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Idaho House spikes federal nullification bill

The Idaho House has halted a proposal that would have allowed state lawmakers to nullify any federal laws, regulations or U.S. Supreme Court decisions.

The House voted 40-29 on Monday to spike HB 461.

Rep. Paul Shepherd, a Republican from Riggins, says his bill is needed because he disagrees with the outcomes of recent prominent federal court cases. Shepherd pointed to the U.S. Supreme Court decision to legalize gay marriage as an example of a case Idaho should challenge.

Several members countered the bill was likely an active obstruction of federal law and would not hold up in court.

The bill would have allowed lawmakers to claim any federal law or regulation as unconstitutional. If the Legislature then passed a bill supporting that lawmaker’s claim, the state wouldn’t be allowed to enforce the federal regulation.

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