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Decision Virginia Archive 8/08- 7/12

Federal court expedites health care reform lawsuit

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The U.S.  Court of Appeals has granted Attorney General Ken Cuccinelli’s request to speed up the appeal of his victorious challenge to the Health Care Reform law.  Cuccinelli and the Federal Government both asked the court to expedite the process because of the impact the law has on country.

Cuccinelli is still deciding if he will ask the court to forgo the Fourth Circuit all together and take the case directly to the Supreme Court. Most legal experts familiar with the case believe it will be the Supreme Court that will ultimately decide if the law is constitutional.

The release from the Attorney General’s office, which includes the new schedule can be found below:


Fourth Circuit court expedites hearing of Virginia’s health care lawsuit

RICHMOND (January 26, 2011) – The U.S. Court of Appeals for the Fourth Circuit today granted a joint motion from Attorney General Ken Cuccinelli and the federal government to expedite the hearing of Virginia’s suit against the federal health care law.  The case is tentatively scheduled for hearing sometime between May 10 and 13.  This replaces a briefing order previously issued by the court.

“Right now, there is a great deal of uncertainty for states, individuals, and businesses.  Major decisions are already being made and money is already being spent to comply with a law that may not be around two years from now.  We need this suit resolved as quickly as possible, for the good of our citizens and our economy,” said Cuccinelli.

Cuccinelli is still weighing whether or not to request that the U.S. Supreme Court take the case directly and skip the Fourth Circuit altogether.

The court ordered the following briefing schedule:

Opening briefs due February 28

Response briefs due March 28

Reply briefs due April 11

A copy of this news release may be found on the website of the Attorney General of Virginia at http://www.vaag.com/PRESS_RELEASES/index.html.

More information on the health care suit can be found here:  http://www.vaag.com/PRESS_RELEASES/index.html#Health_Care


Written by Ryan Nobles

January 26, 2011 at 6:18 pm

2 Responses

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  1. […] Attorney General Cuccinelli asked that the federal appeal be heard at an earlier date, a request that was granted. At this point he has stopped short of asking to have the appeal stage bypassed all […]

  2. […] until the Supreme Court has the final say. Cuccinelli has already been granted a request to speed up the appellate process. He is now asking to bypass it all […]

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