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The question is whether or not the federal government under our federalism scheme has the authority to regulate marriage. >> chris: justice anthony kennedy widely regarded as the swing vote of the supreme court weighing in today on the defense of marriage act denying federal benefit to same-sex couples even if they have been legally married in their state. let's bring in the panel. fred barnes of "the weekly standard." charles lane for the "washington post." syndicated columnist charles krauthammer. well, in the prop 8 hearing yesterday, several justices seemed concerned and uncertain whether ...

What provisions of this law will be ruled on in court today? >> reporter: the most controversial part is the requirement that arizona -- this is on hold, but this is what the law said. if arizona police when they stop anybody for whatever reason, if they suspect they're in the country illegally, they must detain them and check on their immigration status. the federal government argued this is a federal responsibility, not a state responsibility and that the constitution prevents laws from -- prevents states from passing law that interfere with federal law. how the supreme court rules on this c...

And only president in modern history that cut medicare, there's a pretty significant differences and one more of course is that the federal takeover of what has been a state responsibility, constitutionally, so on day one, if i'm elected president, i will direct the secretary of health and human services to grant a waiver from obama care to every single state. i want to stop that bill. want to stop that law in its track and go back to a setting where states and individuals had the responsibility for health care. >> the wall street journal said it resulted in increased cost to the consumers and...

. so there is significant differences and one more, it is a federal take over of what is a state responsibility constitutionally . day one if i am elected president. i will direct a waiver from obama care to every single state. i want to stop that bill and stop that laww in its track and go back to where states and individuals had the responsibility for health care. >> the wall street journal was critical in the massachusetts plan. said it was longer waiting time and increased costs. has that done that in massachusetts? is that an accurate assessment of the unintended consequences. >> the rate...

. so there is significant differences and one more, it is a federal take over of what is a state responsibility constitutionally . day one if i am elected president. i will direct a waiver from obama care to every single state. i want to stop that bill and stop that laww in its track and go back to where states and individuals had the responsibility for health care. >> the wall street journal was critical in the massachusetts plan. said it was longer waiting time and increased costs. has that done that in massachusetts? is that an accurate assessment of the unintended consequences. >> the rate...