opposite, saying it was likely unconstitutional. also an intelligence panel appointed by president obama questioned whether the phone program was even useful in preventing terrorism. the justice department is working to appeal the d.c. court ruling. and the american civil liberties union, which brought the new york case, says it will appeal that ruling. well, the bottom line is that these two judges of equal rank have come to opposite conclusions. and they'll probably take a couple of years for the appeals court to work through these two decisions. for now, the nsa gets to continue its data collection. and in the end, it may be up to the supreme court to take a look at the privacy issues and what the nsa is doing is legal. deb, victor? >> evan perez for us this morning. evan, thanks. and a harsh new reality for out of work americans today. >> 1.3 million of them, the long-term unemployed, we're talking about folks who haven't had a job in more than 26 weeks.