when david riskin, the lawyer who first wrote about this potential challenge constitutionally to obamacared the liberals were laughing. i don't think they're laughing now. tell us about the essence of the challenge to the 26 states to the law. >> the states are challenging the federal government's application of the commerce clause, their ability to regulate commerce among several states, right? this is a situation that's very complicated and complex, because you basically have a case of economic nonactivity. >> they're saying you must buy health insurance? >> you must buy healthcare and we're going to regulate it. >> right. >> this is kind of like saying you have to install traffic lights so that we can install streets. i mean, it's -- you know, it's putting the cart before the horse. >> okay. and the obama administration says, no, no, it's not really a requirement like that. it's just a tax, because you pay a penalty if you don't buy health insurance. and taxes are constitutional. we all know that, unfortunately. >> unfortunately. you have tie about this too, if just the government can f