The American Center for Law and Justice, a non-profit group focusing on Constitutional law, said it's encouraged by a district court decision that could help to catapult its case opposing the Affordable Care Act to the Supreme Court.
ACLJ officials said their hope is based on a decision by U.S. Court of Appeals for the District of Columbia Circuit, which granted a motion to expedite the appeal of its legal challenge to the ACA.
"The appeals court clearly understands that this issue is of vital concern and deserves to be expedited," said Jay Sekulow, chief counsel of the ACLJ. "By putting our appeal on the fast track, the court is sending a strong signal that time is of the essence in determining the Constitutionality of this law."
Sekulow said the ACLJ hopes the court decision will "quickly and ultimately" move the case to the Supreme Court, where "we're confident our position will prevail."
[See related story: Florida judge rules against Affordable Care Act.]
The ACLJ filed a motion with the appeals court earlier this month urging an expedited appeal. The appeals court has granted the ACLJ's request and set a schedule, with the first round of briefs to be filed in May and oral arguments before a three-judge panel to be scheduled in September.
The ACLJ is appealing a decision by a federal district court in February that dismissed its lawsuit. In its lawsuit, the ACLJ had argued that Congress does not have the power under the Constitution to require Americans to purchase health insurance and that the mandate also violates the Religious Freedom Restoration Act of 1993.
Sekulow said the ACLJ has filed an amicus brief on behalf of 28 members of Congress and more than 70,000 Americans supporting the Virginia's lawsuit challenging the mandate in federal court in Richmond. The ACLJ also has filed an amicus brief on behalf of 63 members of Congress and more than 70,000 Americans supporting the lawsuit brought by 26 states in the federal court in Florida.
[See also: New House GOP leaders vow to repeal healthcare reform law].
In January, Senate Majority Leader Harry Reid (D-Nev.) and House Democratic Leader Nancy Pelosi (D-Calif.) joined 21 other Democratic leaders in filing a legal brief in a Michigan appellate court defending the Constitutionality of the right of Congress to require every American to buy health insurance.
The Michigan case was the first to reach the appellate court system.
Legal experts have said the Supreme Court is likely to follow traditional protocol by waiting to see the outcome of appellate court decisions before deciding to take the case.