POLITICS

Antonin Scalia: Health Care Ruling Is 'Water Over The Dam' (VIDEO)

11/28/2012 06:26 pm ET

Supreme Court Justice Antonin Scalia said Wednesday that while he was surprised by the court's decision to uphold President Obama's health care law, the ruling is now "water over the dam."

During an interview with CBS' Charlie Rose, the conservative justice detailed his reaction to the June decision on the Affordable Care Act. The court ruled to uphold the law's controversial individual mandate under Congress' power to "lay and collect taxes."

"It was hard in one respect-- I think the hard question was the commerce clause question," Scalia said of the decision. "I don't think the tax question was a hard question. The commerce clause question I think was hard. I could've seen that coming out the other way, but to be in the majority in that and lose on the tax question, I would never have guessed."

Scalia agreed with Rose that the argument was surprising, but said it's time to move on.

"Water over the dam," Scalia said.

In the weeks following the decision, Scalia was more willing to criticize his colleagues' decision to rule in favor of Obamacare. During an interview with "Fox News Sunday," Scalia reiterated his opposition to defining the individual mandate's penalty as a tax.

"You don't interpret a penalty to be a pig," Scalia said. "It can't be a pig. And what my dissent said in the Affordable Care Act was simply there is no way to regard this penalty as a tax. It simply does not bear that meaning.”

And according to New Yorker writer Jeffrey Toobin, who released a book on the Supreme Court earlier this year, Scalia was "enraged" when Roberts reportedly switched his vote to side with the court's liberals and uphold the law. Scalia, however, insists that there's no bad blood between him and Roberts.

"There are clashes on legal questions but not personally," Scalia told CNN's Piers Morgan in July.

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