Supreme Court rejects early review of Virginia healthcare challenge

April 26, 2011

By Julian Pecquet -The Hill

The Supreme Court announced Monday that it would not fast-track its review of Virginia Attorney General Ken Cuccinelli’s challenge against the new healthcare law.

All nine justices appear to have signed the decision to deny Cuccinelli’s petition to sidestep the appeals process. The decision, which does not contain any explanatory comment or dissent, was largely expected and returns the case to the 4th Circuit Court of Appeals.

“The petition for a writ of certiorari before judgment is denied,” the order says.


Cuccinelli (R), who is challenging the law’s individual mandate, had petitioned the court to take up the case as soon as possible.

“Given the importance of the issues at stake to the States and to the economy as a whole,” Cuccinelli argued in his Feb. 8 motion, “this Court should grant certiorari to resolve a matter of imperative public importance.”

Two federal judges have ruled the law’s individual mandate is unconstitutional, while several others have upheld it.

The Obama administration has argued that appeals courts should have their say — arguments have been scheduled in no fewer than four appeals courts over the next five months — while critics say the differing opinions to date are creating legal uncertainty and should be resolved as quickly as possible by the Supreme Court.


1 Comment - what are your thoughts?

  • Dan Andrews says:

    Your weekly question about cutting entitlement programs in order to reduce the Federal debt is not a proper “yes” “no” question. All entitlement programs should be made self-sustaining if possible, and those that aren’t should be dollars-per-capita bounded. The dollars required for all cost-bounded programs should be firm items in the annual budget. Our government representatives are tainted by the fear that doing the right thing will risk their being re-elected. Instead of making and using proper stoppers, the president and legislators are just watching our country go down the drain.

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