Adam Freedman · June 14, 2012 at 8:22pm

I don't know how else to describe states like Alabama and Arizona, which joined the lawsuit against ObamaCare but are also collaborating with the administration by setting up the state exchanges needed to implement the law.

As Michael Cannon at Cato explains, there is absolutely no reason for the states' haste to implement a law they have declared unconstitutional. The notion that states are under a "tight deadline" to implement the exchanges (repeated by WaPo in the article linked to above) is a canard. According to Cannon, "There are no deadlines. HHS has said that if states decline to create exchanges, they can change their minds later."  And the supposed threat that the feds will come in and create the exchanges for the states is pure bluster: Obamacare appropriates zero funds for federal exchanges and HHS has admitted it doesn’t have the money.

Cato has a good video about why states should refuse to implement the exchanges.  Even if the court upholds the law (or if it strikes down only the individual mandate), the states can effectively kill ObamaCare.

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