Thursday, February 23, 2012

Delaying the Supreme Court Case on the Affordable Care Act?

Well, for those of you still interested in the outcome of the Supreme Court's review of the Affordable Care Act, it appears that there may be a fly in your  - as the case may be. 

Sahil Kapur, congressional reporter for the Talking Points Memo website, reported two days ago that the Supreme Court may be looking at delaying the decision on the Affordable Care Act until 2014 which would, of course, be after the presidential election. You can read more about it in his article here:

The gist of the matter seems to be that the Court has appointed two attorneys to present arguments that the individual mandate penalty under the Affordable Care Act acts more like a revenue tax than a penalty and, as such, would come under the purview of the Anti-Injunction Act (AIA).  The AIA does not permit the Court to halt a tax that is not in effect yet.  The "penalty" under the Affordable Care Act goes into effect in 2014.  Kapur raises the question whether the Court is just doing due diligence by having the matter briefed and argued - or does the Court want to avoid election year politics.  You may decide and talk amongst yourselves. 

Pass the popcorn anyone?

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