Analysis: In health care debate, Supreme Court justices dance a little side step
"A titanic constitutional struggle, the most important case in nearly 80 years on the limits of congressional regulatory power and the justices spend the day focused on . . . the Anti-Injunction Act of 1867.
What? That obscure piece of Civil-War era legislation says that before an individual can challenge a tax in court, said tax has to actually be levied. Applied to health-care, the justices might construe the 1867 law as requiring a three-year delay in considering the health-care law’s constitutionality. It will take that long for the health-care law’s penalty (or is it a tax?) for not purchasing health insurance to kick in."
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