The Anti-Injunction Act and the Individual Mandate
10 Pages Posted: 18 Apr 2012
Date Written: April, 18 2012
Abstract
The Supreme Court will soon consider challenges to the constitutionality of the so-called individual mandate portion of the Patient Protection and Affordable Care Act of 2010 (PPACA). It is important for the nation that the Court render a decision on the merits. This could be derailed, however, were the Court to dispose of the case by holding that the Anti-Injunction Act and the Declaratory Judgment Act (DJA) preclude preenforcement review. Disposition on those grounds would subject the federal government, states, businesses, and individuals to years of additional uncertainty, inconvenience, and expense.
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