Government

Supreme Court Rejects Fast-Track of VA Obamacare Lawsuit

WASHINGTON (AP) — The Supreme Court rejected a call Monday from Virginia’s attorney general to depart from its usual practice and put review of the health care law on a fast track. Instead, judicial review of President Barack Obama’s signature legislation will continue in federal appeals courts.

The justices turned down a request by Virginia Attorney General Ken Cuccinelli, a leading opponent of the law, to resolve questions about its constitutionality quickly. The Obama administration opposed Cuccinelli’s plea.

Only rarely, in wartime or a constitutional crisis, does the court step into a legal fight before the issues are aired in appellate courts. Hearings already are scheduled in May and June in three appeals courts.

The case still could reach the high court in time for a decision by early summer 2012.

Justice Elena Kagan apparently took part in the court’s order Monday, as there was no announcement that any justice sat out. There had been questions about whether she would participate because she served as Obama’s solicitor general when the law was passed. Kagan indicated in Senate testimony last year that she played no role in the administration’s planning and handling of challenges to the law.

So far, five federal judges have ruled on challenges to the law. Two Republican appointees, in Florida and Virginia, have declared it unconstitutional in whole or in part. Three Democratic appointees, in Michigan, Virginia and Washington, D.C., have upheld it.

Cuccinelli filed suit on behalf of Virginia, while 26 states joined in a separate lawsuit in Florida claiming that Congress exceeded its authority in requiring citizens to buy health insurance or pay a penalty starting in 2014.

In asking the high court to pluck the health care cases from the appeals courts before decisions were rendered there, Cuccinelli said delay imposes a “crippling uncertainty” upon the states.

In December, U.S. District Judge Henry E. Hudson in Richmond declared that the heart of the sweeping legislation – the requirement that citizens buy health insurance or pay a penalty starting in 2014 – is unconstitutional. U.S. District Judge Roger Vinson of Florida came to the same conclusion in January in striking down the law in its entirety.

Both rulings have been put on hold pending appeals.

In the meantime, the federal and state governments have begun to put in place other parts of the law, including changes in payment rates under the Medicare system for older and disabled Americans and a provision allowing children up to age 26 to remain on the parents’ health insurance policies.

Comments (92)

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  • Deda1
    Posted on April 25, 2011 at 12:42pm

    If I was a Gov I would just tell the Feds we weren’t following it. And Oh, but the way we will be collecting all taxes and then send to the feds what we think you deserve.

    Report Post »  
    • Ghandi was a Republican
      Posted on April 25, 2011 at 6:07pm

      That would be good. Since they are spending money in preparation for a scenario that will never take place, they should withhold whatever they are spending. It is for the administration to PROVE the law is legal. Let them take the States to court. How can it be Constitutional to force spending on Unconstitutional laws? Put the ball in their court where it belongs.

      Report Post » Ghandi was a Republican  
  • geo01
    Posted on April 25, 2011 at 12:41pm

    This should absolutely be FAST TRACKED.

    Please take note:

    The judges who have voted constitutional or unconstitutional have done so along Party lines. It is high time that we get politics out of the Judicial system in our country. WE NEED TO START BY ABOLISHING LIFETIME APPOINTMENTS to the courts at all levels.

    Report Post » geo01  
    • Juan Gault
      Posted on April 25, 2011 at 1:18pm

      GE001:What time frames would you suggest for federal judges and supreme court judges?

      I support your suggestion, need more specifics. good thought and post.

      Report Post »  
  • docmike
    Posted on April 25, 2011 at 12:21pm

    They dodge the question of Sotero/Obama being a “natural born citizen”, then won’t fast track this obvious constitutional crisis…..have they been bought off?

    Report Post » docmike  
  • 2smart
    Posted on April 25, 2011 at 12:18pm

    Delay, delay, delay……….The longer this supposed legislation is law the harder it will be to get rid of. The SC isn’t to worried about making rulings, they just want to do the minimum in the longest amount of time. Look at the numbers of cases they have decided each session. It has slowly decreased over the years. Also consider that the SC is more political than at any other time in history and they are supposedly blind to bias, whims and the agenda, BULLSTUFF, this court has so much baggage it needs and extra building to put it in!

    Report Post » 2smart  
  • Codger
    Posted on April 25, 2011 at 12:06pm

    “Only rarely, in wartime or a constitutional crisis, does the court step into a legal fight before the issues are aired in appellate courts.”

    Ahem… “constitutional crisis”… that‘s exactly why Obamacare was brought to court isn’t it?

    Report Post » Codger  
  • Nigel2
    Posted on April 25, 2011 at 11:53am

    You do understand how far the law has progressed and to what point it has already been implemented will have NO effect on the high courts eventual ruling. That is why so many want it fast tracked. So money is not wasted in the mean time.

    Report Post » Nigel2  
  • miles from nowhere
    Posted on April 25, 2011 at 11:53am

    How long has it been now since this Obama healthcare law passed? It should have been long enough for a Supreme Court Justice to read and review. 27 states have filed lawsuits against it. 2 states have legally declared it unconstitutional and yet our lazy or worthless Supreme Court Justices say it would be to quick for them to consider action on this law, What a bunch of total BS>!

    Report Post »  
  • Sinista MACE
    Posted on April 25, 2011 at 11:37am

    The Supreme Court is CORRUPT.

    They are NOT on the side of the American people, they too, like the other branches of government, believe they are at the top of the pyramid, and that we the people (the true government, we govern ourselves) are at the bottom of the pyramid.

    We have to flip this pyramid upside down and reclaim our authority as the people. It has been thoroughly usurped by all 3 branches.

    Report Post » V-MAN MACE  
  • TheWatcher
    Posted on April 25, 2011 at 11:30am

    This is not good!
    =======================
    Buck
    Http://www.***************
    Heirloom Seeds, “How God plants His garden.”

    Report Post » TheWatcher  
    • Hollywood
      Posted on April 25, 2011 at 3:45pm

      I have been having no problems with postings either. I wonder if some hacker[s] have been doing stuff?
      Guess I had better re read the Policy again!

      Report Post » Hollywood  
  • tomsinclairjr
    Posted on April 25, 2011 at 11:28am

    So, there must be someone actually reading all our comments? (reading the Comment Policy). If we are solely responsible for our own comments and do not use foul language, then you in violation of our 1st Amendment rights, are you not? You now have a BLACK MARK owners of TheBlaze and I am so disappointed in this turn of events. I will not get back on this board again and I would advise that anyone else who cannot see their comments, to go elsewhere or call Glenn Beck, or email him and let him know what is going on. I will wait to see the response before I take any other action. This whole board has turn LEFTIST.

    Report Post » I support God's Israel!  
    • Juan Gault
      Posted on April 25, 2011 at 1:09pm

      my comments are being posted within seconds of replying. Not sure there is any problem posting NOW, perhaps earlier there MAY have been a technical problem.

      Just saying, this a great venue,let not a minor occurrence detract from the sites’ overall great efforts for we the people.

      Report Post »  
  • ThoreauHD
    Posted on April 25, 2011 at 11:28am

    The Supreme Court better hurry up before the State’s go bankrupt from their stupidity.

    Report Post » ThoreauHD  
  • colombowayne
    Posted on April 25, 2011 at 11:25am

    I am so disheartened by the lack of intestinal fortitude by our elected officials. I expected more concern over the constitution and less over re-election from the house. The Supreme court it self is worhless. Abraham Lincoln said, We the people are the rightful masters of both the congress and the courts, not to overthrow the constitution , but to overthrow the men who pervert the constitution. Now that to me means we do not have to wait for an election. We can peacefully march on Washington and escort the bums out. Along with that , we should forfit all pay and allowances. Or have I miss interpretted what Lincoln said?

    Report Post »  
  • tomsinclairjr
    Posted on April 25, 2011 at 11:24am

    Well, so our 1st Amendment rights have been squashed, even on The Blaze? This is very, very sad. I will assume that if the comments do not appear, that someone has said something inappropriate?? My friend, whose comments will not appear, has never said anything inappropriate, yet she cannot see her own comments. Very, very sad for Glenn Beck and his THE BLAZE. Since I am an attorney, I would hope that someone on your team would place a notice at the top of the page, or at least tell the offending user what they have done before you get yourself into a major lawsuit. EXPLAIN WHY COMMENTS ARE NOT BEING SHOWN TO ***SOME*** PEOPLE. My friend is Democratgirl and she is actually a LIBERTARIAN who changed her party affiliation. Beware THEBLAZE. You could get yourself into a LOT of trouble doing this.

    Report Post » I support God's Israel!  
    • HuskerDave
      Posted on April 25, 2011 at 12:10pm

      tomsinclairjr
      Posted on April 25, 2011 at 11:24am
      Well, so our 1st Amendment rights have been squashed, even on The Blaze? This is very, very sad. I will assume that if the comments do not appear, that someone has said something inappropriate?? My friend, whose comments will not appear, has never said anything inappropriate, yet she cannot see her own comments. Very, very sad for Glenn Beck and his THE BLAZE. Since I am an attorney, I would hope that someone on your team would place a notice at the top of the page, or at least tell the offending user what they have done before you get yourself into a major lawsuit. EXPLAIN WHY COMMENTS ARE NOT BEING SHOWN TO ***SOME*** PEOPLE. My friend is Democratgirl and she is actually a LIBERTARIAN who changed her party affiliation. Beware THEBLAZE. You could get yourself into a LOT of trouble doing this.

      ————
      I doubt any attorney would make such a remark. Attorneys know that the First Amendment limits the restriction of Government against free speech, not that of a privately-run website. You, sir, are a fraud.

      Report Post »  
    • Juan Gault
      Posted on April 25, 2011 at 1:05pm

      well lets see if the supreme court issues a finding on health care early 2012,following the normal procedures .

      Report Post »  
    • Mary M. Tebbe
      Posted on April 25, 2011 at 1:37pm

      tomsinclairjr: I noticed the changes to theblaze when I came on this morning. For the last week I have had several writings taken off of theblaze, and they were not offensive in any way. Today I noticed that we have a certain number of characters that are measured now as well, which to me indicate how long our pieces may be. So much for FREEDOM OF SPEECH. Amazing that it has come to theblaze. I instantly recalled the woman that Glenn hired from Media Matters, and wondered if she has anything to do with this. I think she was from Media Matters…it could be Huffington Post. Can’t exactly recall. It’s a shame that things are changing so rapidly in regards to Glenn and his program, and now the blaze.
      As for the Supreme Court…I’m not surprised. The wheels of JUSTICE, if one can call it that anymore, turn slowly. With the 2 latest appointments, I’m sure that we will be disappointed more than once in the future.
      This past week-end as I was praying in the middle of the night about what is happening in our Country, the Holy Spirit plopped this into my spirit. Recall when the disciple Peter wanted to get out of the boat and walk to Jesus, who was walking on the water? Well, it took a lot of courage for Peter to trust that he could step out of the boat and walk on the water like Jesus. AS LONG AS HE KEPT HIS EYES ON JESUS while walking towards Him, he was able to walk on the water in safety, BUT WHEN HE TOOK HIS EYES OFF OF JESUS and looked about him at the wind and the waves, HE BEGAN TO SINK. The moral of the story is, KEEP YOUR EYES ON JESUS and not on the storm about us. Then we will not sink in this terrible storm. God/ Jesus/Holy Spirit are more than able to rescue us! :)
      I’m puzzled, to say the least, about Glenn’s new path. So many people TRUSTED HIM. Perhaps it shows us that we should never put too much of our trust into any man.

      Report Post » Mary M. Tebbe  
  • lbk
    Posted on April 25, 2011 at 11:22am

    I have the same problem, where are ALL the comments??

    Report Post »  
  • JoeBtfsplk
    Posted on April 25, 2011 at 11:20am

    What happened to the comments? Is BLAZE having technical difficulties?

    How did Obama get control of the SCOTUS ? This should be decided.

    Report Post »  
  • tomsinclairjr
    Posted on April 25, 2011 at 11:19am

    Hello? WHERE ARE ALL THE COMMENTS?

    Report Post » I support God's Israel!  
  • justruth
    Posted on April 25, 2011 at 11:14am

    Politics trumps the justice system. What did you expect in a country ruled by the Left. The Left thrives on deceit, evil, and immorality. Justice is a foreign concept to them, and they have infiltrated every institution of our country, including the Supreme Court. Under their rule America will become the darkness that the Left has always accused us of being. May God have mercy upon us and strengthen us that we might recover from what Barak Obama and all of the Democrat Party is bringing upon this country. America was founded as a Christian country and throughout its history has often benefitted from the grace and mercy of God. Now, under Barak Obama and the Democrat Party, America is being transformed into a nation like those that we have often liberated others from. If we continue down this path, we may soon find ourselves to be an enemy of the God whom we once served. We must make every effort to turn this country from the ways of the evil Left, before the God who loves us will be compelled to bring His judgement upon this nation.

    Report Post »  
    • Mary M. Tebbe
      Posted on April 25, 2011 at 1:21pm

      justruth: Ecclesiastes 3: 16 says: And I saw something else under the sun: In the place of judgment – wickedness was there. In the place of JUSTICE – wickedness was there.
      Proverbs 28: 5 tells us: Evil men do not understand JUSTICE, but those who seek the Lord understand it fully.

      Report Post » Mary M. Tebbe  
  • SimpleTruths
    Posted on April 25, 2011 at 11:11am

    Good – we need healthcare reform.

    Report Post » SimpleTruths  
    • CatB
      Posted on April 25, 2011 at 11:48am

      This has no health“care” .. it is health “insurance” … to say you have “insurance” is nothing if you don’t get any “care” .. .enjoy your “blue Pill” .. per Obama.

      Report Post »  
  • democratgirl
    Posted on April 25, 2011 at 11:10am

    What is with all these comments being hidden???????????? I am going to change my home page to something else if this isn’t changed. This is absolutely the pits. I cannot read any comments!!! It just shows the icon and “posted on????? at ?????”. THE BLAZE: WHAT IS GOING ON?????????????????????????????????????

    Report Post » ChildOfTheKing  
    • tomsinclairjr
      Posted on April 25, 2011 at 11:29am

      Goodbye Glenn. Goodbye The Blaze. This is totally UNACCEPTABLE for a free society.

      Report Post » I support God's Israel!  
    • HuskerDave
      Posted on April 25, 2011 at 12:09pm

      Democratgirl. I don’t know what you are smoking. Everything looks just fine here. perhaps it’s your browser, and not some right-wing conspiracy.

      Report Post »  
  • Dahart
    Posted on April 25, 2011 at 11:06am

    Imagine that…….no surprise here! Could we stop with all the crap and do what is right for the American peopl…We need to know one way or the other! It makes me wonder who paid them off.

    Report Post » Dahart  
  • FansLogonDOTcom
    Posted on April 25, 2011 at 11:04am

    This case is monumental. It would forever change our country and we’re spending/wasting billions of tax-payer dollars right now implementing this “law”. I believe that this should have been expedited.

    Also: Kagan should not participate in any way and should recuse herself. But the radical Left has no integrity so Kagan is just doing what all radical Leftists do. They lie and cheat to advance their extremist agenda. So, unfortunately, this is no big surprise to most of us.

    Report Post » FansLogonDOTcom  
    • godfather
      Posted on April 25, 2011 at 11:26am

      Thomas also needs to recuse himself. His wife works for the insurance lobby and will be directly financially affected by what happens. But you probably have no problem with him staying on, do you?

      Report Post »  
    • Obsydyon
      Posted on April 25, 2011 at 11:49am

      Godfather, your reasoning is flimsy at best. The constitutionality of not of this law will affect every American financially in a very direct way and already has what with the hiking of insurance rate that has been occurring. Kagan is obviously extraordinarily biased considering she helped craft this “law” and was part of the apparatus that shoved it throughthe legislature using cheats and tricks and knowing it was opposed by the citizenry.

      Report Post »  
    • tankerBigRed1
      Posted on April 25, 2011 at 11:49am

      @ godfather-Kagan= Justice — Thomas –wife/ kids/ cousins?? apples vs oranges –

      Report Post » tankerBigRed1  
    • godfather
      Posted on April 25, 2011 at 12:08pm

      @OBSYDYON and @TANKERBIGRED1

      Under federal law, if a judge’s spouse has a financial interest in a controversy before the court, the judge must recuse himself. Furthermore, the law concerns a financial interest that is different from anyone else. Because her income will directly affected by the outcome of this law, he needs to recuse himself.

      Also, Thomas has already shown himself to be biased. He and his wife speak at tea party conventions – not something a Supreme Court Justice is supposed to do. Thus, he would likely base his decision on ideological grounds and not constitutional grounds.

      Report Post »  
    • GODSAMERICA
      Posted on April 25, 2011 at 12:38pm

      @godfather
      If Thomas‘ wife’s who works for a lobbyist does constitute confilct of interest – then yes, he should recuse himself but there is a big difference between a judge who has been part of the active process which is being repealed who should WITHOUT question recuse herself and the othe judges would have to determine if Thomas’ wife constitutes conflict. As far as Thomas speaking at Tea Party rally”s, etc. should force him to recuse, that has absolutely no bearing on any cases that they hear. If that was the case then every judge would have to recuse themselves from every case because they are either liberal (ie: anti-American) or conservatives (ie: defender of our freedoms). Yes, you can make some statements about my last sentence BUT just notice how the liberals DOight to take away our freedoms and try to give big government control over every aspect of our lives while the conservatives DO try to limit the big brother of government and try to help us keep as many individual freedoms that we can keep. That right there shows that liberals are anti-American (anti-Constitution) and conservatives defend our freedoms (the Constitution). Facts show this to be true.

      Report Post » GODSAMERICA  
  • EQUALIZER
    Posted on April 25, 2011 at 11:00am

    BIG SURPRISE. Did you expect any less?

    Report Post »  
  • Cobra Blue
    Posted on April 25, 2011 at 11:00am

    Did you expect anything else. This is not about enforcing the rule of law. This is making up the laws as you go.

    Report Post »  
  • nacilbuper
    Posted on April 25, 2011 at 10:59am

    Just a minor bump in the road.

    Report Post » nacilbuper  
  • bluegoldnationdotcom
    Posted on April 25, 2011 at 10:58am

    Ah the federal courts…our second legislative branch.

    Report Post » bluegoldnationdotcom  
    • Revere1
      Posted on April 25, 2011 at 11:03am

      The Supreme Court doesn’t want to touch it until the lower appellate courts rule. No big deal, the law is obviously unconstitutional. Definitely going to be tossed out: http://www.battlefield315.com/2011/02/why-obamacare-was-ruled.html

      Report Post » Revere1  
    • JoeBtfsplk
      Posted on April 25, 2011 at 11:19am

      Go figure? This will not be accepted by the SCOTUS until after the elections.

      WHO KNEW?

      Report Post »  
    • hersey10
      Posted on April 25, 2011 at 11:23am

      I’m sure this is welcomed by the admin. , this is giving them the green light and the time to continue to implement .

      Report Post » hersey10  
    • Cemoto78
      Posted on April 25, 2011 at 11:30am

      This could be ruled on just before the election and when found unconstitutional, like it is, you will see the current community organizer rejected for another term. This may be the card of the flimsy house of cards, which may bring them all down.

      Report Post » Cemoto78  
    • CatB
      Posted on April 25, 2011 at 11:46am

      Pray for the Justices ….. Obama would appoint another one of his “cronies” should anything happen to ANY of the conservative Justices.

      Report Post »  
    • 13th Imam
      Posted on April 25, 2011 at 11:58am

      The SC should be placed on an island with only the UNITED STATES CONSTITUTION to read. These people should only follow our Constitution and if they deviate for Personal reasons, should be dumped for not doing their job.

      Report Post » 13th Imam  
    • DisillusionedDaily
      Posted on April 25, 2011 at 12:16pm

      I hope y’all forgive my stupidity, but I thought judges were supposed to be impartial and apply the law. If democrat appointees are going to uphold Obamacare and Republican appointees are going to declare it unconstitutional, then it seems to me that it will be shoved up our butts by default. When I was younger judges seemed to uphold the law and the constitution. Looks like those days are gone forever and judges now uphold the party line. We, as a nation, are doomed!

      Report Post » DisillusionedDaily  
    • drattastic
      Posted on April 25, 2011 at 12:21pm

      Cowards ! If this case isn’t important enough (a 5th of our economy )to fast track then nothing would be .I fear something could “happen” to one of the conservative justices before we get obamacare repealed. I believe that this administration is capable of doing anything to further its communist agenda and I do mean anything.

      Report Post » drattastic  
    • Rowgue
      Posted on April 25, 2011 at 12:25pm

      You’re overly optimistic REVERE.

      The liberal activists currently hold a 5-4 majority on the supreme court. It‘s irrelevant whether it’s constitutional or not, that’s not what they base their rulings on, and their is no ability to redress the situation once they make a ruling.

      Report Post »  
    • mikem1969
      Posted on April 25, 2011 at 12:36pm

      I pray that the members of the supreme court are touched by the hand of God and do what is right and declare obamacare and all obama’a policies unconstitutional.

      Report Post »  
    • drattastic
      Posted on April 25, 2011 at 12:37pm

      @Rowgue,
      I would tend to disagree with you it’s 4 to 4 with Kennedy more often than not coming down on the side of the conservatives.

      Report Post » drattastic  
    • banjarmon
      Posted on April 25, 2011 at 12:40pm

      We the People need to work with the lower courts to prove obamacare is UN-Constitutional.

      Due process in congress was not followed. The added taxes in this bill were passed without representation and are being crammed down the throats of WE the PEOPLE.

      I will help in my own way to fight this DAMN law.

      Report Post » banjarmon  
    • lovenfl3
      Posted on April 25, 2011 at 12:52pm

      Just another example of how our court system is becoming an extension of the Obama administration. http://www.youtube.com/watch?v=kYJEfQXbJNQ

      Report Post » lovenfl3  
    • BetterDays
      Posted on April 25, 2011 at 1:16pm

      When the rule of law is no longer equal, then the law is no longer law but bondage.

      Report Post »  
    • encinom
      Posted on April 25, 2011 at 1:37pm

      @Betterdays, but the SCOTUS is following the law and rules, to bad the astro-turf tea partiers are not happy. The bigger question is will Justice Thomas follow the rules and recuse himself giving the work of his wife on this issue.

      Report Post »  
    • 1TrueOne55
      Posted on April 25, 2011 at 1:59pm

      This is the way the Law was to be initiated. The Apollo Alliance did this intentionally to put it through the coursts knowing it was unconstitutional but since it takes years for it to get to the supreme courts that it could be just before the 2012 elections. They did the same thing with the “stimulus” bill, when you look at how the money is spent down you would see that it follows the presidential elections schedule. You will see more funds paid out this year and after the elections in 2012 the money runs out… How sneaky… Bribe the unions with jobs just before the election to get the union membership to vote for the president.

      Report Post » 1TrueOne55  
    • Snowleopard {gallery of cat folks}
      Posted on April 25, 2011 at 2:22pm

      Not unexpected, they are following the constitutionally established way of doing it. Through the various appelant courts and then unto themselves.

      Report Post » Snowleopard {gallery of cat folks}  
    • Hollywood
      Posted on April 25, 2011 at 3:33pm

      Now THAT was FUNNY[sadly so,but nevertheless FUNNNY!]

      Report Post » Hollywood  
    • tower7femacamp
      Posted on April 25, 2011 at 9:53pm

      and Abortions are still legal

      Report Post » tower7femacamp  
    • Jackers
      Posted on April 26, 2011 at 8:06am

      While the Supreme Court takes its sweet time to decide on this all-important issue to the American people, this administration will continue to implement this massive Health Care/Redistribution of Wealth scheme…

      Should these Supreme Court judges be able to enjoy a three-month summer vacation while the rest of America sits in limbo?

      Report Post » Jackers  
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