Virginia Attorney General Ken Cuccinelli says he will file a petition today asking the Supreme Court to consider Virginia’s health care lawsuit, Commonwealth v. Sebelius, now instead of allowing it to go through the usual appellate process.
Cuccinelli cited the court’s Rule 11, which provides for immediate review ìupon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination inî the Supreme Court.
"We did not make this decision lightly," Cuccinelli said in a statement. "Given his unique responsibilities to fund and implement Patient Protection and Affordable Care Act as governor of Virginia, Governor McDonnell is particularly concerned about the possibility of wasting precious and strained taxpayer dollars preparing for a law that may well be struck down."
The federal health care law is being challenged in court by 28 states, and two federal judges have already ruled parts or all of it unconstitutional.
"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," Cuccinelli added.