court views the mandate as a tax they might decide they cannot decide this case until mb somebody actually has to pay the tax in 2015. on the other hand, claiming the mandate is a tax will help in tomorrow s argument when they discuss the constitutionality of the mandate. because if the mandate is found to live under congress s constitutional power to tax, then, of course, it is constitutional. leave it to justice samuel ilie toe to highlight the difficult corner the administration painted itself in to on the question of is it or isn t it a tax. today you are arguing that the penalty is not a tax. tomorrow you are going to be back and you will be arguing that the penalty is a tax. has the court ever held that something that is a tax for purposes of the taxing power under the constitution is not a tax under the anti-injunction
with the jurisdictional question at all. i m sorry. i m sorry. i am a civics dork. i love policy. i love litigation. i love fighting about policy. i love courtroom argument. i m really interested in what happens with the health reform act of the supreme court but today was a jurisdictional discussion about the applicability of the 1867 anti-injunction act which is hard to stay focused on. even to lawyers and people that are dorkier enough about this is not riveting enough to explain this. it was not that exciting on it face. the reason everybody is turning out is because it s been built up to be the super bowl of partisan arguments. literally politico called it the
that this penalty is not covered by section 7421, if you re right about that, why should we deal with the jurisdictional question at all. i m sorry. i m sorry. i am a civics dork. i love policy. i love litigation. i love fighting about policy. i love courtroom argument. i m really interested in what happens with the health reform act of the supreme court but today was a jurisdictional discussion about the applicability of the 1867 anti-injunction act which is hard to stay focused on. even to lawyers and people that are dorkier enough about this is not riveting enough to explain this. it was not that exciting on it face. the reason everybody is turning
that matters. it s popular music, i wouldn t know. you stick in the mud. we have no idea who that is but we support them anyway. i m feeling very kumbaya this morning. john fugelsang, political comedian and will cain is back, a columnist at theblaze.com and kelly goth, contributing editor for loop21.com and wrote a great moment. the gq candidate. my goodness you just made my publisher a happy camper. if you like political novels it s a fun one. i do. our starting point focuses on the supreme court, the centerpiece of obama s health care overhaul is on trial before the u.s. supreme court t will happen in about three hours and going to focus on the question, can government force people to buy something they don t want? it goes back to the commerce clause in the constitution created in 1787, the congress shall have the power to regulate commerce with foreign nations and among the several states and with the indian tribes. supporters of the individual mandate say maki
that s correct. i filed on behalf of 13 states that day and it s now this 26-state lawsuit that is before the supreme court. i m proud of our team and proud of where they are, but we are anxiously awaiting what happens. martha: i can imagine, a lot of butterflies even in the most experienced of attorney generals and attorneys involved in the case. talk to me a little bit about what will happen today, attorney general mccollum. when you look at this they are deciding right now, or will begin to whether or not she should even hear this case because there is a precedent that would suggest that you can t do anything until it s enacted, fully enacted, and that taxes imposed on people that won t buy health insurance. there is that argumentment what do yo? what do you think. they are arguing over the anti-injunction act which applies to tax laws. there is a huge question whether the individual mandate is a tax, we don t think so in the states