commerce but that was where the two sides clearly do not agree. a lot of attention on justice den ce kennedy and i got to tell you, off the bat, although we can t predict and maybe he was playing devil s advocate in asking the attorneys to convince him once and for all, he seemed to have great concerns about allowing this mandate to go forward jon. jon: and leland ross, in the courtroom with you, writes this from justice kennedy, perhaps in answer to justice kagan s question, he apparently asked the question can you create commerce to regulate it. reporter: that was clearly one of the biggest arguments of the day, a point that went round and round in these two hours of arts. both sides had to address it. again, those who support the law clearly think they re not creating anything, that this health market already exists but stephen briar, viewed as one of the more liberals on the court, asked the question what about somebody who is born, they don t have health insurance, they re imm