The bill is titled the “South Carolina Freedom of Health Care Protection Act,” and was passed the state House of Representatives last April by a 65-34 vote.
The Daily Caller reported that the bill now heads to the South Carolina State Senate that is controlled by Republicans, is 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.
The legislation summary reads:
“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.”
South Carolina’s Republican State Sen. Tom Davis, sponsor of the bill told the Daily Caller, “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.”
“This provision, Davis told the Daily Caller, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.”
“Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.”
Making matters worse, David said a few hours ago, “IRS says volunteer firefighters are "employees," and thus subject to the Obamacare mandate. This is an assault on the voluntary associations that Alexis de Tocqueville identified as the chief strength of America back in the 1830s, and must not be allowed to stand. Statists despise what what Edmund Burke called "little platoons," that is, the local groups and organizations that provide our lives with structure. They vex Leviathan.”
“Note to intellectually lazy and incurious statists – the word "nullification" does not appear one time in this piece, nor will it appear in the legislation I will introduce and argue in the State Senate in January, so get some new talking points.”
Will other states follow suit? No one is sure but with the multiple lawsuits, and millions of consumers losing their present health care insurance, South Carolina’s House bill may set the tone for other states to follow suit under state’s rights.