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Home was not dangerous. palm beach police say it turned out to be an electronic plaque, set by a fan. as a business opportunity. rush limbaugh made headlines after describing a college student as a prostitute, after she testified in a congressional hearing about contraception. i'm ainsley earhardt. now back to "on the record" with greta. for your headlines, check out our web site. have a good one. >> greta: it's happening this month. the supreme court takes up president obama's national health care law. we are closer to finding out, is it constitutional or not? there is a lot of talk about the...

>> yes, absolutely. that is the crux, the main part of our argument. the two other arguments, of course, were the medicaid said, there's been -- there's very little case law on the they did it with much hesitation and without much serious thought, because we've always said that's got to be the issue argued before the supreme court, and we also did not prevail on the severability clause, however that without that mandate the entire obama care falls. that the federal government cannot force us to purchase a product simply by behbñ?ñ?ñing alive, at it's unconstitutional. >> greta: all right. s...

Is that correct? >> yes, absolutely. that is the crux, the main part of our argument. the two other arguments, of course, were the medicaid said, there's been -- there's very little case law on the they did it with much hesitation and without much serious thought, because we've always said that's got to be the issue argued before the supreme court, and we also did not prevail on the severability clause, however conceded that without that mandate the entire obama care falls. that the federal government cannot force us to purchase a product simply by behbñ?ñ?ñing alive, at it's unconstitution...

To delay the enforcement of the -- >> they want to go forward with health care reform and they wouldn't mind if the decision took ten years, before -- >> gregg: but lis, congress is the one that removed the separability clause: to kicongress intends to implemt reform it should do a comprehensive examination of the act and make a determination as to which provisions will work as intended without the individual mandate, and which will not. >> if congress wants to redefine that, that is fine, that is another -- but the action, this decision, is done. and, you know, unless congress moves in and do...

Bits of it unconstitutional, they can sever the bits from the law. democrats insist it is implicit in this kind of law. who is right? >> well, first of all, it was a colossal mistake not to have a severability clause. it's a standard clause. it's not clear why it was kept out. some say it was a blunder. some say it could be a game of chicken. they wanted to make clear, if you take out the individual mandate, you are risking the entire bill to give the judges a bit of sticker shock. either way, it was a mistake. it opened the door to allow a judge like him to strike the entire act. it is certai...