mr. carvin. court will be in recess. >> all rise. mr. carvin. we are now hear from you. >> chief judge, may it please the court, i represent the private appellatees. i'm like to start with the are we regulate health insurance, payment, and does it matter? as a factual matter, it's undisputed it's only regulation of health insurance that's going on. you have to pay a penalty if you don't buy health insurance. they impose that without regards to whether you see a doctor or whether you ever fail to pay the doctor. now the government says -- one of our reasons for doing this is to make sure that doctors are paid when they provide service and i think that's obviously true as well. but it doesn't matter. because they are using an improper means to beneficially affect health care service. congress made explicit findings of violence against women that cause billions of dollars in increased medical cost. but the court said that's perfectly permissible, and the exact same goal that we are dealing with today is reducing medicare. we use improper means beca