MASSDEVICE ON CALL —A clutch of 26 states arguing against the individual insurance mandate in President Barack Obama’s health care reform argued before the Supreme Court that the measures represented an abuse of Congressional power.

"If Congress really had this remarkable authority, it would not have waited 220 years to exercise it," the states argued in their written brief. "If this power really existed, both our Constitution and our constitutional history would look fundamentally different … The extraordinary power that the federal government claims here is simply incompatible with our founding document."

The states argued against the law that every American citizen maintain a certain level of health insurance or face a penalty.

The White House defended the insurance mandate earlier this year, arguing that the Supreme Court would need to break with clear precedent in order to justify cutting down the insurance mandate.

The case will move to oral arguments in March, Healthwatch reported.

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