Supreme Court Nixes Cooch Fast-Track Attempt on Health Care Challenge


    The Kaplan Post reports, “The Supreme Court on Monday turned down Virginia’s request that it rule immediately on the constitutionality of the nation’s health-care overhaul.” That’s good and bad news. On the positive side, it’s always great to see Virginia’s out-of-control, ultra-ideological, teahadist Attorney General get stuffed, for whatever reason. On the other hand, I agree with Del. Patrick Hope, who writes on Facebook:

    The U.S. Supreme Court today rejected Virginia’s attempt to bypass intermediate appellate review of a decision that declared unconstitutional a key provision of the federal health reform law but still allowed implementation of the law. I guess we’ll have to wait another year to find out Congress acted within its constitutional powers. I wanted to get this over with too…

    Unfortunately, it appears that this thing’s going to drag on and on and on and on, for no particularly good reason as far as I can see. And, in the end, I find it hard to believe that the Supreme Court will issue any kind of broad ruling striking down the health care law, or even the so-called “individual mandate,” which was an idea coming out of the Republican Party and conservative think tanks. I mean, other than Cooch’s rantings and ravings (and contorted interpretation of the Constitution), there would be precious little legal justification for such a move. Anyway, we’ll see in due course…but that course will take a while to complete, not be rushed as some sort of emergency, as Cooch would have liked.

    • I am disappointed by the Supreme Court’s refusal to expedite the appeals of the federal health care law. The high court will undoubtedly become the venue for determining if the requirement for every citizen to purchase health insurance violates the Constitution. It would serve all sides better if that determination could be made sooner rather than later.

      The court’s refusal to hear this case now will force states and businesses to incur increased costs and expend significant effort to begin preparations necessary to ensure compliance with this law, which ultimately may be ruled unconstitutional.

      Supporters and opponents of this law should agree on one thing, we need a definitive answer to its constitutionality so that we can move forward in the appropriate manner.

      While it is rare for the Supreme Court to expedite appeals, and therefore today’s decision is not a surprise, this decision nonetheless delays the inevitable and will ultimately impact taxpayers and states as they struggle to understand and come into compliance with the sweeping changes of this fundamentally flawed legislation.  I am grateful that the 4th Circuit Court of Appeals is moving quickly to resolve the appeal so it can proceed to the Supreme Court.

    • Elaine in Roanoke

      It’s really important for the proponents of the case that Justice Elena Kagan did NOT recuse herself from hearing the case and participated in the refusal to allow fast-track.

    • over at Bacon’s Rebellion.

      …The usual procedure is for the justices to wait to get the decisions of lower appeals courts before weighing in on them.

      But that obviously wasn’t good enough for Cuccinelli, a hard-right politician who wants to score national points by being especially aggressive against Obamacare. He’s been show-boating and playing to the Republican faithful with his fast-track scheme, which, of course, is costing the Virginia taxpayer extra.