If you can't win it on the floor, then perhaps it's possible to win it in court. That seems to be the latest strategy of the GOP in its unified attempt to derail the health reform package that is moving to a Christmas Eve vote. The lever? Seeing if it's possible to declare unconstitutional the mandate that everyone in the country must have health insurance. Senator John Ensign (Nevada), a leader in this new assault, has stated: "What's next? 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?" (We get your point, Senator... but c'mon...)
Given the Democratic majority in Congress, it's unlikely the Republican charge will gain much steam. But, this could signal the beginning of a multi-pronged legal attack that could tie up the implementation of the new law for years. And given how the legislative branch swings left, then right, then left, etc.... perhaps keeping this in the courts for a while could push this to a time when a repeal of the reform law could be possible.