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Constitutionality of the Affordable Care Act (Oral Arguments, Day 1)

Oral arguments began today at the Supreme Court over the long-awaited ruling on the Affordable Care Act, affectionately known by some as ObamaCare. has an excellent summary of today’s arguments.

Basically, the arguments centered around the applicability of the Tax Anti-Injunction Act of 1867, where the main crux of the argument for this Act is based on the idea that since ObamaCare won’t have full tax enforcement (or penalty enforcement, depending on your legal perspective), the Supremes cannot therefore rule against something which has not yet taken effect.

So far, at least according to the tone of oral arguments, the Justices don’t seem to completely buy into TAIA as being an insurmountable issue.

Arguments over the individual mandate may be heard tomorrow, followed by discussions over severability.


phil [at] therightsideoflife [dot] com