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Bit more about what the ruling said and the judge and his language and choice of words. and he said this is an average case about average guns used in average ways for average purposes. one is to be forgiven if one is persuaded by news, media and others that the nation is awash in murderous ar-15 riflesch the facts, however, do not support this hyperbole and facts matter. >> yes, facts do matter. i completely agree with him. look, in the heller decision, the last supreme court decision of any note on this when justice scalia wrote the majority, he talked about assault style weapons in that cas...

Court's deliberations and votes. and in fact, chief justice roberts did write in sum, ended up writing both the majority and the dissent in this case. >> julian epstein, your reaction to what we're learning from inside the court. >> well, i have a great deal of respect for paul, and i think that it's going to get confusing your viewers, because there are, in fact, three majority opinions and three dissenting opinions. >> okay, go ahead. make it more complicated. go ahead. >> well, i'll try to make it more simple. i think this is a theory about justice roberts changing his opinion at the last m...

Sc scalia wrote the majority -- essentially had the majority view when it came to the commerce clause. when you talk about scalia saying that the question on the tax didn't need to be addressed -- the direct tax issue didn't need to be addressed because that would imply that the majority opinion felt that the tax provision was unconstitutional, i think your forensics on that are incorrect as well, because, really, what i think the position of the court there is that you don't have to get to the direct tax question, because this isn't a direct tax. this is a penalty. so i think the forensics th...

Third, if you read justice -- the chief justice roberts' opinion on the irs penalty, he makes it clear that he thinks the conservative view on the irs penalty is absurd. and in fact, his opinion is very close to your piece last tuesday, lawrence, on the irs penalty being in the tax laws extensively in this country, as we talked about the other night. you have tax penalties if you don't get married, you have tax penalty iies if you don't get a child, you have tax benefits if you get a home, you have tax benefits if you get an education. and chief justice pointed out this is very common in the t...