DOJ Contests Va. Health Care Law Appeal

Law360, New York (March 15, 2011, 12:21 AM EDT) -- The U.S. Department of Justice said Monday that Virginia's appeal of its challenge to the Patient Protection and Affordable Care Act should not be allowed to leapfrog the Fourth Circuit to the U.S. Supreme Court.

In a brief filed with the Supreme Court, Acting Solicitor General Neal Kumar Katyal said that Virginia's petition for writ of certiorari before judgment should be denied because "there is no basis for short-circuiting the normal course of appellate review."

The constitutionality of the minimum coverage provision, or individual mandate, of...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.