The Obama administration told the Supreme Court on Monday night it should stay away from a high-profile challenge to the 2010 health care law until after a lower court has had a chance to review the case.Another judge found the entire law "unconstitutional" and gave the Regime one week to come up with an appeal.
Acting Solicitor General Neal Katyal wrote, "there is no basis for short-circuiting the normal course of appellate review." Katyal also says Virginia Attorney General Ken Cuccinelli's case is problematic because he may lack sufficient standing to challenge the health care law.
The Supreme Court normally takes cases only after they've been reviewed at least once by appellate judges. Virginia Attorney General Ken Cuccinelli says that's not appropriate in this instance.
In his filing last month, Cuccinelli said there's a "palpable consensus" that the high court will ultimately have to pass judgment on the merits of President Obama's health care law and should do so without delay. Furthermore, Cuccinelli argues that his case involves "pure issues of constitutional law" that appellate judges on the Fourth Circuit U.S. Court of Appeals will be unable to definitively resolve.
Katyal says there is no question that the case is of great public importance but uses the language of the court's own rules to say it is not "one of the rare cases that justifies deviation from normal appellate practice and require[s] immediate determination in this court." Katyal points out that the Virginia case and several others are already in the pipeline and little time may be saved if the court were to jump in now.
At least the Regime did not lecture the Court under the lights and TV cameras during the State of the Union address.