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Credit, a kind of tax subsidy and there is a hypocrisy issue here, paul, because the left keeps saying, oh, the taxes don't matter, businesses don't make decisions based on taxes and that's okay to raise taxes, but the wind industry and the algae industry can't possibly survive if we don't give them these tax benefits. i think the republicans should attack that hypocrisy. >> paul: steve, you said the left or five, six repubcan senators voted for the tax extenders bill in the finance committee. >> great point. >> paul: both parties have their fingerprints on this, and the question i have, why w...

What what was the political effect in your judgment? >> i think what the white house is trying to correct is that the president spoke too broadly. obviously it is not unprecedented for the supreme court to overturn a law. they wanted him to say economic activity under the commerce law. the ground is being laid for what you might call a war on the court that liberals and the president now will be make the kind of argument that conservatives used to make if the supreme court does overturn this that you had 26 republican attorneys general and five republican appointed supreme court justices overt...

Conservatives used to make if the supreme court does overturn this that you had 26 republican attorneys general and five republican appointed supreme court justices overturning a law passed by congress and this is conservative judicial activism. i think that is what you will hear if the court does go ahead and overturn this. >> and one more issue which is the hypocrisy issue here. at the same time the president of sort of condemning the court for thinking about knocking down a duly constitutional law, the president's lawyers from the justice department were in boston in the first circuit askin...

Law. the political message is the ground is being laid for what you might call war on the court. that liberals and the president, now, will make the kind of argument that conservatives used to make if the supreme court overtowns this you had 26 republican attorney general, and you had five republican appointed supreme court justices overturning a law passed by congress and this is a conservative judicial activism. >>reporter: and the hypocrisy issue, because at the same time the president was condemning the court for thinking of income down a duly constituted law passed by a strong majority of...

Pattern. >> it is and you cited the two best cases, the '92 to '94 example that resulted in a republican landslide and then the 1995 -- the 2005, 2006 examples that produced the democratic congress against republicans. so neil, i almost think that there's a karma involved. that is parties either have good luck or bad luck and truly sometimes the problems just keep mounting up, the plate keeps getting hoped higher with -- heaped higher with difficulties and embarrassment. >> neil: the hypocrisy issue comes up with republicans. that i had their own schedules with democrats when they came in and ...