A judge on Monday refused to dismiss the state of Virginia's challenge to President Barack Obama's landmark healthcare law, a setback that will force his administration to mount a lengthy legal defense of the overhaul effort.I try to be intellectually consistent about these things -- I didn't like the intervention against the Arizona law and I don't like this move any better. We are supposed to have separation of powers in this country, along with checks and balances that prevent any of the three branches of government from gaining an advantage.
U.S. District Judge Henry Hudson refused to dismiss the state's lawsuit which argues the law's requirement that its residents have health insurance was unconstitutional, allowing the challenge to go forward.
The new law is a major cornerstone of President Barack Obama's domestic agenda and administration officials have vigorously defended it as constitutional and necessary to stem huge increases in costs for health care.
At this point, it's awfully hard to see any real check on the judiciary. I'm not sure it does any good to complain about it -- Marbury v. Madison has been in place for over 200 years now. Still, it makes me uncomfortable when federal judges play God, even if we have enabled such behavior for centuries.