Tenth Amendment Center
May 9, 2011
Apparently deciding that the risk of angering his constituents over a failure to act against Obamacare was worse than angering his Attorney General, Wayne Stenehjem, who holds that the state cannot pass laws contradicting federal law, Governor Jack Dalrymple signed SB2309. (click here to read about the health care nullification act in N.D.)
The bill affirms that North Dakotans have the right to buy, or not buy, whatever health insurance they want. This law is statute. A previous bill that would have amended the constitution with similar language was defeated with a gang of 29 House Republicans voting with Democrats at the behest of Stenehjem to kill it.
This bill was discussed on Fox News recently by state nullification proponent Tom Woods and Judge Andrew Napolitano. “The new state law, if signed by Dalrymple, says the federal health insurance law can’t interfere with North Dakotans’ decision to buy health insurance or not buy health insurance,” wrote the editorial board of the Minot Daily News though the paper went on to say that the law “won’t make a difference” because state law “can’t override a federal law.”
This, of course, isn’t true. The states are under no obligation to abide by federal laws that are unconstitutional. And since that is the State of North Dakota’s official position on Obamacare in a multi-state lawsuit challenging the law, this law passed by the legislature and signed by the governor is appropriate.
Kudos to Dalrymple for having the courage many other political leaders in this state do not.
EDITOR’S NOTE: Recently, Idaho’s Governor Otter signed an order refusing state compliance with the Patient Protection and Affordable Care Act (Obamacare). With this signature, North Dakota is now the first state in the country to pass into law the Health Care Nullification Act.
The Tenth Amendment Center has released the Federal Health Care Nullification Act, which directly nullifies the “Patient Protection and Affordable Care Act” on a state level. Click here to learn more about the bill. CLICK HERE to track the Nullification Act in states around the country.
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