This is a couple of days old, but the Florida Supreme Court on Tuesday invalidated a proposed Florida ballot initiative that would have made it illegal for any Florida resident to be required to purchase health insurance. The court did so for reasons having nothing to do with the ACA or the Constitution, but because the langauge of the initiative was "misleading and ambiguous," and thus invalid as a matter of Florida law.
You will recall that Missouri voters approved a similar initiative last month (71 to 29 percent!). And it was a similar provision enacted by the Virginia legislature that essentially led the District Court to conclude, in Virginia v. Sebelius, that Virginia has standing to challenge the constitutionality of the minimum coverage requirement. Arizona, Oklahoma, and Colorado will have similar initiatives on the ballot in November.
This all could lead to some catchy slogans.
"Nullification fever . . . catch it!"
Or, to paraphrase his purpleness: "Two thousand zero zero party over, oops out of time/tonight we're going to party like it's . . . 1832!"
