Skip to comments.High Court Ruling Will Provoke States to Nullify ObamaCare
Posted on 07/01/2012 6:35:21 PM PDT by ScottfromNJ
Despite Thursdays controversial Supreme Court ruling on ObamaCare, states retain the right and authority to nullify the healthcare law, and the state of Missouri, among many others, is undertaking efforts to do just that. According to Missouri legislators, regardless of the High Court's ruling, Missouri voters will maintain the opportunity to vote for or against the so-called Affordable Healthcare Act in November. And Missouri is not the only state seeking to circumvent ObamaCare.
Yahoo News reports, Several Republican governors, including both Jindal and McDonnell, have put off setting up the exchanges in the hope that the law will be repealed or struck down by the Court. Now that the court has issued a ruling in favor of the healthcare law, however, Jindal continues to contend that he will not be complying with the law.
States may also fall in line with Louisiana and Missouri and nullify ObamaCare. In the 1798 Kentucky Resolutions, Thomas Jefferson wrote, Whensoever the general government assumes undelegated powers a nullification of the act is the rightful remedy.
The Tenth Amendment Center indicates that the states have a number of methods by which they may nullify a law, including through state law, a statement amendment, or a voters' referendum.
The Nullification Project notes:
After todays Supreme Court ruling on "Obamacare," it remains clear that the people cannot rely on the high court to uphold the principles enshrined in the Constitution. In such cases, the Founders, particularly Thomas Jefferson, have provided We the People and the States, a final check on the power of the three branches of the federal government: Nullification.
And states should not fear the consequences of nullification. As per Thursdays Supreme Court ruling, Congress is not permitted to penalize states that refuse to implement ObamaCare. In the majority decision, Chief Justice Roberts stated, What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding."
Well I see this as a chance for States to finally stand up to the Federal Government or fail.
If the States fail, then it is a chance for the voters to stand up to Federal Government! If that fails.
If that fails, welcome to Greece!
So by reducing Medicaide states can negate ObamaCare?
Delicious irony-— the Commies got their ObamaScam Healthcare (for now) but the states legally don’t have to enforce it. FUBHO, and your lil henchmen too.
I hope this doesn’t get out.
The passion that has been stirred is great!
I hope RUSH et al don’t digest what happened until after the election.
Get Roberts!!! BOO!!!!
The "uninsured" could eventually become the elderly, handicapped and "others" who cannot work or afford to pay the mandate/tax/penalty/fine....right?
Medicare Catastrophic Coverage Act of 1988. Leftists in Congress passed a change to Medicare that for most seniors was going to add little or no benefit but increase the cost of Medicare for everyone. When seniors realized what was really in the law they rose up and demanded the law be repealed.
At one point a group of irate seasoned citizens chased Dan Rostenkowski, Chairman of the House Ways and Means Committee, to his car and surrounded it and rocked it until the police had to come rescue him. Not long after that Congress repealed the crummy law.
The protest was lead by Democrat Jan Rep. Jan Schakowsky, the houses most progressive member.
How about a Constitutional Convention?
There’s a whole lot of things they can fix. It takes 34 states to convene and 38 to ratify if I am not mistaken.
“the Commies got their ObamaScam Healthcare (for now) but the states legally dont have to enforce it. FUBHO, and your lil henchmen too.”
I’m thinking it will be fun to watch pelosi stroke out when this happens-—tooo bad she won’t have the death panel monitoring congress’s most excellent health care.
And, our IDIOT GOVERNOR is going to take US to RUIN...as the poster child for Obama care and Medicaid expansion...OREGON, of course.
Who has a list of anti-Obamacare states available?
I think so far its Texas, Wisconsin, Louisiana and Florida?
zerocare is a tax item, enforced by the IRS, so like SATAN before God about JOB, claiming no responsability, the zero administration claims the Congress passed a tax bill that is now law.
Like Sociol Security ... they SAY you can opt out ... but just try ... etc.
I would rather choose my own battles than to have a sneak attack.
... then it is a chance for the voters to stand up to Federal Government!..
What, though, if its not he who votes that counts but rather he who counts the votes?
How about a Constitutional Convention?I'd be terrified to let anyone from this generation anywhere near a Constitutional Convention.
Theres a whole lot of things they can fix. It takes 34 states to convene and 38 to ratify if I am not mistaken.
Isn’t Virginia in there, too? It won’t take many large states to undermine the whole, and Florida and Virginia classify as “large”. Look out for Texas.
No, Robert’s decision was strictly political! Really a shame for the Supreme Court. He can not expect changes in the future to protect the Constitution.
Unless he expects an uprising to result of this, how can you expect that he really understands the results of his decision?
He made this because he wants to be politically acceptable to the liberal left - really unfortunate I’d say. It will be short lived I hope.
To survive, we need to revamp Social Security and Medicare or we are doom anyway - without this extra albatross.
We as a country are doomed to financial failure with this law! Nice as it might seem to provide all with great Health Insurance, it is a financial disaster!
“Who has a list of anti-Obamacare states available?”
I don’t have a list but there’s 22 states with Republican controlled governments, “governor and legislature”.
Maybe you’ve missed the idea that this was a Court decision, not a vote by the people!
Do you NOT understand that this is a Republic, NOT a Democracy! We elect those that are suppose to uphold both the law and the Constitution. When our Representatives and the courts ignore the Constitution, what is left to do?
Now if you think that the Supreme Court is the “law of the land” regardless of what the people think, then yes you are right.
But if you think that our Republic can be compromised by government - Congress, Executive, or the Courts, and you think you can do nothing about it - you are wrong!
Counting the votes usually is a Democracy action. In the case of Obamacare, democracy had no play. After all, if they actually took a vote, it would have been defeated by the US at large. Unfortunately, we had a Democratic Congress that had no problems using unseemly methods to pass this law regardless of the popular vote - so just who wins in this type of Democracy?
They used both bribes (just our Congress at work) and false methods to get this bill passed. Maybe you should consider searching the internet about just how this bill passed before worrying about Democracy!
Why on Earth are people missing this? It doesn’t matter. If the States don’t, then the Feds have the right, pursuant to the law, to come in and set it up and the States can’t stop it. This is utterly misguided. We are stuck with it for now so I’d rather have the States run it.
People need to read and stop listening to pundits.
I agree with you. The Supremacy clause give the Feds this power. When Congress “moves into an area” overwhelmingly - the state laws are irrelevant. This is one of the reasons Wallace was wrong when he stood in front of that door. Whether we like it or not - this 2500 page monstrosity fits the description of “overwhelming” by every examination I’ve seen.
The limits Roberts put on Medicare funding are really irrelevant to the discussion.
This part of the cost of living in a Federal system where the other balancing clauses such as the commerce clause have become overly broad giving the Federal government license to move into every aspect of our lives.
I’m thinking Constitutional Convention is the only legal course now. States trying to nullify Federal law is what started the Civil War!