NEIL CAVUTO, HOST: And a new poll finding just 12 percent, 12 percent of Americans want the individual mandate to kick in next year; that provision in the health care law that would force Americans to get health insurance or pay a fine. This after the White House delayed a similar provision for large employers.
Pennsylvania Republican Congressman Mike Kelly says not only is that not fair, but this whole law just ain't looking right.
Congressman, good to have you. But it does seem to be imploding? What do you think?
REP. MIKE KELLY, R-PA.: Well, you know what? Neil, it is. It is unraveling right before our eyes. We are watching it day after day and it just doesn't make sense.
I struggled last night. I read through some testimony and trying to figure out how in the world -- I wasn't here went they passed it -- how in the world did they ever think it was going to work from day one? And it was passed with such great fanfare, but all of a sudden we are eliminating certain pieces and the president is deciding what to enforce and what not to enforce, what does he like and what doesn't he like, what is palpable and what is not palatable.
He does it in a way that I don't think makes sense. If he wanted to do this, he should have come before the American people and say, you know what, my bad. We thought it was good idea. It's not working out. We're going to work on this and we're going to repeal it and we're going to hold it back.
Holding it back doesn't fix it, Neil. It just pushes it to the back- burner. We need to get this pulled back off, repeal it and replace it with something that makes sense and is fair to the American people. Isn't that what we want?
CAVUTO: Here is where you and some of your colleagues confuse me, because I understand what you are saying. But many of your colleagues were using the law itself as an excuse for not changing the law, saying that once it is a law the president has to effectively go back to you guys, Congress, to change, in this case delaying a key provision like the insurance mandate.
Now you seem to be saying, what you do for one you ought to do for the other. If you are going to delay it for their bosses, you got to delay it for the workers. So I'm confused.
KELLY: I don't think there is anything to be confused about.
The law is there. It has been put in place. We know that. OK? There are certain things we can do. We have been able to defund certain parts of it and been able to slow it down, but overwhelmingly we're seeing more and more people saying this isn't going to work.
Now, because the president did what he did, now we are looking at it and say, listen, so if you can pick and choose, you can say we're not going to enforce the employer mandate, but we are still going to do the individual mandate.
CAVUTO: So, you're saying push back the individual mandate to be fair, but you are not going back to what some of your colleagues were saying yesterday, no, the law says you can't do anything individual or employer mandate without going through us first?
KELLY: Well, what I'm saying is, you know what? Suspend this whole process and let's go back and fix it. It can be fixed.
We have to do something that takes care of health care in this country. We all agree on that. This just isn't the way. And the way it's unraveling right now, it is drawing a wedge between the people and the government. And again this destroys the trust that people have. We have got do something. We have a responsibility to do something that makes sense that is fair for the American people.
This is not fair. This has nothing to do with Republicans or Democrats, by the way. This has to do with fairness and this has to do with taking care of the American people and fulfilling our pledge to them.
Whatever the process is, I know there is confusion on that from time to time. We are looking at piece right now that is a law, it is a law. The president has chosen to not enforce one piece of it. There is an individual mandate out there that people overwhelmingly don't think they should have to be forced to buy.
CAVUTO: So, what is good for the bosses ought to be good for the worker bees. It all makes sense.
Congressman, thanks very, very much.
KELLY: Thank you, Neil.