Fourth Circuit Opinion on the Individual Mandate
The wire services are reporting that the Fourth Circuit has rejected the challenge to the individual mandate on standing grounds. I will add a link when one becomes available.
UPDATE #2: I will have more to say about these decisions later, but I would draw your attention to a few points.
1. The Court’s holding that Anti-Tax Injunction Act prohibits the exercise of federal jurisdiction to enjoin the individual mandate prior to 2014 is consistent with an argument that I have made in many posts; namely, that courts should not and cannot reach the merits of this case for a long time.
2. The concurring opinion in Liberty University takes the view that (if the merits are reached), then the individual mandate is a valid exercise of Congress’s taxing power. This is the first judge who has accepted that claim.
3. The dissenting judge in Liberty University argues that compelled purchases of goods are within Congress’s Commerce Clause power. I think this is the most robust statement in favor of Congress in any of the opinions handed down thus far.