>> health care is a human right. >> freedom is a human right. >> this week on nside washington," the supreme court wrestles with the health-care law. >> it changes the relationship of the government to the individual in a fundamental way. >> marco rubio endorses mitt romney. >> i am not going to be vice president. >> we plan to save this country from a future of debt, ubt, and decline. >> the conversation over trayvon martin conties. >> trayvon was our son but

trayvon was your son. in a lot of peopople relate to our situation. >> after my election i have more flexibility. >> and open mic bites the president's. >> this is to rush hour, without question our number one gegeopolitical foe -- this is to russia, without question our number-one geopolitical foe. captioned by the national captioning institute www.ncicap.org-- >> the supreme court took up the affordable health care act this week. it was are rare three-day oral argument. outside the court, a full throated display odemocracy with protesters, politicians and yes, pundits. the meat of it was on day two or the justices took up the provisions for

americans to buy health insurance or pay a fine. we heard justice kennedy said that it changes the relationship of the government to the individual. his vo could be a key and so could chief juste roberts'. justice scalia said that if the mandate goes, the whole thing should go. >> if you take the heart out of it, the whole thing is gone. >> nina, you said it was clear that there are five votes to strike down the individual mandate and if there are fiv votes to s strike at down there are five ves to strike halting. >> i said if there are five of votes to stke down the mandate 8 it may be that there are five voteses to strike down the law. it seems to be in the hands of justice kennedy, and he seems to bebe anizin but when justice knedy says that something changes the liberty retionship between the

federal government and individual, that is the reason for those on the side that are trying to defend the proposition to worry. >> i want to ask you about roberts later. let me move to mark. justice scalia said, "whether we strike it down or leave it in place, at the congressional process will never be the same." do you agree with that? >> know. i think congress will react based upon tecision. if the mandate is eliminated and we are left with the other provisions that you have to provide fo those with pre- existing conditions, you have to cover children up to the age of 26 on their parents' policy, congress will have to do something, because otherwise the price of insurance will go through the roof. >> colby youturn. the argument against the law is that it is it government overreach, forcing people to buy services they do not want or

need. couldn't you say the same thing about medire? >> professor charles fried in a conversation with ezra klein of "the washington post" addressed this question. he made the point that healthcare is a national problem, can be regulated should be regulated, has been regulated, as medicare, and the individual mandate should be held to be constitional. i think i guess the position that a lot of people take who are very conservative -- i think it is a position that a lot of other people take to are very conservative as well. . >> charles if it the mandate is struck down, it will make a single payer sysystem inevitable. do you agree with that? >> if i have to choose between a bad system, the canadian system and the monstrosity that obamacare was going to be, or could still be, financially ruinous, intellectually

dishonest, i would choose the canadian system and i think the american people what. before we go to a canadian system, assuming the law is struck down, we would try conservative alternative, which would begin with tort reform and have to do with competition. that would be the more proximal alternative. if that does not work, we will surely end up with a canadian or brish-style s system. nina, i heard you on msnbc with chuck todd talk about the politics of this thing, that this makes chief justice roberts somewhat nervous. >> well, he e is the chief justice of the united states, notot of the supreme court. that is his title the great chief justices in htory have been those who have understood that this is an institution to be protected whose authority is to be procted. the 5-4 dececision does notelp do that t a lot. he may not have a lot of control over that re the court seemed very split along the same kind

of ideological lines you see in the public. > but it comes down in the heart of a presidential campaign. if the court strikes down the mandate, does it help or hurt president obama? >> you c argue that round or flat. i can tell you when things, the white house is s ansort of a panic. >> they did not think this was gogoing to happen -- >> they do not want to bebe discussing health carare. >> in the short n it wille a devastating defeat for the president, because his signature achievement is shown to be unconstititutional. he is supposed be constitutional expert. that is not very good. but in the longer run, after this year, out of this election it could have an effect of galvanizing liberals, who would say that we worked for 100 years to achieve this, we passed it through the house and sene, the presidency, and a a rope court struck it down a. it could have an effect on the

left that roe v wade, in striking down abortion laws, had in radicalizing and energizing the religious right. >> the losing side has the enerergy. if it is uphel it becomes a galvananizing issue for republicans going into the election of. if it is overturned, it then become an organinizing princnciple for the democrats and president obama -- what are we going to do, that's what they have d one. one nina's point about john roberts, the court has suffered as an institution. it has gone from 6161% approval to 46, following the citizens unitedase, where 80%f americans thinks it is the wrong thing to have unlimited money in american politics. >> remember franklin delano roosevelt had the new deal

plan, and the supreme court at the time struck out a good many provisions knocked out to its own chagrin, the public was galvanized around fdr. eventually thosose programs meant to social security. i'm not sure it it is a defeat for barack obama if they happened to strike down this health-care law. >> fdr also tried to stack the court. >> i didn't want to get to that. >> part of the reason for that is that the court changed. ♪ ♪ ♪ ♪ [ multiple sounds making melodic tune ] ♪ ♪ [ male announcer ] at northrop grumman,

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rick sanantorum is a good guy. we have some difrences in background and issues, but basicacally a good guy paid i am happy with him saying he would be -- is a good guyuy.

i am happy with them sayinge would be part of the administration with me. >> that is mimitt romney on "the tonight show." santorum got off to a testy start this week, saying that romney would be the wst republican against obama- >> he mean it on obamacare very, very obvious. >> he was on the steps of the supreme court and said "i would be willing to rurun as his vice president." meanwhile, romney picks up an endorsement from marco rubio florida, that is a big one, and from the firirst president bush. how imporortant i these endorsements? >> they i just the signal that the tribe is coming together. it has all psion and excitement of the bride maiailed in from turkey. [laughter] not exactly an intense emotional encounter.

there is a sense of inevitability. >> how important is the rubio endorsement? >> i have a lot of images of romney but i've never been able to see him as a turkish bride. [laughter] it is and very obvious that they are sending a signal to santorum and gingrich. it is not going to have an effect on the electorate. rubio is your tea party guy. president bush's senior is the ultimate in the establishment. everybody is saying it is over. it is gting surreal. santorum had a rally at the jelly belly candy compa. i think he is looking for a golden ticket like "charlie and the chocolate factory," except it does not exist and he is not going to get one. >> i've never been to the jelly

belly place -- >> nor have i. >> i would like to go there. romney is also going to pick up the endorsement t of paul rya this is the inevitable thing that is happening. >> i am glad you mentioned paul ryan, because the budget passed the house this week -- >> romney intererest that budget. . >> it is not going to make it in the senate, is it? >> it does not have a prayer in the senate. the senate passed a mass transportation bil by 70-plus votes more than that, and it cannot get st the house. it is not a democratitic bill. it really is a bipartisan bill, anit cannot get past the house? >> with teh ryan bill, do we have a another battle on deficit reduction? >> absolutely.

this budget demands and requires committees to come up with furthecuts. you recall the great anxietynd pain and anguish we went through to come up with a budge plan for t the future. this wouldeopen that t all of a sudden. it becomes a campaign documenent two parties have established themselves, republicans have played to the tea party, have mollified them, assuaged them. the democrats are playing to their constituencies, whether it is medicare, social security, or what they are e not going to touch aingle gray hair on that beautiful head. >> one thing that you left out of your presentation, which is that while the ryan budget passed the house by a reasonable majority, the budget of the president was defeated in the

house by 414-0, which is exactly as h happed last year, when it was rejected by the senate in 2011 97-0. what we are talking about serious budget which incidently the democratic senate has not present in three years, i wowould say the republicans in choosing to be responsible slightly ahead. >> that was an orchestrated vote. the white house knew what was going to happen ---- >> shutout is a shutout. >> the vote th week was what happened to the erskine bowles proposal. it w went down in flames. most republicans against it, even some democrats. it showed that the administration was perfectly wise to not even push it.

>> a lot of people can relate to our r situation. >> that is the mother of trayvon martin a high-school student shot dead in sanford, floda up by an neighborhood watch captain, one at george zimmerman. zimmerman says he acted in self- defense and he has not been ararrested which set off protests in washington and across the nation. this week democratic congressman bobby rush was kicked off the floor of the house for wearing a hood beie margin was wearing one when he was killed. the case iss called attention too "stand your ground" laws. >> that law is an abomination,

and that is probably at the root ofof what was happening. this man zimmerman called into the police department 50 times in one year to report suspicious activity? when you have a law like that, you give citizens who do not the training or disciplined or experience of a law-enforcement officer in easing a -- usinga a legal weapon and giving them the authority to act in place of police. that invites this kind of horror. i am not sure it is the only cause of this, but i would like to see laws like that looked at and repealed. i think it is the wrong idea to have citizens do police work, and this is what can happen. >> you often see this, wannabes. he was a wannabe. he tried to be a policeman.

you give us some like ththat i got an it is -- i got an idea as a prescription for disaster. >> a couple of years ago, it w up to 100. . >> i think the point charles mixes valid and persuasive, and that is the first. >> i would like to reconsider my positi. >>his is a serious matter. the police opposed this law. the police go through training, thpolice are taught restraint the poce are taught ways of bringing negotiated settlements. i don't know mr. zimmerman i await the investigation, but i think it is bad public policy. >> the justice deparartment is in this now, colby. >> a lot of people tell me "you write in lot about crime.

look at the uproar over this case. what i is the difference?" here is the difference. you come with me to the d.c. jail you will find young men in those systems to have committed crimes, who have shot somebody killed somebody. the difference in this case is that somebody ot an unarmed kid and tt individual is free. that individual did not go through the criminal justice system. that is where the average comes in. they cannot understand -- that is where the outrage comes in. they cannot understand why this is not adjudicated in the court of law in cities,s, areas where youou have a great deal of black on black crime, they are prosecuted. >> zimmerman gets the benefit of the doubt from the police immediately. the police chief has stepped aside.

the victim does not, apparently. >> i think he still has the gun. >> i say he was a victim, but zimmerman he wassays he was acting in self-defense. >> his story involves having his nose broken anhaving wounds on the back of his head. we have lolooked at a video. it is not conclclusive, but looking at it,t, it looks hard to believ that that actually happened. it could be, we will find out. in the absence of evidence, his story is in question. ♪ ♪ [ male announcer ] for our families... our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller alportion sizes and more low- & no-calorie beverages... adding clear calorie labels so you know exactly what you're choosing... and in schools, replacing full-l-calorie soft drinks with lower-calorie options. with more choices and

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>> after my election i have moree flexibility. firsrst of all, is the mike on? >> that is the president joking abouout his open mic momt at a mmit meeting.

the president watalking about the missisile defense shield in europe. mitt romney id it was no time for the president to be pulling punches, that russia is our no. 1 to political enemy, which sounds like cold war ta. the speaker of t house would not criticize him when n he was overseas, but he wrote him a letter when he gotack, a ststrongly worded -- "i and other members of the house have expressed concern aut your administration's appant willingness to make unilateral concessions to russia that undermine missile defense capabiliti." is this a legitimate debate, or political, colby? >> i think iis legitimatate and the president makes that kind of comment. i would not go sfar as to bring back joe mccarthy to investigate. we shbut he has got some exexplaining to do. it is just not the kind of thing you would expect the presisident to say in private to the leader of another country particularly on an issue th is crial to

the u.s. national defence. >> i am always amazed by seasoned politicians who are careless around open mikes. >> i confess that i saw less to this and that other people did. when i read it, i thoughtt was serious. when i look at it, i thoughtht it was just political nice talk to a visitor trying to say -- as jon stewart said, the worst was the response, "i will pass the message on to v vladimirrrr." >> i disagree. it is embarrassg -- >> o oh, it's embarrassing. >> it raises questions about what policy will be after the election. your point about politicicians around open mikes -- why not, if you are going to have a conversation, outdoors? in a room with any russian, you are sure there is going to be a

bug. outdoor with birds -- >> in e middle of a flower -- >> that is why it it is not that serious. >> it is obviously very serious. he's telling the dictator of another country "wait until my last election" -- unlike you, i don't have to answer to any electric rate here is the question, why is heaking deals on missile defense in the first place? the treaty that regulateses missile defenense expired in 2002.. we withdrew in 2002. we have no obligation. the russians had been trying to curtail ouour missile defenses for 30 years because we are ahead. we may have a tremendous technological lead, and it improves everywhere are strategic advantage. it offends our country. why is he even offering a deal in theuture, which would not speak about today?

because he knows he would be hurt in the election if people understand he will be dealing this way after he is reelected anand uncountable. >> this serious probm he has is that he caused ople to ask questions about what he would do in a second term that he is not telling us about it that plays into the hands of his critics that plays into the hands of her countries worried about his commitments. thats the real problem. >> you get the last word. [ male announcer ] does your cable companyny keep charging you more... and more... and more? stop paying so much for second best. upgrade to verizon fios tv internet anphone for our best price online: just $94.99 a month, guaranteed for two years with no annual contract. or choooose a two-year contract and pick your bonus: hbo & cinemax included for 12 months or $250 back. unlike

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