Former Judge: South Carolina Outlawing Obamacare Could Be First of Many

December 23, 2013

South Carolina is poised to outlaw Obamacare in their state very soon. The bill has already soared through their House and the Senate is prepared to pass it next month.

Essentially, what the law would do is make it illegal for any of the state’s resources or personnel to implement any portion of Obamacare, including setting up a state health care exchange. Congress can pass all the laws it wants, but it cannot compel states to use their own money and manpower to execute them. If other states joined in, Obamacare would collapse because the federal government does not have the resources to go into every state to try and make up for the lack of state’s help.

While Georgia prepares for similar legislation, Judge Andrew Napolitano, the senior judicial and political adviser for Fox News, says that South Carolina will be a “test case.” 

NewsMax reports:

“South Carolina will present a test case: Will the feds come into South Carolina and set up their own exchange at their own expense?” Napolitano, senior judicial analyst for Fox News, told “The Steve Malzberg Show” on Newsmax TV.

“They could probably afford to do it in South Carolina, but if other states, like … New Jersey, were to do that, if [Gov.] Chris Christie had the fortitude, I don’t think the feds could afford it,” Napolitano added.

He said while South Carolina cannot stop its residents from signing up for Obamacare, it can prohibit its government employees from “cooperating with establishing or enforcing [the law].”

“If enough states did that, that would seriously gut the president’s ability to enforce Obamacare in the state,” Napolitano said.

He said South Carolina’s gamble is possible because the Supreme Court struck down a law ordering states to establish and pay for their own insurance exchanges.

“The Supreme Court said … if you want exchanges in the states, you, Congress, have to pay for them. So Congress basically said to the states, OK, you help us set this stuff up and we’ll pay for it,” Napolitano said.

“If the states refused to help the federal government set it up, the federal government simply does not, believe it or not, have the resources to set it up,” he said.

Here’s the video:

Obamacare is crashing and burning. South Carolina has a strategy that would mitigate the disaster, and while their tactic is constitutional, it is unprecedented; so, it will be interesting to see how it unfolds.

In the meantime, it is important to encourage other states to follow their lead and fight back. You can help by sharing this article with your friends, family, and state representatives.

Copyright Capitalism Institute, 2011-present.