Liberty's ACA Challenge Jumps The Gun, 4th Circ. Hears

Law360, New York (April 5, 2013, 5:51 PM EDT) -- The U.S. Department of Justice on Thursday told the Fourth Circuit that the Anti-Injunction Act, which prohibits lawsuits challenging a tax before the tax has been assessed, should block Liberty University's challenge to the Affordable Care Act's employer mandate.

The DOJ is urging the appeals court to drop the case, arguing in a brief that Liberty can't bring its challenge to the mandate, which carries a tax penalty, until after the penalty has been assessed, paid and challenged administratively through the Internal Revenue Service.

The government...
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