The highest court in the land showed its backbone (or lack of it today) as it announced that it will not expedite the lawsuit looking to overturn Obamacare, led by state of Virginia.
Virginia Attorney General Ken Cuccinelli asked the high court to intervene before the Fourth Circuit U.S. Court of Appeals in Richmond hears the case. “The presence of pure issues of constitutional law on the merits ensures that normal appellate practice will not further focus the controlling issues, which, in any event, are bottomed on decisions of this Court,” wrote Cuccinelli and Virginia Solicitor General Duncan Getchell.
The Fourth Circuit has scheduled oral arguments for May 10 before a three-judge panel that will be determined that day.
The justices offered no explanation for why they decided against granting the case. It was petitioned under the court’s Rule 11 that allows the justices to hear cases “of such imperative public importance as to justify deviation from normal appellate practice.”
One of the reasons for denying review may have been the opposition from the Obama administration. Acting Solicitor General Neal Katyal told the court, “there is no basis for short-circuiting the normal course of appellate review.”