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Health Care Reform Law Will Not be Reviewed by the Supreme Court – Yet

by Leah Greene, JD, LLM on April 26th, 2011

On Monday, April 25, the United States Supreme Court rejected the Virginia Attorney General’s request that the Court consider that state’s early challenge to the Affordable Care Act (“ACA”), commonly referred to as Obamacare.

As we previously posted, Virginia District Court Judge Henry Hudson ruled that the ACA was unconstitutional. The Department of Health and Human Services, which is defending the ACA’s constitutionality, appealed the decision. The Virginia Attorney General, who opposes the law, requested that the case bypass the Court of Appeals to be heard by the U.S. Supreme Court.

The Supreme Court did not release any comments regarding its decision. In addition, its decision has no effect on the merits of the case or whether it will ultimately hear the case. In fact, most legal experts agree that it will likely hear the case eventually, as the losing party will likely appeal the decision.

The U.S. Court of Appeals for the Fourth Circuit is scheduled to hear the appeal in the Virginia case next month.

More details about the impact of the decision can be found here.

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From → Health Law