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Guess what? the two democratic appointed judges are with the president, guess what? the two republican appointed judges are against him. is this partisan judicial behavior on all sides? >> well, chris, first of all, thanks for having me and the fact that you mentioned its lo and behold right in florida causes us to have question. not only is this judicial activism, it's overreaching and it doesn't even meet the mainstream test. not to follow precedence by supreme court law and not to do a true analysis to cut out an entire bill based upon one provision is way out of bounds, even for republican...

Don't know what you would call it. we have a long-standing history of being able to utilize legislation based on the commerce clause and this is no exception. come to my hospitals. we got hospitals open, having to care for people because they haven't done the preventative care themselves. >> well, you have sold me. i want to go back to congressman moran on the same question. if a person is willing to walk around with a sign that says if i'm in a car accident, have a heart attack, leave me alone and let me die because i don't want to be part of interstate commerce. i mean, i know that's ludicro...

Behavior on all sides? >> well, chris, first of all, thanks for having me and the fact that you mentioned its lo and behold right in florida causes us to have question. not only is this judicial activism, it's overreaching and it doesn't even meet the mainstream test. not to follow precedence by supreme court law and not to do a true analysis to cut out an entire bill based upon one provision is way out of bounds, even for republicans. >> what did you make of the charge that you can't use interstate commerce clause to cover all activity and nonactivity? you can't punish a person with taxation ...

It doesn't even meet the mainstream test. not to follow precedence by supreme court law and not to do a true analysis to cut out an entire bill based upon one provision is way out of bounds, even for republicans. >> what did you make of the charge that you can't use interstate commerce clause to cover all activity and non-elevate. you can't punish a person with taxation for not buying health insurance when there's no commerce there, the person is not buying anything, how can you say that they are include in commerce. what do you think of that argument anyjudge? >> well, i think it's pretty wea...

Haven't done the preventative care themselves. >> up sold me. i want to go back to congressman moran. if a person is willing to walk around with a sign if i'm in a car accident, have a heart attack, leave me alone and let me die because i don't want to be part of interstate commerce. what's your argument for why this is constitutional if you have one? >> well, clearly we have determined that we're going to provide health care when needed, even to people who don't have insurance coverage. that means that all of us have to pay it, those of us who have insurance coverage. it's reflected in hospit...