Breaking: Federal judge refuses to dismiss Virginia challenge to ObamaCare POSTED AT 11:35 AM ON AUGUST 2, 2010 BY ED MORRISSEY The federal bench giveth â¦ and the federal bench taketh away. Federal judge Henry Hudson has refused to dismiss a challenge from Virginia on the constitutionality of the individual mandate in ObamaCare. The case will have to move to trial, and could imperil the entire overhaul: Expect the Left to go after Judge Hudson. George W. Bush appointed him to the federal bench in 2002, following a career in the state bench and also in the US Marshal Service as director during Bush 41âs administration. The Right showed no reluctance to point out Susan Boltonâs appointment by Bill Clinton, and turnabout is not just fair play but de rigueur by now. It matters little, anyway. Virginia wasnât the only state preparing a challenge to this law, nor was it even first to file a challenge. This law will go to the Supreme Court from many directions, and there are more than enough constitutional grounds for judges to allow hearings on it, regardless of what Pete Stark thinks. Besides, Hudson only refused to dismiss the lawsuit. He hasnât yet ruled on any of the arguments in the case, except to rule that Virginia has a case to argue that the federal government overreached. What we know now is that at least one court will hear that case â and thatâs the first step to checking the power of Washington.