A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.
U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.
Conservatives and Libertarians on Live journal have been very excited since this news broke earlier this afternoon, but apparently they've overlooked previous rulings against this lawsuits (and quite a few of the lawsuits have been dismissed without comment). It turns out the judge that ruled, Henry E. Hudson, is a Bush II appointee. The next level is to the 4th circuit, one of the most conservative circuits in the country. As Bill Dupray has observed: "If you opposed Obamacare and got to choose the judge and the Circuit in which to have the case heard, you could do a lot worse than the Virginia federal courts. But of course, Ken Cuccinelli [Virginia Attorney General - R ] already knew that." Since we all know this will be decided by the Supremal Court (the Roberts court is the most conservative since the 1930s), and more than likely by a single vote, that made me wonder, if a conservative vacancy occurred for whatever reasons (Roberts, Scalia, Thomas, Alito, or tie-breaker Kennedy), do you think President Obama would be required to nominate another conservative? In the last two nominations, there was a feeling from right wingers that the President would obligated to maintain an ideological balance on the court, and could expect a tremendous fight during a confirmation process if he were to nominate anyone that they didn't approve. Of course, I couldn't disagree more. The President can nominate ANYONE he wants, and expect Senate confirmation, baring any major issues. But considering how much President Obama wants to compromise with the Republican party, I'd be willing to bet he'd pick another conservative.