Supreme Court Delays ObamaCare Ruling?

The Supreme Court has extended the already lengthy time given to ObamaCare for oral arguments by 30 minutes. Doesn’t sound like much to me, but according to Freedom Works this time is to be given to the Tax Anti-Injunction Act. Author Dean Clancy believes this may be a real set back.

The following is just a snippet of a much more detailed article. Read it here.

First enacted in 1867, the Tax Anti-Injunction Act sweepingly forbids any court from hearing any case in which any person attempts to prevent the assessment or collection of a tax. Once the tax has been assessed and collected, however, a court may hear a case on it…

The expanded time given to the Tax Anti-Injunction Act issue suggests two things:

1) The high Court is taking seriously the idea that the mandate is a tax — the strongest possible basis for finding ObamaCare constitutional.

2) If the Court decides that the mandate is a tax, it may be forced to postpone a ruling on the mandate’s constitutionality until after the tax has actually been collected on a citizen — three years hence.

According to Clancy, the ruling could be delayed until 2016. Go read the details. (thanks to Judy W)

Posted by Maggie @ Maggie’s Notebook

  • cmacrider

    Does the SCOTUS not have a provision by which they can hear “Reference Cases”. In Canada we have such a provision which allows them to consider the constitutionality of a case as a hypothetical situation … i.e. as if the tax had been collected?