Several states are suing the Obama administration for requiring religious institutions to provide contraception coverage for employees.
The Justice Department wants the legal challenge dismissed. Department lawyers say they have already agreed not to enforce the rule until August 2013.
They have also promised to make changes to address the concerns of religious groups.
"With such a long time before the inception of any possible injury and the challenged regulations undergoing amendment, plaintiff cannot satisfy the imminence requirement for standing (to bring the lawsuit)," Justice Department officials said.
But state attorney's say the rule violates the First Amendment rights of groups that object to the use of contraceptives, and they refuse to back down.
"Regardless of the continuous promises of change offered by this administration, the results are nothing more than bait and switch," Nebraska Attorney General Jon Bruning, who is leading the suit, said.
Florida, Michigan, Ohio, Oklahoma, South Carolina, and Texas are also part of the suit.