When it comes to standing up to the Feds, most governors are all talk and no action.

Earlier this week, the Supreme Court struck down strict laws regulating abortion clinics in the state of Texas. According to the New York Times, the High Court ” found that Texas’ restrictions — requiring doctors to have admitting privileges at nearby hospitals and clinics to meet the standards of ambulatory surgical centers — violated Casey’s prohibition on placing an ‘undue burden’ on the ability to obtain an abortion.”

No matter what you may think of abortion, federal courts do not have any legitimate constitutional authority to meddle in state regulations. This role rightly belongs to the states and the people of those states.

Long-time TAC friend Dwayne Stovall of a Texas organization called “Get Off My State” put together a letter addressed to Congress, the Supreme Court and the president, and implored Texas Gov. Greg Abbott to release it publicly, The letter made it clear the state of Texas was no longer going to put up with federal interference in its internal policies, saying the “time has come to address the almost half-century of unconstitutional overreach by the federal judiciary into the issue of abortion in the states.”

Of course, Abbott almost certainly won’t release such a letter.

Stovall said he was tired of governors plating lip-service to state sovereignty and their failure to stand up to the feds in any substantive way.

“Most all governors say, ‘I’ll fight unconstitutional acts,’ which translates to, ‘I’ll file a useless lawsuit, but do exactly as I’m told.'”

Of course, lawsuits almost always fail to limit federal power. We recently witnessed a glaring example of  just how well federal courts protect our rights in the most recent opinion on the Second Amendment handed down by the 9th Circuit Court of Appeals in San Francisco. In a 7-4 decision, the court declared no constitutional right to carry a concealed firearm exists.

“Filing a federal lawsuit in federal court in the hopes that federal judges will side with you against the federal government does not qualify as standing strong against federal programs,” Tenth Amendment Center founder and executive director Michael Boldin said.


Mike Maharrey

The 10th Amendment

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