We use cookies, including third-party cookies from Google to serve personalized ads through AdSense, to operate this site and understand how it is used. By continuing to browse, you accept this use. See our Privacy Policy and Terms of Use for details, including how to opt out of personalized advertising.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: Excerpts from Monday’s Supreme Court Arguments
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > News > Excerpts from Monday’s Supreme Court Arguments
NewsPolicy & Law

Excerpts from Monday’s Supreme Court Arguments

Gary Levin MD
Gary Levin MD
Share
3 Min Read
SHARE


 


 

More Read

car accident injuries
Serious Car Accident Injuries: Symptoms, Treatments, Recovery
Treating Tumors, Not Patients
If Airlines Were Run Like Healthcare – Video
NCOA Publishes 10 Senior Scams to Beware
Medical Malpractice Reform Losing Physician Support

Arguments were presented about whether legal challenges to President Barack Obama’s health care law are premature under the Anti-Injunction Act, which bars lawsuits against a tax until after the tax is paid.

Solicitor General Donald Verrilli: This case presents issues of great moment and the Anti-Injunction Act does not bar the Court’s consideration of those issues.

Donald Verrilli

 

Robert A. Long:  (amicus curae, friend of the court)

Somewhat to my surprise, “tax” is not defined anywhere in the Internal Revenue Code.

Justice Sonia Sotomayor:

Assuming we find that this is not jurisdictional, what is the parade of horribles that you see occurring if we call this a mandatory claim processing rule? What kinds of cases do you imagine that courts will reach?

Justice Antonin Scalia:

If it’s not jurisdictional, what’s going to happen is you are going to have an intelligent federal court deciding whether you are going to make an exception. And there will be no parade of horribles because all federal courts are intelligent.

Justice Stephen Breyer: What we want to do is get money from these people. Most of them get the money by buying the insurance and that will help pay. But if they don’t, they are going to pay this penalty, and that will help, too.

Justice Samuel Alito: Today you are arguing that the penalty is not a tax. Tomorrow you are going to be back and you will be arguing that the penalty is a tax. Has the Court ever held that something that is a tax for purposes of the taxing power under the Constitution is not a tax under the Anti-Injunction Act?

Verrilli: No, Justice Alito, but the Court has held in the license tax cases that something can be a constitutional exercise of the taxing power whether or not it is called a tax. And that’s because the nature of the inquiry that we will conduct tomorrow is different from the nature of the inquiry that we will conduct today. Tomorrow the question is whether Congress has the authority under the taxing power to enact it and the form of words doesn’t have a dispositive effect on that analysis. Today we are construing statutory text where the precise choice of words does have a dispositive effect on the analysis.

All food for thought for every physician, and American

 

 

TAGGED:ACAhealthcare lawindividual mandatesupreme court
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5KFollowersLike
4.5KFollowersFollow
2.8KFollowersPin
136KSubscribersSubscribe

Latest News

Flat editorial illustration: A single digital quality-management platform connects document control, electronic approval, audit r
6 Best QMS Software Platforms for ISO 13485 and FDA Part 820 (QMSR)
Global Healthcare Policy & Law
November 12, 2026
Flat editorial illustration: Healthcare editorial illustration about accurate patient intake connecting registration, clinical re
The Role of Patient Data Accuracy in Healthcare Operations
Global Healthcare Policy & Law
November 11, 2026
Flat editorial illustration: Healthcare ethics-and-law training, shown through a coached clinical role-play where structured disc
Medical Ethics and the Law: The Training Behind Professionals Who Resolve Healthcare Disputes
Uncategorized
November 6, 2026
Flat editorial illustration: The article connects routine occupational health screening with early exposure detection and better
What Routine Workplace Health Monitoring in Medical Environments Actually Prevents
Uncategorized
November 6, 2026

You Might also Like

Where is the Device Industry’s Seat at the “Network of Experts” Table?

December 9, 2011
Health careWellness

4 Ways to Stay Healthy While Working in Healthcare

July 16, 2018

Medicaid Expansion: Will We get our Money’s Worth?

January 11, 2012
Medical EthicsNews

In the Firing of Joe Paterno or in Medical Malpractice – Hindsite is 20/20

November 14, 2011
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2026 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?