On April 15, the U.S. Supreme Court will discuss Virginia's petition to have its lawsuit against the federal health-care law bypass appellate court review and be heard directly by the high court.
The Supreme Court put the matter on its calendar. There is no timetable for the court to decide on Virginia's petition, however.
The case, Commonwealth of Virginia v. Kathleen Sebelius, President Barack Obama's secretary of health and human resources, currently is scheduled to be heard May 10 in the 4th U.S. Circuit Court of Appeals.
Attorney General Ken Cuccinelli has petitioned the Supreme Court to take the case directly, arguing that the seriousness of the issue and the costs associated with implementing the legislation require resolution of the matter sooner rather than later.
Cuccinelli's suit claims the individual mandate provision of the Patient Protection and Affordable Care Act is unconstitutional. The act would require nearly every American to purchase health insurance by 2014 or face a penalty.
Justice Department lawyers maintain that Congress acted within its authority under the Commerce Clause to pass the law and the mandate. And they have opposed having the case directly heard by the U.S. Supreme Court, arguing that the issue would benefit from appellate review.
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