Virginia may seek expedited health-care legislation ruling (straight to Supreme Court)

[underpants]

Source: Richmond Times-Dispatch

Richmond, Va. --
The Virginia attorney general's office is considering a petition to fast track the state's challenge to federal health-care legislation so the case would bypass the appellate court and be heard directly by the U.S. Supreme Court.

Attorney General Ken Cuccinelli said Virginia -- which filed a challenge to the Patient Protection and Affordable Care Act in March and is awaiting a ruling in U.S. District Court this month on the constitutionality of the new law -- has discussed with federal lawyers the possibility of forgoing the appellate court review of the case and petitioning the Supreme Court directly to hear the matter.

Legal experts say a petition for a writ of certiorari, in a federal case is rarely granted before the case has been adjudicated in the U.S. Court of Appeals.

According to Supreme Court Rule 11 of the United States Code, such writs are granted "only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court." Four of the nine justices of the U.S. Supreme Court must approve the petition for the case to be heard directly.



Read more: http://www2.timesdispatch.com/news/news/2010/dec/05/cucc05-ar-695473/

[snappyturtle]

1. Is anyone surprised? nt

[COLGATE4]

2. Anybodhy want to bet on whether the 5 Fundies vote to hear it?

[atreides1]

3. Sounds like Kenny is nervous

[COLGATE4]

4. No, I tthink he figures he's got 5 votes on the USSCt to derail it,

and doesn't want to have an apellate decision which might be contrary to muck it up.

[AlbertCat]

5. Does anyone know how much this is costing VA taxpayers?

The citizens of VA obviously don't.

[underpants]

8. $350

http://www.mytimesdispatch.com/index.php/virginiapolitics/comments/cuccinelli_to_dems_lawsuit_costs_350/

[COLGATE4]

10. Yep. Any asshole with $350 can ask the USSCt to take cert

[Blue_Tires]

11. the cost to our dignity is just a little greater...

[elleng]

6. Well done story; facts actually presented and process explained!

[yourout]

7. I am betting the SCOTUS upholds the Health Care Reform....The mandate in particular is....

a huge boon to the Insurance Cartels.

[MisterP]

9. it's quite brilliant, actually: thousands of people who'd be hitting the streets

had this passed under a Republican are now silent, solely because Cuccinelli and the More Center are against it

if that sentence sounds irrational, that's because it is

[Blue_Tires]

12. and of course, if this had passed under a Republican,

Cuccinelli and the More Center would be telling the world how awesome it is...

funny how that works...

[MisterP]

13. which is precisely why we have to judge policies by the policies themselves,

not by any political theater surrounding the bills