South Carolina May Nullify Obamacare

BILL COULD BE FIRST OF ITS KIND IN NATION

by Sharon Rondeau

South Carolina is one of the 13 original colonies and may be the first to nullify the Affordable Care Act known as “Obamacare”

(Dec. 10, 2013) — The South Carolina Senate plans to vote on a bill, H3101, which would declare Obamacare null and void in that state.

The bill is titled the “South Carolina Freedom of Health Care Protection Act” and was passed by the House of Representatives in May.  While the upper chamber took up the bill in June, it failed to pass before the session was adjourned for the year.

Public meetings were held throughout the fall by members of the Senate, and the bill is slated to be voted on next month as a top priority when the legislature reconvenes.

The Tenth Amendment Center has established a tracking center for Obamacare indicating those states which have taken some type of action to neutralize the federal bill which has cost millions of Americans health plans purchased on the individual market.  As of Tuesday, the map reveals that in addition to South Carolina, the state of Oklahoma has passed a similar proposal in at least one chamber of its legislature.

The Tenth Amendment to the Bill of Rights states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

Measures to nullify Obamacare have been respectively introduced in nine other states.

Following the U.S. Supreme Court ruling in late June of last year, 16 states plus the District of Columbia chose to establish their own health care exchanges, leaving 34 states which opted out of the state exchanges and Medicaid expansion.  The Supreme Court ruled that states could not be “coerced” into establishing health care marketplaces or expanding Medicaid against their wishes.

The text of the bill to be voted on by the South Carolina Senate includes the provisions that “No agency of the State, officer or employee of this State, acting on behalf of the state, may engage in an activity that aids any agency in the enforcement of those provisions of the Patient Protection and Affordable Care Act of 2010 and any subsequent federal act that amends the Patient Protection and Affordable Care Act of 2010 that exceed the authority of the United States Constitution” and

“(B) The General Assembly of the State of South Carolina is empowered to take all necessary actions to ensure that the provisions of subsection (A) are adhered to by all agencies, departments, and political subdivisions of the State.”

A Facebook page with the goal of nullifying the bill in South Carolina asks residents of the Palmetto State to “work together for common cause and liberty for all of us.”

 

 

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