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Cuccinelli: Take health care case straight to Supreme Court

Virginia Attorney General Ken Cuccinelli will request expedited review of the Virginia health care challenge by the U.S. Supreme Court, a move which would skip review of the case by the 4th U.S. Circuit Court of Appeals.

In a Feb. 3 news release, Cuccinelli said it’s important to get the issue resolved before Virginia and other states have to spend “enormous amounts of resources” to prepare for a law that may be declared unconstitutional.

Just last week, the 4th Circuit agreed to an expedited schedule for hearing the Virginia health care challenge. The case is now set to be heard by the appeals court sometime between May 10 and 13.

A Supreme Court rule permits skipping circuit review, however, “upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in” the Supreme Court.

The Justice Department did not agree to join Cuccinelli’s request for immediate Supreme Court review, although the administration did join in the request for expedited review by the 4th Circuit.

Cuccinelli says the petition and appendix are being assembled by a printer now and will be filed as soon as possible.

UPDATE:

The petition for expedited review was filed Feb. 8, the attorney general’s office reports. A copy is here.

By Peter Vieth

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