Virginia Attorney General Ken Cuccinelli formally filed a petiton to the Supreme Court of the United States asking the court to bypass the normal appellate process and directly hear his case challenging the constitutionality of the federal health care law.
Given the importance of the issues at stake to the states and to the economy as a whole, the court should grant the petition “to resolve a matter of imperative public importance,” reads the petition.
Most believe that the case will ultimately end up before the U.S. Supreme Court, but such a petition is rarely granted and the Justice Department opposes expediting the case.
Judge Henry Hudson of Virginia in December ruled in the lawsuit brought by Cuccinelli that a provision in the health care law requiring most Americans to purchase health insurance or face a penalty was unconstitutional. A Florida judge recently ruled the entire law unconstitutional.
Two other judges, one in Michigan and one in Virginia in a separate case filed by Liberty University, have upheld the constitutionality of the law.
Meanwhile, Virginia Gov. Bob McDonnell signed a letter, along with 27 Republican governors, petitioning President Obama to direct the Justice Department to support the expedited appeals process so that the Virginia and Florida cases can reach the Supreme Court “as soon as possible.”
