In a motion filed hours before the court deadline on Monday, Health and Human Services Secretary Kathleen Sebelius argued that Congress acted well within its authority. It also claims Virginia lacks jurisdiction to sue.

State Attorney General Ken sued hours after Congress passed the sweeping health reform bill in March.

He alleged that by requiring Virginians to buy health coverage or pay a fee, Congress exceeded its authority under the 10th Amendment.

Sebelius argues that the new law is well within the scope of the Commerce Clause of the Constitution.