BOOM: Georgia’s House Just Voted to Nullify Obamacare
At the state level, governments are doing everything they can to undermine the law through the courts and through legislation. We’ve already seen attempts by Missouri and South Carolina to “nullify,” which, in a broad sense, means to undermine federal law.
Now, the state of Georgia is attempting to use the same legislative strategy that these other states are employing to keep Obamacare from being enforced in the state.
The legal basis for these attempts is what’s known as the anti-commandeering doctrine, which is a constitutional doctrine articulated by the Supreme Court in Printz and Mack vs. United States that simply states that Congress cannot commandeer states’ resources, agencies, and other state actors in the enforcement of federal law.
These laws make this explicit by prohibiting state officials from carrying out Obamacare in any way, shape or form. This would effectively gut the law by making its implementation in the state impossible.
The bill, H.B. 707 passed with an overwhelming 115-59 majority and travels now to the State Senate, where a solid Republican majority should be able to pass the bill.
The legislation effectively nullifies ObamaCare by stopping state and local officials from assisting in the law’s implementation in any way. This would stop Medicaid expansion in the state, stop the health insurance exchange, and would make it very difficult for the Obama Administration to force Georgians into the one-size-fits-all federal program.
Freedomworks President Matt Kibbe had this to say about the bill’s passage:
“The passage of this ObamaCare nullification bill would not have been successful without the relentless efforts of grassroots activists across Georgia. They’re the ones that insisted their legislators listen and pass this bill. If and when the bill passes the State Senate, Georgia will be a model for other states who want to effectively push back against the federal health care takeover.”
This is great news. States are using all available legal resources, including important legal doctrines like the anti-commandeering doctrine that spring from principles of federalism, to fight back against federal overreach. We need other states to follow the example of South Carolina, Missouri, and now Georgia to stop Obamacare dead in its tracks before it ushers in more developed forms of socialism.
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