GOP Argues Insurance Mandate Violates Constitution

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By Scott Hensley

Unable to win the votes on health overhaul, Republicans are eyeing a battle in the courts.

Their strategy? Have the overhaul's requirement that everyone in the country have health insurance declared unconstitutional. If uninsured people don't buy coverage, they would be penalized to the tune of $750 under the Senate bill, for instance.

Republicans are forcing the issue with a Senate vote today on the constitutionality of the mandate. "What's next?" said Sen. John Ensign (R-NV), who's leading the challenge. "Will we consider legislation in the future requiring every American to buy a car? Will we consider legislation in the future requiring every American to buy a house?" he asked, according to the Wall Street Journal.

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