By Ed Randazzo
It was not a surprise but still disappointing that the U.S. Supreme Court refused Monday to consider an early challenge to Obamacare.
In a bid initiated by Virginia Attorney General Ken Cuccinelli for early Supreme Court review.
Mr. Cuccinelli has argued that expeditious Supreme Court resolution of its constitutionality was in the public’s best interest, particularly given the costs of implementing the law, a point well taken and reasonable.
The Justice Department, under Eric Holder, has opposed Mr. Cuccinelli’s request, arguing in a written brief that there was no need to short-circuit the normal appeals process.
In December 2010. U.S. District Court Judge Henry E. Hudson of Virginia sided with Mr. Cuccinelli in December, becoming the first federal judge to rule against the law. Judge Hudson ruled unconstitutional the law’s requirement that individuals carry health insurance or pay a penalty.
The U.S. Court of Appeals for the Fourth Circuit in Richmond, Va., is preparing to hear oral arguments in Mr. Cuccinelli’s case next month. Stay tuned though for it’s a virtual certainty that the loser of that decision will petition the Supreme Court to hear the case.
