The Supreme Court has delayed its decision on whether it will hear Virginia Attorney General Ken Cuccinelli's case arguing that President Obama's health care plan is unconstitutional.
In his lawsuit, Cuccinelli claims that Obama's health care bill, signed into law in March 2010, conflicts with the Virginia Health Care Freedom Act, which prohibits the government from requiring citizens to purchase health insurance.
The case was scheduled to be considered by the court at a Nov. 22 scheduling conference. In orders issued by the court Monday, however, there was no mention of the state's case.
"The court has not yet taken any definitive action on our case," Cuccinelli spokesperson Brian Gottstein said in an email. "It could do so in the future, or it may not. We cannot speculate. We will just wait and see what it has to say."
Florida Attorney General Pam Bondi has also challenged Obama's health care plan, joining with 25 other states, a business group and two individuals to argue that personal health insurance is not within the scope of governmental regulation.
Cuccinelli's suit is not part of the multi-state appeal.
Assoc. Law Prof. Leslie Kendrick said although the court's actions could have a few possible meanings, "The most likely [scenario] is that [the court] is holding the case until the disposition of the Florida case ... Because both cases raise the issue of the constitutionality of the act ... they may decide to hear one of these cases and hold onto the other."
In this situation, the Supreme Court essentially would send the Virginia case back to the lower courts to render a decision in accordance with the high court's decision on the Florida case.
Kendrick described the court's action as "pretty standard protocol."
"Even if they don't want to hear [Virginia's] case, it's completely natural to hold it until after the Florida case," she said.
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