By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
    Health
    Healthcare organizations are operating on slimmer profit margins than ever. One report in August showed that they are even lower than the beginning of the…
    Show More
    Top News
    photo of hands with blue veins
    8 Proven Tips on Finding Difficult Veins
    November 12, 2021
    tips for getting over the pandemic blues
    4 Proven Ways to Get Over the Pandemic Blues
    February 22, 2022
    medical industry innovations
    How is CNC Machining Transforming the Medical Industry?
    June 2, 2022
    Latest News
    The Wide-Ranging Benefits of Magnesium Supplements
    June 11, 2025
    The Best Home Remedies for Migraines
    June 5, 2025
    The Hidden Impact Of Stress On Your Body’s Alignment And Balance
    May 22, 2025
    Chewing Matters More Than You Think: Why Proper Chewing Supports Better Health
    May 22, 2025
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
    Policy and Law
    Get the latest updates about Insurance policies and Laws in the Healthcare industry for different geographical locations.
    Show More
    Top News
    Transformational and Disruptive Changes Are Coming to the Delivery System
    July 22, 2012
    Telemedicine and the PCP Cliff
    November 30, 2012
    Engaging Specialty Practices in the Patient Centered Medical Neighborhood
    March 24, 2013
    Latest News
    Streamlining Healthcare Operations: How Our Consultants Drive Efficiency and Overall Improvement
    June 11, 2025
    Building Smarter Care Teams: Aligning Roles, Structure, and Clinical Expertise
    May 18, 2025
    The Critical Role of Healthcare in Personal Injury Recovery: A Comprehensive Guide for Victims
    May 14, 2025
    The Backbone of Successful Trials: Clinical Data Management
    April 28, 2025
  • 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
Last updated: March 27, 2012 8:35 am
Gary Levin MD
Share
3 Min Read
SHARE


 


 

More Read

Image
Age-Related Memory Loss, or “Where Are My Car Keys”?
Chart Review: A New Carnival for Academic Medicine Blogs
The Return of Open Enrollment
Ten Questions to Ask Your Doctor?
Telemedicine: CY 2015 MPFS Reportage and Dangers of the Echo Chamber

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

Streamlining Healthcare Operations: How Our Consultants Drive Efficiency and Overall Improvement
Global Healthcare Policy & Law
June 11, 2025
magnesium supplements
The Wide-Ranging Benefits of Magnesium Supplements
Health
June 11, 2025
Preparing for the Next Pandemic: How Technology is Changing the Game
Technology
June 6, 2025
migraine home remedies and-devices
The Best Home Remedies for Migraines
Health Mental Health
June 5, 2025

You Might also Like

dementia patients
Home HealthNews

Boomer Voice: Service Dogs Help Dementia Patients and Their Caregivers

July 24, 2013

Looking Ahead to an Unpredictable Future

November 2, 2011

How crazy is Ted Cruz’s FDA reform proposal?

January 4, 2016

“Never Events” Happen

December 21, 2012
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?