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Non-economic activity. and if they can regulate something you are not doing, that would broaden the powers beyond what the framers intended to be. >> reporter: after lake it over siblings weeks, they says it violates the u.s. commerce clause. >> shep: 26 states and white house staff says the ruling amounts to judicial activism which is a favorite phrase of the conservatives. >> reporter: a nice opportune table calling him an activist judge. keep in mind the obama administration lost half of this particular case. the other half the states were complaining was exertion of their powers the judge ...

Fourth testimony is credible. they just don't believe it judge kavanaugh assaulted her. >> it seems that she absolutely was wronged by somebody. it may turn out that they are both right, that she was sexually assaulted, but that he had nothing to do with it. >> i think doctor for its testimony, i thought it was very compelling, but it also lacked any evidence. it didn't have any corroboration, and i think that's one of the big differences that you saw between doctor for its testimony and judge kavanaugh. >> >> martha: all saying that te senate should go ahead and take a vote. sarah sanders sai...