Oops. Teensy problem. After two previous and opposite rulings by federal judges, a Bush-appointed one is the first to say the health-care insurance mandate is unconstitutional. Not unreasonable. Unconstitutional. Having always argued for single-payer or, at minimum, a "public option," I'm tempted to say "told ya so." It always seemed a little dicey, constitution-wise. No matter which judge is "right," it'll eventually get to the S. Court, one must assume.
Two other federal judges have ruled that the law passes constitutional muster. No judge has ruled the law unconstitutional. Many observers think Hudson will be the first.
That prediction is built partly on Hudson's roots in Republican politics. He was elected Arlington's commonwealth attorney as a Republican, briefly ran against U.S. Rep. James P. Moran (D-Va.) in 1991 and has received all of his appointments - as U.S. attorney, as a Fairfax County Circuit Court judge in 1998 and to the federal bench in 2002 - from Republicans.