• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Galen Institute

  • Home
  • About Us
    • Mission and History
    • Grace-Marie Turner bio
    • Who was Galen?
    • Donate to Galen
  • Activities
    • Core Activities
    • Commentary and Oped Tutorial
    • Our Book
    • Galen Guides
  • Contact Us
  • Major Papers
  • Broadcast Interviews
  • Health Policy Consensus Group

Tom Miller: Obamacare goes to court, part three: We won’t have the Anti-Injunction Act to kick around in this case anymore

POSTED BY Galen Institute on March 27, 2012.

In Monday morning’s oral argument at the Supreme Court, Solicitor General Donald Verrilli, Jr. juggled several legal balls in the air simultaneously while keeping a straight face. And he probably provided the most workable path for the Court to conclude that the Anti-Injunction Act (AIA) will not keep it from reaching a decision on the merits in the constitutional law challenges to the individual mandate under the Affordable Care Act (ACA).

Verrilli first had to insist that the 19th century AIA is a jurisdictional limit on courts, and not just a claims processing rule, regarding pre-enforcement challenges to the assessment or collection of any “tax” before it is due. As a general rule, the federal government does not want to concede its broad powers to collect revenue without facing early interference by prospective taxpayers. Nor did Verrilli want to abandon completely the Obama administration’s fading argument that the individual mandate still could be upheld as part of the constitutional powers of Congress to raise taxes and spend money to promote the general welfare (instead of as part of the power of Congress to regulate interstate commerce).

Continue reading on The Enterprise Blog…

Filed Under: Uncategorized

Primary Sidebar

SEARCH

NEW

An American Renaissance in the Care of Health

Our Annual Report

New Paths to Progress

The Laffer Curve

Subscribe to our Newsletter

* = required field
unsubscribe from list
(After subscribing, you will receive a confirmation email which is frequently found in the junk mail folder.)

Recent Newsletters

Social Media

Like Us On Facebook

Twitter:
@gracemarietweet
@galeninstitute

Copyright Galen Institute at Donors. © 2025; · Log in