Thanks and bump!!!
That’s a fascinating approach. He’s going to challenge the Feds in a Federal Court based on the new State Constitutional Law voters in Oklahoma just approved....
Now, I know, historically, that States OUGHT to be in control of their affairs about such things, but in reality, the Feds aren’t going to let that happen, because they haven’t let that happen for at least 100 and perhaps as much as 150 years! They’ll just fall back on the old “supremacy clause” claim (which doesn’t apply — but they’ll do it anyway); and/or they’ll run it through the Innerstate Commerce Clause (it works for almost everything else), or they may just fall back to that great Reconstruction standard, the 14th Amendment — that “catch-all” for justifying ANYTHING the Feds want to do at the States expense.
In other words, it’s great he’s taking a different approach — but a State Law has NO power in a Federal Court — and the Feds will laugh him right out of the courthouse.
Yesterday the Oklahoma House of Representatives issued a press release, "Ritze Seeks Nullification of ObamaCare," which stated: "State Rep. Mike Ritze has filed legislation to effectively nullify the new federal health care law and allow felony charges against individuals attempting to enforce it in Oklahoma."
Oklahoma thus joins at least seven other states where bills to nullify the entire ObamaCare law on the basis of its unconstitutionality have been introduced in 2011. The eight states with their corresponding bill numbers (with links to full-text) are: Texas (HB297), Montana (SB161), Wyoming (HB0035), Oregon (SB498), Indiana (SB505), Maine (LD58), Nebraska (LB515), and Oklahoma (HB1276).
According to Ritze, who is one of only two doctors serving in the Oklahoma Legislature, The federal health care law is clearly an unconstitutional infringement on the rights of U.S. citizens. As a result, the state of Oklahoma must act aggressively to stop this unconstitutional power grab.
Because the Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010 were not authorized by the Constitution of the United States, the bill declares them to be invalid in the State of Oklahoma and states that they shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.
Furthermore, as with most of the seven other nullification bills mentioned above, "under House Bill 1276, any official, agent, or employee of the United States government who attempts to enforce the new federal health care law could face felony charges carrying a penalty of up to five years in prison and a fine of $5,000." And, "any state government official attempting to impose and enforce the federal statutes could face misdemeanor charges carrying a penalty of up to two years in jail and a $1,000 fine.
In addition to these criminal penalties, Oklahoma's HB1276 also provides that "citizens forced to abide by the new federal health care law would also be allowed to sue individuals enforcing the law."
Okie Dokie!
Would only need 6 more states to pass a Constitutional amendment.
Has this ever happened before? This is a very serious move for the States and has big implications for the Executive Branch.
The media is ignoring this, but frankly, this is the biggest story.
Oklahoma’s lawsuit, as with any other lawsuits involving states, should go directly to SCOTUS per Article 3 Section 2 of the Constitution. It states SCOTUS has original jurisdiction for any cases regarding the states. Therefore filing such lawsuits at the Appellate level is Unconstitutional!