Ariane DeVogue of ABC News reports from today’s oral arguments in the D.C. Circuit that Judge Kavanaugh asked a series of questions that may indicate his belief that the federal tax Anti-Injunction Act bars the plaintiffs’ pre-enforcement challenge to the individual mandate. Judge Kavanaugh worked on Ken Starr’s investigation of Bill Clinton and served in high-level positions in George W. Bush’s White House. If he concludes that the AIA bars the challenge, it will be difficult to attribute that conclusion to some sort of left-leaning tendencies in his jurisprudence.
D.C. Circuit Judge Brett Kavanaugh may think the Anti-Injunction Act bars pre-enforcement challenges to the individual mandate
September 23, 2011 by Kevin C. Walsh