NASHVILLE -- State Attorney General Bob Cooper says a court likely would determine that a bill that would allow Tennesseans to ignore the new federal health care reform law actually is "pre-empted" by the U.S. Constitution.
In his written legal opinion issued Tuesday, Mr. Cooper said the Constitution's Supremacy Clause likely would overrule the state law, called the Health Freedom Act. The clause says federal laws outrank state laws and states must abide by them, even if they conflict with state laws or constitutions.
Mr. Cooper also questioned the Health Freedom Act's directive that he represent residents and businesses objecting to the federal law. That "could also raise separation of powers concerns" because his office is part of the state's judicial branch, his opinion said.
On Tuesday, House Commerce Committee members briefly discussed the Health Freedom Act, sponsored by Rep. Mike Bell, R-Riceville, and Mr. Cooper's opinion.
Mr. Cooper's legal opinion "seems pretty clear-cut to me," said Rep. G.A. Hardaway, D-Memphis.
But Rep. Bell sought to downplay Mr. Cooper's concerns as "one man's opinion."
"Yes, it is my intent to go through with this, to try to offer the people of Tennessee who would choose not to participate in this health care program a level of protection," Rep. Bell said.
Later, he noted that the issue "is something we can allow the courts to settle. ... Any bill that we pass can be challenged on its constitutionality, and this one very well may be at some point."
More than a dozen other states are suing to block the recently passed federal health care law's provisions requiring everyone to obtain health insurance, which would be subsidized for those who cannot afford it.
During the committee hearing, Rep. Jimmy Naifeh, D-Covington, unsuccessfully tried to amend the bill to say that those refusing to obey the new law also lose any right to participate in other federal health care programs such as Medicare.
Rep. Naifeh then requested Mr. Cooper testify in front of the committee. To stall for time, Rep. Naifeh began slowly reading Mr. Cooper's opinion.
Rep. Curry Todd, R-Collierville, objected and moved that the committee adjourn, a nondebatable motion that carried on a 17-14 vote. Rep. Todd and two other Republicans joined most Democrats in voting to adjourn.
Rep. JoAnne Favors, D-Chattanooga, who last week was shouted at by tea party protesters for criticizing another lawmaker's version of Rep. Bell's bill, supported the adjournment motion. Voting "no" was Rep. Gerald McCormick, R-Chattanooga.
Tea party members were quiet during Tuesday's meeting.
After the meeting, Rep. Bell attributed "political games" to the measure's delay, saying, "people don't want to vote."