Obamacare & The Broccoli Argument - Emily Bazelon

  • Aired:  06/28/12
  •  | Views: 15,841

By the time Mitt Romney becomes president and gets Congress to repeal Obamacare, it might be 2014 and people might like it. (3:20)

>> Stephen: WELCOME BACK,

EVERYBODY.

FOLKS, NOW THAT OBAMACARE HAS BEEN RULED CONSTITUTIONAL, MANY QUESTIONS REMAIN.

FOR INSTANCE, WHAT?

HERE TO TELL ME WHAT IS SLATE'S SENIOR LEGAL EDITOR EMILY BAZELON.

EMILY, THANK YOU SO MUCH FOR JOINING ME AGAIN.

EMILY, NOW WAIT ONE SECOND.

FIRST OF ALL, BROCCOLI?

BROCCOLI?

>> WELL, I ACTUALLY REALLY LIKE BROCCOLI.

>> Stephen: I WILL TELL YOU WHAT, I WILL PUT THIS IN A GOSY BAG.

>> ALL RIGHT.

>> Stephen: NOW AS A CONSERVATIVE, AS SOMEBODY WHO OPPOSES THIS DECISION

WHERE CAN WE GO FROM HERE?

>> YOU COULD ELECT MITT ROMNEY AND HOPE-- .

>> Stephen: AN HE CAN VETO THE DECISION.

>> COGET CONGRESS TO REPEAL IT.

WE HAVE TO START ALL OVER AGAIN.

>> Stephen: BUT BY THE TIME WE GET THAT IT MIGHT BE 2014 AND OBAMA CARE WOULD BE IN

PLACE AND PEOPLE MIGHT LIKE IT.

>> THAT'S A PROBLEM.

>> Stephen: THAT IS A REAL PROBLEM.

>> IT'S A REAL RISK, IT'S TRUE.

>> Stephen: COULD WE APPEAL TO THE HAIG OR THE INTERNATIONAL CRIMINAL COURT,

OR ANYTHING, THE JUSTICE LEAGUE OF AMERICA?

GET SUPERMAN TO WEIGH IN.

>> USUALLY CONSERVATIVES AREN'T SO EXCITED ABOUT HAVING FOREIGN JUDGES

OVERSEE AMERICAN LAW.

IS THAT OKAY WITH YOU, TO GO OUTSIDE TO GIVE OUR CONSTITUTION UP TO THE INTERNATIONAL-- .

>> Stephen: POLITICS MAKES STRANGE BEDFELLOWS.

LET'S TALK ABOUT THESE JUDGES.

WHY SHOULD JUST A COUPLE OF GUYS IN BLACK ROBES GET TO DECIDES WHAT'S CONSTITUTIONAL OR NOT?

>> FIVE, IT ALWAYS TAKES FIVE TO MAKE A DECISION.

>> Stephen: BUT JUST FIVE NECESSARILY BEAT FOUR?

(LAUGHTER) I MEAN THEY HAVEN'T RULED ON THE CONSTITUTIONALITY OF MATH YET.

>> THAT'S TRUE.

YOU COULD ARGUE THAT-- YOU COULD SAY THAT THERE HAD TO BE SIX, FOR EXAMPLE, YOU

COULD CHANGE THE NUMBER THAT HAS TO MAKE A DECISION.

>> Stephen: LISTEN, THERE ARE 300 MILLION AMERICANS,

WE COULD GANG UP ON THEM AND JUMP IN ON THEM.

>> IT'S TRUE, ONE THINGS ABOUT THOSE JUDGES IS THEY DON'T HAVE COPS OUT

ENFORCING THINGS FOR THEM.

THEY ARE DEFINITELY VULNERABLE, I THINK.

>> Stephen: ALL RIGHT, I THINK-- I THINK YOU AND I MIGHT BE GETTING A CALL FROM

THE UNITED STATES SECRET SERVICE.

(LAUGHTER) (APPLAUSE) I'LL SEE YOU-- I'LL SEE YOU IN JAIL, COUNSELER.

OKAY.

BUT LET'S TALK ABOUT SUBSTANCE HERE.

WHAT IS HELL IS THIS TAX THING WRCHL DOES ROBERTS GO IN THERE AND REWRITING THEIR

LAW SO IT'S A TAX.

>> THERE ARE ALWAYS TWO ARGUMENTS THE GOVERNMENT MADE.

ONE WAS CONGRESS HAD THE POWER TO PASS THE LAW UNDER THE COMMERCE CLAUSE BECAUSE

IT CAN REGULATE TRANSACTIONS BETWEEN THE STATES.

AND THE OTHER WAS THAT THIS IS PART OF THE TAX AND SPEND POWER THAT CONGRESS HAS.

AND IT'S TRUE THAT THAT WAS A SMALLER PART OF THE ARGUMENT, KIND OF AT THE END.

BUT THEY DID MAKE THAT POINT.

AND THAT'S WHAT ROBERTS PICKED UP ON.

HE DECIDED THAT YOU COULD READ THE WORD PENALTY IN THE LAW AS TAX.

>> Stephen: HOW IS THIS TAX GOING TO WORK?

>> YOU'LL ONLY PAY THIS TAX IF YOU REFUSE TO GET HEALTH INSURANCE.

AND THEN IF YOU HAVE TO PAY IT WILL BE IN A FEW YEARS,

IT WILL BE UP TO 2.5% OF YOUR INCOME OR AROUND 700.

>> Stephen: ALL I REALLY AM WORRIED ABOUT IS HOW DO I GET ONE OF THE REALLY GOOD

DEATH-- PANELS.

>> YOU SEEM TO BE ONE THAT WILL MAKE YOUR CASE WELL TO THE DEATH PANELS.

YOU WHY WOULD THEY WANT TO KILL YOU OFF RIGHT NOW.

YOU SEEM HEALTHY ENOUGH.

>> Stephen: YOU ADMIT THERE WILL BE DEATH PANELS.

>> I DO NOT ADMIT THERE WILL BE DEATH PANELS.

>> Stephen: WE HAVE IT ON TRAIN, EMILY BAZELON FROM "SLATE" MAGAZINE, SENIOR

LEGAL EDITOR

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