The legal challenge to Obamacare filed by Virginia Attorney General Ken Cuccinelli went before a judge yesterday. And somewhat miraculously, the case is being heard in the U.S. District Court for the Eastern District of Virginia by a FAIR judge. As Bill Dupray over at Liberty Pundits puts it:
Judge Henry Hudson, a Bush appointee and former U.S. Attorney in the high-profile ‘Rocket Docket’ in the Eastern District of Virginia is a very solid judge. Many Virginia lawyers, including your truly … practiced before him when he was a Circuit Court judge in Fairfax County … regardless of the outcome of the ruling itself, it will be very well thought out.
The arguments that Judge Hudson heard yesterday involve the Obama administration’s motion to dismiss, which is predicated on their position that Virginia has no legal standing to bring the suit. Obviously, Attorney General Cuccinelli argued to the contrary:
[Cuccinelli said] Virginia was uniquely positioned to challenge the measure because of a law, adopted by the General Assembly this year, stating that individuals could not be forced to buy health insurance in Virginia.
The multi-state suit against Obamacare filed in Florida has received more attention, but the Virginia challenge will probably make it to the Supreme Court first because the Judge Hudson’s court is the famous “rocket docket,” the fastest federal trial court in the country.
Hudson will issue his ruling on the motion to dismiss within 30 days.
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