Enterprise – Today State Representative Barry Moore (R-Enterprise) announced that he is sponsoring a bill that would render null and void certain provisions of Obamacare, which passed as the Patient Protection and Affordable Care Act of 2010. The Alabama Freedom of Healthcare Act (HB 147) would authorize the Attorney General to file a civil action in the name of the state for injunctive relief on behalf of individuals harmed by the implementation, and preclude state agencies, officers, and employees from conducting or participating in involuntary home visits under the maternal, infant, and early childhood in-home visitation program under the act. The legislation would also explicitly prohibit the state from setting up a healthcare exchange program under Obamacare.
"I refuse to sit idly by and watch Obamacare destroy our healthcare system and hurt working families all over this state," Moore said. "I want Alabama to have the strongest possible protections against this destructive law. The states have an obligation to check the federal government when it exceeds the boundaries set forth in the Constitution. That's exactly what this bill does. People throughout my district have expressed to me the harmful effects of Obamacare on their families and small businesses. We're not going to have state employees doing the dirty work of the federal government when it comes to infringing on our liberties."
The Alabama Freedom of Health Care Act cites the Tenth Amendment to the United States Constitution, which provides that the federal government is authorized to exercise only those powers delegated to it in the Constitution. The bill states that the Patient Protection and Affordable Care Act of 2010 "grossly exceeds the powers delegated to the federal government in the Constitution" and therefore cannot and should not be considered the supreme law of the land (Article VI, Clause 2 of the Constitution).
The bill goes on to state that "no agency, officer, or employee of the state, or any political subdivision thereof, may engage in an activity that aids any agency in the enforcement of those provisions of the Patient Protection and Affordable Care of 2010 or any subsequent federal act that amends (it) that exceed the authority of the United States Constitution." The Alabama Freedom of Health Care Act empowers the state legislature to take "all necessary actions to ensure that all agencies, departments and political subdivisions of the state" do not aid in the implementation of portions of the Affordable Care Act that exceed the authority of the United States Constitution.
The Alabama Attorney General is also empowered by the bill to bring court action in the name of the state if he has "reasonable cause to believe that a person or business is being harmed by the implementation of the Patient Protection and Affordable Care Act of 2010." Such action could be taken against "the person or entity causing the harm to restrain by temporary restraining order, temporary injunction, or permanent injunction the use of such method, act, or practice."
Rep. Moore was elected to the Alabama House of Representatives in 2010. He represents House District 91, which is composed of most of Coffee County.