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Mar 9, 2012
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y el califica como un grave error . >> es un suicidio político cuándo ataca a sotomayor, el error desa blanca . >> la jueza es un simbolo de orgullo para los latinos y puede costar el voto hispano . >> en la florida hay muchos votantes puertorriqueños y le causara problemas . >> eso no es correcto , porque primero nosotros somos una fuerza aquí no es tan notable pero esta . >> lo más importante en euna eleccion no es el candidato , es el votante y no lo puedes ofender sobre todo los latinos que decidiremos . >> nueva york . >> por cierto la nominacion quedara en manos de california? sin un ganador claro california se perfila como el estado que determinara esto . >> más detalles en la página en pantalla . >> [♪ . >> estudiantes se preparan para una caminata para la aprobación del dream act . >> si se puede! . >> estos jóvenes decidieron recorrer 3 estados y 250 ciudades , son 3 mil millas de san francisco a washington para un sueño . >> el llego de georgia . >> piensan que estamos calmados sin hacer nada . >> queremos que vean que no nos quedamos callados . >> ella es de utah se une a
y el califica como un grave error . >> es un suicidio político cuándo ataca a sotomayor, el error desa blanca . >> la jueza es un simbolo de orgullo para los latinos y puede costar el voto hispano . >> en la florida hay muchos votantes puertorriqueños y le causara problemas . >> eso no es correcto , porque primero nosotros somos una fuerza aquí no es tan notable pero esta . >> lo más importante en euna eleccion no es el candidato , es el votante y no lo puedes...
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Mar 17, 2012
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noticiero telemundo," romney en la mira en puerto rico el aspirante responde por quÉ critica a la jueza sotomayor prestenos dinero. el moto taxista mÁs buscado en mÉxico. indigna naciÓn en la cancha. volver, volver, volver dicen que cada vez son mÁs los jÓvenes adultos que estÁn tocandole a la puerta a sus padres. la ediciÓn viernes del "noticiero telemundo." comienza ya. >>> "noticiero telemundo," con josÉ dÍaz balart. >>> hola quÉ tal muy buenas tardes, comenzamos en mÉxico. en donde el enemigo nÚmero 1 el narcotraficante joaquÍn el "chapo" guzmÁn es visto por algunos como algÚn ben sfefacto del pueblo y le hacen pedido de dinero, raÚl torres tiene el reporte. >>> como si fooi uera un modern robi hospital ro robi j ro ro ro robi hood. asÍ ven al capital de las drogas, joaquÍn el chapo guzmÁn, se manifestaron porque el gobierno les exigen motocicle motocicletas, en una carta le piden 70 mil pesos unos 5 mil dÓlares para cada uno, aseguran que el gobierno del estado los persigue mÁs a ellos que al propio narcotraficante. sin embargo, segÚn este vi dio q doe el lÍder del cartel de sinaloa no es pr
noticiero telemundo," romney en la mira en puerto rico el aspirante responde por quÉ critica a la jueza sotomayor prestenos dinero. el moto taxista mÁs buscado en mÉxico. indigna naciÓn en la cancha. volver, volver, volver dicen que cada vez son mÁs los jÓvenes adultos que estÁn tocandole a la puerta a sus padres. la ediciÓn viernes del "noticiero telemundo." comienza ya. >>> "noticiero telemundo," con josÉ dÍaz balart. >>> hola quÉ tal muy...
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Mar 27, 2012
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justice sotomayor: absolutely. but even the section of the code that you referred to previously, the one following 7421, the aia, it does very clearly make a difference 7422 make a difference between tax and penalties. it's very explicit. mr. long: yes, that's it does, that is correct, and there are many other places in the code where - justice breyer: the best collection i've found in your favor, i think, is in mortimer caplin's brief on page 16, 17. he has a whole list. all right. so i got my law clerk to look all those up. and it seems to me that they all fall into the categories of either, one, these are penalties that were penalties assessed for not paying taxes, or, two, they involve matters that were called by the court taxes, or, three, in some instances they were deemed by the code to be taxes. now what we have here is something that's in a different statute that doesn't use the word "tax" once except for a collection device, and, in fact, in addition, the underlying aia reason, which is to say to the soli
justice sotomayor: absolutely. but even the section of the code that you referred to previously, the one following 7421, the aia, it does very clearly make a difference 7422 make a difference between tax and penalties. it's very explicit. mr. long: yes, that's it does, that is correct, and there are many other places in the code where - justice breyer: the best collection i've found in your favor, i think, is in mortimer caplin's brief on page 16, 17. he has a whole list. all right. so i got my...
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Mar 27, 2012
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>> well, justice sotomayor, let me say this which is to say, you're right on the first point to say the states do it, which makes it different right there. >> that's going back to the substantive due process question. is this a loughner era argument that only the states can do this? even though it affects commerce cars indisputably affects commerce? are you arguing because the states have done it all along the federal government is not longer permitted to legislate in this area? >> no. i think you might make a different argument about cars than you would make about health insurance unless you tried to say -- >> health insurance, i mean, i've never gotten into an accident, thankfully and i hope never. the vast majority of people have never gotten into an accident where they've injured others. yet we pay for it dutifully every year on the possibility that at some point we might get into that accident. >> but justice sotomayor, where it's different, there's lots of people in manhattan, prex for example that don't have car insurance because they don't have cars. they have an option to opt o
>> well, justice sotomayor, let me say this which is to say, you're right on the first point to say the states do it, which makes it different right there. >> that's going back to the substantive due process question. is this a loughner era argument that only the states can do this? even though it affects commerce cars indisputably affects commerce? are you arguing because the states have done it all along the federal government is not longer permitted to legislate in this area?...
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Mar 28, 2012
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>> no, justice sotomayor. i'm suggesting it's not the case to say, well, it's free money so we don't have to ask if the program is coerced. >> counsel, what percentage does it become coercive? meaning, as i look at the figures i've seen from amici, there are some states for whom the percentage of medicaid funding to their budget is close to 40%, but there are others that are less than 10%. and you say across the board this is coercive because no state even at 10% can give it up. what's the percentage of big gift the federal government can give? because you're saying for a bankrupt state there's no gift the federal government could give them ever because it can only give them money without conditions. no matter how poorly the state is run, no matter how much the federal government doesn't want to subsidize abortions or doesn't want to subsidize some other state obligation, the federal government cannot give them 100% of their needs. >> and justice sotomayor, i'm saying essentially the opposite, which isn't that
>> no, justice sotomayor. i'm suggesting it's not the case to say, well, it's free money so we don't have to ask if the program is coerced. >> counsel, what percentage does it become coercive? meaning, as i look at the figures i've seen from amici, there are some states for whom the percentage of medicaid funding to their budget is close to 40%, but there are others that are less than 10%. and you say across the board this is coercive because no state even at 10% can give it up....
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Mar 27, 2012
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that's firtly true -- >> >> and now return to justice sotomayor's question. >> i'd be delighted to. once you're in the commerce power the court not going to police that except maybe to the lopez point. that's why it's so important for the court to take an unprecedented step saying it not only includes the power to regulate, describes the rule by which commerce is governed. to go further and say not just prescribing the rule for commerce that exists but the power to compel people to enter into commerce in the first place. two very brief things about the taxing power. lots of reason why this isn't a tax. wasn't denominated a tax, wasn't structured as a tax. if it is a tax at all, it is a direct tax, article i, section 9, clause 4, the framers would have had no doubt that a tax on not having something is not an excise tax but a forbidden direct tax. one more reason why this is not proper legislation because it -- it violates that. the second thing is i would urge you to read the license tax case which the solicitor general says is his best case for why you ignore the fact that a tax is
that's firtly true -- >> >> and now return to justice sotomayor's question. >> i'd be delighted to. once you're in the commerce power the court not going to police that except maybe to the lopez point. that's why it's so important for the court to take an unprecedented step saying it not only includes the power to regulate, describes the rule by which commerce is governed. to go further and say not just prescribing the rule for commerce that exists but the power to compel...
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Mar 17, 2012
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suprema. >>> cÓmo lo va a criticar por eso, nos enorgulle tener a sotomayor en el tribunal de estadoslo, e hipocrita. >>> destacan de 4 millones que viven en la isla, votarÁn en primarias, y no en noviembre, para elegir al presidente, en washington lourdes, univisiÓn. >>> el presidente obama, entrÓ hoy de lleno en campaÑa con mensajes a sus rivales polÍticos en chicago illinois, 4 dÍas antes de la primarias republicanas en ese estado, dijo que serÍan bienvenidos a la tierra de abraham lincoln que luchÓ por la unidad nacional, y extensiÓn de la educacion, nos vamos a la pausa, y en instantes, por quÉ califican de milagro, el salto del paso de un tornado en michigan. >>> opciones pa indocumentados graduadoseue aspiran a un buen trabajo, consejos utiles, e incidentes con tintes hispanos en un partido de baloncesto en mississip mississippi, no le cambie. ♪. ♪. >>> residentes de una comunidad de michigan, limpian escombros que dejÓ tornado, alcanzo a 135 millas por hora, destruyÓ un centenar de viviendas, milagrosamente no dejÓ muertos, dicen que se debiÓ a que avisaron a tiempo de la lleg
suprema. >>> cÓmo lo va a criticar por eso, nos enorgulle tener a sotomayor en el tribunal de estadoslo, e hipocrita. >>> destacan de 4 millones que viven en la isla, votarÁn en primarias, y no en noviembre, para elegir al presidente, en washington lourdes, univisiÓn. >>> el presidente obama, entrÓ hoy de lleno en campaÑa con mensajes a sus rivales polÍticos en chicago illinois, 4 dÍas antes de la primarias republicanas en ese estado, dijo que serÍan...
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Mar 16, 2012
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. >> romney admitiÓ que votó en contra de sotomayor cuando fue nominada por el presidente obama a laxpectativa por la visita del papa benedicto 16 entre fieles catÓlicos. tambiÉn a millas de distancia. un grupo de feligreses en nueva york que llevarÁn a cabo mÚltiples actividades durante los dÍas en que el pontífice estÉ en el suelo mexicano. >> muchos estÁn en las sombras, pero su fe en dios y en la iglesia les da la luz necesaria para seguir adelante. >> periÓdicamente asisten a la iglesia de la inmaculada concepciÓn. >> para ellos, la motivaciÓn por estudiantes diferentes, a medida que se acerca la hora en que benedicto 16 toque la tierra en la que ellos nacieron, pero que por leyes terrenales no pudieron regresar. >> la falta de documentos, el no poder viajar. la crisis econÓmica la violencia de mÉxico. >> son cerca de 14 feligreses que conforman el grupo de guadalupe de la inmaculada concepciÓn. desde lo lejos a comparar a la visita del santo padre como un acto de fe. >> esto es otro ejemplo de la situaciÓn. el grupo es muy grande. el papa estÁ viniendo a su paÍs. pero ellos no
. >> romney admitiÓ que votó en contra de sotomayor cuando fue nominada por el presidente obama a laxpectativa por la visita del papa benedicto 16 entre fieles catÓlicos. tambiÉn a millas de distancia. un grupo de feligreses en nueva york que llevarÁn a cabo mÚltiples actividades durante los dÍas en que el pontífice estÉ en el suelo mexicano. >> muchos estÁn en las sombras, pero su fe en dios y en la iglesia les da la luz necesaria para seguir adelante. >>...
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Mar 28, 2012
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. >> a couple of responses, justice sotomayor. first of all, i think it's very relevant that congress had before it as examples some of the states that it tried to impose guaranteed issue and community rating, and did not impose an individual mandate. congress rejected that model. the question is quite right in saying it's not impossible to have guaranteed issue and community rating without an individual mandate but it's a model that congress looked at and specifically rejected. then congress's own finding and their finding, this is finding i., 43-a of the government's brief in the appendix. congress found that having the individual mandate is essential to the operation of guaranteed issue and community rating. >> that's all it said it was essential to. i mean, i'm looking at it. the exchanges, the state exchanges are information gathering facilities that tell insurerers what the various policies actually mean. and that has proven to be a cost saver in many of the state who is have tried it. so why should we be striking down a cos
. >> a couple of responses, justice sotomayor. first of all, i think it's very relevant that congress had before it as examples some of the states that it tried to impose guaranteed issue and community rating, and did not impose an individual mandate. congress rejected that model. the question is quite right in saying it's not impossible to have guaranteed issue and community rating without an individual mandate but it's a model that congress looked at and specifically rejected. then...
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Mar 27, 2012
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>> that's right, justice sotomayor. we say consistent with 220 years of this court's jurisprudence, if you regulate the point of sale, you regulate commerce, that's within commerce's congress power. >> what do you do with the impossibility of buying insurance at point of consumption? virtually, you force insurance companies to sell it to you? >> well, justice, i think there's two points to make on that. one is, a lot of the discussion this morning so far proceeded on the assurance if the only thing at issue is emergency room visits and the only thing imposed it catastrophic care coverage, but as the chief justice indicate the earlier,d a lot of the insurance covered is for ordinary preventative care, ordinary office visits, those are the things one can predict. a big part of market is regulated here that wouldn't pose the problem that you're suggesting. but even as to emergency room visits, it certainly would be possible to regulate at that point. you could simply say through a mandate on the insurance companies, you ha
>> that's right, justice sotomayor. we say consistent with 220 years of this court's jurisprudence, if you regulate the point of sale, you regulate commerce, that's within commerce's congress power. >> what do you do with the impossibility of buying insurance at point of consumption? virtually, you force insurance companies to sell it to you? >> well, justice, i think there's two points to make on that. one is, a lot of the discussion this morning so far proceeded on the...
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Mar 28, 2012
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>> well, justice sotomayor, and we say this, which is to say -- you're right in the first point to say that it's the states that do it, which makes a difference right there, but it's also -- >> well, that goes back to the substantive due process question. is this argument that only the states can do this, even though it affects commerce? cars indisputably affect commerce. so are you arguing that because the states have done it all along the federal government is no longer permitted to legislate in that area? >> no, i think you might make a different argument about cars that you would make about health insurance -- >> health insurance -- i mean, i never got into an accident, thankfully, and i hope never. the vast majority of people have never gotten into an axe and when i had injured others. yet, we pay for a beautifully every year on the possibility that at some point we might get into an accident. >> but, just as sotomayor, what i think is different is there is lots of people in manhattan, for example, that don't have car insurance because they don't have cars. and so they have the op
>> well, justice sotomayor, and we say this, which is to say -- you're right in the first point to say that it's the states that do it, which makes a difference right there, but it's also -- >> well, that goes back to the substantive due process question. is this argument that only the states can do this, even though it affects commerce? cars indisputably affect commerce. so are you arguing that because the states have done it all along the federal government is no longer permitted...
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Mar 29, 2012
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>> no, justice sotomayor, i'm not. what i'm suggesting is that it's not simply the case that you can say, well, it's free money, so we don't even have to ask whether the program's coercive. >> now, counsel, what percentage does it become coercive? meaning, as i look at the figures i've seen from amici, there are some states for whom the percentage of medicaid funding to their budget is close to 40% but there are others that are less than 10%. and you say, across the board this is coercive because no state, even at 10%, can give it up. what's the percentage of big gift that the federal government can give? because what you're saying to me is, for a bankrupt state, there's no gift the federal government could give them ever, because it can only give them money without conditions. no matter how poorly the state is run, no matter how much the federal government doesn't want to subsidize abortions or doesn't want to subsidize some other state obligation, the federal government can't give them 100% of their needs. >> and, ju
>> no, justice sotomayor, i'm not. what i'm suggesting is that it's not simply the case that you can say, well, it's free money, so we don't even have to ask whether the program's coercive. >> now, counsel, what percentage does it become coercive? meaning, as i look at the figures i've seen from amici, there are some states for whom the percentage of medicaid funding to their budget is close to 40% but there are others that are less than 10%. and you say, across the board this is...
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Mar 24, 2012
03/12
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chief justice john roberts has pretty much come out and said both sotomayor and thomas are well suitedo consider this case. >> given that medicaid has been around since the 1960s and that the federal government has been issues all sorts of edicts to the states over all these many years, why has the u.s. supreme court decided to weigh in on whether or not congress has the right? the federal government has the right, to issue an edict in this case, mandating elements of the affordable care act? >> you know, they really didn't have the choice. we saw lower courts having mixed decisions coming up. some said the mandate was constitutional, others said no. somebody had to step in and make a final call. they could still punt. the first day is devoted to whether they should put off a decision until the mandate in 2014. the bet is they won't. neither side is calling for them to put it off. both the obama administration and opponents to the health care law, both are saying we want a decision on this now. i think the justices are going to step up, find their spine and do this the real issue, will
chief justice john roberts has pretty much come out and said both sotomayor and thomas are well suitedo consider this case. >> given that medicaid has been around since the 1960s and that the federal government has been issues all sorts of edicts to the states over all these many years, why has the u.s. supreme court decided to weigh in on whether or not congress has the right? the federal government has the right, to issue an edict in this case, mandating elements of the affordable care...
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Mar 27, 2012
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that is not a correct reading of the statute, justice sotomayor. the only consequence that ensues is the tax penalty. and the -- we have made a representation, and it was a carefully made representation, in our brief that it is the interpretation of the agencies charged with interpreting this statute, the treasury department and the department of health and human services, that there is no other consequence apart from the tax penalty. and i do think, if i could talk for a couple of minutes about the argument that was discussed as to whether this can be conceived of as a suit just challenging the requirement, which is entirely stand-alone based on inferences drawn from the exemptions. i really don't think that's right. and if i could spend a minute on it, i think it's important. the exemptions in section 5000a, it is true that there are two categories of exemptions. there are exemptions to the penalty and exemptions to the subsection (a) requirement. but the -- but i think, not only as a practical matter, but as a textural indication and even as a l
that is not a correct reading of the statute, justice sotomayor. the only consequence that ensues is the tax penalty. and the -- we have made a representation, and it was a carefully made representation, in our brief that it is the interpretation of the agencies charged with interpreting this statute, the treasury department and the department of health and human services, that there is no other consequence apart from the tax penalty. and i do think, if i could talk for a couple of minutes...
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Mar 6, 2012
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radio un abogado conservador criticÓ a santorum por votar por la confirmaciÓn de la jueza sonia sotomayorado que represento en el congreso y paul en alaska. >>> el vicepresidente joe biden iniciÓ una gira por latinoamÉrica. hoy en mÉxico ademÁs de reunirse con el presidente calderÓn conociÓ a los tres candidatos a la presidencia. paulia gÓmez nos cuenta de quÉ hablaron. >>> el vicepresidente de eados unidos llegÓ a mÉxico para entrevistarse con felipe calderÓn para revisar la agenda bilateral, la amenaza de los carteles es un tema preocupante, y la presidencia de mÉxico informÓ que el presidente calderÓn pidio que se combata el lavado de dinero. y esta peticiÓn se da a semanas que el presidente calderÓn develara este anuncio en ciudad juÁrez. >>> no mÁs armas hacia mÉxico. >>> durante esta visita el vicepresidente buscÓ asegurar la relaciÓn bilateral. >>> es importante que en la relaciÓn bilateral se l de prioridad a la cooperaciÓn para el desarrollo. que haya crecimiento econÓmico en mÉxico. que haya empleo. y para que haya bienestar. >>> una tarea irrenunciable de combatir al crimen org
radio un abogado conservador criticÓ a santorum por votar por la confirmaciÓn de la jueza sonia sotomayorado que represento en el congreso y paul en alaska. >>> el vicepresidente joe biden iniciÓ una gira por latinoamÉrica. hoy en mÉxico ademÁs de reunirse con el presidente calderÓn conociÓ a los tres candidatos a la presidencia. paulia gÓmez nos cuenta de quÉ hablaron. >>> el vicepresidente de eados unidos llegÓ a mÉxico para entrevistarse con felipe calderÓn...
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Mar 26, 2012
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. >> it has to be the same challenge, justice sotomayor, or else south carolina versus regan would say the anti-injunction act doesn't apply. you are right that once you file -- once you pay your taxes and then file the refund action, the act of filing the taxes converts the suit from one seeking prospective relief into one seeking money damages. and in that sense you could think of the statute as a remedial limitation on the courts. but whether you think of it as an exhaustion requirement, or a remedial limitation, neither of those character iceations is jurisdictional. in davis versus passman, a remedial limitation -- >> does seem strange to think of a law that says no court can entertain a certain action and give a certain remedy, as merely a claim processing rule. what the court is being ousted from what would otherwise be its power to hear something. >> the suit is being delayed, i think is the right way of looking at it. the jurisdictional apparatus in the district court is present, prospective relief under 1331, money damages action under 1346. if the anti-injunction act were ju
. >> it has to be the same challenge, justice sotomayor, or else south carolina versus regan would say the anti-injunction act doesn't apply. you are right that once you file -- once you pay your taxes and then file the refund action, the act of filing the taxes converts the suit from one seeking prospective relief into one seeking money damages. and in that sense you could think of the statute as a remedial limitation on the courts. but whether you think of it as an exhaustion...
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Mar 26, 2012
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that. >> is not a correct reading of the statute, justice sotomayor. the only consequence that ensues is the tax penalty. and we have made a representation and it was a carefully made representation in our brief that it is the interpretation of the agency's charge with interpreting this statute, the treasury department and the department of 4e8 health and human services, there is no other consequence apart from the tax penalty. and i do think, if i could talk for a couple minutes about the argument discussed about whether this can be conceived of as a suit just challenging the requirement, which is entirely stand-alone, based on inferences drawn from the exemptions, we really don't think that's right. and if i could spend a minute on it, i think it's important. the exemptions in section 5000a, it is true, that there are two categories of emgss. there are exemptions to the penalty and exemptions to the subsection requirement. but i think not only as a practical matter, but i think there is a text you'll indication and even as a legal matter, they both f
that. >> is not a correct reading of the statute, justice sotomayor. the only consequence that ensues is the tax penalty. and we have made a representation and it was a carefully made representation in our brief that it is the interpretation of the agency's charge with interpreting this statute, the treasury department and the department of 4e8 health and human services, there is no other consequence apart from the tax penalty. and i do think, if i could talk for a couple minutes about...
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court. >> romney seemed to point out that sotomayor was a liberal judge. hurt him with latinos? >> it's hurt him. his positions on immigration have hurt him. they have to understand that sotomayor is the first latino on the supreme court. as a hero, an icon to latinos. like criticizing martin luther king in the african american community. >> does somebody raise their hand and say, that might not be the best idea? >> let me tell you, they're so focused on winning this primary right now they will do anything to win it. but they're going to win at the cost of really risking the general election. because it's -- when they go to the general election, they need the latino vote. they need the women's vote where they have been talking about contraception and things that are going to hurt them. it's a really bizarre alice in wonderland kind of primary season. >> last night, i went to see the movie "game change" and they had real clicks of barack obama. you remember how powerful he was on the campaign trail in 2008. now his campaign has released a 17 minutes of mini
court. >> romney seemed to point out that sotomayor was a liberal judge. hurt him with latinos? >> it's hurt him. his positions on immigration have hurt him. they have to understand that sotomayor is the first latino on the supreme court. as a hero, an icon to latinos. like criticizing martin luther king in the african american community. >> does somebody raise their hand and say, that might not be the best idea? >> let me tell you, they're so focused on winning this...
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Mar 24, 2012
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we had sonya sonia sotomayor, te wonderful personal story and a person of high achievement, 17 yearsas a federal judge, i think more federal judicial experience, i believe, than just about anybody else ever nominated to the supreme court. and, you know, what happened in her confirmation hearing? of course, she was confirmed, so at the end of the day it was a happy story for her. but all that garbage about one speech she had made and the wise la latina remark. you probably remember this. kind of wrenched out of context of what actually had been a speech that was very thoughtful and heartfelt, not a sound bite. you know, opposition research that turns up something like that and dominated her confirmation process and be just the merest handful of republicans ended up voting for her. elena kagan, former dean of harvard law school, as you know, highly accomplished, mainstream nominee for sure, you know, was bedeviled by that whole business about harvard law school having not allowed military recruiters on its campus to recruit students to be lawyers in the military. well, as if elena kaga
we had sonya sonia sotomayor, te wonderful personal story and a person of high achievement, 17 yearsas a federal judge, i think more federal judicial experience, i believe, than just about anybody else ever nominated to the supreme court. and, you know, what happened in her confirmation hearing? of course, she was confirmed, so at the end of the day it was a happy story for her. but all that garbage about one speech she had made and the wise la latina remark. you probably remember this. kind of...
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justice sotomayor, for example, expressed one approach. states that have experimented with health care insurance like the federal plan, when they've had problems, their state legislatures have adapted to those, have made changes. so she said why not let congress do this? if we have to eliminate the mandate, let congress deal with the problem. that is their function. it's an exercise of judicial restraint to let congress deal with it. on the other hand, justices scalia and kennedy said, but if the mandate is really the heart of this law, as mr. clement argues, what is left for congress is this shell. it does not operate the way congress intended to operate. so it's been distorted so much, maybe we-- it's more an exercise of judicial restraint to strike it down and let congress start over. >> ifill: part of this exchange, between justice anthony kennedy edwin kneedler, who is make thern idvegome'sve case, about just that form. >> if the 350 million from the individual mandate were to be lost, what would happen to the insurance industry which
justice sotomayor, for example, expressed one approach. states that have experimented with health care insurance like the federal plan, when they've had problems, their state legislatures have adapted to those, have made changes. so she said why not let congress do this? if we have to eliminate the mandate, let congress deal with the problem. that is their function. it's an exercise of judicial restraint to let congress deal with it. on the other hand, justices scalia and kennedy said, but if...
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anti-inmigrante, en esta contienda de hoy, habían anuncis contra rick santorum por votar a favor de sonia sotomayorn la contienda general de noviembre, para los votantes de la primarias republicanas, el tema sigue siendo la economía, según las encds. >>> pero no hablan de ela economía, hablan de anticonceptivos, cuando miras los discursos, se enfocan en un tema social. >>> esta noche cuando habló mitt romney, habló solamente de economía, él habló de economía en ohio, en los últimos semanas habló del fracaso del presidente, sobre la economía de los trabajos que hemos perdido, no creo que ningún republicano sea anti-inmigrante. >>> pero sí es contra de una reforma migratoria, también cualquier tipo de negociación para los 11 millones de indocumentados. >>> el presidente bush. >>> pero no estamos hablando del 2006, estamos hablando del 2012. >>> estamos hablando, ahora de las cosas que el presidente ha tenido mayorías y se ha dedicado a deportar, y es cierto que el presidente prometió una reforma migratoria en sus años y no lo hizo, y casi medio millón de personas han sido deportados. >>> lory, mugtr
anti-inmigrante, en esta contienda de hoy, habían anuncis contra rick santorum por votar a favor de sonia sotomayorn la contienda general de noviembre, para los votantes de la primarias republicanas, el tema sigue siendo la economía, según las encds. >>> pero no hablan de ela economía, hablan de anticonceptivos, cuando miras los discursos, se enfocan en un tema social. >>> esta noche cuando habló mitt romney, habló solamente de economía, él habló de economía en ohio,...
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some governors rejected the stimulus bill - >> that's -- that's correct, justice sotomayor. and - >> -- and some of -- some of their congressional or legislative processes overturned that. >> that's right. >> in others, they supported it. the percentages were smaller, but it's always the preference of the voters as to what they want, isn't it? >> that is correct. >> what was the threat in the stimulus bill? what would the state lose? >> that answer i don't know, mr. chief justice. >> would anything be taken away, or would it just lose the opportunity to get the money? >> i don't know the answer to that. i don't know the answer to that. but if i may just say in conclusion that -i'd like to take half a step back here, that this provision, the medicaid expansion that we're talking about this afternoon and the provisions we talked about yesterday, we've been talking about them in terms of their effect as measures that solve problems, problems in the economic marketplace, that have resulted in millions of people not having health care because they can't afford insurance. there is
some governors rejected the stimulus bill - >> that's -- that's correct, justice sotomayor. and - >> -- and some of -- some of their congressional or legislative processes overturned that. >> that's right. >> in others, they supported it. the percentages were smaller, but it's always the preference of the voters as to what they want, isn't it? >> that is correct. >> what was the threat in the stimulus bill? what would the state lose? >> that answer i...
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>> no, justice sotomayor, i'm not.hat i'm suggesting is that it's not simply the case that you can say, well, it's free money, so we don't even have to ask whether the program's coercive. >> now, counsel, what percentage does it become coercive? meaning, as i look at the figures i've seen from amici, there are some states for whom the percentage of medicaid funding to their budget is close to 40% but there are others that are less than 10%. and you say, across the board this is coercive because no state, even at 10%, can give it up. what's the percentage of big gift that the federal government can give? because what you're saying to me is, for a bankrupt state, there's no gift the federal government could give them ever, because it can only give them money without conditions. no matter how poorly the state is run, no matter how much the federal government doesn't want to subsidize abortions or doesn't want to subsidize some other state obligation, the federal government can't give them 100% of their needs. >> and, just
>> no, justice sotomayor, i'm not.hat i'm suggesting is that it's not simply the case that you can say, well, it's free money, so we don't even have to ask whether the program's coercive. >> now, counsel, what percentage does it become coercive? meaning, as i look at the figures i've seen from amici, there are some states for whom the percentage of medicaid funding to their budget is close to 40% but there are others that are less than 10%. and you say, across the board this is...
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anti-inmigrante, porque habían anuncios y propagandas, contra rick santorum que decían que apoyaba a sonia sotomayorstra. >>> pero para los votantes en la primarias republicanas, el tema sigue siendo la economía. >>> pero no hablan de la economía, hablan de anticonceptivos, cuando miras los debates republicanos y miras los discursos, se enfocanen temas sociales, más que la economía. >>> esta noche, mitt romney habló solamente de economía, también en ohio, en las últimas 3 o 4 semanas, también habló del fracaso de este presidente, del índice de desempleo, que es más del 8%, así que mitt romney está principalmente enfocado en la economía. >>> pero los republicanos están en contra de una reforma migratoria también en contra de cualquier tipo de negociación que incluya ciudadanía para los inmigrantes indocumentados. >>> pero le presidente bush. >>> pero estamos hablando del 2012, no del ex presidente bush. >>> es que en varias ocasiones se han dado políticas comprensivas, con demócratas en contra, también el presidente ha tenido mayorías y se ha dedicado a deportar, el presidente prometió una reforma mi
anti-inmigrante, porque habían anuncios y propagandas, contra rick santorum que decían que apoyaba a sonia sotomayorstra. >>> pero para los votantes en la primarias republicanas, el tema sigue siendo la economía. >>> pero no hablan de la economía, hablan de anticonceptivos, cuando miras los debates republicanos y miras los discursos, se enfocanen temas sociales, más que la economía. >>> esta noche, mitt romney habló solamente de economía, también en ohio, en...
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and then finally, there was a very interesting concurring opinion by judge sonia sotomayor who said in the future the real problem is this notion that the court has bought into in the past that when i surrender data to a third party for one purpose, i abandon all expectation of privacy for it and other purposes. this, as you know, is called the third party doctrine, and it basically means we have no privacy in our private papers or locational data, all of which are stored either in cell phone databases or in distributed third party servers owned by google and yahoo! and the digital crowd. that means anytime i store my data outside a locked desk drawer in my home, i abandon expectation of privacy, and sotomayor says the court has to rethink that notion. >> and also this idea that privacy interests are determined by our reasonable expectations, i mean, that's too manipulative, don't you think? we can change your expectation. here's your expectation of privacy, mr. rosen. zero. >> it makes no sense. the government by announcing you may be monitored at all times could lore our expectations
and then finally, there was a very interesting concurring opinion by judge sonia sotomayor who said in the future the real problem is this notion that the court has bought into in the past that when i surrender data to a third party for one purpose, i abandon all expectation of privacy for it and other purposes. this, as you know, is called the third party doctrine, and it basically means we have no privacy in our private papers or locational data, all of which are stored either in cell phone...
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>> it -- it certainly can, justice sotomayor. i didn't mean to suggest, in answering justice kagan's question, that my case was no better than that hypothetical. i mean, but it's in the nature of things that i do think the amount of the money, even considered alone, does make a difference, and it's precisely because it has an effect on their ability to raise revenue from their own citizens. so it's not just free money that they are turning down if they want to, it really is - >> counsel, if we go back to the era of matching what a state pays to what a state gets, florida loses. it's citizens pay out much less than what they get back in federal subsidies of all kinds. so you can't really be making the argument that florida can't ask for more than it gives, because it's really giving less than it receives. >> well, then i'll make - >> you don't really want to go back to that point, do you? >> well, then i'll make that argument on behalf of texas. [laughter] >> but it's not -- it's not what my argument depends on, and that's the cri
>> it -- it certainly can, justice sotomayor. i didn't mean to suggest, in answering justice kagan's question, that my case was no better than that hypothetical. i mean, but it's in the nature of things that i do think the amount of the money, even considered alone, does make a difference, and it's precisely because it has an effect on their ability to raise revenue from their own citizens. so it's not just free money that they are turning down if they want to, it really is - >>...
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y sonia sotomayor y tiene que ver con todo el mundo.> bueno, exactamente. pero o sea, ser lÍder de activistas que piensan que son muy buenos. >> no es un asunto de ser conservador liberal demÓcrata y republicano es el asunto que ella representa para todos los puertorriqueÑos. >> para la maÑana las primarias y se trasladan a illinois. >> y crÍtico al presidente obama antes en santorum el conservador angie sandoval y desde chicago. >> ¿quÉ tal? jose muy buenas tardes, los dos candidatos del territorio de obama tratar de eludir es la mejor opciÓn. >> lo que sucede en la maÑana. >> mitt romney se decidiÓ atacar a al presidente de los estados unidos y ha expandido. y judith estÁ de acuerdo por eso hizo filas durante horas para ver por primera vez en persona a quiÉn le darÁ su voto maÑana y en noviembre. >> las expectativas de que tal vez saque al paÍs del problema econÓmi econÓmi econÓmico en que estamos. >> y con 19 consultas lo lleva 15 puntos a rick santorum. >> lo crÍtico por llamarle un economista sin peso. >> ustedes creen que el paÍs
y sonia sotomayor y tiene que ver con todo el mundo.> bueno, exactamente. pero o sea, ser lÍder de activistas que piensan que son muy buenos. >> no es un asunto de ser conservador liberal demÓcrata y republicano es el asunto que ella representa para todos los puertorriqueÑos. >> para la maÑana las primarias y se trasladan a illinois. >> y crÍtico al presidente obama antes en santorum el conservador angie sandoval y desde chicago. >> ¿quÉ tal? jose muy buenas...
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fortaleza y le preguntÉ en las crÍticass que romney le hizo a travÉs de su campaÑa polÍtica a la jueza sotomayorde vista profesional. >> pero estÁ poniendo en tela de juicio, estÁ criticando a santorum pero utilizando a la justicia ti ciendiciendo que er activista. >> bueno, ser libre y acto vista hay gente que dice que es muy bueno. >> no es un asunto de ser conservador liberal demÓcrata o republicano es asunto del ejemplo que rema para todos los puertorriqueÑos. >> maÑana, en las primarias republicanas se trasladan a illinois ahÍ mitt romney critico al presidente obama. angie sandoval con todos los detalles desde allÍ. >> los dos principales candidatos a la nominaciÓn estÁn aquÍ en illinois territorio de barack obama tratando de persuadir al electorado que votar republicano es la mejor opciÓn. >> mitt romney se atreviÓ atacar al presidente de los estados unidos en su propio terreno, en los Últimos 3 aÑos obama ha expandido al gobierno, en vez de fortalecer al pueblo norte americana no. >> por eso hizo filas durante horas para ver por primera vez en persona a quiÉn le darÁ su voto maÑana y en n
fortaleza y le preguntÉ en las crÍticass que romney le hizo a travÉs de su campaÑa polÍtica a la jueza sotomayorde vista profesional. >> pero estÁ poniendo en tela de juicio, estÁ criticando a santorum pero utilizando a la justicia ti ciendiciendo que er activista. >> bueno, ser libre y acto vista hay gente que dice que es muy bueno. >> no es un asunto de ser conservador liberal demÓcrata o republicano es asunto del ejemplo que rema para todos los puertorriqueÑos....
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i abandoned expectation of privacy and sotomayor said the court has to rethink that notion. >> also this idea that privacy interests art determined by a reasonable expectations and that is manipulable don't you think? here's your expectation of privacy. >> the government by announcing you have no expectation of privacy and you may be monitored at all times may lower expectations. here's a hypothetical i began one of the chapters with bud gets less and less hypothetical in light of this case. i was at a conference at google a few years ago, was 2007 and the head of public policy said he expects within a few years google and facebook will be asked to put life on line all the public and private surveillance cameras blanketing the world so there are ready a few apps on facebook. you can sign up on base that can look at live feeds of cameras in mexico which are popular with teenage boys as you can imagine. the mexican beach cams linked with the subway cams that you have in arizona and the traffic cams and archive and store them, if this were done across the lobe you can sign onto any street i
i abandoned expectation of privacy and sotomayor said the court has to rethink that notion. >> also this idea that privacy interests art determined by a reasonable expectations and that is manipulable don't you think? here's your expectation of privacy. >> the government by announcing you have no expectation of privacy and you may be monitored at all times may lower expectations. here's a hypothetical i began one of the chapters with bud gets less and less hypothetical in light of...
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univisision@@al @ >> tenemos que recordar que la jueza sotomayor viene de una decisiÓn bipartidista.ada vez que comenzamos una propuesta electoral surge el espectro de una guerra. cÓmo ha respondido el presidente obama para atacar a irÁn antes de que ellos tuvieran armas nucleares, como una guerra preventiva? >> es un tema delicado.por lo que ha dicho el presidente, y la secretarÍa clinton, es que estÁn tratando de solucionar esto desde el punto de vista diplomÁtico. no van a permitir que irÁn tenga una bomba. pero es difÍcil tomar una decisiÓn diplomÁtica cuando el presidente de irÁn ha dicho que quiere borrar del mapa a israel. ivision@@al puntounivis correcto? decir que israel tiene el derecho de defenderse pero que Éste no es el lugar? >> si, creo que estados unidos ya se ha buscado una estrategia de negociaciÓn con irÁn. en la industria del petrÓleo nadie piensa que habrÁ una cara. -guerra. ivisio@@ hay cierta especulaciÓn pero nadie piensa que habrÁ una guerra. puntounivision@@al puÁ de instalaciones nucleares, secretas y subterrÁneas. >> podemos comparar antes de la guerra en
univisision@@al @ >> tenemos que recordar que la jueza sotomayor viene de una decisiÓn bipartidista.ada vez que comenzamos una propuesta electoral surge el espectro de una guerra. cÓmo ha respondido el presidente obama para atacar a irÁn antes de que ellos tuvieran armas nucleares, como una guerra preventiva? >> es un tema delicado.por lo que ha dicho el presidente, y la secretarÍa clinton, es que estÁn tratando de solucionar esto desde el punto de vista diplomÁtico. no van a...
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you hear people saying yes, mitt romney has an advantage here, but that sotomayor ad did not play well here. >> jim acosta on hardship duty in puerto rico. i know you've got to go. we appreciate it. let me follow up one thing on puerto rico. i remember it being important when hillary clinton, so we did this four years ago, it isn't the first time in the lime light. puerto rico is the gateway to illinois if you will. >> yes. >> that's what happens on tuesday, and it would seem to me if there's some startling result in puerto rico, and by that i mean that rick santorum wins, that then dominos in illinois? >> i think it will be surprising, having spent several days in a controversy about english only if santorum does win puerto rico and the question of how much in illinois is the question. candy, the grooves in this race are cut pretty deep at this point. mitt romney has won nonevangelical voters in every state there has been an exit poll except for georgia. santorum has beaten him among evangelical voters in nine states. look at evangelical versus nonevangelical, college and non-college
you hear people saying yes, mitt romney has an advantage here, but that sotomayor ad did not play well here. >> jim acosta on hardship duty in puerto rico. i know you've got to go. we appreciate it. let me follow up one thing on puerto rico. i remember it being important when hillary clinton, so we did this four years ago, it isn't the first time in the lime light. puerto rico is the gateway to illinois if you will. >> yes. >> that's what happens on tuesday, and it would seem...
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>> a couple of questions -- a couple of responses, justice sotomayor. it is very relevant that congress has before it as examples of some of the states that have tried to impose guaranteed issue and community rating and did not pose an individual mandate. congress rejected that model. so your question is quite right in saying that it is on possible to have guaranteed rating without a mandate, but a model that congress looked at and specifically rejected if. then, of course, congress is on finding which was 43 a of the government's brief in the appendix. congress specifically found that having the individual mandate is essential to the operation of guaranteed in the -- guaranteed community rates. >> the city was essential to. i mean, i am looking at it. the exchange's, the state exchanges are affirmation gathering facilities that tells insurers with the various policies actually mean. and that has proven to be a cost saver in many of the states who have tried it. so why should we be striking down the cost saver? and if what your argument is was that cong
>> a couple of questions -- a couple of responses, justice sotomayor. it is very relevant that congress has before it as examples of some of the states that have tried to impose guaranteed issue and community rating and did not pose an individual mandate. congress rejected that model. so your question is quite right in saying that it is on possible to have guaranteed rating without a mandate, but a model that congress looked at and specifically rejected if. then, of course, congress is on...
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what do you think of sotomayor.f conservative values. on the -- talking about electoral blocks, that is the way the left looks at the electorate and that's not how conservatives would look at it. and this idea of hiding off the gay vote and the hispanic vote and the african-american vote and jewish vote, that is really, that vulcanized sense of nation cuts against the grain of conservatism and that's not how -- >> if you write off entire groups, the majority of the population. >> as melissa said, you have many people who jindal, rubio, martinez, canseco, people who are diverse. i guess, they should, rather than look at groups of victims that need to protect the social status turn around and vote -- >> i don't think it has to be victimology. the way that you describe sort of socially conservative values, family values, church attendance, it's very true of how african-americans -- >> we're politically progressive. the social issues, african-americans are just as conservative as most republicans. but if you look at pol
what do you think of sotomayor.f conservative values. on the -- talking about electoral blocks, that is the way the left looks at the electorate and that's not how conservatives would look at it. and this idea of hiding off the gay vote and the hispanic vote and the african-american vote and jewish vote, that is really, that vulcanized sense of nation cuts against the grain of conservatism and that's not how -- >> if you write off entire groups, the majority of the population. >> as...
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sotomayor says congress can tax everybody and set up a public tax care system. >> yes. >> justice sotomayorct this was created by the heritage foundation, which is the conservative think tank here. the republican alternative to the clinton healthcare plan in the 1990s. when you think about what the plaintiffs are claiming is unconstitutional here it is crazy. you hear, oh, the government can't make you buy anything, that's ridiculous. the government already makes you buy shelter insurance, that's what medicare is. the government takes your money through taxes and uses it to buy insurance for you. what it does is cuts out the middle man. i see nothing in the constitution that says the government has to hold on to your money for a little bit before it's allowed to make you buy shelter insurance. >> ian, so what your -- health insurance. >> evennian, up to a week ago they thought the mandate was safe. what do you think will happen, do you think they're leaning toward striking the whole thing or the mandate or neither or both? we had somebody said that, oh, they have to make a lot of noise for
sotomayor says congress can tax everybody and set up a public tax care system. >> yes. >> justice sotomayorct this was created by the heritage foundation, which is the conservative think tank here. the republican alternative to the clinton healthcare plan in the 1990s. when you think about what the plaintiffs are claiming is unconstitutional here it is crazy. you hear, oh, the government can't make you buy anything, that's ridiculous. the government already makes you buy shelter...
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i want to play this romney ad from february where he's criticizing sonia sotomayor. rick santorum ready to be president? he's never run a business, he's never run a state. a washington politician who proudly voted for the bridge to nowhere and for liberal judge sonia society maetomayosotomayo. >> now, vilifying sonia sotomayor, who is a heroine to many in fact latino community, would be a guilding of the lily, would it not, ari melber? >> there you see it stacked up right after immigration language, right afterward. that's a choice they made. they didn't have to present the issues that way. it draws attention to the ethnicity of the justice in ways that otherwise won't come up. secondly, we have a tradition in this country as discussing the court. it's recently that we've seen this level of vitriol directed at justices. so i think that aspect of it also is unfortunate. >> and jose, let's talk about boetd sides here. we have this fox news poll that shows among latino voters, obama's getting 69%. santorum's way down at 14. romney's at 14. the president's doing solid tw
i want to play this romney ad from february where he's criticizing sonia sotomayor. rick santorum ready to be president? he's never run a business, he's never run a state. a washington politician who proudly voted for the bridge to nowhere and for liberal judge sonia society maetomayosotomayo. >> now, vilifying sonia sotomayor, who is a heroine to many in fact latino community, would be a guilding of the lily, would it not, ari melber? >> there you see it stacked up right after...
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>> justice sotomayor, i'm going to try to answer that question, too. but what if congress just tried to scrap this and start over with a new program? here's why it's fundamentally different and many coercive. congress is not saying they want to scrap the program. they don't have a single complaint with the way states are providing services to the visually impaired and disabled under pre-existing medicaid. that's why it's particularly questionable why they're saying if you don't take our new money, subject to the new conditions, we're going to take all of the money you've previously gotten, that you've been dependent on for 45 years and you're using right now to serve the visually impaired and the disabled. >> may i ask you a question. you represent 26 states. >> that's right. >> but we're also told that there are other states that like this expansion. and they are very glad to have it. the relief that you're seeking is to say the whole expansion is no good, never mind that there are states that say we don't feel coerced, we think this is good. you are
>> justice sotomayor, i'm going to try to answer that question, too. but what if congress just tried to scrap this and start over with a new program? here's why it's fundamentally different and many coercive. congress is not saying they want to scrap the program. they don't have a single complaint with the way states are providing services to the visually impaired and disabled under pre-existing medicaid. that's why it's particularly questionable why they're saying if you don't take our...