Supremes May Rule on ObamaCare in 2012

The Virginia Attorney General asked the Supremes to make a fast ruling on the constitutionality of ObamaCare. They refused, he responds.

Even though Cuccinelli will now be forced to go through the normal appeals process, he may find sympathetic ears among 4th Circuit judges.

George Washington University law professor Peter Smith, who happens to believe Cuccinelli is on the wrong side of the legal argument over the health-care law, says the 4th Circuit has been perceived as conservative for quite some time.

"I would not be particularly surprised if the 4th Circuit agrees with the district court that the individual mandate provision is unconstitutional," Smith says.

Smith says the case could still reach the Supreme Court by the spring of 2012.