Contents tagged with AIA
Filed in: ObamaCare | by Jay Sekulow | 9:29 AM Apr. 9, 2012
Values of Federalism at Stake in Health Care Litigation
This article, co-authored by ACLJ Senior Counsel Ed White, is crossposted at the Jurist. The case of US Department of Health and Human Services v. Florida, challenging the Affordable Care Act (ACA), is one of the most important cases to reach the Supreme Court in recent memory. Underscoring its importance, the parties and amici curiae filed about 150 briefs and the Court devoted more than six hours of oral argument at the end of March to the issues. The Florida case raises four issues: (1) whe Continue Reading...
Filed in: ObamaCare | by Edward White | 8:56 AM Mar. 27, 2012
Day Two of Supreme Court ObamaCare Oral Argument: The Individual Mandate
Today, March 27, 2012, the Supreme Court will hear two hours of oral argument concerning the constitutionality of the individual mandate. The individual mandate is the essential component of ObamaCare. It requires millions of Americans to buy and indefinitely maintain health insurance or face annual penalties. The individual mandate marks the first time in the 220-plus year history of our Constitutional form of government that Congress has required American citizens to purchase a product (in th Continue Reading...
Filed in: ObamaCare | by Matthew Clark | 5:36 PM Mar. 26, 2012
ObamaCare Day 1: What the Justices Said about the Anti-Injunction Act
Today, the Supreme Court heard oral arguments on ObamaCare related to the Anti-Injunction Act (AIA). Essentially the question before the Court today was whether it could even decide the case now or would be forced to wait until all the provisions of the law went into effect. Based on today’s oral arguments the court appeared to wrestle with three possible conclusions: 1) the Anti-injunction Act did not apply because ObamaCare is not a tax, and thus it could hear the case; 2) the AIA appli Continue Reading...
Filed in: ObamaCare | by Edward White | 8:43 AM Mar. 26, 2012
Day One of Supreme Court ObamaCare Oral Argument: The Anti-Injunction Act
Today, March 26, 2012, the United States Supreme Court will begin to hear oral argument in the ObamaCare case. The Court will hear a total of six hours worth of oral argument over the next three days, March 26-28. During the three days, the Court will consider four issues: (1) whether the individual mandate (which requires Americans to buy health insurance from private companies for the rest of their lives or pay annual penalties) is constitutional; (2) whether the individual mandate is severab Continue Reading...
Filed in: ObamaCare | by Edward White | 8:42 AM Feb. 24, 2012
Supreme Court Has Several Options In ObamaCare Case: Some Good, Some Bad
One month from Monday, the Supreme Court will hear six hours of oral argument over three days (March 26-28) in the legal challenge to ObamaCare that was brought by twenty-six States. On the surface, the ObamaCare case is about health insurance. At its core, however, the case represents a clash of competing ideologies about the future of our country. On the one hand, there are those who want this nation to remain as it was founded: a country with a limited federal government, where the bulk of p Continue Reading...
Filed in: ObamaCare | by Edward White | 2:47 PM Feb. 21, 2012
Update On The ACLJ’s Supreme Court ObamaCare Case, Seven-Sky v. Holder
As you know, the American Center for Law & Justice (“ACLJ”) represents individuals in a challenge to ObamaCare. The case, known as Seven-Sky v. Holder, Case No. 11-679, is pending at the United States Supreme Court on a petition for writ of certiorari. We raised two issues in the petition: (1) whether the individual mandate, the part of ObamaCare that requires millions of Americans, for the first time in our nation’s history, to purchase a product (health insurance) from Continue Reading...
Filed in: ObamaCare | by Edward White | 10:51 AM Feb. 13, 2012
The Anti-Injunction Act: What It Is And How It Could Impact ObamaCare
The American Center for Law & Justice (“ACLJ”) filed its third amicus brief today in the ObamaCare case that the Supreme Court will consider this March. This brief addresses the Anti-Injunction Act (“AIA”) issue. The AIA issue is the least publicized of the four issues the Court will consider in the coming months. It is overshadowed by the other three issues: (1) whether the individual mandate (requiring Americans to buy health insurance from private companies for th Continue Reading...
