South Carolina is gearing up to become the first state to nullify Obamacare. A new bill, known as House Bill 3101, has already passed the state House of Representatives and is gearing up for fast-track passage in the South Carolina Senate. If the bill is made into law, South Carolina would become the first state to exempt all citizens and businesses from any participation in the Affordable Care Act.
“It will essentially have five components to it, all of which, in my judgment, are legal, effective, and within the state’s power to do,” said state Sen. Tom Davis, the primary sponsor of the bill. States are not merely political subdivisions of the federal government, to carry out what the federal government does; they are sovereign entities. “Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.”
The main aspect of the bill will leave any implementation of Obamacare within South Carolina entirely in the hands of the federal government. In other words, state agencies, officers and employees would be prohibited from implementing any provisions of the Affordable Care Act. Davis said he believes leaving implementation to the federal government will wipe out Obamacare out in the state because they lack resources and staff to enforce the program on a state-by-state basis.
Because the South Carolina Senate is primarily composed of Republicans, it’s likely that the bill will quickly pass and then be signed into law by Gov. Nikki Haley. Haley herself has been an open critic of Obamacare.