RICHMOND, VA (WWBT) - A federal judge is scheduled to take up Virginia's lawsuit challenging the health care reform law.
The Commonwealth will be the first state case to be heard in regards to what Attorney General Ken Cuccinelli calls an unconstitutional health care law.
Cuccinelli will be in court Monday to hear oral arguments on the merits of the health care bill.
He is also asking for the courts to stop the entire health care bill nationwide if he wins out.
"What the federal government is doing in this case is utterly unprecedented," said Cuccinelli.
Cuccinelli says congress exceeded its authority by requiring people to buy health insurance or pay a penalty.
He filed suit in March - moments after President Obama signed the health bill into law because the General Assembly passed a law that said Virginians could not be forced to buy insurance.
The lawsuit was first heard in July - and now it has progressed to the U.S. district court.
A spokesperson from the justice department said they expect to hear health care reform is constitutional.
Monday's hearing will start at 9 a.m. It's expected to last several hours. Afterwards, the Attorney General will be speaking about the hearing.