WASHINGTON, D.C. - This
week, the U.S. Supreme Court is hearing arguments on legal
challenges to the Affordable Care Act, with yesterday being the opening day
as the justices considered if the court cases were premature, the Los Angeles Times reports.
The justices are looking
at the Anti-Injunction Act dating to 1867, which says, "No suit for the purpose
of restraining the assessment or collection of any tax shall be maintained in
any court by any person." That could be interpreted as blocking a lawsuit
against a key part of the law if it a tax is imposed because no one can file a
lawsuit over a tax provision unless he has actually paid the tax.
The Affordable Care Act
could be construed as imposing a tax because of the "penalty" assessed on those
who do not have minimum health care coverage in 2014. That penalty would have
to be paid on their tax return due April 15, 2015.
Both the challengers and
the Obama administration all agreed that the health-care law is not a tax law.
At issue is the constitutionality of the provisions, which federal and state
health officials need clarification on before implementing the law.
However, the justices
think they should not even rule on the issue if law says they shouldn??t. It??s
hard to say whether the justices will indeed decide that it??s premature to rule
on the lawsuits
Tomorrow, the justices
will hear arguments on the states?? right challenge to the expansion of
Medicaid. On Friday, the nine judges will hold a closed-door meeting to review
the entire case and vote.