A conservative group misleads Kansas voters in campaign mailers that claim a failed proposal to amend the state’s Constitution would have allowed residents to opt-out of “Obamacare.”
No state law can do that. The U.S. Constitution’s Supremacy Clause explicitly states that federal law is the “supreme Law of the Land.”
The proposed Kansas Health Care Freedom Amendment, like several similar state proposals and laws, declared that no law can compel Kansans to buy health insurance or require them to pay a fine for lacking it.
The legislation failed in the Kansas Senate in February by one vote, preventing it from appearing on the November ballot for final voter approval. Law professors and the Congressional Research Service have said such laws would have “no effect” on the federal law.