more. they think it's constitutional regardless of what this judge -- federal judge in virginia said. he was pretty clear. he said, it's not constitutional to impose a penalty on people for not buying health care. >> reporter: right. basically and that it exceeds constitutional powers. and that's what it's going to come down to. does it -- you know is it constitutional or not? and as soon as nancy was finished with you, she spoke with dan lothian and telling him she's going to be on the phone with the justice department this afternoon and trying to figure out their next step here. it's not a surprise to the administration that this ruling was coming out. they knew it was coming, knew it was likely to head this way, but it should be noted there have been other rulings on this very provision that have gone the administration's way. so what i think the bottom line here is from a political standpoint for this white house, they know it's very likely to go to the u.s. support and be decided there. in the short-term, nobody knows what kind of impact it will have on consumers. the real question will be what kind of long-term impact will it have on consumers?