Attorney General Ken Cuccinelli (R) will push to fast-track Virginia's challenge of the federal health care overhaul to the nation's highest court.
Cuccinelli said the uncertainty caused by various court rulings about the constitutionality of the health care law makes expedited review a necessity.
"Currently, state governments and private businesses are being forced to expend enormous amounts of resources to prepare to implement a law that, in the end, may be declared unconstitutional," he said in a statement. "Regardless of whether you believe the law is constitutional or not, we should all agree that a prompt resolution of this issue is in everyone's best interest."
In December, a federal judge in Richmond ruled portions of President Barack Obama's health care plan unconstitutional. Another judge, this one in Florida, ruled Monday that the entire law is unconstitutional. Two other courts have upheld the act.
Virginia's lawsuit is scheduled for hearings in an appellate court this spring. But Cuccinelli's petition seeks to leap-frog that process to take his case directly to the Supreme Court. It is a highly unusual move, and one the court rarely grants.
"We did not make this decision lightly," Cuccinelli said.
The Justice Department has said it does not support putting the court battle on the fast track.