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texas, reed o conner, ruled the affordable care act invalid because he said it knocked out the constitutional foundation, and the judge says obamacare cannot be separated from that provision. now, less than a week from a possible government shutdown, this is likely to become yet another divisive issue for congress. congress failed to repeal and replace it as many of us had promised. that was, you know, that s on us. that was a terrible failure of the congress. but maybe this will cause the issue to be revisited. if this ruling would be permitted to stand, 17 million americans would lose health insurance, so it d be devastating for the american people. reporter: if the lawsuit makes it to the supreme court, as many think it will, it would be the third time the justices consider fundamental provisions of obamacare and twice it s been upheld. the ruling not only the bad news

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