"U.S. District Judge Henry Hudson last month backed the argument by Virginia's attorney general that Congress exceeded its authority by requiring Americans to start buying health insurance in 2014 or face a fine.
The Justice Department, as expected, filed a notice with the U.S. District Court for the Eastern District of Virginia that it was appealing to the U.S. Court of Appeals for the Fourth Circuit, based in Richmond.
The appeal comes days before Republicans who control the U.S. House of Representatives plan to pass legislation that would repeal the healthcare reform law. However, the measure has no chance of passing the Senate and Obama would veto it.
Judge Hudson ruled on December 13 that the individual mandate invited an "unbridled exercise of federal police powers." "