So. Car. bill would jail Federal, State workers for implementing Affordable Care Act

South Carolina state Republican Representative Bill Chumley introduced a bill that includes a provision for a fine of $1000.00 (US) and imprisonment of up to two years for any state official who implements the Patient Protection and Affordable Care Act, known widely as 'Obamacare.' Federal officials fare worse in the bill, with a fine of $5000.00 (US) and imprisonment for up to five years.

In a report filed by U.S News & World Report, Chumley stated,

“I think we’re within our rights to do this. It’s an obligation, I swore an oath to uphold the Constitution and protect the people.”

James. Full article at link above.

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UCLA law professor Eugene Volokh, however, told U.S. News the proposed law "would be clearly un-enforceable, because the federal law – upheld by the Supreme Court – trumps state law."

"But I assume it's meant to make a political statement, not to have a direct legal effect," adds Volokh.


Your SC tax dollars at work. 

So. Car. has a history of ignoring little pesky details like the Constitution, for example, December 1860.

And it would be enforceable until someone brought a case against them.

Note that because of So. Car. constitution prohibiting atheists from holding offices of public trust, Herb Silverman ran for governor. Then he sued (after he lost the election), claiming injury over the religious clause. The court threw it out (he lost the election so he had no standing).

Then there was the draft Silverman movement after So. Car. senator retired. The governor sidestepped the issue by deciding she would leave the Senate seat open rather than appoint him. (That way she could say it was not for religious reasons.) The claim was it would hurt So. Carolina (as it has term limits and this would allegedly hurt any senator appointed.

So no person could bring a suit against South Carolina until they were actually tried, convicted, and jailed or fined under the act. Note in the Scopes Monkey Trial the exact same thing happened in Tennessee. Someone first had to break the law before a trial on the issue could be heard.

Yes the point is a statement. It is also meant to have a chilling effect on those who support the ACA (are you willing to go to jail to support a principle?)




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