Judge Andrew Napolitano said South Carolina has the Constitutional right to pass a bill that would essentially nullify or eliminate Obamacare. The bill, entitled “South Carolina Freedom of Health Care Protection Act,” was voted on and passed by a 65-34 vote in the state House of Representatives last April. Now, it moves on to the Republican-controlled state Senate that will be fast-tracked and could quickly be signed into law by South Carolina Governor Nikki Haley.

Here is what Napolitano had to say about the proposed legislation:

“Basically, what South Carolina is doing is instructing employees of the state of South Carolina to not to participate in facilitating the law and to prohibit the expenditure of public funds on the law,” said Napolitano.

“If the President wants Obamacare in South Carolina, the feds will have to pay for it, and the feds will have to establish it.”

He cited that the original version of Obamacare required the states to establish and pay for their own exchanges. The Supreme Court said that the federal government does not have that authority to “commandeer” or force a state to spend money, he explained.

“So, South Carolina can do this.”

If South Carolina successfully does this, he said Republican-lead states will follow.

“If enough states do this, it will gut Obamacare,” he added.

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Joshua Cook

Joshua Cook is a writer and reporter for Truth In Media. He has interviewed many politicians including Rand Paul, Ted Cruz, Walter Jones, Bob Graham, Trey Gowdy and thought leaders who shape U.S. policy. He is a host of 'Beer and Politcs' on Truth In Media. If you have any tips please email him at joshua@truthinmedia.com. Find him on Twitter @RealJoshuaCook

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  • freddy99

    The “hammer” is Medicaid funding which will be cut off. However, if the costs of Obamacare are larger than the Federal dollars received for Medicaid then SC is doing the fiscally responsible thing. But under the bill, how will SC residents get insurance? Can they allow companies to sell plans in an open market situation with the Federal rules in place? This story needs to go further.

    • WinsomeLosesome

      You are correct, but the interesting thing is how medicaid already underpays. My state of Wisconsin already provided no assistance to the implementation of ACA, very much in the spirit of this SC law. Good luck to everyone and I hope if enough people drag their feet we can stop this.

      • dave bowen

        So,let me get this straight. It is okay with you if people in your state die of treatable illness,for lack of health care.You whine about the public cost of Medicaid,but it will cost you a lot more if they have to go to the ER

    • dddienst

      From what I have heard part of the bill is the revoking of insurance company licenses if they comply with obamacare. Since you cant buy insurance across state lines and insurance companies are state licensed good luck getting complying insurance.

      • freddy99

        Yes, that is a major issue. But they could create their own large groups and self insure just like the unions do. I would hate to think that the insurance industry would be state run, but it would be better than federal run. At least the bureaucracy is closer to home. Neither strikes me as good.

  • Richard

    Am I the only person who thinks in the next couple of years, there will be no Obamacare?

    • healthy

      Even the liberals don’t think Obamacare will survive. They see it as a stepping stone to something more invasive.

    • dave bowen


  • jsw7533

    Seems like every state with balanced budget laws have no choice but to pass a similar bill. Unless they just LOVE unfunded Medicare mandates…

  • ArcanVmXII

    The ONLY reason anybody would NOT be for this bill is BLIND DEVOTION and SHEER WILLFUL IGNORANCE. Pull your head out of Obama’s lap for two seconds and do some research instead of promoting it just because the illusion of HOPE and CHANGE still holds a corner of nostalgia in your mind.

    • dave bowen

      Wealth redistribution? Let me guess you are one of the rich coropratist “job creators” who have fleeced the public over the last thirty years of voodoo economics,created nothing except fatter personal bank accounts,and live fat off the labor of others,while the people whose hard work made you rich,get food stamps because you are too damn cheap to pay them a wage high enough so they do not have to.

      • ArcanVmXII

        Your knee jerk, defensive reflex to make assumptions have you looking like an asshole. I don’t even classify as middle class. I work freelance graphic and web design and I am a minimalist in the way I live. I rent a room and nobody works for me. I’m not stupid or blind though, and anybody with half a brain can make out what a scam this is.

  • The Dude Abides

    It would be nice to see all of the other states to follow suit but there are just too many damned liberal communist these days… this is not just a fight against the ACA, this is a fight against communism, fascism and tyranny by our federal government under the Obama Marxist Regime!

    • dave bowen

      Go tell a Canadian or a Brit,or a Dane that they live under Communism because of their health care system,and you may just get a shot in the chops. Besides it is the Tea party Nazis we need to worry about

      • The Dude Abides

        I speak to Canadians and Brits daily, they are not happy living under tyranny any more than us nor are they happy with their healthcare system, you are right, they don’t call it communism idiot, they call it socialism, but it doesn’t really matter what “ism” it is, it is still all the same Marxist liberal crap.

  • NotADemorcrat

    You are all a bunch of fools. You get sucked into these stupid issues that don’t matter. You may not like the ACA because of what you know but it is what you don’t know that makes this the right thing to do. It is not about hurting anyone but it is about getting some justice for the people against a bad insurance industry. The ACA is not enough but it is a start to a bigger problem and everyone against it is in the way of progress. All of you who don’t like it should look into the parts you don’t like and work to improve it. We will never move forward if you always want to stand still. Get educated about what you are talking about and your opinion will change.

    • Dyce Raptor

      Over the years the government (both parties) has put more and more restrictions on health insurance companies, the biggest being that you can’t buy out of state. When governments regulate business, it halts competition in the free market. And conveniently, after doing that for decades, the Democrat party now stands on its pedestal and proclaims that the health insurance system is a failure. They created the problem in the first place! How many people buy the cheaper gas at two stations next to each other? I’d say many people would. The same thing needs to happen with health insurance: let the companies compete, and not be in the pockets of politicians.

  • Insanity

    “The Supreme Court said that the federal government does not have that authority to “commandeer” or force a state to spend money, he explained.”
    So, does this mean that the federal government does not have the authority to “commandeer” or force individuals (American citizens) to spend money either? Isn’t this what they are essentially doing? Not every American can afford health insurance and now more than ever they can’t. The insurance companies are NOT going to turn back the clocks..They are going to run away with the keys to the kingdom, that the ACA has handed them. For most of us, we will never see affordable health insurance again.