It is only a matter of time that either Monday’s case from Virginia, one of the other 20 or so lawsuits, or a combination of cases will end up before the Supreme Court. It is quite possible that a high court ruling could come in June 2012 right in the thick of the next presidential campaign.
Monday’s ruling from Judge Henry Hudson puts this case ahead of another closely watched suit in Florida joined by 20 states and the National Federation of Independent Businesses. That case will be heard Thursday with a ruling, even if expedited, not likely to come until early next year.
A Justice Department spokeswoman essentially confirmed that the government would appeal Monday’s ruling. “We are disappointed in today’s ruling but continue to believe – as other federal courts in Virginia and Michigan have found – that the Affordable Care Act is constitutional,” Tracy Schmaler said in a statement to Fox News. “There is clear and well-established legal precedent that Congress acted within its constitutional authority in passing this law and we are confident that we will ultimately prevail.”