Commentary: Health care law challenge should not be barred — A regulatory penalty is not a tax

, The National Law Journal


Before reaching the issue of whether the federal government can constitutionally require people to buy health insurance, the U.S. Supreme Court will grapple with whether such a challenge can even be brought in light of an obscure statute called the Tax Anti-Injunction Act (AIA). Indeed, the Court recently added half an hour to the time allotted to this issue — 90 minutes total — on the first day of arguments in the case challenging the Affordable Care Act, March 26.

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