Obamacare Showdown: Missouri Bill to Gut Obamacare, Ban Penalties, Ban Healthcare Exchange;

Special Thanks to IrritatedWoman™ @irritatedwoman for the heads up

If enough states act, we are on the way to a constitutional showdown over Obamacare. The Washington Times reports Missouri bill would gut Obamacare

  Next month, the Missouri Senate will consider a bill which would  effectively cripple the implementation of the Affordable Care Act within  the state.

Following the lead of South Carolina, where lawmakers are fast-tracking  House Bill 3101 in 2014, and Georgia, where HB707 was recently  introduced by Rep. Jason Spencer, Missouri State Senator John T. Lamping  (R-24) pre-filed Senate Bill 546 (SB546) to update the Health Care  Freedom Act passed by Missouri voters in 2010. It passed that year with  more than 70% support.

SB546 would ban Missouri from taking any action that would “compel,  directly or indirectly, any person, employer, or health care provider to  participate in any health care system.” That means the state would be  banned by law from operating a health care exchange for the federal  government.

Tmandate penalties those  subsidies trigger.

Following significant portions of the Tenth Amendment Center’s four-step  plan to nullify Obamacare on a state-level, Fox News Senior Judicial  Analyst Judge Andrew Napolitano noted that such actions were not just  legal, but effective.

“he said.

Tenth Amendment Center national communications director Mike Maharrey  suggested that a large-scale effort against the Act would be coming.  “Our sources tell us to expect at least ten states moving in this  direction in the coming months. But that will only come true if people  start calling their state representatives and senators right now. State  lawmakers need to know they should introduce bills to ban the state from  participating in any Obamacare programs.”

Nullify Obamacare

Inquiring minds are investigating the Nullify Obamacare website for further information.

INTRODUCTION

States have always held the prerogative of whether or not they will  enforce or participate in federal acts or regulatory programs.  This  legislative package seeks to ban the state from enforcing or assisting  in the enforcement of the federal Patient Protection and Affordable Care  Act of 2010.  It also seeks to ban the State, along with all its  political subdivisions, from operating or participating in the operation  of a health care exchange under the federal act.  It also provides for  penalties for violations of the act.

FOUR STEPS

Step 1: Ban State Enforcement, Participation and Material Support

Step 2: Reject Medicaid Expansion

Step 3: Protect Residents from Mandates

Step 4: Challenge the IRS’s illegal ObamaCare taxes

LEGAL BASIS

The “approach is on sound legal footing” -Mercer University law professor David Oedel, part of the legal team  that represented Georgia in its court challenge to Obamacare

There is a long-standing legal tradition which supports the choice of  the State to determine whether or not they will participate in a federal  act.

James Madison, writing in Federalist #46, recommended state responses to  “unwarrantable” (unconstitutional) or merely “unpopular” federal acts  which included “a refusal to cooperate with officers of the Union.”

Sis the legal principle that states are not  required to help the federal government enforce federal acts or  regulatory programs.

The cases are as follows:

* 1842 Prigg: The Court held that states were not required to enforce federal slavery laws.

* 1992 New York: The Court held that Congress could not require states to enact specified waste disposal regulations.

* 1997 Printz: The Court held that “the federal government may not  compel the states to enact or administer a federal regulatory program.” * 2012 Sebelius: The Court held that states could not be required to  expand Medicaid even under the threat of losing federal funding.

Anti-commandeering is virtually undisputed by legal experts from both the left and right.

EFFECT

A number of states following this plan will “gut Obamacare.” -Judge Andrew Napolitano on Fox News, 12-10-13

For more details on each of the steps, please see Model Legislation: Nullify Obamacare in 4 Steps

How Would Obama Respond?

Regardless of the constitutionality of this action by states, how could Obama act in response?

I suppose Democrats could cut off various state funding. But that would  take a Democratic controlled Congress (and its pretty safe to assume  that’s not going to happen).

Would the Federal government setup health exchanges in states? With what funding?

This could get interesting if even three states nullify Obamacare, and allegedly 10 states are considering such action.

Mike  “Mish”  Shedlock
http://globaleconomicanalysis.blogspot.com