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Here’s what needs to happen first to give them more cover:

Obamacare Ruled Unconstitutional, But Fight for Repeal Must Continue February 1, 2011
http://www.rushlimbaugh.com/home/daily/site_020111/content/01125106.guest.html

“...So right now Obama’s staff is saying we’re not gonna comply with the federal court’s ruling, which is not unprecedented. They did the same thing during the drilling moratorium in the Gulf. You had another judge there who said, “This ruling’s unconstitutional.” They said, screw it, we’re just gonna keep the moratorium in place, and went out and got a bunch of people to make a statement about it and put their signatures to a lie about the dangers involved.

So how should this be dealt with legally now? Any one of the states involved in a litigation, any one of those 26 states has standing to go back to the court and ask the court to enforce its decision and to ask the court to hold the administration in contempt should it continue to defy the court’s order.

That is the legal option that any of the states, any of those attorney generals have in those 26 states. In fact, if I were an AG for a state, if I were an attorney general, I would take that news article with that quote, this is ABC: “Noting that the judge did not order the government to stop implementing the law, a senior administration source said ‘implementation will proceed at pace.’” I would take that ABC story and this passage and go back to court today with a draft contempt order, and I would ask the court to hold an immediate hearing to determine whether the Obama administration is going to comply with the rule or not. ..”

Some states aren’t waiting, however:

Officials won’t implement health care law (Florida returns loot, Wisconsin pulls the plug)
Bradenton ^ | 2/02/11 | JANET ZINK By JANET ZINK - Herald/Times Tallahassee Bureau Updated: Wednesday, Feb. 02, 2011
http://www.freerepublic.com/focus/news/2667204/posts