Quote:
Originally Posted by Boreas
I wish Don would chime in on his but I'm pretty damn sure I'm right on this. No state law can violate the US Constitution. If that weren't so, the former Confederate States could have retained slavery after the 13th Amendment was ratified.
If SCOTUS bounces all or part of the Affordable Care Act no state can enact a law which replicates any of the stricken provisions.
John
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Right. Any opponents of a given provision would use the SCOTUS precedent to argue legality.....not exactly a constitutional amendment or written law, but at that rate, it might as well be......unfortunately. This is what some of us decry as "legislating from the bench"....or at least they do when someone else does it.
I agree.