A handful of conservative and/or Republican commenters persist in the error of believing that nullification is a valid legal theory. It is not, and those who doubt it would do well to read the unanimous decision of the U.S. Supreme Court in the case of COOPER v. AARON, 358 U.S. 1 (1958). A couple of key quotes from the case:
In short, the constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by this Court in the Brown case can neither be nullified openly and directly by state legislators or state executive or judicial officers, nor nullified indirectly by them through evasive schemes for segregation whether attempted "ingeniously or ingenuously."The court then goes on to issue a warning:
No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it. Chief Justice Marshall spoke for a unanimous Court in saying that: "If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery . . .It was therefore appropriate for Senator McEachin to cite COOPER v. AARON in his statement, and Governor McDonnell would do well to take note of this case. When Governor McDonnell flirts with nullification he flirts with "violating his undertaking to support" the U.S. Constitution. If Governor McDonnell intends to oppose the U.S. Constitution, then he should have the courage to state his opposition openly, not by pandering to the extremist elements of the Republican Party, and not by winking at the laws he is bound by solemn oath to uphold.