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Republicans introduce legislation which would allow states to opt out of Obamacare

February 2, 2011

  Calling it a “third front” in the war against Obamacare, Lindsey Graham has introduced legislation in the Senate which would allow any state to opt out of any portion of Obamacare if they saw fit to do so. This would, in effect, give the states the power of nullification and could possibly render Obamacare dead if a majority of the states were to opt out.

Graham was clear that if a majority of states opt out of Obamacare’s mandates and penalties, then, “The bill would fall and we’d have to replace it with something that makes more sense.”

  There are currently more than half of the states challenging the constitutionality of the healthcare reform law and one can speculate that if the Supreme Court were to uphold the law that these same 26 states would then opt out of the legislation if this bill were to pass. So it appears on the surface that if this bill were to pass that Obamacare would be all but dead.

  But the question is: In light of the recent Senate vote against repealing Obamacare–even after the law has been deemed unconstitutional–what are the chances that this opt out bill would be passed by the Senate? I have to believe that the odds are not good, but possibly better than the outright repeal legislation was. With all of the Republicans united on the opt out bill, the Republicans would have to flip four Democrat votes to their side in order to pass this bill. There is a chance that adding an opt out amendment to the healthcare reform legislation would be more appealing to some Democrats in conservative leaning districts then an outright repeal, which would have been seen as a direct condemnation of the president.

 This bill could provide Democrats with enough cover to vote for a measure that would ultimately kill Obamacare without taking a vote which would directly put them at odds with the president, and this would provide the Republicans with the result they have been looking for all along. This appears to be a shrewd move by Lindsey Graham and it will be interesting to watch this play out.

12 Comments leave one →
  1. integrity1st's avatar
    integrity1st permalink
    February 2, 2011 11:42 pm

    I’m afraid of this opt out option, but perhaps you can make me more confident. I was frustrated because it appeared Brown was pushing for this instead of appeal of the whole bill which I felt fractured the premise on which he ran, (among many other things he did that dissappoints).

    The bill is bad. It is unconstitutional, it drastically needs to be repealed, and what of those progressive liberal states that don’t opt out. I want it gone.

    Like

    • Steve Dennis's avatar
      February 3, 2011 7:23 am

      I am not sure that this would replace the repeal attempt (although repeal failed in the Senate yesterday), I think this is just another means to attack this bill and possibly bring it to an end.

      Like

  2. Questioning With Boldness...'s avatar
    February 3, 2011 12:34 am

    This could open up some very interesting turns of events in the coming months. From listening to Gov. Nikki Haley, there were 33 state Governors expected to write letters to President Obama regarding the repeal of the healthcare bill based on the financial crunch that this would put on the states. If she was accurate, this will definitely get the backing of the state governors. I hope to see this make headway because no matter what it takes, we need to establish in the public’s eye that there are legitimate efforts to undo this debacle. President Obama has already said he won’t allow for repeal so if we can isolate him on this, it is big. We need to show that Obama is standing alone on his stubbornness so that he looks like he doesn’t care about what American’s say.

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    • Steve Dennis's avatar
      February 3, 2011 7:24 am

      The Republicans are now looking to out flank the president on this issue, to separate him from the people and it is going to be interesting to see if this bill goes anywhere. I think might have some support and I think the Republicans should do whatever they can to move this forward.

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  3. rjjrdq's avatar
    February 3, 2011 3:56 am

    As you know, I don’t have a lot of respect for Lindsey Graham. This is a good idea though. But if Obama hasn’t yet appealed the Florida decision, then there’s nothing to opt out of.

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    • Steve Dennis's avatar
      February 3, 2011 7:26 am

      I don’t agree with Graham always either, but this is one exception. Technically you are correct, there is nothing to opt out of, but this is a good contingency plan in case a stay is granted or the Supreme Court overturns the Florida ruling.

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  4. Bunkerville's avatar
    February 3, 2011 10:08 am

    My thoughts are to keep this whole thing reved up and on the front burner. I am sure more will come out that is hidden in this thing. Attack on as many fronts as we can.
    I wish we would have more spokes people out on the trail.

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    • Steve Dennis's avatar
      February 3, 2011 10:34 pm

      I agree, we must keep this in the forefront for as long as possible. Barack Obama wants us to stop “fighting the battles of the past” because he wants this issue to go away before the 2012 elections–we can’t let that happen.

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  5. nooneofanyimport's avatar
    February 3, 2011 11:15 am

    Yeah, the more avenues that are pursued the better. I find it amusing that Lindsey Gramnesty is behind this. Coming to Jesus, are we?

    Fine, we’re glad to see you join the fray. ‘Til next election, anyway.

    Thanks for the heads up Steve.

    Like

    • Steve Dennis's avatar
      February 3, 2011 10:22 pm

      Graham must be up for re-election in 2012…..good point! We saw McCain also move to the right when he was up for re-election last year. Lindsey seems to be following the McCain model.

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  6. Conservatives on Fire's avatar
    February 3, 2011 12:31 pm

    This could be very supportive of the nullification concept. Any thing that supports State’s Right is good in my opinion.

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