A bill set for fast-track passage in the South Carolina Senate in January aims to eliminate Obamacare in the state. The law could become a model for other states fed up with the federal health-care law.
House Bill 3101, titled the “South Carolina Freedom of Health Care Protection Act,” passed the state House of Representatives last April by a 65-34 vote. The bill now heads to the GOP-controlled Senate with special-order priority, setting up the likelihood that South Carolina will become the first state to exempt citizens and businesses from all participation in the Affordable Care Act.
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| SC State Sen. Tom Davis |
State Sen. Tom Davis, the bill’s sponsor who recently wrapped up study committee hearings for H3101 in Columbia, Charleston and other cities, says that the proposed legislation renders the Affordable Care Act void or inoperable through a handful of provisions.
“It will essentially have five components to it, all of which in my judgment are legal, effective, and within the state’s power to do,” Davis, a Republican from Beaufort, said in an interview.
The bill’s main component prohibits agencies, officers and employees of the state of South Carolina from implementing any provisions of the Affordable Care Act, leaving implementation of the national health-care law entirely in the hands of a federal government that lacks the resources or personnel to carry out the programs it mandates.
This provision, according to Davis, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.
“What the Supreme Court said in Printz v. United States is that states are not merely political subdivisions of the federal government to carry out what the federal government does; they are sovereign entities,” Davis said. “Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.”Read the rest of the story HERE and view a related video below:
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4 comments:
My word, don't people get bored, or is this how state legislators make their $?
*How many times* do we have to be subjected to these stupid and futile attempts (in many areas of policy) where states *try* to usurp certain laws, only for the thing to just boringly get prolonged until it gets to a lower court and blown out.
Same thing with voter ID. 99 times out of 100, state legislators think they're all tough, but they are just vanity ornaments until a court throws (there essentially delaying trick) out.
Same deal hear- OBCare will be happening.
End of subject.
Good for them.
States are the ones who are SUPPOSED to take care of the citizens, not a one size fits all federal gov't. Rebellion against a bad, bad law can come from states. Besides, states aren't allowed to enforce their own borders, so why should they they be responsible for enforcing a bad law?
AZ
Kudos to South Carolina governor Nikki Haley for leading the charge to stop ObamaCare. Should greatly enhance her chances of being on the GOP's presidential ticket in 2016, which were pretty damn good already.
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