Obamacare at the Supreme Court: Day One

Uploaded by HeritageFoundation on 26.03.2012

The issue today was somewhat of a technical one,
but very important to the court.
There's a statute that says that
if your challenging most taxes, you first have to pay the tax,
ask your refund,
wait six months,
and then, and only then, can you challenge most taxes.
the question was whether
the penalty
that is collected by the IRS
should be treated like one of those taxes. If that's the case then
this suit,
or at least the challenge to the individual mandate, would have to wait until at
least late
two thousand fifteen. None of the justices who spoke today, and eight of them
raised questions, seemed willing
four or five years.
I think that all of us in the courtroom today
should have come out with a similar conclusion that the justices are not
going to find that the Anti Injunction Act
bars consideration
of the individual mandate claims.
And the only question is on what ground will the justices decide that the
Anti Injunction Act doesn't apply.
For those of us who really care about the challenge to the Obamacare statute
itself, or who especially care about the constitutional issues at stake, what's
really important is that
this Anti Injunction Act is not a bar. We can get to day two, we can get to day three,
and the justices will decide at least some of those more important issues.
The preview for tomorrow is let's say the big event.
The big event is whether it is constitutional for congress to require
all individuals
to purchase
or obtain health insurance and there was a little bit of a hint in today's
argument about that because one of the contradictions in the United
States government's cas is they say that the mandate and the penalty is and not a
tax under the Anti Injuction Act,
but it is a tax
under the Constitution.
And one of the justices today asks the solicitor general if that wasn't a
contradiction in terms, and the solicitor general, without
any fluster, maintained his position, which some people might
think his a little bit too thin.