Benefits February 3, 2011

VA to Ask Supreme Court for Immediate HCR Challenge Suit Hearing

February 3, 2011 (PLANSPONSOR.com) – Virginia Attorney General Ken Cuccinelli will ask the United States Supreme Court to accept the appeal of the state’s health care reform lawsuit even before it winds its way through federal appellate courts.
Reported by

Cuccinelli said in a news release that the state would rely on a Supreme Court rule of procedure allowing such expedited reviews in cases involving matters of great public importance. The official said the health reform challenge fits into that category because efforts by state officials who are now preparing to implement the law would be rendered moot were the reform act be thrown out.

“Given the uncertainty caused by the divergent rulings of the various district courts on the constitutionality of the Patient Protection and Affordable Care Act, we feel that it is necessary to seek resolution of this issue as quickly as possible,” said Cuccinelli, in the news release.  “Currently, state governments and private businesses are being forced to expend enormous amounts of resources to prepare to implement a law that in the end, may be declared unconstitutional.  Regardless of whether you believe the law is constitutional or not, we should all agree that a prompt resolution of this issue is in everyone’s best interest.”

Virginia’s HCR challenge is currently pending in the 4th U.S. Circuit Court of Appeals (see Judge Strikes Down HCR Coverage Mandate).

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