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The Roundup

Oklahoma Rep Looks to Nullify Obamacare

• By

Posted 07.10.12

Rep. Mike Ritze, R-Broken Arrow. Photo courtesy the Oklahoma State Legislature.

Rather than wait for the country to elect a president who will repeal President Barack Obama’s Affordable Care Act, Rep. Mike Ritze, R-Broken Arrow, is leading a charge to nullify it in Oklahoma. The representative, who’s also a family physician and surgeon, told conservative news site The New American: “The federal health care law represents a radical change toward socialized medicine and the idea of the federal government forcing Americans to buy health insurance was a bold overreach. I simply don’t see how the Supreme Court could justify upholding this law.”

“I am going to continue my efforts to pass legislation in Oklahoma to nullify the law in our state,” said Ritze. “Although most Americans want to see our health care system improved, they do not want the government to take it over or to make important decisions for them. There is a conservative approach to fixing the system, which is to remove the government intervention already in place that has kept it from being a truly free market system.”

Ritze’s legislation, HB 1276, “declares that the Patient Protection and Affordable Care Act, as well as the Health Care and Education Reconciliation Act of 2010 ‘are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the founders and ratifiers, and are hereby declared to be invalid in the State of Oklahoma, 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,’ ” The New American reported.

His bill would also criminalize the enforcement of ACA in Oklahoma, making it a felony punishable by a fine of $5,000 or five years in prison or both.

But The Journal Record reported last week that nullifying the law “might not be so easy.”

Karen Rieger, an attorney in Oklahoma City, told the paper: “The court said the (individual) mandate was a valid exercise of taxing power. The state can’t just nullify it. It’s going to be collected by the IRS so there’s really not a state role in enforcing the individual mandate.”

Ritze told The New American:

So many state legislators are afraid to stand up to Congress. When you have something totally unconstitutional you have to take a stand and if the people don’t do it all at once, then we [the state legislatures] will do it incrementally, the same way the federal government has brought socialism to the states over the years.

The Tulsa World recently reported that the expansion of Medicaid, one of the key provisions of the Affordable Care Act, in Oklahoma could cut the number of uninsured citizens in half.

The Oklahoma Health Care Authority estimates that some 200,000 Oklahomans would become eligible for Medicaid with the Affordable Care Act and that another 50,000 people who were previously Medicaid-eligible but not taking advantage of the program would also sign up.  …

Under an “enhanced outreach scenario,” meaning an aggressive effort to enroll Medicaid-eligible people, the (Kaiser Commission on Medicaid and the Uninsured report) predicts 367,541 newly eligible Oklahomans would enroll, a total of 470,358 would be added to Medicaid rolls and the number of people below the 133 percent poverty level would go down 74.8 percent.

Gov. Mary Fallin still hasn’t decided whether or not to participate in the Medicaid expansion. Even if the state opts out, its citizens will still be responsible for purchasing health insurance by 2014, barring, of course, nullification or repeal (should the country elect a new president).

Holly Wall, News Editor

Comment

  • Shakeheap

    Dr. Ritze sez: “When you have something totally unconstitutional you have to take a stand…”. Last I checked, Doctor, it was the Supreme Court had the final say as to what is and is not constitutional and they did exactly that. The determination has been made. With that in mind I relish the prospect of you tilting at the IRS windmill and at least give you a tip of the cap for standing up for your principles — no matter how wacky they may be.

  • Madrig6

    Unless he has a real, definable, specific solution, why get rid of insurance for people to the age of 26, no preexisting conditions or life time caps on insurance, Why get rid of personal responsibility of having uninsured buy insurance?  Why let uninsured get sick and die?  Because big insurance has bought your voice. Oklahoma will never be a great state with politicians dragging it’s citizens back to the dark ages.   

  • Rdhd413

    What a twit. With people like him in our state government, it is embarrassing to admit to being from Oklahoma. 

  • RP 2012.

    socialized medicine is the end of the health care system. Yes it might seem a great idea now but when it becomes a burden and a nuisance to the American people and starts dictating what available care is provided and you see more and more health care benefits fall by the wayside. It WILL happen.

  • Shakeheap

    The system in place IS a socialist system. Most of us are forced, by penalty of law, to pay into a system which pays for those who cannot. Yet the healthcare system plugs along just fine therefore voiding your entire argument. Exactly which part of the ACA do you not like? My guess, given that your candidate came up with the system, is that you dislike the Obama part. Right?

  • Jon Roland

    The bill might appeal to the legally ignorant but it is
    foolishly misconceived. The press comments about nullification
    in history are also incorrect. Nullification is the abandonment
    of attempts to enforce something, not the acts of resistance to
    it, and that resistance is passive disobedience, not repeal. The
    Kentucky
    Resolutions of 1798 were a protest, not a nullification
    effort.
    If any state official tried to enforce a penal statute against
    a federal agent, the case would be immediately removed to
    federal court and dismissed, so it could never be enforced. It
    is likely that hapless state official would then be criminally
    prosecuted in federal court for interfering with a federal
    officer, and that prosecution would be effective. The state
    would also not be allowed to represent him, so he would be on
    his own. The resulting publicity might have some effect as
    political theater, but not as law.
    It also misconceives how the Affordable Care Act would be
    implemented. It is only about taxing and spending, and all of
    that can be done from outside the state. The IRS may not levy or
    lien to collect the individual mandate, now called a tax, but
    only deduct it from other money it has received from someone,
    such as through employer withholding. It could enforce
    collection of other amounts it would claim, but not that
    portion. The only way to get at the IRS for collecting a
    deficiency would be to try to nullify the entire federal income
    tax on compensation for labor.
    Nullification done right is complicated and needs careful
    planning and execution. There is a competent proposal that might
    work for some kinds of federal usurpations thoroughly discussed
    at nullifynow.net . That
    proposal needs to be pushed instead.