Two days after a federal judge in Florida found the entire Obama health reform law unconstitutional, a U.S. Senate committee holds a hearing on this sizzling legal question.

Not long ago, Democrats openly scoffed at the idea that any portion of the health law could run afoul of the Constitution, but that's exactly what has happened in two federal courtrooms when it comes to the individual mandate, the requirement that people buy health insurance starting in 2014, or face a federal tax penalty.

This week, it was no different, as the White House and Democrats blasted the ruling as "judicial activism."

"This ruling is out of the mainstream of judicial reasoning," said Sen. Dick Durbin (D-IL).  "I don't think it's likely to be upheld," as Durbin offered a poetic attack on this week's decision.

"If one robin doesn't make a spring, then one Florida judge doesn't make a repeal," he added.

Republicans see things much differently, arguing the original law is the item that's outside the mainstream, and deserving of more attention on the Senate floor.

"At this point, it would be a dereliction of duty if Republicans didn't fight for repeal," said Senate GOP Leader Mitch McConnell.

Tuesday afternoon, McConnell laid down the GOP health repeal plan as an amendment to an FAA authorization bill that was brought up by Democrats, using his rights under the Senate rules to offer amendments on any subject.

The move irked Democrats, who wanted to advertise the job-creation aspects of the FAA bill.

"The Republicans obviously want to do something on health care," said Senate Majority Leader Harry Reid, "and so we want to help them get this out of their system quickly."

In other words, Reid wants a fast vote on the repeal, so he can move on to other issues.

But by late Tuesday afternoon, there was still no agreement on when a vote should be held, a familiar story line to anyone who has ever dealt with the Senate.

"The Republicans in the House and now the Republicans in the Senate think that this is the single, most important high priority thing for them to do," Senator Durbin sniffed with Reid next to him.

Durbin will be chairing this morning's hearing on the health reform law, and whether it runs afoul of the Constitution.

There was evidently so much interest in today's hearing, that it was moved from the regular hearing room for the Senate Judiciary Committee, over to the largest committee room on the Senate side of the Capitol, as Republicans said they sensed things moving in their favor.

"The American people spoke loud and clear on November 2," said Sen. Saxby Chambliss (R-GA).

"We're going to demand an up or down vote, and now is as good a time as any," Chambliss added.