South Carolina legislators a few days ago introduced legislation to eliminate Obamacare in their state under SC State House bill H 3101 and now Georgia is looking to follow South Carolina’s lead in nullifying Obamacare, the Washington Times reported on Thursday.
Georgia State Republican Representative Jason Spencer (HD-180; Woodbine) and several other legislators will meet to discuss two bills that will be introduced in the upcoming 2014 legislative season, the Washington Times said.
“The bill’s main thrust is to prohibit state agencies, officers and employees of the state from implementing any provisions of the Affordable Care Act, leaving implementation entirely in the hands of the federal government, which lacks the resources or personnel to carry out the programs it mandates,” R. Spencer told the Washington Times.
Spender stated that the bill’s bite is rooted is anti-commandeering doctrine.
He said that this doctrine, which has been established by the United States Supreme Court (Printz v. United States), dictates that the federal government cannot force state legislatures to enforce federal laws.
In the Printz v. United States case, the case centered on whether or not states have to follow the federal government law in doing background checks. The suit asked whether or not the mandatory obligation imposed on the States by the interim provisions of the Act, commanding state and local officers to perform background checks on prospective handgun buyers and to perform certain other related tasks, violates the Constitution.
In the Printz v. United States case judgment, the court said, “The Federal Government may not compel the CLEOs to perform background checks on prospective gun buyers and to perform certain other related tasks as required by the interim provisions of the Act.”
“It is unconstitutional for the federal government to directly compel states to enforce federal regulatory programs.”
Spencer also plans to ask Georgia’s Attorney General or a special counsel to file a lawsuit on behalf of the citizens of Georgia in federal court to overturn NFIB vs. Sibelius (Obamacare).