SCOTUS: Green Light to Address Merits of ObamaCare? | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

By Jay Sekulow1332792052000

The first day of oral arguments before the high court concerning the constitutionality of ObamaCare focused on whether the 1867 Anti-Injunction Act (AIA) applies to this case. The AIA bars claimants from asking for a refund on a tax until that tax has been collected and paid. If the high court concludes the AIA applies to ObamaCare, it would force the Justices to punt on ObamaCare for now, putting off a decision on the health care law for a number of years.

Predicting what the high court will determine is never easy. But based on questioning from the Justices in court today, I don't think that's likely to happen. It was very clear that Justices on both sides of ObamaCare expressed doubt that the AIA applies - a  move that would clear the way for the constitutional challenge to ObamaCare's key provision, the individual mandate, to move forward now, not later.

As I told Megyn Kelly on FOX News today, it was a bit puzzling that the high court spent 90 minutes on oral arguments on this issue about whether they can even proceed with the ObamaCare challenge, but I am optimistic that the high court will reach the merits. You can watch the interview here.

The complete audio of the oral arguments and a transcript are posted here.

Coming up tomorrow: the main event - the individual mandate - and whether Congress overstepped its authority when it put in place a mandate that compels Americans to purchase pro-abortion health care, or face financial penalties.

As I told Megyn Kelly, I don't think we got a sense from the questioning today about how the Justices view the individual mandate. Having argued more than a dozen cases before the high court, I can tell you from personal experience, it's never easy to read the tea leaves and determine the outcome of a case based on oral arguments. But one thing is clear to me: this will be a very close case.

And I do remain hopeful that the Justices will not only get to the heart of the matter, but ultimately determine that ObamaCare - including the individual mandate - is the wrong prescription for America's health care system, and is unconstitutional as well.

Join me for Day 2 analysis tomorrow on our radio broadcast and at 2:30pm eastern on FOX News with Megyn Kelly.

Latest in
ObamaCare

Time for the Senate to Act on ObamaCare

By Jay Sekulow1500479623553

Against the backdrop of exploding insurance premiums and vanishing options for healthcare, it is time for the U.S. Senate to deliver on the promises its members have been making to voters for more than seven years. For multiple election cycles in a row, a majority of the U.S. Senate has campaigned...

read more

Senate Introduces New Health Care Bill

By Harry G. Hutchison1498171624326

Pro-abortion ObamaCare was passed through unrivaled fanfare and massive deception. Reflecting sharply rising insurance premiums and coercive mandates, it has become a colossal failure. Planned Parenthood, the nation’s largest abortion provider, has vociferously supported ObamaCare despites its...

read more

U.S. House Acts to Jettison ObamaCare

By Harry G. Hutchison1494010533262

We are on the verge of decisive victories for the American people. Yesterday , the U.S. House of Representatives voted to overhaul ObamaCare and eliminate nearly half a billion dollars of funding for Planned Parenthood by passing the American Health Care Act (AHCA) as part of its Budget...

read more

Breaking: House Votes to Repeal ObamaCare

By Jay Sekulow1493922151355

The House of Representatives has just voted to repeal ObamaCare and defund Planned Parenthood. This is a tremendous pro-life, pro-freedom victory for all Americans. We’ve been fighting for this for the better part of a decade. We're very pleased that the House has followed through with one of...

read more