michael o. leavitt: that is correct. among the 14 who established state exchanges, they are golden. john mcardle: michael leavitt is our guest. he is from salt lake city, utah. we have a caller on the line for democrats. good morning. caller: good morning. i just think it's really crazy that these states don't want to do their jobs and to set up the exchanges that they were supposed to do under the law. if they had done that these people would are you have had their subsidies to get their medicaid. michael o. leavitt: in the defense of the 34 states, the federal government took the position that if they didn't, then there would be a federal exchange. and for those that have not followed this as closely, that is the dispute. the law explicitly uses the words established by the state a state established exchange. those three words. those 34 states who chose not to do it just relied upon the federal exchange, hence people got their subsidy. there are those who believe that the court will find a way to allow those 34 to continue in the federal system. the states do find themselves now in