From the Washington Post:
A federal judge Monday morning refused to dismiss a Virginia lawsuit challenging the constitutionality of the federal health-care law, handing the law’s foes their first victory in a courtroom battle likely to last years.
U.S. District Court Judge Henry E. Hudson rejected arguments from Obama administration lawyers that Virginia has no standing to sue over the law and no chance of ultimately prevailing in its constitutional claim.
“While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate — and tax — a citizen’s decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue,” Hudson wrote in his 32-page opinion.
“The basic test of freedom is perhaps less in what we are free to do than in what we are free not to do.”
— Eric Hoffer