for pre-existing conditions, for example. on the flip side, democrats will be forced to defend the law, putting the party's debate over universal coverage on hold. those are two possibilities. you might have a situation where democrats do have to defend. you also might have a situation where they just slipped 40 seats on this. >> guy: yeah, health care was a huge issue for the democrats in their house victories. i do think that it's interesting to watch what they are trying to do, which is defend obamacare, say that it's working, say that it's successful, but also pivoting to single-payer health care, which is sort of the new direction of the party. which barack obama has endorsed. in some ways, it's an admission of failure of the law that's on the books. what i was confused about when i saw this really come down, it's like -- why is the judge ruling on the constitutionality of the individual made a tax? we already had that argument. it went to the supreme court, it was 5-4. the only reason it was re-argued is because of their public attacks law zeroing out the