Home > Federal Power, Obamacare, States Rights > In 2014 the South Dakota legislature should follow Obama’s example and nullify parts of Obamacare

In 2014 the South Dakota legislature should follow Obama’s example and nullify parts of Obamacare

November 27, 2013

nohcgovA couple of week ago I took a look at the actual text of the Affordable Care Act (ACA) to determine where Obama got the authority to unilaterally ‘fix’ people losing their existing health insurance coverage. Of course there is no portion of ACA that allows the President to change the law; and there also happens to be no place in the Constitution that allows this either. Essentially the move is asking state insurance regulators to ignore the law because the Obama administration simply won’t enforce it for the next year. A portion of me is angered that the President would once again openly ignore rule of law in favor of gaining political points. But a bigger portion of me is glad Obama took this approach because it shows states what they can and should do moving forward: nullification!

Earlier this week South Dakota took a first step when the State Insurance Director Meirle Scheiber released this statement:

“The South Dakota Division of Insurance will allow healthcare insurers the flexibility to extend current plans in 2014. The decision came down to protecting South Dakotans who would have lost their health insurance coverage through no fault of their own, even though the federal government is only allowing this flexibility for an additional year.”

Technically it is not legal for Scheiber to make this move. Yet it gives the South Dakota legislature a good starting point for making this temporary ‘fix’ a permanent solution. Our legislators should have the LRC draft up a law that would permanently allow carriers in South Dakota to sell plans that were in existence before 2014. This legislative fix would codify the action taken by Obama. It would also be a nullification victory for those of us that believe in the 10th Amendment. And most important it would also be a victory in the battle to reduce the impact of Obamacare on the economy.

It is almost certain the Obama administration would oppose such an action and the law’s constitutionality would be questioned in federal court. That is a good thing! States need to be more proactive in keeping the power of the federal government in check. Similar nullification laws could be  created for other parts of federal law that are in dispute. Instead of trying to nullify the all of Obamacare it may be easier to get smaller portions nullified.

Unfortunately since Reid went nuclear with the filibuster it is quite likely the federal courts are going to be filled with judges sympathetic to a large federal government. But the fact that this route will be hard and may potentially fail should not prevent the South Dakota legislature from trying. The alternative of doing nothing about an overreaching federal government certainly isn’t going to work any better.

  1. November 29, 2013 at 12:41 am

    Fat chance of that happening. Have you seen my presentation of all the anti-ObamaCare legislation the SD legislature (carrying water for the Executive branch) had killed? Good bills killed because the Governors Blue badges blew on them and they tipped over….

    • Ken Santema
      November 29, 2013 at 3:28 pm

      No, I haven’t seen your presentation yet. Always wrong time in the wrong place. I might be in Rapid to see your presentation then.

      I don’t think 2014 will be any different. I just hope we can use the non-action of our executive and legislative branches as a topic in the 2014 election. Honestly that could propel your campaign in the primary process.

  2. December 30, 2013 at 9:46 pm

    There is a new article on nullification up on http://revisedhistory.wordpress.com

  1. November 27, 2013 at 3:45 pm
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