the 26 states involved in this process. rarely do you see more than half of the states of this country challenging the legality of a law passed by congress. this puts it squarely on the plate of the united states supreme court to resolve an issue that affects more than half of the people of this country against it. we believe the supreme court will and should uphold the decision that came out in favor of the states in the 11th 11th circuit court of appeals that says this is not an issue about whether or not healthcare or insurance is something that can be regulated by congress but an issue of first impression about whether or not congress can force americans to purchase a product. never before has the commerce clause been stretched to force americans to purchase a product. we believe the supreme court will not expand the commerce clause to include that mandate on americans and infringe or liberties. how do you respond to those who point to lower court
part of the law can be thrown out and the rest of the plan can survive. absolutely. first of all, i don t think we ll get to severability based on the history and supreme court precedent back to the founding and great chief justice marshal, i think they will uphold the mandate then they don t need to get to the severability question the issue is important, because it will decide whether or not the rest of the act which many americans support, including the ban on insurance companies discriminating based on preexisting conditions, allowing expanded access to medicaid for individuals who have low incomed, whether those provisions can stand or not. shannon: if it is taken up tomorrow, it will be heard this term and decided before the next election. that keys it up for a lot of
the court ruling as quickly as possible. the next issue that s got to be considered, the issue of severe ability. whether the rest of the law can stand on its own. do you think the court will get to that issue and if they do, what would be your argument on that? we hope they address the issue and rule it s not severable and the result, legally speaking, all obama care must be stricken. i was in the courtroom during the 11th court of appeals argument where obama s lawyers said if it s stricken as unconstitutional is means an end to obama care because the funding economic any of them will be put out. we win are regard to the elimination of obama care regardless of how the court rules on the severability issue. the issue of recusals.
state in florida bringing suit, that case is nonbinding on your courthouse at all, your decision. was that decision mentioned at all by any party or by the judge today? it was mentioned by the parties counsel on both sides mentioned it from time to time alluded to it. on our side we talked about the fact he supported the position on the mandate being unconstitutional. they but up the severability question. the judge had another comment, again you never know. he twice raised the example in the issue of whether or not this is severable whether you can break off the individual mandate from the rest of it and not take the whole bill down of a swiss watch. he talked about the complex parts. if one part isn t working and it is the key to the rest of it, then the watch won t work. i think he s at least thinking seriously, judge vincent is,
state in florida bringing suit, that case is nonbinding on your courthouse at all, your decision. was that decision mentioned at all by any party or by the judge today? it was mentioned by the parties counsel on both sides mentioned it from time to time alluded to it. on our side we talked about the fact he supported the position on the mandate being unconstitutional. they but up the severability question. the judge had another comment, again you never know. he twice raised the example in the issue of whether or not this is severable whether you can break off the individual mandate from the rest of it and not take the whole bill down of a swiss watch. he talked about the complex parts. if one part isn t working and it is the key to the rest of it, then the watch won t work. i think he s at least thinking seriously, judge vincent is,