This is a rush transcript from "On the Record," January 26, 2011. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Well, we're are closer to getting the final word whether the new health care law is constitutional or not. And there is news tonight that the United States court of appeals for the 4th circuit has agreed to give expedited consideration to the Virginia health care case. Now, as you recall, a federal trial judge in Virginia said the mandate is unconstitutional, and the federal government has appealed that decision. And because of the grave importance of this matter, the court of appeals has advanced the day they will hear oral arguments on it. It'll happen between May 10th and May 13th.
And there is troubling news tonight about the new health care law. California congressman Tom McClintock pressed chief actuary Richard Foster with some simple yet tough questions today on Capitol Hill. Take a look.
(BEGIN VIDEO CLIP)
REP. TOM MCCLINTOCK, R-CALIF.: True or false. The two principal promises that were made in support of "Obamacare" were, one, that it would hold costs down -- true or false?
RICHARD FOSTER, CHIEF ACTUARY, CENTER FOR MEDICARE, MEDICAID SERVICE: I would say false, OK, moreso than true.
MCCLINTOCK: The other promise that Dr. Price had just touched on was a promise if you like your plan, you can keep it. True or false?
FOSTER: Not true in all cases.
(END VIDEO CLIP)
VAN SUSTEREN: Well, what do you think about those answers? California congressman Tom McClintock joins us live from D.C. Good evening, Congressman. And you know, oftentimes, we ask questions, we know what the answer's going to be. When you asked those questions of that gentleman, did you know he would answer it like that?
MCCLINTOCK: Well, it shouldn't surprise us, certainly. You know, when you've got a bureaucrat in Washington telling you everything you have to have in your health plan and then telling you you have to buy it, whether you can afford it or not, want it or not, or need it or not, of course the cost is going to go up. So I had a pretty good idea what the answer was going to be. I think we all do.
VAN SUSTEREN: Now, your committee is composed, of course, of Republicans and Democrats. When you asked that question, those two questions and got those two answers, was there an audible gasp from the Democrats, or did the Democrats follow up with questions to sort of explain away his so that it wasn't as -- it didn't seem as though it seems when we listen to those answers?
MCCLINTOCK: Well, I should say I was reminded by Churchill's comment of Clement Atlee as a man who occasionally stumbles over the truth but always picks himself up and hurries on as if nothing's happened.
VAN SUSTEREN: So now what does happen? I mean, you -- you know, you've got these -- these two quotes and -- I mean, these answers. And they are stunning. I imagine the White House feels rattled tonight and the Democrats might feel rattled. They -- I mean, we still have the national health care bill. But what -- what do you do with this? Where do you take this?
MCCLINTOCK: Well, the House has already voted to repeal it. And as you just reported, it may not stand constitutional muster. In fact, it cannot stand constitutional muster. This is the first time in the history of the country that the federal government has claimed that it has the power to force every American to purchase a product that the government thinks it ought to purchase. You know, Scott Garrett of New Jersey pointed out during the debate last year, if that precedent is allowed to stand, what's to keep the government from ordering every American to purchase a car from "Government Motors" in the next recession?
VAN SUSTEREN: Explain to me why you had this hearing and asked those questions about health care if the -- since the House has repealed -- has voted to repeal the health care bill? I realize it's still in effect. It's got -- you know, we have some action in the Senate. Nobody really expects it to happen in the Senate, but whatever. And the president would certainly veto it. But what is the point of that hearing today and asking those questions in light of the fact the House has repealed it?
MCCLINTOCK: Because it's a critical budget matter that affects the long-term solvency of our nation -- in fact, really affects the short-term solvency of our nation, as well. And even though the House has passed it, the Senate has not yet acted, and the president has vowed he'd veto it.
VAN SUSTEREN: So do you think the Senate is likely to take note of those questions and those answers? And will that have any impact on what the Senate does or does not do?
MCCLINTOCK: Well, what the Senate does and what the White House does is beyond the control of the House of Representatives. But it is not beyond the control of the American people, and the American people are watching and listening very carefully. And as I said, I don't think there are many people who were surprised by the answers.
VAN SUSTEREN: Congressman, thank you, sir. Hope you'll come back, sir.
MCCLINTOCK: My pleasure, Greta. Thanks for having me.