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Some conservatives insist or are these lawsuits a waste of taxpayer money? roger peylon is vice president of legal affairs for the cato institute. roger, let's start with you. make your best case. why is this unconstitutional? >> let's start with the mistake in your lead-in. it's not 13 republicans. there's one democrat attorney general that bought this suit as well. why is it unconstitutional? first of all, let's start with the constitution itself. nowhere does the constitution authorize the congress to enact a health care bill of this kind. now, modern constitutional law is -- that's the fir...

Power. but you said it authorizes congress to regulate commerce. here you've got a bill that requires people to buy insurance. that's not regulating commerce. that's regulating human activity, indeed, human inactivity. >> i said that, roger, on the state level they force people to have -- there's a mandate that you buy car insurance on the state level. in any case -- >> no, no. don't let that one go. because that is a perfect example of the misunderstanding here. that is a law which requires you to buy insurance for the protection of third parties. this is requiring you to buy insurance -- >> ...

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