The Supreme Court this morning rejected Virginia’s request for expedited review of its challenge to the health care reform law, declining to hear the case before it is reviewed by the federal appeals court. There were no dissents or comments, SCOTUSblog reports.
Virginia’s challenge will now go before the U.S. Court of Appeals for the Fourth Circuit, with the first hearing set to begin May 10. Oral argument in the challenge filed by Florida and 25 other states is scheduled to be heard by the Eleventh Circuit June 8.
Drake University law professor Ian Bartrum explained the dangers of expedited review for ACSblog in March:
Expedited review is a bad idea for two important reasons. First is the Court's reputation and legitimacy as an apolitical branch of government. The last time the Court expedited review was in Bush v. Gore, and there is no doubt that a hasty adverse ruling here would further weaken the Court's claim to political impartiality. Second, this is at heart a policy debate, not a judicial debate. As such, it is a question that we are doing our best to work out in various political arenas. To short circuit this quintessentially American process would do a disservice not just to those without adequate health insurance, but also to democracy itself.
For more information about the health care challenges, visit ACS’s Affordable Care Act Resource Page. See commentary and blog updates on ACSblog here.
Virginia request for healthcare expedited review
Ian Bantrum's arguments about the dangers to the Court of expedited reviews makes good sense to me. I also think it prudent to let all the case going through the appeals process to finish up and come to the Supreme Court as a package. This is going to be a sticky-wicket indeed.
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