By Elise Viebeck - 07/02/12 03:16 PM EDT
Republican lawmakers are asking governors to support the repeal of President Obama's healthcare reform law by refusing to implement its provisions.
Sen. Jim DeMint (R-S.C.) and Rep. Michele Bachmann (R-Minn.) are leading the group, which focused on the law's state insurance exchanges in a letter released Monday.
On June 28, the Supreme Court declared the vast majority of the Affordable Care Act constitutional, in a major blow to the law's conservative critics.
Many Republicans now say their last big chance to defeat "ObamaCare" is by taking the Senate and the White House for their party in November and then repealing the law. Lawmakers though fear that undoing the law will be more difficult if governors begin implementing its provisions.
"Implementation of this law is not inevitable and without the unconstitutional individual mandate it is improbable," the GOP lawmakers wrote.
In its decision, the court did give states the ability to opt out of the law's Medicaid expansion without facing a penalty.
This sets up a crucial decision for every governor, who, in declining the expansion, would be refusing large sums of money from the federal government.
Several states, including Florida, have said they will do just that.
The GOP lawmakers did not mention these choices in their letter.
"Do we allow this reprehensible law to move forward or do we fully repeal it and start over with common-sense solutions? The American people have made it clear that they want us to throw this law out in its entirety," the lawmakers wrote.
Twelve senators and 61 representatives co-signed the letter, according to a release.
Meanwhile, in a separate letter, Rep. Marcia Fudge (D-Ohio) urged Ohio Gov. John Kasich (R) to implement the law's Medicaid expansion.
"Not only is this a matter of providing needed health services for the people of Ohio, it is also a matter of economic sustainability," she wrote.