WEBVTT

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AFFORDABLE CARE ACT.

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LET’S TURN TO PETE WILLIAMS.

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HE IS FOLLOWING THE CASE AND

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KNOWS THE INS AND OUTS OF THIS.

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PETE, FIRST I’D LIKE TO KNOW

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WHAT -- HOW THE ORAL ARGUMENTS

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WENT AND ALL THE TEA LEAF

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READING THAT EVERYBODY LIKES TO

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DO THERE.

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THE SECOND QUESTION, ARE WE

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REALLY GOING TO HAVE TO WAIT

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UNTIL JUNE TO FIND OUT WHAT THEY

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THINK?

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>> THEY’LL SPARE THE LAW AND,

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YES, IS MY QUICK ANSWERS TO YOUR

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QUESTIONS.

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I DON’T KNOW.

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MAYBE WE’LL GET IT A LITTLE

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EARLIER THAN JUNE.

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BUT THESE TEA LEAVES ARE PRETTY

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BIG AND APPARENT.

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SO LITTLE BACKGROUND HERE.

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CONGRESS PASSES THE AFFORDABLE

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CARE ACT.

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IT’S IMMEDIATELY CHALLENGED AS

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UNCONSTITUTIONAL BECAUSE IT SAYS

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EVERYBODY HAS TO GO BUY

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SOMETHING, NAMELY INSURANCE, AND

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THE OPPONENTS SAID CONGRESS

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DOESN’T HAVE THAT POWER.

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THE SUPREME COURT UPHOLDING THE

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LAW SAID IN 2012, NO IT ACTUALLY

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JUST GIVES AMERICANS A CHOICE.

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EITHER BUY INSURANCE OR PAY A

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TAX AND, THEREFORE, IT’S A

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LEGITIMATE USE OF THE TAXING

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POWER.

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THEN CONGRESS SAID, OKAY, IN

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2017, WHEN THE REPUBLICANS WERE

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IN CONTROL.

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WE’LL SET THE TAX AT ZERO.

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NOW YOU CAN’T DEFEND IT AS A TAX

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ANYMORE.

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THERE ARE THREE QUESTIONS BEFORE

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THE COURT.

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DO THE RED STATES THAT ARE SUING

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HAVE THE STANDING TO SUE?

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ARE THEY INJURED ENOUGH BY THIS

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TO REALLY HAVE A CASE?

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SECONDLY, IS THE MANDATE

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UNCONSTITUTIONAL, AND THIRDLY,

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IF IT IS, DOES THE REST OF THE

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LAW HAVE TO GO WITH IT?

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AND I THINK, CHUCK, THERE ARE AT

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LEAST FIVE JUSTICES WHO WILL SAY

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THAT YOU CAN’T -- EVEN IF IT IS

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UNCONSTITUTIONAL, THE REST OF

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THE LAW HAS TO BE INTACT.

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CHIEF JUSTICE JOHN ROBERTS

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EXPRESSED THAT BEST WHEN HE

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ASKED THIS QUESTION.

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>> I THINK IT’S HARD FOR YOU TO

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ARGUE THAT CONGRESS INTENDED THE

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ENTIRE ACT TO FALL IF THE

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MANDATE WERE STRUCK DOWN, WHEN

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THE SAME CONGRESS THAT LOWERED

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THE PENALTY TO ZERO DID NOT EVEN

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TRY TO REPEAL THE REST OF THE

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ACT.

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I THINK, FRANKLY, THAT THEY

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WANTED THE COURT TO DO THAT, BUT

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THAT’S NOT OUR JOB.

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>> WELL, MR. CHIEF JUSTICE, I

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WOULD RESPECTFULLY SUBMIT THAT

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IT IS THE COURT’S JOB TO FOLLOW