Virginia Asks Supreme Court for “Prompt Resolution” to Health Care Challenges

Feb 3, 2011 12:29pm

ABC News' Ariane de Vogue reports:  Ken Cuccinelli, Virginia’s Attorney General announced this morning that he will ask the Supreme Court to bypass the appellate court and decide whether the recently passed health care law is constitutional. In a statement Cuccinelli said, “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.” Last month US District Court Judge Henry Hudson sided with Virginia and found that the law’s requirement that every individual buy health insurance by 2014 or pay a fine was unconstitutional. So far two federal judges have ruled in favor of the law and two others have struck down the individual mandate. In his statement Cuccinelli said, “Given the uncertainty caused by the divergent rulings of the various district courts on the constitutionality of the Patient Protection and Affordable Care Act, we feel that it is necessary to seek resolution of this issue as quickly as possible. ” The Department of Justice is not asking the Supreme Court to step in and hear the issue. Tracy Schmaler, a spokesperson for the Department of Justice said that the Department believes the case should follow the “ordinary course of allowing the court of appeals ” to hear the issue. Arguments have been scheduled for this May in the Fourth Circuit Court of Appeals. For more on health reform and lawsuits, check out our story here.

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