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
  • 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

“Closing Loopholes” Could be a Form of Health Care Reform
Is The Family Practice Shortage A Management Problem?
Inattentional Blindness and the Invisible Gorilla Study: Are Radiologists at Risk?
Are ACOs the New HMOs?
Lankford Introduces Legislation Giving Congressional Authority to Interstate Health Care Compact

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

What to Look for in IT Compliance Solutions for Health Care Providers
What to Look for in IT Compliance Solutions for Health Care Providers
Global Healthcare Policy & Law
September 24, 2025
male doctor massaging shoulders of patient
A 6-Step Guide to Physiotherapy for Sports Injuries
Therapy
September 24, 2025
Breaking Mental Health Stigma
The Importance of Breaking Mental Health Stigma in 2025
Mental Health
September 23, 2025
scientist using microscope
Considerations for Sourcing PCR Primers for your Healthcare Project
Health
September 20, 2025

You Might also Like

What Is the Penalty for a HIPAA Violation?

February 11, 2014

Quality and Cost Savings Through Consumer Engagement

February 24, 2011
health benefits on Marijuana
NewsPolicy & Law

California Advocates Cite Health Benefits of Cannabis Legalization

June 16, 2017

Health Care Costs and the Medical Malpractice Myth

January 21, 2014
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?