Aaron Schock RSS Articles

U.S House Passes Repeal of Budget Busting Illinois Medicaid Mandate

Thu, 10 May 2012 04:00:00 GMT

Following a state-wide tour in April highlighting the mounting budget crisis the Affordable Care Act has caused in Illinois, Congressman Aaron Schock (R-IL) and Illinois House Republican Leader Tom Cross issued a joint statement today calling on the US Senate to join the House in passing legislation to repeal the Medicaid Maintenance of Effort (MOE) Requirement.

“Passage of Obamacare has not only killed jobs, burdened small businesses, and put government bureaucrats between patients and their doctors, but it took flexibility away from states like Illinois to make their own health care decisions. The House repealed the burdensome MOE mandate so that Illinois can make the necessary, commonsense changes to a program that is wrecking havoc on a state budget already in dire straits. This is no small feat, as the consequences this egregious mandate will have on Illinois’ budget will be unmanageable, and will only result in reduced medical services for those who need medical care the most.

“We are calling on the Senate to immediately follow the actions taken today by the House and repeal the MOE requirement. The hardworking taxpayers of Illinois cannot wait for the notoriously idle Senate to delay action. We urge Senate leadership to bring this to a vote without delay.”

BACKGROUND ON REPEAL OF THE MOE REQUIREMENT:
Repealing the Medicaid Maintenance of Effort (MOE) Requirement Imposed on States: Under current law, there is a Maintenance of Effort requirement (MOE) in place whereby a state is prohibited from having eligibility standards, methodologies, or procedures under its state Medicaid or Children’s Health Insurance Program (CHIP) plans that are more restrictive than those in effect on March 23, 2010, the date of enactment of Obamacare. This MOE is a significant barrier for states trying to better manage their Medicaid and CHIP programs -- especially for those states wanting to implement program integrity measures that would ensure proper eligibility verification.

In 2011, for example, inadequate eligibility review cost the taxpayers approximately $15 billion in improper payments under the Medicaid program. This proposal by the Energy & Commerce Committee would repeal the maintenance of effort on states for Medicaid and the Children’s Health Insurance Program (CHIP) as mandated by Obamacare. The repeal of the MOE merely allows states the same operational flexibility they have exercised since the beginnings of the Medicaid and CHIP programs. CBO has estimated that this proposal would save approximately $600 million over ten years.

BACKGROUND ON SCHOCK-CROSS EFFORTS:
In April, Congressman Aaron Schock and Leader Tom Cross embarked on a state wide tour to call attention to the mounting budget pressures facing Illinois taxpayers on the duel threats of expanding Medicaid costs and the implementation of the federal Affordable Care Act. In February, Governor Pat Quinn unveiled his FY 13 budget plan calling for a $2.7 billion reduction in Medicaid spending. However, the Quinn Administration has yet to secure the federal waiver needed to implement cost-saving reforms enacted last year that would require proof of income verification for all Medicaid applicants.

This failure to act comes with a big price tag as the Medicaid expansion in Obamacare is projected to have an unmanageable impact on Illinois’ already weak budget. In January, 2012, the Civic Federation warned Illinois will face a $34.8 billion backlog of unpaid bills if no action is taken to reform Medicaid. Using the Department of Healthcare and Family Services’ own projections, Medicaid will increase by more than 40% over the next five years (from $8.6 billion to $12.1 billion). Unless reforms are enacted, the Medicaid backlog will grow to $21 billion within five years.

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House Passes Reauthorization of Vital Economic Tool

Wed, 09 May 2012 04:00:00 GMT

Congressman Aaron Schock (R-IL), after a yearlong effort to education his House colleagues on the need to pass the reauthorization, praised the strong bipartisan vote in the House today to reauthorize the Export-Import (Ex-Im) Bank. The Ex-Im Bank is the official export credit agency of the United States that provides loan backing and other services to US exporters. Today’s vote reauthorized the program for three years, providing much needed certainty to Illinois businesses and manufacturers who export their products.

“The Ex-Im bank is an important tool for global companies like Caterpillar. The action today will result in future growth and job creation in Central Illinois,” said Schock. “This is a big win for US manufacturers and job creators.”

Manufactures like Caterpillar agree and praised the reauthorization and what it means for workers in Illinois. For example, Caterpillar hires skilled workers who make the large track tractors that are made in East Peoria, IL and the large mining trucks that are manufactured in Decatur, IL. In both cases, over 80 percent of this equipment is exported to construction sites around the world while employing thousands of people in communities across Illinois.

"Today's vote is a victory for the millions of U.S. workers and their families whose present and future livelihood depends on international trade," said Doug Oberhelman, Chairman and CEO of Caterpillar Inc. "With Ex-Im Bank authorization due to expire at the end of May, America can afford no further delay. We are pleased with the bipartisan agreement forged in the House. This long-term reauthorization with significant, increased lending authority for the Ex-Im Bank is a win-win proposition. It is now time for the Senate to act so the Ex-Im Bank can continue to help U.S. companies of all sizes compete for sales around the world and support American jobs."

Schock, a member of the Ways and Means subcommittee on Trade, has been a strong backer of the reauthorization of the Ex-Im bank. At the beginning of the year, Schock set out to help educate others Members of Congress on the importance of the Ex-Im Bank and why a long-term reauthorization is vital to our economy. In a letter Schock sent to his House colleagues he stressed that, “Not only does the Ex-Im Bank enhance U.S. manufacturing competitiveness, it doesn’t cost the taxpayer a dime.” Schock added that in recent years, the Ex-Im bank has generated enough fees to more than offset its cost.

The reauthorization will allow the Ex-Im Bank to extend credit assistance to help US companies compete against companies in other countries. For example, China offers 17 times more credit assistances to its exporters than the US does. Other countries like the BRIC (Brazil, Russia, India, and China) Nations are providing substantial assistance as well to their exporters. By reauthorizing the bank we are ensuring US companies are competing on a level playing field.

“Many in Illinois are paying attention to the reauthorization of the Ex-Im Bank,” added Schock. “With an agreement that puts us on a level playing field internationally, this extension is good news for the growing export market in Illinois and local job creation.”

In 2010, according to the U.S. Department of Commerce, the total merchandise exports in Illinois exceeded $48 billion, supporting 650 exporting companies and the over 145,000 people they employ.

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In the Spotlight: House bill helps companies raise Internet defenses

Sat, 28 Apr 2012 04:00:00 GMT

In the Spotlight: House bill helps companies raise Internet defenses
By: Aaron Schock
Peoria Journal Star

Would it concern you to know that by the time you finish reading this column, a major U.S. corporation could be hacked and millions of personal records could be stolen, including yours? How many times did you use a computer, Smartphone, bank or credit card this week? If these questions alarm you, they should. The unfortunate truth is that, despite the best efforts of industry and government, our country is incredibly vulnerable to cyber-attacks and espionage.

In 2007, clothing retailer T.J. Maxx's computer system was breached by a hacker, resulting in 94 million credit card accounts being stolen. Sony was attacked in 2011, costing them $171 million. Another U.S. company had an IP address stolen, which cost 20,000 manufacturing jobs. RSA, a leading Internet-security company, was a hacking victim last year, which many experts believe was part of a larger effort to target critical entities such as defense contractors and financial institutions.

Cyber-attacks cost the U.S. economy more than $200 billion annually, which could be used to make investments and hire more employees. Often state sponsors such as China or Russia are responsible; even the Russian mob has gotten into the game.

Bolstering our cyber-defenses needs to be a higher national priority. This past week, the House took action by passing the Cyber Intelligence Sharing and Protection Act (CISPA). I am a co-sponsor of this bipartisan legislation, which passed the House with 248 votes. This bill allows the private sector to detect and share information about cyber-threats, while giving the intelligence community the ability to share threat information with the private sector so that it can better defend itself. The bill has received broad support from the technology industry, including Facebook and Microsoft. There also is broad agreement in the Senate and within the Obama administration that more has to be done. The bill should be brought up for a vote in the Senate soon.

It is important to note that this bill does not contain new federal spending, does not create a new government bureaucracy, does not mandate new federal requirements. This legislation simply breaks down the barriers so that if a sophisticated attack is coming from a specific IP address, and U.S. intelligence officials know it's coming, our government can tip off the company in advance so it can raise its online defenses. Under current law, there are limitations that prevent sharing of this level of threat information. CISPA corrects this while at the same time protecting privacy by encouraging the private sector to "anonymize" the information that it voluntarily shares.

I believe that the less government is involved in the Internet, the better. CISPA ensures this continues to be the case, while also affirming our country is doing all it can to prevent cyber-attacks and espionage.

Aaron Schock represents Peoria as congressman from the 18th District.

Schock Fights Back Regulation Undermining Family Farms

Fri, 27 Apr 2012 04:00:00 GMT

Congressman Aaron Schock (R-IL) released the following statement after the Department of Labor (DOL) announced this week it was reversing a decision to move forward with a proposed rule that would undermine the ability for young people to work on family farms.

“The decision by the Department of Labor to drop their proposed rule is the right one, but frankly this was an ill advised policy from the beginning. Had this rule gone in to effect, it would have undermined the ability of the next generation of farmers from getting the hands on experience that is necessary for any trade and line of work. Farm safety has improved significantly over the last several decades and there are already numerous regulations in place to ensure the safety of anyone who is involved in the agricultural industry.

“The trend in Washington for way to long has been the overreach by bureaucrats who are handing down regulations on industries without a clue of the negative economic impact it will have on local communities, businesses, and individuals. Now that we have been successful in convincing the DOL to reverse their decision to move forward, I am going to use this momentum to continue to highlight burdensome and unnecessary regulations that are making it more difficult to create jobs and grow the economy.”

Congressman Schock has been a vocal critic of the DOL’s proposed rule to prohibit young people from working on family farms. In October 2011, Schock sent a letter to Department of Labor Secretary Hilda Solis, urging her to extend the comment period so that farmers who were busy in the harvest season had sufficient time to give their input. In December 2011, Schock contacted Secretary Solis again to express his opposition to DOL’s insistence to move forward with the proposed rule. Schock is also a co-sponsor of H.R. 4157, the Preserving America’s Family Farms Act, that would have prevented DOL from enacting the rule.

Since January 2009, there has been a 52 percent increase in completed regulations deemed economically significant, defined as costing the economy at least $100 million annually. The Obama Administration has currently proposed 3,118 regulations with 167 considered economically significant. In 2011 alone there were 79,000 pages printed in the Federal Register, and there are around 180 million words of binding federal law and regulations. As of last year, the Federal Government has imposed more than 47.2 million paperwork burden hours and $65 billion in new compliance costs.

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Schock Announces Winner of 31st Annual Congressional Art Show and Competition

Sat, 21 Apr 2012 04:00:00 GMT

Congressman Aaron Schock (R-IL) is pleased to announce the winner of the 2012 Congressional Arts Competition: Maya Jain of Dunlap High School. Maya’s art work will hang for one year beside works of art from other Congressional districts in the passageway between the House of Representatives office buildings and the United States Capitol. Congressman Schock was on hand today to make the announcement, which took place at the Downtown Peoria Library. Several hundred people showed up to view the wide variety of art work on display from the student artists across the 18th district. Also, on hand was the Pekin Community High School 17 piece musical ensemble group, Encore.

“I am always amazed by the artwork submitted for the art show and competition. I was very impressed by Maya’s winning submission. She is well deserving of this year’s top honor,” said Schock. “I’m proud the 18th district will be well represented among the art on display in the Capitol.”

Maya’s colored pencil artwork was derived from several sources of inspiration. She combined her imagination from a scene described in the book, The Great Gatsby, and from a drive home one rainy night when the reflection of the street lamps on the road caught her attention. Maya was joined today by her proud parents, Sharad and Elizabeth Jain.

This year marks the 31st Annual Congressional Art Show and Competition. Each spring, a nation-wide high school arts competition is sponsored by the Members of the U.S. House of Representatives. The Congressional Art Competition is open to all high school students, and it serves as an opportunity to recognize and encourage the artistic talent in the nation, as well as in each congressional district.

The art work of the over-all winner of each participating district will be displayed for one year in the U.S. Capitol, and the winners from each district will be invited to a reception in Washington DC to take place sometime this summer. The other top winners, listed below, will have the opportunity to have their art work displayed in Schock’s Washington, DC office for one year.

The judges evaluated each piece using the following criteria: Beauty, skill, uniqueness, meaning, and intent. The rankings given by each piece that was chosen in combination with the number of judges who selected a particular piece. Schock then selected a piece from the top-ten category to send to Washington DC to represent the 18th District.

The judges this year include Barbara Waldord, Member of the Arts Partners; Leslie Williams, Member of Arts Partners and Copywriter for Simantel; Natalia Villanueva, Professional Artist and Sculptress from Paris, and Stacy Peterson, Programming Department and Projects, Peoria Public Library and active member of the Arts community.

The Congressional Art Competition began in 1982 to provide an opportunity for members of Congress to encourage and recognize the artistic talents of their young constituents. Since then, over 650,000 high school students have been involved with the nation-wide competition.

“The Arts Community is very important in terms of education and economic growth,” said Schock. “When we talk about training the next generation of workers – creative minds, creative thinking are all top qualities that employers look for in new employees. Studies have shown that arts education increases test scores, improves academic skills essential for reading and language development and has been helpful in advancing students’ motivation to learn. Which is why having an arts education and a thriving arts community in any town is important.”

This year’s Top Ten winners:

“Passing By” an Acrylic piece Katie Verkuilen of Peoria Norte Dame High School
“Erin,” a Photography piece by Zoe Volk of Washington High School
“Shaken,” a white colored pencil drawing by Rosie Hill of Dunlap High School
“In His Shoes,” a colored pencil drawing by Vanessa Coleman of Havana High School
“Urban,” a Photography piece by Jessica Revallo of Peoria Notre Dame
“Of Night and Life,” a colored pencil piece by Maya Jain of Dunlap High School
“Ophelia,” an Oil Painting by Madison Borop of Peoria Christian High School
“Recovery and Disorder,” an ink drawing by Vanessa Coleman of Havana High School
“Do You Remember When?,” a sharpie marker drawing by Hannah Gutzwiller
“Mom’s World,” HDR Photography by Brock Jump of Havana High School

Schock Speaks in Support of Small Business Tax Cut Act

Thu, 19 Apr 2012 04:00:00 GMT

Congressman Aaron Schock (R-IL), a member of the Ways and Means committee, the chief tax writing committee in the House, spoke on the House floor today in support of the Small Business Tax Cut Act, H.R. 9, which will provide needed capital for small businesses to grow and hire new workers. The Small Business Tax Cut Act passed the House on April 19th, 2012.

Aaron speaking on the House floor in favor
of the Small Business Tax Cut Act.
Click here to watch his remarks.

Background on the Small Business Tax Cut Act, H.R.9
H.R. 9, the Small Business Tax Cut, will help small business owners retain more capital, invest in their businesses and create more jobs. Under the proposal, small businesses would be allowed to deduct 20% of their income from taxes irrespective of how they are organized, up to 50% of their W-2 wages (in some cases distributions made to partners may be treated as W-2 wages for these purposes). So, whether you are organized as a corporation or you are one of the 75% of small businesses that operate as a pass-through, you will benefit from this new deduction.

The non-partisan Joint Committee on Taxation has estimated that H.R. 9 will benefit over 22 million small business employers across the United States reducing their taxes by almost $46 billion. H.R. 9 is consistent with the budget plan just adopted by the House and was part of the Pledge to America

The non-partisan Joint Committee on Taxation has estimated that H.R. 9 will benefit over 22 million small business employers across the United States reducing their taxes by almost $46 billion. H.R. 9 is consistent with the budget plan just adopted by the House and was part of the Pledge to America.

What the Small Business Tax Cut Means for Illinois:
As of 2009, in Illinois, there are 249,638 small businesses with between 1 and 500 employees employing 2,454,700 individuals.

How it Works: For simplicity, consider the example of a small business that under current law would pay a 35% federal tax on $100 of income, resulting in a $35 tax bill. Under the House Republican proposal, the small business would be able to deduct 20% of its income from tax (20% of $100 = $20), subject to the 50% W-2 wage limitation. The small business would then pay the same 35% tax on the remaining $80, resulting in a $28 tax bill. Under the House Republican proposal, the small business immediately saves $7 in federal taxes.

Aaron participates in a press conference discussing the importance of the Small Business Tax Cut Act. Click here to watch his remarks.

Note: He was joined at the press conference by his colleagues Reps. Kevin Brady (TX), Marsha Blackburn (TN), Pete Olson (TX), Erik Paulsen (MN), and Bobby Schillling (IL).

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Schock Continues Work Toward Comprehensive Tax Reform

Tue, 17 Apr 2012 04:00:00 GMT

Congressman Aaron Schock (R-IL), a member of the Ways and Means committee, the chief tax writing committee in the House, issued the following statement today on the need for comprehensive tax reform as millions of American’s rush to file their federal, state, and local taxes.

“Today is a costly reminder that the U.S. tax code is severely outdated and in serious need of repair. The system is too costly, too complex and too time consuming for individuals and employers.

“According to the National Taxpayers Union, individuals will spend an estimated $228.4 billion in compliance cost for tax software, tax preparers, postage, and other out-of-pocket costs related to filing their federal income tax. This is a costly burden on top of their tax obligation.
“The House Ways and Means committee has already begun laying the ground work for comprehensive tax reform by holding over a dozen hearings since last year. While the House has taken the initiative to reform the tax code, the Senate and Administration have yet to make this issue a priority. Instead they are spending time on the so-called ‘Buffet Rule,’ which would pay for a minuscule 11 hours of the President’s proposed budget.

“Reforming the tax code is a commonsense and essential part to growing the economy and providing the environment job creators need to have the confidence and certainty to expand their businesses and hire new employees.”

Not So Fun Tax Facts On Tax Day

According to the National Taxpayers Union (NTU), as of 2011, the Tax Code contained 3,939,937 words – almost seven times the length of Tolstoy’s War and Peace.
According to the NTU, the Treasury Department estimates the current paperwork burden generated by the Treasury for individual and business taxpayers now totals 6.38 billion hours – or 3.19 million employees working 40-hour work weeks year-round with just two weeks off – about the same number of workers at Wal-Mart, McDonald’s, Target, and Kroger combined.
The form 1040 in the year 1935 was accomplished by a two-page instruction booklet. Taxpayers today must wade through over 100 total pages of instructions.
According to the NTU, the IRS accounts for nearly 80 percent of the federal government’s entire paperwork load imposed on U.S. citizens.
This year, 100% of the money the average American earns from January 1st to April 17th (107 days) will go to pay federal, state, and local taxes in 2011, according to the Tax Foundation.
On average, more of Americans’ income will go toward taxes this year than to food, housing and clothing combined.

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Obamacare Mandates Threaten Already Weak State Budget

Fri, 13 Apr 2012 04:00:00 GMT

Illinois House Republican Leader Tom Cross joined forces with U.S. Rep. Aaron Schock (IL-18) to call attention to mounting budget pressures facing Illinois taxpayers on the twin threats of explosive Medicaid costs and implementation of the federal Affordable Care Act, commonly known as ObamaCare. In March, Congressman Schock attended the historic Supreme Court arguments on the constitutionality of the individual mandate, giving him a firsthand account of the testimony provided for and against the legality of the health care mandate.

In February, Governor Pat Quinn unveiled his FY13 budget plan calling for a $2.7 billion reduction in Medicaid spending, leaving lawmakers to work out the details. However, the Quinn Administration has yet to secure the federal waiver needed to implement cost-saving reforms enacted last year that would require proof of income verification for all Medicaid applicants.

This failure to act comes with a big price tag as the Medicaid expansion in Obamacare is projected to have an unmanageable impact on Illinois’ already weak budget. In January, 2012, the Civic Federation warned Illinois will face a $34.8 billion backlog of unpaid bills if no action is taken to reform Medicaid. Using the Department of Healthcare and Family Services’ own projections, Medicaid will increase by more than 40% over the next five years (from $8.6 billion to $12.1 billion). Unless reforms are enacted, the Medicaid backlog will grow to $21 billion within five years.

In a November 2011 letter to Governor Quinn, twelve members of Congress, including Schock, expressed their concern about the drastic expansion of Medicaid in Illinois and the projected cost of impact to the state’s budget. In total, it’s projected that Illinois taxpayers will spend $10 billion more on Medicaid than they would have spent had the health law not been implemented.

“Illinois is facing the tough reality that is the consequence of a failed health care policy that was rammed through Congress two years ago. Immediately following the passage of Obamacare, states like Illinois faced enormous new costs and burdens,” said Schock. “It was irresponsible two years ago to pass the president’s health care bill and it would be irresponsible now for Illinois to attempt to implement further cost crushing provisions of Obamacare until the Supreme Court has reached a final decision.”

“The United States Senate should follow the House of Representatives and repeal Obamacare and replace it with a solution that is workable for individual states.”

Elsewhere, the state faces the challenge of how to address the creation of health insurance exchanges as mandated under ObamaCare. Complicating matters is the fact that federal exchange regulations remain unwritten and forthcoming rules may yet redefine the exchange scope, governance, and operations. Even more, proposed federal rules are silent on what states must do in order for the Department of Health and Human Services (HHS) to approve their exchanges.

“The idea of creating a costly new program with an untold number of new regulations is a non-starter in our current budget climate,” Leader Cross said. “We simply cannot afford to plunge into the rabbit hole created by open-ended federal mandates put in place by the Obama Administration and cross our fingers and hope for the best. We cannot and should not move forward on creating exchanges until we know all the parameters.”

“It’s impossible to kick a field goal if you don’t know where the goal posts are,” Cross added.

Rep. Schock added, “With so much uncertainty, states would be wise to hold off on creating insurance exchanges until the Obama Administration either gets its act together – or gets replaced.”
Meanwhile, 27 states have filed joint or individual lawsuits challenging the constitutionality of ObamaCare centered on the so-called “individual mandate.” The U.S. Supreme Court heard oral arguments in March, and a decision by the court is not expected until June 2012. In January 2011, Schock joined with ten other members of the Illinois Congressional delegation in writing to Attorney General Lisa Madigan requesting that Illinois join this multistate lawsuit and he was on hand in the Supreme Court chamber on the day that the arguments focused on the controversial individual mandate.

Last year, HHS estimated the cost of the health insurance exchange aid to states to be $367 billion from 2014-2021. In FY13, the budget puts the cost at $478 billion over the same time period – a staggering increase of $111 billion over last year’s estimate.

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NOTE: To read more about Congressman Schock's work on the issue of health care, click here.

Schock Receives U.S. Chamber Spirit of Enterprise Award

Wed, 28 Mar 2012 04:00:00 GMT

U.S. Chamber Honors 298 Pro-Business Members of Congress with Spirit of Enterprise Award
Lawmakers Recognized for Supporting America’s Job Creators

WASHINGTON, D.C.—At their office on Capitol Hill today, the U.S. Chamber of Commerce honored 248 members of the House and 50 members of the Senate with the annual Spirit of Enterprise Award for their support of pro-jobs, pro-growth policies during the first session of the 112th Congress.

“Faced with difficult choices and high-stakes politics, these men and women provided America’s business community with a strong voice in Congress,” said Thomas J. Donohue, president and CEO of the U.S. Chamber. “We honor these members today for having consistently demonstrated their support for America’s job creators.”

The Chamber’s prestigious Spirit of Enterprise Award, in its 24th year, is given annually to members of Congress based on key business issues outlined in the Chamber publication How They Voted. Members who support the Chamber’s position on at least 70% of those votes qualify to receive the award.

The Chamber scored Congress on 11 Senate and 16 House votes in 2011, including the repeal of 1099 reporting requirements, the 3% withholding from contractors, and the health care law. Also scored were votes for a surface transportation extension and the free trade agreements, including South Korea and Colombia.

The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.

Schock Heads to Supreme Court

Tue, 27 Mar 2012 04:00:00 GMT

To listen to Congressman Schock's comments on being in the Supreme Court chamber
during arguments on the constitutionality of the individual mandate in the Affordable Care Act, click here.

Washington, Mar 26 -Congressman Aaron Schock (R-IL) will be heading to the United States Supreme Court on Tuesday to witness firsthand the arguments being delivered for and against the constitutionality of the individual mandate in President Obama’s signature health care law. Schock was chosen by Speaker of the House John Boehner as only one of four Members of Congress to be on hand during the Supreme Court proceedings offering him a front row seat to witness the historic judicial session.

“Debating the constitutionality of the individual mandate will be the defining moment in the Supreme Court proceedings. This issue goes to the very core of why so many people either support or disapprove of the Affordable Care Act,” said Schock. “Since the passage of the law two years ago, the legitimacy of the legislation has hinged on whether the government can mandate that individuals and employers purchase health care coverage. To be in the chamber as the justices debate this issue is a unique experience that I look forward to sharing with my constituents and colleagues.”

Today, the Supreme Court heard arguments on the matter of whether the fine associated with the individual mandate should be considered a penalty or a tax. Specifically, hearing arguments on whether the Anti-Injunction Act of 1867 (AIA) bars litigation against the individual mandate portion of the Affordable Care Act (ACA) until 2015. Since the Federal government and the 26 states/National Federation of Independent Business (NFIB) both believe the AIA does not apply in this case, the Supreme Court hired a third lawyer to argue that the AIA is in fact a tax. If the penalty is considered a tax, then AIA would apply and the Court could allow the law to proceed. This would bar further judicial actions until 2015- a year after the exchanges and individual mandate go into effect. If the penalty is not considered a tax, then the next question becomes whether or not Congress has the constitutional authority to mandate individuals and employers have to purchase health insurance.