The Supreme Court surprised more than a few observers today with the news that they found the individual mandate to buy health insurance constitutional because a fine for not buying insurance was tantamount to a federal tax, except when it is not. Among the pundits getting this decision wrong was Bill O’Reilly, who in March said there was no way the mandate would be upheld and, if so, he would apologize. He phoned into the program at the top of the hour, but no apology was in sight.
The gist of his debate with American Constitutional Society’s Caroline Fredrickson: that he was so certain in his prediction, he would replay the video and “apologize for being an idiot” if he was wrong. It is worth noting that the argument for the mandate as a tax and not forcing someone to do something and sanctioning that behavior was precisely Frederickson (and, this morning, Chief Justice John Roberts‘s).
Today would be the day for replaying the clip. Although he has left the Factor reins to Laura Ingraham and Juan Williams the rest of the week, he called in today to weigh in on the decision.
But for now, we have his original assessment, which you can watch via Fox News below:
Update: O’Reilly phoned in to call the decision “outrageous,” but did not mention his prediction before or apologize for being wrong:
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