Four and Counting: Another State to Consider Obamacare Nullification


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Since the Supreme Court rendered its opinion on the constitutionality of a mandatory federal health care system last summer, many Americans consider the matter settled. But others recognize that despite the pronouncement of five robed federal employees, the Constitution still does not delegate Congress the power to create and run a health care system for all 300-plus million Americans.

And while many Republicans hoped electoral change in November would put the kibosh on Obamacare, it didn’t. So others at the state level have been refusing to put their faith in D.C. politicians to fix a problem D.C. politicians created in the first place. With Republican House leadership indicating they lack the political will to defund the monstrosity, the ranks of those looking to block implementation of the Patient Protection and Affordable Care Act at the state level continue to swell.

South Carolina became the latest state considering nullification of Obamacare with the announcement that Rep. William Chumley will sponsor a bill in the 2013 legislative session declaring the PPACA unconstitutional and void in the State. If passed, the bill would set the stage for blocking implementation of the mandatory federal health care system in South Carolina, using language similar to model legislation drafted by the Tenth Amendment Center.

It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” within the limits of this State.

The bill will be filed in Columbia before the end of the year and will be voted on in the lame-duck session. When asked in a recent interview as to why he was filing this bill, Rep Chumley said that it is “because of federal over-reach. We are following the Constitution. It is the right thing to do.”

If passed, the South Carolina Freedom of Health Care Protection Act would authorize the state of South Carolina to stop anyone from enforcing or implementing Obamacare within the boundaries of that state.

South Carolina joins three other states already committed to efforts nullifying Obamacare in the 2013 state legislative session. Rep. Allison Littell McHose introduced A861 in the New Jersey legislature in January, and it will carry over into the coming year.

“Americans were always misguided to trust the good intentions of the unelected Court – the Court being the fail-safe of the establishment,” McHose said after the SCOTUS ruling last June.

The Tenth Amendment Center has also confirmed both the Oklahoma and Maine legislatures will consider a similar bill for 2013. Rep. Mike Ritze (R-Broken Arrow) plans to reintroduce a bill to nullify the federal health care legislation.

“I disagree with the Supreme Court’s ruling and believe that state governments were intended to serve as a check on the federal government,” Ritze said. “The Patient Protection and Affordable Care Act, which is better known as ObamaCare, is an example of federal overreach, and my legislation will authorize the state to resist it and ban the enforcement of it.”

Sources close to the Tenth Amendment Center indicate that up to twelve other states will likely consider similar legislation in the coming year.



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