Indiana State House (Indianapolis, Indiana)

The state legislatures of Oklahoma, Georgia, South Carolina, Tennessee and now Indiana have all taken steps to nullify the federal healthcare law.

Tenth Amendment Center national communications director Mike Maharrey said that this could create a formidable bloc, pulling the rug out from under the already flailing federal act. “If five states pass something like this, they’re going to be paying attention,” he said. “And if ten or fifteen do it? It’s game over for Obamacare.”

Indiana state Rep. Timothy Harman (R) along with two co-authors have introduced legislation which would virtually nullify Obamcare within the state of Indiana if passed.

The bills legal argument is rooted in anti-commandeering doctrine, which has been established by multiple Supreme Court cases, including Printz vs. United States. This doctrine states that the federal government cannot force or coerce states into carrying out federal law, regulations or programs.

House Bill 1406 (HB1406) would make it so that “an agency, officer, or employee of the state shall not…”engage in an activity that aids any person in the enforcement of the Patient Protection and Affordable Care Act.”

The legislation would also ban the state and its political subdivisions from establishing or participating in a health care exchange under the federal act.

HB1406 has been transferred to the House Ways and Means committee. Here it will need to be passed by a majority vote before being considered by the full Indiana House.

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Michael Lotfi

CEO, Political Director at BrandFire Consulting LLC
Michael Lotfi is a Persian-American political analyst and adviser living in Nashville, Tennessee. Lotfi is the founder and CEO of BrandFire Consulting LLC. The firm specializes in public and private technology centered brand development, lead generation, data aggregation, online fundraising, social media, advertising, content generation, public relations, constituency management systems, print and more. Lotfi is the former executive state director for the Tennessee Tenth Amendment Center, a think-tank focused on restraining federal overreach.Lotfi graduated with top honors from Belmont University, a private Christian university located in Nashville, Tennessee.

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  • Marc

    This president is not beyond bankrupting the country (which is already bankrupt) to implement his program. All he has to do is to put in the structures and the people needed to run this in each state that opts out, and it will still be fully implemented. He’ll just add the cost to the growing federal debt, and blame it on Republicans. The masses of ill-informed voters will eat it up with a spoon.

    I like the idea of what the states are trying to do. but I question whether it will work.

    • Keg

      Well of course it will not work.

      • Brad Kirby

        All the Feds have to do is say they won’t fund highways in the state and the state will cave.

        • Steve Morris

          At that point we need to have States simply reply that we shall not fund the Feds, and give our companies and citizens solid assurance that the State will protect us from the Usurpers.

          Easier said than done.

        • Le capitaine

          Yeah…because no one is capable of building roads except governments!!

          • Bill Agans

            “muh roads”.

          • 7LibertyForAll

            And the onerous taxes on gas, designated for highway/road use……..where does THAT money go?

  • CaptainUSA

    Mark Levine must be furious.

  • andrewhorning

    Why not just nullify it, and a whole lot of other stuff like this?

    • Steve Morris

      My State Rep here in Georgia says they can’t or won’t nullify because the Supreme Court would overturn the Nullification. But that’s not it, he also stated that the ‘Republicans’ would REPLACE it with something better and I said “How ’bout nothing?”–residents-talk–Fair-Tax—Obamacare–at-town-hall

      We have got to get our Social and Economic affairs out of the hands of those who are not or cannot be held accountable.

      I like the concept of the Reboot, but in practical terms it creates such chaos that most would be begging for tyranny to be restored. Almost every law, act, treaty, etc is unconstitutional.

      If we were to reboot in a phased approach that allowed people to be weened off of the programs they are dependent upon and phased out laws, we could forecast and deal with the chaos in an organized manner. People hate change, and especially hate disruptive change.

  • Bert Trim

    …. In the trash along with the NSA and Homeland security. Obama’s job is to kill the American Spirit and the Constitution. He will impose his own brand of government through tyrany. That’s what Communists do.
    This is the voice of the people responding. No, to your brand of Communism!

  • Karolyn

    I still like the idea of secession which 2 or 3 states are trying to do and Texas has been working on it for years and then we would not need the Federal Government in our business or forcing us to buy something that is totally unconstitutional. But, the plan is and has not been for Obamacare to work; he has said, along with a few other politicians that he likes the idea of a single payer plan which would mean everyone paying the government directly for healthcare. This plan, along with dictator Obama and his minions need to go along with every other unconstitutional thing he has done. Remember your history and he is following the way that all the dictators have taken over countries and made slaves of the people. He is working overtime and he knows exactly what he is doing.

  • Patrick Piklapp

    Too bad that they are arguing on bad faith, as they want to keep the federal regulation on car insurance, car licensing, house building, business law, enviromental issues, etc. They hate ACA, but love the prevention of just anyone having the right to drive, build on their own land, and have food and water fit to consume.

  • Steve Morris

    I’m not all that happy with this idea that a unconstitutional law is nullified by stating that State resources cannot used to help implement it. First & foremost, Federal acts should rarely if ever use State resources for implementation. If a State is doing the work, then the Feds should not be involved. The Feds should not be involved in the affairs of the States unless the State is in conflict with another.

    How, may I ask, is the ACA nullified by not agreeing to help? Are the 2,000 pages of law and 12,000 pages of regulations null and void? Will companies and citizens have peace of mind that the Feds cannot or will not be able to penalize them/us if we ignore THEM?

    This is a half @ss effort that I’m pretty sure will result in unintended consequences equal to the ACA. I’d say and probably worse, but it can’t get much worse than having your Rights ignored by the government that you give power to.

    We do not need to secede, we can, as individual States, nullify all the acts an intergovernmental agreements between our respective States and the Feds that do not fall within the confines of the Constitution. That means we need to be putting people in office who will nullify and not simply stand aside and HOPE doing nothing will achieve positive ends.

    • Michael Lotfi

      Steve, perhaps you should actually read the entire bill and see what else it does?

      • Steve Morris

        Okay, now I’ve read the whole thing. It is almost identical to the one Georgia is proposing and it doesn’t address how the ACA affects the policies that have been cancelled, it doesn’t address the policies that the Insurance carriers can/will offer, and it doesn’t address the 1,000s of things the ACA does that are outside of healthcare.

        So you can get a refund if the Feds penalize you for not buying healthcare, right? Is that a State refund or Federal? Not a Federal, the State can’t compel the Feds to give a deduction for a penalty they imposed. So the State picks up this loss in revenue.

        What about the increase in costs due to the Feds mucking with the insurance market in a manner that reduces competition and compels carriers to drop States or types of policies that are in conflict with the ACA? Nope, no help there!

        Now carriers will have to determine whether they will ignore the ACA and risk the Feds pulling some end-around that makes them cancel millions of policies again in order to comply, or follow the ACA and ‘virtually’ implement the ACA without the help of the State.

        It takes a great deal of work and money to make all those changes. My bet is that they will follow the ACA given that THEY are the ones who pushed it in the first place. They will suffer all kinds of losses and guess what, the American Tax Payer will BAIL THEM OUT because that part is not covered under the ‘virtual’ nullification either.

        Am I missing anything HB 1406 does? There is a great deal more that it and GA’s HB 707 does not.

  • JGillman

    To many on this thread.

    Make sure you have a constitutional Sheriff.

  • oldironsides

    Has it occurred to anyone that the so-called Affordable Care Act was never intended to work? Think about how totally it has failed in every way and the monumental problems it has created for everyone. I seriously think this was a planned crisis that was designed to create an urgent need for an immediate solution – and the solution will be the Single Payer System that everyone said they didn’t want. Imagine the government coming out and admitting ACA failed and to help the people we will have all medical costs payed for by the Federal Government and the costs will be spread around with new taxes. That is the way it is done in Europe and Canada.

    • Steve Morris

      Exactly. Now what does a Bill that prevents State resources from being used to implement what was already meant to fail. It fails more quickly.

      Now we have to create another bill that somehow protects Sovereign States from a single payer system??? Think the architects of the ACA will plug the holes that allow the States to wiggle their way out of a Single Payer?

      Virtual Nullification is like Virtual Liberty, both are real good, except the Virtual part.

      • oldironsides

        I agree with your assessment on the word virtual. I hate to see people use it because to me it just means pretend and make believe. The Single Payer System will be sold as a full-blown expansion of Medicare that covers everyone. That will make it more appealing and hide the dirty details.

  • Gaius_Vindex

    Even if the Indiana house passes this, the leader of the Indiana Senate, David Long, will not let it see a vote in the Senate.