Senate President Tom Niehaus was on Fox News to discuss the Tea Party’s proposed state constitutional amendment to ban individual health insurance mandates at the local, State, and federal level (and yet, the State of Ohio would still be able to mandate that all Ohioans carry auto insurance if they wish to drive on a public road in Ohio.)

According to a transcript from Fox News, host Bill Hemmer asked Niehaus to respond to “critics” of the bill who suggests that the proposed amendment is, itself, unconstitutional as it violates the U.S. Constitution’s supremacy clause.  That’s when things went a little off-script:

HEMMER: What I read is that there might be a court challenge even before you get to November. I don’t know if that’s the case or not. But critics contend even if it does pass, state law will not trunk (sic) federal law here. Are they right? (emphasis added.)

NIEHAUS: Well, that’s true, but again I think it’s important that voters have an opportunity to tell their elected officials in Washington, and in particular the president of the United States, how they feel about some of his initiatives. (emphasis added.)

(Starting at :57.)

It’s ironic to hear Niehaus talk about overreaching on health care reform right before Hemmer switches to talking about SB 5. It’s pathetic to hear Niehaus deny knowing whether the unconstitutional health care amendment was put on the ballot to try to help SB 5, especially since the Ohio GOP has made it no secret that’s why they helped get it on the ballot and the Republican-led House attempted to pass a resolution to put it on the ballot when it appeared the Tea Party groups might fail to get enough signatures to even submit the petition in time.