Rule of Law

ACA at the Supreme Court: Instant Commentaries ACA: DAY ONE

Very likely the Court will rule now on ACA’s merits

For all the excitement outside the Supreme Court, the courtroom this morning was surprisingly subdued, as the justices considered the somewhat dry issue of the Anti-Injunction Act (AIA). Indeed, a few of the justices appeared dangerously close to nodding off. That said, it appeared from the questions this morning that the justices are not eager to delay ruling on the merits of the constitutional challenge to the Affordable Care Act (ACA). Many of the justices questioned whether the AIA is, in fact, jurisdictional, and if they could accept the government’s position that the Anti-Injunction Act does not prevent a decision on the merits at this point. The bottom line is that it looks very likely that the Court will not delay a ruling on the constitutionality of the mandate until the provision goes into effect in 2014. For the American people, and the state leaders who are already working to implement the Affordable Care Act in the states, this is good news. — Elizabeth Wydra, chief counsel, Constitutional Accountability Center