May the Supreme Court accept a case to determine the constitutionality of the Health Care Bill, where there is still a pending case on this issue in the 4th Circuit Court of Appeals?
Virginia Attorney General Kenneth Cuccinelli has asked the Supreme Court to hear a direct appeal of the federal case on the Constitutionality of the implementation of the health-care law. The Obama administration is urging the 4th Circuit Court of appeals to reverse the ruling that the health-care law is unconstitutional. The Department of Justice has filed a motion with the Supreme Court requesting that the Court wait for the 4th Circuit decision before deciding on this matter.
In response, Cuccinelli has filed a brief to try to convince the Supreme Court to hear the case before it goes to the Fourth Circuit. The case, Commonwealth of Virginia v. Kathleen Sebelius, is scheduled to be heard May 10 in the 4th U.S. Circuit Court of Appeals.
On April 15, the U.S. Supreme Court is scheduled to discuss Cuccinelli’s petition for the Supreme Court to hear the lawsuit and to bypass appellate court review.
Update: The Supreme Court decided not to hear the case.
“JULIE ROVNER: It’s pretty rare for the high court to agree to take a case directly from a trial court.
Professor TIMOTHY JOST (Washington and Lee University Law School): The case has to be of, quote, “such imperative public importance,” unquote, that it requires immediate determination in this court.
ROVNER: Timothy Jost is a law professor at Washington and Lee University Law School in Lexington, Virginia. He says the Court usually limits such expedited cases to those involving foreign relations, national security or national crises” (Rovner).
- Administration wants to slow health care challenge, AP, Mar 14, 2011, available at http://www.google.com/hostednews/ap/article/ALeqM5iUP6QiybZyj-9WcDYqTQzLhVin8g?docId=bb27636938c240d680f8b6c36ae3dad4
- Lyle Denniston, UPDATED: State presses health care case, SCOTUS Blog, March 22nd, 2011, available at http://www.scotusblog.com/2011/03/state-presses-health-care-case/
- Ashby Jones, DOJ Opposes Virginia’s Appeal of Health-Care Ruling to High Court, Wall Street Journal Law Blog, March 15, 2011, available at http://blogs.wsj.com/law/2011/03/15/doj-opposes-the-coochs-direct-appeal-of-health-care-ruling-to-high-court/?mod=WSJBlog
- Ashby Jones, The Cooch (Again) Presses for High Court Review of Health-Care Law, Wall Street Journal Law Blog, March 22, 2011, available at http://blogs.wsj.com/law/2011/03/22/the-cooch-again-presses-for-high-court-review-of-health-care-law/?mod=WSJBlog
- Jason Millman, Administration: Supreme Court shouldn’t hear health law case just yet, The Hill, Mar 15, 2011, available at http://thehill.com/blogs/healthwatch/health-reform-implementation/149515-administration-supreme-court-shouldnt-hear-health-law-case-just-yet
- Jim Nolan, Supreme Court will take up Virginia’s health-care petition April 15, Richmond Times-Dispatch, March 25, 2011, available at http://www2.timesdispatch.com/news/business/2011/mar/25/tdmet03-supreme-court-will-take-up-virginias-healt-ar-926751/
- Julie Rovner, Supreme Court Won’t Expedite Health Care Challenge, NPR, Apr. 28, 2011, available at http://www.npr.org/2011/04/26/135728518/high-court-wont-expedite-challenges-to-health-care-law?ft=1&f=1070
- Virginia seeks Supreme Court review of individual mandate, CCH® Healthcare Compliance, Mar 15, 2011, available at http://health.cch.com/news/healthcare-compliance/031511a.asp