The Roanoke Times is reporting that Virginia Attorney General Ken Cuccinelli intends to file a Rule 11 request with the U.S. Supreme Court which allows an expedited review of the contentious clause that would force all Americans to buy health insurance or pay a penalty. The request is being made on behalf of his case, which involves the state of Virginia, as well as a much larger challenge involving dozens of states, both of which have been ruled worthy to move forward in federal court.
"Regardless of whether you believe the law is constitutional or not, we should all agree that a prompt resolution is in everyone's interest," Cuccinelli said in a statement. The request is being prepared and will be filed "as soon as is practicable," his office said.
In response, the Justice Department issued a statement saying the Virginia challenge should first be heard by an appeals court because the Cuccinelli lawsuit is based on a state law. It also pointed out that because the challenged mandate does not go into effect until 2014, which gives sufficient time for the case to make its way through the legal system.
Virginia's Governor Bob McDonnell weighed in, calling Cuccinelli's action "proper and necessary."
"States, businesses and individuals are already incurring expenses of time and money as they seek to understand and prepare for the implementation of this unprecedented law in 2014," McDonnell said in a statement.
An expedited review by the high court would offer "clarity and finality on such an important national issue," he said.
© All Rights Reserved, Living His Life Abundantly®/Women of Grace® http://www.womenofgrace.com
ObamaCare Legal Challenge May be Fast-Tracked to Supreme Court
By Susan Brinkmann, OCDS
Staff Journalist
Virginia's attorney general announced yesterday that he will ask the U.S. Supreme Court to consider the legal challenge to the individual mandate now rather than wait for what could be a lengthy and costly appeals court review.
The Roanoke Times is reporting that Virginia Attorney General Ken Cuccinelli intends to file a Rule 11 request with the U.S. Supreme Court which allows an expedited review of the contentious clause that would force all Americans to buy health insurance or pay a penalty. The request is being made on behalf of his case, which involves the state of Virginia, as well as a much larger challenge involving dozens of states, both of which have been ruled worthy to move forward in federal court.
"Regardless of whether you believe the law is constitutional or not, we should all agree that a prompt resolution is in everyone's interest," Cuccinelli said in a statement. The request is being prepared and will be filed "as soon as is practicable," his office said.
In response, the Justice Department issued a statement saying the Virginia challenge should first be heard by an appeals court because the Cuccinelli lawsuit is based on a state law. It also pointed out that because the challenged mandate does not go into effect until 2014, which gives sufficient time for the case to make its way through the legal system.
Virginia's Governor Bob McDonnell weighed in, calling Cuccinelli's action "proper and necessary."
"States, businesses and individuals are already incurring expenses of time and money as they seek to understand and prepare for the implementation of this unprecedented law in 2014," McDonnell said in a statement.
An expedited review by the high court would offer "clarity and finality on such an important national issue," he said.
© All Rights Reserved, Living His Life Abundantly®/Women of Grace® http://www.womenofgrace.com
The Roanoke Times is reporting that Virginia Attorney General Ken Cuccinelli intends to file a Rule 11 request with the U.S. Supreme Court which allows an expedited review of the contentious clause that would force all Americans to buy health insurance or pay a penalty. The request is being made on behalf of his case, which involves the state of Virginia, as well as a much larger challenge involving dozens of states, both of which have been ruled worthy to move forward in federal court.
"Regardless of whether you believe the law is constitutional or not, we should all agree that a prompt resolution is in everyone's interest," Cuccinelli said in a statement. The request is being prepared and will be filed "as soon as is practicable," his office said.
In response, the Justice Department issued a statement saying the Virginia challenge should first be heard by an appeals court because the Cuccinelli lawsuit is based on a state law. It also pointed out that because the challenged mandate does not go into effect until 2014, which gives sufficient time for the case to make its way through the legal system.
Virginia's Governor Bob McDonnell weighed in, calling Cuccinelli's action "proper and necessary."
"States, businesses and individuals are already incurring expenses of time and money as they seek to understand and prepare for the implementation of this unprecedented law in 2014," McDonnell said in a statement.
An expedited review by the high court would offer "clarity and finality on such an important national issue," he said.
© All Rights Reserved, Living His Life Abundantly®/Women of Grace® http://www.womenofgrace.com
