Gov. Bob McDonnell says he is disappointed in the Obama administration for not being willing to let Virginia's health care lawsuit go straight to the U.S. Supreme Court.

On Monday, the U.S. Department of Justice denied a request for the lawsuit to side-step the appellate court, saying the lawsuit has already been accelerated and skipping an appellate review is very rare.

However, McDonnell said Tuesday that the Supreme Court will have to decide the case eventually, anyway, and businesses around the country are waiting to see if they will need to start making changes to accommodate the new health care law.

The appellate court is planning to hear Virginia's lawsuit in May.

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