In case you missed it a week or so back, here’s an item from Mario Loyola on whether the states should set up Obamacare exchanges:
States Should Absolutely Refuse to Set Up Obamacare Exchanges
Proponents of Obamacare are making one argument that some conservatives may find appealing — namely that it is much better, from a states’ rights point of view, to set up state-based exchanges than to let the feds come in and do it themselves. This argument is absolutely wrong. Allowing your states to be deputized as instruments of federal policy is just as bad as bowing to federal commandeering of state agencies, which is unconstitutional. [. . .]
State governors should be under no illusions: You are not preserving one iota of state autonomy by setting up your own Obamacare exchange. On the contrary, you are letting the feds deputize you as instruments of federal policy. Let the feds set up the exchanges themselves; they can pay for them and be accountable for the results. That will impose a real limit on federal power, and provide leverage for rolling back some of Obamacare. In the meantime the message of state governments to the Department of Health and Human Services should be an absolute and unequivocal “NO.”
Read the rest. See also Wesley Smith, author of NR’s Human Exceptionalism blog and Corner contributor, who concurs:
After an appalling and incoherent Supreme Court ruling and the recent election, it does seem now that utter legal non cooperation is the only way remaining to impede the Leviathan. Here’s another suggestion: Senate Republicans should filibuster confirmation of the soon-to-be-nominated members of the Independent Payment Advisory Board. No board, no IPAB autocracy. Of course, the president might then make a non-recess recess appointment, but that opens any action taken by IPAB to legal attack.
So, stalwart Obamacare opponents, time for some good old fashioned passive resistance. Go limp.