Alice Noble And Mary Ann Chirba On The Individual Mandate Argument: Beyond Uncompensated Care

Abstract

From the introduction:

“Reading between the lines” of the Supreme Court arguments seems to be everyone’s favorite pastime this week. For health lawyers, these three days are heady times, a chance to revel in exquisitely crafted briefs and complex legal theories, consummately argued in a way that lifts the entire profession. Rarely has the public paid such rapt attention to legal proceedings before our nation’s highest court. Before Day 1’s transcript had time to be transformed into a hot link, pundits and experts were busily reading between the lines of the comments and questions from the bench and concluding the Court is unlikely to find a jurisdictional bar in the Tax Anti-Injunction Act.