TALLAHASSEE – Before the ink from President Obama's signature had dried on the sweeping health care reform law, the State of Florida was planning ways to stop the unpopular legislation from impacting its citizens.
State Attorney General Bill McCollum led a consortium of 12 states in challenging the law's Constitutionality in federal court, contending that Congress has no right to penalize Americans for not buying a private-sector medical coverage. The suit also contends that the law puts undue financial strain on the already fragile state economies
"This is a tax or a penalty on just living, and that's unconstitutional,"
While the states' lawsuit was getting the full glare of the national spotlight, the Florida House of Representatives was busy developing a backup plan.
The Health Care Regulation Policy Committee drafted an amendment to the State Constitution to block the federal government from mandating that Floridians purchase health insurance. The Obama law requires that all Americans purchase an approved health care policy under penalty of fines levied by the IRS, and potentially jail time.
The Florida Health Care Freedom Act passed committee by a 10-3 vote.
U.S. Senate candidate Alexander Snitker attended the committee meeting, and was pleased with the outcome. “I am proud that the People of Florida, via their representatives, are exercising their Tenth Amendment rights in the face of an unrestrained federal government,”
Snitker, McCollum and Representative Scott Plakon (R-Longwood)
The legislation would have to be passed by three-fifths of both houses of congress, and ultimately be approved by 60% of voters this November in order to become law. If approved, the new state law would likely be challenged by the federal government under the supremacy clause of the U.S. Constitution.
Either way, it seems that it will ultimately be up to the U.S. Supreme Court to determine Floridians' freedom, or lack thereof, to handle their medical decisions.
