sactoking
Diamond Member
- Sep 24, 2007
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Nope. State-based regulation of insurance is based in the McCarran-Ferguson Act of 1945. It can be overridden, such as the ACA, but it takes an act of Congress to do so.The federal supremacy Doctrine will supersede any state law if one exists that is in conflict with it. If Trump creates an executive order with specific rules that are in conflict with an existing state law they will have to switch gears and get on board the new policy. Health insurance is something that should be legislated as it takes time for research which historically results in a more comprehensive package. The legislative branch has a duty to create needed laws, however, they need to leave this health care issue alone and focus on other matters as it isn't the only pressing issue on our plates.
An executive order stipulates how an executive branch agency is to interpret and enforce laws enacted by Congress but it cannot change those laws. Any executive order to allow sales across state lines would apply to federal agencies like Health and Human Services but the states would retain full rights to prosecute, fine, banish or otherwise punish unauthorized and illegal sales to residents.