You Say Tax, I Say Penalty

Justices Sotomayor and Antonin Scalia do a bit of philosophizing about whether there should ever be any jurisdictional rules at all, leading Long to respond that ?not all people who litigate about federal taxes are necessarily rational.? Then Justice Stephen Breyer explains that while he is leaning toward Long on the jurisdiction issue, he has a different problem with deploying the tax law to squash this suit. As he puts it: ?Now, here, Congress has nowhere used the word ?tax.? What it says is penalty.?

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