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U.S. Supreme Court Declines to Fast-Track Constitutional Challenge to Health Care Law

1 min readBy: Joseph Bishop-Henchman

The U.S. Supreme Court today unanimously declined to hear an expedited appeal of a lawsuit brought by Virginias Attorney General challenging the new health care law on constitutional grounds. A lower court judge ruled for Virginia in the case, holding that the individual mandate at the center of the law exceeds Congress’s power.

The case will now be heard by a federal appeals court, and after a decision is handed down there, may then be appealed to the U.S. Supreme Court. Virginia had sought to skip this step and be heard immediately by the Supreme Court, a rare but not unusual step.

This lawsuit is separate from one brought by 26 other states.

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About the Author

Joseph Bishop-Henchman

Joseph Bishop-Henchman

Executive Vice President

Joe Bishop-Henchman is Executive Vice President at the Tax Foundation, where he analyzes state tax trends, constitutional issues, and tax law developments. Joe has testified or presented to officials in 36 states, testified before Congress six times, and has written over 75 major studies on tax policy.