Reuters Supreme Court editor Joan Biskupic says that before the Supreme Court weighs the legality of President Obama's healthcare plan next week, they'll look at whether it's way too soon to do so.
When the curtain goes back on Monday morning for the first of three historic days at oral arguments several legal questions will be on the table. The question that most people are waiting for will actually be heard Tuesday. That's when the justices will all be looking at whether the individual mandate -- its call is constitutional. Up first on Monday is more of a procedural question. That can be very dry sounding but it's actually. Potentially very consequential. And that question goes to the timing of health care challenge. Now the -- and business organizations and individuals. Has sued saying that individual mandate is unconstitutional. But the question for the justices did. Is this the right time to bring a lawsuit. There's a federal law that says anyone who wants to challenge. Eight tax must first actually pay that tax and then see the refund. If that's the case here that means if people want to sue. And challenge the individual mandate. Must wait until 2014. And the taxes do. And then conceivably 2015 when they go to seek a refund. And then suit so that would drag this -- -- not to election year 2012 but election year 2016. So even though. Listeners to get the audio from Monday's. Big oral argument would hear about the anti injunction act which is the tax policy at issue. Rather than anything about congress requiring people to buy insurance or eat broccoli and -- American Nate Harris. It's a crucial question so that's what's up --