by Mike Maharrey, TenthAmendmentCenter.com:
A bill that bans the state of Georgia from participating in significant portions of the Affordable Care Act (ACA) unanimously passed an important senate committee today.
Introduced by Rep. Jason Spencer, HB707 pushes back against the ACA in five ways and would create serious impediments to the implementation of Obamacare in Georgia. It passed the House 115-59 on March 3, and then sailed through the Senate Insurance and Labor Committee 6-0 today. If the full senate concurs with the house it will go to the Governor’s desk for a signature.
This provision stands on solid legal ground under the anti-commandeering doctrine. It rests primarily on four SCOTUS cases: Prigg v. Pennsylvania (1842), New York v. US (1992), Printz v. US (1997) and National Federation of Businesses v. Sebelius. (2012) The Printz case serves the cornerstone. Writing for the majority, Justice Scalia asserted that commandeering is incompatible would the constitutional system.
“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
HB707 is scheduled for a vote in the full senate next week.
In Georgia: Take steps to support HB707 HERE.
Other States: Contact your state legislators today – urge them to introduce similar legislation. Model bills and contact info HERE.