The Justice Department has filed notice it is appealing the decision to the U.S. Court of Appeals for the Fourth Circuit.
At issue is the individual coverage mandate.
Last month, U.S. District Judge Henry Hudson supported the argument by Virginia's attorney general that Congress overstepped its authority by requiring Americans to begin buying health insurance in 2014.
The White House maintains the individual coverage mandate is constitutional and is part of a plan to help keep health insurance premiums low.
The appeal filed by the Obama administration follows moves by the GOP majority in the U.S. House to repeal the controversial law enacted last year.
Legal analysts believe the case will ultimately go the U.S. Supreme Court.
(Copyright 2011 by VERTEXNews/Newsroom Solutions)