The federal government on Tuesday officially filed its intent to appeal U.S. District Judge Henry Hudson’s December ruling that a portion of the federal health care law mandating that most Americans purchase health insurance is unconstitutional.

In response, Virginia Attorney General Ken Cuccinelli, who brought the suit last March, filed a notice of appeal to have the entire law thrown out.

Cuccinelli is mounting his challenge based on a law passed last year by the Virginia General Assembly that says no Virginian can be forced to purchase health insurance. Most anticipate that the case will ultimately end up before the U.S. Supreme Court.