SCOTUS denies Cuccinelli petition for expedited health care review 

Update: Cuccinelli has responded to the Supreme Court's decision with the following statement:

“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.  Asking the court to expedite our lawsuit was about removing this crippling and costly uncertainty as quickly as possible.  We were gratified that both Republicans and Democrats in Virginia supported the effort to expedite.

“The Supreme Court rarely expedites cases under its Rule 11.  Expediting our case would have been the exception and so, although disappointing, this is not surprising. 

“We look forward to making our arguments in the U.S. Fourth Circuit Court of Appeals on the morning of May 10th here in Richmond.  This case’s logical end point is the Supreme Court.  It will simply have to make its way through the Fourth Circuit first,” Cuccinelli said.

The U.S. Supreme Court has denied Virginia Attorney General Ken Cuccinelli’s petition requesting an expedited review of the state’s lawsuit against the federal heatlh care law.

U.S. District Court Judge Henry Hudson ruled in Cuccinelli's case in December that the provision in the federal law mandating that most Americans eventually purchase health insurance is unconstitutional. The Justice Department subsequently appealed, and a hearing is scheduled for next month in the Fourth U.S. Circuit Court of Appeals.

Cuccinelli has argued that the uncertainty of the law warrants an expedited review from the country’s highest court, while Justice Department lawyers say the case should progress through the normal appellate process.

The case is separate from a multi-state case filed in Florida, in which Judge Roger Vinson ruled the entire law unconstitutional. Three other federal judges have upheld the law.

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