The Washington Examiner reports that any expectation of a speedy resolution to the various federal lawsuits challenging the federal health care law may be dashed. The three-judge panel for the 4th U.S. Circuit Court of Appeals (all Democrat appointees) reviewing the case filed by the state of Virginia has asked the parties to
file supplemental briefs by May 31 explaining the consequences if the court holds that the Anti-Injunction Act applies. That’s a bomb for one simple reason: The Anti-Injunction Act applies to federal taxes.
If the panel rules that ObamaCare’s mandates are taxes rather than “penalties” or “fees,” it will be all-but-impossible to get a quick decision on the constitutionality of the law because you cannot challenge a tax until it goes into effect. In this instance, that would be 2014.
All of this shows that elections have consequences, and it’s a gamble to rely on the courts for a swift resolution to disputes over policy, even when matters of constitutional law are at issue.
