Virginia's attorney general heads to federal court in Richmond tomorrow--as the state continues its lawsuit challenging the federal health care bill.
Last month, the Eastern District Court of Virginia rejected the federal government's motion to dismiss the case. On Monday, the two sides will present arguments on whether the federal individual health insurance mandate is legal, and whether the penalty for not buying insurance is a tax, as the federal government claims.
Virginia Attorney General Ken Cuccinelli won't deliver the argument for the stat--that duty falls to Virginia's solicitor general, Duncan Getchell.
But Cuccinelli says he'll be watching closely.
"We don't know exactly what the federal government will say or do on Monday, so I'll be down there, scribbling away with three of my compatriots, figuring out what we might do to respond to that right there in the courtroom," Cuccinelli says.
Cuccinelli says he expects a decision from the court in about a month, but he says whichever side loses will certainly appeal the decision.