Today was the first of a three-day
session of the US Supreme Court to consider whether or not the President's
healthcare act is constitutional. This has been a much-anticipated and
oft-debated convening of the court, and reports about it are all over the news
today.
Many people are debating whether The
Court even has the right to hear this challenge in the first place. If it is
determined that the requirement for everyone to have health insurance by 2014
or suffer a penalty is actually a tax, then this issue would not be one for the
Supreme Court to consider.
However, early indications are that
it appears that the Supreme Court Justices are not viewing that way. They are
making arguments today that the word penalty is used and not tax. Also, the penalty
is attached to a healthcare requirement, not to a tax. It is also mentioned
that a penalty is not automatically considered a tax just because it is
collected in the same manner that a tax is.
Of course, this is just the first day
of the consideration of arguments, so it is still early yet. However, it
appears that The Court has pretty much taken today to consider the tax argument
and dismiss it. Now it seems they are eager to move on to actually debating the
constitutionality of the law itself over the next two days. It will be
interesting to follow the developments over the next two days and see how this
turns out.
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