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Posted at 10:14 AM ET, 02/ 3/2011

Va. seeks review of health-care lawsuit

By Rosalind S. Helderman

Virginia Attorney General Ken Cuccinelli II (R) announced Thursday that he will seek immediate review by the U.S. Supreme Court of the state's constitutional challenge to the federal health-care overhaul, a rare legal request to bypass the appellate court and ask for early intervention from the nation's highest court.

A U.S. District Court judge in Virginia ruled in December that it is unconstitutional to require individuals to purchase health insurance, as envisioned in the law. The federal government appealed and the 4th Circuit Court of Appeals is scheduled to hear the case in May. Lawyers for the Justice Department will probably fight Cuccinelli's motion to skip appellate review.

Earlier this week, a federal judge in Florida followed suit, ruling the law unconstitutional in a suit filed jointly by 26 states. In other cases, two other federal judges have said the law is constitutional.

Read more about Cuccinelli's decision to seek immediate Supreme Court review on Virginia's health-care lawsuit on the Virginia Politics blog.

By Rosalind S. Helderman  | February 3, 2011; 10:14 AM ET
Categories:  Virginia  
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Comments

Cuccinelli is worried one of the other cases might make it to the supreme court first and he'll miss out on his golden national spotlight moment.

this is all further proof this case is more about his ego and career then anything the people of virginia need or want.

Posted by: MarilynManson | February 3, 2011 10:41 AM | Report abuse

Every Democrat should be hoping dearly for this comes about.

The SC is going to laugh at GOP'ers thinking they can not accept the Health Care bill

Posted by: Bious | February 3, 2011 2:06 PM | Report abuse

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