Virginia AG Seeks Immediate Supreme Court Review of Health Reform Rulings
The state Attorney General in Virginia — the state with conflicting federal court opinions on the constitutionality of the individual mandate provision of the health care law — is planning to ask that the United States Supreme Court address the Constitutional issues on an expedited basis, bypassing intermediate appellate review by the Circuit Courts of Appeal. The Commonwealth of Virginia opposed the individual mandate and filed suit against the Department of Health and Human Services, and won in Commonwealth v. Sebelius. Nonetheless, the state AG apparently wants definitive review to put the matter to rest. Republican lawmakers are urging the Obama Administration to join in the request but it has so far declined.
Obtaining expedited review before the Supreme Court is a long-shot. The Court will directly accept those cases of “imperative public importance” without intermediate appellate review, but rarely does. Perhaps the most notable expedited review case was Bush v. Gore, but that case obviously had a short fuse given the Constitutional timing requirements for the presidential terms.