From The Miami Herald:

Florida Attorney General Bill McCollum said Tuesday that Congress has no constitutional right to force people to buy health insurance — and he’ll sue to stop the proposal if it becomes law.

“Never before has Congress compelled Americans, under threat of government fines or taxes, to purchase an unwanted product or service simply as a condition of existing in this country,” McCollum wrote in a legal opinion to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid.

McCollum said the commerce clause of the Constitution doesn’t allow Congress to tax or penalize someone for not doing something — in this case, not buying insurance. His office said it would sue the enforcing agency for the legislation, which is currently the Internal Revenue Service but could change if the legislation changes.

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