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To: STARWISE
The Anti-Injunction Act issue is under consideration because of a ruling in Liberty v. Geithner that essentially deemed the individual mandate a Constitutional exercise of Congress’s taxing power.

I can see that Liberty v. Geithner would be litigated in 2016, because Liberty would not be "injured" until the tax kicked in during 2015.

BUT, in Florida et al v. United States Department of Health and Human Services the Staters are CURRENTLY "injured" due to the requirements that the Act imposes on the States NOW.

On January 31, 2011, U.S. District Judge Roger Vinson ruled that the health insurance mandate in section 1501 falls outside the federal authority in the Constitution, and that the provision could not be severed; Judge Vinson therefore concluded the entire PPACA must be struck down.

On August 12, 2011, a divided three-judge panel of the 11th Circuit Court of Appeals affirmed Judge Vinson's decision in part; the court agreed that the mandate was unconstitutional, but held that it could be severed, allowing the rest of the PPACA to remain.

On September 26, 2011, it was reported that the Department of Justice would not ask for an en banc review by the 11th Circuit, leaving the U.S. Supreme Court as the only option for appeal.

The government petitioned for the Supreme Court to review the court's ruling. On November 14, 2011, the Supreme Court granted certiorari on the case, setting oral arguments for March 2012.

17 posted on 02/22/2012 12:54:08 AM PST by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: STARWISE
I forgot to add that if Florida et al v. United States Department of Health and Human Services is ruled in the States' favor, then Liberty v. Geithner may be made moot ...
18 posted on 02/22/2012 12:57:35 AM PST by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Lmo56

bttt


77 posted on 02/22/2012 6:48:44 AM PST by Matchett-PI ("Without consequences, there's no virtue". ~ Rush Limbaugh 12:51 PM, Friday, 2/17/2012)
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