A Virginia federal appeals court said that the dispute over whether the federal government can require the citizens to get medical insurance should be put off for at least three years until the taxpayers are hit with a penalty. It rejected the two challenges against the healthcare law.

The Virginia court ruled that judges couldn’t rule on any tax challenges until a tax penalty has been given. The Supreme Court is set to tackle the healthcare law early next year but the ruling made by the federal appeals court in Virginia might delay it on the merits.

Administration lawyers are confident that the Supreme Court would rule in favor of the healthcare law and that Congress could regulate the health insurance market. At the moment, the lower courts are split about the issue.

Last June, the United States 6th Circuit Court of Appeals in Cincinnati upheld the healthcare law with a vote of 2-1. Republican state attorneys and conservative activists said that the law is unconstitutional and Washington has no right to force people to purchase a private product. They managed to win a 2-1 ruling from the 11th Circuit Court in Atlanta last month. The U.S. 4th Circuit Court of Appeals in Richmond is expected to come up with a ruling that would be in favor of the administration.