• Dropping the tax argument

    Despite our earlier, valiant coverage, the USG filed briefs yesterday in the 4th Circuit case conceding that the individual mandate is not a tax for the purposes of the Anti-Injunction Act. And I checked to make sure it wasn’t The Onion.

    UPDATE:  my colleague David Orentlicher at IU suggests that abandoning the Anti-Injunction Act argument actually preserves the constitutional taxing power argument as justiciable.

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