Published: Sep 13, 2010 4:55 PM EDT
Updated: Sep 13, 2010 1:55 PM EDT

PENSACOLA, Fla. (AP) - The Obama administration wants a judge to dismiss a lawsuit by 20 states that claims the president's health care overhaul plan is unconstitutional.

Federal attorneys will tell a U.S. district judge Tuesday that he shouldn't let the lawsuit go to trial because the states don't have standing to sue. They will argue in a Pensacola, Fla., 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. They say the low-income insurance program is so popular, they can't opt out.