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The federal courts you have the appeal court level and normally you have to go up that order. sometimes it will allow you to skip that court of appeals and go to the supreme court. the point is, jason, the d.o.j. is saying, no, we re not even going to join in the request to have the supreme court decide it right away. why not? they re afraid. and they want to get steam up, try to get some of the law implemented. most of the goodies of the law don t start until 2014. but the more health insurance exchanges that are put in place, the more momentum they ve got, and as much as we don t like to admit it, megyn, the supreme court does take into consideration popular opinion. you remember during the new deal when roosevelt threatened to pack the court. it was called the switch in time that saved nine. the court did a 180 on new deal ....
Fails. that got criticized by the white house saying he is a judicial activist and he overreached. jonathan turley, no conservative lawyer he, came out and said, that s ridiculous to call him a judicial activist. the government has itself to blame for this judge concluding that they re intertwined and he defended this judge. what is your take on it? it s a great point to bring. it s the opponents against the healthcare bill that are truly now promoting judicial activism. they re promoting judges to overturn the law of the land from congress. megyn: how is it judicial activism if the law is unconstitutional? most opponents of judicial activism get so upset about it, ....
This decision is so scary for the elastic commerce clause people. i saw you talking about lopez and more morrison. it would be landmark. it would overturn other decisions. vinson went beyond the notion that this isn t really commerce. you are not regulating commerce because people are not buying anything. he went on to say, if this law is upheld, you could force people to buy g.m. automobiles because it has an affect on the federal government because we subsidize g.m. that strikes at the heart of the modern elastic clause. it could be the most important decision for federalism in 70 years. megyn: that decision in florida where the judge said the individual mandate is unconstitutional and as a result the law is void and ....
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 ....
Meantime? might the administration reverse itself? the administration lost two and won two. and the places it lost were virginia, so this guy in virginia, this attorney general, wants it to go right up and get his victory affirmed. but also down in florida. the 26 states sued over healthcare reform in florida. they won. now the law s been declared void. now some governors saying they will declare the law void. could the administration switch courts on this and say, wait a minute, we need a ruling and quickly. it depends how they read the tea leaves on this. the thinking of d.o.j. is, we don t want to get near this. it s the law of the land. have to go to the appellate route. until it get to the arbiter, it s the law of the land. some of the governors may be told to implement it. ....