I'm sure VA has made that argument. I'm just saying that it's unlikely that the Court will find it persuasive, or at least persuasive enough to circumvent the normal appellate process, especially when that "normal" appellate process has already been expedited.
I hope you are right. Despite the desire to see Obamacare stricken from the books at th earliest possible moment, the MOST important thing is that the Supreme Court does, sooner of later, strike it down. I think the FL case is much stronger and, in any case, there is a good reason to go through the appeals process - so we can see exactly the case the DOJ intends to make. My recollection is that oral arguments before the Supreme Court are limited to about an hour per side - including the questions interjected by the judges. I believe we need the experience of the appeals process to tune our arguments so they can be made as briefly as possible before the 2 Obama appointees start eating up time with irrelevant questions. Losing the VA case (which I think is likely on a technicality) puts us in a terrible position when FL makes it to the Court.