The fight to nullify Obamacare in South Carolina continues with a bill introduced in the state House by Rep. Bill Chumley earlier today. Over the last two years, Chumley, along with Sen. Tom Davis, led a bold effort to reject the federal act in the state. Chumley’s 2013 bill, H.3101, and Davis’ amendment to it, garnered national attention, but ultimately was not given a full vote in the state legislature due to a parliamentary technicality. But Chumley is back for round two, and his new bill starts from a powerful position. Based on the Davis amendment to H.3101, which had widespread support in the Senate, it would be a significant blow to implementation of Obamacare in the state. Some call it a “nullification in practice.” Called the “ACA Anti-Commandeering Act,” House Bill 3020 (H. 3020) addresses large areas of Obamacare and bans state participation or enforcement. The legislation prohibits the state from implementing or participating in the “establishment of a health insurance exchange,” or expanding Medicaid under the federal act. It also prohibits the state from taking actions to “assist in the enrollment of any person” in an exchange. H.3020 also specifically targets the individual and the employer mandates. It prohibits the state from enforcing or even aiding in the enforcement of either section. This includes an express prohibition on the use of any “assets, state funds or funds authorized or allocated by the state to any public body… to engage in any activity that aids in the enforcement of any federal act, law, order, rule, or regulation intended to give effect to or facilitate the enforcement” of these mandates, or “any other portion of the ACA.” Judge Andrew Napolitano has said that this action taken by a number of states would “gut Obamacare.” James Madison, writing in Federalist #46, said that such a “refusal to cooperate with officers of the Union” would create effective roadblocks to stop implementation of federal acts. blog.tenthamendmentcenter/2014/12/nullification-in-practice-new-south-carolina-bill-would-gut-obamacare-in-the-state/
Posted on: Mon, 15 Dec 2014 14:00:00 +0000