circuit asked the justice department to do. why? >> i don't think very much of it at all. you know, this judge did not go after george bush when he said over and over again that activist judges are thwarting the will of the people, he didn't go after mitt romney when mitt romney said a few months ago that unelected judges are thwarting the will of the people. but when a democratic president say it is exact same thing, suddenly this judge has a problem with it. that isn't how judges are supposed to act. this is partisanship on the part of the judiciary, and it's not appropriate at all for judges to weigh into political disputes this way. jon: but wait a minute, didn't he essentially challenge the president when the president said that the supreme court should not overturn the health care law because, you know, the court doesn't have the power, isn't that essentially what he was challenging? >> the court doesn't have the power to overturn the affordable care act. the constitution says that congress can regulate commerce. the affordable care act is a regulation of one-sixth of the nation's economy.