"These are political moves," said Wake Forest University law professor Mark Hall, an analyst on health care policy who thinks that challenging the federal law through legislation is a bad idea. "The Constitution couldn't be clearer that the federal law is the supreme law of the land. The only question is whether the federal law is valid."
"The idea of giving states an option would be politically appealing," he said. "One advantage of bringing this to Congress is if you get congressional blessing, you might get federal funding for it. Rather than waiting for Congress to devise these measures, I see some advantage to the states getting together themselves and presenting a package sort of ideas to get approval and funding."