Health care reform: Jindal signs faux nullification bill

[ProSense]

Health care reform: Jindal signs faux nullification bill

by Jed Lewison

Bobby Jindal is mad as hell about health care reform and he wants everybody to know it, so he just signed legislation making it clear that in the State of Louisiana, it's illegal to require individuals to have health insurance. From bill's text (emphasis added):

A. It is hereby declared that the public policy of this state, consistent with our constitutionally recognized and inalienable right of liberty, is that every person within this state is and shall be free from governmental intrusion in choosing or declining to choose any mode of securing health insurance coverage without penalty or threat of penalty.

B. No resident of this state, regardless of whether he has or is eligible for health insurance coverage under any policy or program provided by or through his employer, or a plan sponsored by the state or the federal government, shall be required to obtain or maintain a policy of individual health insurance coverage. The state shall not impose a penalty or fee on any resident of the state for failure to obtain or maintain health insurance coverage.

Sounds like Jindal just struck a blow against the individual responsibility mandate at the heart of health care reform, right? Well, not exactly. Turns out the bill explicitly makes it clear that it is not intended to supersede federal law -- including health care reform.

C. No provision in this Section shall be interpreted or held to supercede any provision of the Patient Protection and Affordable Care Act of 2010, P.L. 111-148 or any other federal law.

So I guess that means by putting his signature on this bill, Bobby Jindal is recognizing the fact that health care reform is now the law of the land? What a faux-nullificationist wimp.

[Phoebe Loosinhouse]

1. It sounds like it's just saying that the state will not require you to

buy coverage although the feds will and that the state will not fine or penalize you althought the feds will.

It is farcical.

[jaxx]

2. Bobby Jindal wants to be prez.

He emotes....and he fabricates. That makes him republican.

[vaberella]

3. It's illegal for people to have health insurance?! Brilliance. To RM with him. n/t

[Bitwit1234]

4. If something is a federal law, HOW CAN

A STATE NULLIFY IT. That's against the Constitution. And illegal. So Jindal by doing this could be considered committing treason. Right.

[onenote]

5. no. wrong

First, as the OP points out, the bill doesn't attempt to nullify federal law. It simply is a declaration of what state law is (or isn't). It is, as one other poster correctly stated, "farcical".

Second, even if it was an attempt to override federal law, it wouldn't be "treason". It would be unconstitutional. But if everytime a state legislature (or Congress or the executive branch) passed legislation that was deemed unconstitutional those involved were guilty of treason, then the jails (and graveyards) would be filled to overflowing with legislators and executive branch officials of all parties.