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To: StAnDeliver

lyle :”Interesting, at least to scholars, that while the mandate and its attached penalty are a tax for purposes of its constitutionality, but not for the Anti-Injunction Act. If it were a tax for AIA purposes, this case would not have been decided re the mandate. “


419 posted on 06/28/2012 7:54:29 AM PDT by RummyChick
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To: RummyChick
That's quite interesting. Since the Court decided the "individual mandate" was a tax, under the Anti-Injunction Act (AIA), federal courts should not be hearing ObamaCare cases until it's fully implemented and someone pays a penalty in 2015. That's what the 4th Circuit found while two other Circuits believed AIA didn't apply to the mandate.

Bizarre.

527 posted on 06/28/2012 8:14:37 AM PDT by newzjunkey
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To: RummyChick

Right, the whole maj decision is a cheat to avoid addressing the Severability Clause. It smacks of Warren/Burger-era paralogisms...


564 posted on 06/28/2012 8:22:31 AM PDT by StAnDeliver (=)
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