A bill to ban creation of a state insurance exchange under the Affordable Health Care Act was passed by the Oklahoma State Senate on this month by a 30-8 vote.
SB1994 was introduced by Sen. Nathan Dahm (R-33) and Rep. John Echols (R-90) on Feb. 3. The bill would ban the state from participating in health care exchanges, a significant portion of the Obamacare law. SB1994 has been moved to the House where it will have to concur with the Senate’s decision before the bill can be signed into law.
The bill also states that “neither the State of Oklahoma nor any agency or political subdivision thereof shall apply for or receive any grants from any Federal agency, nor perform any acts or functions, for purposes of the provisions of the Patient Protection and Affordable Care Act of 2010.” It would also allow for the Attorney General to bring legal action against any person or entity causing harm under the ACA.
The bill creates impediments to the implementation of Obamacare and lays the foundation for further action to nullify the ACA in Oklahoma. The large number of states refusing to set up an exchange has already created problems for the feds. The widespread problems with the Obamacare website would have likely been avoided had each state set up its own exchange as intended.
The next step would be a bill prohibiting any state cooperation with implementation of the ACA and then move forward with the other steps in the Tenth Amendment Center’s four-step plan to nullify Obamacare, Fox News Senior Judicial Analyst Judge Andrew Napolitano noted that such actions were not just legal, but 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,” he said.
Based on the long-standing principle known as 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.
If SB1994 is passed, Oklahoma residents will be well on their way toward being protected from Obamacare. However, they won’t be fully safeguarded until our more comprehensive four-step plan is in full effect. That means that there is still much work that needs to be done to save the state’s health freedom from federal intrusion.
For Oklahoma: To help SB1994 through the legislature, click HERE. (NOTE: Could not find action page for SB1994)
For Other States: To help fight Obamacare in your state, click HERE.
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