U.S. Supreme Court Denies Fast Tracking of VA Lawsuit Against the Affordable Care Act

Today the U.S. Supreme Court rejected Virginia’s attempt to bypass Circuit Court review of a district court decision that declared unconstitutional a key provision of the federal health reform law but still allowed implementation of the law (Virginia ex rel. Cuccinelli v. Sebelius, U.S., No. 10-1014, review denied 4/25/11). The Court gave no reason for the denial which allows cross-appeals pending in the U.S. Court of Appeals for the Fourth Circuit to proceed. Briefing has been completed in the appeal, and oral argument is scheduled for May 10.  This means that the Virginia case would not likely reach the Supreme Court before the fall, after many provisions of the law have already taken effect (click here to see the provisions that are most important to people with disabilities). Numerous other challenges to the constitutionality of the Affordable Care Act continue in federal courts, one or more of which are ultimately expected to reach the Supreme Court.  Despite these challenges, states are continuing to move forward with implementation of the law.  Click here for information on the status of each state’s implementation.

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