>> it appears in raich. what you see in the commerce clause is something that you can literally see, touch, or understand or there is an activity to provide commerce to have intercourse, to have trade, to have some kind -- >> you're describing a commodity clause rather than a commerce clause? >> no, your honor, that's the commerce clause in terms of the fact that congress has never -- in fact the government cannot point at any single case or idleness, a choice to not engage in an economic transaction has been found reachable under the commerce clause. those cases represent the outer edges of the commerce clause, but this case goes beyond those cases because unlike those cases, our clients cannot choose to be not regulated under this particular act. they are forced by -- >> explain this statement to me and justice scalia, a regulation of an interesting activity may be essential to a comprehensive regulation of interstate commerce, even though the interstate activity does not itself substantially effect inters

and raich is the same. they did not congress' authority. they wanted to be exempted out. they as individuals wanted the statute to continue on, but they as individuals wanted to be exempted out of the application. whereas here, the challenge is to -- a facial challenge to the component of this law, the mandate. and not only would it not apply if it were struck down here. it would not apply to anyone else. whereas raich and wickard they would apply to those individuals and apply to the contrast. >> so it's a facial challenge to them going back to actually my original question to you, mr. staver. it's a facial challenge to the individual mandate? >> correct. >> okay. >> yes. >> your time has expired. thank you very much. >> thank you. >> later that day the second circuit heard oral argument in another case testing the constitutionality of the 2010 health care act. commonwealth of virginia versus health and human services secretary kathleen sebelius. you can watch that anytime online at c-span.org/videolibrary. two other circuits the sixth and eleventh have oral arguments sc

>> and also, john, on the related topic today the president will give a major speech about the raich world. what is obama expected to say? >> reporter: we understand he's going to talk about how the arab spring allows the u.s. to play a new role transitioning from a military role to a political role there and he also has new initiatives to help tunisia and egypt transition to democracy. one thing he'll do that may be more controversial he won't call for al assad to go but talk about new sanctions for that country, one of the few where the arab spring has not been allowed to flourish. rob and peggy. >> john, thank you for that live report. >>> in chicago, federal investigators are looking into a close call involving two commuter jets. it happened earlier this week at o'hair airport just moments after a plane carrying vice president joe biden touched down. more now from our lisa stark. >> reporter: chicago o'hare is the nation's second busiest airport. but on monday flights stopped briefly while the vice president flew in for the swearing in of chicago's new mayor. the close call invol

dsk is facing sex crime charges, seven counts in connection with the alleged attempted raich of a hotelallegedly phoned the front desk and invited the receptionist up for a drink shortly after he checked into the hotel. she declined. in a moment, we'll talk with mark geragos and new york's top law enforcement officer eliot spitzer. but first, all we know so far from the beginning. here's suzanne candiotti. >> reporter: it was just last

dsk is facing sex crime charges, seven counts in connection with the alleged attempted raich of a hotel raid. he allegedly phoned the front desk and invited the receptionist up for a drink shortly after he checked into the hotel. she declined. in a moment, we'll talk with mark geragos and new york's top law enforcement officer eliot spitzer. but first, all we know so far from the beginning. here's suzanne candiotti. >> reporter: it was just last friday when dominique strauss-kahn checked into the hotel, a luxury hotel in midtown manhattan. according to a law enforcement source, the head of the international monetary fund was looking for company. within minutes of checking into suite 2806, he called the front desk and invited the female receptionist to join him for a drink. she declined. fast forward to the next day, at around noon. a source tells cnn a maid entered the room. minutes later, a 32-year-old african maid entered the room to clean. the attendant then left, following hotel policy, the maid left the door open. inside, 62-year-old strauss-khan allegedly was naked in the bedroom