WASHINGTON—The Senate on Wednesday voted against repealing the health-care overhaul but approved a measure eliminating a tax requirement that had irked small businesses.

In a debate reshaped by this week's court strike against the law, the Senate voted 51-47 against repeal. All of the chamber's Democrats who were present and one independent who caucuses with them voted against it, and every Republican voted for it. The measure, which Republicans tacked on to an unrelated aviation bill, had been expected to fail.


Sen. Mike Johanns (R., Neb.) sees this week's federal court ruling against the health-care overhaul as a sign that Congress overreached. Zuma Press


The provision was intended to reduce tax evasion, but businesses called it burdensome. The two parties had tussled over how to replace the $19 billion the provision was projected to raise to pay for the law. The approved measure offsets it with unspecified spending cuts.


Two senators, Democrat Mark Warner of Virginia and independent Joe Lieberman of Connecticut, missed the day's votes.

Both parties are turning their attention to the courts since judges may wield the greatest power to reshape the law.

On Monday, a federal judge in Florida declared the entire law void. He said its requirement that most Americans carry insurance or pay a penalty—the "individual mandate"—violates the Constitution.

States are at odds over whether that ruling means they should put the brakes on enacting the law. The Obama administration plans to appeal, and the Supreme Court is ultimately expected to decide the matter.

So far, both Wisconsin and Florida—states with Republican governors who were party to the lawsuit—interpret U.S. District Judge Roger Vinson's decision as a license to treat the law as if it no longer exists. But other states among the 26 plaintiffs in the lawsuit say they haven't changed their implementation strategy because they believe an appeals court is likely to issue a stay against the judgment.

Inside the Senate, Republicans pointed to the court ruling as evidence that Congress overreached in its sweeping measure to rework the health system.

"I believe we are looking forward to a day when the Supreme Court says to Congress, 'You went too far. You went beyond the Constitution of this great nation,'" said Sen. Mike Johanns (R., Neb.).

Democrats argued that the individual mandate is the only way to rework the system so people with pre-existing health conditions can secure coverage.

"It's certainly an assault on individual Americans' freedoms when someone goes without insurance and they show up in the emergency room and they stick other Americans with their emergency-room bill," said Sen. Tom Harkin (D., Iowa). "The individual mandate is just common sense, and that's why so many Republicans supported it in the past."

Sen. Bill Nelson (D., Fla.) introduced legislation Wednesday that would ask the Supreme Court to bypass federal appeals courts and take up the case, on the grounds that all sides want a fast resolution. Any decision would be up to the Supreme Court, which is generally reluctant to hear a case before appellate courts have ruled.

Editor's note: Sen. Mark Warner (D., Va.) did not vote in Wednesday's Senate vote to repeal the health-overhaul law because of a family medical emergency. A version of this story indicated his office did not respond to a request for comment on why he was not present for the vote. Because of a technical error, his office did not receive the request for comment.