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Jamie Dupree's Washington Insider

Posted: 9:53 p.m. Monday, April 25, 2011

No Health Law Fast Track 

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By Jamie Dupree

As many legal experts had predicted, the U.S. Supreme Court on Monday refused to accelerate consideration of legal challenges to the Obama Health law.

Without comment, the Justices refused to accept the suit by the Commonwealth of Virginia against the health reform law, which focuses on the constitutionality of the individual mandate, which requires all Americans to buy health insurance.

There are similar lawsuits working their way through a half dozen appellate circuits right now, which led many to believe that the High Court would avoid the issue for now, fully anticipating that the matter will get to the Justices as soon as this year.

The Virginia case is due for argument on May 10 before the Fourth Circuit in Richmond; another case will also be argued in Atlanta soon in the Eleventh Circuit.

"The Supreme Court rarely expedites case," said Virginia Attorney General Ken Cuccinelli. "Expediting our case would have been the exception and so, although disappointing, this is not surprising."

Still, Cuccinelli argued in a statement released after the Court's refusal that fast action is very important, not only for Virginia, but for all other states involved in litigation against the health reform law.

"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," Cuccinelli said.

"This case’s logical end point is the Supreme Court. It will simply have to make its way through the Fourth Circuit first," he added.

If you look at the various challenges, it's not hard to see the Justices getting some of these cases by later this year, with possible arguments and decisions by the Supreme Court next year - during a Presidential election year.

For now though, the case will work its way to the Supreme Court in a normal fashion.

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Jamie Dupree

About Jamie Dupree

Jamie Dupree is the Radio News Director of the Washington Bureau of the Cox Media Group and writes the Washington Insider blog.

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