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There are limits to what presidents can do and just like harry truman did in that case, joe biden has far exceeded his power here. it is only a matter of time before the court acknowledges that. bill: the threat from the white house is you pay a $14,000 fine i think for each offense, which would suggest that every employee is in violation it s 14,000. do you believe today that any american pays that fine, senator? i think it is very unlikely that any american ends up having to pay that fine after it has been litigated. the sad thing is and what worries me is that as that risk mounts, they can t tell for sure what the supreme court will do or when it might do it. so i think most businesses will end up paying that almost as a form of extortion and that s where due process is lost. exactly why i think some companies will challenge it and i think the supreme court will review it and will conclude that president biden exceeded his authority. ....
So many people are so worried is because this also would do away with coverage for people with pre-existing conditions? right, pre-existing conditions. remember that part of the law that said young people could stay on their parents program until 26, expanding medicaid, that s why it s just absolutely so broad what this judge did last night. and keep in mind, the trump administration had refused to defend the individual mandate, so california and several other states sne states stepped in, and they said last night we re going to a federal appeals court: they re going to take it to the appeals court. look, if the appeals court upholds what this judge did last night, then it will certainly go right to the supreme court. if it tailors it a little bit, says maybe the individual mandate must fall, but other provisions can stand, maybe it won t go to the court, but when there s a big legislative piece of legislature in front of the courts, the supreme court likes to have the last word. ....
Given the makeup of the supreme court now with the additions of gorsuch and kavanaugh, why are you so confident? well, a couple of reasons. first of all, gorsuch effectively replaced scalia. kavanaugh replaced kennedy. you still have chief justice roberts and four, you know, democratic appointed justices who voted in the past to uphold the aca. so unless there s any other shake-up between now and then, it s hard for me to believe that if chief justice roberts and the other four justices had the opportunity to invalidate the affordable care act in the past when i d say that there were more the challenges were more weighty from a legal perspective here the reasoning is a bit tortured. so i think certainly you can t predict for sure what the supreme court s going to do and i don t mean to tell people here that i know for sure what ....
Supreme court would actually rule on this because of the new makeup of the court? right, there s the new makeup of the court. you have to, you know, the court has upheld this law two times, not only not once but twice, but the thing is is this time they might be concerned with something we called severability. that is if you strike down one provision of the law, can you really can one judge strike down the whole thing? a and they ll also look at the intent of congress. congress could have decided not to allow the whole thing to go into effect, and it didn t, so the justices, if it gets to them, they ll take those two things into consideration. thanks so much. i spoke earlier with one of the architects of obamacare, jo jonathan gruber and i asked him about his reaction to this texas judge s ruling. i think it s really disappointing. it s essentially a perversion of representative democracy. republicans controlled the congress. they had a chance to strike down obamacare. they ....
The people around him. now, these are the current active investigations in and around trump s orbit. the trump campaign, the trump transition team, the trump inaugural committee, the trump foundation, the trump organization and of course the trump administration itself. so for more cnn s erica orden joins us. she is following all of this. let s talk specifically about flynn and how this latest memo from the mueller team could impact his sentencing, which is due to take place on tuesday. reporter: that s right, so it s not clear from what s transpired in the court filings that the sort of dispute over how the questioning of flynn unfolded will impact the actual sentence that michael flynn receives. michael flynn, both flynn s attorneys and the special counsel prosecutors have asked for sentences of little to no prison time, but what may happen ....