When lawmakers in Missouri reconvene, one of the items on their agendas is to discuss a bill that could possibly nullify the Affordable Care Act for Missouri residents.
In 2010 Missourians passed the Health Care Freedom Act and last week Representative Jason Spencer and Senator John Lamping pre-filed Senate Bill 546 to update Health Care Freedom Act.
The bill would ban Missouri from taking any action that would “compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.”
South Carolina was the first state to attempt to fight the Affordable Care Act within the state’s legislation, with Missouri quickly following suit.
The Washington Times says the proposed bills have some strong legal merit based on the anti-commandeering doctrine. "In four major cases from 1842 to 2012, the Supreme Court has consistently held that the federal government cannot “commandeer” states, requiring them to enforce or expend resources to participate in federal law or regulatory programs."
Now that it has been introduced in the state senate, SB546 will first be assigned to a committee. It will have to pass that committee before the full Senate is given an opportunity to pass the bill on to the House for concurrence.
At least ten other states are expected to filed similar bills in the coming months.