Sen. Nelson's Awkward Position: Voting for an Unconstitutional Law

Bill Nelson's vote on Wednesday to affirm President Obama's health-care law puts the senator on increasingly thin ice in Florida.

Joining his fellow Democrats, Nelson ratified a law that had been ruled unconstitutional by a federal judge two days earlier.

Nelson didn't directly address the constitutional issue, but wants a quick review by the U.S. Supreme Court -- hoping to get the matter resolved before he faces re-election in 2012.

The latest Quinnipiac Poll suggests that Nelson has an uphill battle, with a majority of Floridians wanting the health-care law wiped off the books.

By sticking with the Obama administration, Nelson has put himself in the dicey position of supporting an unconstitutional law.

And while federal bureaucrats continue to implement the law as if nothing has happened in court, the Department of Justice says it plans to appeal U.S. District Judge Roger Vinson's decision -- effectively admitting that the administration is in violation of a court order.

As the Wall Street Journal put it Thursday:

"The Obama Justice Department can file an appeal asking the 11th Circuit for a stay, and it will -- but as soon as it does, it will be forced to concede that the administration is currently flouting the law. Florida Attorney General Pam Bondi deserves particular credit for holding Justice's feet to the fire on this point."

Note to Nelson: Bondi blitzed Democrat Dan Gelber in the election for attorney general last fall. Gelber's position, pooh-poohing the constitutional challenge to Obamacare, obviously didn't play well with Floridians. Nelson keeps voting for the law at his peril.

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