Because the measure's individual mandate does not take effect until 2014, Administration lawyers are arguing that there is "no persuasive reason" to speed the Supreme Court's consideration of this lawsuit.
The Hill: Administration: Supreme Court Shouldn't Hear Health Law Case Just Yet
There is "no persuasive reason" to fast-track Virginia's challenge of the health care reform law to the Supreme Court, the Obama administration has argued to the nation's top court. Virginia Attorney General Ken Cuccinelli (R), who successfully challenged the law's requirement for individuals to purchase insurance by 2014, had asked the Supreme Court to let the administration's appeal skip over appeals court and go directly to the high court. Noting that the so-called individual mandate does not go into effect until 2014, Acting Solicitor General Neal Katyal said the courts are in no rush to make their decision (Millman, 3/15).
Modern Healthcare: White House Urges Court Not To Rush Health Reform Lawsuit
A Virginia federal appeals court should not grant an "immediate determination" of a case focused on the constitutionality of the individual mandate, according to court documents submitted March 14 by the Obama administration. Instead, the court considering the administration's appeal of a lower court ruling striking down the health care reform law's requirement that most Americans must obtain insurance should move through the "normal course of appellate review" (Daly, 3/15).
The Washington Post: Obama Urges Supreme Court To Deny Va.'s Request For Expedited Health Care Review
The Obama Administration has asked the U.S. Supreme Court to reject a request from Virginia Attorney Gen. Ken T. Cuccinelli II (R) that the high court take the unusual step of expediting review of the state's lawsuit challenging the constitutionality of the federal health care law (Helderman, 3/15).
Meanwhile, in related news —
The Atlanta Journal-Constitution: Court Agrees To Expedite Health Care Appeal
The 11th U.S. Circuit Court of Appeals in Atlanta has agreed to expedite the appeal of a Florida judge's ruling that found the health care law unconstitutional. The court issued an order Friday directing the Justice Department to file its initial brief on April 4 and ending the briefing schedule on May 25. The order did not say when the court would hear arguments. At issue is U.S. District Judge Roger Vinson's Jan. 31 order that found in favor of 26 states, including Georgia, that the health care law was unconstitutional (Rankin, 3/15).