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On March 26 and 27, 2012, the Supreme Court heard oral argument in U.S. Department of Health and Human Services v. Florida, which is one of three cases before the Court involving the Patient Protection and Affordable Care Act of 2010, sometimes referred to as Obamacare or the Healthcare Act. This case presents the question whether the Anti-Injunction Act prohibits a challenge to the validity of the Healthcare Act until certain provisions take effect in 2014.
This case also presents the question whether Congress has power under the Constitution to require that virtually all Americans either obtain health insurance or pay a penalty. This requirement is commonly referred to as the individual mandate, and will be the subject of a separate podcast.
To discuss the Anti-Injunction Act issue we have Kevin Walsh, who is an Assistant Professor of Law at the University of Richmond Law School, and Steve Johnson, who is a Professor at the Florida State University College of Law.
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