Legitimate or not, I think the States' attempts to nullify the health care act should be viewed entirely from the perspective of a tactical operation on the way to a strategic goal, which is, ultimately, to get the health care bill rescinded in its entirety. The way to get there is to galvanize people across the country. You've got to get them to the point, in the words of Howard Beale, where they are "mad as hell and not going to take this any longer" -- while giving them the guidance of an alternative so their rage is not inarticulately dissipated.
If the States try to pull out of the Health Care Bill and then the Feds start going after people, even if it's got no Constitutional merit you want that, because you want to create actions that expose and provoke thuggery by the Feds. Frankly, I don't give a damn if it's undeserved some of the time. I want to publicize the living hell out of every instance of a Fed arresting Joe Shmo for refusing to cooperate. I want cops in our faces on the evening news. I want to do human interest stories and blogs and opeds and LTEs on the new Reich in DC and what it's doing to people. This is a game of pure psyops.
You push them to thuggish actions and then demonize them in every possible way by taking advantage of their own weakness: their lust for power and their lust to exercise that power. I'd push to do more than have the States tell the Feds they will "opt out". I'd push the Feds to come into each state to arrest people. If I had a sympathetic governor or four, I'd line up state troopers against federal marshals to protect state residents. I'd call out the national guard to oppose the Feds for pure publicity photos. I'd attempt to have governors order the Feds out of their state and to evict them from federal buildings. I'd organize demonstrations of those who publicly announce their refusal to participate in socialized health care as a condition of U.S. citizenship, or to pay the fines as punishment for not obeying. I'd take out ads with lists of names. I'd organize strikes by doctors and push the feds to order them back to work (they will, count on it). I'd push them to arrest doctors and piss off their patients and everyone else.
The upshot: I would be absolutely merciless in antagonizing the Feds and poking them in the chest over and over again, while exhorting my own followers to be like Gandhi and never do anything violent. We want the Feds to do that, first, if it happens, but even if they don't, we win, cause they are the ones swaggering around with the guns.
The challenge is to provoke the Feds now: The long delay in implementing the health care bill was not just to help insulate Democrats from election consequences or to pacify people with the Chinese water torture of slow death. It was to prevent precisely the kind of things I'm advocating. The Fed's don't lose face if they don't have to arrest anyone right now. So the States attempting a nullification right now is one way. We need other non-violent ways that clearly force the Feds to act right now to preserve their authority. Attempting to boot the Feds out of a state is another way. Totally without constitutional basis, but so what? Provoke them. Make them the outsiders, the interlopers, the bullys and thugs. Everyone hates a bully.
Along the way, don't be surprised by a lot of dissension within the Feds, themselves. A lot of them won't like what they are being ordered to do. Certainly a lot of the cops and military. What would be the publicity value of some Feds changing sides? Or revealing to the press what they are being ordered to do? Or resigning their commissions? Or just going AWOL? If you get that gravy, you milk it for all it's worth.
The more angry everyone gets, the merrier. But we've got to have ways to get them that angry (and keep them from doing anything stupid). Everyone has got to fully grasp and feel their rights are being trampled on and their system of government is being sold down the river into a gulag. We have to pick political fights and force the Feds to take actions and make statements that piss people off enough that when the bastards are voted out of office there's enough votes and enough justification for the spineless lying politicians who will climb out of the woodwork to ride this bandwagon to discern that it's to their advantage to ensure their future political career into perpetuity by voting for a one-line bill that says simply: "the Health Care Act of 2010 is rescinded."
You have to orchestrate events to lead up to that, and I would make sure politicians campaign on *exactly* that formulation, as the first act they will take up in the new session of Congress in January 2011. A real simple contract with America. Have the Tea Partiers announce they'll vote for any politician who will vote on that. Bring those politicians out of the woodwork.
I might also be tempted to add a contract to make their second bill "Congress shall not be exempted from any law that the American public is subject to", but they will carve out exemptions for themselves over time, and we don't want to be amending the Constitution right now, nor diluting the force of the main act. Keep the objective focused, keep it simple, and it might work.