December 1, 2021

Volume XI, Number 335

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November 30, 2021

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November 29, 2021

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Fourth Circuit Lacks Jurisdiction due to the Tax Anti-Injunction Act

On September 8, 2011, the U.S. Court of Appeals for the Fourth Circuit declared that the tax anti-injunction act removed its jurisdiction to hear a challenge to the constitutionality of the federal healthcare reform law (Liberty University, Inc. v. Geithner, 4th Cir., No. 10-2347, 9/8/11).

Since the Fourth Circuit does not have jurisdiction, it will not be able to determine whether the United States Congress exceeded its authority by enacting a rule that will require individuals to purchase a commodity (i.e. health insurance).

Opponents of the Congressional mandate requiring individuals to purchase healthcare insurance believe such requirements exceeds the limits the Constitution sets on a Congressional power.

© 2021 BARNES & THORNBURG LLPNational Law Review, Volume I, Number 262
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About this Author

Heather Delgado Healthcare Attorney
Partner

Healthcare providers depend upon Heather Delgado for her commitment to responsiveness and practical legal advice. Heather focuses on finding the right solution for her clients. She is valued for her ability to overcome the obstacles her clients face and for her skill in applying complex laws and regulations to their business practices.

Heather’s experience includes the representation of healthcare providers, including hospitals, health systems, specialty hospitals, ambulatory surgery centers, multi- and single-specialty medical practices, and a wide variety of healthcare...

312-338-5905
Mark E. Rust Barnes Thornburg Law firm Chicago Corporate Finance and Healthcare Law Attorney
Partner

Mark Rust is Managing Partner of the Chicago office of Barnes & Thornburg, LLP, and Chair of the firm’s national Healthcare Department. Mr. Rust concentrates his practice in transactional, regulatory and medical-legal issues affecting healthcare entities and provider organizations. For nearly 30 years he has written about or practiced in healthcare law, writing in a wide variety of publications from theJournal of the American Bar Association to USA Today. He is listed as a notable healthcare lawyer in Chambers USA, Top Healthcare Lawyers of Illinois,Superlawyers...

312-214-8309
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