Supreme Court Skeptical of 'Obamacare Is a Tax' Argument
NEW YORK ( TheStreet) -- It appears Obamacare is not a tax.
The U.S. Supreme Court heard the first round of three days of oral arguments Monday about whether the Patient Protection and Affordable Care Act is actually a tax, including the case made by Robert Long, an outside lawyer asked by the justices to argue in favor of viewing the legislation as a tax.
"The Anti-Injunction Act imposes a 'pay first, litigate later' rule that is central to Federal tax assessment and collection," Long said in his opening statement. "Congress directed that the section 5000A penalty shall be assessed and collected in the same manner as taxes."Simply, Long argued that Obamacare qualified as a tax because all Americans would be required to report their health insurance on tax returns to start in 2014, and a penalty would be levied for those who did not report. This fine, Long reasoned, was a type of tax. The argument came from a Fourth Circuit Court of Appeals ruling,
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