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: Law Blog - WSJ.com

DOJ Opposes Virginia?s Appeal of Health-Care Ruling to High Court

By Ashby Jones

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Shortly after he successfully convinced a lower-court judge to rule the 2010 health care law unconstitutional, Ken Cuccinelli, the Virginia attorney general, asked the U.S. Supreme Court to take a direct appeal.

Well, apparently the Obama administration is not too impressed.

The Justice Department on Monday, in this filing made to the U.S. Supreme Court, opposed Cuccinelli’s request for a direct appeal. Click here for the AP story; here for the Scotusblog writeup.

The feds say says there is no reason to take the extremely rare step of “short-circuiting” review by appellate judges, which already has been accelerated.

Instead, the Obama administration is urging the Fourth Circuit to reverse the ruling, saying the requirement that all Americans purchase health care was well within Congress’ powers to pass.

Click here for all LB coverage of the constitutional challenges to the health-care law.


Full post as published by Law Blog - WSJ.com on March 15, 2011 (boomark / email).

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