The state assembly in Virginia voted Thursday to nullify any health-insurance individual mandate that may be included in a health-care “reform” bill to be passed in the future by the U.S. Congress. Nullification means that the state will reject the law, meaning in theory that Virginia residents will not be required to purchase or be fined/taxed/penalized if they do not purchase health insurance under such a reform plan.
Similar bills have been introduced in several states across the country. The effort has been spearheaded in part by the American Legislative Exchange Council, which created a template bill called the “Freedom of Choice in Health Care Act.”
Nullification is tricky, however. The federal government doesn’t typically like the states challenging its authority (legitimate or not). Forget any notion of constitutional federalism; that went out years ago.