Judges Ask Whether Health Care Lawsuit Is Premature

View Comments ()



    Getty Images

    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.