Virginia Attorney General Ken Cuccinelli updated his constituents with his email newsletter and an appearance on Fox News’ Greta Van Sustren program.
We have asked the Supreme Court to expedite the case under its Rule 11. They only do this for one or two cases per decade, so don’t bet a lot of money on this one; however, the nature and cost of the healthcare law is the type that they have expedited in the past, so we’ll see what they do.
We submitted the final brief on expediting this week. The Supreme Court will consider our request on April 15th. We could see a decision by the Supreme Court as soon as April 18th.
What does “expediting” mean under Supreme Court Rule 11? Basically it means to skip the appellate court and go straight to the Supreme Court.
4th Circuit Court of Appeals
At the same time, we are about to submit our first of two briefs in the appellate court. In their opening brief, the feds made essentially the same arguments that they made in the district court. And while we adjust our presentation to include elements of other cases, our arguments will be the same as in the district court.
We will argue our case on May 10th before a three judge panel of the 4th Circuit (assuming the Supreme Court does NOT expedite the case, thereby taking it out of the appeals court). We will not know who those three judges are until the day of the argument.