Two and Counting: New Jersey to Consider Obamacare Nullification

On the heels of a recent announcement that Oklahoma State Representative Mike Ritze would be introducing legislation to nullify the Affordable Care Act, New Jersey Assemblywoman Alison Littell McHose (R- Sussex) has verified with the Tenth Amendment Center that she has a bill pending which would do the same.

Assembly Bill 861 (A861) would “Render the federal “Patient Protection and Affordable Care Act” null and void in New Jersey”

In a statement to the Tenth Amendment Center, McHose indicated that trusting the federal courts to fix federal problems isn’t working. She said, “Americans were always misguided to trust the good intentions of the unelected Court. The Court being the failsafe of the establishment.”

A861 not only addresses the insurance mandate, the focus of most health care freedom legislation and legal action. It takes the next step and declares the entire act null and void within the state of New Jersey. The bill itself provides the rational for nullification, based on the Tenth Amendment. It includes the following:

“The assumption of power that the federal government has made by enacting the ‘Patient Protection and Affordable Care Act’ interferes with the right of the people of the State of New Jersey to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Number 45 of the Federalist Papers that the “powers delegated” to the federal government are ‘few and defined,’ while those of the states are ‘numerous and indefinite.’”

The New Jersey Nullification Act also has teeth. It continues:

Any public officer or employee of this State who seeks to enforce an act, order, law, statute, rule, or regulation of the United States government in violation of this act shall be guilty of a disorderly persons offense and, notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $500 nor more than $1,000, or be imprisoned for a term of not more than two years, or both, in the discretion of the court.


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