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Washington. >> as of right now on march 6, super tuesday, republican voters in virginia will have two choices on their primary ballots. mitt romney and ron paul. but before they're even allowed to pull the lever for either, they've got to promise they'll do the same thing in november for the eventual nominee by signing something that says, i, the undersigned, pledge that i intend to support the nominee of the republican party for president. now, if you break this pledge, you won't get hauled off to jail. it's not legally binding. but regardless in the old dominion state, some republicans think...

That apparently they have this sort of loyalty oath that voters in the gop primary are required to sign and it reads as follows i, the undersigned, pledge that i intend to support the nominee of the republican party for president. isn't that unconstitutional? >> yeah, i really think it is. i think it's a violation of number one, the first amendment free speech rights. and i also think, gregg, this is a form -- it may be subtle, but a form of voter intimidation because it sort of implies that if you don't vote gop when you actually vote for president, then there may be consequences and it's a l...

Announced only two republican candidates actually qualified to appear on their battle. peter doocy following this for us will i have in washington d.c. hi, peter. >> hi, jamie. it wasn't long allege that newt gingrich said he wouldn't support ron paul if he became the nominee. since gingrich lives in virginia and he said that. he would technically be disqualified from voting in his state's primary because before any republican can cost a primary vote in the old dominion state they must first sign a pledge that says, i, the undersigned, pledge that i intend to support the nominee of the republi...

Particular way. >> well, regardless of the fact that doesn't have any legal teeth, the general person is not necessarily going to know it doesn't have any legal enforcement way. so it will have a chilling effect on the voter and i don't think that's going to hold up at all and i don't agree with it. >> gregg: yeah. that one is going to be tossed. david, rachel, two terrific lawyers, great to see you. good discussion. happy new year. >> happy new year. >> happy new year u guy, thanks. >> heather: as gregg and our legal panel just mentioned, the republican party in virginia taking a bold step re...