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You say it's constitutional. talk about different strokes. >> yeah, completely different strokes. and i just respectfully disagree with my colleague in the state of florida. listen, we're all looking at the same set of laws. we understand that commerce has an expansive commerce clause power. we understand that the medicaid program that we're all engaged in at the state level, that it's a voluntary program. right here in georgia, almost 60% of the moneys that we get come from the federal government. states can choose to opt in or to opt out. so we understand that, and there is something we call...

You're 20 points behind. is this going to be an issue in the campaign? the fact that you won't sue the federal government, is barnes saying he will? is this going to be a democrat issue as well as a republican issue? >> i have no idea what former governor barnes would raise in this campaign but i'm clear on this point. what we've said in this case is absolutely correct. and you know this effort to impeach me here in this state because i've told this state what the law is and really told the truth, it's something that we'll talk about. i'm sure others will talk about as well. but we've done it ...

We mentioned milwaukee, it was in new orleans, it's been in washington, d.c. it's been in boston. cardinal law had trouble with it. >> this is what disturbs me. here's part of an "associated press" report. court documents show vatican lawyers plan to argue the pope has immunity as head of state, that american bishops who oversaw abusive priests weren't employees of the vatican and a 1962 document is not the smoking gun that provides proof of the cover-up. what do you make of the vatican issuing basically a political -- a legal defense saying the pope can't be sued because the pope is head of t...

Was totally constitutional and dismissed the claim. it's the same thing we've got going here now with the federal act. >> and i think even judge scalia, who's a real strict constructionists, whatever you want to call him, the first -- met with what they call -- he basically believes if you pass the law it's got to be given real credibility. what do you make of bill mccolllowing your colleague out here in the attorney general in state of florida. that this bill is quoteainvation of the sovereign state of florida. this is an invasion of the sovereignty of the state of florida. and you say it's c...

Bishops. that's their legal defense. what do you make of that? >> he has more than plausible deniability here. he's above the law. no law can touch him. he's taking no responsibility for the bishops. he can't be touched by the state because he's a head of state. he has no responsibility to the bishops because he, quote, doesn't employ them. i've never seen such a thoroughgoing, shedding of snnlt a moral or i criminal matter p it's disgusting. >> chris, not everyone. but dozens of diocese, take a look at los angeles under cardinal mahoney, of diocese, even washington, d.c. and others have -- >>...