The Supreme Court has rejected Ken Cuccinelli's request for an expedited review of his challenge to the constitutionality of the Affordable Care Act. The news shouldn't be taken as an indication that the challenge is any less viable, a question that turns less on legal precedent and more on the individual views of the justices who will hear the case. The Supreme Court rarely grants such requests.
“It is important for the legitimacy of the court not to circumvent the normal process,” Adam Winkler, a professor of law at UCLA. "Because of the controversial nature of this case, any deviation from the norm will be seen as political.” Whether the court upheld the act or struck it down, accepting an expedited review would have undermined the political legitimacy of whatever ruling was reached.
Perhaps more significant, though, is the indication that Justice Elena Kagan, who was formerly solicitor general in the Obama administration, did not appear to recuse herself from the decision, Winkler points out. Conservatives have sought to pressure her to recuse herself from the case, which would deny the Affordable Care Act a presumed vote to uphold the law.
