South Carolina is on track to nullify parts of the ObamaCare legislation.
As reported by the Daily Caller, the bill before the state senate of the Palmetto State “renders the Affordable Care Act void or inoperable through a handful of provisions.”
The legislation — HB 3101 — passed the state House of Representatives on May 1 by a vote of 65-39. Upon its arrival in the Senate, the bill stalled due to the machinations of the chairman of the Senate Finance Committee, State Senator Hugh Leatherman.
One of Leatherman’s colleagues — State Senator Tom Davis — declared last May that “heads would roll” if the ObamaCare bill didn’t make it to the floor of the State Senate.
This legislative session, Davis remains determined to shepherd the Senate version of the bill through his chamber and onto the governor’s desk.
Republicans benefit from a 28-18 majority in the body, an advantage party leaders have already used to fast track consideration of the anti-ObamaCare bill.
Davis commented to the Daily Caller on the legality of the bill: “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,” he said in the interview.
Davis looks to the Supreme Court’s decision in Printz v. U.S. for support for his state’s rights position. Again, from the Daily Caller:
“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.”
The Daily Caller claims in its report on the bill that “taken together, the provisions effectively repeal the federal law for the people of South Carolina.” As it stands today, the language of the bill isn’t quite that strong, however.
Furthermore, although Davis’s sponsorship of the measure and the state House’s passage of its version are praiseworthy and appear to be positive moves toward resisting the tyranny of the federal government, the bill as passed by the House and being deliberated by the state Senate is markedly weaker than the bill as originally drafted.
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