focused on congress trying to change the language. writing the law as a penalty and then the language became tax. megyn: that became a big deal. i want our viewers to know. there was another one but the basic two grounds that the virginia attorney general challenged this law on were number one they said the commerce clause because that s what congress said they had the power to enact. they said anything that a touches commerce congress can regulate. this judge said no way you ve gone too far. you talk about people sitting in their house not doing anything. reporter: and the general welfare clause trying to extend this is a broad interpretation. megyn: the feds second argument was it s a tax in the same way we can tax your income, we can tax something having to do with healthcare. originally president obama and others had come out and said, don t worry it s not a tax, but when they got into court, lou they change their argument and this judge said nothing doing. you can t represent to