The procedure that House will use to vote on healthcare is unconstitutional and would likely be overruled by the Supreme Court, Sen. John McCain (R-Ariz.) said today.
The House is using a "self-enacting rule" that would "deem" the Senate bill to have been passed by the House at the same time they make changes to it.
McCain said there were "a couple of Supreme Court decisions that clearly indicated that bills have to be passed by both Houses of Congress, which doesn't seem like it'd be too hard to figure out for most of the colleagues, so I think there is a real constitutional challenge there."
McCain specifically cited the Supreme Court's decision stiking down a 1996 law giving the president a line-item veto authority. In that decision, the court said it was unconstitutional to allow a president to modify a bill Congress had passed and then sign it into law without another round of votes.
Earlier today, McCain's fellow Arizonan Sen. Jon Kyl (R) predicted that legal challenges would result from using a "self-enacting rule."
Experts have noted that Congress has used the procedure for a number of significant pieces of legislation.