Forward Thinking

Can States Nullify Fed Law on Health? How 'bout Pot?

By J.J. Goldberg

  • Print
  • Share Share
getty images
Gov. Rick Scott (R-Fla.)

Florida’s Tea Party-backed Gov. Rick Scott announced that he will refuse to implement the Affordable Healthcare Act, despite President Barack Obama’s reelection. Refusing to set up a state exchange doesn’t necessarily matter that much, since the law empowers the federal government to set up an exchange for states that fail to do so on their own. But more than half the expanded coverage in the law is supposed to come from a federally-subsidized expansion of Medicaid. So if Scott refuses to permit his state’s Medicaid to be expanded despite the federal subsidy (the feds cover 100% of the cost of expansion through 2016, dropping to 90% by 2020 – not a big burden on the states), then the impact of the law is crippled.

Conservative groups are urging other governors to refuse.

This raises an interesting question. State nullification of federal law was supposed to have been settled by the Civil War, but it’s suddenly become a big issue again. And not just on the right. The legalization of marijuana in a growing (get it?) number of states is setting up a serious confrontation with Washington, which still classifies weed as a Class I illegal narcotic, right alongside heroin, and is still raiding growers even in states where they’re acting legally.

The governors in the states that just voted to legalize the weed, either for medical or whoopee purposes, are in a quandary, not wanting to violate the law. Several of them are reaching out to Attorney General Holder for advice on what to do. It gets pretty local, too – despite Massachusetts’ legalization vote, Harvard is unsure whether to permit the campus health service to prescribe it because it could lose a lot of federal aid.

Holder’s position seems pretty clear, unless he’s done some serious rethinking since Tuesday. The feds have been raiding legal medical marijuana growers, despite a 2009 decision not to interfere with the states on the matter. Federal prosecutors in Oregon filed legal action against a major legal grower with two separate properties on Wednesday, the day after the election. And one legal grower in Montana was convicted on September 27, nine days before Election Day, on narcotics and related firearms charges that could bring him up to 80 years in prison.


Permalink | | Share | Email | Print | Filed under: Obamacare, Oregon, Nullification, Montana, Medical Marijuana, Medicaid, Harvard, Massachusetts, Affordable Healthcare Act, Attorney General Eric Holder, Florida, Governor Rick Scott

The Jewish Daily Forward welcomes reader comments in order to promote thoughtful discussion on issues of importance to the Jewish community. In the interest of maintaining a civil forum, The Jewish Daily Forwardrequires that all commenters be appropriately respectful toward our writers, other commenters and the subjects of the articles. Vigorous debate and reasoned critique are welcome; name-calling and personal invective are not. While we generally do not seek to edit or actively moderate comments, our spam filter prevents most links and certain key words from being posted and The Jewish Daily Forward reserves the right to remove comments for any reason.




Find us on Facebook!
  • This is what the rockets over Israel and Gaza look like from space:
  • "Israel should not let captives languish or corpses rot. It should do everything in its power to recover people and bodies. Jewish law places a premium on pidyon shvuyim, “the redemption of captives,” and proper burial. But not when the price will lead to more death and more kidnappings." Do you agree?
  • Slate.com's Allison Benedikt wrote that Taglit-Birthright Israel is partly to blame for the death of American IDF volunteer Max Steinberg. This is why she's wrong:
  • Israeli soldiers want you to buy them socks. And snacks. And backpacks. And underwear. And pizza. So claim dozens of fundraising campaigns launched by American Jewish and Israeli charities since the start of the current wave of crisis and conflict in Israel and Gaza.
  • The sign reads: “Dogs are allowed in this establishment but Zionists are not under any circumstances.”
  • Is Twitter Israel's new worst enemy?
  • More than 50 former Israeli soldiers have refused to serve in the current ground operation in #Gaza.
  • "My wife and I are both half-Jewish. Both of us very much felt and feel American first and Jewish second. We are currently debating whether we should send our daughter to a Jewish pre-K and kindergarten program or to a public one. Pros? Give her a Jewish community and identity that she could build on throughout her life. Cons? Costs a lot of money; She will enter school with the idea that being Jewish makes her different somehow instead of something that you do after or in addition to regular school. Maybe a Shabbat sing-along would be enough?"
  • Undeterred by the conflict, 24 Jews participated in the first ever Jewish National Fund— JDate singles trip to Israel. Translation: Jews age 30 to 45 travelled to Israel to get it on in the sun, with a side of hummus.
  • "It pains and shocks me to say this, but here goes: My father was right all along. He always told me, as I spouted liberal talking points at the Shabbos table and challenged his hawkish views on Israel and the Palestinians to his unending chagrin, that I would one day change my tune." Have you had a similar experience?
  • "'What’s this, mommy?' she asked, while pulling at the purple sleeve to unwrap this mysterious little gift mom keeps hidden in the inside pocket of her bag. Oh boy, how do I answer?"
  • "I fear that we are witnessing the end of politics in the Israeli-Palestinian conflict. I see no possibility for resolution right now. I look into the future and see only a void." What do you think?
  • Not a gazillionaire? Take the "poor door."
  • "We will do what we must to protect our people. We have that right. We are not less deserving of life and quiet than anyone else. No more apologies."
  • "Woody Allen should have quit while he was ahead." Ezra Glinter's review of "Magic in the Moonlight": http://jd.fo/f4Q1Q
  • from-cache

Would you like to receive updates about new stories?




















We will not share your e-mail address or other personal information.

Already subscribed? Manage your subscription.