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>> look, chris, i've always thought it was going to be very difficult to make this work. because the argument is -- there are issues on which federalism is a justifiable issue. to argue. where you say you want state experimentation. but in this case if your argument is that an individual mandate constitutes european-style socialism, you can't say that it's european-style socialism, it's good in one state and it's bad in another state. either you're against european-style socialism or you're for it. and if you have it in massachusetts it's presumably because you think it's a good thing, europea...

The chamber of commerce, not natural allies on many issues, and also had a very conservative court, going against the chamber of commerce in favor of state authority here. what i think this really is going to do is it ups the ante. now the court has said there's not a total preemption of states and so the next obvious question is, how far does this go? there are two cases still that are going to come before the court on a petition that could give us more of an indication even before 1070 of how the majority felt. but christine, i think the one thing this case clearly shows is that there are fo...

and welcome to "american morning." it is friday, may 27th. the beginning of a long holiday weekend for many in this country. >> that's right. hopefully the beginning of some nice, calm, summer weather which we have not seen. >> we haven't seen. it's not going to be a great weekend for those in joplin, missouri. the search for the missing there continues. the state officials are releasing a list of 232 people who are still unaccounted for, a list they concede may not be entirely accurate. the death toll right now stands at 126. >> we're getting a look at some dramatic new video when j...

Federalism argument saying, well, it is okay at the state level to have a state experimentation or state experiment with this, but not okayt the national level. because he's had such problems with shifting positions of social issues in the past, he couldn't renounce it because then he would underscore the character issue about mitt romney not being able to stick with the position, so he said, i'm not going to apologize, not going to say it was a mistake, but it was only okay at the state level. that is a hard needle to thread. he still is the republican with the best chance of those in the rac...

Difference about the role of government in ordering people's lives that he's going to have to now defend. and republicans are going to say, well, you're defending president obama's plan. jon: well, he wrote you a pretty blistering letter, you guys published it in today's journal. while i have had my disagreements with the editorial board -- that would include you, paul -- where we find common need is to repeal obamacare and replace it with reforms that empower states to craft their own solutions. i mean, whether you like it or not, it was a massachusetts state solution that he tried. >> no que...