Last week when a federal court gave the Justice Department a preliminary ruling in the Arizona Immigration case, the decision was hailed wide and far by main stream media outlets like the New York Slimes. Yet, yesterday, when a US District Court denied Obama's attempt to throw out Virginia's lawsuit which takes dead aim at the constitutionality of Obamacare-not a word was heard.
US District Judge Henry Hudson on the expansion of the Commerce Clause: the individual mandate "literally forges new ground and extends Commerce Clause powers beyond its current high water mark." Specifically, the court recognized that there is a critical difference between the federal government regulating "a voluntary decision to perform an act" and mandating "that a person ... perform an involuntary act."
Hudson seems to get the central argument: forcing American citizens to buy a stand-alone product is beyond the reach of the Commerce Clause.
Round one is scored by the ringside judges in favor of the Constitution.