The following is a post from Jim Lembke. Jim’s post describes Senator John Lamping’s skillful use of Obamacare to stop Obamacare in Missouri!
In 2012 the U.S. Supreme Court made two profound statements within it’s less than profound opinion NFIB vs. Sebelius:
“By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power…”, and
“The states are separate and independent sovereigns. Sometimes they have to act like it.”
Missouri has been and continues to be right in the middle of the fight to push back against federal tyranny. Missouri citizens took the lead by passing the Healthcare Freedom Act in 2010 to protect Missourians from the ill effects of Obamacare. Since that vote, both the people of Missouri and the legislature in our state have erected every roadblock conceivable to the intrusive federal boondoggle.
On Tuesday Senate Bill (SB) 546 was presented to committee by its sponsor, Senator John Lamping. SB 546 is an attempt to put teeth in the Healthcare Freedom Act by incorporating sections of the federal Affordable Care Act (ACA) into Missouri law to protect the citizens and business owners in our state.
The ACA recognizes the states’ traditional powers to license and regulate health insurance carriers. Senator Lamping has applied a great deal of intelligence as he uses sections of Obamacare to stop its implementation in the state.
Using the various Sections of the ACA, Senator Lamping skillfully weaves them together and to protect individual Missourians and businesses. For example, Section 1401 of the ACA only allows penalties to businesses or individuals IF a state chooses to operate a health insurance exchange. Missouri has chosen NOT TO operate such an exchange thus no penalties can be assessed in the state!
Since SB 546 is fully compliant with the provisions of the ACA, there is no legitimate argument of the federal law taking precedent over state law. It is true that the IRS has promulgated rules that violate the provisions of the ACA in an attempt to “correct” this legislative “oversight” they will likely be struck down by the Supreme Court.
The Supreme Court has rightly acknowledged that states are “independent sovereigns” and have the power to regulate industry in their given state. Senator Lamping has found a weak link in the federal intrusion that is Obamacare and has proposed a way to protect our business owners from onerous penalties.
United for Missouri proudly testified in favor of SB 546 on Tuesday on behalf of our over 75,000 members and all Missourians that have stood against Obamacare.
We will be providing you an opportunity and will encourage you to contact your state senator to support this bill. Be watching for the Action Alert!