Finally, with a little bit of fire on their backsides, the states have found a rallying point for the 10th amendment: Obamacare. Since the passage of the bill in the House on Sunday night, 14 states have filed a joint lawsuit against the federal government over this new legislation. Those states are Florida, Alabama, Colorado, Idaho, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington. Virginia has filed a seperate suit.
One thing though that I feel needs to pointed out and properly framed is what type of action this is. This is not necessarily nullification. Nullification comes not from the executive of the states but from legislative acts. Therefore we could see, once this case reaches the Supreme Court, some constitutional jujitsu that fallaciously declares this new bill constitutional giving them a political excuse to quiet down. Sadly, many states being stuck to the teet of the federal dollar means they are in an akward position to challege a SCOTUS decision. And since nearly everyone in mainstream politics completely accepts judicial review, the Court is unlikely to be challenged.
While these lawsuits are not nullification, there are some examples of it presently in action. Shown at the Tenth Amendment Center is a map of of states with proposed nullification legislation as well the bills’ progress. As for the law suit, I urge YAL members in any of the 14 states listed above to call their Attorney Generals’ offices to support this action. While you have that phone in your hand, why not call your legislature to? The more ways we can challenge this leglisation, the better chance we have at seeing it repealed or nullified.