Supreme Court Ruling on Obamacare Could Hinge on 1867 Law ...

On Monday the Supreme Court takes up President Obama’s overhaul to America’s health care system. Twenty six states are arguing that the Affordable Care Act’s individual mandate, which forces citizens to purchase health care or pay a penalty, is unconstitutional.

Activists on both sides of the issue have gathered at the Supreme Court to show support and opposition for the bill. Opponents of the bill view it as government overreach while supporters view the bill’s safeguards as essential to fixing the health care system.

There Supreme Court hearing hinges on whether the Court is even allowed to hear arguments at this stage since an 1867 law, called the Anti-Injunction Act, requires that anyone who objects to a tax must pay first, and litigate later. This would mean that those who oppose Obamacare would be required to litigate after the penalty tax kicks in, which isn’t until 2014.

The decision of whether or not the 1867 law applies here will probably be decided early in the week.