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The E. Barrett Prettyman Federal Courthouse that houses the U.S. Court of Appeals for the D.C. Circuit. Obama's health care law is enmeshed in another big legal battle after two federal appeals courts issued contradictory rulings on a key financing issue within hours of each other Tuesday. (associated press)

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The E. Barrett Prettyman Federal Courthouse that houses the U.S. Court of Appeals for the D.C. Circuit. Obama's health care law is enmeshed in another big legal battle after two federal appeals courts issued contradictory rulings on a key financing issue within hours of each other Tuesday. (associated press)

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FILE - In file photo taken Aug. 21, 2010, a Verizon sign is shown at New Meadowlands Stadium in East Rutherford, N.J. On Tuesday, Jan. 14, 2014 a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit affirmed that the FCC had authority to create open-access rules. But in a setback for the Obama administration's goal of Internet openness, the court ruled that the FCC failed to establish that its 2010 regulations don't overreach. Under so-called net neutrality rules adopted in 2010 by the Federal Communications Commission, wired broadband providers such as Comcast, Time Warner Cable and Verizon were barred from prioritizing some types of Internet traffic over others.(AP Photo/Peter Morgan)

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FILE - In file photo taken Aug. 21, 2010, a Verizon sign is shown at New Meadowlands Stadium in East Rutherford, N.J. On Tuesday, Jan. 14, 2014 a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit affirmed that the FCC had authority to create open-access rules. But in a setback for the Obama administration's goal of Internet openness, the court ruled that the FCC failed to establish that its 2010 regulations don't overreach. Under so-called net neutrality rules adopted in 2010 by the Federal Communications Commission, wired broadband providers such as Comcast, Time Warner Cable and Verizon were barred from prioritizing some types of Internet traffic over others.(AP Photo/Peter Morgan)

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FILE - In this June 4, 2013 file photo, President Barack Obama gestures while speaking in the Rose Garden of the White House in Washington, Tuesday, June 4, 2013, to announce the judicial nominations including Patricia Ann Millett, right, to the U.S. Court of Appeals for the District of Columbia Circuit. Senate Democrats have approved a key judicial nominee from President Barack Obama, the first nomination cleared since they weakened Senate filibuster rules.The Senate voted 56-38 to approve Millett's nomination to the U.S. Court of Appeals for the District of Columbia. (AP Photo/Manuel Balce Ceneta, File)

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FILE - In this June 4, 2013 file photo, President Barack Obama gestures while speaking in the Rose Garden of the White House in Washington, Tuesday, June 4, 2013, to announce the judicial nominations including Patricia Ann Millett, right, to the U.S. Court of Appeals for the District of Columbia Circuit. Senate Democrats have approved a key judicial nominee from President Barack Obama, the first nomination cleared since they weakened Senate filibuster rules.The Senate voted 56-38 to approve Millett's nomination to the U.S. Court of Appeals for the District of Columbia. (AP Photo/Manuel Balce Ceneta, File)

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Judge Robert Wilkins, who sits on the U.S. District Court for D.C., didn't have the votes of 60 senators Monday to overcome a filibuster for his nomination to the higher U.S. Court of Appeals for D.C. (Associated Press)