The Question: Can the Supreme Court Even Consider the Case Right Now?
Today the Supreme Court heard arguments about whether it needs to wait until 2015 to decide the constitutionality of the federal health care law. The question stems from the arcane 1867 Tax Anti-Junction Act.
The Affordable Care Act (ACA) requires that people purchase health insurance or pay a penalty. Many people say this “penalty” is a tax in disguise. The Tax Anti-Injunction Act bars people from suing over a tax until they actually pay the tax. Since the ACA goes into full effect in 2014, no penalties will be paid until 2015 -- which would be the soonest someone who paid the tax could challenge the constitutionality of the ACA.
The Court seemed skeptical of this argument in today's hearings.
You can listen for yourself here: