DOJ Opposing HCR Reform Challenge Expedited Review Request

February 4, 2011 ( – The U.S. Justice Department will oppose a request by Virginia Attorney General Ken T. Cuccinelli to have the U.S. Supreme Court hear health reform challenge appeals right away.

The Washington Post reported that federal officials claim the appeals should be fully heard by lower appellate courts before the high court acts.

Justice Department spokeswoman Tracy Schmaler told the Post that the expedited review would not significantly change the timeline of the appeal involving a ruling in Cuccinelli’s HCR challenge, since the 4th U.S. Circuit Court of Appeals is to hear it in May, likely allowing the Supreme Court to take up the case during its next term.

Cuccinelli announced this week that he would ask for the expedited high court action under a Supreme Court rule of procedure allowing justices to immediately take on cases involving issues of great public importance (see VA to Ask Supreme Court for Immediate HCR Challenge Suit Hearing).