Thursday, the Missouri House of Representatives passed HB1534, also known as "the Obamacare Nullification Bill," which bans the Patient Protection and Affordable Care Act and prosecutes any federal employee who attempts to enforce it. The bill also declares the Patient Protection and Affordable Care Act to be unconstitutional. The House passed the measure with a 108 to 44 vote and the measure now heads to the Missouri Senate.
According to the Ozarks Sentinel, such a decision is usually left to the Supreme Court of the United States to decide, but the Missouri legislators took it into their own hands, adding criminal charges for any federal employee who enforces Obama’s health care act. The Ozarks Sentinel reports, "The Supremacy Clause of the U.S. Constitution, which holds that when state and federal laws come into conflict, the latter takes precedence, would likely render H.B. 1534 irrelevant. But even as a ceremonial gesture, the bill speaks loudly to the priorities of many in the House."
The U.S. Supreme Court is currently reviewing the Patient Protection and Affordable Care Act and has not made a decision on whether all or part of the act is unconstitutional.
MO Gov. Jay Nixon is expected to veto the bill if it passes the Senate and reaches his desk. But if officials add absentee votes, they expect to have enough votes to override a veto. Jack McHugh of the Mackinac Center for Public Policy writes,
According to the 10th Amendment Center, when the votes of members who were absent are added, the bill is likely to have sufficient votes in the House to override an expected veto by Democratic Gov. Jay Nixon.
Among other provisions the bill states, “The general assembly declares that (PPACA) … exceeds the power granted to Congress under the United States Constitution and therefore is not law, but is altogether void and of no force.”
Also, “Any official, agent, or employee of the United States government who undertakes any act within the borders of this state that enforces or attempts to enforce any aspect of the (PPACA) is guilty of a class A misdemeanor.”