STUART VARNEY (HOST): So therefore, if [the lawsuit against the Affordable Care Act] gets to the Supreme Court, you think it's struck down. It's gone.
ANDREW NAPOLITANO (FOX NEWS SENIOR JUDICIAL ANALYST): Yes. This gives Republicans a big headache. It's not an opportunity, it's a headache. They have to decide what to do with the parts of Obamacare against which they voted, and against which they campaigned, but which are popular.
STUART VARNEY (HOST): For example, pre-existing conditions. That's very popular.
NAPOLITANO: It absolutely is.
VARNEY: But how do you fund that? If that continues, how do you fund it?
NAPOLITANO: Impossible. Without the individual mandate -- every human being in the country having health insurance -- there is not a large enough pool of cash for the insurance carriers to pay for pre-existing injuries. Where does the cash might come from?
VARNEY: Taxpayer.
NAPOLITANO: Correct. What would that be -- Bernie Sanders, pretty close to Medicare For All. From a Republican president like Donald Trump, a Republican Senate, and soon-to-be a Democratic House.
VARNEY: It goes back to what we've always said, judge. Once the government gives something, it cannot be taken away very easily. It never is.
NAPOLITANO: It can only be taken away with the direst of political consequences to those who dare to take it away.
VARNEY: That's right, that's right. The idea of covering pre-existing conditions is very, very popular, but it destroys the whole concept of insurance.
NAPOLITANO: It sure does. The public treasury is becoming, has become, a public trough, no matter who's running the government.
VARNEY: Maybe we should just -- look, I'm not suggesting this, but if the writing is on the wall, I mean, you creep closer and closer and closer to Bernie's system.
NAPOLITANO: To what Bernie and what the Democrats want.
VARNEY: You just get closer and closer, and it seems like there's no way to stop it.
NAPOLITANO: And it makes their argument, which you and I believe is the rankest form of socialism, appear rational to the modern mind.
VARNEY: Yes.
NAPOLITANO: And that -- when it appears rational, it will come.
VARNEY: Well health care of course is a right, isn't it? It must be provided.
NAPOLITANO: In their view it is.
VARNEY: In their view it is, yes.
NAPOLITANO: Yes. It's actually, of course, a good that one should be able to purchase or not.
