Health act arguments open with obstacle from 1867

The New York Times, March 26, 2012

On Monday, the justices will consider whether they are barred from hearing the case until the first penalties come due in 2015. The United States Court of Appeals for the Fourth Circuit, in Richmond, Va., ruled last year that it was powerless to decide the law's constitutionality for now, and a prominent judge on the United States Court of Appeals for the District of Columbia Circuit agreed. Their opinions relied on an 1867 federal law called the Anti-Injunction Act. In other words, people who object to taxes must pay first and litigate later.


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