While some people leave their hopes in the hands of unelected, unaccountable, politically-connected lawyers that make up the federal judiciary, lawmakers in eleven states have taken steps to bypass Washington D.C. completely and take matters into their own hands.

The latest? South Dakota. Introduced by Representatives Hubbel, Jensen, Liss, and Nelson (Stace) and Senators Begalkaand Lederman is House Bill 1165 (HB1165), the National Health Care Nullification Act. (h/t Chris Stevens)

It states, in part:

The Legislature find that the Patient Protection and Affordable Care Act (H.R. 3590; Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) is not authorized by the United States Constitution and violates the true meaning and intent of the United States Constitution, and further finds that such law is invalid in this state, may not be recognized by this state, is specifically rejected by this state, and is considered null and void and of no effect in this state

The bill also establishes penalties, including fines and jail time, for any agent seeking to enforce the federal health care bill within the state’s borders:

No official, agent, or employee of the United States government nor any employee of any entity providing services to the United States government may enforce or attempt to enforce the Patient Protection and Affordable Care Act (H.R. 3590; Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) or any order, statute, rule, or regulation of the United States government established in connection with that Act. A violation of this section is a Class 5 felony

State legislators in Maine, Montana, Idaho, North Dakota, Nebraska, New Hampshire, Oklahoma, Oregon, Texas and Wyoming have already introduced similar bills.

In 2007, 2 years after the Bush administration and the republican congress gave us the unconstitutional Real ID act, states like Maine and New Hampshire began the process of passing resolutions and laws rejecting the federal law. Now, nearly 25 states have gotten on board with the nullification efforts led by democrats and the ACLU – and the result? The law is virtually null and void in most of the country.

Today, less than a year after the Affordable care act – already 7 states have passed Health Care Freedom Acts, rejecting the mandates in the federal law. Those states are focusing primarily on a strategy of trying to win in federal court to affirm their state laws.

But introduction of the nullification act in eleven states already (sources close to the Tenth Amendment Center tell us to expect a number of other states do the same this year) – indicate that there’s a growing segment of the population that is looking to exercise their rights in their states whether Congress or the federal courts want to give them permission to or not.

Will these bills go anywhere? Only time will tell. But, whether they do or not, there is much to be learned from the left-wing nullification efforts of the last few years and beyond. Whether it’s 25 states saying no to Real ID, or 15 states rejecting federal laws on marijuana – there’s a blueprint. When enough people say no to federal laws, and enough states back them up by passing laws to do the same – there’s not much that Washington D.C. can do about it.


CLICK HERE – to view the TAC’s Health Care Nullification Act legislative tracking page.

CLICK HERE – to view the full text of TAC’s model legislation – the Federal Health Care Nullification Act. Please send it to your state reps and senators for introduction in your state today!

Michael Boldin

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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