is the rest of the bill written in such a way to support the defense's argument? >> what was very interesting to me is two things that happened almost right out of the box in the arguing. the first thing is that justice briar went after the planintiffs and said look, if you read established by the states you have to read it as a very specific rendition. go back to what an exchange is and established by the states means you go to this provision that says the states shall establish and then there's this fallback option and it refers to either one of those as "such exchange." by the language they have these two provisions both of them fulfill the notion of an exchange by the state. he kept pointing out that if you read the text it does seem that