Virginia’s attorney general said Thursday that he would ask the U.S. Supreme Court for direct review of the Virginia federal court ruling invalidating part of the health care overhaul that became law last year.

Attorney General Kenneth T. Cuccinelli said he would seek to bypass the 4^th Circuit Court of Appeals and go directly to the nation’s highest court because the uncertainty over whether Congress had the authority to mandate health care coverage required fast resolution.

“Currently, state governments and private businesses are being forced to expend enormous amounts of resources to prepare to implement a law that in the end may be declared unconstitutional,” Mr. Cuccinelli said according to The New York Times.

Two federal courts have upheld the law, while courts in Virginia and Florida struck down the individual mandate as violative of the Constitution’s Commerce Clause. The Florida Court declared the entire law invalid.

Meanwhile, Utah GOP Sen. Orrin Hatch said Justice Elena Kagan should recuse herself when the challenge to the law reaches the Supreme Court. And he said, that move could create a 4-4 tie among the justices.

“I think that Kagan, who was the solicitor general at the time this was all done, probably should recuse herself, which means it might not be resolved by the Supreme Court,” Hatch said Wednesday evening on Fox News, The Hill reports. “That means the lower court decision will be the acting law.”

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