PPACA and Scotus

[whell]

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

I don't believe you're correct on this. The SCOTUS can certainly determine that the US Constitution lacks authority for the individual mandate. That would NOT invalidate a similar provision in the MA constitution that binds only individuals residing in MA.