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Conservatives Start to Ponder State Anti-Health Care Reform Lawsuits, Nullification

As a few state attorneys general talk about filing lawsuits if health care reform passes, I’m increasingly convinced that passage of the bill will spark some unprecedented challenges from states to the federal government. Much of the discussion centers on very specific lawsuits that challenge the deals made to help the bill pass. But what about states opting entirely out of the health care mandate? That, says Ludwig von Mises Institute scholar Tom Woods, author of the upcoming Regnery book “Nullification,” is unprecedented, but conceivable.

“The interesting question is whether there’s enough popular resistance in the states,” said Woods. “If states file legal challenges, who would they file them with? The federal courts! So, what’s the point of that? I wouldn’t even go to the legal level. From my point of view, nullification is the way to announce to the government that the citizens of a state are ready to engage in civil disobedience.”

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