By Robert Laurie ——Bio and Archives--December 10, 2013
American Politics, News | CFP Comments | Reader Friendly | Subscribe | Email Us
“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.”As Jay Carney likes to say, "It's settled law." The bill includes directives allowing the state’s Attorney General to bring legal action in the name of the State “Whenever the Attorney General has reasonable cause to believe that a person or business is being harmed by implementation of the Patient Protection and Affordable Care Act.“ It also outlaws state exchanges and authorizes tax deductions equivalent to the amount of any individually-incurred ObamaCare penalties. In short, while it's a long way from repeal, and it's not quite a nullification, it goes a long way to de-fang the Affordable Care Act. Although it struggled in June, six months of ObamaCare chaos will surely have made H3101 much more palatable now. Many expect it will pass and (given her anti-ObamaCare track record) be signed quickly by Governor Nikki Haley. Unfortunately, the White House just loves to flex its legal muscle, so the fight is unlikely to end there. After all, Obama and Holder have sued states over immigration law, voter ID laws, union card check schemes, and school vouchers. No one should expect them to sit back and suddenly acknowledge the existence of the Tenth Amendment – especially when that pesky Bill of Rights threatens to undermine the President’s “signature” boondoggle. Still, if South Carolina Republicans can pass this law and keep it on the books, they will have gone farther than any other state in their effort to undermine the ACA. They'll also have provided a blueprint which the other 49 states can follow. Here's hoping they can pull it off. This is one to watch.
View Comments
Robert Laurie’s column is distributed by HermanCain.com, which can be found at HermanCain.com
Be sure to “like” Robert Laurie over on Facebook and follow him on Twitter. You’ll be glad you did.