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It was made in a supplemental. the argument is there is a state's rights problem with the petitioner's argument because you cannot give the states billions of dollars in tax subsidies and i think them away without warning. this goes back to long history of these federal state cooperative programs where the federal government is never allowed to kind of jerk the states around in exactly the way you heard kennedy say where either you create an exchange or we send you into a death spiral was his language. this argument is the sleeper argument in a case that's otherwise just about the text. four w...

Can't take it in pieces. >> gregg: what do you think? >> the question becomes is it intertwined with the other parts of the law. good argument to be made it's not intertwined with the other parts of the law. you can sever this out and even if it is struck down, rest of the health care law will go on. >> gregg: sleeper argument i think is the very last argument the supreme court will consider, sovereignty. does the laws expansion of medicaid violate the sovereignty of states under the tenth amendment forcing them to spend their own money? since when rachel have the federal government to force s...