Former Republican congressman and Florida Attorney General Bill McCollum said Tuesday that provisions to force Americans to buy health care or pay a fine are not legal and he will file a lawsuit if they become law.
In a memo sent to the House and Senate leadership, the attorney general called the mandate requiring Americans to get health care a "living tax" that unconstitutionally penalizes people for being inactive.
According to the attorney general, a citizen's choice not to buy health insurance cannot rationally be construed as economic activity subject to the Commerce Clause.
"The Commerce Clause gives no authority for Congress to transform a citizen's individual choice to be inactive in the marketplace into a compulsion to purchase apparently unwanted insurance or be penalized," he wrote.
McCollum wrote that as attorney general of Florida he is in a position to file suit.