also point out it is about the broccoli, meaning will allowing the healthcare law open the door for congress to mandate americans to buy other products and did the government's lawyer blow it? joining me from the supreme court, josh garseen from the white house. i want to pick up on what people williams is talking about. it is roberts or kennedy that certainly could make the difference here. >> i think he was right about that. there were indication from roberts yesterday that his vote might potentially be in play here. he made comments on both sides of the ledger. kennedy people always thought of as being a swing vote and roberts didn't express himself very clearly in one direction or another and i think that's why people are thinking he might possibly be in play, but one of the reasons to think that he wouldn't simply side with the liberal justices alone is he has already never done that in the time he has been on the court.
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