Follow Nicole as she live blogs Day 2 and 3 of Oral Arguments with other health policy experts: http://www.nationalreview.com/critical-condition/294473/obamacare-supreme-court-liveblog-day-two-avik-roy
Follow Nicole on Twitter during The Supreme Court Oral Arguments: @nic_fisher
Beginning Monday morning, the Supreme Court of the United States heard part one of what will be three long days of oral arguments addressing portions of the Patient Protection and Affordable Care Act (PPACA). Monday morning’s 89 minutes of oral arguments addressed whether the Anti-Injunction Act of 1867 blocks the Court from hearing cases against the individual mandate if it is deemed a "tax". The individual mandate itself will be heard by the High Court today in an estimated two hours of oral arguments.
The mandate, which forces all Americans to purchase health care insurance, is scheduled to go into effect in 2014, but will not really impact individuals until 2015. As of yesterday, the Court had three arguments to consider, including whether the Anti-Injunction Act does not bar the Supreme Court from hearing about a tax issue before the tax is implemented, whether the Anti-Injunction Act bars only some questions of taxation, or whether the Anti-Injunction Act does not apply because in the case of the individual mandate because the tax is not a tax, but actually a "penalty".
Justice Ginsburg made it clear that she did not believe the penalty was a tax by saying that she believed "This is not a revenue-raising measure… If successful, nobody will pay the penalty, and there’ll be no revenue to raise." Her idea appeared to be supported by Justice Breyer. In contrast, Alito used harsh and suggestive words when claiming, "today you’re arguing that the penalty is not a tax. Tomorrow you’ll be back… arguing that the penalty is a tax" during arguments from the court-appointed amicus curiae.
The thing that became most clear from the audio and transcripts released after the arguments was the sentiment that the Supreme Court has no intention of punting the decision. Justices were very vocal and active, demonstrating their intent to make decisions on all portions of PPAC that come before the Court, and most likely in June of 2012.
As the three days of oral arguments continue, be sure to follow the live blogging through Forbes and NRO, and send any thoughts, questions and suggestions.
For more information and transcripts, see below.
Monday’s Supreme Court Transcript and Audio: http://www.c-span.org/Events/C-SPAN-Coverage-of-Health-Care-Oral-Argument/10737429097-5/
