Government Watch

South Carolina Voting On Bill to End Obamacare in State

SCfrom The Daily Caller – by Bruce Parker – 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.

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.”

Additional provisions of H3101 further neuter the Affordable Care Act by outlawing state exchanges, issuing tax deductions to individuals equal to the tax penalties levied by the federal government, and directing the state attorney general to sue over whimsical enforcement of the law. Taken together, the provisions effectively repeal the federal law for the people of South Carolina.

Davis adds that lawmakers in Columbia are considering two additional provisions: one that outlaws Medicaid expansion, and another that suspends the licenses of insurers who receive federal subsidies under the Affordable Care Act.

Given the sizable majority of Republicans in the South Carolina Senate — along with moderate Democrats who may support the bill out of fear of voter wrath — H3101 is likely to pass in short order and be signed into law by Gov. Nikki Haley, who has led the Palmetto State’s resistance against nationalized health care.

With just a month to go before the fireworks begin, political forces on the left and right are gathering for battle. On one side are local activists, including the Greenville, Myrtle Beach and Laurens County Tea Party groups, which are mobilizing the grass roots to meet at the Capitol in January to support the bill.

On the other side are opponents of H3101, whose main efforts consist of calling lawmakers racists and questioning the authority of states to oppose federal laws. Such attacks are likely to ring hollow in light of the dozens of state and local governments that have recently rejected federal marijuana laws, the Real ID Act, provisions of National Defense Authorization Act, federal gun control, and even U.S. immigration law. State and local governments governed from both sides of the political spectrum are increasingly flexing their Tenth Amendment muscles against perceived federal overreach.

With the federal health law’s popularity plummeting nationwide, Obamacare supporters have reason to be concerned. If South Carolina’s Freedom of Health Care Protection Act becomes law, the bill could go viral and spread to other states.

If You Enjoy Articles Like This - Subscribe to the AMAC Daily Newsletter!

Sign Up Today
Notify of
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Rosemarie Neri
6 years ago

Good for South Carolina! If everyone stands up against all his mandates we can overcome the destruction of this wonderful country. Make sure there is no third term. Make sure to vote in 2014 That is when he could lose a lot of power. Do your homework and we will never have such a destructive leader of America again. It was no secret what his agenda was before the first election. You can’t drink the Kool Aid. Don’t back down because they use the Race Card. There are many fine black men that would be a good President. Dr Ben… Read more »

6 years ago

Well given the fact that Harry Reid has obstructed a vote on any legislation that he and Obama deem “inappropriate” or counter to the grand progressive agenda being shoved down our throats, could someone from AMAC please explain why this bill will actually get voted on in the Democrat controlled Senate. I would have to image that this bill, along with all the other pro-Constitutional, pro-growth, pro-individual freedom bills that have been sent to the Senate from the House, will meet the exact same fate. It’s wonderful that AMAC is keeping everyone apprised of the various pieces of legislation being… Read more »

victor cantrell
6 years ago

I am glad that someone is trying to stop this job killer. Obama is trying to tear down America, with his rev. wright teachings. he is not for the good of America, our rights, our freedom, and our liberty. we are loosing our rights and they want to call us a racist, because we don’t want to agree with what they want. what happened to individual thinking, why is that bad. all I know is when you deal the someone that is pulling something over on you they try under handed ways to get you to do what they want… Read more »

6 years ago

This is certainly a step in the right direction against the Obama Care and I hope other states follow suit. But does South Carolina address the need for basic affordable health care for its citizens beyond the expensive and overcrowded Emergency rooms utilized at taxpayer expense?

6 years ago

Can’t wait for Texas to follow in South Carolina’s path!

6 years ago

Obama was set on a destructive path long ago (judging from who his mentors were, their ideologies and what he has already done). He is not that smart to plan all this out, because he is not a leader and never has been, he’s a follower. His persona is an illusion and has been manufactured and built up to be great. Great men don’t stand up and deceive and lie to achieve their way and then evade responsibility for the resulting calamities. He’s winging it and I think really the whole scheme and climax is unbeknownst to him. He is… Read more »

6 years ago

State governments should have the option to remove the federal government’s hold over forced insurance. No where in the free world is it appropriate for a federal government to dictate life to its citizens. South Carolina may be setting a precedent that will be followed by other states and stop Obamacare. The federal government under this administration has improperly handled power for its egotistically based agenda. There is no forethought, only abuse to reach personal goals. The administration must act in accordance with the will of the majority of its citizens. The United States cannot progress and strengthen its base… Read more »

6 years ago

Way to go South Carolina!

Mike Pappas
6 years ago

Way to go South Carolina! Finally a spark of sanity in this country, and some elected officials showing some nerve against the lying tyrants in Washington. Best of luck to them, and SC looking like a great retirement haven.

6 years ago

I hope South Carolina passes the bill and I hope it is the sign of things to come to finally end the federal governments over reach and abuse of power.

Would love your thoughts, please comment.x