Virginia Attorney General Ken Cuccinelli is asking the court to resolve questions about the law quickly, without the usual consideration by federal appellate judges and over the objection of the Obama administration.
The case was among those that were scheduled to be discussed in the justices' private conference on Friday, but there was no announcement about the case when the court convened on Monday.
The silence could mean, among other things, that one justice asked for more time to think about the case or to write a short opinion that would accompany an order.
"This could mean that a justice is writing a dissent from the denial; or that a justice is writing a statement respecting denial; or that a potential fourth justice to grant is unsure and needs more time; or even that the Court is unsure whether to deny or dismiss the petition (for lack of jurisdiction)," writes Brad Joondeph of the ACA Litigation Blog (via The Hill), which tracks healthcare reform challenges.
"We just don't know. And it is not obvious when we will find out, though the next most likely date is Monday, the next day scheduled for the release of an order list."
The justices meet again on Friday to discuss pending cases.