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Three and Counting: Another State Considers Obamacare Nullification


Since the Supreme Court rendered its opinion on the constitutionality of a mandatory federal health care system last summer, many Americans consider the matter settled. But others recognize that despite the pronouncement of five robed federal employees, the Constitution still does not delegate Congress the power to create and run a health care system for all 300-plus million Americans.

And while many Republicans hope electoral change in November will put the kibosh on Obamacare, others at the state level refuse to put their faith in D.C. politicians to fix a problem D.C. politicians created in the first place.  With Mitt Romney’s promise to “repeal and replace” with who-knows-what, and Republican House leadership indicating they lack the political will to defund the monstrosity, the ranks of those looking to block implementation of the Patient Protection and Affordable Care Act at the state level continue to swell.

Maine became the latest state considering nullification of Obamacare with the announcement that Rep. Aaron Libby (R-North Waterboro) will sponsor a bill in the 2013 legislative session declaring the PPACA unconstitutional and void in the Pine Tree State. If passed, the bill would set the stage for blocking implementation of the mandatory federal health care system in Maine, using language similar to model legislation drafted by the Tenth Amendment Center.

It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” within the limits of this State.

“Obamacare is an unconstitutional encroachment on the rights of the people of the states. While healthcare legislation may be well-intentioned, the feds are hardly effective managers of services. This is why the framers of the Constitution did not enumerate this kind of power to them,” Maine Tenth Amendment Center state chapter coordinator Chris Dixon said. “Maine understands this and is not afraid to stand up for what is right. We did it leading opposition to Bush’s REAL ID Act. We did it standing up against federal prohibition of medical marijuana for those who need it. And we’ll do it to protect Mainers’ rights to make their own health care decisions.”

Libby will appear on TRX – Tenther Radio Wednesday, Oct. 17, at 9 p.m. EST to discuss the legislation.

Maine joins two other states already committed to efforts nullifying Obamacare in the 2013 state legislative session. Rep. Allison Littell McHose introduced A861 in the New Jersey legislature in January, and it will carry over into the coming year.

“Americans were always misguided to trust the good intentions of the unelected Court – the Court being the fail-safe of the establishment,” McHose said after the SCOTUS ruling last June.

The Tenth Amendment Center has also confirmed the Oklahoma legislature will consider a similar bill for 2013. Rep. Mike Ritze (R-Broken Arrow) plans to reintroduce a bill to nullify the federal health care legislation.

“I disagree with the Supreme Court’s ruling and believe that state governments were intended to serve as a check on the federal government,” Ritze said. “The Patient Protection and Affordable Care Act, which is better known as ObamaCare, is an example of federal overreach, and my legislation will authorize the state to resist it and ban the enforcement of it.”

Sources close to the Tenth Amendment Center indicate that up to twelve other states will likely consider similar legislation in the coming year.

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