University of Idaho constitutional scholar David Adler, testifying at the health-care nullification hearing, said the bill "from a constitutional standpoint really has some serious flaws." He said, "It would flip the Constitution on its head." Adler told lawmakers, "Since the dawn of the Republic, the Supreme Court has consistently held, without exception, that states do not have the authority to declare federal law null and void."

House State Affairs Chairman Tom Loertscher, R-Iona, told Adler it's a "dilemma" to him that a federal judge in Florida has declared the health-care reform law unconstitutional, but the state still is being asked to comply with it. Adler noted that two federal judges have ruled in favor of the bill and two against, and the case is headed for the Supreme Court. "I commend the state for pursuing this matter in the courts," Adler said. "I think that's entirely the appropriate way to proceed."

The message that lawmakers want to send with HB 117 could better be addressed with a non-binding legislative memorial, Adler said. "This Legislature can make its point as effectively and as efficiently if it were to engage in the passage of a memorial," he said. "That would be as effective as passing this bill. Because the state has no authority to nullify federal law, that means that this bill is as weightless as any other exercise of the Legislature which is beyond its constitutional authority."