WBRZ - Baton Rouge

The Obama administration is asking a judge to dismiss a lawsuit by 20 states that claims the president's health care plan is unconstitutional.

Federal attorneys will tell a judge Tuesday that the lawsuit shouldn't go to trial because the states don't have standing to sue. They will argue in a Pensacola courtroom that the section of the overhaul requiring health insurance doesn't take affect until 2015 and it would be up to an individual taxpayer to challenge the law then.

The states argue they can sue because new law will require them to spend more money on Medicaid.