This is a rush transcript from "Your World With Neil Cavuto," March 22, 2010. This copy may not be in its final form and may be updated.
NEIL CAVUTO, ANCHOR: Welcome, everybody, from Washington. I'm Neil Cavuto. I'm just not leaving this town. I mean, every time we try to, something big breaks. And this health care thing just won't stop. And they just keep regurgitating some other big news developments, so we can't leave.
So, we're kind of like guests who won't leave. We're at your house in the middle of the night. We're ordering pay-per-view after you have long gone to sleep, and we're raiding your refrigerator. And we're still here.
But, in all seriousness, we're still here because there are still very big, even stunning, developments right now on the health care vote that shook this town to its core, amid indications the president is set for a big shindig to celebrate it tomorrow at the White House, the Rose Garden, weather permitting. And that's as big if, because, today, we are indoors because weather is not permitting, but a Rose Garden ceremony planned tomorrow, with the president and all the key architects of this health care legislation for a signing. And it would be a signing, technically, of the Senate bill that the House approved, thereby kicking in the so-called reconciliation process and debate process for the next bill. That is a separate drama.
But I don't want to bore you with that. Suffice it to say, that's a later-week event. Right now, the big event is what's happening since that vote late last night, and all the big leaders of all the big states, the A.G.s who are now saying, wait a minute, you went too far, Florida's attorney general among them, saying, you know what? We are going to sue. We're suing you, Congress.
He's got 10 other attorneys general joining in the fight. More could follow. Effectively, what they're doing here is suing the Congress of the United States for usurping its responsibilities and actually violating the Constitution.
It would be an unusual and, to put it mildly, Herculean struggle to take a law that Congress has agreed and the president is supposed to sign off on and fight its very constitutionality all the way, potentially, to the Supreme Court.
Again, Florida's attorney general leading that cause. He has the backing of Marco Rubio, who is the front-running candidate for the Senate seat in that state.
But — but the sitting governor in that state is not for this, Charlie Crist saying that he thinks this route of appealing via an A.G. lawsuit is not the way to go. So, you have a split in Florida.
And any time we think of Florida, any time we think of that state and what it's doing, and hearken back to 2000, and remember what happened then, we always think of a certain former governor who many Republicans look to as a potential presidential standard-bearer. Who knows.
But Jeb Bush, the former governor of that fine state, joins us now, exclusively
Governor, very good to have you.
JEB BUSH R-FORMER FLA. GOVERNOR: Thank you, Neil. It's good to be in your beautiful studio.
CAVUTO: It is. I — you know, I was planning to be there with you. And I really regret that.
CAVUTO: But I'm still caught — I'm still caught here.
Governor, your quick take on what the Florida attorney general is doing?
BUSH: Well, I have read the letter that he sent explaining his position that — his belief — and apparently many other attorneys general agree — that there's a serious constitutional issue that needs to be worked out, and he intends to let the courts decide this.
And I think it made — made a lot of sense. I'm not a lawyer, but I do that they're — that this is a major overreach. Certainly, in the policy arena, it's a major overreach, but it also could easily be an overreach in terms of the law.
And I think people who are opposed to this passionately ought to use every resource at their disposal, both advocating repeal of it — but that's going to take, as we know, three or four years, perhaps, and maybe too late — and also the legal avenue. I think that's the right approach.
CAVUTO: When I spoke to the attorney general last night on this very issue in the middle of all this craziness and the delays and the votes, Governor, I did raise the issue of how much of an uphill battle something like this would be.
I want you to hear his take on this. This is from last night.
(BEGIN VIDEO CLIP)
CAVUTO: If 49 other A.G.s did what you're trying to do, I mean, the argument from the other side is, all hell would break loose. What do you say?
BILL MCCOLLUM, FLORIDA ATTORNEY GENERAL: Well, we're — they're going to have a lot of problems around the country. I think you're going to see most of the attorney generals do something like this before it's over with.
We're going to have several of them join us immediately when we file. We will file right away after the signature goes on the line. And you're going to see some file separately in their own states, besides joining us in this particular suit.
(END VIDEO CLIP)
CAVUTO: Governor, that was the gist of my — my question. If every state did this, or if it found something that — that Congress decided it didn't like, it could — could — even if Republicans were in power, and Democrats did that to them — to complete pandemonium, couldn't it?
BUSH: Well, you know, first of all, typically, what happens is that, when there are a multitude of suits, they're joined together into one for efficiency purposes.
The — the constitutionality of law is — is always challenged. When I was governor, we passed laws that were challenged. Sometimes, they were ruled unconstitutional. Sometimes, they weren't. That didn't stop the process of implementing the law.
Basically, the trump goes to the runner in this case. The federal government will have the opportunity to implement it. But, in the interim, I think it's more than appropriate, on something this massive, where the federal government is mandating a tax, and requiring everybody to participate, whether they willing — willingly want to do it or not, I think it's worth looking at.
Again, I don't — I'm not a lawyer, and I don't know the constitutionality.
BUSH: But I have talked to a lot of people that are lawyers, that are Constitutional lawyers, and they think that there's real good grounds to — to file suit in this case.
CAVUTO: The leading Senate candidate in your fine state, Marco Rubio, agrees with you. Your successor, the present governor, Charlie Crist, does not.
Should we read anything into the fact that you disagree with your successor?
I know that Governor Crist is advocating repeal of the bill. I know he opposed the bill that passed yesterday. And, so, I don't think you could read much into that. There's — amongst Republicans in Florida and across the country, there appears to be almost unanimous opposition to this, because it raises taxes. It puts a burden on the producers that are going to create the jobs.
It will limit people's aspirations in terms of economic growth in their own families and in their own businesses. It will create a huge new entitlement. I believe it undercounts the costs going — going forward. And it will create an even bigger role for the federal government in our lives, which is deeply disturbing to a whole lot of people.