Tuesday, March 23, 2010

Don't repeal/litigate, nullify/interpose!

Well, they've gone and screwed it up -- 14 state attorneys general have filed lawsuits against ObamaCare.

If the states really want to beat ObamaCare, litigation isn't the way to go about it. Nullification/interposition is.

In litigation, the parties accept that the courts have jurisdiction over this or that issue, and walk away with whatever the courts give them. The Supreme Court of the United States, (including its "conservative" members in cases like Raich v. Gonzales) has already ruled that the Interstate Commerce Clause can mean pretty much anything Congress wants it to mean. Litigating ObamaCare is a dead-end road.

In nullification, the state governments say "we've determined -- for ourselves, we don't need any of you black-robed ninnies to do it for us -- that this piece of legislation is unconstitutional on its face, and we're not going to stand for it, at least within our own borders. Injunction? You can shove your injunction up your ass. If you attempt to come here to enforce it, our National Guard will do the shoving for you. Complimentary. No charge."

It's time for a good old-fashioned constitutional crisis. Look where avoiding such crises has gotten us.

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