KrisAnne Hall, a Constitutional scholar and former prosecutor, has called for the states to invoke their right of nullification in the fight against Obamacare. As a result she has drawn the ire of some democrats and republicans alike. Most notably, Florida State Senator Dan Gaetz who mentioned shooting and hanging in reference to supporters of nullification in a recent email to Mrs. Hall.
Stay classy there, Senator.
FOX News has picked up on the story. Ben Swann explores the controversy:
For more on nullification and how you can get involved, see the Health Care Freedom Act at Tenth Amendment Center.
Medical malpractice cases, like most areas of civil justice, traditionally are judged by state courts under state law rather than by the national government. This is because, as American Founders such as Alexander Hamilton and John Marshall explained, the Constitution reserves most such matters to state control.
Yet the current U.S. House of Representatives—led by some who otherwise assail federal overreaching—have twice passed H.R. 5, a bill that would largely transfer control over medical malpractice lawsuits to the federal government. Fortunately, the measure has not passed the Senate. It is, however, being touted as part of the GOP plan to “replace” Obamacare.
Under Title 1 of H.R. 5 (the so-called HEALTH ACT), Congress would assume expansive authority over state court procedures. The bill requires state judges and juries to adopt federal standards of proof, federal damage rules, federally-mandated standards of guilt, federal statutes of limitations, and a federal schedule for attorneys’ fees that overrides agreements between attorney and client. H.R. 5 also dictates that certain legal information be withheld from juries. A portion of the bill with the Orwellian title of “State Flexibility and Protection of States’ Rights” provides that the measure overrides state law, with only minimal concessions.
Advocates of H.R. 5 claim the Constitution gives Congress authority to adopt the measure under Congress’s Interstate Commerce Power. This always has been a dubious argument, but has become more dubious in light of comments and holdings in the Supreme Court’s health care case.
Read the whole thing: Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional – Tenth Amendment Center.