Judge Andrew Napolitano said South Carolina has the Constitutional right to pass a bill that would essentially nullify or eliminate Obamacare. The bill, entitled "South Carolina Freedom of Health Care Protection Act," was voted on and passed by a 65-34 vote in the state House of Representatives last April. Now, it moves on to the Republican-controlled state Senate that will be fast-tracked and could quickly be signed into law by South Carolina Governor Nikki Haley.

Here is what Napolitano had to say about the proposed legislation:

"Basically, what South Carolina is doing is instructing employees of the state of South Carolina to not to participate in facilitating the law and to prohibit the expenditure of public funds on the law," said Napolitano.

Napolitano added, "If the President wants Obamacare in South Carolina, the feds will have to pay for it, and the feds will have to establish it."

He cited that the original version of Obamacare required the states to establish and pay for their own exchanges. The Supreme Court said that the federal government does not have that authority to "commandeer" or force a state to spend money, he explained.

"So, South Carolina can do this," said Napolitano.

If South Carolina successfully does this, he said Republican-led states will follow.

"If enough states do this, it will gut Obamacare," he added.