in the civil rights act under public accommodations in 1964, for not selling to an african-american who comes to a hotel and says i want a room. so there you have them punishing a hotel owner or restauran...

We're confident this statute is constitutional and we will prevail when we defend it in court. what's your sense, attorney general, about the possibility of you winning the case? i talk to pete williams here, who is a pretty straight down the line reporter on this. he knows this stuff, he said there's a possibility you might have a case. it may be remote, however. what's your sense of the plausibility of you, of you getting served, going to the supreme court and winning your case with a 5-4, at least, decision? >> well, chris, i think we have a very strong case. as i said, in the past 15 years...