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.