The U.S. Supreme Court has denied Virginia’s request for fast track consideration of the state’s challenge to the federal health care program.
No opinion or dissents accompanied the brief announcement Monday that the “petition for a writ of certiorari before judgment” filed by Attorney General Ken Cuccinelli was denied.
“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,” said Cuccinelli in a statement released by his office.
Cuccinelli seeks affirmation of the December ruling by U.S. District Judge Henry Hudson declaring the federal health care mandate to be unconstitutional. Another Virginia federal judge, Norman K. Moon of Lynchburg, upheld the law.
Both cases are scheduled to be argued before the 4th U.S. Circuit Court of Appeals at 9:30 a.m. on May 10.
By Peter Vieth