Virginia to Ask for U.S. Supreme Court Expedited Review of Health-Care Law

The U.S. Department of Justice opposes the motion, preferring that the case be heard fully in lower courts first.

February 07, 2011

RICHMOND, Va. - Virginia Attorney General Ken Cuccinelli II will ask the U.S. Supreme Court to look without delay at the constitutional challenge against the health-care reform act, the Washington Post reports.

The unusual legal demand would circumvent appeals courts and go straight to the high court. Cuccinelli pointed to conflicting court rulings about the constitutionality of the law as creating enough uncertainty about its execution to validate expediting review by the Supreme Court.

The U.S. Department of Justice disagrees with the motion, saying all cases should proceed through lower courts before reaching the Supreme Court. Historically, the high court has heard such requests sparingly. Many experts don??t believe Cuccinelli??s motion will fly.

"Regardless of whether you believe the law is constitutional or not, we should all agree that a prompt resolution of this issue is in everyone's best interest," said Cuccinelli in a statement.

At the heart of the dispute is a requirement that all individual purchase health insurance, but not until 2014. In December, a Virginia U.S. District Court judge decided that the law is unconstitutional because of that requirement. An appeal by the federal government pushed the case into the Fourth Circuit Court of Appeals, which has the case on the May docket.

Meanwhile, a Florida federal judge also decided that the law is unconstitutional in a lawsuit filed by Florida and 25 other states. But two other federal judges have upheld the law in other cases.

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