The Obama Administration wants to bide its time on its legal defense of health care reform. In a statement to reporters Thursday morning, spokeswoman Tracy Schmaler says the Department of Justice is opposed to calls -- by Republicans and some Democrats -- for an expedited Supreme Court ruling on the constitutionality of the health care law's individual mandate.
"The Department continues to believe this case should follow the ordinary course of allowing the court of appeals to hear it first so the issues and arguments concerning the Affordable Care Act can be fully developed before the Supreme Court decides whether to consider it," she says.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Justice Department said Tuesday that they'll appeal a federal judge's ruling that the individual mandate contained in the health care law is unconstitutional and said the case shouldn't head straight for the Supreme Court.
"We intend to appeal the district court's ruling in Virginia to the Fourth Circuit Court of Appeals," Justice Department spokeswoman Tracy Schmaler told TPM in a statement.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Virginia Attorney General Ken Cuccinelli claimed victory against the federal government in the wake of a federal judge's ruling that the individual mandate in the health care reform law signed by President Barack Obama earlier this year is unconstitutional.
"We won the first round in this particular fight, but we know there are others to come," Cuccinelli told reporters in a news conference Monday afternoon.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A federal judge in Virginia ruled Monday that the individual mandate contained in the health care law passed by Congress and signed by President Barack Obama this year is unconstitutional.
Judge Henry E. Hudson found in favor of Virginia Attorney General Ken Cuccinelli, who brought this suit separately from the other state attorney generals suing the federal government over the law. Hudson was the first judge to rule against the law. Two other judges ruled in favor of the law, bringing the Obama administration's record thus far to 2-1. At least 13 other suits against the health care law have been dismissed on jurisdiction or standing issues.
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