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McDonnell urges a fast-track to the U.S. Supreme Court, Democrats blast Cuccinelli

By: Olympia Meola
Published: December 13, 2010 3:29 PM

Gov. Bob McDonnell applauded Judge Henry E. Hudson’s declaration today that a key provision of the federal health care law is unconstitutional, and urged governors across the country to back an effort to have the case tracked directly to the U.S. Supreme Court, where it’s most likely headed anyway.

“To ensure that the case can reach the nation’s highest court in the most timely of manners, which should be a goal embraced by all parties involved, regardless of their policy position on the [Patient Protection and Affordable Care Act], I urge the United States Department of Justice to join with Attorney General Cuccinelli in supporting fast tracking of this case directly to the Supreme Court,” McDonnell wrote in a statement.

“Both sides should seek to waive a hearing in the Fourth Circuit Court of Appeals, and allow this monumental case to move immediately to the U.S. Supreme Court for prompt final resolution. To encourage such a decision, I have asked all governors and governors-elect to join me in a letter to United States Attorney General Eric Holder asking for his agreement to an expedited review. There must be certainty and finality in order for our businesses and citizens to both know and adhere to the law.”

My colleague Jim Nolan wrote last week about the possibility of an expedited ruling .

Democrats, meanwhile, criticized Cuccinelli for bringing the challenge and bucking the will of the American people.

“While nearly 1 million Virginians, including more than 150,000 children, go without health insurance, their Attorney General is using their tax money to try eliminate their best hope of getting access to affordable health coverage,” said Democratic Party of Virginia Chairman Brian Moran.

“Ken Cuccinelli is using his office and the courts to circumvent the will of American people, who voted in 2008 for candidates who would make health care more affordable and accessible for every family. I urge the Obama administration to do what our grand-standing Attorney General refuses to do: stand up for families in Virginia and around the country who do not have access to quality and affordable health care by continuing to fight this battle in court.”

UPDATED: Here’s the text of the letter that McDonnell wants to send to Holder:

“The undersigned governors ask for your support for an expedited appeal of the Virginia health care suit now pending in the United States District Court for the Eastern District of Virginia.

“As we work within our states to prepare for implementation of the Patient Protection and Affordable Care Act, we believe that the public interest requires the parties to agree to pursue every avenue for expediting final resolution of the litigation to give states certainty as soon as possible. Regardless of our respective positions on the underlying legislation, certainty is of the utmost importance. Since all parties agree that this case will ultimately be decided by the United States Supreme Court, getting the case there expeditiously is desirable. The delay in reaching finality in this case creates implementation challenges in the states.

“We respectfully request your support for a joint petition to the United States Supreme Court under Supreme Court Rule 11 to permit an immediate review of the district court order. A final ruling on this matter and the certainty it will provide for the states and the private sector is in the best interest of the states and the nation.

“Thank you for your consideration of this important matter.”



Comments

eliminate their best hope of getting access to affordable health coverage,” said Democratic Party of Virginia Chairman Brian Moran.

Posted by essays of uk - Mar. 18, 2011 at 02:00 PM

So he now wants an activist court? I thught the GOP was genetically programed against this.

Posted by .(JavaScript must be enabled to view this email address) of The Shenandoah Valley - Dec. 13, 2010 at 10:00 PM

Not sure why the RTD gives a URL field then doesn’t post.

http://gawker.com/5713041/judge-who-ruled-health-care-reform-unconstitutional-owns-piece-of-gop-cons

Posted by .(JavaScript must be enabled to view this email address) of richmond - Dec. 13, 2010 at 05:06 PM

Hmmm, Gee Gwaker knew about this, why not the RTD or our Governor?

Judge can you say “RECUSE!”

Posted by tickled of Richmond - Dec. 13, 2010 at 04:35 PM

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