Rep. Ron DeSantis talks travel ban case, ObamaCare battle

This is a rush transcript from "Your World," February 10, 2017. This copy may not be in its final form and may be updated.

MARIA BARTIROMO, GUEST HOST:  All right, breaking news right now, a White House source telling Fox News that the White House will likely not appeal the Ninth Circuit three-judge panel decision to either an en banc session of the Ninth Circuit, nor will it likely file an emergency appeal with the Supreme Court.

The plan is to fight it out in U.S. district court in Seattle on the merits of the executive order, this just coming into the newsroom moments ago from John Roberts.

Florida Republican Congressman Ron DeSantis is a longstanding opponent of ObamaCare.  He joins right now.

But before we get into ObamaCare, Congressman, I want to ask you what we're just learning, that the White House says it's not going to appeal the Ninth Circuit three-judge panel decision.

What is an en banc session of the Ninth Circuit?  Can you explain this to us?


So, it would basically be the whole circuit.  So, you would have a huge number of judges sitting.  That's a very liberal circuit.  The fact that they lost 3-0 with a three-judge panel tells me that the liberal judges will rule against Trump.

And then even if he tried to go to the Supreme Court, you have four liberal jurists out of eight that are almost assuredly going to vote against Trump.

And I think it's unfortunate, because I think the law is pretty clear.  And I don't think that district court in Seattle wrestled with the law at all. I thought the three-judge panel at least did some legal analysis.  It was just very faulty legal analysis, really where judges are putting themselves in the shoes of the president and Congress on national security matters.

And that is something that is really not going to work out well for our country.

BARTIROMO:  So, given the liberal ideologies here, maybe it's not a surprise that the White House says it's not going to actually appeal this, because they're hitting brick walls.

Do you think that the president then will likely write another executive order, narrow it down, like what Alan Dershowitz is recommending and Senator Lindsey Graham as well, by the way?

DESANTIS:  He could do it just to clarify.  There was the confusion about the green card holders.  He could clarify that and say, look, what we're trying to do is prevent entry from seven terror-ridden countries and we're also doing a moratorium on the refugee program, do that clearly.

That potentially could do it, although I would say, Maria, if you look at that argument from that district judge in Seattle, he was prattling on, saying, oh, we have never had terrorism from these seven countries, which is totally false.  The Ohio state attacker, that was two months ago.  He was a Somali refugee.

So you have a court, I think, in Seattle that is probably inclined against the administration.  To me, that is more based in politics than the actual law.

BARTIROMO:  It certainly feels that way, all right, the breaking news there.  We got it out.

And then there's this, ObamaCare.  Today, I spoke with one of the architects of President Obama's legislation.  Listen to this.


DR. EZEKIEL EMANUEL, FORMER WHITE HOUSE SPECIAL ADVISER:  The facts are, there is no evidence that the Affordable Care Act limited economic growth. As a matter of fact...


BARTIROMO:  One hundred percent wrong.  One hundred percent wrong.  One hundred percent wrong.


BARTIROMO:  I speak to CEOs and managers of businesses every single day on this program, Dr. Emanuel.  And the one thing that they tell me is the reason that they have not hired more people, invested more in their business is because of the cost of health care.  That's the reason.

EMANUEL:  Let me remind you, when...

BARTIROMO:  And when you have a legislation that is 18 percent of the economic growth story, you can be sure that health care is going to have an impact on economic growth.


BARTIROMO:  Dr. Zeke Emanuel there, Congressman.

I don't know how you can argue that something that is 18 percent of the economy doesn't impact economic growth.

You say what?

DESANTIS:  Well, that's right.

No, you have -- look at the individual type of ObamaCare mandates.  Once you hit 50 employees, I have had a lot of business owners come to me and say, look, I could expand another 10 employees, but it will put me over that 50-employee mark and then my health care costs explode because I'm subject to ObamaCare mandates.

BARTIROMO:  That's right.

DESANTIS:  So, there's a huge number of economic disincentives, growth disincentives in ObamaCare.

Incidentally, Tom Price being the secretary, the secretary under ObamaCare has huge discretion on some of these things.  So he's going to be able to provide relief administratively, given that the 2,000-page bill had over 1,000 instances where decision-making was delegated to the HHS secretary.

BARTIROMO:  Yes.  So, you make a great point.  And that is exactly the point I was trying to make.

Real quick, what do you think his number one agenda point will be, Tom Price, as HHS secretary now?

DESANTIS:  I think he's going to go in, find those instances where the secretary has discretion.

And I think he's going to provide relief to patients, to doctors and to businesses as best he can.  That will be a huge help, not enough in terms of -- we still need to repeal ObamaCare, but that will make a difference, Maria.  There's no doubt about it.

BARTIROMO:  All right, Congressman, good to see you today.  Thank you so much for joining us.  Appreciate it.

DESANTIS:  Thank you.

BARTIROMO:  All right, we will see you soon, Congressman DeSantis.


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