Day 1 of Supreme Court Arguments in Health Care Overhaul

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The first issue before the Court was the Anti-Injunction Act of 1867 which says that you can’t challenge a tax until it’s been collected. Under the new Affordable Care Act if you don’t have health insurance you pay a penalty, and because that penalty is assessed depending upon your income and is collected by the IRS it could be seen as a tax. And since that tax has yet to be collected an appeal is premature, a position neither side is claiming and so the Court appointed Washington lawyer Robert A. Long, pictured below, to play devil’s advocate, or more properly amicus curiae. SC120326_Long
Lyle Denniston’s take on today’s arguments here.

 

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Courtartist is me, Art Lien. I've been sketching the courts since 1976, and for most of that time the U.S. Supreme Court has been my regular beat. I've been working almost exclusively for NBC News since 1980. Courtroom sketching is a form of visual journalism or reportage drawing that is slowly dying out. Where once upon a time news organization each had their own artist covering a story, today a "pool" artist often sketches for all. It is a demanding and stressful discipline where the drawing is often done directly and under tight deadline.

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Posted in Arguments, Supreme Court

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