Virginia Attorney General Ken Cuccinelli is asking the U.S. Supreme Court to consider his challenge to President Barack Obama's health care overhaul.
Cuccinelli planned to file the appeal Friday.
A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously dismissed Cuccinelli's lawsuit on Sept. 8, ruling that Virginia lacked legal standing to file the complaint. The court did not rule on the core issue -- the constitutionality of the law's requirement that individuals buy health insurance or pay a penalty starting in 2014.
Cuccinelli said immediately after the ruling that he would appeal.
The Obama administration already has appealed to the Supreme Court a ruling by the federal appeals court in Atlanta that struck down the insurance mandate.