Rand Paul: Republicans’ ‘ObamaCare Lite Bill Is ... Likely Unconstitutional’

Republicans' ObamaCare replacement bill is .... unconstitutional?

That's the charge coming from Republican Senator Rand Paul.

The Kentucky senator, who has led the charge to pass a clean repeal of ObamaCare before passing replacement legislation, is deriding the new House bill as "ObamaCare Lite." Paul says the plan keeps some of the worst elements of ObamaCare, including tax hikes.

"This plan keeps the ObamaCare taxes for another year, keeps the Cadillac tax forever," Paul said in an interview on "Fox and Friends." "It keeps an individual mandate."

Paul predicted that the mandate's structure will "destroy" the bill's chances.

"Here is the interesting thing: The ObamaCare Lite bill says that you will pay the penalty not to the government but to the insurance company," he said. "This is in all likelihood unconstitutional and could destroy the whole repeal plan."

"We’re talking about an individual mandate that is a penalty," he continued. "If you drop your insurance and then you want to buy it again, there is a penalty. Under ObamaCare you had to pay the government the penalty. Under ObamaCare Lite, the House leadership plan, you will pay the penalty to the insurance company. This is in all likelihood unconstitutional."

"It will not pass," he said. "Conservatives aren’t going to take it.”