the Supreme Court of the United States refused to jump in the national debate controversial reform of health at this stage, rejecting a plea of Virginia for a judicial end-around - a review accelerated on the issue of radical federal law is constitutional.
As expected, the judges without comment Monday refused "petition for certiorari before judgment State."
Various State and private of the Patient Protection and affordable Care Act challenges are now before federal appellate through the United States - means that it could take several months, at least, until they would go to the Supreme Court of the United States. Unusual applications such as Virginia, to his appeal to the head of the line, rarely succeed since the judges as traditionally having this kind of petitions fully analyzed and resolved by the courts below before we tackle them.
Federal judges were divided on the question of whether if a key - the "individual mandate" provision requiring that most Americans health insurance for the purchase in 2014 or financial sanctions face - is constitutional.
The High Court could be requested this fall to take a formal jurisdiction of one or more calls to the health and the question perhaps by 2012, the year of the presidential election.
Meanwhile, a Federal Court of appeal in Richmond, Virginia, early next month will hear two separate challenges to the legislation of reform, including the petition of Virginia. And a Court of appeal in Atlanta in June will hear arguments in a lawsuit filed by Florida and 25 other States on the Act.
It is an urgent matter if some parts of the Act already in force may continue to apply. The parties of the currently administered health reform act include tax credits for small businesses, federal grants and consumer protection measures. The Federal Government wants to know if these provisions can continue so that the issue is under appeal, particularly in the 26 States that filed a complaint.
Oklahoma and a range of private groups also filed separate legal challenges simultaneously working their way through the federal courts across the country.
The affordable care Act has approximately 450 individual components, placing a number of new or revised regulations on States, private insurance, employers and individuals.
Reform health care - a top Democratic priority since the Truman administration - adopted in 2010. Opponents labeled derisively as "obamacare." Republican leaders - that has captured the House of representatives - in the mid-term elections have promised to overthrow or severely trim the Act.
Two federal judges found the law on health care to be constitutional, while two others have concluded otherwise. Who defines what is likely to be a confrontation of the Supreme Court, perhaps sooner than later.
Apparently, justice Elena Kagan has participated in the decision to refuse the status of fast-track current calls. The brief order of the Court does not any refusal by the newest member of the Court.
There are some calls for Kagan to step the question, if it eventually reaches the High Court, due to his previous job as Solicitor General, responsible for defending the administration of Obama in high court challenges. The 50 years of justice refused to his July confirmation hearings to say if she would participate in the conflict in the health care reform. The Department of Justice did not indicate exactly what his role was in early discussions on defending the Bill of health in court. She was nominated to the bench in May and confirmed in August.
Virginia officials had said that Commerce Clause of the Constitution do not gives the Government the power to force Americans to buy a commercial product - such as health insurance - that they may not want or need. They assimilated such a requirement for a binding regulation of "inactivity." Virginia is one of the few States in the country with specific legislation saying residents cannot be forced to buy insurance.
"Speed up our case would have been the exception and thus, even if disappointing, this is not surprising, said Virginia Attorney General Ken Cuccinelli after the judges have made their order." The logical end of this case is the Supreme Court. He will simply have to make its way through the Fourth Circuit (Appeals Court) first. ?
But the backers of the law has tried to minimize any consideration of the High Court. "Supporters of this trial tried it compose as a drum extremely important constitutional challenge before the Supreme Court.". It is, in fact, a nothing burger, "said Doug Kendall, President of the Liberal constitutional responsibility Centre." "" By all rights, the legal challenge to health care reform should be rejected unanimously by the appellate courts and never even be considered on the merits by the Supreme Court. ?
Among other things, the measure was designed to help millions of people insured and underinsured Americans receive adequate and affordable health care through a series of mandates imposed by the Government and grants. In memoirs of the Court, the Federal Government said that last year's US $ 45 million were without insurance - about 15% of the population of the country.
Critics have equated the extent of socialized medicine, fearing that an enlarged Government bureaucracy will result in an increase in taxes and reduced health services. About two dozen of challenges were filed in federal courts throughout the country.
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