justice scalia." >>> back now with john strand and edward giro with their new play about justice anthony scalia called "the originalist." when i first saw i was to do this on "press pass," i thought, is this a liberal attack on justice scalia? what say you? >> no it's not. it's not our intention, it's not what we're doing on stage. i think it would be a waste of everybody's time if we were setting up justice scalia to knock him or cut him off at the knees. childish. that's not what we're doing. we're more interested in the inner workings of justice scalia and the narrative and the kind of things we're investigating in the play. we have had liberals and conservatives come to the theater and people find ways to engage in the story and are very complimentary from both sides of the political spectrum. >> the thing about him, edward about justice scalia i think his best friend on the court is ruth ginsburg. everyone assumes they hang out with their idealogical soulmates. that's not the case. it turns out he's the patriarch of the supreme court family. is that what you would sayould say that's accura

what do rupert murdoch, johnny knoxville, and anthony scalia have in common?r will surprise you. ♪ >> rupert murdoch, johnny knoxville, and anthony scalia. it is their birthday. our lawyers advise us not to sing "happy birthday" on the air. >> michele bachmann will play herself in "sharknado 3." up next is "taking stock." and on the radio radio, it's bloomberg law. sayonara ♪ pimm: i'm pimm fox and this is what i'm taking stock of. the results from the second round of bank stress tests have been released. bank of america got a conditional pass and goldman sachs, chase, and morgan stanley cleared after revised proposals. billions in buybacks dividend increases have been announced since the reports were released. shake shack served up its first earnings report and they came in medium well. they beat revenue estimates but posted a greater quarterly loss than expected. shares are following in the after-hours trade.

both justices antonin scalia and anthony scalia, both conceded that there would be huge consequences, both used the word disastrous consequences, catastrophic consequences. they just really had these ideas about fixes. so as you said, justice scalia was like, congress will fix it. justice alito said the states will go ahead and create state exchanges, or we could just push the pause buttton until they do. nobody seemed to dispute this was going to have unbelievable consequences on the ground. the only real question was, sort of getting out of the reading the statute, which is what we're supposed to be doing, is how easy it is to fix it. >> in terms of the obama administration and political strategy around this, a lot of people are talking about the obama administration not coming up with a plan b, if the supreme court strikes down this law, if they rule the way the conservative justices seem inclined here, the obama administration said we have no contingency in place. we don't expect that to happen. it would be bad law and we're not doing it. essentially, it's been described that we'r

an argument over a judicial philosophy known as constructionism practiced most prominently by anthony scaliaould be interpreted only as written as opposed to interpreted in the context of what they were intended to mean. in other words, one congress passed the affordable care act did in intend to bar people? that is the issue here. if the state did not establish its own health care exchange and allow the government to run it for them through healthcare.gov with the residents of those states supposed to receive subsidies if eligible or not? if they don't receive the subsidies or if the supreme court rules they are ineligible for subsidies on the basis of these four words, the affordable care act effectively collapses in on itself because it no longer receives the federal subsidy. insurance premiums will go up in healthy the people will not see the point of paying for them. it will be too expensive for the health insurers to ensure the sick people. the whole system falls apart. betty: it collapses. erik: will have one of the six attorneys general who have sided with the plaintiffs in this case

. >> this is from anthony scalia., the people opposing obamacare, if the subsidies were taken away the implications of that. let's listen to scalia on that. >> do you think congress is going to sit there while all of these disastrous consequences ensue? how often have we come out with a decision such as the bankruptcy court decision congress adjusts and enacts a statute that takes care of the problem. m it happens all the time. why is that not going to happen here? >> this congress your honor, theoretically -- >> it seems like a pretty good rebuttal to me. this congress doesn't do anything. it barely kept the government open. does that response does that carry any water, though? >> well first of all, it's a great moment because you can hear people in the chamber laughing, including members of congress sitting in the front row and gallery. nancy pelosi laughing when he says this congress? it's clear everybody in the room says good luck with that. what i think is important that underlies that question is that both justi

justice antonin scalia saw it differently saying to solicitor general donald varrely quote -- potential swing vote justice anthony kennedy had tough words for both sides telling the plaintiff's attorney, quote -- later saying, if the phrase in question is truly ambiguous, it would be, quote, a drastic step to say the irs could make a single call worth billions of dollars worth of subsidies. striking the subsidies could have on the overall law, a sentiment echoed at the white house. >> there's not a whole lot that the government could do about it other than congress passing legislation to fix it. but i think we're all pretty realistic about the likelihood that's going to happen. >> reporter: the administration has no backup plan if the government loses this case but a number of gop lawmakers say they do, if they win here they will do everything possible to make sure no one goes without coverage for any period of time. we'll have a decision by late june. lou back to you. >> shannon bream. much more on the obamacare arguments with the a-team steven and lisa join us later in the broadcast. >>> up next new details on

scalia said it was, "certainly a plausible explanation," that congress wrote them as an incentive for states to establish their own exchanges. the outcome is impossible to predict. swing vote justice anthonynedy seemed skeptical of arguments on both sides. chief justice john roberts didn't show his hand. the obama administration said it has no contingency plan if it loses this case and charlie that will put the pressure on congress and the state legislatures to try to fix it. >> rose: indeed, thanks, jan. a potentially deadly superbug linked to contaminated medical devices turned up in california. four patients were infected with c.r.e., and 64 others may have been exposed. a similar outbreak at ronald reagan ucla medical center is linked to two deaths. in a moment, celebrating the centennial of the chairman of the board. alright, so this tylenol arthritis lasts 8 hours but aleve can last 12 hours. and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? how are ya? good. aleve. proven better on pain. the garden is the story of our lives... told and retold. it's as old as our time on earth. and as new as tomorrow. you can have a yard. or sl

scalia said, "it nonetheless mean what is it says." meantime, a potentially good sign for the white house. justice anthony kennedy who could cast the decisive vote telling the challengers who want to gut the law "there's a serious constitutional problem if we adopt your argument." . the other big question today, what is chief justice john roberts thinking? today he was notably quiet. apparently keeping his cards close to the vest. outside the court, a raucous scene with protesters on both sides, many of whom have been personally helped by the law. >> i got diagnosed with oral cancer and i lost -- after medical school i lost my medical insurance for six months until obamacare went into effect. >> i would not be able to pay without the subsidy. it would be impossible. >> i am an ovarian cancer survivor and if it wasn't for the exchange i would not be standing here before you today. not only -- >> joining me now is congressman joseph crowley, democrat from new york and jeffrey rosen, president and ceo of the national constitution center. thank you both for being here. >> thank you, reverend. >> good to be wi

scalia was doing, but he's not the key player. i would argue chief justice john roberts and anthony kennedy.on the right side of the court. march rrm but what they are chief side offing is whether this one line about the state should be taken in the larger context. that the federal government intended for everybody to get health insurance but it go to the simple point they didn't read this bill. somebody found that line and said wait a minute. that sort of makes the whole thing not work if you are in one of the many states that said we are not going to do this. shunned they have to lie in the bed they made as an argument? >> that's how making laws works. if you look back at the process you see a lot of supporters of the laugh saying as it was built. this is the incentive we are building in for states to make their own exchanges so the federal exchange doesn't have to step in for everybody. that was part of perhaps getting ben nelson's vote when they were putting this together and they couldn't change it because they had to pass it through reconciliation. so too bad. this is the law you made