The Court’s denial of review in Virginia v. Sebelius (10-1014) was entirely expected. The Justices have the authority to take a case for review before any federal appeals court rules, but they seldom do so. But another factor that may have figured in Monday’s action was that it is late in the current Term so the case could only be reviewed promptly by setting up an unusually fast briefing and argument schedule, and, if that were not done, the case would go over to the new Term starting in October, anyway. One or more of the cases now under review in the federal appeals courts is expected to reach the Court in the new Term. It is widely assumed that, when that happens, the Court will step in.
April 25, 2011
"Court refuses Virginia’s plea for fast-track review of the constitutional challenge to the new health care law."