The Supreme Court refused Virginia Attorney General Ken Cuccinelli's request to expedite his challenge against the Affordable Care Act Monday.
Cuccinelli argued the health care reform is unconstitutional because it mandates citizens purchase something, specifically health insurance from private organizations. He petitioned the Supreme Court to bypass the legal proceedings of the appellate court and was denied.
Brian Moran, chairman of the Democratic Party of Virginia , agreed with the court's ruling.
"The Supreme Court did the right thing in requiring our litigious Attorney General to pursue his personal crusade against health reform through the proper legal channels," Moran said in a press release.
Moran applauded the health care reform for allowing more than 100,000 people to maintain their health insurance. He also criticized the attorney general for avoiding the important issues facing Virginians such as the economy and unemployment.
In a press release, Cuccinelli noted the strain the health care act puts on states. The law, Cucinelli said, is extremely costly.
"The argument is that it was going to be expensive for the country and therefore for taxpayers," said Isaac Wood, communications director for the University Center for Politics and former Cavalier Daily opinion columnist. He added that Cuccinelli asserts the act restricts economic freedom and imposes significant restrictions on citizens.
Gov. Bob McDonnell supported Cuccinelli's push to receive a ruling more quickly.
"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," McDonnell said.
Professor A. E. Dick Howard, White Burkett Miller professor of law and public affairs, said Cuccinelli wanted to expedite the lawsuit because of the importance of the issue and because states look to the Supreme Court for guidance.
Usually, cases must run their course within the appellate court before they are presented to the Supreme Court, Howard said. Cuccinelli wanted to bypass the federal court of appeals, however, because of the time restraints surrounding the issue.
"It would be highly unusual for the Supreme Court to grant a case like this one," Howard said. "The reasoning is that, that way, once the justices hear the case they have the benefit of the views and arguments of appellate court. That's the standing practice."
Howard said the case eventually will be heard in the Supreme Court, but the insights to be gained from the appellate process led the justices to refuse Cuccinelli's request.
Currently the case is pending in the Fourth Circuit Court of Appeals, and the hearing will be in May.
"This case will end up in the Supreme Court and will be heard by the Supreme Court in due course," Howard said.
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