On Thursday the Washington Times posted an article about a law making its way through the South Carolina legislature. The South Carolina House of Representatives passed a law to make President Obama’s Patient Protection and Affordable Care Act (ObamaCare) “null and void,” and criminalize its implementation.
The article reports:
The state’s Freedom of Health Care Protection Act intends 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.”
Governor Nikki Haley stated:
“To that end, we will not pursue the type of government-run health exchanges being forced on us by Washington. Despite the rose-colored rhetoric coming out of D.C., these exchanges are nothing more than a way to make the state do the federal government’s bidding in spending massive amounts of taxpayer dollars on insurance subsidies that we can’t afford.”
The bill went to the South Carolina Senate on Thursday and has been moved to the Committee on Finance. This could be the making of a states’ rights Supreme Court case or simply a major Constitutional crisis. Any legal challenges to this law would be related to the Tenth Amendment of the U. S. Constitution.
The Tenth Amendment states:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Stay tuned, this could get very interesting.