Hatch's Constitutional Challenge to Health Bill Fails, 39-60

"A challenge to the Senate health bill's constitutionality failed on Wednesday afternoon in a party-line vote. Sens. John Ensign (R-Nev.) and Orrin Hatch's (R-Utah) point of order arguing that the Senate bill is unconstitutional under the Interstate Commerce Clause and Fifth Amendment of the U.S. Constitution failed in a 39-60 vote. ... Conservatives have alleged for some time that elements of the health bill ... violate the Constitution."