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Leigh obamacare and strike down the tax penalty, so they have literally said it is severable. republicans have spoken. they've said it's severable, yet, this judge is saying, no, i don't believe what the representative democracy delivered. i'm going to declare it unseverable. that's why legal experts, even legal experts who were opposed to the affordable care act in previous cases are saying had is just ridiculous. >> so joining me now for more on this is former federal prosecutor ra na toe mariotti. how do you respond to the legal criticism of this judge's ruling? >> i think it's fair to say ...

This is just one district court judge, and he'll be appealed, and he did make a point of saying that it can remain in effect pending these appeals. boy, it sends a strong statement to millions of people who have come to rely upon obamacare, and it's certainly going to be appealed. let me tell you a little bit about the background, right? how we got here. remember back in 2012, the supreme court upheld the individual mandate. that was chief justice john roberts. he cast that controversial vote. conservatives were livid, and he said it's okay under the taxing power, and then just in 2017, congre...

Given the makeup of the supreme court now with the additions of gorsuch and kavanaugh, why are you so confident? >> well, a couple of reasons. first of all, gorsuch effectively replaced scalia. kavanaugh replaced kennedy. you still have chief justice roberts and four, you know, democratic appointed justices who voted in the past to uphold the aca. so unless there's any other shake-up between now and then, it's hard for me to believe that if chief justice roberts and the other four justices had the opportunity to invalidate the affordable care act in the past when i'd say that there were more -...

Intact with one small exception that i don't think would matter to our viewers. but i do think more groups are going to get involved in legal challenges both to attack and defend the affordable care act. then as you point out, you know, the affordable care act, certain provisions of it like the protection for pre-existing provisions is very popular, even though the trump administration and the attorney general opposed it. i would think that there will be -- although i'm not a political expert -- i would think there would be efforts on the political front to pass new laws that would ensure rega...

The supreme court's going to do because i don't. all i would say is if i was a betting person i would bet on the supreme court, you know, not upholding this ruling for the reasons i've already stated, and in any event, that's not something that's going to be decided anytime soon, and in the meantime the affordable care act will remain in effect. >> what other legal challenges could you see? it could come from capitol hill. nancy pelosi has slammed this ruling. where else would this ruling be challenged? >> sure. so first of all, one thing that's important to note is as ariane alluded to, the t...