ABA Journal: The U.S. Supreme Court begins three days of arguments today on the Obama administration’s health care law by considering whether the case was brought too soon.
The law requires Americans to have health insurance by 2014 or to pay a penalty on April 2015 tax returns. The question for the justices today is whether the penalty is a tax and, if so, whether an 1867 federal law called the Anti-Injunction Act bars courts from hearing a challenge until the tax is paid. The New York Times, the Washington Post and ABAJournal.com report on the issue.
Former Solicitor General Paul Clement, who represents states challenging the law, said in remarks earlier this month that he feels sorry for people who camp out to see today’s arguments, Bloomberg News reported at the time. “I think of that as a kind of practical joke that the court is playing on the public,” Clement said. “Some people are going to stand out all [Sunday] night trying to get a seat for the health care argument, and they’re going to hear all this discussion about this Anti-Injunction Act—about the most boring jurisdictional stuff one can imagine.”
Continue reading Obamacare arguments: day one.