unique way, do you not have a heavy burden of justification to show authorization under the constitution? so two things about that, justice kennedy. first, we think this is regulation of people s participation in the health care market, and all all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the necessary proper power to ensure that people have insurance in advance of the point of sale because of the unique nature of this market. wow. we ll figure out what that means. the center for american progress, she is a senior adviser on health reform in the obama administration. bob is the attorney general of texas and one of the state attorney generals who brought this case against the government. are you as concerned as i ve just heard the report justifies it that this looks like kennedy is leaning toward the
conservative position, perhaps ready to declare the original mandate of the president s bill unconstitutional? no. look, i expect justice to see ask tough questions of both sides, and in the appellate courts, conservative judges asked really tough questions of the government and then ruled in favor of the government, in favor of the original mandate. favor of the individual mandate. so i m not surprised, and pete williams did talk about justice kennedy s remarks at the end where he did express that this is perhaps a unique market and came up with his own limiting principles. so i expected tough questions. i m still confident we should win this case if the judges apply justices apply the previous precedent. attorney general abbott, thank you for joining us tonight. let me ask you about the question of heavy burden. the justices seemed to believe that the question here is not just the extension or possible flexibility of the interstate commerce clause but more fundamental the inher
the overall picture here is there are problems and challenges with regard to the structure of our health care system, but those problems and challenges aren t solved by imposing an unprecedented mandate on people having to go out and purchase a product. the very issue you re talking about was raised by one of the justices today, and that is couldn t you be forced to buy that product when you re there at the emergency room that would, of course, drive up the price of that product at that time, but that would be the penalty you pay for not having gotten insurance before that. but chris, i also chris i want to ask you a fundamental question. sure. who should pay for your health care if you refuse to do it? that is a policy and political question that is not a part of the constitution. we re involved in trying to make sure congress abides by the constitution. chris, i will admit that health care is a noble cause and providing health care is essential in our country. however n
does not mean congress has the ability to trample on the limitations imposed in the constitution. if the congress, as pointed out by the justice today, if congress is not limited by the clauses in the constitution, it will erode the constitution for all time. thank you for coming on. we re going to continue this debate here even as the court continues to rule in the next couple of weeks. coming up, he pioneered it in massachusetts, but mitt romney is the pioneer of the original mandate, and now he s running away from it as he s running for president. the economist who famously said romneycare and obamacare are the same thing. you re watching hardball only on msnbc. [ male announcer ] it seems like every company has a facebook page these days. but where s the relationship status? well, esurance is now in a relationship.with allstate.
that is a policy and political question that is not a part of the constitution. we re involved in trying to make sure congress abides by the constitution. chris, i will admit that health care is a noble cause and providing health care is essential in our country. however noble the cause may be does not mean congress has the ability to trample on the limitations imposed in the constitution. if the congress, as pointed out by the justice today, if congress is not limited by the clauses in the constitution, it will erode the constitution for all time. thank you for coming on. we re going to continue this debate here even as the court continues to rule in the next couple of weeks. coming up, he pioneered it in massachusetts, but mitt romney is the pioneer of the original mandate, and now he s running away from it as he s running for president. the economist who famously said romneycare and obamacare are the same thing.