The Supreme Court justices seemed skeptical of the Anti-Injunction Act, which may indicate a leaning toward hearing the case now instead of waiting three years, according to the report. Some justices questioned whether the payment assessed for noncompliance with the individual mandate is defined as a penalty or a tax.
The definition of the fine is a complicated issue for Solicitor General Verrilli, as yesterday he argued that the fine is not a tax, while today he will argue that it is. The difference is that yesterday he said the fine is not a tax for the purposes of the act, and today he will argue that the fine is a tax, making the individual mandate constitutional under Congress's power to levy taxes and the legislature's power to regulate interstate commerce.
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