ATLANTA, December 12, 2013 – Today, four Georgia State
representatives announced they would be introducing legislation to block
Obamacare in their state.
Following the
lead of South Carolina, where lawmakers are fast-tracking House Bill 3101 in
2014, the bill would, as Judge Andrew Napolitano said on Fox News
this week, “gut Obamacare” in the state.
Based on the
Tenth Amendment Center’s four-step plan to nullify Obamacare on a
state-level, the legislation would ban state participation, assistance, or any
material support for the Affordable Care Act.
State
representative Jason Spencer (R-Woodbine) along with three other
representatives will be holding a press conference on Monday, Dec. 16 to
discuss the proposal.
“The bill’s
main thrust is to prohibit state agencies, officers and employees of the state
from implementing any provisions of the Affordable Care Act, leaving
implementation entirely in the hands of the federal government, which lacks the
resources or personnel to carry out the programs it mandates,” said Rep.
Spencer in a press release.
Based on the
long-standing legal principle, the anti-commandeering doctrine, the legislation
is on strong legal grounds. In four major cases from 1842 to 2012, the Supreme
Court has consistently held that the federal government cannot “commandeer”
states, requiring them to enforce or expend resources to participate in federal
law or regulatory programs.
Napolitano
noted that the plan was not only legal, it would be highly effective. “If
enough states do this, it will gut Obamacare because the federal government doesn’t
have the resources…to go into each of the states if they start refusing.”
Tenth Amendment
Center (TAC) national communications director Mike Maharrey suggested that a
large-scale effort would be coming in 2014. “Kudos goes out to all the people
in South Carolina who have worked the past year to get things this far.
And kudos to Jason Spencer for stepping up to support their effort. Our
contacts here at the Center tell us to expect at least ten other states
considering similar legislation in 2014, but it’s going to require people
getting on the phone with their state reps and senators to make that happen.”
Maharrey said
that TAC’s state-plan to nullify Obamacare includes four key parts. The main
part, as bills in South Carolina and Georgia are proposing, would ban the state
from enforcing or providing material support for the enforcement of the
Affordable Care Act. The plan also includes a rejection of the Medicaid
expansion, steps to reduce the impact and enforcement of the mandate tax, and
press for an ongoing challenge to the taxes themselves.
“Each piece
might seem like a small piece of thread,” said Maharrey. “But when you tie all
kinds of threads together you have a strong piece of rope. By refusing to
comply in multiple states and various areas, we’re going to pull the rug right
out from under Obamacare.”
http://tenthamendmentcenter.com/obamacareGA
[http://r20.rs6.net/tn.jsp?f=0012m-fbWmgcQ9lmTaoY1bzF1JdAuiRWsH47O6OxeUsGzwFI1R9Nv42E
HB 707 The Georgia Health Care Freedom
and ACA Noncompliance Act." Based
on the 10th Amendment of the Constitution, Georgia has the right to
nullify unconstitutional federal law. The Georgia Legislature has deemed the
Affordable Care Act (ACA) unconstitutional and stands in disagreement with the
U.S. Supreme Court. It prohibits State
employees from assisting to implement ACA, assisting with health insurance
exchanges and prohibits home visitation. http://www.legis.ga.gov/Legislation/20132014/137330.pdf
Norb
Leahy Dunwoody GA Tea Party Leader
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