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Under congress' power to regulate congress. that means the mandate is gone. we'll take a look and i'll try to get to the rest of it. we are going to get to severability. bill: we talked about the fog of law, and to our viewers at home, be patient with us as we work through this. megyn you're seeing something now. megyn: we are getting conflicting information. as we follow scotus blog.com which covers the high court they say despite what shannon just read that the individual mandate is surviving as a tax. this is not confirmed by us yes, this is according to scotusblog who has the opinion. they...

Statute which is not there. >> and the severability clause was in the original obamacare legislation. that was removed. that's a clear indication of legislative intent, that congress, this body, decided if one part of the bill was declared unconstitutional, the individual mandate, the whole bill would fall. so it's pretty clear, it's pretty black and white, if the supreme court finds the individual plan date is unconstitutional, then nor part of the bill should survive. >> do y anticipate no matter which way the decision it tomorrow night there will be a criticism that the supreme court is par...

Unconstitutional. i have to read through this. there is limitation on it. the severability clause only came into effect, as least as i understand it if the individual mandate clause were declared unconstitutional. then the question the court would have to consider is do we toss the whole statute out. obviously that did not happen. bill: greta, what is your view, 25 minutes into this on the point that bret was making a moment ago, about chief justice john roberts? >> well i could say rather flip, he's made up for making that mistake at the swearing in. remember that little faux pas, being flip....

Statute which is not there. >> and the severability clause was in the original obamacare legislation. that was removed. that's a clear indication of legislative intent, that congress, this body, decided if one part of the bill was declared unconstitutional, the individual mandate, the whole bill would fall. so it's pretty clear, it's pretty black and white, if the supreme court finds the individual plan date is unconstitutional, then nor part of the bill should survive. >> do you anticipate no matter which way the decision it tomorrow night there will be a criticism that the supreme court is p...

The supreme court as far as i can conclude reading this very voluminous desist, this is a tax, and congress can tax. huge win for the obama administration. bigger win for the lawyers, they sat back while the politicians said this wasn't a tax. it was the lawyers that went in and said this is a tax enabling the court here to agree with them and say it's a tax. bill: we went through four questions posed to the court one hour ago. one of them on severability, greta apparently was never even addressed and did not have to be addressed because the mandate was upheld. >> that's right. bill: the item ...