August 16, 2022

South Carolina About to Nullify Obamacare

Would you believe that there is one state out of fifty that has the fortitude to exercise their Tenth Amendment rights?

South Carolina Republicans are on the verge of passing a bill that would completely nullify every aspect of the Affordable Care Act in their state.  Known as H3101, the bills purpose states:


“A bill to amend the Code of Laws of South Carolina, 1976, so as to enact the ‘South Carolina Freedom of Health Care Protection Act’ by adding Article 21 to Chapter 71, Title 38 so as to render null and void certain unconstitutional laws enacted by the Congress of the United States taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty; to prohibit certain individuals from enforcing or attempting to enforce such unconstitutional laws; and to establish criminal penalties and civil liability for violating this article.”


In effect, H3101 prohibits any and all agents, officials or employees of the state of South Carolina from implementing any provision that is part of Obamacare.  It also allows for the issuing of a state tax deduction equal to the tax penalty enacted by the IRS and makes the state exchanges illegal.  They are also considering two additional provisions that would make the Medicare expansion illegal and the suspension of state insurance licenses of any insurer that received federal subsidies through Obamacare.

The bill passed the South Carolina House in April by a 65-34 vote.  The bill has now gone to the Republican controlled Senate with a special-order priority.  They are expected to easily pass the bill, sending it to the desk of South Carolina’s Republican Governor Nikki Haley.  From everything I’ve heard, Haley will most likely sign the bill into law as soon as possible, making South Carolina to take such drastic action to stop the implementation and enforcement of Obamacare in their state.

State Sen. Tom Davis (R-Beaufort) commented:


“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.”


Defending the bill, Davis said that it is based upon the anti-commandeering doctrine that was established in case law that stated that the federal government cannot force a state to enforce federal laws.  He explained:


“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.  Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.”


It’s about time a state does the right thing in standing up to the federal government and exercising their Tenth Amendment rights to state sovereignty.  Our Founding Fathers knew the dangers of a growing federal government and purposely wrote the Tenth Amendment to protect the states’ rights to sovereignly govern themselves, free of federal hindrance.

Now if only more states would follow South Carolina’s example and enact their own anti-Obamacare legislation, more Americans would be spared the financial devastation created by the Affordable Care Act.  Unfortunately, Kentucky’s Democratic Governor Steve Beshear is so pro-Obama that if the president stopped suddenly we might actually lose sight of Beshear.