The St. Louis Business Journal reports:
Voters overwhelmingly approved Proposition C at Tuesday’s election, but it will likely be overturned in court, law and health-care experts say.
Proposition C creates a law banning the government from forcing Missourians to buy health insurance under the federal health-care overhaul [HR 3590] starting in 2014.
“The Constitution clearly states that a federal law trumps a state law when they come into direct conflict,” said Richard Reuben, a professor at the University of Missouri School of Law in Columbia. “The core of Proposition C, which is the opt-out provision, appears to be in direct conflict with the new federal statute.”
Constitutional scholar Randy Barnett agrees. Here’s Barnett on the Fox Business Channel’s Freedom Watch commenting on Thomas Woods’ new book, Nullification:
(Original video on YouTube, full segment, chopped version)
Barnett concludes a blog post on the States’ ability to nullify federal law: