during arguments on the constitutionality of the individual mandate in the Affordable Care Act, click here.
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Washington, Mar 26 -Congressman Aaron Schock (R-IL) will be heading to the United States Supreme Court on Tuesday to witness firsthand the arguments being delivered for and against the constitutionality of the individual mandate in President Obama’s signature health care law. Schock was chosen by Speaker of the House John Boehner as only one of four Members of Congress to be on hand during the Supreme Court proceedings offering him a front row seat to witness the historic judicial session.
“Debating the constitutionality of the individual mandate will be the defining moment in the Supreme Court proceedings. This issue goes to the very core of why so many people either support or disapprove of the Affordable Care Act,” said Schock. “Since the passage of the law two years ago, the legitimacy of the legislation has hinged on whether the government can mandate that individuals and employers purchase health care coverage. To be in the chamber as the justices debate this issue is a unique experience that I look forward to sharing with my constituents and colleagues.”
Today, the Supreme Court heard arguments on the matter of whether the fine associated with the individual mandate should be considered a penalty or a tax. Specifically, hearing arguments on whether the Anti-Injunction Act of 1867 (AIA) bars litigation against the individual mandate portion of the Affordable Care Act (ACA) until 2015. Since the Federal government and the 26 states/National Federation of Independent Business (NFIB) both believe the AIA does not apply in this case, the Supreme Court hired a third lawyer to argue that the AIA is in fact a tax. If the penalty is considered a tax, then AIA would apply and the Court could allow the law to proceed. This would bar further judicial actions until 2015- a year after the exchanges and individual mandate go into effect. If the penalty is not considered a tax, then the next question becomes whether or not Congress has the constitutional authority to mandate individuals and employers have to purchase health insurance.