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based on the commerce clause of the constitution. but it was upheld based on the tax writing provisions of the u.s. congress, and the executive branch of the u.s. government. a 5-4 decision. the key decision by the chief justice of the united states, john roberts. he sided with the other, the democratic appointed members of the supreme court, breyer, ginsberg, kagan, sotomayor, together with chief justice john roberts, they were in the majority. kennedy, scalia, alito and thomas, they were in the minority. the health care reform law stays in full -- fully remains the law of the land ...

Power congress is going to have. and was this really that much of a part of the case, the whole issue of the tax? because we thought it was the commerce clause. >> governor, we were totally blind sided and i'll tell you, even the lower courts who rejected our-- who went against us, rejected the taxing power argument. so, no other court ruled that way, and even in the-- even if the federal government's briefing, they didn't even start talking about the taxing power until page 52 and it was only 63 pages long, i mean, to do any of us really believe that congress intended to tax the uninsured? of...

What kind of power congress will have in taxing. was this really that much of a -- part of the case before the court, the whole issue of the tax? we thought it was the commerce clause. >> governor we were totally blind sided and i'll tell you even the lower courts, who went against that, rejected the taxing power argument. so, no other court ruled that way, even in the -- even in the federal government's briefing, they didn't even start talking about the taxing power until page 52 and it was only 63 pages long, i mean, do any of us really believe that congress intended to tax the uninsured? of...