COLUMBIA – Hundreds of South Carolinians gathered in the rain at the State House on the morning of Tuesday, January 14, to demand that the state senate pass legislation immediately to block Obamacare. The rally was organized by Mr. Jesse Graston, SC Coordinator for The John Birch Society, in partnership with numerous Tea Party and constitutional liberty groups from around South Carolina.
Speakers included Rep. Bill Chumley, primary sponsor of H3101 to nullify Obamacare, Sen. Tom Davis, Sen. Lee Bright, Dr. Tom Kendall, president of the Association of American Physicians and Surgeons (AAPS), Michael Lofti, activist with the Tenth Amendment Center, Dr. Huey Mills, founder of the South Carolina Association of Christian Schools (SCACS), Matt Kibbe, president of FreedomWorks, and others. The rally was emceed by John Hull, chairman of the Summerville 9/12.
The crowd gave a rousing welcome to Rep. Chumley and several chanted “Chumley, Chumley!” as the representative came to the podium. Chumley stated, “One year ago, the odds were a million to one… impossible. Well, I’m here to tell you, I have seen the impossible happen this year.” He told the crowd that it was the grace of God that has given his bill success up to this point. He pointed to the fact that other states are looking to South Carolina for leadership, and stated that Sen. Davis’ proposed amendment would “make this a dynamite bill.”
Sen. Tom Davis stated, “Now we’re in the second half [of the game] and it’s time for the South Carolina state senate to do its job!” He said that simply making good arguments or great points would not suffice, but that the bill itself must be passed and signed by the governor in order to protect our state. He told the crowd the federal government passes any legislation it wants only because the states have been willing to comply. He emphasized that “South Carolina will not aid and abet in the hijacking” of the U.S. Constitution. Davis gave four elements he believes must be included in an effective pushback: 1. Prohibiting state employees from working to implement Obamacare, and banning the use of state funds to assist in the implementation in any way, 2. Refusing all Federal grant money related to Obamacare, 3. Refusing to expand Medicaid, and 4. Banning the creation of a state healthcare exchange.
Michael Lofti of the Tenth Amendment Center said, “The fight is here…. The question we have to ask ourselves is, do we have the courage to face the realities of our time? If we have that courage, we need to turn our eyes away from D.C. for the moment, and look right here at this building [the State House], because this building is where your answer is. The states have the right, the God-given right, the natural right, to nullify Obamacare!”
Matt Kibbe of FreedomWorks told the crowd, “It’s up to you guys now.” He discussed how every effort to kill Obamacare has been ineffective up to this point, from legislative activism in the U.S. Capitol, to the 2010 Tea Party Tidal Wave, to the Supreme Court decision finding that Obamacare was legal. He stated, “I hate to put this burden on you guys, but I think we’re going to have to do it for ourselves,” to which the crowd erupted in a spontaneous chant, “Stop It Now, Stop It Now…!” Kibbe quoted Thomas Jefferson, “The only sure reliance and defense of our liberties is the American people,” and asked, “Are you guys ready to do that job?” He concluded by stating, “Each and every one of you needs to make sure your senator does the right thing, and stop this thing once and for all.”
The rally was followed by a time for attendees to meet with their senators, and an afternoon prayer service for the state and nation.
H3101 was introduced last year to place criminal penalties on state or federal employees who worked to enforce Obamacare. Critics charged that the bill raised due process concerns and was possibly unconstitutional under the Supremacy Clause. After it was amended in the House Judiciary Committee, the bill was passed by the House and was sent to the Senate, where Sen. Lee Bright and others were able to place H3101 on Special Order. However, supporters argued that the bill had been substantially weakened.
Sen. Tom Davis has since sought to amend the bill to ban South Carolina from taking any Federal grant provided for in Obamacare, and restore penalties, including termination and civil fines, for state employees who knowingly work to implement it. Davis advocates the idea of “anti-commandeering” based on the landmark court decision Mack-Printz v. U.S., which states that the federal government may not compel a state to assist in the enforcement of a Federal act.
Davis’ measure to strengthen H3101 has been endorsed by Rep. Chumley.
