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.”
[…] Everywhere we turn, they will be there to block our efforts. Exchanging ideas on the Internet? They’ll regulate it to safeguard it. Talk radio advancing our ideas? They’ll make it more “fair.” Try to un-elect them? They’ll redistrict. Try to use their courts to petition for a redress of grievances? They’ll dismiss our suit. […]
How is it newsworthy that a case before an appeals court “might be dismissed”? That’s always true. It might be dismissed. And it might not.
And, in this case, who cares–it will be heard by the Supreme Court. Can anyone picture a scenario where they DON’T take up this case? I can’t.
[…] decision from the Fourth Circuit may be forthcoming soon. Submit to Stumbled Upon! -Bill Quick