Well, not really. After saying several times last week that Minnesota might mount a Tenth Amendment legal challenge to federal efforts to reform health care, Governor Bridgefail said yesterday on ABC’s This Week that he was only kidding. But he did say that he was preserving the political argument about federalism.
Several commentators such as Jack Balkin, the Almanac panel last Friday night, and even Spot have pointed out what a laugher Bridgefail’s legal argument was. Now he’s just trying the save face.
But by owning the “political argument,” he still wants to hang on to the cachet of the “states’ rights” argument, so near and dear to the Republican constituency in the South. As was pointed out earlier at the first link above, “states’ rights” is a dog whistle argument against federal civil rights law.