The L.A. Times reports:
The Supreme Court justices, beginning an epic debate over the Obama administration's healthcare law, gave no sign Monday they are inclined to put off a constitutional ruling on the legislation's mandate that all Americans have health insurance by 2014.
Instead, the justices in their comments and questions said they did not see a 19th century tax law as a legal barrier to ruling this year on challenges to the healthcare measure.
Under the Patient Protection and Affordable Care Act, those who do not have basic health insurance in 2014 must pay a penalty on their tax return to be filed in April 2015. Under the 19th century law, however, a taxpayer must pay his tax first and sue for a refund later.
But Justice Stephen G. Breyer, joining others, said he was not convinced that law stood in the way of action by the high court. Congress did not label the penalty a tax in the Affordable Care Act, he said. "It's up to Congress, and they did not use the word 'tax'," he said.
"Not a tax": we'll remember that one. The New York Times has
this amazing quote:
“Today you are arguing that the penalty is not a tax,” Justice Samuel A. Alito Jr. said. “Tomorrow you will be back and arguing that the penalty is a tax.”
Just a reminder.
