[applause] now if you'll join me in welcoming mike carvin.applause] >> um, unlike the solicitor general, i will be offering my perm opinion. [laughter] one of the luxuries of being in private practice. i don't know, i did argue the case for the nfib against the individual mandate, so it's sort of like the old saying, right in the operation was a success, but the patient died which is sort of how -- [laughter] you know, some really good commerce clause rulings and then the chief justice in what the dissent accurately characterized as an act of sophistry rewrote the statute and gave congress all the power that had just been removed under the commerce clause power. so i thought i'd walk through it pretty quickly to explain why this was clearly a judicial rewriting of the statute and not an interpretation of the statute as chief justice correctly noted. the test between what is a penalty and what is a tax has always been relatively straightforward in the law. if you have a legal violation that you can't offend, then whatever monetary consequence

. >> mike carvin? >> i will pick up on the last thought i guess. it's true the solicitor geral is often inhoesregeg ci athy mai the supreme court. and i think it is quite clear they were seeking to expand their ability to regulate chches hiringdcsior oy dionti ep tawswl roale courts that your ability to eliminate deployment discrimination didn't apply to somebody that was a minister, and imediately there was a lot of confusion about who qualified as a minister and who didn't thfoenli i think that that wa t o mos rtachs attention on the brief the government filed wasn't so much the bottom line position as the mode of analis where they argued that the free exercise clause didn't give churches or religious institutionsay ecitegrn teenvekihe sticistat go to the heart of who is going to run the ministry, and that position is rejected 93 go zero by the supreme court pick i think the solicitor general position is you could get som protection thugte g t fiament hcur looked and there's a specific provision here that deals with religious institutions and the