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Tough Day for Affordable Care Act

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It was hard going for Solicitor General Donald Verrilli, pictured above and below, as a majority of the Justices expressed skepticism about about the individual mandate provision of the new health care law. SC120327_Verrilli
Former Solicitior General Paul Clement, now representing the challengers to the Affordable Care Act, appeared to win today’s round. SC120327_Clement
Round three tomorrow.

Mike Sacks has it covered here.

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.

 

Fourth Circuit Considers Health Care Law

A few sketches from today’s arguments ( which can be heard here ) in Liberty University v. Geithner and Virginia v. Sebelius, both cases concerning the individual mandate in the new Obama-sponsored health care law.

Pictured below : Mathew Staver, the attorney for Liberty University arguing before the Fourth Circuit three-judge panel.   ACA110510wide

Judge Andre Davis :  ACA110510_Davis

Acting Solicitor General Neal Katyal and Judge Diana Gribbon Matz :  ACA110510_Motz

Judge James Wynn :  ACA110510_Wynn

Andrew Cohen’s intelligent analysis can be found here.