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Because i guess we don't think it is sexy enough. is the president right here? >> well, i think democrats do have a turnout problem in mid-term elections. democratic voters are disproportionately younger and disproportionately minorities. and those voters don't come out in mid-terms the way they do in presidential races. democrats need to tell their voters, what happens at a presidential race is as important as what happens in a mid-term if you really want to have a governing majority to run the country. >> what has to happen for the democrats to get that net gain that they need to get control...

States are very concerned about the roll back on individual rights and particularly privacy. this is a refreshing victory for that community. >> all right, professor turley, thanks so much. also jim acosta who was there earlier at the white house, appreciate it. >> thank you. >> very embarrassing for the white house. this was something that happened under the bush administration, that at first initially that president obama had campaigned against it and then eventually just embraced the whole thing, now being smacked down by the judge who says it's not constitutional. >> if it gets to the supr...