Legitimate expectation judicial review essay

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While only four Justices found its requirement that certain individuals pay a financial penalty for not obtaining health insurance 26 U. All of the Court agreed with Roberts that the Anti-Injunction Act does not prevent courts from hearing challenges to the individual mandate provision. He noted that the Act applies to taxes, whereas the individual mandate is defined by the law as a penalty. Meanwhile, a majority of the Court agreed with Roberts that the individual mandate was constitutional under the tax power of Congress, despite its definition as a penalty under the law. Courts generally are very deferential when Congress exercises its tax power.
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Essay on Legitimate Expectations

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Law Notes: Public Law - Judicial Review Problem Question Structure

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Law of Contract: Doctrine of Legitimate Expectation

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