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Constitution. again, either way, in this case it is a difficult case. if you go by new deal precedent the mandate is including the cla clause. you can say that doesn't make sense. roberts did neither of those things. it was attacks in one case for the purposes of constitutionality and the anti-injunction act. kind of made it up as he was going along. >> the true conservative vision is to go back to a jurisprudence of the new deal. i want to put it on the table as a radical thing to say whether true or not. >> it was within the conservative legal movement. there are two positions. one is thomas...