Dave,
Tell it to Newt....
Or tell it to that other socialist Orrin Hatch, who along with 20 other socialist republican senators supported a 1993 GOP bill requiring an individual mandate. He's still in the Senate, and so are his three of his buddies who backed the mandate idea back then when it served them politically to do so. They are the socialists Grassley of Iowa, R. Bennett of Utah and Chris Bond of Missouri. By the way, the socialist president, George Bush Sr., was behind the idea.
Or tell it to the recent socialist republican majority head of the senate, Bill Frist who said:
"I believe in limited government and individual responsibility, cherish the freedom to choose, and generally oppose individual mandatesexcept where markets fail, individuals suffer, and society pays a hefty price. Let's face it, in a country as productive and advanced as ours, every American deserves affordable access to healthcare delivered at the right time. And they don't have it today. It is time for an individual health insurance mandate for a minimum level of health coverage."
As for arguing the legal footing, well, not being a lawyer would put me at a disadvantage, but after reading the opinions from unbiased, non-political constitutional scholars I am inclined to believe that because the mandate has been set up like a tax, and the federal government has taxing powers, the cases for repeal will be lost.