The Anti-Injunction Act and the Individual Mandate

10 Pages Posted: 18 Apr 2012

See all articles by Steve R. Johnson

Steve R. Johnson

Florida State University - College of Law

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.

Suggested Citation

Johnson, Steve R., The Anti-Injunction Act and the Individual Mandate (April, 18 2012). Tax Notes, Vol. 133, No. 11, December 12, 2011, FSU College of Law, Public Law Research Paper No. 593, Available at SSRN: https://ssrn.com/abstract=2042016

Steve R. Johnson (Contact Author)

Florida State University - College of Law ( email )

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HOME PAGE: http://www.law.fsu.edu/faculty/sjohnson.html

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