On Monday, the Supreme Court began hearing oral arguments addressing the Patient Protection and Affordable Care Act. Day one of the oral arguments focused on the application of the “Anti-Injunction Act,” which could prohibit the Supreme Court from ruling on the constitutionality of PPACA (if it is considered a tax law) because the penalties would not become applicable until 2015. Although both parties agree that the Supreme Court’s review should not be barred by the Anti-Injunction Act, the Supreme Court is required to determine whether the issues to be considered regarding PPACA are within the scope of its jurisdiction. Most commentators agree that based on the Justices’ questions regarding this issue, it is unlikely that the Supreme Court will postpone their review until the penalties become applicable.
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