Last month, the Virginia General Assembly approved a bill that says neither the federal or state government can force residents to purchase health insurance.
However, the new federal health care bill will have many residents doing just that, and local legislators say they are relying on the lawsuit backed by Ken Cuccinelli to make sure the Virginia Health Care Freedom Act stands.
Republican State Senator Mark Obenshain says, "Whether or not the states are going to be able to mount a constitutional challenge that is going to be successful...I don't know. I am gravely concerned about the impact of this on the American economy and on the health care marketplace."
Virginia became the first state in the nation to pass the health care freedom bill.
Supporters say it returns to Virginians their personal right to chose their own health care plan.