According to the Washington Examiner, a weird and twisted turn of events might kill the VA lawsuits against ObamaCare.
“…the Fourth Circuit … ordered the parties to file supplemental briefs by May 31 explaining the consequences if the court holds that the Anti-Injunction Act applies [which] applies to federal taxes.
“This means that the appellate judges on this case may hold that the Obamacare individual mandate is okay because it is a tax. …
“Under the Anti-Injunction Act, no one can sue to challenge the legality of a tax until after the tax has been paid. The statute specifies that no federal court has jurisdiction to hear a challenge until someone who has already paid the tax files suit, demanding a refund and the tax’s termination.
“The individual mandate doesn’t go into effect until 2014. Therefore, if it is ruled to be a tax, then no one will have standing to sue until 2014. The Fourth Circuit cases would be dismissed.”
