The waiting game on Virginia Attorney General Ken Cuccinelli’s petition to take the state’s health care case directly to the U.S. Supreme Court is going to continue just a bit longer.
The petition was on the court’s calendar Friday, but as of Monday morning the justices has still not announced whether they would hear the case.
In Virginia’s case, U.S. District Court Judge Henry Hudson ruled in December that the provision in the federal law mandating that most Americans eventually purchase health insurance is unconstitutional. The U.S. Department of Justice subsequently appealed, and a hearing is scheduled for next month in the Fourth U.S. Circuit Court of Appeals.
Cuccinelli has argued that the uncertainty of the law warrants an expedited review from the country’s highest court, while Justice Department lawyers say the case should progress through the normal appellate process.
The case is separate from a different, multi-state case filed in Florida, in which Judge Roger Vinson ruled the entire law unconstitutional. Three other federal judges have upheld the law.
