Judges Ask Whether Health Care Lawsuit Is Premature

By WAMU 88.5
|  Thursday, Jun 2, 2011  |  Updated 10:19 PM EDT
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Judges Ask Whether Health Care Lawsuit Is Premature

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Both sides in the legal battle over President Barack Obama's administration's health care overhaul in Virginia agree that a federal appeals court has jurisdiction to decide the case. Now judges of the 4th U.S. Circuit Court of Appeals in Richmond has asked for additional briefs.

A three-judge panel asked whether the federal Anti-Injunction Act, which generally prohibits lawsuits challenging a tax before it is collected, bars the court from deciding the case.

The question arose because the health care law requires citizens to buy health insurance or pay a penalty.

Virginia's attorney general and Liberty University, which filed separate suits challenging the health care law, and the Justice Department said in briefs filed this week that the Anti-Injunction Act does not apply in this case.

Listen to the complete story at wamu.org

Copyright 2011 WAMU 88.5 - American University Radio. All Rights Reserved.

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