The U.S. Fourth Circuit Court of Appeals has agreed to hear Virginia’s lawsuit over the federal health care law in May, granting a joint motion from Attorney General Ken Cuccinelli and the federal government to expedite the case.
“Right now, there is a great deal of uncertainty for states, individuals and businesses," Cuccinelli said in a statement. "Major decisions are already being made and money is already being spent to comply with a law that may not be around two years from now. We need this suit resolved as quickly as possible, for the good of our citizens and our economy."
The case is tentatively scheduled for sometime between May 10 and May 13, with opening briefs due Feb. 28, response briefs due March 28 and reply briefs due April 11.
Cuccinelli is still considering bypassing the appeals court and directly petitioning the U.S. Supreme Court on the matter — a request granted only in rare circumstances.
In December, U.S. District Judge Henry Hudson ruled the provision of the federal health care law that requires most Americans purchase health insurance is unconstitutional, but declined to enjoin the entire law.
The Justice Department last week filed its intent to appeal the ruling, and Cuccinelli, in response, filed to have the entire law thrown out.