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It was unfair then and if you look at this, she voted to uphold obamacare. >> she did. she voted not to breach the issue. there was no standing. if you listen closely to justice barrett during her confirmation hearings what she said she thought the case was about the issue of severability. she tell graphed during her confirmation she would not vote to strike down all of obamacare. i'm not surprised by this. >> dana: this case out of philadelphia where a catholic charity was saying it was against their principles in order to have lgbt couples be foster parents. the court ruling 9-0 in favor of ...

Decide this is not severable. there's no reason to do it. >> are you confident in the appeals process this will not go any further? >> no, i am not confident. previous cases on the affordable care act has all been clearly by an objective standard easy wins, and yet they passed by the skin of their teeth. constitutional experts in 2012 by an 80 to 90% margin said the mandate was unconstitutional, and the supreme court found it was not. the supreme court does care about the opinion of the american people. the american people have spoken. they believe that protecting people with pre-existing cond...

Now. bill: our fox polling came in yesterday afternoon, some of the findings were fascinating. 49% surveyed oppose the new law still to this law and 39% favor it. 60% believe the individual mandate that we just talked about to buy insurance is a violation of individual rights. >> reporter: that's interesting those polls have not changed since april of 2010. the severability clause is interest nothing this case and will determine whether the court decides to throw the whole bill out or not, and the law, rather. in the bill as it was written the severability was taken out of the bill, and if in ...

I say could because they don't necessarily have to, but i want to let viewers see the possibilities right now. regarding the issues that are before the supremes. number one is this anti-injunction act which goes back to the 1870s. can a taxation provision prevent a court challenge until the law was fully in effect which means can you rule on a tax before the tax is applied if you define this penalty defined as a tax or not? that's number one. number two deals with the commerce clause, can congress enact the minimum coverage provision. that deals directly with the mandate. and then you go to nu...

Want by and large the obama bill to pass in the first place, they will be back here immediately saying we have to fix these other pieces of it because you can't just force us to cover people when they get sick. we have to do something to meet the economics. >> i still don't know how the supreme court can throw out just the plan date without a severability clause in the statute to throw out the whole thing. but i don't know. they may uphold it, i have no idea. they get to do exactly what they want, and they will. nice to see you, rick. >> thanks, greta. >> coming up with the contempt vote just ...