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Are thrown out and the insurers have to do what the democrats in the white house have decided is unhealthy. so it will be 18 ounce pop drinks. >> and they will be making us eat broccoli. >> bret: it was a lightening round. >> we are going to go to whippewhipper -- we are going to go to winners and losers. david, winner and then loser. >> congressional republicans th this week, the president took a bit of a hit because of the issues he is dealing with. it means they will investigate the scandals as they were going to do anyway and at least there's no voter reaction yet in terms of over reach. l...

Gasoline you bought. if you use tobacco products you're paying federal taxes on tobacco products you purchased. in each of those cases you are affirmatively engaging in behavior that you know is taxable but this is the first time in the history of the country that the court has permitted the congress to tax people for doing nothing. to punish them for refusing to do what the government wants them to do. that is a very, very dangerous precedent. i don't know if they will say eat broccoli or we'll tax you. i do know when they want to regulate private behavior which they are not authorized to reg...

The lawsuit could be 15 or 20 states and who knows how many by the end. >> mike: describe the difference between this lawsuit and the original lawsuit against obama care? some are going to say i thought you guys were already suing the obama administration. what is unique? >> westerlies the obama care lawsuit is based on congressional power under the commerce clause. can congress mandate the purchase of insurance. that is the obama care lawsuit the heart of it. it is not just about health insurance. it is about the breadth of congressional power. can they make us eat broccoli for breakfast beca...

States and who knows how many by the end. >> mike: describe the difference between this lawsuit and the original lawsuit against obama care? some are going to say i thought you guys were already suing the obama administration. what is unique? >> westerlies the obama care lawsuit is based on congressional power under the commerce clause. can congress mandate the purchase of insurance. that is the obama care lawsuit the heart of it. it is not just about health insurance. it is about the breadth of congressional power. can they make us eat broccoli for breakfast because it is healthier than the d...

States and who knows how many by the end. >> mike: describe the difference between this lawsuit and the original lawsuit against obama care? some are going to say i thought you guys were already suing the obama administration. what is unique? >> westerlies the obama care lawsuit is based on congressional power under the commerce clause. can congress mandate the purchase of insurance. that is the obama care lawsuit the heart of it. it is not just about health insurance. it is about the breadth of congressional power. can they make us eat broccoli for breakfast because it is healthier than the d...