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Tom Davis Introduces Anti-Commandeering Amendment

A NEW APPROACH TO DEALING WITH OBAMACARE’S IMPLEMENTATION BEAUFORT, S.C. – Earlier this week, State Senator Tom Davis (R-Beaufort) filed with the Clerk of the South Carolina State Senate a strike-and-insert amendment for H. 3101, a bill passed by the South Carolina House of Representatives in May 2013 that initially…


BEAUFORT, S.C. – Earlier this week, State Senator Tom Davis (R-Beaufort) filed with the Clerk of the South Carolina State Senate a strike-and-insert amendment for H. 3101, a bill passed by the South Carolina House of Representatives in May 2013 that initially sought to nullify the Patient Protection and Affordable Care Act (ACA). Davis was appointed last June by Sen. John Courson, the President Pro Tem of the South Carolina Senate, to chair an ad hoc committee to review H 3101, and the committee subsequently held public hearings in Greenville, Columbia and Charleston. Davis’ amendment, a copy of which is attached, would slow the spread of the ACA in South Carolina by:

• Invoking the constitutional principle of anti-commandeering
• Requiring legislative approval for ACA grants and programs
• Rejecting the optional Medicaid expansion authorized by the ACA
• Prohibiting the creation of a state health-insurance exchange
• Registering ACA navigators with the state Department of Insurance

“The heart of my amendment is the anti-commandeering section,” said Davis. “The principle is a simple one: The federal government cannot compel a state to use state resources to implement a federal law. If the ACA is bad law – and I think it is – then South Carolina’s resources should not be used to implement it.” The principle of anti-commandeering was expressed by the United States Supreme Court in Printz v. United States, 521 U.S. 898 (1997): “The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.”

Anti-commandeering differs from nullification, in that the latter is a flat refusal by the state to allow a federal law to be enforced within its borders. “My amendment doesn’t say that,” said Davis. “It says that South Carolina will not use its resources to aid and abet in the ACA’s implementation. It really boils down to this: Why should we spend state money to implement a bad federal law?”

Other sections of Davis’ amendment would do the following: codify last year’s decision by South Carolina Gov. Nikki Haley to neither seek an ACA-authorized expansion of the Medicaid population nor create a state health-insurance exchange; require public entities that want to apply for ACA grants to justify the application in hearings open to the public and to obtain legislative approval prior to seeking them; and protecting South Carolinians from unscrupulous practices by navigators who are paid by the federal government to enroll people in ACA health-insurance exchanges.

“Ultimately,” Davis said, “it is up to the United States Congress to repeal the ACA. In the meantime, though, the states have the power and the duty to push back, and this is a way of doing that.”

The South Carolina State Senate is expected to begin debate on H 3101 next Tuesday.



(Editor’s Note: The above communication does not necessarily reflect the editorial position of To submit your letter, news release, email blast, media advisory or issues statement for publication, click here).

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euwe max March 1, 2014 at 11:52 am

Next: stand your ground law – no white man can be convicted of killing a mud race.

tomstickler March 1, 2014 at 12:00 pm

There is noting in the ACA that “compels” South Carolina to do anything, so the “anti-commandeering” gambit is mere posturing.

If South Carolina had the good sense to participate voluntarily and provide health insurance for its uninsured citizens, compliance with reasonable regulations would be expected.

????????? March 1, 2014 at 12:18 pm

Yet the state already participates in Social Security, a federal law that requires the use of state dollars.

Nothing more than pandering to his base by Davis, a base too stupid to see or seek the truth.

john March 1, 2014 at 12:20 pm

Another fuckTea….doing stupid shit waiting money…

Gillon March 1, 2014 at 12:48 pm

Mr. Davis has too much time on his hands. He needs to find something better to do after breakfast.

RHood2 March 1, 2014 at 4:58 pm

Hey, the first three years of the Medicare expansion are at no cost to the state. So there’s no commandeering.
Yet he rejects that as well.
Interesting. Hypocritical, if the objection is truly to commandeering.

T-8 March 1, 2014 at 6:30 pm

Who is the dimmest bulb? Fits or Davis?

Fits Aint No Republican March 1, 2014 at 10:47 pm

Close call,but I gotta go with Fits.

Davis, at least knows hes a Republican.

Fits lives in “denial”(although hes probably just a great kidder.I mean does he REALLY think his ritualistic claims of not being one is taken seriously?)

ThreePalms March 1, 2014 at 10:22 pm

Davis is too dim to realize that congressional repeal of the ACA is not going to happen.

RHood2 March 2, 2014 at 1:03 am

And I thought Nikki already rejected the Medicaid expansion. So why is Tommy Boy trying to jump on that bandwagon?

Tman March 2, 2014 at 10:20 am

Davis is a fraud. His support of Queen Jean Toal proves he is a fraud. We need a real conservative to take him out in two years.

Manray March 2, 2014 at 10:40 am

Yawn…some more pandering to right-wing delusions. I guess it is easier than actually governing.

bob March 3, 2014 at 7:20 am

Tom Davis..this idiot Teaturd….would have us all to believe he is going to be the next president of the capitol of shit.


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