South Carolina Is About To Pass A Bill To Nullify Obamacare

Tyler Durden's picture

Submitted by Michael Krieger of Liberty Blitzkrieg blog,

While we all know that the disaster that is Obamacare is extremely unpopular throughout the country, South Carolina is leading the charge to actually nullify the legislation. House Bill 3101 already passed the state House back in April by a wide margin, and is set to be voted on in the state Senate in January. It is widely expected to pass and then be signed into law by Governor Nikki Haley.

If that happens, it would set up a huge states rights victory and likely encourage other states to follow suit. It will be extremely interesting to see how the feds respond to this…

From the Daily Caller:

A bill set for fast-track passage in the South Carolina Senate in January aims to eliminate Obamacare in the state. The law could become a model for other states fed up with the federal health-care law.


House Bill 3101, titled the “South Carolina Freedom of Health Care Protection Act,” passed the state House of Representatives last April by a 65-34 vote. The bill now heads to the GOP-controlled Senate with special-order priority, setting up the likelihood that South Carolina will become the first state to exempt citizens and businesses from all participation in the Affordable Care Act.


The bill’s main component prohibits agencies, officers and employees of the state of South Carolina from implementing any provisions of the Affordable Care Act, leaving implementation of the national health-care law entirely in the hands of a federal government that lacks the resources or personnel to carry out the programs it mandates.


This provision, according to Davis, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.


Additional provisions of H3101 further neuter the Affordable Care Act by outlawing state exchanges, issuing tax deductions to individuals equal to the tax penalties levied by the federal government, and directing the state attorney general to sue over whimsical enforcement of the law. Taken together, the provisions effectively repeal the federal law for the people of South Carolina.


Given the sizable majority of Republicans in the South Carolina Senate — along with moderate Democrats who may support the bill out of fear of voter wrath — H3101 is likely to pass in short order and be signed into law by Gov. Nikki Haley, who has led the Palmetto State’s resistance against nationalized health care.


On the other side are opponents of H3101, whose main efforts consist of calling lawmakers racists and questioning the authority of states to oppose federal laws. Such attacks are likely to ring hollow in light of the dozens of state and local governments that have recently rejected federal marijuana laws, the Real ID Act, provisions of National Defense Authorization Act, federal gun control, and even U.S. immigration law. State and local governments governed from both sides of the political spectrum are increasingly flexing their Tenth Amendment muscles against perceived federal overreach.

Strong argument. Someone disagrees with you and all you can yell back is “racist!” Sad.

Full article here.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
So Close's picture

The states will be shown to have no rights.   The federal government is all powerful.

Boris Alatovkrap's picture

Sovereign right of individual state... hmmm, maybe is write document to protect such concept!

Skateboarder's picture

Wow, that's worlds away from Colorado's utopian Brosurance and Slutsurance.

Sonic the porcupine's picture

Fox news, a bunch of warmongering statists. The loss federal funding could sting (since the South Carolinians are getting back less of what was taken from them), but as bad as Obamacare is, it might be worth it?

Landotfree's picture

And SC can withdraw from all the agreements Medicare, Medicad, and SS... which would in turn make it impossible for the federal government to collect taxes in the state.

Go look into your State code, your state has voluntarily entered into those programs, they can just as easily get out of the programs... first State to withdraw their agreements will be the biggest winner.


Colonel Klink's picture

Yep, and watch the population of SC skyrocket as everyone flees there to avoid the Feral Federal Government draconian abuses. 


"South Carolina is about to pass a bill to nullify Obamacare" ............ How many of these nullify articles have you read and NOTHING ever changes? Don't get too excited about this one either, just sayin.

jbvtme's picture

with fort sumpter now a national park, any one want to guess what gets nuked in south carolina?

Joe Davola's picture

This law will stand about as long as it takes for the 4th circuit to issue a stay on it.

state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress


Landotfree's picture

It has nothing to do with Federal law.   There is nothing stopping anything.  I have no idea why States have not dropped their SS agreements... I mean the federal government would still be obligated in sending out payments but it could no longer collect.   What you fail to understand is most of this is done by agreement from the States... without an agrement than the Federal government is mostly sitting at the border.

Steve in Greensboro's picture

As the divine Florence King wrote, "if at first you don't secede, try, try again."

Husk-Erzulie's picture


An entire generation of American youth  will enter their productive majority years as Libertarian Constitutionalists, Agorists, and flat out Anarchists all with a conservative, individualist, sovereign citizen orientation.  ALL BECAUSE OF THIS MAN AND HIS UNBELIEVABLY INEPT AND CORRUPT ADMINISTRATION!

This wanker is single handedly setting the socialist agenda back at least a generation.  He is burying the Democratic party, AND THEY SEEM POWERLESS TO STOP HIM:-))))


Best thing that could have happened...

dracos_ghost's picture

And yet he was elected -- TWICE by the American Youth in resounding numbers. No one cares in the the United States of Solipcism.

Who needs enemies when the Dems have the Repubs(aka John "Cry me a river" Boehner and Paul "I'm a fucking RINO bitchez" Ryan). 2014 sees Nancy Pelosi back as Speaker of the House and Obama as Der Fuhrer II.

Where's a collision course asteroid when you need one.


Case in point.

Jeezuz, I need a drink.

SilverIsKing's picture

Other states that are contemplating something similar should move quickly and join SC.  An SC failure will prevent other states from attempting to extricate themselves from Obozocare but if several states join forces, they have a better chance of success.


Headbanger's picture

Oh say like...   Texas maybe!!?   Alaska too!  And I bet Georgia and North Carolina are right behind em too.

In fact, I think Nebraska,  Iowa and Rhode Island already did this.. But nobody noticed.

Crash Overide's picture

The people have spoken and they don't want Obamacare.

odatruf's picture

Most of the most recent election outcomes would dispute that level of clear thinking (or speaking) by the people,..

Quantum Nucleonics's picture

Stop this silliness.  FICA taxes collected by businesses are sent directly to the Treasury.  The states can't block the cash flows, even if they wanted.

XitSam's picture

 I have no idea why States have not dropped their SS agreements... I mean the federal government would still be obligated in sending out payments but it could no longer collect. 

Good grief. SS was a law passed by congress, it can be changed by congress.  Watch how 49 other state's legislators jump on the bandwagon to "defend" SS.  And since SS is a pay as you go program, they will justify cutting off benefits to SC because SC isn't paying! SC isn't ready to make SS payments on their own. This will force the people not getting benefits to storm the statehouse and get it changed.  

odatruf's picture

SC (the State) has zero ability to stop payments to SS other than those they collect themselves as an employer. All of the employers in the state, however, could chose to defy the IRS and federal law and stop withholding and remitting those payments.

Since SC (the State) isn't really going to be able to do much to protect the citizens who do defy the Feds, don't hold your breath. This does not mean that SC (the State) can't put a significant roadbloack up for the ACA via nullification and other obstructions; they can.

BeansMcGreens's picture

Let us hope it is Myrtle Beach during Atlantic Beach Bikefest. Two birds with one stone you know.

Hal n back's picture

watch Texas and some other states follow in SC footsteps--


we will have choices


I was CFO of a company years ago and ideas for benefits etc. were run thru me for logic, payback (in a real organization you do not do a thing unless there is a payback-even benefits are designed and implemented to retain good employees).

But payback and cost are paramount in a real organization and obviously the federal govt does not utilize the term payback unless its in the political sense, not the financial sense.

I also guess payback shall not be used in terms of paying back the US debt (unless inflated away)





toxic8's picture




Landotfree's picture

Federal government turns off funding.   Imagine this, SC:

- Withdraws from SS

- Withdraws from Medicare

- Withdraws from Medicaid

- State banks no longer require SSNs

- Driver's license no longer comply nor share data

- Shutdown water, electricity, and basic services to any federal government operation

- Cut off all other agreements including law enforcement

- Tell all Medicare patients to seek medical help across the border

- SS payments would still have to go to SC SS beneficiaries.

- Jack up toll roads for non-SC drivers and for rail, good luck getting something from Florida to New York.

JoBob's picture

Landotfree:  I dunno 'bout all that. Seems like the last time SC did something akin to blocking the roads, the Feds sent General Sherman and his Blue Boys down for a long tour through the state.

On the other hand, it might set an example for the more timid.

Landotfree's picture

You don't block roads, who said that?  Not me.  NYC is charging $100s for trucks to go across bridges.   No different. 

dick cheneys ghost's picture


Altho trucks should be charged.

Knowing how much damage they do to the roads

O......what the hell do I know

Dangertime's picture

I wouldn't doubt some of the "red boys" stuck up in blue land might havve South Carolina's backs if such an event were to occur.

JoBob's picture

@Dangertime:  One can hope friends are on standby! Most people would be surprised how many of those Good 'ol Boys in the South have those black, funny-lookin' guns and actually think they might come in handy someday.

odatruf's picture

SC cannot withdraw from SS and Medicare.  Medicaid, perhaps.

Landotfree's picture

SS payments go to individuals not States.   I have no idea why States continue to contribute to SS, they should withdraw.   

dick cheneys ghost's picture

landoffree..............your thoughts are very interesting.........thanks for contributing........the comment section has been kind of stale since 2010 and since francis was banned

odatruf's picture

The only contribution the states make to SS is for their employees, just like any other employer. And some staff who were working for many of the states before the 1986 reform might still be exempt from SS and in a similar state or country run system.



Parrotile's picture

"Dear Recipient.

Your State has unilaterally elected to no longer support Federal Financial Support Programmes (such as Social Security / Medicaid); as a consequence of this decision, the Federal Government has elected to suspend payments to individuals registered as residing within your State, until such time as your State renegotiates support of such Federal Programmes.

For further information on your State's plans to offset this individual funding change, may we suggest you initially contact the offices of your State Administration.

Best regards,

Your Federal Government"

kill switch's picture

Shut down all I.R.S. offices and tell them to stick the 1040 up their ass!!!! NO MORE MONEY DC!!! That should spread....

Grinder74's picture

I would just love for some state governor or secretary of state to exercise eminent domain on any buildings or land occupied by the feds.  

Parrotile's picture

Well, the "next step" could be the deployment of the National Guard "to restore Law and Order". Assuming that the rebels didn't just crumble (which they probably will), then the Federal Government might choose to escalate further (full blown Military action, with the full, blanket - coverage "assistance" of the mainstream Media depicting the "rebel State" as just that - a "rebel" movement that "severely threatens stability Country-wide"), or maybe the choice will be to shut off all Federal services (including all infrastructure services, and all services provided by adjacent States) thus imposing significant hardships at the individual level, as a means of "encouraging to locals to return to the fold".



patb's picture

Okay.  What happens.

1) The Feds shutdown all the military bases and federal buildings.

2) The Post office closes and ceases delivering mail to SC.

3) With the Federal Reserve office in Savannah closed, the Local Banks are cutoff from FedWire.

4) South Carolina Drivers are now prohibited from driving in the 49 states without an international drivers license, a

passport, a visa.  

5) Trucks entering South Carolina need a border inspection.

6) Oil Pipelines to SC are stopped.

Some significant new highway construction starts around SC


disabledvet's picture

why would oil pipelines stop?

dracos_ghost's picture

Regulation of interstate commerce. No ticky no oily shirty.

16th ammendment cock blocks the states. SCOTUS pretty much classified Obamacare as a federal Tax.

Obamacare is here to stay, God help us.

TuesdayBen's picture

If parts of OCare have been illegally postponed by Odoofus, then why can't states postpone the whole putrid mess... If top federal executive can flout and fail to enforce the law, why can't top state executives - governors...