its already been ruled unconstitutional by the lower court
This is a response to the Virginia Obamacare challenge. VA’s AG petitioned SCOTUS to expedite the procedure and bypass the Court of Appeals.
VA won at the District Court level; it’s being appealed at the Circuit Court of Appeals level. VA wants the case expedited. The Administration wants it to drag out as long as possible, including the year or so it would take to get thru the Court of Appeals. That’s what this brief is about, delay and stall.
There is a split between the circuits, always a strong factor in SCOTUS taking a case. The District Courts in VA and FL have declared the law either unconstitutional in its totality, or in part Three other circuits (DC/MI and ???) have declared it constitutional.
The SCOTUS will eventually take this case and/or the FL case, whether expedited or not. This is just in response to VA’s petition to expedite, it’s not a final appeal.