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Of those four do you believe the supremes address all of them, one of them or perhaps two or three? >> i think they, bill, i think they address all of them. but the big mystery is what are they going to say on each one of them. you know, that's the fascinating part. i actually think if i were to pick which one two do i like the most, it's the whole issue of severability, and let me explain what that is. it's that when congress passes a statute, it usually includes what's called a severability clause meaning if it's someplace down the road someone strikes something unconstitutional, for instanc...

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 ...

Act which goes back to the 1870s and, specifically, it asks whether or not a taxation provision can prevent a court challenge until the law is fully in effect meaning are you taxed yet, and if you are not, can the judges rule on that? >> basically, is it right to decide today or do they have to wait until later? bill: and that could be 2014 or beyond. item number two, the commerce clause. dealing directly with the mandate. >> basically, can the congress force individuals to engage in commerce as a condition of living here. bill: next clause, severability. can the mandate be severed from the la...

Severability wish the bill? >> experts i talk to say yes, the congress did not include severability clause. the experts i talk to said the supreme court will do what it wants to do. >> bret: no matter what. >> yeah. they will not do something because congress for whatever reason didn't put that clause in. >> bret: mara? >> i think anything that is overturned is a bad day for the president. although, the one case i can imagine is if the mandate overturned and the two issues connected to it, community rating guaranteed issue, been a on the preexisting conditions and not being able to charge wome...

Sotomayor. >> i think there's a likelihood that those who obtained insurance up to this date may be okay. >> harris: grandfathered in. >> will not be retroactive, but we'll have to see the language of the opinion. and the larger is the severability. to put it in english, this law did not have a severability clause. what that means, if a court strikes down a portion of it the rest can stand. and it's generally accepted that if there's no such clause, then it can't be the case. however, tricky footnote. the court invalidated of the famous financial law sarbanes oxley, even though there was no se...