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People say i'm not going to sign up nafor that if it's going to disappear. they've created this crisis and say we're not offering you much but it's better than nothing. >> the republicans should own whatever happens next, whether there's a replacement, whether there's not. is that going to happen? >> the president saying, fallback position is let's not pass anything. let's let obamacare fall apart. let's help obamacare fall apart and then blame democrats. will that work? it's anybody's guess. certainly if they pass a bill that winds up taking away health coverage, increasing costs particularly...

Thcountry, just across the river from where we are in alexandria, virginia, a federal judge heard argument on that question. leoni brinkham, whether it's constitution or legal on a lawsuit by the state of virginia, which is almost identical to the others, tough for foreign students and faculty and people who work for high-tech companies. so it's going to be in court. the question in the meantime is, can it be enforced while they prepare to have these legal battles? >> and didn't the justice department signal in its response to the appeal court in its brief that they were already prepared to ha...

Ingraham and the american center for law and justice, jay sekulow is with us. you'll find us an amicus brief in this case. our u.s. shocked as i am? i felt that you put in issues in your brief that the government and the department of justice representative that was arguing they should have been using that they didn't use. the juicy information of the lower left on the table here? >> i did. look, i think this is a really clear cut case. the lawyer for the department of justice was asked a question, are you saying this is from the judges the president has the authority to do this on his and ora...

Fallback position we have not seen before. if you are going to uphold the seattle district court, at least limit it in some way to the people who have been previously admitted to the u.s. think of someone on student visa traveling back and forth home. the travel ban would knno longe apply to them. we have to see what happens here because the plaintiffs say you just unleash chaos if you tried to put the travel ban back in place. the appellate court has several options for how it could rule. we'll have to see after the hearing. >> when do we expect a ruling from the ninth circuit? >> i would say...

Case, justice reporter laura jarrett is live in washington for us. good morning. >> reporter: good morning, christine. everybody anxiously awaiting the oral argument later tonight. we saw a number of court filings yesterday. the justice department filed a legal brief last night doubling down on the previous arguments we had seen before. about the problems with federal judge in seattle. second guessing the president on immigration like this. they also now come up with a new fallback position. if you are going to uphold the seattle court, limit it to the people previously admitted to the united ...