Tennessee's New Health Freedom Act Clears a Hurdle in State Legislature

THIS FROM Humphry on the Hill. I applaud the TN State Legislature. Of course the constitutional issue of whether new federal health mandates can be superceded by a state laws such as this will wind its way through the courts and remains to be seen. I believe this state law would be legal. Why else would our Founding Fathers set up a federal system, specifically enumerating and limiting powers of the federal government? This is truly a fascinating time to be an American and a Tennessean too:

THE TENNESSEE HEALTH FREEDOM Act was approved 19-11 today by a House committee where it had stalled a week earlier.

The bill (HB3433) by Rep. Mike Bell, R-Riceville, declares that Tennesseans can ignore a federal health care law that includes penalties for those who refuse to get health insurance. The panel also approved a proposed amendment to the state constitution that that has similar language (HJR745) to Bell's bill.

The bill also says the attorney general has a duty to fight the federal law in court, though Attorney General Bob Cooper said in an opinion last week that the bill, if enacted, would be invalid because it is preempted by federal law. Cooper also said he could not defend the proposed law in court.

The House Commerce Committee approval sends the measure to the Calendar Committee, where approval is typically routine. The bill, already approved by the Senate, could then be scheduled for a floor vote - perhaps as early as Thursday, but more likely next week.

Commerce Committee approval came after almost an hour of debate, which included defeat of amendments proposed by House Speaker Emeritus Jimmy Naifeh and Rep. Mike Stewart of Nashville, both Democrats.

Naifeh proposed an amendment that would have prevented Tennesseans choosing to ignore the federal law from receiving federal Medicare benefits as well. Stewart proposed an amendment to declare that the new law could not be used to expand the power of insurance companies to deny coverage.

In his concluding remarks, Bell compared the current state-federal government relationship to an "inspirational poster" showing a frog about to be eaten by a "large water bird, maybe a crane" that has grabbed the bird around its neck in a desperate effort to avoid being swallowed.