Reporter Ann Shibler reported that some state lawmakers are considering ballot initiatives for 2010 that would allow them to opt out of President Obama's health care plan, if voters so choose. They believe the plan tramples states rights in possible violation of the Tenth Amendment, which is a limitation of powers applied by the federal government.
But Bender believes the plan would stand up to a court challenge. "It's hard to imagine Congress passing anything that would be plausibly challengeable under the Tenth Amendment, but it's certainly theoretically possible," he said.
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