RICHMOND, Va. (AP) — A federal statute that generally bars lawsuits challenging taxes before they are paid does not prohibit a federal appeals court from deciding two Virginia suits seeking to dismantle the Obama administration's health care overhaul, attorneys for all parties in the cases say.
The Justice Department, the Virginia attorney general's office and Liberty University took the same position in supplemental briefs filed this week with the 4th U.S. Circuit Court of Appeals in Richmond.
A three-judge panel of the appeals court heard arguments in the cases May 10, then asked last week for additional briefs. Specifically, the judges asked whether the federal Anti-Injunction Act strips the court of jurisdiction to decide the lawsuits. The 1867 federal law says a tax can be challenged only after it is paid and the taxpayer unsuccessfully seeks a refund.
Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.
Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.