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Insurance mandate feeds GOP's attack on legal front

Wall Street Journal, January 11, 2010

Republicans are attacking the legal premise of the health reform legislation, saying Congress has no power to make people carry health insurance or pay a penalty or tax, the Wall Street Journal reports. Constitutional-law scholars say that if the healthcare overhaul becomes law, it could give courts an opportunity to test the limits of congressional authority in areas that haven't been examined since the New Deal era. However, courts usually defer to lawmakers, and Democrats could smooth the way further by using language in the final version that clearly asserts Congress's power under the Constitution to levy taxes, reports the Journal.