watching the second hour, it wasn t nearly as clear that justice kennedy was only unkofrtable with the government side. he asked some pretty pointed questions at the entds of td of second hour and certainly gave some intimation that he understood ha the health care market is different from the broccoli market. i think the more important point is what happened in oral argument particularly in a case like this isn t the whole story. what s going to happen in friday at conference is going to be part of the story and even more importantly in looping back to your opening there, what the justices are thinking or justices like i think anthony kennedy and john roberts is how does this impact the court to hand down another five-four citizens united in an election year. i don t think it s just a slam dunk certainly for those two
some intimation that he understood ha the health care market is different from the broccoli market. i think the more important point is what happened in oral argument particularly in a case like this isn t the whole story. what s going to happen in friday at conference is going to be part of the story and even more importantly in looping back to your opening there, what the justices are thinking or justices like i think anthony kennedy and john roberts is how does this impact the court to hand down another five-four citizens united in an election year. i don t think it s just a slam dunk certainly for those two justices to pull the trigger on that. what sort of what do you watch for?
watching the second hour, it wasn t nearly as clear that justice kennedy was only unkofrtable with the government side. he asked some pretty pointed questions at the entds of the d he second hour and certainly gave some intimation that he understood ha the health care market is different from the broccoli market. i think the more important point is what happened in oral argument particularly in a case like this isn t the whole story. what s going to happen in friday at conference is going to be part of the story and even more importantly in looping back to your opening there, what the justices are thinking or justices like i think anthony kennedy and john roberts is how does this impact the court to hand down another five-four citizens united in an election year. i don t think it s just a slam dunk certainly for those two justices to pull the trigger on that.
you have just shoveled the cost on to the doctor or the public. good lawyer, though. actually, though, you re making an argument in theory that is going to expand the commerce clause. no, it s not expanding it. of course it is. the commerce clause allows commerce to regulate interstate commerce. helping is that freedom? no. i ve already said on many occasions you can t force people to buy broccoli. why not. i m about to say so. if you would stop adoring me, i could get to the facts. in health insurance you cannot have a health insurance market unless you have everyone in the market. and the reason is, the healthy people will come out and they will only come into the market when they need it. in the broccoli market, we have broccoli without forcing people to buy it. health insurance, we ve tried to
for. this is setting the rule for this subject, period, end of for. i think judge sutton s argument really is the killer because this is a market everybody is in and it just says, how you have to pay for something that everyone is getting. caller: professor, how do you respond to the challenges that if congress can regulate this and tell americans they have to buy something, that there won t be a limit on federal power, they can tell you you have to work out or eat broccoli or by other things to make you healthier? you have heard that argument. how do you respond to that one? it s totally bogus because, as judge sutton pointed out, everybody is not in the working-out or in the broccoli market, but everybody is in the health care market. or 95% of the population. so they re not being forced into a market they are not in. they are being told, being