Reuters follows the lead of the New York Times, and others, who have been giving the 10th Amendment movement some fair reporting and coverage of late. Here’s the latest:

As the Congress once again rallies to pass healthcare reform legislation, momentum is growing in many states to pass laws to block the changes — a move that could lead to a legal battle over states’ sovereignty.

Bills and resolutions have been introduced in at least 36 state legislatures seeking to limit or oppose various aspects of the reform plan through laws or state constitutional amendments, according to the National Conference of State Legislatures.

“There’s going to be a big free-for-all lawsuit about this,” said Michael Bird, legislative counsel for the NCSL.

And, they quoted both Professor Rob Natelson and myself:

Robert Natelson, a constitutional law professor at the University of Montana School of Law, said it would be easier for states to argue for standing to file a lawsuit that claims the federal government has overstepped its constitutional powers.

“The legal question is, Does this health care bill exceed the federal government’s powers or it is invalid for other reasons?” he said.

Michael Boldin, founder of the Tenth Amendment Center, a think-tank on the relationships of the states and federal government, pointed to previous state movements to nullify federal laws in areas such as medical marijuana and Real ID, a federal standard for driving licenses. In the case of marijuana, Boldin said 14 states allow its use for medical purposes despite a prohibition in federal law that has been upheld by the U.S. Supreme Court.

A similar situation may arise with healthcare reform, where there could be mass noncompliance with the law without any real consequences, Boldin said.

Read the whole article.

Michael Boldin

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