Alito and Verrilli ACA Déjà vu

March 26th, 2013

During oral argument on Day 1 of the ACA case, Justice Alito asked Verrilli how could it be that today you are arguing that the mandate is not a tax, but tomorrow the mandate ia a tax.

Today, I had a strong sense of Déjà vu.

JUSTICE ALITO: Well, tomorrow you’re going 2 to be making a standing argument that some parties think 3 is rather tenuous, but today, you’re — you’re very 4 strong for Article III standing?

GENERAL VERRILLI: Well, we said this was 6 a — we said this was a close question, and — and our 7 interests are, Justice Alito, in tomorrow’s issues where 8 we have briefed the matter thoroughly and will be 9 prepared to discuss it with the Court tomorrow.

For a little preview from my book, the Solicitor General seized the opportunity to talk about the mandate being a tax for constitutional purposes on Day 1 (the AIA day).