did not set up their own exchange as you're working through the federal government website? what's the effect, potential effect? >> it's very simple. either the judge is going to say as fred suggests that if you look at this section 1321, it only applies to exchanges set up by a state or the judge is going to rule, look. the intent of the law -- and by the way, this goes to the core of legal methodology which is the whole concept of meaning of the word, strict texturalism versus the intent of the drafters. this judge may look at what the legislative discussions were when the law was formulated and then guess what? we're going to solve this big mystery as to whether it was a mistake or it was intentional. >> the law has always been, if that's what they meant, then that's what they should have said and that's not what they say. jenna: if that was the case, would it go back to congress, fred, to fix the wording and would congress have to agree on