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U.S. Sen. Ron Johnson holds a news conference on the steps of Wisconsin Eastern District Federal Courthouse Monday, July 7, 2014 in Green Bay, Wis. A government attorney is trying to persuade a federal judge in Green Bay to toss out Johnson's lawsuit challenging rules forcing congressional members and their employees to seek government-subsidized health insurance through small business exchanges. U.S. Justice Department attorney James Luh told U.S. District Judge William Griesbach on Monday that Johnson can't sue because he hasn't shown how the rules have caused him any injury. (AP Photo/The Green Bay Press-Gazette, Jim Matthews) NO SALES

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FILE - In this March 1, 2013 file photo J.C. Penney Chief Executive Officer Ron Johnson gestures from the witness stand at State Supreme Court in New York. Johnson vowed to transform the beleaguered chain with trendy merchandise and break shoppers’ addiction to sales with everyday low prices. But the rapid-fire changes alienated Penney’s middle income consumers, resulting in nearly a billion loss and a 25 percent sales drop in the first year of Johnson’s plan. He was fired after 17 months on the job. (AP Photo/Thomas Iannaccone, Pool, file)

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Wisconsin Sen. Ron Johnson, R-Wis., speaks at the Republican party of Wisconsin State Convention Saturday, May 3, 2014, in Milwaukee. (AP Photo/Jeffrey Phelps)

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Wisconsin Sen. Ron Johnson, R-Wis., speaks at the Republican party of Wisconsin State Convention Saturday, May 3, 2014, in Milwaukee. (AP Photo/Jeffrey Phelps)

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Sen. Ron Johnson (R-Wis.) speaks to the Washington Times Newspaper in his Capitol Hill office, Washington, D.C., Thursday, May 1, 2014. (Andrew Harnik/The Washington Times)

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Sen. Ron Johnson (R-Wis.) speaks to the Washington Times Newspaper in his Capitol Hill office, Washington, D.C., Thursday, May 1, 2014. (Andrew Harnik/The Washington Times)

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Sen. Ron Johnson (R-Wis.) speaks to the Washington Times Newspaper in his Capitol Hill office, Washington, D.C., Thursday, May 1, 2014. (Andrew Harnik/The Washington Times)

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Sen. Ron Johnson (R-Wis.) speaks to the Washington Times Newspaper in his Capitol Hill office, Washington, D.C., Thursday, May 1, 2014. (Andrew Harnik/The Washington Times)

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Sen. Ron Johnson (R-Wis.) speaks to the Washington Times Newspaper in his Capitol Hill office, Washington, D.C., Thursday, May 1, 2014. (Andrew Harnik/The Washington Times)

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In this Jan. 7, 2014 photo, 4-year old Trey Ingles, left, and his brother Ian, 7, battle for the puck on their backyard ice rink in Washington, Ill. (AP Photo/Journal Star, Ron Johnson)

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In this Jan. 7, 2014 photo, Andy Seaton and his 7-year old son Augie take in a cold afternoon of hockey practice on the family's backyard 25-foot-by-40-foot ice rink in Germantown Hills, Ill. (AP Photo/Journal Star, Ron Johnson)