I'm pretty sure that there was a time when most felt it was unconstitutional for the Federal Government to force the States to buy anything.
Don't forget the waiver issue as well. The idea that one can require citizens to buy, yet set waivers for same is beyond constitutional muster as well.
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. ..”
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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
Re my post #25 above, here’s a good example of the sort of thing Rush and Mark Levin are saying should happen to the lawlwss Obama administration regarding Obamacare being ruled unconstitutional, and therefore null and void:
Judge Holds Obama’s Czar in Contempt Over Gulf Drilling Ban
http://abcnews.go.com/Business/wireStory?id=12827405
The federal judge who struck down the Obama administration’s moratorium on deepwater drilling after the Gulf oil spill held the Interior Department in contempt Wednesday, and ordered the federal agency to pay attorneys’ fees for several offshore oil companies.
U.S. District Judge Martin Feldman chided the department for its “dismissive conduct” after he overturned the agency’s decision to halt any new permits for deepwater projects and suspend drilling on 33 exploratory wells after the Deepwater Horizon blast, which killed 11 workers and triggered the massive spill.
After Feldman overturned the government’s moratorium in June, the agency issued a second nearly identical suspension.
“Such dismissive conduct, viewed in tandem with the reimposition of a second blanket and substantively identical moratorium and in light of the national importance of this case, provide this court with clear and convincing evidence of the government’s contempt of this court’s preliminary injunction order,” he wrote.
[snip]bttt