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Merlyn, trial attorney, join us. they haven t appealed it. instead, they ve taken the tact of going back to the trial judge and say, can you tell the states that you meant something other than what you wrote? the irony is, they haven t asked for a stay. if the judge were to issue the stay, you could litigate it out and department of justice would good on its way. they haven t asked for it yet, i think, bawls they re not sure that the judge will issue a stay. the judge said that the law is void, unconstitutional, not just a portion, but the entire law. he found it not to be severable. the entire law is gone. this is the dilemma that the department of justice finds. three weeks later, they decide it to be clarified. what could be clearer the judge declared obama care unconstitutional, void, no effect. and case law is clear, when it ....
But in this case, they re asking for judges to overturn the law that congress has passed. megyn: but the problem with that logic, chip, it assumes the law is constitutional. i don t know whether it is or not. but your argument assumes it is constitutional and no judge should question it. no. i m not saying that, whatsoever. as a trial attorney, i support the right of people to challenge laws as to whether or not they re constitutional. point being, typically these individuals that are against judicial activism are against judges making up the law and overturning what popular elected bodies put in place. megyn: i think you have redefined the arguments. normally when you hear judicial activists coming out of a liberals mouth, that s what you are talking about. out of a conservative s mouth, it s inventing laws or stretching laws. and the roles are reversed ....
It was a timid speech. it squandered an historic opportunity to rally the american people behind true spending reform. he had the opportunity to look them in the eye, say what the real dangers we re facing are, and call on us to meet the challenge, as americans will. megyn: chip merlyn, a trial attorney, and neil bord joining me now. neither in that address or since has the president focused on the debt. and that seems to be the major story this week domestically, the u.s. deficit. neil, somebody called it a deficit of political courage on both sides of the aisle to tackle the issue. is that correct? it s not a deficit of political courage. it s a deficit of stamina, i ....
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