Judge Henry Hudson is due to make his ruling in Commonwealth of Virginia v. Sebelius by the end of the year. Depending on how that ruling goes, Virginia’s AG is thinking about bypassing the appellate courts and taking the case straight to the Supreme Court:
The Virginia attorney general’s office is considering a petition to fast track the state’s challenge to federal health-care legislation so the case would bypass the appellate court and be heard directly by the U.S. Supreme Court.
It’s not a given that the Supremes would accept it under those circumstances:
According to Supreme Court Rule 11 of the United States Code, such writs are granted ‘only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court.’
One way or the other, however, this ObamaCare challenge is going to the Supreme Court:
Both sides said they will appeal if Hudson does not rule in their favor and acknowledge that ultimately the U.S. Supreme Court will decide the case.
Très intéressant, non?
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