Forward Thinking

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

By J.J. Goldberg

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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.

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VA, FL Close But Leaning Dem; CO OKs Weed

By J.J. Goldberg

Chuck Todd on MSNBC is saying Virginia and Florida are too close to call but look likely to go for Obama, because the counties still outstanding are generally Democratic-leaning. The call in Ohio by the networks was for the same reason, as Michael Barone explained rather patiently to Karl Rove on air at Fox: the outstanding votes are mostly in overwhelmingly Democratic counties - and in Democratic precincts within those counties, as Barone explained.

An MSNBC reporter at Romney HQ reports that Romney had prepared an acceptance speech but no concession speech. Nobody from the campaign is around to answer questions. If the margin is close, they will go to provisional ballots, which won’t be counted until the end of the month.

Colorado and Washington both approved ballot measures legalizing the possession of small amounts of marijuana. Not medical marijuana - happy weed. That could set up a conflict with the incoming Obama administration. Up to now his Justice Department has opposed California’s medical marijuana law, which effectively nullifies federal drug laws. Tho without much conviction. Recreational use might change the equation and set up a real constitutional confrontation.

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