A federal appeals court in Virginia has agreed to expedite its review of a decision striking down the major element of the Obama administration's health care reform law.

Virginia Attorney General Kenneth Cuccinelli and the U.S. Justice Department both asked for the expedited hearing. Cuccinelli said Wednesday that the 4th U.S. Circuit Court of Appeals will hear the case sometime between May 10 and May 13 in Richmond. Opening briefs are due Feb. 28.

The Justice Department is appealing U.S. District Judge Henry Hudson's Dec. 13 ruling that a provision requiring most Americans to buy health insurance or pay a penalty is unconstitutional.

Cuccinelli said he is still considering asking the U.S. Supreme Court to take the case directly and skip the 4th Circuit.

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