Federal judges are now taking a close look at the Affordable Care Act and it could ultimately be overturned.

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Republican U.S. Sen. John Kennedy says Congress will have to decide the new health care model that states will follow. Louisiana lawmakers urged by Attorney General Jeff Landry, passed a bill earlier this year that could lead to creation of a high-risk pool to help residents with preexisting conditions get insurance if Obamacare is completely tossed.

But the big problem is funding for the health care plan.

Kennedy says "I would certainly do everything I could to help Louisiana."