Attorney General's Weekly Newsletter
Volume 9, Issue 66 • March 26, 2012

The United States Supreme Court heard 90 minutes of argument this morning on whether the federal Anti-Injunction Act prohibits the plaintiffs from bringing the challenge to the individual mandate at this time.

The Anti-Injunction Act in no way applies or bars the Court from deciding the issue of the constitutionality of the individual mandate.

The Anti-Injunction Act applies to ‘taxes,’ whereas the healthcare act imposes a 'penalty' on those who fail to get coverage, not a 'tax.' The federal government has agreed that the AIA does not apply, which severely undermines its claim that Congress can impose the mandate under its taxation powers.

It's clearly in the best interest of our citizens and our businesses that the Court not delay ruling on the constitutionality of the mandate.