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and syndicated columnist charles krauthammer. number of the ruling. this is the second ruling, erin, to rule the individual mandate unconstitutional. on its way to the supreme court. how big of a deal is this? >> every time we get a ruling of this kind, a big deal. there were 26 states attorneys general that signed on to this. it was significant. but look, the political cigtant is ep greater. this is giving republicans on the hill new momentum, fresh momentum. the senate republicans want to take up the repeal bill passed in the house. democrats control the senate. this is fresh momentum to force the vote and put democrats on defense. they're delighted. >> senator dick durbin is going to chair a judicial committee hearing about the constitutionality of the healthcare law. >> right. >> bret: democrats are building their defense. >> whose constitutionality is it? in the eye of the beholder. senator durbin had it right,

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