Last month, the Virginia State Senate sent a (political) message to Washington with its committee approval of a bill to block any federal law that would force Americans to purchase a health insurance plan.
Now lawmakers in 35 other states around the country have introduced proposals to block a potential federal mandate, reported the Associated Press and ABC News.
Many of these proposals are from Republicans, who have been steadfast in their effort to kill health care and health reform entirely. But the public seems to agree with reform’s critics, as most recent polls have shown that a majority do not support an overhaul.
As we’ve written before, many state lawmakers are also questioning the constitutionality of a federal health insurance mandate; even naming their measures against a mandate the “Freedom of Choice in Health Care Act.”
Still, constitutional experts believe a mandate would actually be legal — and enforceable.
“[These state proposals] are merely symbolic gestures. If this Congress were to pass an individual mandate, and if it is constitutional — which I believe it is — the express rule under the supremacy clause is that the federal law prevails,” said Michael Dorf, a Cornell University constitutional law professor.