Now in Legal Rebels:
Posted Apr 25, 2011 02:27 pm CDT
The U.S. Supreme Court has turned down a request from Virginia’s attorney general to hear a challenge to the new health care law on an expedited basis.
The court turned down the request today, report SCOTUSblog and the Associated Press. Justice Elena Kagan apparently participated in the decision to deny cert, according to NBC News’ First Read blog and the Washington Post. Some had speculated her work as solicitor general would keep Kagan from hearing a future challenge to the law.
Hearings on the law are scheduled in three federal appeals courts in May and June. The first hearing is on May 10 in the Richmond, Va.-based 4th U.S. Circuit Court of Appeals.
Virginia Attorney General Ken Cuccinnelli had sought an expedited review of the constitutionality of the law’s requirement for individuals to buy health insurance. The U.S. Justice Department had opposed expedited review.
The case is Virginia v. Sebelius.
ABAJournal.com: “DOJ Advises Supreme Court There’s No Rush on Review of Health Care Law”
ABAJournal.com: “ ‘Smart Money’ Says Supreme Court Won’t Thwart Health Care Bill, Law Prof Says”
ABA Journal: “With the High Court in Mind, Challenges to the Health Bill Move Ahead”