Virginia Attorney General Ken Cuccinelli can keep on with his lawsuit against the federal government over health reform, a judge ruled today. Cuccinelli makes a Tenther argument against health reform, saying that the U.S. government has no right to penalize people for not buying health insurance.
In ruling that Virginia can indeed sue the federal government over health reform, Judge Henry E. Hudson wrote: "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."
Careful watchers of Cuccinelli will remember that Judge Hudson has sided with Cuccinelli before. Ben Tribbett of Not Larry Sabato pointed out a 2007 decision (pdf) by Hudson for Cuccinelli, who'd sued to overturn Virginia's open primaries law. That Cuccinelli got another yes today, however preliminary, from the same judge is no great surprise.
UPDATE: HuffPo finds that Judge Hudson is an investor in a campaign firm whose client list includes Cuccinelli.