correspondent kate baldwin were both inside the courtroom. jeff, you said based on what you heard in the courtroom, you think the court is likely right now to overturn this individual mandate. you just tweeted, i was looking at your twitter, you tweeted this was a train wreck for the obama administration. what happened? well, you saw right out of the bofrm three conservative justices just go after the solicitor general donald ver rilly. anthony scalia not a surprise. samuel, and anthony kennedy also who is usually the swing vote, expressing nothing but skepticism about the constitutionality. clarence thomas didn t say anything. john roberts to my surprise was the most sympathetic of the conservatives to the obama administration s position, but he wasn t very conservative he wasn t very sympathetic. so it really did look to me like there were five votes to strike down the affordable care act, the mandate provision. the four liberals on the court, stephen breyer, ruth bader
access health care which is the same penalty structure that s in the act. there is no moral dilemma between having people have insurance and denying them emergency service. congress has made a perfectly legitimate value judgment that they want to make sure that people get emergency care. since the founding, whenever congress has imposed that public responsibility on private actors, it has subsidized it from the federal treasury. it has not conscripted a subset of the citizenry and made them subsidize the actors who are being hurt which is what they are doing here. they are making young, healthy people subsidize insurance premiums for non-discrimination provisions that put on insurance companies, and that is the fundamental problem. so the i m i want to understand the choices you re saying congress has. congress can tax everybody and set up a public health care system. yeah. that would be okay. tax power. yes. congress can take the same position as your colleag
to have health insurance. it s scheduled to take effect in 2014. it imposes a financial penalty for not having health insurance. let s get right to today s hearing. what went on inside the court. our senior legal analyst jeffrey toobin and our congressional correspondent kate baldwin were both inside the courtroom. jeff, you said based on what you heard in the courtroom, you think the court is likely right now to overturn this individual mandate. you just tweeted, i was looking at your twitter, you tweeted this was a train wreck for the obama administration. what happened? well, you saw right out of the bofrm three conservative justices just go after the solicitor general donald ver rilly. anthony scalia not a surprise. samuel, and anthony kennedy also who is usually the swing vote, expressing nothing but skepticism about the constitutionality. clarence thomas didn t say anything. john roberts to my surprise was the most sympathetic of the conservatives to the obama adminis
on other discretionary items. he s got a lot of flexibility there. so there s no crisis. if they create this default crisis, it ll be of their own making. martha: interesting. mike carvin, good to talk to you, sir. thank you. martha: new clues that have convinced the police to exhume the remains of a child murdered more than half a century ago. this cold case that was so dramatic the president of the united states was getting daily updates on the situation involving this little girl at the time. it s a stunning story, and we will bring you that. plus, we have new surveillance tapes coming in capturing the exact moment of that deadly bomb blast in oslo, norway. we ve got that tape coming in, we re going to get that ready for you moments from now. you ll want to see it after this. just one phillips colon health probiotic cap a day helps defends against occasional constipation, diarrhea, gas and bloating. with the strains of good bacteria to help balance your colon.
he s got a lot of flexibility there. so there s no crisis. if they create this default crisis, it ll be of their own making. martha: interesting. mike carvin, good to talk to you, sir. thank you. martha: new clues that have convinced the police to exhume the remains of a child murdered more than half a century ago. this cold case that was so dramatic the president of the united states was getting daily updates on the situation involving this little girl at the time. it s a stunning story, and we will bring you that. plus, we have new surveillance tapes coming in capturing the exact moment of that deadly bomb blast in oslo, norway. we ve got that tape coming in, we re going to get that ready for you moments from now. you ll want to see it after this. just one phillips colon health probiotic cap a day helps defends against occasional constipation, diarrhea, gas and bloating. with the strains of good bacteria to help balance your colon. you had me at probiotic.