brought you last hour. a federal judge refuse toddies miss a lawsuit that has the potential to undermind the affordable care act. that lawsuit is challenging the expansion of irs power under the new law. the government wanted the case dismissed. the headline today, that the judge denied that. so the case remains. the judge also refused to issue an injunction against the enforcement abilities of irs. that would have stopped subsidies to the health care exchanges. so for now the subsidies will remain but case can and will move forward. as of right this moment, the health care law, obamacare, remains unaffected. we ll have more on the developing story as we get it. jon: turn now to media coverage of the shaky rollout of the obamacare exchanges as glitches and frustrations mount, more mainstream outlets are beginning it take a tougher tone towards the president s signature law. listen. the president on this, does