|PersonalizeThe Washington PostCampaignsCongressCourts &LawThe Fed PageHealth CarePollingWhite HouseWho Runs GovBlogs & ColumnsIn the NewsRon Paul Cheri Daniels Newt Gingrich facts A Mormon president? Situation room TWP_Debug.pagedebug && window.console && console.log && console.log('[' + (new Date()-TWP_Debug.initialTime)/1000 + ']' + ' skeleton - start');Supreme Court turns down Va.’s request to expedite review of health-care law
Text SizePrintE-mailReprints By Robert Barnes, The Supreme Court on Monday turned down Virginia’s request that it rule immediately on the constitutionality of the nation’s health-care overhaul.
The decision to reject Virginia Attorney General Ken Cuccinelli II’s request for expedited review, announced routinely without elaboration or noted dissent, is not surprising. The court rarely takes up issues that have not received a full review in the nation’s appeals courts.
Loading...CommentsWeigh InCorrections?
Health-care law challenges
View the graphicVarious challenges to the health-care law championed by the Obama administration and passed by the Democratic-controlled Congress in 2010 are proceeding rapidly. Hearings are scheduled for next month in the U.S. Court of Appeals for the 4th Circuit in Richmond, and two other appellate courts will address the issue in June.
Depending on the speed of the appeals courts and the legal process, the issue could arrive back at the court by next year, in the thick of the next presidential election.
Cuccinelli, a Republican elected in 2009, has been one of the most vocal opponents of the Patient Protection and Affordable Care Act, which has been a major issue in the nation’s political debate since its passage.
He challenged Congress’s authority to pass the so-called individual mandate, which requires nearly all Americans either be covered by their employer’s insurance or buy their own coverage.
Cuccinelli told the court that it should short-circuit the usual appeals process because of a “palpable consensus in this country that the question of PPACA’s constitutionality must be and will be decided in this court.”
But the Obama administration countered that the individual mandate requirement does not take effect until 2014, and that the justices would benefit from reviews of the law now underway in the appellate courts.
Lawsuits challenging the act have been filed across the country, and the results so far have fit a partisan pattern: Democratic-appointed judges have upheld the constitutionality of the individual mandate, Republican-appointed judges have struck it down. Virginia has one of each: a decision in support of the act in the eastern district, and against it in the western district.
The court of appeals in Richmond will consider both in its hearing May 10.
Responding to the Supreme Court’s decision, Cuccinelli said in a statement that the action was “disappointing but not surprising,” given the rarity of such expedited cases.
“We asked the United States Supreme Court for expedited review of our lawsuit because Virginia and other states are already spending huge sums to implement their portions of the health-care act, businesses are already making decisions about whether to cut or keep employee health plans, and citizens are in limbo until the Supreme Court rules,” he said. “Asking the court to expedite our lawsuit was about removing this crippling and costly uncertainty as quickly as possible.”
Monday’s action on the Virginia request did provide one clue about the court’s future deliberations on the health-care law: It appears that Justice Elena Kagan participated in the decision. Conservative critics of the law have suggested that Kagan might have to sit out review of the law because of her role as President Obama’s first solicitor general.
Kagan told the Senate during her confirmation hearings last summer that she took part in only the most minor of discussions about the health-care law.
The case is Virginia v. Sebelius.
+ SHAREEmailTwitterFacebookStumbleuponDigg
SuperFan badge holders consistently post smart, timely comments about Washington area sports and teams.
If your comments or those of another user measure up, please let Post editors know.
Fact CheckerFact Checkers contribute questions, information and facts to The Fact Checker.
If your comments or those of another user measure up, please let Post editors know.
WashingtologistWashingtologists consistently post thought provoking, timely comments on events, communities, and trends in the Washington area.
If your comments or those of another user measure up, please let Post editors know.
Post WriterThis commenter is a Washington Post editor, reporter or producer.
Post ForumPost Forum members consistently offer thought provoking, timely comments on politics, national and international affairs.
If your comments or those of another user measure up, please let Post editors know.
Post RecommendedWashington Post reporters or editors recommend this comment or reader post.
+ SHARE THIS DEBATEPeople who read this also read...SlateSlate V: Princess Beatrice’s Hat on eBayFacebook smeared Google? C'mon!Meltdowns. Floods. Tornadoes. Oil spills. Grid crashes. Why disasters are becoming more frequent, and what we can do about it. TWP_Debug.pagedebug && window.console && console.log && console.log('[' + (new Date()-TWP_Debug.initialTime)/1000 + ']' + ' right_rail_shell.jpt - start');
Network News Hide this Most Popular Friends' Activity Most Popular Most Tweeted Twitter Activity Most Popular Right Now
Your Friends’ Most Recent Activity
Follow The Post: Facebook Twitter View More ActivityThe Post Most: PoliticsMost-viewed stories, videos and galleries int he past two hoursMost Popular SectionTop VideosTop GalleriesPOTUS TrackerFriday, May 13, 20119:30 a.m.Obama receives the Presidential Daily Briefing10:10 a.m.Obama meets with NATO Secretary General Anders Fogh Rasmussen Congressional Database Browser every vote in the U.S. Congress since 1991 or search the database to see how your member voted on a particular issue.Explore the 111thHouseSenateBillsHouseH RES 264May 12, 2011MoreHouseH CON RES 50May 12, 2011MoreHouseH R 1231May 12, 2011MoreSenateOn the NominationMay 12, 2011MoreSenateOn the NominationMay 11, 2011MoreSenateOn the NominationMay 10, 2011MoreBillH R 1473(Title not available.)MoreBillH R 1423(Title not available.)MoreBillH R 1363(Title not available.)More FIND MEMBERS OF CONGRESSPolitics NewslettersSign-up for e-mail newsletters and alerts and get the news you need delivered directly to your inbox. Behind the Government ShowdownAfternoon FixEzra Klein's WonkbookFederal InsiderMorning FixPolitics News & AnalysisPolitics News AlertsSunday Agenda & RoundupSee all Washington Post Newsletters var fixLink = function(){ //console.log("content ready"); var link = $("#rev_ad2").find("a.right-arrow"); link.attr('href','http://www.slate.com');}YUI().use('node-base',function(Y) { Y.on("contentready", fixLink, ".rev-widget");})Connect with Post Politics
Facebook: Become a fan of Washington Post PoliticsFacebook: Become a fan of Washington Post PoliticsTwitter: Follow us on TwitterRSS: Subscribe to our RSS feedsAlerts: Sign up for news alertsMobile: Washington Post on the goApp Store: View our iPhone applications Featured Advertiser LinksOil Spill, Mesothelioma Class Action, Femur Fracture, Navy Veterans, Asbestos News Center, Dross, Mesothelioma Symptoms>>Gas Drilling, Metal on Metal Hip, Mesothelioma Treatment, Yaz, Asbestos cancer, Knee loosening>>Looking to buy a home? Visit TWP Real Estate section for the latest open houses.>>Make Your Vanguard Investing More Profitable - Free Research Report Reveals Best & Worst Funds>>TWP_Debug.pagedebug && window.console && console.log && console.log('[' + (new Date()-TWP_Debug.initialTime)/1000 + ']' + ' right_rail_shell.jpt - end');TWP_Debug.pagedebug && window.console && console.log && console.log('[' + (new Date()-TWP_Debug.initialTime)/1000 + ']' + ' skeleton - end'); Politics Links CampaignsCongressCourts &LawThe Fed PageHealth CarePolling White HouseWho Runs GovBlogs & Columns Ways you can get us Mobile Podcasts Apps Newsletter & alerts Widgets RSS Post Store Facebook Photo Store Twitter Washington Post Live The Washington Post About Us Work for us Community Relations PostPoints Corrections/Suggestions Archive Contact the Ombudsman Web site Make us your homepage Newspaper Subscribe Home delivery service e-Replica Advertise In the newspaper On the web site Mobile Events The Washington Post Company Post Company web sites Partners Slate Who Runs Gov Express Night Out Captial Business El Tiempo Latino The Root Foreign Policy Trove Post Tickets Capitol Deal Service Alley © 1996- The Washington Post User Agreement and Privacy Policy Rights and Permissions Help Contact Us Ad Choices TWP_Debug.pagedebug && window.console && console.log && console.log('[' + (new Date()-TWP_Debug.initialTime)/1000 + ']' + ' js/footer.jpt - footer start');TWP_Debug.pagedebug && window.console && console.log && console.log('[' + (new Date()-TWP_Debug.initialTime)/1000 + ']' + ' js/footer.jpt - footer done');TWP_Debug.pagedebug && window.console && console.log && console.log('[' + (new Date()-TWP_Debug.initialTime)/1000 + ']' + ' frameset - end');