Supreme Court Unlikely To Defer Ruling on Federal Health Reform Law March 27, 2012 Health Care Reform, News Federal Health Reform Law, Supreme Court 0 On the first day of oral arguments in the Supreme Court case against the federal health reform law, justices seemed supportive of the idea that they can rule on the law now, rather than defer judgment until after its penalties take effect. The Supreme Court has posted audio transcripts and a written transcript of Monday's proceedings on its website. Monday’s Arguments The nearly 90 minutes of arguments on Monday focused on whether the tax anti-injunction act— which states that cases cannot be brought until a plaintiff has paid a tax—prevents the court from ruling until 2015. Both opponents of the law and the White House have argued that the law does not apply and have urged the Supreme Court to hear the case now rather than wait. Arguing for the Anti-Injunction Act In three minutes of opening remarks, Robert Long, the court-appointed lawyer who is making the argument that the anti-injunction act applies, described the health reform law as a “pay first, litigate later” law. He noted that the penalty for not purchasing health coverage under the individual mandate carries all the hallmarks of a tax, including that it will be assessed and collected by the Internal Revenue Service. Arguing Against the Anti-Injunction Act According to Wall Street Wire, U.S. Solicitor General Donald Verrilli, representing the defendants, faced “less hostile questioning” than Long, which could indicate that the court is likely to rule that the anti-injunction act does not apply in this case. Tuesday’s Arguments On Tuesday, the court is slated to hear oral arguments on the constitutionality of the reform law's individual mandate. Verrilli will represent the federal government, while Paul Clement will represent the states and Michael Carvin will represent the National Federation of Independent Business. Click here to hear Tuesday’s oral arguments. Source: California Healthline, March 27, 2012. Comments are closed.
