Gavel to Gavel

A review of state legislation affecting the courts.

Missouri and other state legislatures consider compelling state courts to ignore Affordable Care Act, prosecute judges and federal officials who enforce

May 11th, 2012 by Bill Raftery Leave a reply »

There’s been a great deal of state legislative activity in the last 2 years to voice opposition to the Patient Protection and Affordable Care Act. While the federal courts, and currently the U.S. Supreme Court, have contended with the constitutionality of the subject, state legislatures have issued resolutions in opposition and/or adopted laws prohibiting state agencies from participating in implementation.

Several states, most notably Missouri, have taken this a step further and considered prosecuting in state court federal and state officials for implementing the law. Moreover, the bills would direct state courts to ignore its provisions of the federal law. The one that has advanced the furthest is Missouri’s HB 1534 of 2012. It was approved by the full House (108-44) and apparently by a Senate committee and could be voted on shortly by the full Senate.

HB 1534:

declares the Patient Protection and Affordable Care Act void in Missouri
provides for criminal prosecution in state court for federal officials who enforce the law
provides for criminal prosecution in state court for any “public officer or employee”, including the state’s judges, that would enforce the statute
provides for a civil action against state or federal officials that attempt to enforce the law

A full list of all such bills below the jump

Year	Bill	Criminal penalty for state judge?	Criminal penalty for federal official?	Commence civil suit in state court against state/federal officials?	Result	Notes
2011	Idaho HB 117	N	N	Y, injunctive relief.	Approved by full House on 49-20-1 vote. Died in Senate committee.	Prohibited state courts from enforcing federal levies resulting from PPACA.
2011	Idaho HB 59	N	N	Y	Died in House State Affairs Committee.
2011	Maine HB 51	Y	Y	Y	Unanimously rejected by Joint Judiciary Committee 4/7/11.
2011	Maine HB 924	Y	Y	Y	Rejected by Joint Committee on Insurance and Financial Services 5/31/11. Rejected by full House 6/1/11 on 122-21 vote.
2011	Minnesota HB 1351	N	N	Y, injunctive relief.	Died in House Health and Human Services Reform Committee.
2011	Missouri HB 1010	Y	Y	Y	Died in House General Laws Committee.
2011	Montana HJR 20	N	N	N	Approved by House Human Services Committee on 9-6 vote on 2/21/11. Rejected by full House on 46-52 vote on 2/24/11.	Declared ACA “cannot be implemented or enforced in the state of Montana.”
2011	Montana SB 161	Y	Y	Y	Died in Senate Public Health, Welfare and Safety Committee.
2011	New Jersey AB 4155	Y	Y	Y	Died in Assembly Health and Senior Services Committee.
2011	North Dakota SB 2309 (AS INTRODUCED)	Y	Y	Y	Provisions amended out by Senate Human Services Committee 2/17/11.
2011	Nebraska LB 515	Y	Y	Y	Died in Senate Public Health, Welfare and Safety Committee.
2011	Oklahoma HB 1276 (AS INTRODUCED)	Y	Y	Y	Provisions amended out by House Judiciary Committee 2/8/11.
2011	Oregon SB 498	Y	Y	Y	Died in Senate Health Care, Human Services and Rural Health Policy Committee.
2011	South Dakota HB 1165	Y	Y	Y	Rejected by House State Affairs Committee on 13-0 vote 1/25/11.
2011	Texas HB 297	Y	Y	Y	Died in House Select Committee on State Sovereignty.
2011	Wyoming HB 35	Y	Y	Y	Approved by full House 44-14 on 2/1/11. Died in Senate committee.
2012	Arizona HB 2725	Y	Y	Y	Died in House Health and Human Services Committee.
2012	Arizona SB 1475	Y	Y	Y	Died in Senate Healthcare and Medical Liability Reform Committee.
2012	Missouri HB 1534	Y	Y	Y	Approved by full House 108-44 on 4/19/12. Currently pending before Senate General Laws Committee.
2012	New Jersey AB 861	Y	Y	Y	Pending in Assembly Health and Senior Services Committee.