The U.S. Supreme Court has denied Virginia's petition to have its lawsuit against federal health-care legislation bypass appellate review and be heard directly by the court.
As a result, the lawsuit will continue on its current path to the 4th U.S. Circuit Court of Appeals, which is scheduled to hear the case May 10 in Richmond.
More than two dozen other states, led by Republican attorneys general, also are parties to lawsuits against the health-care law. Hearings are scheduled in three appellate courts in May and June. On this schedule, the Supreme Court could decide the case by summer 2012.
The court on Monday turned down without comment Attorney General Ken Cuccinelli's bid to expedite high-court review of litigation against President Barack Obama's Patient Protection and Affordable Care Act.
The Supreme Court rarely grants the petitions to bypass appellate review, but Cuccinelli had argued that Virginia and other states and businesses are being forced to spend millions of dollars to prepare and implement the law, making a swift disposition of the matter urgent and in the interest of all parties.
"Asking the court to expedite our lawsuit was about removing this crippling and costly uncertainty as quickly as possible," Cuccinelli said in a statement, describing the ruling as "disappointing" but "not surprising."
Gov. Bob McDonnell also expressed disappointment in the ruling, noting that the Supreme Court ultimately will decide the case.
"It would serve all sides better if that determination could be made sooner rather than later," the governor said in a statement, which also called the legislation "fundamentally flawed."
"The court's refusal to hear this case now will force states and businesses to incur increased costs and expend significant effort to begin preparations necessary to ensure compliance with this law, which ultimately may be ruled unconstitutional."
Virginia Democrats, meanwhile, hailed the court's decision and used it as an opportunity to attack Cuccinelli.
"The Supreme Court did the right thing in requiring our litigious attorney general to pursue his personal crusade against health reform through the proper legal channels," said state Democratic Party Chairman Brian Moran.
"It is unfortunate, however, that this ruling all but ensures that this issue will continue to distract Ken Cuccinelli from more important issues for the foreseeable future."
Virginia is challenging the constitutionality of the law, specifically the insurance-mandate provision, which would require nearly every American to obtain health insurance by 2014 or face a penalty. Virginia is arguing that Congress overstepped its authority in enacting the provision because it compels Americans to engage in commerce and penalizes those who don't.
The Justice Department, representing the Obama administration, argues that Congress has the regulatory authority because health care is a unique market in which every American will participate at one point in their lives, regardless of whether they obtain insurance. Uninsured Americans cost the system $43 billion a year.
The Justice Department supported the case going through the normal process, saying the Supreme Court would benefit from appellate review.
(804) 649-6061
Email
Facebook
Google
Twitter
Favorites
More
Advertisement