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Tag: anti-injunction act

July 06, 2012

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O'Reilly rightly pointed out that Justice Robert's opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill went on to imply that Justice Robert's opinion should be forgiven as merely a mistaken application of a strain of conservative judicial ...

March 15, 2012

Obamacare and the Tax Anti-Injunction Act

The first day of oral argument in the Obamacare cases involves jurisdiction, and specifically, a federal statute called the Tax Anti-Injunction Act. This is a law that limits what cases federal courts are allowed to hear: specifically, it holds that federal courts cannot hear a case "for the purpose of restraining the assessment or collection of ...