Justice: Health-care ruling to be appealed
Roz Helderman reports on the Virginia Politics blog that lawyers for President Obama will appeal a judge's ruling Monday that a key provision of the federal health-care law is unconstitutional, a spokeswoman for the U.S. Justice Department said Tuesday.
The appeal was widely expected in response to a ruling from U.S. District Court Judge Henry E. Hudson that Congress overstepped its constitutional authority by requiring individuals to obtain health insurance by 2014 or pay a fine.
The Justice Department also wants the case to proceed as normal for a such a case and be heard next by the U.S. Circuit Court of Appeals for the 4th Circuit. Virginia Attorney Gen. Ken T. Cuccinelli II (R), who brought the case on behalf of the Commonwealth, had asked the Obama administration to join him in requesting that the U.S. Supreme Court expedite the case and bypass circuit court review.
Legal experts say it would be exceedingly rare for the Supreme Court to accept the case before the circuit court has a chance to weigh in.
Read the entire post on the Virginia Politics blog.
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