The Supreme Court has refused, without comment, to bypass the court of appeals and review a Virginia district court decision that challenges the constitutionality of the Patient Protection and Affordable Care Act.

In Virginia ex rel. Cuccinelli v. Sebelius (2010 DC VA), the Virginia district court ruled that the requirement imposed by the new law that individuals purchase health insurance was unconstitutional because it exceeded Congress’ authority under the Commerce Clause. In declaring the individual mandate provision invalid, the district court had refused to declare the entire law unconstitutional.

Although the district court’s decision has been appealed to the Fourth Circuit, the Virginia attorney general asked the Supreme Court for an immediate review of the healthcare act provisions.

The Supreme Court has now refused the request for immediate review. However, other district courts have upheld the constitutionality of the act, including Mead v. Holder (2011, DC DC); Thomas More Law Center v. Obama, et al., (2010, DC MI); and Liberty University, Inc v. Geithner, (2010, DC VA). Each of these cases is being appealed to the D.C. Circuit, Sixth Circuit and Fourth Circuit, respectively.

It is expected that the Supreme Court will ultimately have to weigh in to resolve this issue.