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Tuesday, January 19, 2010

Florida Attorney General Threatens Lawsuit Against Health Care Mandate

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.

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