i m going to be modest in that respect. and he said that it is possible to construe the statute as a tax. i don t think he loved the idea, but he said it was his responsibility, and that gave the administration the critical fifth vote that it needed having lost the court s normal center vote or swing vote, anthony kennedy, who was through and through with the dissenters. megyn: and yet the news was not all good for congress in particular and the administration overall, and what was interesting in part in this decision, tom, was how hard the court came down on the commerce clause argument which was what they spent all their time on virtually at the oral argument, the government saying we have the power to regulate interstate commerce. people sitting on their couches affect interstate commerce when it comes to health care whether they know it or not, and a majority of this court said, no, and clipped congress wings on what has previously been read to be a very expansive power, the comme