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The mandate. because if the mandate is found to live under congress's constitutional power to tax, then, of course, it is constitutional. leave it to justice samuel ilie toe to highlight the difficult corner the administration painted itself in to on the question of is it or isn't it a tax. >> today you are arguing that the penalty is not a tax. tomorrow you are going to be back and you will be arguing that the penalty is a tax. has the court ever held that something that is a tax for purposes of the taxing power under the constitution is not a tax under the anti-injunction act. >> no, justice...

Court views the mandate as a tax they might decide they cannot decide this case until mb somebody actually has to pay the tax in 2015. on the other hand, claiming the mandate is a tax will help in tomorrow's argument when they discuss the constitutionality of the mandate. because if the mandate is found to live under congress's constitutional power to tax, then, of course, it is constitutional. leave it to justice samuel ilie toe to highlight the difficult corner the administration painted itself in to on the question of is it or isn't it a tax. >> today you are arguing that the penalty is not...

few oral arguments of his own. >> it is [ bleep ]. >> his temper. >> it's [ bleep ] blp. >> the horse is out of the barn. he loses himself when he loses his anger. >> if you haven't cursed out a "new york times" reporter during a course of a campaign you are not a real republican. >> rick santorum is taken his campaign to the steps of the supreme court. >> this is the most important issue in this election. >> president obama's health care law heads to the supreme court. >> the high court rule willing determine how you get and pay for your health care. >> on the obama health care webs...

conservatives must say no, he is wrong. >> unhinged and desperate. rick santorum is getting in to a few oral arguments of his own. >> it is [ bleep ]. >> his temper. >> it's [ bleep ] blp. >> the horse is out of the barn. he loses himself when he loses his anger. >> if you haven't cursed out a "new york times" reporter during a course of a campaign you are not a real republican. >> rick santorum is taken his campaign to the steps of the supreme court. >> this is the most important issue in this election. >> president obama's health care law heads to the supreme court. >> the high cou...

>> if you haven't cursed out a "new york times" reporter during a course of a campaign you are not a real republican. >> rick santorum is taken his campaign to the steps of the supreme court. >> this is the most important issue in this election. >> president obama's health care law heads to the supreme court. >> the high court rule willing determine how you get and pay for your health care. >> on the obama health care website, is a t-shirt here for stay? >> it is go with it. >> the center piece of the failure is this piece of legislation back here, obamacare. >> you know what you get...